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2 28 13 City Council Proceedings Official_Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:30 p.m. on February 28, 2013 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PUBLIC HEARING Upon motion the rules were suspended allowing anyone present to address the City Council. Public Hearing on the City of Dubuque Fiscal Year 2014 Recommended Budget (as amended): Proof of publication on notice of public hearing to consider the Fiscal Year 2014 Recommended Operating Budget and Capital Improvement Program (July 1, 2013 through June 30, 2014) and the City Manager recommending approval. Restated motion by Connors to receive and file the documents, adopt the resolutions Resolution No. 62-13 Adopting the City of Dubuque Fiscal Year 2014 Annual Budget and Resolution No. 63-13 Adopting the City of Dubuque Five-Year Capital Improvement Plan (each as amended), and conduct the public hearing. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 62-13 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2014 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, 2014, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year, is adopted. Section 2. The City Clerk is directed to make the filings required by law. Passed, th approved and adopted this 28 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 63-13 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 2013, and ending June 30, 2018, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improvement Program describes specific capital improvement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2014 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 DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 2013, set out in the Fiscal Year 2014-2018 Recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. th Passed, approved and adopted this 28 day of February, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: City Manager submitting a revised Fiscal Year 2014 Economic Development Department budget recommendation. City Manager recommending an amended Fiscal Year 2014 Transit Budget recommendation to continue the Shopping Circulator Route by applying for an Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP) grant. City Manager submitting a revised Fiscal Year 2014 Water Department budget recommendation. Correspondence from the Long Range Planning Advisory Commission recommending the approval of the fiscal Year 2014-2018 Capital Improvement Program advising that it is consistent with the 2008 Dubuque Comprehensive Plan. Mayor Buol called for public input on City FY 2014 departmental budgets in the following order: Airport, Planning Services, Library, Finance Department, Information Services, Human Rights, Water Department, Water & Resource Recovery, Public Works, Transit, Housing & Community Development., Economic Development, Parking Division, Engineering Department, Purchase of Services, Five Flags Center, Conference Center (GRC), Recreation Division, Park Division, Emergency Communications, Emergency Management, Fire Department, Police Department, Building Services, Health Services, City Attorney’s Office, City Manager’s Office, City Council, City Clerk’s Office, Cable TV Division, Capital Improvement Program Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Fiscal Year 2014 (Program Year 2013) Community Development Block Grant (CDBG) Annual Action Plan: Motion by Braig to receive and file the documents and 2 adopt Resolution No. 64-13 Adopting the Fiscal Year 2014 (Program Year 2013) Community Development Block Grant (CDBG) Annual Action Plan. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 64-13 ADOPTING THE FISCAL YEAR 2014 (PROGRAM YEAR 2013) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2014(Program Year 2013) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2014 (Program Year 2013) CDBG Annual Action Plan have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of an Annual Action Plan following a public hearing; and Whereas, the City Council has held a public hearing on the proposed plan on February 21, 2013 following a 30 day public comment period and has approved the Fiscal Year 2014 Annual Action Plan on February 28, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2014 (Program Year 2013) Annual Action Plan, attached hereto as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2014 (Program Year 2013) Annual Action Plan with all related documents for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. th Passed, approved and adopted this 28 day of February 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: Development Services Activity - Recommended Fees: Motion by Connors to receive and file the documents and adopt Resolution No. 65-13 Rescinding Resolution No. 72- 12, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a new Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 65 13 RESCINDING RESOLUTION NO. 72-12, ESTABLISHING A SCHEDULE OF DEVELOPMENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DEVELOPMENT SERVICES FEES AS PROVIDED IN TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE. Whereas, the City Council of the City of Dubuque, Iowa establishes by resolution certain fees for development services pursuant to the Unified Development Code, 3 pursuant to the attached schedule of Development Services Fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 72-12 and its Schedule of Fees is hereby rescinded. Section 2. That the attached Fee Schedule is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2013. th Passed, approved and adopted this 28 day of February 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Planning Services Department Development Services Fee Schedule Effective July 1, 2013 TYPE OF APPLICATION FEE ZONING BOARD OF ADJUSTMENT Variance $303 + $2/notice Conditional Use Permit $303 + $2/notice Appeal $61 Special Exception $121 ZONING ADVISORY COMMISSION Waiver from Site Design Standards $303 Text Amendment $242 Minor Subdivision Plat $242 Preliminary Plat/Major Subdivision $484 + $10/lot Final Plat/Major Subdivision $242 Rezoning $363 + $50/acre +$2/notice New Planned District (PUD) * $605 + $50/acre +$2/notice Amended Planned District (PUD) ** $363 + $50/acre +$2/notice DEVELOPMENT REVIEW SERVICES Simple Subdivision – Staff Review $12 Simple Subdivision – Council Action Required $242 Extension of Subdivision Bonding $33 Limited Setback Waiver $61 Sign Permit Reviews $33 Site Plan Review Simple Site Plan $61 Minor Site Plan $154 Major Site Plan $275 Flood Plain Development Flood Plain Permit $121 Flood Way Permit $605 Temporary Use Permits Off-Premise Retail $11 per day 4 On-Premise Seasonal $$0.003/sq. ft. per day Billboard Inspection Fee $100/billboard per year Electronic Message Sign Fee $50/sign per year OTHER DEVELOPMENT SERVICES Maps, Ordinances, Reports *** $10-30/document Copies *** $0.10/page * Maximum Fee Cap of $1,000 ** Maximum Fee Cap of $2,000 ***Fees higher for oversize and color copies Five-Year Street Construction Program 2014-2018: City Manager recommending approval of the Annual Five-Year Street Construction Program for Fiscal Years 2014- 2018. Motion by Lynch to receive and file the documents and adopt Resolution No. 66- 13 Adopting the Five-Year Street Construction Program for Fiscal Year 2014-2018. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 66-13 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2014 - 2018 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Year 2014 – 2018 beginning July 1, 2013 and ending June 30, 2018, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five-Year Street Construction Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2014 budget; and Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five-Year Street Construction Program for Fiscal Years 2014 – 2018 beginning July 1, 2013, set out in the Fiscal Years 2014 – 2018 recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. th Passed, adopted and approved this 28 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Code or Ordinances - Stormwater Management Utility Fee Rate: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be 5 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. 9-13 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-13 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: Section 1. That City of Dubuque Code of Ordinances Section 13-4-5 (D) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be $5.60 per SFU. th Passed, approved and adopted this 28 day of February, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances - Fixing Water Rates for Residential and Industrial Use and All Other Uses; and Fixing Water Rates for Fire Sprinkler Service. Motion by Connors 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 Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-13 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial, Industrial, and All Other Uses; and Ordinance No. 11-13 Amending the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) ESTABLISHING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, 6 commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption Charge per (in Hundreds of Cubic Feet)Hundred Cubic Feet First 30 $2.90 Next 120 $2.37 Next 350 $2.19 Next 500 $1.94 Next 1,000 $1.72 Monthly Consumption Charge per (in Gallons)Gallon First 22,440 $0.00387 Next 89,760 $0.00316 Next 261,800 $0.00294 Next 374,000 $0.00261 Next 748,000 $0.00229 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 $5.79 3/4 5 3,740 $14.47 1 8 5,984 $23.16 1 1/2 26 19,448 $75.26 2 46 34,408 $124.66 3 106 79,288 $266.48 4 168 125,664 $410.07 6 368 275,264 $849.89 8 625 467,500 $1,384.21 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 charged to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $5.00 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2013. th Passed, approved and adopted this 28 day of February, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk 7 8 OFFICIAL PUBLICATION ORDINANCE NO. 11-13 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES SECTION 13-1C-2 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: NUMBER OF MONTHLY HEADS CURRENT CHARGES Up to 200 (minimum monthly charge) $17.71 200 – 299 $21.26 300 – 399 $24.76 400 – 599 $28.33 600 – 799 $31.85 800 – 999 $35.41 1,000 – 1,199 $38.96 1,200 – 1,399 $42.46 $46.02 1,400 – 1,599 1,600 – 1,799 $49.56 1,800 – 1,999 $53.08 2,000 – 2,199 $56.63 2,200 – 2,399 $60.16 2,400 – 2,599 $63.71 2,600 – 2,799 $67.26 2,800 – 2,999 $70.87 3,000 – 3,499 $74.32 $3.53 Over 3,500 (for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2013. th Passed, approved and adopted this 28 day of February, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances - Sewer Rates for Residential and Commercial Users: Motion by Braig to receive and file the documents and that the requirement that a proposed 9 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 Jones. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 12-13 Amending the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C- 3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-13 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 13-2C- 3(B) AND 13-2C-3(C)(7) ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY ATHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3(B) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13-2C-3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet $3.99 Rate per each gallon $ .00533 Section 2. Section 13-2C-3(C)(7) of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance Allowance (inches) Charge (cubic feet) (gallons) 5/8 $7.97 200 1,496 3/4 $19.93 500 3,740 1 or larger $31.89 800 5,984 Section 3. This Ordinance shall take effect July 1, 2013. th Passed, approved and adopted this 28 day of February, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances - Solid Waste Fees Amendment: Motion by Connors 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 13-13 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges 10 Established; Exceptions; and 13-6A-8: Yard Waste and Food Scraps. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS; AND 13-6A-8: YARD WASTE AND FOOD SCRAPS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of twelve dollars seventy-four cents ($12.74) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one-half 1 (/) the established collection charge. After the initial application, annual 2 application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application 1 to the city manager, be exempted from one-half (/) the established collection 2 charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of twelve dollars seventy-four cents ($12.74) 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 11 bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1. A fee of twelve dollars seventy-four cents ($12.74) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 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. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 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. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty four (64) gallon city cart shall be twenty two dollars ($22.00) each per month. The fee for a ninety six (96) gallon city cart shall be thirty three dollars ($33.00) each per month. 5. 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). 6. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 12 7. In alleys where solid waste carts, owned by the city for semiautomated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. 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. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 23-12, 3-7-2012, eff. 7- 1-2012) Section 2. 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. (Ord. 22-06, 3-2-2006, eff. 4- 3-2006) 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. (Ord. 78-08, 12-1-2008) 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) 1 each through June 30 of each year. The fee shall be reduced by one-half (/) on 2 13 1 July 1 of each year and again by one-half (/) on September 1 of each year. A 2 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. (Ord. 31-10, 6-21- 2010, eff. 7-1-2010) 5. The minimum fee paid to the city for collection of a scheduled Leaf Rake-Out is twenty dollars 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. 1. Such carts shall be co-collected with yard waste. The customer shall choose the number and size of the cart(s). Subscriber Weekly Food Scrap Collection Services Season: April through November Monthly Rates Customer Class Cart Size FY13 FY14 City Refuse Customers & K-12 schools 13 Gallon $0.60 $1.00 City Refuse Customers & K-12 schools 48 Gallon $5.50 $8.00 City Refuse Customers & K-12 schools 64 Gallon $8.50 $11.00 Commercial Customers without City Refuse Collection 13 Gallon $0.60 $4.00 Commercial Customers without City Refuse Collection 48 Gallon $5.50 $15.00 Commercial Customers without City Refuse Collection 64 Gallon $8.50 $20.00 Season: December through March Monthly Rates Customer Class Cart Size FY13 FY14 City Refuse Customers & K-12 schools 13 Gallon $4.80 $5.20 City Refuse Customers & K-12 schools 48 Gallon $10.00 $12.00 City Refuse Customers & K-12 schools 64 Gallon $15.00 $20.00 Commercial Customers without City Refuse Collection 13 Gallon $4.80 $10.40 Commercial Customers without City Refuse Collection 48 Gallon $10.00 $24.00 Commercial Customers without City Refuse Collection 64 Gallon $15.00 $32.00 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. (Ord. 78-08, 12-1-2008) 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. 22-06, 3-2-2006, eff. 4-3-2006) st Section 3. This Ordinance shall take effect on the 1 day of July, 2013. th Passed, approved and adopted this 28 of February, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk 14 th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Housing Choice Voucher, (HCV), and Family Self Sufficiency (FSS) Coordinators Positions: City Manager submitting information from the U.S. Department of Housing and Urban Development (HUD) indicating that the original funding for three Family Self Sufficiency Coordinators is being reduced to one effective this current fiscal year. Motion by Lynch to receive and file the documents. Seconded by Jones. Motion carried 7-0. Fiscal Year 2013 Amended City Health Insurance Contribution: City Manager recommending an increase in the City health insurance contribution per contract for Fiscal Year 2013, subject to a future budget amendment. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. CLOSED SESSION Motion by Lynch to convene in closed session at 7:07 p.m. to discuss property acquisition pursuant to Chapter 21.5(1)(j), Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:47 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:48 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1t 3/8 15