Loading...
3 8 07 Council Minutes Special Session Official CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, March 8, 2007 Council Met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, 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 a public hearing on the Fiscal Year 2008 budget and capital improvement program. Proofs of publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2008 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2007 through the fiscal year ending June 30, 2012 and City Manager’s revised Fiscal Year 2008 Budget recommendations, upon motion received and filed. Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Public input and discussion on departments in the following order: Human Rights Department – no comments; Finance Department - no comments; Legal Department– no comments; City Manager’s Office - no comments; City Council – no comments; City Clerk’s Office - no comments; Water Department – no comments; Water Pollution Control Plant – no comments; Public Works Department – no comments; Engineering Department – no comments; Civic Center Division – no comments; Conference Center – no comments; Recreation Division – no comments; Park Division – no comments; Information Services Department – no comments; Cable TV Division – no comments; Economic Development Department – no comments; Parking Division – no comments; Transit Division – no comments; Library Department - no comments; Housing and Community Development Department – no comments; Airport Department – no comments; Health Services Department – no comments; Planning Services Department – no comments; Purchase of Services – no comments; Emergency Communications – no comments; Emergency Management – no comments; Fire Department – no comments; Police Department – no comments; Building Services Department – no comments; Capitol Improvement Program – Dan Ernst, 899 Mt. Carmel and representing the Friends of the Mines of Spain, expressed appreciation to the Council for support of the Mines of Spain expansion project and gave a brief update of the fundraising campaign. Upon motion the rules were reinstated limiting discussion to the Council. Michalski moved adoption of Resolution No. 150-07 Adopting Annual Budget for the Fiscal Year ending June 30, 2008, Resolution No. 151-07 Adopting Five Year Capital Improvement Program Budget for Fiscal Years 2008-2012, and Resolution No. 152-07 Adopting the Program Year 2007 (Fiscal Year 2008) Community Development Block Grant (CDBG) Annual Plan. Seconded by Braig. Motion carried 5-2, with Cline and Lynch voting nay. RESOLUTION NO. 150-07 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2008 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, 2008, 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, as amended, is adopted. Section 2. The City Clerk is directed to make the filings required by law. th Passed, approved and adopted this 8 day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 151-07 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 2007, and ending June 30, 2012, 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 2008 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, 2007, set out in the Fiscal Year 2008-2012 Recommended Capital Improvement Budget, is hereby approved and adopted as amended 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 8 day of March, 2007. Roy D. Buol, Mayor 2 Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 152-07 A RESOLUTION ADOPTING THE FISCAL YEAR 2008 (PROGRAM YEAR 2007) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2008 (Program Year 2007) 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 2008 (Program Year 2007) CDBG Annual 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 the Annual Plan; and Whereas, the City Council has held a public hearing on the proposed plan on February 27, 2007 and approved the FY 2008 Annual Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant 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 to submit to the United States Department of Housing and Urban Development the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. th Passed, approved and adopted this 8 day of March 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline stated that there were five issues in the budget which concerned her. They were: (1) not providing additional funding for the Historic Preservation Grant Program, (2) Fire Department staffing – she did not feel there were enough facts to make an informed decision, (3) not being able to provide some funding for the Maria House / Teresa Shelter, (4) custodial help for the Transit Division not being recommended, and (5) part-time clerical help at the Police Department not being recommended for funding. Lynch expressed concern that the City Council did not support the City Manager’s recommendation with regard to Fire Department staffing. Ordinance No. 7-07 Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-201(a) Fixing water rates for residential, commercial, industrial, and all other uses; Ordinance No. 8-07 Amending the City of Dubuque Code of Ordinances Section 44-202 Fixing water rates for fire sprinkler service; Ordinance 9-07 Amending the City of Dubuque Code of Ordinances Sections 44-83(a)(2) and 44-83(a)(3)g Establishing basic sewer rates for residential and commercial users by increasing the rates; Ordinance 10-07 Amending the City of Dubuque Code of Ordinances Section 40- 37 paragraphs (a), (b), and (c) establishing charges for the collection and disposal of solid waste materials; and Ordinance 11-07 Amending the City of Dubuque Code of 3 Ordinances Section 32-773 Removal and impoundment by providing for the removal and impoundment of any vehicle with five (5) or more unpaid parking violations or three (3) unpaid violations where the most recent violation is more than thirty (30) days past due, presented and read. Michalski moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinances. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE 7-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-201(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 DUBUQUE, IOWA: Section 1. Section 44-201(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-201. Residential, Commercial, Industrial and All Other Uses. (a) 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) as follows: Monthly Consumption (in Hundreds of Cubic Feet) Charge per Hundred Cubic Feet First 30 $1.89 Next 120 $1.54 Next 350 $1.43 Next 500 $1.27 Next 1,000 $1.11 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Monthly Consumption Meter Size (In Hundreds of Inches Cubic Feet) Minimum Charge 5/8 2 $ 3.78 3/4 5 $ 9.45 1 8 $ 15.12 1 1/2 26 $ 49.14 2 46 $ 81.34 3 106 $ 173.74 4 168 $ 267.24 6 368 $ 553.24 8 625 $ 900.75 A $5.00 minimum monthly charge will be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2007. 4 th Passed, approved and adopted this 8 day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 14 day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 3/14 OFFICIAL PUBLICATION ORDINANCE 8-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 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 44-202 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-202. Fire Sprinkler Service. (a) Customers who have fire sprinkler service shall be billed for this service on monthly basis. The monthly charge shall be as follows: NUMBER OF MONTHLY HEADS CURRENT CHARGES Up to 200 (minimum monthly charge) . . . . . . . . . . $ 11.30 200 – 300. . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.57 300 – 400. . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.82 400 – 600. . . . . . . . . . . . . . . . . . . . . . . . . . $ 18.07 600 – 800. . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.33 800 – 1,000 . . . . . . . . . . . . . . . . . . . . . . . . $ 22.61 1,000 – 1,200 . . . . . . . . . . . . . . . . . . . . . . . . $ 24.86 1,200 – 1,400 . . . . . . . . . . . . . . . . . . . . . . . . $ 27.10 1,400 – 1,600 . . . . . . . . . . . . . . . . . . . . . . . . $ 29.38 1,600 – 1,800 . . . . . . . . . . . . . . . . . . . . . . . . $ 31.64 1,800 – 2,000 . . . . . . . . . . . . . . . . . . . . . . . . $ 33.88 2,000 – 2,200 . . . . . . . . . . . . . . . . . . . . . . . . $ 36.15 2,200 – 2,400 . . . . . . . . . . . . . . . . . . . . . . . . $ 38.39 2,400 – 2,600 . . . . . . . . . . . . . . . . . . . . . . . . $ 40.67 2,600 – 2,800 . . . . . . . . . . . . . . . . . . . . . . . . $ 42.93 2,800 – 3,000 . . . . . . . . . . . . . . . . . . . . . . . . $ 45.24 3,000 – 3,500 . . . . . . . . . . . . . . . . . . . . . . . . $ 47.44 Over 3,500 (for each additional 500 heads or fraction thereof . . . . . . . . . . . . $ 2.27 Section 2. This Ordinance shall take effect July 1, 2007 th Passed, approved and adopted this 8day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 14 day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 3/14 5 OFFICIAL PUBLICATION ORDINANCE NO. 9-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 44-83 (a)(2) and 44-83 (a)(3)g ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-83 (a)(2) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 44-83 (a)(2) Schedule of Rates: Rates per each one hundred (100) cubic feet…..$2.07 Section 2. Section 44-83 (a)(3)g 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 service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance (inches) Charge (cubic feet) 5/8 $4.15 200 3/4 $10.35 500 1 or larger $10.35 800 Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 8th day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 14 day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 3/14 OFFICIAL PUBLICATION ORDINANCE NO. 10-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARAGRAPHS (a), (b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37, paragraphs (a), (b), and (c) of the City of Dubuque Code of Ordinances are hereby amended to read as follows: Sec. 40-37. Charges-Amounts; Exceptions1: (a) Class I Premises: Except as qualified below, a fee of nine dollars and ninety-one cents ($9.91) 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 7 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 eight (8) housing program" for one- and two-person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection 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. (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 eight (8) housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection 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: A fee of nine dollars and ninety-one cents ($9.91) 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. 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: A fee of nine dollars and ninety-one cents ($9.91)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. 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 8 be effective at the beginning of the next billing period after such fourteen (14) day notice period. Section 2. This ordinance shall take effect on the 1st day of July, 2007. Passed, approved and adopted this 8th day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 14 day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 3/14 OFFICIAL PUBLICATION ORDINANCE NO. 11-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-773 REMOVAL AND IMPOUNDMENT BY PROVIDING FOR THE REMOVAL AND IMPOUNDMENT OF ANY VEHICLE WITH FIVE (5) OR MORE UNPAID PARKING VIOLATIONS OR THREE (3) UNPAID VIOLATIONS WHERE THE MOST RECENT VIOLATION IS MORE THAN 30 DAYS PAST DUE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances § 32-773 is amended to read as follows: Sec. 32-773. Removal and Impoundment: (a) Any vehicle having against it the following number of unpaid violations, charging that such vehicle was parked, stopped or standing in violation of any law, ordinance or local authority of the city shall be deemed a public nuisance: (1) Five (5) or more unpaid violations; or (2) Three (3) unpaid violations where the most recent violation is more than 30 days past due. (b) The City Manager is hereby authorized to remove or cause to be removed such vehicle from property owned by the city or private property with the property owner's consent at the sole cost and expense of the vehicle owner. The City Manager shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment as they may deem advisable. Section 2. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 8 day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 14 day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 3/14 There being no further business, upon motion meeting adjourned at 6:58 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 9 1t 3/16 10