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Solid Waste Section 40-37 Code RevisionTHE CITY OF DUB E MEMORA NDUM Masterpiece nn the Mississippi May 15, 2007 n ©~ cu, n ~ ¢ _"` ~ c ~~ -~ ~ o., s `7 1 TO: The Honorable Mayor and City Council Members G~ ~' ca m FROM: Michael C. Van Milligen, City Manager , ~' ~ ~ SUBJECT: Proposed Revisions to Section 40-37 of the Code of Ordinances On March 8, 2007, the City Council approved increasing the City of Dubuque monthly solid waste collection service base fee to $9.91 effective July 1, 2007. This increase was necessary to ensure that adequate funds were available for anticipated cost increases in Fiscal Year 2008. One of the costs anticipated to increase was the landfill tonnage fee paid to the Dubuque Metropolitan Area Solid Waste Agency. That fee was scheduled to increase 50¢ effective July 1, 2007. At its May business meeting, the Agency's Board of Directors voted unanimously to rescind the scheduled increase, citing the State of Iowa's April 11, 2007 notification that it was reducing the State's tonnage tax in recognition of Dubuque and Delaware Counties' Fiscal Year 2006 35.55% waste diversion rate through recycling and reuse. As a result, Public Works Director Don Vogt is recommending that the Fiscal Year 2008 monthly solid waste collection service base fee previously approved to be $9.91, should now be reduced to $9.89. This is a direct pass-through of all the savings the City of Dubuque will receive from this reduced tipping fee at the landfill. appreciate the Dubuque Metropolitan Area Solid Waste Agency's Board of Directors' responsiveness to this decrease in cost and willingness to pass that savings on to the consumer. I concur with the recommendation and respectfully request Mayor and City Council approval. ~c~ ~' ~ ,~ ~ 1, Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director rti~ crTx of ~. DUB E Masterpiece on the Mississippi MEMORANDUM May 10, 2007 TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director ~/~ SUBJECT: Proposed Revisions to Section 40-37 of the Code of Ordinances INTRODUCTION The purpose of this memorandum is to submit to you a proposed ordinance for your review and approval. This ordinance would revise paragraphs (a), (b), and (c) of Section 40-37 of the Code of Ordinances. BACKGROUND On March 8th, the City Council approved increasing the City of Dubuque monthly solid waste collection service base fee to $9.91, effective July 1St. This increase was necessary to ensure that adequate funds were available for anticipated cost increases in FY08. One of the costs anticipated to increase was the landfill tonnage fee paid to the Dubuque Metropolitan Area Solid Waste Agency. That fee was scheduled to increase fifty cents effective July 1St. At its monthly business meeting last night, the Agency's Board of Directors voted unanimously to rescind the scheduled increase, citing the State of Iowa's April 11th notification that it was reducing the State's tonnage tax in recognition of Dubuque and Delaware counties' FY06 35.55% waste diversion (recycling and reuse) rate. Based on 10,950 tons of solid waste anticipated to be collected and transported to the Agency's landfill in FY08, the fifty cent per ton cost savings equals two cents per customer per month. As a result, the FY08 monthly solid waste collection service base fee, previously approved to be $9.91, should now be reduced to $9.89. DISCUSSION Chapter 40 of the Code of Ordinances is entitled "Solid Waste". Section 40-37 is entitled "Charges -Amounts; Exceptions 1 ". Staff recommends revision of paragraphs (a), (b), and (c) of Section 40-37, upon City Council's approval of the proposed $9.89 monthly solid waste collection service base fee for fiscal year 2008. Attached is a copy of Section 40-37 with the proposed deletions noted and the additions underlined. Also attached is a copy of the ordinance as recommended. RECOMMENDATION Staff recommends that this proposed ordinance be approved by the City Manager and City Council. Attachments EFFECT OF AMENDMENT Sec. 40-37. Charges-Amounts; Exceptions1: (a) Class I Premises: Except as qualified below, a fee of nine dollars and eighty-nine +~et~-ene cents ($9.89 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 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 eighty-nine ~e cents ($9.89 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 nine dollars and eighty-nine ~e cents ($9.89 9-~) 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 be effective at the beginning of the next billing period after such fourteen (14) day notice period. ORDINANCE NO. 29-07 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 $Y CITY COUNCIL OF THE CITY Of DUBUQUE,- IOWA: Section 1. Section 40-37, paragraphs (a), (b), and (c) of the Ci#y 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 eighty-nine cents {$9.89) per dwelling unit per month shall be paid to the city ~y the fxoperty 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 aooeptable "recyclable ma#erials" 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 (fi5) 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 eollec#ion charges as the city manager may deem appropriate. In such cases, the city manager shall have the authori#y 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 {8) or more persons has an annual income equal to or less than the income s#andafds Used by H1iD for i#s section eight (8) housing {grogram for t#~e size of #bat f~sehoid may, upon application to the city manager, be exempted #rom one-half {1/2) the established collection charge. After the initial applica#ion, annual applica#ion 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 eighty-nine cen#s ($9.89) 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 hag of "solid was#e" as defined. There is no limit on the number of bins allowed to be collec#ed 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 eighty-nine cents ($9.89) 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 de#ined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable ma#erials" 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 be effec#ive at the beginning of the next billing period after such fourteen {14) day notice period. Section 2. This ordinance shall #ake effect on the 1st day of July, 2007. Passed, approved and adopted this 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl Assistant City Clerk