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3 12 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 12, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; 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 HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. Maquoketa Valley Electric Cooperative Franchise Agreement: Proof of publication on notice of public hearing to consider Amending City of Dubuque Code of Ordinances Sec. 11-5B- 23: Franchise Fee by increasing the franchise fee to 5% of the gross reve- nue generated from the sale of electricity within the city by Maquoketa Valley Electric Cooperative effective June 1, 2015 and the City Attorney recommending approval. Mo- tion by Lynch to receive and file the documents and that the requirement that a pro- posed 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 Connors. Motion carried 6-1 with Resnick voting nay. Motion by Lynch for final consideration and passage of Ordinance No. 13-15 Amend- ing City of Dubuque Code of Ordinances Sec. 11-5B-23: Franchise Fee, Which Im- posed a Franchise Fee of Three Percent (3%) on the Gross Revenue Generated from the Distribution and Sale of Electricity Within the City of Dubuque by Maquoketa Valley Electric Cooperative, by increasing such fee to five percent (5%). Seconded by Jones. Motion carried 6-1 with Resnick voting nay. ORDINANCE NO. 13-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SEC. 11-5B-23: FRAN- CHISE FEE, WHICH IMPOSED A FRANCHISE FEE OF THREE PERCENT (3%) ON THE GROSS REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY MAQUOKETA VALLEY ELEC- TRIC COOPERATIVE, BY INCREASING SUCH FEE TO FIVE PERCENT (5%) Whereas, City of Dubuque Ordinance No. 20-04 (City of Dubuque Code of Ordinanc- es Title 11, Chapter 5B), adopted by the City Council on the 5th day of April, 2004, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinaf- ter referred to collectively as the Company), nonexclusive authority through October 3, 2018, to maintain and operate its electrical system within the limits of the city of Dubu- que; and Whereas, City of Dubuque Code of Ordinances §11-5B-23 imposed a franchise fee equal to three percent (3%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase such franchise fee to five percent (5%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances § 11-5B-23 is hereby amended to read as follows: 11-5B-23: FRANCHISE FEE Effective June 1, 2015, and for the term of the franchise, the company shall pay to the city a fee equal to five percent (5%) of the gross revenue generated from the sale of electricity within the city. The city shall provide the company with a map depicting its current corporate boundaries and shall notify the company of any changes to the same. The company shall on the fifteenth day of each month, commencing May 15, 2004, provide to the city manager in a form acceptable to the company and the city manager records establishing the gross revenues from the sale of electricity by the company within the city of Dubuque for the preceding month and shall pay the fee to the city with- in thirty (30) days following the last day of the preceding month. Effective July 1, 2013, the fee imposed by section 23 of ordinance 20-04, as amend- ed by ordinance 9-10, shall not apply to any sale of electricity by the company that is exempt under Iowa Code section 423.3 from the tax imposed by Iowa Code section 423.2 and in computing the amount of the fee, the company shall not include such sales, unless it is impracticable to do so, in which event the city manager shall provide a rebate of the amount of the fee for such exempt sales of electricity to company's cus- tomers provided a written request is submitted by a customer to the city manager in the city's fiscal year (July 1 - June 30) in which the customer pays such fees. Any rebate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such re- bate shall not be honored or paid by the city. The city council reserves the right by amendment to this article to increase or de- crease the amount of such franchise fee as it determines to be in the public interest. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted the 16th day of March, 2015. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk 2. City of Dubuque Fiscal Year 2016 Recommended Budget: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2016 Recommended Operating Budget and Capital Improvement Program (July 1, 2016 through June 30, 2020) and the City Manager recommending approval. Correspondence from the Long Range Planning Advisory Commission recommending approval of the Fiscal Year 2016- 2020 Capital Improvement Program advising that it is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Jones to receive and file the documents and adopt Resolution No.73-15 Adopting the City of Dubuque Fiscal Year 2016 Annual Budget and Resolution No. 74-15 Adopting the City of Dubuque Five -Year Capital Improvement Program. Seconded by Braig. City Manager presented information on the City Council's goals and priorities, Dubuque's economic history, Dubuque's ranking among Iowa's 10 largest cities, outcomes in terms of job growth, wages and income, utility user fees and rates, city portion of property taxes, and landlord inspection fees. Mayor Buol called for public input on City departmental budgets in the following order: Housing/Community Development, Purchases of Service, Library, Emergency Services, Emergency Com- munications, Economic Development, City Manager's Office, City Council, City Clerk's Office, Cable TV Division, Information Services, Planning Services, Finance Depart- ment, Human Rights Department, Airport, City Attorney's Office, Transit Division, Park- ing Division, Park Division, Recreation Division, Five Flags Center, Conference Cen- ter/CRG, Building Services, Health Services, Police Department, Fire Department, Wa- ter Department, Water & Resource Recovery Center, Public Works, Engineering De- partment, Capital Improvement Program. Public Input: Jerry Maro President Dubuque Area Landlord Association, 10366 Timo- thy St. spoke regarding the increase in inspection fees. Ann Smith, 418 Kaufmann Ave. spoke regarding the rental fees for landlords who rent to family members. Alex Wehrspann, 1388 Thomas PI. spoke regarding the increase in fees. Helene Magee, 611 South Grandview spoke regarding gambling revenues. Council Member discussion occurred. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 73-15 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2016 ANNUAL BUDGET AS AMENDED 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, 2016, 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, ap- proved and adopted this 12th day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 74-15 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PRO- GRAM Whereas, a recommended five year Capital Improvement Program for the period be- ginning July 1, 2015, and ending June 30, 2020, for the City of Dubuque has been pre- pared and submitted to the City Council; and Whereas, the five year Capital Improvement Program describes specific capital im- provement 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 under- taken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2016 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, 2015, set out in the Fiscal Year 2016-2020 Recommended Capital Improvement Budget as amended, 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. Passed, approved and adopted this 12th day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Code of Ordinances Amendment - Interstate Power and Light Company: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance 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 6- 1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 14-15 Amend- ing and Restating Ordinance No. 58-03 Establishing a Franchise Fee on the Gross Revenue of Interstate Power Company, Its Successors and Assigns, Generated From the Sale of Electricity within the City of Dubuque by Increasing the Franchise Fee to 5%. Seconded by Braig. Motion carried 6-1 with Resnick voting nay. ORDINANCE NO. 14-15 AMENDING AND RESTATING ORDINANCE NO. 58-03 ESTABLISING A FRAN- CHISE FEE ON THE GROSS REVENUE OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY INCREASING THE FRANCHISE FEE TO 5% Whereas, Ordinance No, 58-03, as amended by Ordinance No's. 75-03, 7-10, and 6- 14 established a franchise fee of 3% on the gross revenue of Interstate Power Compa- ny, its successors and assigns, generated from the sale of electricity in the City of Dubuque; and Whereas, Interstate Power and Light Company (the Company) is a successor to In- terstate Power Company; and Whereas, Ordinance No. 01-15 authorizes the City Council to impose a franchise fee up to the amount allowed by Iowa law upon such gross revenue; and Whereas, the City Council finds it is in the best interests of the City of Dubuque to impose a franchisee fee of 5%. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ordinance No. 58-03, as amended by Ordinance No's. 75-03, 7-10, and 6-14 is amended and restated as follows: Section 1. Effective June 1, 2015, and for the term of the franchise granted by Ordi- nance No. 1-15, there is hereby imposed upon the Company a fee equal to five percent (5%) of the gross revenue generated from the sale of electricity within the City of Dubu- que. Section 2.The Company shall on the fifteenth day of each month, commencing No- vember 15, 2003, provide to the City Manager in a form acceptable to the City Manager records establishing the gross revenues from the sale of electricity by the Company within the City of Dubuque for the preceding month and shall pay the fee to the City within thirty (30) days following the last day of the preceding month. Section 3. (1) Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 58- 03, as amended by Ordinance No. 7-10, shall not apply to any sale of electricity by the Com- pany that is exempt under Iowa Code Section 423.3 from the tax imposed by Iowa Code Section 423.2 and in computing the amount of the fee, the Company shall not include such sales, unless it is impracticable to so, in which event the City Manager shall pro- vide a rebate of the amount of the fee for such exempt sales of electricity to Company's customers provided a written request is submitted by a customer to the City Manager in the City's fiscal year (July 1 — June 30) in which the customer pays such fees. (2) Any rebate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. This ordinance takes effect upon publication. Passed, approved and adopted the 12th day of March, 2015. s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk 2. Code of Ordinances Amendment - Black Hills Energy: Motion by Connors to re- ceive 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 Jones. Motion carried 6-1 with Resnick voting nay. Motion by Connors for final consideration and passage of Ordinance No. 15-15 Amending and Restating Ordinance No. 59-03, as Amended by Ordinance Nos. 76-03, 8-10, 7-14 Establishing a Franchise Fee of 3% of the Gross Revenue of Peoples Natu- ral Gas Company, its Successors and Assigns, Generated from the Distribution and Sale of Natural Gas or Mixed Gas Within the City of Dubuque by increasing the fran- chise fee to 5%. Seconded by Braig. Motion carried 6-1 with Resnick voting nay. ORDINANCE NO. 15-15 AMENDING AND RESTATING ORDINANCE NO. 59-03, AS AMENDED BY ORDI- NANCE NOS. 76-03, 8-10, 7-14 ESTABLISHING A FRANCHISE FEE OF 3% OF THE GROSS REVENUE OF PEOPLES NATURAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE DISTRIBUTION AND SALE OF NATURAL GAS OR MIXED GAS WITHIN THE CITY OF DUBUQUE BY INCREASING THE FRANCHISE FEE TO 5% Whereas, Ordinance No. 59-03, as amended by Ordinance Nos. 76-03, 8-10, and 7- 14, established a franchise fee of 3% of the gross revenue of Peoples Natural Gas Company, its successors and assigns, generated from the sale of natural gas and mixed gas within the City of Dubuque; and Whereas, Black HiIls/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy (the Company) is a successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 02-15 authorizes the City Council to impose a franchise fee not to exceed 5% on the gross revenue of the Company generated from the sale of nat- ural and mixed gas within the City; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to impose a franchise fee of 5%. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ordinance No. 59-03, as amended by Ordinance Nos. 76-03, 8-10, and 7-14 is amended and restated as follows: Section 1. Effective June 1, 2015, and for the term of the franchise granted to the Company, there is hereby imposed upon the Company a fee equal to five percent (5%) of the gross revenue generated from the sale, distribution, or transportation of natural and mixed gas of Company within the City of Dubuque. Section 2. Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 59- 03, as amended by Section 1 of Ordinance No. 76-03 and Section 1 of Ordinance No. 8-10, shall not apply to any sale, distribution, or transportation of natural and mixed gas by the Company that is exempt under Iowa Code Sec. 423.3 from the tax imposed by Iowa Code Sec. 423.2 and in computing the amount of the fee, the Company shall not include such sales, distribution, or transportation unless it is impracticable to so, in which event the City Manager shall provide a rebate of the amount of the fee for such exempt sales of natural and mixed gas to Company's customers provided a written re- quest is submitted by a customer to the City Manager in the City's fiscal year (July 1 — June 30) in which the customer pays such fees. This ordinance takes effect upon publication. Passed, approved and adopted the 12th day of March, 2015. s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk 3. Five Year Street Construction Program 2016 — 2020: Motion by Braig to receive and file the documents and adopt Resolution No. 75-15 Adopting the Five -Year Street Construction Program for fiscal years 2016 — 2020 Seconded by Resnick. Motion car- ried 7-0. RESOLUTION NO. 75-15 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2016 - 2020 Whereas, a recommended Five -Year Street Construction Program for the Fiscal Year 2016 - 2020 beginning July 1, 2015 and ending June 30, 2020, 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 2016 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 2016 — 2020 beginning July 1, 2015, set out in the Fiscal Years 2016 — 2020 recommended Capital Improvement Budget, is hereby approved and adopted as the proposed alloca- tion of City resources for capital improvements as scheduled in the years shown, sub- ject to annual review and revision. Passed, adopted and approved this 12th day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant. City Clerk 4. Code of Ordinances Amendment - Title 13 Sewer Rates for Residential and Com- mercial Users: Motion by Jones to receive and file the documents and that the require- ment 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 Jones for final consideration and passage of Ordinance No. 16-15 Amend- ing 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 Braig. Motion carried 7-0. ORDINANCE NO. 16-15 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 amend- ed to read as follows: Section 13 -2C -3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet .....$4.61 Rate per each gallon. . $ .00616 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 $ 9.22 200 1,496 3/4 $ 23.04 500 3,740 1 or larger $ 36.86 800 5,984 Section 3. This Ordinance shall take effect July 1, 2015. Passed, approved and adopted this 12th day of March, 2015. s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk 5. Code of Ordinances Amendment - Title 13 Solid Waste Rates and Charges: Mo- tion by Connors to receive and file the documents and that the requirement that a pro- posed 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 Lynch for final consideration and passage of Ordinance No. 17-15 Amend- ing 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 Estab- lished; Exceptions. Seconded by Braig. Motion carried 7-0. ORDINANCE NO. 17-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTIL- ITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEP- TIONS 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 thirteen dollars and ninety cents ($13.90) per dwelling unit per month shall be paid to the city by the proper- ty 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. Ex- ceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not Tess 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 Tess 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 (1/2) 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 au- thorized and empowered to, make adjustments in the monthly collection charg- es 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 Tess than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon applica- tion to the city manager, be exempted from one-half (1/2) the established col- lection 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 eligi- bility. B. Class 11 Premises: 1. A fee of thirteen dollars and ninety cents ($13.90) per month shall be paid to the city by the property owner of each class 11 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 de- fined. 2. The owner of a class 11 premises served by the city solid waste collection may provide the city manager with not Tess 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 peri- od. C. Class III Premises: 1. A fee of thirteen dollars and ninety cents ($13.90) 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 de- fined. 2. The owner of a class III premises served by city solid waste collection may pro- vide the city manager with not less than fourteen (14) days' written notice of in- tent 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 peri- od. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, !land 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 sub- scribed by owners and/or property managers of class!, 11 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 and 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 11 or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste con- tainers 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. 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 1, 11, 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 ap- proved 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 and 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. Section 2. This Ordinance shall take effect on the 1st day of July, 2015. Passed, approved and adopted this 12th day of March, 2015. s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk 6. Code of Ordinances Amendment - Title 13 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 Jones. Mo- tion carried 6-1 with Resnick voting nay. Motion by Connors for final consideration and passage of Ordinance No.18-15 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Wa- ter Use and Services, Article C Rates, Section 13-1 C -1(A) Establishing Water Rates for Residential, Commercial, Industrial, and All Other Uses and Ordinance No.19-15 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 6-1 with Resnick voting nay. ORDINANCE NO. 18-15 AMENDING 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) ESTABLISHING WATER RATES FOR RESIDENTIAL, COMMERCIAL, IN- DUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1 C -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, 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 fol- lows: Monthly Consumption Charge per (in Hundreds of Cubic Hundred Cubic Feet) Feet First 30 $3.36 Next 120 $2.74 Next 350 $2.53 Next 500 $2.24 Next 1,000 $1.99 Monthly Consumption Charge per (in Gallons) Gallon First 22,440 $0.00447 Next 89,760 $0.00365 Next 261,800 $0.00340 Next 374,000 $0.00301 Next 748,000 $0.00264 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 $6.69 3/4 5 3,740 $16.72 1 8 5,984 $26.75 1 1/2 26 19,448 $86.93 2 46 34,408 $143.99 3 106 79,288 $307.80 4 168 125,664 $473.71 6 368 275,264 $982.35 8 625 467,500 $1,599.49 A property owner shall pay a $50.00 disconnect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to dis- connection 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 $5.50 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2015. Passed, approved and adopted this 12th day of March, 2015. s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk 7. Rental Property Licensing and Role Inspection Program: Motion by Jones to re- ceive and file the documents and adopt Resolution No.76-15 Approving the Increase in the Structure Fee for the Rental Licensing and Role Inspection Program. Seconded by Connors. Motion carried 4-3 with Resnick, Lynch and Braig voting nay. RESOLUTION NO. 76-15 APPROVING THE INCREASE IN THE STRUCTURE FEE FOR THE RENTAL LI- CENSING AND ROLE INSPECTION PROGRAM Whereas, the Housing and Community Development Department is requesting an in- crease in the structure licensing and rental fees in order to self- sustain the General Housing Code Enforcement Department; and Whereas, the effective date of licensing fees is January 1st 2016 and the effective date of rental inspection fees is April 6th 2015; and Whereas, the following increase in the licensing and rental fees are hereby proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the license fee for structure be increased from $12 to $25; Dwelling unit be increased from $12 to $20; Rooming unit be increased from $3 to $10; Section 2. That the penalty fees be as follows: late payment penalty fee be increased from 10% to $25; a. The No show fee (CGI) would remain the same; b. The Re -inspection fee for 3rd and subsequent re -inspections be decrease from $25 to $40; c. The Re -inspections fee for 2nd and subsequent re- inspections be increased from zero to $70; d. Addition room re -inspection fee for 3rd and subsequent re- inspections be de- creased from $5 to zero; e. Confirmed complaint inspection with penalty to $85. Section 3. That new dwelling unit inspection fee will now be $70 at the time of inspec- tion; new rooming unit inspection fee will now be $40 at the time of inspection. Section 4. Adoption of this Certificate of Structural Compliance, (CSC) inspection for new rental property inspection during which additional documentation and inspection work is completed including sketch of basic floor plans to be maintained the property record establish record of all habitable space establish maximum occupancy at the suc- cesses successfully passing CSE inspection a certificate of structural component to be issued. CSCs are transferable to new owners. Section 5. Adoption of the dwelling unit inspection fee which is charged in accord- ance with inspection and only in use when inspected. This fee is waived if this unit has been inspected by the City of Dubuque's Housing Inspectors in the past two years for housing choice voucher section 8 participation. Section 6. Adoption of the rooming unit inspection fee which is charged similar to the dwelling inspection fee. Section 7. Adoption of the confirmed complaint inspection fee which is charged only in cases when the following has occurred, one the tenant has provided written proof of maintenance request to property owner and or registered agent, two, tenet has allowed acceptable time for the property owner agent to make necessary repairs and three, city inspector has verified to the complaint has not been repaired and is a housing code vio- lations. Section. 8. This resolution requires that all penalty fees charged are subject to ap- pealed through the Housing Code Board of Appeals. Passed, approved and adopted this 12th day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Code of Ordinances Amendment - Title 9 Motor Vehicles and Traffic — Parking: Motion by Jones to receive and file the documents and that the requirement that a pro- posed 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 Jones for final consideration and passage of Ordinance No. 20-15 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 1 Generally, Section 9-14-321.621 Parking Violations; Fines; Division 2 Municipal Parking Ramps, Section 9- 14-321.636 Parking Time Restricted; Reserved Spaces; Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters; Time and Fee Schedule for Specific Lots; Division 4 Parking Meters, Section 9-14-321.667 Fee Schedule by Setting the Parking Rates for Meters, Lots, and Ramps; and Division 6 Parking Spaces for the Disabled, Section 9-14- 321.704 Disability Signs Required Se- conded by Connors. Motion carried 7-0. ORDINANCE NO. 20 15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 1 GENERALLY, SECTION 9-14-321.621 PARKING VIOLATIONS; FINES; DIVISION 2 MUNICIPAL PARKING RAMPS, SECTION 9-14-321.636 PARKING TIME RESTRICTED; RESERVED SPAC- ES; DIVISION 3 MUNICIPAL PARKING LOTS, SECTION 9-14-321.645 METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS; DIVISION 4 PARKING METERS, SECTION 9-14-321.667 FEE SCHEDULE BY SETTING THE PARKING RATES FOR METERS, LOTS, AND RAMPS; AND DIVISION 6 PARKING SPACES FOR THE DIS- ABLED, SECTION 9-14-321.704 DISABILITY SIGNS REQUIRED BY ADJUSTING THE FINE TO $200.00 TO COINCIDE WITH STATE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.621 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.621: PARKING VIOLATIONS; FINES: A. The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles, shall pay to the city treasurer as a penalty for such violation the following sum: 1. Except as provided in subsection A2, A3, A4, A5, or A6 of this section, any vio- lation of this chapter, an initial fine of fifteen dollars ($15.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twenty dollars ($20.00). 2. Disabled parking violations, a fine of two hundred dollars ($200.00). 3. Expired parking meter violations, an initial fine of ten dollars ($10.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be fifteen dollars ($15.00). 4. Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00). 5. Parking within five feet (5') on any side of the point on the curb nearest to a fire hydrant, a fine of fifty dollars ($50.00). 6. Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be thirty five dollars ($35.00). The first snow route restriction violation of each winter season for a vehi- cle shall be voided if the owner of the vehicle registers their contact information with the police department. B. Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date of the postmark on the envelope thereof. C. For purposes of this section, a ticket shall become delinquent if not paid within seven (7) calendar days from the date of issuance. D. For purposes of this section, the city manager may waive a parking violation fine for emergency responders including, but not limited to, firefighters, law enforcement officers, emergency medical service personnel, emergency communications person- nel, auxiliary police, and other personnel having emergency response duties for a violation received during an emergency response event or service to the city. Section 2. Section 9-14-321.636 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.636: PARKING TIME RESTRICTED; RESERVED SPACES: Use of the municipal parking ramps shall be limited to the parking and storage of mo- tor vehicles for a period not to exceed the maximum of twenty four (24) hours in a single parking period, except that the city manager may reserve certain parking spaces therein to tenants upon a month to month basis upon payment in advance of the monthly rental charge. For a fee of eight dollars ($8.00) per twenty four (24) hour day, paid in advance, and the time period not to exceed one hundred twenty (120) hours or five (5) days, the city manager may authorize overnight storage of motor vehicles. Arrangements shall be made in advance for such overnight storage of motor vehicles in the municipal parking ramps. Section 3. Section 9-14-321.645 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS: A. Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the non -metered parking lots, parking spaces shall be reserved in accordance with the following schedules: 1. On parking lots no. 2, 3, 5, 6, 7, 9, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particu- lar United States coin deposit after meter has been placed in operation. The max- imum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. 2. On parking lot no. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the city for assignment by the city manager for purposes of carrying out the business of city government. 3. On parking lot no. 10, reserved parking for non -metered spaces shall be be- tween the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, exclud- ing Saturdays, Sundays, and holidays, at a monthly rate of fifty two dollars ($52.00), payable each month. 4. On parking lot no. 12, reserved parking for non -metered spaces shall be be- tween the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, exclud- ing Saturdays, Sundays, and holidays, at a monthly rate of forty dollars ($40.00), payable each month. 5. On parking lots no. 2 and 4, reserved parking for each space for which parking meters have not been installed shall be rented through an agreement approved by the city council. Reserved parking for non -metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Satur- days, Sundays, and holidays, at a monthly rate of forty two dollars ($42.00), paya- ble each month. 6. On parking lot no. 3 and the federal building parking lot, reserved parking for non -metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a month- ly rate of forty seven dollars ($47.00), payable each month. B. Notice of such restrictions, as provided for in this section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either per- sonally or by the attaching of such notice to said vehicle if said vehicle is parked in violation of this section shall, when such notice is served upon such owner or opera- tor or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of fifteen dollars ($15.00) and after thirty (30) days a sum of twenty dollars ($20.00). Section 4. Section 9-14-321.667 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.667: FEE SCHEDULE: Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coins in accordance with the following schedule: A. One hour parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of sixty (60) minutes at any one time. B. Two (2) hour parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of one hundred twenty (120) minutes at any one time. C. Four (4) hour parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of four (4) hours at any one time. D. Ten (10) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of ten (10) hours at any one time. E. Twenty (20) minute parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of twenty (20) minutes at any one time. F. Forty (40) minute parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of forty (40) minutes at any one time. Section 5. Section 9-14-321.704 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.704: DISABILITY SIGNS REQUIRED: A. Parking spaces designated as special parking places for disabled persons shall be identified with the disability parking sign on a vertical post bearing the international symbol of accessibility; the fine is two hundred dollars ($200.00) for improper use. B. Any person who owns or leases rental property in the city and is required to pro- vide disabled parking by the Iowa Code shall identify each parking space with a disa- bility parking sign bearing the international symbol of accessibility; the fine is two hundred dollars ($200.00) for improper use. Section 6. This Ordinance takes effect July 1, 2015. Passed, approved, and adopted the 12th day of March, 2015. s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015. Attest: /s/Trish L. Gleason, Assistant City Clerk COUNCIL MEMBER REPORTS Mayor Buol thanked city staff for all their hard work during the last year and thanked the citizens for all their input during the budget process as well as thought the year and encouraged the continuation of communication between the citizens of Dubuque and the City Council. There being no further business, upon motion the City Council adjourned at 7:47 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk