Loading...
3 13 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, March 13, 2008 Council met in Special Session at 6:30 P.M. in the Historic Federal Building Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, 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 2009 budget and capital improvement program. Proofs of Publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2009 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2008 through the fiscal year ending June 30, 2013; City Manager’s Revised Fiscal Year 2009 Budget Recommendation; and City Manager’s Recommendation Regarding the Sustainable Community Coordinator Position. Upon motion received and filed. Upon motion the rules were suspended to allow anyone present to address the Council if they so desired. Public input and discussion on departments in the following order: Human Rights – no comments; Finance - no comments; Legal – no comments; City Manager’s Office - no comments; City Council – no comments; City Clerk’s Office - no comments; Health Services Department – no comments; Cable TV Division – no comments; Purchase of Services – no comments; Civic Center Division – no comments; Conference Center – no comments; Recreation Division – no comments; Park Division – no comments; Information Services Department – no comments; Airport Department – no comments; Water Department – no comments; Water Pollution Control Plant – no comments; Public Works Department – no comments; Engineering Department – no comments; Housing and Community Development Department – no comments; Economic Development Department – no comments; Parking Division – no comments; Planning Services Department – no comments; Library Department - 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 – no comments. Transit Division – Ann Michalski, 1520 Altura, questioned why the Transit Division was not included in the “green initiative” and why so much money was spent on Transit with very little th citizen satisfaction. Sarah Davidson, 125 West 9 Street, stated that all of the changes in the last two years have made the system more difficult to use. She stated there are stakeholders in the City that would be willing to talk about alternatives in order to have a viable public transportation system in Dubuque. Upon motion the rules were reinstated limiting discussion to the Council. Voetberg stated that the City needs to take Transit seriously over the next year to develop a plan for the system. He also felt the City did not need to spend taxpayer money on pet parks while increasing property taxes. He questioned the storm water management fee and whether the $7.00 fee was the limit. Van Milligen responded that it was the plan at this time; however, as the debt is paid off it could be lower or if costs increase, it could go higher than $7.00. Jones moved adoption of Resolution No. 84-08 Adopting Annual Budget for the Fiscal Year ending June 30, 2009; Resolution No. 85-08 Adopting Five Year Capital Improvement Program Budget for Fiscal Years 2009 – 2013; Resolution No. 86-08 Adopting the Program Year 2008 (Fiscal Year 2009) Community Development Block Grant (CDBG) Annual Plan; Resolution No. 87-08 Increasing the license fee for each rental unit in a rental dwelling and the license fee for each rental dwelling from $10 to $11; Resolution No. 88-08 Increasing all building permits fees 15%; and to approve the Sustainable Community Coordinator position as recommended. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 84-08 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2009 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, 2009, 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 13 day of March, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk RESOLUTION NO. 85-08 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 2008, and ending June 30, 2013, 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 2009 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, 2008, set out in the Fiscal Year 2009-2013 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. 2 th Passed, approved and adopted this 13 day of March, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 86-08 A RESOLUTION ADOPTING THE FISCAL YEAR 2009 (PROGRAM YEAR 2008) 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 2009 (Program Year 2008) 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 2009 (Program Year 2008) 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; and Whereas, the City Council has held a public hearing on the proposed plan on March 4, 2008 and approved the FY 2009 Annual Action 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 2009 (Program Year 2008) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. Passed, approved and adopted this 13th day of March 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 87-08 RESOLUTION APPROVING AN INCREASE IN THE RENTAL DWELLING LICENSE FEE Whereas, the increased cost of adding a full-time Housing Inspector to the Housing Department's code enforcement activity necessitates an increase in the rental dwelling license fee; and Whereas, an increase in the rental dwelling license fee has been proposed for the Fiscal Year 2009 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the license fee for each rental unit in a rental dwelling be increased from $10.00 to $11.00. Section 2. That the license fee for each rental dwelling be increased from $10.00 to $11.00. Section 3. That this increase become effective upon action taken by the City Council to adopt the Fiscal Year 2009 operating budget, beginning in FY09. Passed, approved and adopted this 13th day of March, 2008. Roy D. Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk 3 RESOLUTION NO. 88-08 RESOLUTION APPROVING AN INCREASE IN BUILDING PERMITS FEES Whereas, due to the loss of licensing revenue and requirement to meet a self-support target for the Building Department code enforcement activity, an increase in the building, mechanical, plumbing and electrical permit fees has been proposed for the Fiscal Year 2009 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the building permit fees for one and two-family dwellings and related projects be established as follows: For projects between $1 and $500: $11.50 For projects between $501 and $2000: $11.50 for the first $500 plus $1.85 per additional $100, For projects between $2001 and $30,000: $39.35 for the first $2000 plus $7.35 per additional $1000, For projects between $30,001 and $50,000: $245.05 for the first $30,000 plus $5.50 per additional $1000, For projects between $50,001 and $100,000: $355.05 for the first $50,000 plus $3.70 per additional $1000, For projects $100,001 and above: $540.05 plus $3.10 for each additional $1000 thereafter. In addition to the building permit fee, plan review fees, when plans are required, shall be assessed at the rate of $45.00 per hour of review time, with a minimum one-hour charge. An issuance fee of $5.00 will also be charged. Section 2. That the building permit fees for all other building projects be established as follows: For projects between $1 and $500: $23.00 For projects between $501 and $2000: $23.00 for the first $500 plus $11.50 per additional $500, For projects between $2001 and $25,000: $57.50 for the first $2000 plus $9.20 per additional $1000, For projects between $25,001 and $50,000: $269.10 for the first $25,000 plus $6.90 per additional $1000, For projects between $50,001 and $100,000: $441.60 for the first $50,000 plus $4.60 per additional $1000, For projects between $100,001 and $500,000: $671.60 plus $37.95 for each additional $10,000, For projects over $500,001: $2189.60 for the first $500,000, plus $31.05 for each additional $10,000 thereafter. In addition to the building permit fee, plan review fees, when plans are required, shall be assessed at the rate of $45.00 per hour of review time, with a minimum one-hour charge. An issuance fee of $5.00 will also be charged. Section 3. That the mechanical permit fees be established as follows: Unit Fee Forced Air System (to include 100,000 BTU) $14.00 Forced Air System (over 100,000 BTU) $17.00 4 Floor Furnace, Wall Heater (including vent) $14.00 Unit Heater, Hanging Heaters $14.00 Appliance vent $12.00 Alteration, addition to any system $14.00 Boilers, Compressors: up to & include 3Hp or 100,000Btu $14.00 >3Hp to 15 Hp, or 100,000 to 500,000Btu $25.00 >15Hp to 30 Hp, or 500,000 to 1,000,000Btu $34.00 >30 Hp to 50Hp, or 1,000,000 to 1,750,000Btu $52.00 >50 Hp, or >1,750,000Btu $86.00 Air Handling Unit (CFM to 10,000) $10.00 Air Handling Unit (CFM >10,000) $17.00 Evaporative cooler (not portable) $10.00 Vent Fan, (single duct exempt in residential) $7.00 Hood w/mechanical exhaust (exempt in residential) $10.00 Commercial or Industrial Incinerator $69.00 Fuel Gas piping (1 to 5 outlets) $12.00 Fuel Gas piping (>5 outlets, $3.00 per outlet) $3.00 Air Condition Unit (Hp each) $14.00 Water Heater (Btu each) $10.00 Woodburning Stove $10.00 Factory Built Fireplace $10.00 Refrigeration Unit (Hp each) $14.00 All other appliances or equipment including Temporary heat $10.00 An issuance fee of $10 will be applied to all permits. Section 4. That the plumbing permit fees be established as follows: Fixture Fee Water Closet (Toilet) $ 7.00 Bathtub $ 7.00 Lavatory (Wash Basin) $ 7.00 Shower $ 7.00 Kitchen Sink $ 7.00 Garbage Disposal $ 7.00 Dishwasher $ 7.00 Laundry Tray $ 7.00 Clothes Washer $ 7.00 Urinal $ 7.00 Drinking Fountain $ 7.00 Service Sink $ 7.00 Shampoo Bowl $ 7.00 Grease Trap $ 7.00 Water Heater $10.00 Gas Piping (1 to 5 outlets) ENTER 1 $12.00 Gas Piping (> 5 outlets, $3.00 per add’l. outlet) $ 3.00 Floor Drain $ 7.00 Roof Drain $10.00 Condensate Drain $10.00 5 Vacuum Breaker $10.00 Backwater Valve $12.00 Backflow Prevention Device $12.00 Waste Interceptor $12.00 Indirect Waste $12.00 Sewage Ejector $12.00 Water Distribution Piping $12.00 Water Treating Equipment $12.00 Water Service (Main to Property line) $12.00 Water Service (Property line to Building) $12.00 Sanitary Service (Main to Property line) $12.00 Sanitary Service (Property line to Building) $12.00 Misc. $12.00 An issuance fee of $10 will be applied to all permits. Section 5. That the electrical permit fees be established as follows: CITY OF DUBUQUE ELECTRICAL PERMIT FEE SCHEDULE Square Footage Fees for New Buildings Sq. Ft. Fee First 25,000 sq. ft. 0.06 Next 49,999 sq. ft. 0.05 New Commercial Office Construction Next 124,999 sq. ft. 0.03 Next 299,999 sq. ft. 0.02 Over 500,000 sq. ft. 0.01 First 25,000 sq. ft. 0.02 Next 49,999 sq. ft. 0.01 New Commercial Industrial Construction Next 124,999 sq. ft. 0.006 Next 299,999 sq. ft. 0.003 Over 500,000 sq. ft. 0.006 New Residential Construction (finished living space) Note: for unfinished spaces or outside see the appropriate unit fees listed 0.05 below Unit Fees for Existing Building Remodels or Additions Unit Fee First Transformer $9 Signs Additional Transformers $5.25 Gasoline Pumps or Dispensers $9.00 Swimming Pool, Spa, Hot Tub, Whirlpool $29.00 Temporary Power & Construction Site Services $17.00 Temporary Lighting Systems $17.00 First 1 thru 20 $0.6 Receptacle, switch and ceiling boxes, and all other enclosures Number Over 20 $0.25 First 1 thru 20 $0.6 Lighting Fixtures Number Over 20 $0.25 Pole or Platform Fixtures $1.15 Theatrical Lighting Fixtures $1.15 0 to 1 $6.00 Residential and Commercial Over 1 to 10 $7.00 Appliances and Power Apparatus Over 10 to 20 $9.00 (rated in) Tons of BTU, or Kilowatts, or Over 20 to 30 $12.00 KVA, or KVAR, or Horsepower Over 30 $12.00 +.25 per total HP 6 Busway ( 100 ft. sections or fraction thereof at) $0.6 per foot 0 to 100 Amps $9.00 101 to 400 Amps $14.00 Main Services and/or Sub Panels 401 to 600 Amps $21.00 601 to 1000 Amps $28.00 Over 1000 Amps or over 600 Volts $43.00 Misc. apparatus, conduit, or conductors not covered elsewhere $17.00 Original Issuance Fee $10.00 Supplemental Issuance Fee $5.00 no original permit can be less than $18.75 no supplemental permit can be less than $13.75 The Investigation (Penalty) Fee, if applicable, is twice the TOTAL Permit Fee Misc. fees that are not covered elsewhere but may be charged For each noncompliance reinspection that is needed$ 35.00 each For construction plan review (minimum of one hour)$ 35.00 per hour Inspections outside normal business hours$ 35.00 per hour Inspection for which no fee is detailed above (presale, demolition, damage, etc)$ 35.00 per hour These fees will become effective upon publication of the resolution. Section 6. That these increases become effective upon [adoption]. Passed, approved and adopted this 13th day of March, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Ordinance No. 15-08 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. 16-08 Amending the City of Dubuque Code of Ordinances Section 44- 202 Fixing water rates for fire sprinkler service; Ordinance No. 17-08 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 No. 18-08 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; Ordinance No. 19-08 Amending the City of Dubuque Code of Ordinances Section 40-37 paragraph (d) establishing charges for the collection and disposal of solid waste materials related to the pilot solid waste cart project area within the boundaries of Washington Street Neighborhood Association with setouts in the alleys; Ordinance No. 20-08 Amending the City of Dubuque Code of Ordinances Section 40-39 by amending paragraph (e) establishing charges for the collection and disposal of food scraps and other household compostable materials with yard waste materials; and Ordinance No. 21-08 Amending the City of Dubuque Code of Ordinances Section 44-274(d) SFU Rate, Charges; Utility Revenues for the Stormwater Utility, presented and read. Connors 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 Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinances. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-08 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE 7 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 CURRENTCHARGES Up to 200 $12.32 (minimum monthly charge) 200 – 300 $14.79 300 – 400 $17.24 400 – 600 $19.70 600 – 800 $22.16 800 – 1,000 $24.64 1,000 – 1,200 $27.10 1,200 – 1,400 $29.54 1,400 – 1,600 $32.02 1,600 – 1,800 $34.49 1,800 – 2,000 $36.93 2,000 – 2,200 $39.40 2,200 – 2,400 $41.85 2,400 – 2,600 $44.33 2,600 – 2,800 $46.79 2,800 – 3,000 $49.31 3,000 – 3,500 $51.71 Over 3,500 (for each additional $2.47 500 heads or fraction thereof Section 2. This Ordinance shall take effect July 1, 2008. Passed, approved and adopted this 13th day of March, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 16-08 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 Charge per 8 Hundreds of Cubic Feet) Hundred Cubic Feet First 30 $2.06 Next 120 $1.68 Next 350 $1.56 Next 500 $1.38 Next 1,000 $1.21 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Monthly Consumption Meter Size (In Hundreds of Cubic Minimum Charge Inches Feet) 5/82$ 4.12 3/4 5 $ 10.30 1 8 $ 16.48 1 1/2 26 $ 53.56 2 46 $ 88.68 3 106 $ 189.48 4 168 $ 291.48 6 368 $ 603.48 8 625 $ 981.90 A $5.00 minimum monthly charge will be assessed for meters not in service. Section 2. This Ordinance will take effect July 1, 2008. Passed, approved and adopted this 13th day of March, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 17-08 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: $2.26 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) 9 5/8 $ 4.52 200 3/4 $ 11.28 500 1 or larger $ 18.06 800 Section 3. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 13 day of March 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 18-08 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 ten dollars and thirty-five cents ($10.35) 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, 10 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 ten dollars and thirty-five cents ($10.35) 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 ten dollars and thirty-five cents ($10.35) 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. Section 2. This ordinance shall take effect on the 1st day of July, 2008. Passed, approved and adopted this 13th day of March, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 19-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS RELATED TO THE PILOT SOLID WASTE PILOT CART PROJECT WITHIN THE BOUNDARIES OF THE WASHINGTON STREET NEIGHBORHOOD ASSOCIATION WITH SETOUTS IN THE ALLEYS. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37 of the City of Dubuque Code of Ordinances is hereby amended by adding Section 40-37, paragraph (d) (9) to read as follows: Sec. 40-37. Charges-Amounts; Exceptions: (d) Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: (9) In a pilot project area within the boundaries of the Washington Street Neighborhood Association, solid waste carts, owned by the city for semi-automated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved setout location is in an alley. The customer shall choose the number and size of 11 the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. Section 2. This ordinance shall take effect on the 1st day of July, 2008. Passed, approved and adopted this 13th day of March, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 20-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39 BY AMENDING PARAGRAPH (e), ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF FOOD SCRAPS AND OTHER HOUSEHOLD COMPOSTABLE MATERIALS WITH YARD WASTE MATERIALS. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-39 (e) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-39. Yard Waste and Food Scraps: (e) 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 from April through November. (2) Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. (3) 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. Section 2. This ordinance shall take effect on the 7th day of April, 2008. Passed, approved and adopted this 13th day of March, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 21-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-274(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 44-274(d) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2008 through June 30, 2009 the SFU rate shall be $4.00 per SFU; 12 (2) For the period July 1, 2009 through June 30, 2010 the SFU rate shall be $5.00 per SFU; (3) For the period July 1, 2010 through June 30, 2011 the SFU rate shall be $5.50 per SFU; (4) For the period July 1, 2011 through June 30, 2012 the SFU rate shall be $6.35 per SFU. (5) For the period July 1, 2012 through June 30, 2033 the SFU rate shall be $7.00 per SFU. th Passed, approved and adopted this 13 day of March, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008. /s/Jeanne F. Schneider, CMC, City Clerk There being no further business, upon motion meeting adjourned at 7:13 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 13