2023-85 Ordinance Amending City Code Chapter 56 Refuse and Recyclables Removal

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Legal Department DATE: 11/30/2023 MEMO: TO: Mayor Julie Moore Wolfe&Decatur City Council Members FROM: Scot Wrighton,City Manager SUBJECT: Revisions to Garbage&Recycling Ordinance(Chapter 56) SUMMARY RECOMMENDATION: It is recommended that the proposed ordinance be adopted,along with the new rates, which are an appendix to the ordinance. Packet materials include a strike-out/cross-out copy to highlight changes,and a clean copy without strike-outs and cross-outs(this version does not include all sections where NO CHANGES are proposed. BACKGROUND: The proposed ordinance updates rules governing garbage and recycling collection,handling of yard wastes and bulky items,and makes several other changes.Local haulers were last allowed by the city to make rate changes in July 2021. Since then,the monthly base rate has remained unchanged. The monthly base rate beginning in 2024 will go from$19/month to$23.50/month; but the new ordinance does away with all cart rental fees,and many other miscellaneous fees heretofore charged by local haulers. As a result,the majority of residential customers covered by the new ordinance we will see no increase in the first scheduled incremental increase(some may see a small decrease). Although there are numerous small changes proposed to Chapter 56,there are 3 major non-rate changes: 1.All covered residential customers must use a 64 or 96 gallon,wheeled tote for garbage collection,and a separate 64 or 96 gallon wheeled tote for recycling.Private haulers will be required to provide carts meeting the ordinance's requirements to customers for no additional charge above the base rate.The city will no longer provide recycling carts,as they will be provided instead by the appropriate hauler. Carts/containers provided by the haulers in this way will remain the property of the hauler. Customers who purchased their own carts can continue to use them if they meet the specifications for automated collection. Alternatively,they can use them for yard waste or some other purpose and ask for a new cart from their assigned hauler. 2.With some exceptions,most alley pick-ups will be eliminated.Alley collection damages alley surfaces,and it usually can only be performed with rear-loading trucks,and not those picking up with mechanical arms. There are approximately 1300 alley collected customers(about 6%of the total customer base). The transition from alley to street collection will be phased-in over a 3 to 4 month period. Haulers,and not the city,will be empowered to determine if terrain,grade,obstructions or other unique on-site conditions warrant the continuation of alley service.Hauler will also handle advance notice to alley customers;but the city will assist in the public information effort. 3. Customers who want premium yard waste services (beyond the yard waste services provided under"basic services")will be free to seek-out additional services from the hauler of their choice. Each hauler will be required to post with the city(every January 1 st)their rates for premium service. "Basic Service"will include once weekly garbage collection,once weekly recycling collection and disposal,and unlimited yard waste removal for 6 weeks in the Spring and 6 weeks in the Fall,at times set by the city(since climate changes can influence the "best" six weeks for Spring and Fall yard waste collection. In the past,these 6-week periods started on April 1 and November 1. "Basic Service" also includes 5 separate bulky waste collections at curb side each year,and each collection event can have up to 5 bulky items. The proposed ordinance includes many new provisions intended to eliminate ambiguous language from the past and provide other customer protections: 1.Additional miscellaneous charges are not allowed with council's approval 2.Hardship locations are expanded to include recycling,and not just garbage collection. 3.Promulgated rules will require that if a customer misses an entire weekly collection cycle,the hauler must credit their bill for 50%of a month's rate.