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HomeMy WebLinkAboutMemo - Mail Packet - 03/18/2025 - Memorandum from Jacob Castillo and Emily Wenger re Q1 2025 Update on Proposed Changes to Contracted Residential Waste Collection ProgramEnvironmental Services Department 222 Laporte avenue PO Box 580, Fort Collins, CO,80522 970-221-6600 1 MEMORANDUM Date: March 7, 2025 To: Mayor and Councilmembers Thru: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager From: Jacob Castillo, Chief Sustainability Officer Emily Wenger, Contracting Program Manager, Environmental Services Subject: Q1 2025 Update on Proposed Changes to Contracted Residential Waste Collection Program BOTTOM LINE Staff are recommending minor Code updates to modify the Contracted Residential Waste Collection Program (Sec 12.28-30) and include additional variance and exclusion options that were not originally anticipated. These include: • A remote dumpster variance allowing residents to self-haul trash to a dumpster at a business they own and operate within city limits, • A habitability variance to exempt houses that are uninhabitable for more than 30 days from being required to pay the opt-out fee, and • An option for the City Manager to exclude properties from the program where it is not possible to safely serve the residents. Proposed code updates are scheduled on Consent for the April 1 Council meeting. BACKGROUND The Residential Trash Collection Program began on September 30, 2024. Staff have learned many lessons in the months leading up to program launch and the through the first four and a half months of operation. These lessons come from feedback provided by residents and conversations with partners regarding areas the original program did not fully consider. Specifically, staff identified additional reasons to enable residents to opt-out of the program Docusign Envelope ID: 99A70A92-CA8D-4787-8197-E769853B6F5C 2 without paying the opt-out fee through the variance process or through exclusion from the program. The code updates to address these include: Remote Dumpster Variance • What: This will allow community members who own a business within Fort Collins City limits, pay for commercial dumpster service, and haul their personal trash to that dumpster to receive a variance from the program. • Why: This variance was developed in response to resident feedback that the opt-out fee creates hardship for small business owners who have previously taken residential trash to a dumpster at their small business. • Impact to program participation: The variance only applies to business owners who are responsible for paying for dumpster service at their business and where the business (and dumpster) is in City limits. It is estimated that this variance would impact less than 100 residential units. • Impact to program operations and goals: Residents who receive this variance would have access to single-stream recycling because of the Community Recycling Ordinance but would not have access to curbside yard trimmings service. Habitability Variance • What: This gives property owners the ability to request a temporary variance for properties that are vacant due to habitability restrictions for a minimum of 30 days. • Why: The current code treats vacant residential units the same regardless of habitability, both are subject to the opt-out fee. Based on feedback from residents, staff no longer views this as an appropriate approach. Uninhabitable vacant units cannot be used for their intended purpose – habitation. This can occur for reasons outside the property owner’s control and charging the opt-out fee in these circumstances constitutes a hardship. While habitable vacant units largely occur due to market conditions (e.g., tenant turn-over or lack of demand). These conditions constitute part of the risk associated with property ownership; and therefore, should continue to pay the opt-out fee. Docusign Envelope ID: 99A70A92-CA8D-4787-8197-E769853B6F5C 3 • Impact to program participation: Staff have confirmed one current case where this variance would apply. Impact will be limited by the temporary nature of this proposed variance. • Impact to program operations and goals: This variance will create clarity in operations and offer flexibility within the program to meet the unique needs of residents in this situation. Safety Exclusion Rule • What: This will create an avenue in code granting the City Manager the authority to exclude properties from the program where it is not possible for the Contractor to safely provide curbside or alley service as is required per City code and the Contract. • Why: The City’s contracted hauler has identified a neighborhood it is unable to provide curbside service to due to an unsafe bridge that is privately owned and maintained. • Impact to program participation: There are eight known residences this change would impact. Additional impacts to program participation are expected to be minimal. • Impact to program operations and goals: This will positively impact program operations by creating a pathway for staff to address other unique situations where safety is a concern. NEXT STEPS These code updates will appear On Consent for the April 1st Council meeting. Staff consider these code updates “quick wins” to address immediate needs that do not have a major impact on program operations. Staff have also heard concerns about the program’s impact on small muti-family properties and are considering updates to improve service for these residents. Those updates may have broader implications and will require more research before bringing a proposal to councilmembers. Staff are planning to return to Council with suggested code changes to address this issue and others in Q4 2025. CC: Josh Birks, Deputy Director Sustainability Services Megan DeMasters, Manager, Environmental Services Docusign Envelope ID: 99A70A92-CA8D-4787-8197-E769853B6F5C