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4.B.
City Council Combined Special Meeting/Work Session
Meeting Date:
05/31/2016
From:
Patrick Bourque, Public Works Section Director

Information

TITLE:

Public Hearing, Consideration and Possible Adoption of Resolution No. 2016-19 and Ordinance No. 2016-26:  Declaring the "2016 Amendments to City Code Title 7, Health and Sanitation, Chapter 7-04, Municipal Solid Waste Collection Service” a public record and adopting said revisions to Chapter 7-04 "Municipal Solid Waste Collection Service" of the City Code by reference. 

RECOMMENDED ACTION:

1) Adopt Resolution No. 2016-19
2) Read Ordinance No. 2016-26 by title only for the final time
3) City Clerk reads Ordinance No. 2016-26 by title only (if approved above)
4) Adopt Ordinance No. 2016-26

Executive Summary:

A revision to Chapter 7-04 "Municipal Solid Waste Collection Service Ordinance of the City of Flagstaff, Arizona." (amended, Ord. 2007-40, 09/18/2007) of the City Code is brought about by the passage of SB 1079 during the legislative session of 2015, which amended A.R.S. 49-746.  The law was signed into effect by the Governor on April 1, 2015 with an effective date of July 1, 2016.  The legislation created a new class of solid waste collections customer, Multifamily Residential Properties, and directed municipalities to prescribe rules for the delivery of recycling and solid waste management services to Multifamily Residential Properties that promote the availability of these services and competition in the delivery of these services.

Historically, Multifamily Residential Properties have been considered residential properties that were serviced by the City.  The rates for service have been the same as commercial customers because of the type of containers used to service them.  Those rates were established using a flat, across the board calculation for a per yard cost recovery.  Solid Waste performed an evaluation of our routes, comparing the service time of standard commercial accounts to the service time of multifamily residential accounts.  We discovered that, due to the efficiencies created by having multiple containers at one service address, we gain efficiencies in service time for multifamily residential properties, allowing for consideration of a rate structure that better accounts for collection density and waste volume. 

In addition there are a number of proposed general revisions to the Solid Waste Code proposed that will update antiquated language, such as the rate escalator provision, improve and include definitions related to current operations, and include the residential glass collection guidelines, which are currently practiced but not addressed in the current code.

Financial Impact:

Solid Waste’s multifamily residential customers comprise 24 percent of its commercial collection revenue, or an estimated $700,000 per year.  If we lose multifamily residential accounts to competition, we would need to adjust routes, staffing and landfill revenue collection expectations.
 
Solid Waste is recommending that we adjust our rates to allow for this efficiency and to remain competitive.  As we adjust multifamily residential rates to remain competitive with collections, the estimated collection revenue reduction is approximately $66,000/year, if all accounts are retained and no new accounts are obtained.  Competition created by Legislation may also create some account loss.

Under the current collections structure, Multifamily Residential customers comprise 46 percent of its total commercial tonnage taken into the landfill, generating an estimated tipping fee of $560,000 per year.  Losing all multifamily residential collections runs the risk of dropping our waste tonnage collected at the landfill below our break-even tonnage target.

Connection to Council Goal and/or Regional Plan:

Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.

Has There Been Previous Council Decision on This:

The Public Hearing and first read of this Ordinance was held on May 17, 2016.

Options and Alternatives:

Continue to use current Commercial Rate Sheet and working with our existing clients to maintain our collection relationship for Multifamily Residential Properties.

Background/History:

Historically, the City has been responsible for solid waste collection to all residential properties in the city.  On April 1st, 2015 the Governor signed into law legislation amending Arizona Revised Statutes Section 49-746 establishing Multifamily Residential Properties as its own class of customer similar to commercial accounts.  The amendment allows private waste haulers the opportunity to compete for solid waste collection services to Multifamily Residential Properties.  This law goes into effect June 30, 2016.

Here is the complete legislation:

1 Be it enacted by the Legislature of the State of Arizona:

2 Section 1. Section 49-746, Arizona Revised Statutes, is amended to

3 read:

4 49-746. Private enterprise recycling and solid waste

5 management; definitions

6 A. A municipality of this state shall not prohibit or unreasonably

7 restrain a private enterprise from delivering RECYCLING OR SOLID WASTE

8 MANAGEMENT SERVICES TO THE MUNICIPALITY OR TO commercial, or industrial

9 recycling services or commercial or industrial solid waste management

10 services OR MULTIFAMILY RESIDENTIAL PROPERTIES within or to the municipality.

11 B. The municipality shall prescribe rules for the delivery of

12 recycling AND SOLID WASTE MANAGEMENT services and FOR commercial, or

13 industrial solid waste management services AND MULTIFAMILY RESIDENTIAL

14 PROPERTIES that promote availability of these services and promote

15 competition in the delivery of these services.

16 C. FOR THE PURPOSES OF THIS SECTION:

17 1. "DWELLING UNIT" HAS THE SAME MEANING PRESCRIBED IN SECTION 33-1310.

18 2. "MULTIFAMILY RESIDENTIAL PROPERTIES" MEANS ANY REAL PROPERTY THAT

19 HAS ONE OR MORE STRUCTURES AND THAT CONTAINS FIVE OR MORE DWELLING UNITS FOR

20 RENT OR LEASE THAT ARE SUBJECT TO TITLE 33, CHAPTER 10.

21 Sec. 2. Effective date

22 Section 49-746, Arizona Revised Statutes, as amended by this act, is

23 effective from and after December 31, 2015.

Key Considerations:

Key Considerations for Collections:
 
Solid Waste’s multifamily residential customers comprise 24 percent of its commercial collection revenue, or an estimated $700,000 per year.  If we lose multifamily residential accounts to competition, we would need to adjust routes, staffing and landfill revenue collection expectations.

Solid Waste performed an evaluation of our routes.  We compared the service time of standard commercial accounts to the service time of multifamily residential accounts.  We discovered that, due to the efficiencies created by having multiple containers at one service address, the service time for multifamily residential properties is more efficient. 

Solid Waste is recommending that we adjust our rates to allow for this efficiency and to remain competitive.  As we adjust multifamily residential rates to remain competitive with collections, the estimated collection revenue reduction is approximately $66,000/year, if all accounts are retained and no new accounts are obtained.  Competition created by Legislation may also create some account loss.

Key Considerations For Landfill:

Under current collections structure, Multifamily Residential customers comprise 46 percent of its total commercial tonnage taken into the landfill, generating an estimated tipping fee of $560,000 per year.  Losing Multifamily Residential collections runs the risk of dropping the City's daily tonnage below the landfill operation's break-even point.

Expanded Financial Considerations:

While competition in the Multifamily Residential market may result in account loss, in order to remain competitive, the proposed rate structure accounts for efficiencies realized from customers with high volume in a small geographic area.  While revised collection rates may decrease collection revenues, the rate structure may help avoid greater losses from customer loss.
 

Community Involvement:

Inform
 

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