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5. Staff Report - Waste Management Update Staff Report Date of Meeting: August 2, 2023 For: Honorable Mayor and Council From: Kyle Morell, City Administrator Subject: Waste and Recycling: Status Report on Negotiations with Waste Management This report aims to update the Council on the negotiations with Waste Management (WM) and recommend the following steps as the city determines how best to provide waste and recycling services to Scandia residents. Background: At the January 4, 2023, meeting, the Council directed staff to pursue an organized collection system for trash and recycling services. Organized collection is an optional use of the city’s authority to choose the waste hauler(s) to serve the community. The price households pay in an organized collection system is generally lower per month for similar service levels than in an open collection system due to increased efficiencies from serving every household in the community or a particular route. At the February 1, 2023, meeting, Council approved a notice entering the City into a required 60-day negotiation period with existing haulers. The notice was published on February 8, 2023, for a negotiation period that ended on April 9, 2023. The Council also appointed a Waste and Recycling Negotiating Committee consisting of Councilmembers Benson and Lubke, along with staff and consultants. The Committee met on February 22, 2023, to discuss what services should be discussed in negotiations with Waste Management (WM), the city’s only current waste and recycling hauler. It also reviewed current waste and recycling contracts from other area communities, the City’s previous contract with SRC for recycling services, and created a detailed list of items to discuss with WM. On March 14, four committee members (Hurlburt, Benson, Fischer & Larson) held the first negotiation meeting with WM representatives Pat Cosgrove, WM Area Public Sector Manager, and Jason Hartman, WM Public Sector Sales Representative. The same group met again on March 28, 2023. Interim Administrator Hurlburt created contract language using the WM contract with the City of Stillwater as a foundation, adding aspects of other organized collection contracts reviewed by the Committee. That contract was reviewed by the Committee and Jason Hartman from WM at our April 18 negotiation meeting. WM returned the proposed Agreement on May 9 with minor changes. The Negotiation Committee reviewed the document over email and offered comments to City Attorney Larson, who made the changes and returned the Agreement to WM. Current Proposal: On Tuesday, May 30, I received a call from WM stating that we have an agreement on an Organized Collection Agreement. The Agreement is seven years, per the requirements of Minnesota Statutes, for trash and recycling for residential service only. The proposal includes rates for the remainder of 2023 (assuming the contract is approved before the end of the year). Rates would be adjusted annually on January 1, as determined by the contract. The inflationary adjustment is written as an annual increase based on the annual water, sewer, and trash inflation number. We have proposed a rolling three-year average, which WM is OK with. The proposed rates are similar to those currently paid by former SRC customers who have their rates with WM protected through September 2023. However, the rates do not include the MN Solid Waste Tax of 9.75% or the county environmental charge, so caution must be taken when comparing rates to current bills. The City has received three written complaints regarding Waste Management’s failure to pick up waste and recycling on their scheduled date and time within the past two weeks. Many more residents have called to log complaints. Discussion: At this moment, there is no follow-up meeting scheduled. Staff met with Washington County on June 14 to discuss our new solid waste ordinance. I have a follow-up meeting with the County and their consultant on Wednesday, August 2, 2023. Once the new ordinance language is ready, it will be brought before Council for review and approval. Attorney Larson recommends that the new ordinance language and the Agreement be presented together for approval. The Agreement is included in the packet for review. Recommendation: The current negotiating period ends on August 7, 2023. Therefore, staff recommends that a 30- day extension be approved, with the option of additional extensions. This will continue until Council approves the Agreement.