HomeMy WebLinkAboutA028 - Ordinance amending Chapter 10 of Municipal Code Residential Curbside Recycling Program to all for Limited Alley Opt-outITEM #:28
DATE:10-27-26
DEPT:PW
SUBJECT:ORDINANCE ALLOWING CERTAIN ALLEY-ADJACENT CUSTOMERS TO
OPT OUT OF CURBSIDE RECYCLING PROGRAM
COUNCIL ACTION FORM
BACKGROUND:
At its October 13, 2026, meeting, the City Council was presented with a report following up
regarding the criteria to allow for certain alley-adjacent customers to opt out of the residential
curbside recycling program. The City Council directed staff to prepare an ordinance that would
allow for customers to opt out of the program and its associated fee if all the following criteria
were met:
1. The property must abut an alley,
2. The property must not have a primary driveway access that goes to a street frontage
("primary" means the only driveway if only one driveway exists, or the driveway
connecting to the garage if more than one exists), and
3. The property must not be receiving recycling collection service in an alley.
There are a handful of affected properties that have driveways both on the street-side and the
alley-side. Adding the concept of a primary driveway (one that leads to a garage or generally
serves as the location where vehicles are parked) allows each property to be evaluated based
on how it is currently utilized rather than on access scenarios that may not reflect the practical
use of the property.
The addition of clarifying that the property must not be receiving recycling collection service in
an alley is intended for those alley customers where Aspen has agreed to collect recycling in
the alley with their Automated Side Loading equipment. Those properties would not be eligible
to opt-out of the monthly fee.
The use of these three criteria results in as many as 333 of the 913 alley-block
properties becoming eligible for the opt-out. This aligns with the proportion of
properties that staff had originally envisioned would be eligible for opt-out.
Staff has prepared an ordinance that enacts these opt-out criteria. In the interest of
allowing the opt-out provisions to take effect more quickly to bring to a close this issue
which has been pending for the past several weeks, staff is requesting that the City
Council consider suspending the rules in order to approve the ordinance on all three
readings and adopt it.
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ALTERNATIVES:
1. Approve the attached ordinance allowing recycling opt-out if a property: a) abuts an
alley, b) does not have a primary driveway access that goes to a street frontage, and 3)
is not receiving recycling collection service in the alley and suspend the rules and allow
for second and third reading and adoption.
2. Direct staff to modify the criteria in the draft ordinance.
3. Do not approve the attached ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
After completing a detailed property-by-property review, the City Council has directed
staff to prepare a modified set of criteria to provide relief from paying the recycling fee
in circumstances where participation in the curbside program is truly impractical. The
revised criteria allow for an opt-out for the majority of alley-adjacent customers who
have contacted the City with concerns about the pickup location. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1 as
described above and staff is requesting that the City Council suspend the rules, approve the
third reading, and adopt the ordinance.
ATTACHMENT(S):
DRAFT Ordinance Amending Chapter 10.pdf
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ORDINANCE NO. ____
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING CHAPTER
10 THEREOF, FOR THE PURPOSE OF ALLOWING
LIMITED ALLEY COLLECTION OPT-OUT FOR SOME
CUSTOMERS REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the
same is hereby amended by amending Chapter 10 as follows:
“
CHAPTER 10
GARBAGE, REFUSE AND RECYCLING
***
Sec. 10.27. RESIDENTIAL CURBSIDE RECYCLING COLLECTION.
***
(4) Limited Alley Collection Opt-Out. Notwithstanding subsections (2) and (3) above,
a single-family residence or a unit of a multi-family residence containing not more than
four (4) units may elect not to receive a receptacle for recyclable materials and be relieved
of the responsibility to pay for the recycling service if all of the following criteria are met for
that residence:
(a) the property abuts an alley;
(b) the property does not contain a primary driveway that connects to a street
frontage. For the purposes of this subsection, if more than one driveway exists, the
driveway connecting to the garage shall be considered the primary driveway;
(c) the property does not receive recycling service from the alley.”
***
Section Two. All ordinances, or parts of ordinances, in conflict herewith are
hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
Passed this day of , .
_____________________________ ___________________________
John A. Haila, Mayor
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First Reading:
Second Reading:
Third Reading:
Passed on:
I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the
above and foregoing is a true copy of Ordinance No. ______________, passed by the
City Council of said City at the meeting held on ______________________and signed by
the Mayor on ___________________________, and published in the Ames Tribune on
___________________________.
________________________________
Renee Hall, City Clerk
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