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MIN 11.08.2016 CC-WMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 8, 2016 The Georgetown City Council will meet on Tuesday, November 8, 2016 at 3:00 PM at the Council Chambers, at 101 E. 711 St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8i1 Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 3:02 PM. All Councilmembers were in attendance. Policy Development/Review Workshop A. Presentation, discussion, and possible direction on the solid waste contract, services, and strategic objectives -- Mike Sabin, Deputy General Manager Mike Sabin, Deputy General Manager, provided a presentation on the solid waste contract, services and strategic objectives. Sabin introduced Jordan Fengel, the City's Solid Waste and Conservation Coordinator. Sabin explained that Fengel has received a solid waste license, which is a huge qualification and has made a big difference for the City. The Presentation Agenda Included contract terms, downtown services, transfer stations, the master plan and Council direction. Sabin spoke on how this discussion involves infrastructure, landfills, collection stations, bulky material storage, facilities and trucks. Sabin provided an explanation of Contract Terms and the Current Status • TDS (Texas Disposal Systems) is the contractor, selected by an RFP process in 2012 • The contract is set to expire September 30, 2017, but has three 5 -year renewal options, if selected mutually between TDS and the City • There is an opportunity to address multiple issues, including potential service amendments, transfer station futures, and a solid waste plan Sabin noted that the City's relationship with TDS began in 1998 with a 20 year contract in 5 year bites, with mutual consent. He explained that the relationship has been a good one with mutual respect. Sabin explained the opportunity, at this time, to address potential changes in services, transfer station solutions, and a solid waste master plan. He went on to present 4 options: Solution 1 — Renew with no changes • Contract would extend from October 2017 through October 2022 • Wholesale prices would increase about 12%, or $1.90 per in -City resident per month (if applied across the board), or 22% if applied across all commercial rates • All services would stay the same Sabin spoke on TDS, saying the relationship has always been positive. He explained that the City rarely hears complaints of the service, but TDS is very responsive to complaints that occur. Sabin explained that City and staff have always been treated well and that TDS has made several improvements on their own initiative. He noted that TDS operates the transfer station and transports the waste to facilities for disposal. They process the commodity side and grind yard waste. Sabin spoke about how the industry has changed since the contract was written and specifically spoke on tipping fees. He said there has be a $20 per ton increase, explaining that this is represents a $5 to $6 per customer per month increase or an increase of over $1 million per year to the City. Sabin explained that the ability to transfer is important. Solution 2a — Renew with service changes • Same price change and term extension as Solution 1 • City would move metal recycling to TDS • City could evaluate service amendments for an additional cost, such as adding brush to tier 2 customers, setting a price for green teams as City events, provide exclusive in -City commercial recycling, provide weekly recycling versus every other week, provide every other week yard trimming pickup and change the collection station customer drop-off rates Solution 2b = Renew for a longer term • Target 20 year length (10 + 10) design • New pricing adjustment method with modified inflation indexes and audited cost reimbursement • Redesign services • Cooperative transfer station operation design • Examine pilot programs Solution 3 — RFP for new contract • Retain a consultant • RFP for new contract would be launched in December or January • Close bids in February • Review results and evaluate with Council in March _ • Negotiate a new contract April through June • Council execute contract in July • New contract to begin in October 2017 • RFP based on Council direction of services desired Babin noted that this would be an aggressive schedule, but achievable. He explained that the TDS contract would revert to a month to month agreement until anew agreement is reached (180 days). He explained that staff would need to know very soon if RFP was the option that Council chooses. Babin then spoke on contract terms, potential service amendments and the wholesale price, based on a TDS renewal. He provided a slide on City generated metal recycling, currently and suggested. Babin explained that the recovery of metal gets lost in the costs of the service. Brainard asked if metal is generated by the Utility Department. Babin confirmed that this was the rase and that there is enough to warrant disposal. Babin spoke next on the Tier 2 Scope and how this had changed with the Chisholm Trail acquisition. He explained that any customer of utilities is a potential tier 2 customer and the City does not want to discriminate against ETJ customers or change the parameters. Tier 2 Scope Changed with Chisolm Trail Acquisition Tier 1: Inside City -limits 20,229 Trash Customers 19,789 Recycling Customers Ler 2: Outside City -limits 3,176 Trash Customers 3,128 Recycling Customers Ci EOIiOI TOW N R%e5 Tier 2* Brush/Bulky (currently not offered) 'Out of City customers with City utility service Brush Pickup • Every Other week yard trimmings - $2.05 per cust per month (T2 only) • Monthly - $1.00 per cust per month (T2 only) • Seasonal monthly - $0.70 per cust per month (T2 only) GEOR��OWN Bulky • 2 times per year • 3 Cubic Yard mabmum • $1.30 per Gust per month (T2 only) Exclusive In -City Commercial Recycling Status Quo • Voluntary • Commercial Recycling is open market • TDS has 99% of the market • Prices are bid assuming short term service • Recycling more elpensive than trash service Suggested • Remains Voluntary • Close market to City provider • TDS changes prices to account for bulk service and longer term to spread overhead costs out • Results in significantly lower prices for commercial recycling • Makes recycling cheaper than trash service Babin explained that TDS believes they have 99% of the market of customers who are able to choose their provider. Babin said the City would like to get to the point where recycling is cheaper than trash service, encouraging recycling. Babin went on to discuss weekly recycling. He offered solutions and alternative solutions. Councilmember Fought asked about the fee for a cart. Jordan Fengel said the fee is $8 per month, but the customer pays for the service, not the cart. Councilmember Jonrowe asked if using the smaller cart drops the price. Fengel said the fee does not change. Babin said staff has not established recycling objectives but are working on setting the goals for this. Councilmember Gonzales said he is concerned with the number of ala carte solutions. He said staff and Council could spend a lot of time discussing all of the many different choices. Gonzalez suggested a global goal and long term solutions. Gonzalez said more items and free services or carts could cause all citizens to bear the burden of the need of only some. He asked staff to come back with long term and short term solutions. Mayor Ross asked the Councilmembers if they disagreed. Councilmember Brainard said people will not try to get a cart for free because they are bulky and not fun to have. Brainard said the Council should and can decide on these things. Councilmember Fought agreed that Council is capable of making the decisions. Mayor Ross said the goal is to encourage recycling and make it as easy as possible for the citizens. He spoke on lawn clippings and tree clippings. He said that at his commercial office building, staff rotates the role of taking home recyclables and putting them into their residential recycling cans. Ross said there is a need to encourage commercial recycling. Babin said it is not currently in the contract but discussion to begin this service is recommended. He said it is important to encourage as much recycling as possible and standardization can create cost savings. Babin went on to discuss a solution of every other week yard trimming pickup. • Everyone gets more frequent yard trimming pickup • Costs about $1.02 per customer per month • Service is vastly under utilized Hesser asked about yard trimming pick up in Sun City, where many people have their yards done by professionals. Babin said the pick-up is less used in Sun City than other areas but said he does not have exact data on this. Brainard said he is grateful to the City and staff for working out a once a month yard trimmings pick-up schedule and it seems to be working well. Brainard asked why the City would consider offering every other week pick-up when once monthly pick-up is not being heavily utilized. City Manager, David Morgan, said staff is currently walking through several things, over time, from public input. He explained that staff is doing due diligence and introducing the topic and discussion for the Council, but are not looking for concrete answers today. Morgan said there might be more that Council would like considered and that is the purpose of today's presentation. Brainard said public awareness is lacking and gave an example of a neighbor with a lot of yard waste in his trash can. He said the City needs to educate the citizens that yard waste is picked -up once per month. Mayor Ross said that it must be made to be as easy as possible. Gonzalez spoke on smaller carts for families not requiring as large of cart and if there could be a cost savings. He asked how many options can be given and still be cost effective. Mayor Ross asked Babin what he is looking for from Council. Morgan said there will be a slide at the end of the presentation, along with transfer station slides, that will play into this. Babin showed a slide on changing station customer drop-off rates, currently and suggested alternatives. He said the negative is high incidents of misuse. He explained that builders are paying citizens to bring trash to the transfer stations. He spoke, again, on the need for a long term plan. Babin spoke on other items, including services for apartment recycling, green teams, side arm loaders and EV truck pilot programs. He spoke on contract issues such as CPI language and software integration. Babin spoke on practical limitations to customer service and the importance of behavioral shifts and long term solutions. Babin discussed downtown services and the issues and solutions He said that fire code prohibits carts in alleys because public safety vehicles cannot navigate. Babin explained that the recent turn -over of retail tenants causes a lack of understanding of the issues. He spoke on the sharing of dumpsters and the need to possibly use a scale to determine the amount of use to set the rate for these users. Babin emphasized that staff is not asking Council to pick a solution today but instead wanted to bring these things up for discussion and future decisions. Babin said that whatever happens there will be happy customers and not so happy customers. He asked Council to provide direction if there is anything they would like staff to address. The transfer station was the next discussion. The City's transfer station is uncovered. Babin explained that this is not common in Texas and the state regulates control of the water from rain. He explained that the issues began because the City no longer dumps into a compacter, but dumps by transfer. The City indicated that it would eventually cover the transfer station ten years ago and this will eventually become a crisis. The City will need to cover the transfer station or build a new enclosed transfer station. Babin spoke on a Master Plan and strategic goals. • Council developed • Per City Charter, a solid waste master plan should be part of the Comprehensive Plan • Done in conjunction with the Planning Department • Behavioral Shifts would include diversion targets/goals, incentives/penalties, mandated services and development code standards Babin explained the direction he would need from the City Council • Direction on the contract — 5 year or 20 year contract design, whether to renew, negotiate or RFP and service amendments • Direction on the transfer station — whether to cover the existing station or study a replacement • Solid waste master plan and development plan Babin said that if an RFP was needed, staff would need to have Council direction immediately. If not, there is not a crisis and the purpose of the presentation was to give Council a sense of upcoming decisions and a chance to think about what they would like to do. Babin said it would be staffs recommendation to go with a longer term contract and no RFP. Brainard said it has been a good, long relationship that the City has had with TDS. He said there has been a very high level of trust and both entities would benefit with a 10 plus 10 year agreement. Jonrowe said she seldom hears complaints on TDS and they run their facility impressively. She noted that the City needs to keep pushing in green ways. Jonrowe said she does not see the need for an RFP. She noted that she would welcome hashing out additional services such as apartments and recycling. She is in agreement with performing a study on the transfer station options and the development of a master plan. Mayor Ross asked Council if they were in agreement with the 10 10 suggestions. He then asked if anyone felt there was a need for the RFP. No one saw the need for an RFP and all were in agreement with the 1010 suggestions. Councilmember Hesser asked what the consultant fee has been in the past. Jim Briggs, the City's General Manager of Utilities, said that, in the past, this was done in house and mostly by internal staff. Mayor Ross asked the Council if they agreed with renewing the contract with TDS. Gipson said he would like a long term contract with TDS and for the transfer station to be a long term goal. He suggested getting consultation from the experts. Gipson said he encourages TDS to get involved early on. Babin said staff would recommend consultation firms for Council approval. Babin asked Council for direction on downtown services. Brainard said there is a need to have a group study this. David Morgan, City Manager, said staff would continue to look at this and bring it back to Council. Morgan asked Council if there was anything on the service amendment option list that they would not want to use. Gonzalez said to eliminate the every other week yard clipping pick-up. Jonrowe spoke on customers paying for services they are receiving. She said she is not willing to have costs shared by everyone, when some are not receiving the service. Mayor Ross suggested leaving everything on the list for the preliminary discussions. Hesser asked if all recycling items get recycled. Babin explained that there is some contamination and that TDS sorts it. Fengel said the City has 16% contamination rate which is considered very good. Most cities have worse numbers, he explained. Morgan said an update will be brought to Council in early 2017. B. Presentation and discussion on the Bid Review for Garay Park — Kimberly Garrett, Parks and Recreation Director Kimberly Garrett, the Parks and Recreation Director, spoke on the bid review for Garey Park. The agenda for the presentation included an update on the bids reviewed, a bid evaluation review, proposed revised project scope, impacts to the project, next steps and the schedule. Garrett explained that the construction budget was $13.5 million. She explained that bids were expected to come in high due to cost escalation and design factors. Garrett said it was also anticipated that there would be a need to value engineer the project after the bids were received. She said the bids opened on October 121h and 3 bidders responded — Harrison Walker & Harper, Jordan Foster and Smith Contracting. Garrett noted that the lowest bid was $22.2 Million. Garrett explained the factors for the high bids. • Bidder Market — record development in Williamson & Travis Counties, driving bid pricing up • Strived to include as much of the master plan as possible and making enhancements to improve cost recovery • Design impacts — fire flow, electrical utilities, drainage, and road widths due to emergency access • Feedback from general contractors regarding bid package noted difficulty in bid response from sub- contractors because the project has significant diversity in trades Garrett spoke on the bid evaluation. She explained that staff & Halff Associates met with the Garey family to review the bids and discussed holding off on specific amenities. It was decided to hold off on items that were a high cost with a low return on investment and to keep the entry fee for day users with minimal impact. Garrett said they would continue to value engineer the project on site work that supports vertical. Garrett explained that the site and civil construction numbers were close to the estimates, while the vertical construction was extremely high. She explained that new construction was 2 times the estimate and renovation was 3 times the estimate. Garrett said that a third party estimator was used on the vertical construction throughout the project. Garrett provided a map of the site plan, which depicted the portions of the project proposed to be removed at this time. These included primitive camping, group camping, amphitheater, retreat cabins and the host house. Garrett provided a slide depicting this proposed revised project scope and said the estimated cost savings, based off of the lowest bid, would be $11 million, which is within the budget. She then provided a slide on the overall budget summary. Garrett described the impacts to the project. She noted that since there would not be overnight quests, there would no longer be the need for an on-site caretaker home. She also noted that even though there would not be a formal amphitheater, there would still be opportunities for festivals and special events in the meadow event area and the opportunity for portable stages and generators to accommodate multiple venues. Garrett explained that the active recreation components would be retained, including the play area, splash pad, pavilions, equestrian arena, the dog park, hiking and equestrian trails and recreation programming. She noted that the Garay House Event Venue would be retained. Garrett showed the Business Plan Model and Pro Forma • Model showed annual cost of $295,000 • Currently reviewing the impact of operations within the revised scope • Anticipate annual cost to remain the same or decrease based on the return of investment for elements being put on hold Garrett described the next steps and explained that the bid would be repackaged into 3 distinct projects 1. Bid package for site/civil with alternates for remaining vertical construction elements. 2. Bid package for Garay House Renovation 3. Create a package for active recreation construction and installation through the Cooperative Purchasing Network (TCPN) job order contract Garrett provided the revised schedule. Councilmember Gonzalez asked what "hold off' means. Garrett said as the City grows, and demands grow, the opportunities for the plans will become available. She said that it will be determined what can be done and what cannot be done and staff will come back to Council for approval. Jonrowe thanked Garrett. She said she is in favor of the rejection of the bids and rethinking it. Jonrowe said this will be a fantastic product in the end and everyone will be satisfied. Mayor Ross asked Mr. Jack Garey if he would like to say anything. Mr. Garey said he understands and is willing to go along with the new plans. C. Discussion on the status of planning activities related to the MoKan Corridor by the Lone Star Rail District and other regional agencies — Ed Polasek, Transportation Planning Coordinator Ed Polasek, the City's Transportation Planning Director, provided an update and discussion of the planning activities related to the Mokan Corridor. He explained the name change to the MoKan Corridor. Polasek said that the focus, in the past, has been on the Union Pacific corridor and the focus is now on the MoKan Corridor. Polasek spoke on the CAMPO action taken on October 10, 2016 • Removed the Lone Star Rail Project from the CAMPO 2040 Plan • CAMPO/AAMPO and TXDOT discussing • Lone Star Rail has suspended work on the environmental analysis. The Rail District staff have confirmed there has been no additional background work completed in the MoKan Corridor to date and there has not been a Record of Decision reached to date Polasek spoke on the next steps for the Region • TXDOT working on method to close out environmental process with a record of decision CAMPO/TXDOT will work to develop regional analysis project for 35 corridor from Austin to San Antonio • CAMPO/TXDOT working on updates to MoKan Corridor Analysis with regional partners • Lone Star Rail cancelled the November 41h Executive Committee meeting. A board meeting is scheduled for December 2ntl Polasek then spoke on the current status for the City. • The City's 2017 membership dues for Lone Star Rail is currently loaded into the 2016-17 budget as a placeholder • Payment for membership to Lone Star Rail is not due until January • Working with CAMPO/TXDOT on MoKan Corridor study Polasek described the next steps for the City • Staff recommends not renewing membership in Lone Star Rail • Focus activities on CAMPO/TXDOT led MoKan Corridor study • Recommends participation in AARO Regional Transportation Study, which is a coalition of Cities looking at holistic transportation alternatives, including Mobility35, Project Connect and other programs to serve the region; providing a $5,000 contribution from the Lone Star allocation and returning $44,500 to the City Council Discretionary Fund. Polasek emphasized the importance of supporting regional transportation in general. Polasek said staff could bring back a membership study and other issues to Council soon. He asked for Council's approval of the $5,000 contribution. Mayor Ross asked that this be listed as a legislative item on a future agenda so that the approval would be recorded. The Council agreed with staffs recommendations. Councilmember Hesser said he has been down this road before and does not wish to continue. He instructed staff to come back when they have something. D. Discussion and direction regarding a review and future adoption of a legislative agenda for the City of Georgetown during the 85th Legislative Session -- Jack Daly, Assistant to the City Manager and David Morgan, City Manager Jack Daly, the Assistant to the City Manager, provided a presentation and review of future items for the state legislative agenda. He explained that a legislative agenda would guide the Council and staff to promote City interests. Daly said it would establish policy direction for general topics that could affect the City. He noted the importance for the City to work to establish and maintain active, positive partnerships with our elected state officials. Daly provided a list of elected officials and a map of their jurisdictions. He then provided a map depicting the state house districts. Daly provided a review of the 841h Legislative Session. He explained that out of 6,276 bills introduced, 1600 of them could impact cities. He noted the importance of staying aware of anything that could impact Georgetown. Daly explained that the City's plan for the 85th Legislative Session would include adopting a legislative agenda, attending important portions of the session (January 101h through May 29th) and participating in Williamson County Day. Daly described the consultation assistance the City would receive from the Texas Municipal League and Focused Advocacy, a firm hired by the City of Georgetown to represent them on utility issues. Daly described the focus and intended topics from the City during the legislative session. • Preserve local home-rule control • Oppose unfunded mandates • Oppose revenue caps • Support local parks funding • Protect utility interest Daly spoke on Local Control and said the City would support local control, where elected officials are tasked with raising funds and providing services to respond to the individual needs of the community they serve. He said the City would oppose legislation that would erode the authority of Texas cities, such as annexation and local option ordinances (tree preservation) Daly spoke next on unfunded mandates. He said the City would oppose unfunded or underfunded mandates from state and federal governments that ultimately end up costing local tax payers. Daly explained that mandates from the state should include funding to implement the mandate. Taxation was next. Daly explained that the City would oppose legislation that reduces the appraisal growth cap established in current law and legislation that imposes revenue caps in the form of adjusting provisions for the current property tax rollback rate. Daly noted that revenue caps impact high growth cities, such as Georgetown. Daly said that the City will support legislation that provides a fair and equitable distribution of the sporting goods sales tax revenue for local and state parks. He said the City would support pass-thru federal dollars for parks and support constitutional dedication of sporting goods sales tax revenues for parks. Daly listed the City's support and opposition for utilities. • Support dissolution of CTSUD Board • Support local control regarding Municipally Owned Utility (MOU) decision making related to electric market participation • Oppose expansion of PUC jurisdiction or loss of MOU control related to rates or regulations • Support continued MOU general fund transfers an ROI • Oppose changes to current law regarding disclosure of competitively sensitive information • Oppose required discount mandates Daly said that with Council direction, staff would review and possibly provide a proposed agenda to Council on November 22nd. He said updates would be provided to the Council throughout the Session and he anticipates specific topics and initiatives that will require Council feedback. Councilmember Brainard gave words of appreciation and encouragement. Mayor Ross confirmed with the Councilmembers that they were in agreement. Mayor Ross recessed the meeting to Executive Session under Section 551.071, Section 551.072, Section 551.074, Section 551.086 and Section 551.087 at 4.32 PM Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. E. Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - PEC Settlement Sec. 551.072 Deliberation Regarding Real Property Forwarded from Georgetown Transportation Enhancement Corporation (GTEC) - Parcel 14, Northwest Blvd. - Parcel 18, 1521 Northwest Blvd. Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal Sec. 551.086: Competitive Matters - Buckthorn Update Section 551.087: Deliberation Regarding Economic Development Negotiations - Project CAT Adjournment Mayor Ross adjourned the meeting to begin the Regular City Council meeting at 6:00 PM Approved by the Georgetown City Council on 11 �. as 1-';i. C) 1 to Date ( 2LG Dale Ross, Mayor Attest: CiV S cretary