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09-05-2017 MinutesAMENDED MINUTES REGULAR MEETING September 5, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 5, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Charles Zech City Secretary Brenda Dennis Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Gutierrez) Councilmember Gutierrez provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Mayor Carpenter recognized Boy Scout Austin Daakae, with Troop 51 who was in the audience this evening working on his Citizenship in the Community Merit Badge. Mayor and Council welcomed him. City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday September 7th Groundbreaking (New addition) Ceremony for Founders Classical Academy 8:00 a.m. 8435 E. 1518 North, Schertz Friday, September 8' Ribbon Cutting — 3009 Hair Lounge 4:30 pm 2901 Ashley Oak Drive 9 -05 -2017 Minutes Page - 1 - Saturday, September 9" Paws in the Pool Noon - 4:00 pm Pickrell Park Pool Sunday, September 10th Paws in the Pool Noon - 4:00 pm Wendy Swan Park Pool Tuesday, September 12' City Council meeting — 6:00 p.m. Saturday, September 16' Schertz Pickrell Park SAVE THE DATE: Friday, September 29' Star Party 7:30 pm -10:00 pm Crescent Bend Nature Park Thursday, October 26th Simonson Volunteer Appreciation Dinner 6:30 pm Schertz Civic Center Friday and Saturday, October 27 -29 Skylight Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma Election Information October 9th -Last day for submitting Voter Registration Application in time to vote in the November 7, 2017 Election and last day for requesting Transfer of Registration in time to vote. October 23, 2017 -First day in which Early Voting begins. Information regarding Early Voting locations and times and Election Day locations will be posted on our city website. • Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel provided kudos and shout out to new Public Works Employee Elmo Bendale for stopping and assisting EMS Director Jason Mabbitt who had stopped to pick up several tree branches that were on FM 3009. New Employee Recognition 9 -05 -2017 Minutes Page - 2 - Animal Services — Animal Services Officer — Patrick Ferry (D. Hernandez) Human Resources — Human Resource Manager — Lindsey Cox (J. Kurz) Parks, Recreation and Community Services — Park Maintenance Crew Leader - Jared Montney (C. VanZandt/L. Shrum) Public Works — Street Worker 1— Richard Rodriguez (J. Hooks/D. Letbetter) Each Department Director came forward and provided a brief bio of each new staff member. Mayor and Council welcomed everyone aboard. Hearing of Residents Mayor Carpenter recognized the following who commented on a recent inappropriate face book post from a Councilmember: • Mrs. Clare Layton, 12231 Lost Meadows Drive • Mrs. Diana Taylor, 5505 Columbia Drive Mrs. Taylor also stated that there are still problems in her neighborhood with homes, construction workers working at odd hours and condition of the roads as well as speeding. Mr. Grumpy Azzoz, 528 Wayward Pass Mayor Carpenter recognized the following who spoke in favor of funding a Local Flavor Small Business Grant Program: • Mrs. Maggie Titterington, The Chamber President Mrs. Titterington also reminded everyone that October 11, 2017 is Meet the Candidates for Schertz City Council as well as the SCUCISD School Board — please respond to the Chamber so that you can get registered, event will be held at the Schertz Civic Center. ® Mrs. Hengam Stanfield, 6044 FM 3009 —spoke on funding the Local Flavor Program. Mayor Carpenter recognized the following who addressed council regarding other issues: Mrs. Michele Tereletsky, 705 Marilyn Drive — who addressed Council regarding accessibility concerns for the "No Name Park" off Schertz Parkway. Dr. David Scagliola, 3418 Foxbriar Lane — who addressed Council regarding being a candidate for the upcoming November Election. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for a point of privilege to read a statement and give Councilmember Thompson an opportunity to address the citizens and their concerns and or comments. Mayor Carpenter reminded those wishing to speak on this issue to be mindful of the Texas Open Meetings Act and its provisions. If you are commenting on anything that is not already on the agenda — that it is still the law of the land. 9 -05 -2017 Minutes Page - 3 - Mayor Pro -Tem Edwards read the following: "It's said that the appearance of being better than others is so dangerous but even more dangerous is to appear to have no faults and no weaknesses. I accept that, nothing is certain in life and we aren't guaranteed to see tomorrow. So, I ask that we as body let grace prevail so let he who is without sin cast the first stone. As a community leader, as a business owner, a father, husband and brother to many people of all walks of life, I understand the emotional and psychological harm that can happen with a single social media post. I have trained my children to be aware of pressing enter without thoughtfully considering all the consequences and ramifications. I have always been a Schertz and surrounding community first type of leader. It is not about the City of Schertz, any position he holds, nor personal gain or gratification, and it certainly cannot be about one mistake. He says this because his sins are too numerous to count and he too has fallen short and don't truly deserve mercy, grace or forgiveness provided by almighty God. He is all in for Schertz as a community and I am all in for a positive pressure to create a culture of excellence. I will always encourage the openness and transparency with our leadership and our citizens. They deserve nothing less. An unfortunate face book post cannot be our defining moment. I believe the way you carry yourself will often determine how you are treated in life, and in the long run appearing racially insensitive or demeaning will make people disrespect you. A leader respects himself and inspires the same sentiment in all and even others. By acting with respect of others and confident in their power, when and when not to use them, you make yourself destined for a higher calling and a higher purpose. I will protect the shield that says Schertz and I don't believe Councilmember Thompson or anyone else on the Council or in this community will want anything less." Mayor Pro -Tem Edwards stated that he would like to give Councilmember Thompson the opportunity to address the Council in either open or closed session and then publicly address the attendees in the Council Chambers. Mayor Carpenter stated that before he goes on, when he considers the Councils Rules of Procedures at a time like this, he is going to state, "that they are now at Item 13, Announcements by Mayor and Councilmembers ", and will afford an equal opportunity to any and all Councilmembers who would like to speak at this time under item 13. Requests and Announcements 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 9 -05 -2017 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Thompson who stated that one of his goals in coming on Council was to be a person of integrity and compassion, whose overall goal was to help bring people together for the common good. He believes that he has accomplished that the majority of the time that he has been up here. He stated that tonight marks the 0' time in his life that he has been called a racist. The first time he was called a racist was when he was in Georgia where he and his wife had gone to be with a church, which was in a white community in a black neighborhood. They reached out to the neighborhood and when his one -year review came up, his numbers were up and everything was going good. He was called in by the church leaders, and forgive the language I am going to use, but it was exactly what was said to me. `We are firing you because you are encouraging * * *'s to drink our water and use our bathrooms, by bringing these black kids into the church.' He was fired on the spot for reaching out to blacks, reaching out to the neighborhood, for reaching out to children of all color. For that he was called a racist. The second time he was called a racist, he was also in a church — singing `Jesus Loves the Little Children.' Someone approached him saying he didn't realize he was such a racist. The person said you are singing a song of red, yellow, black, and white —but the song shows you are a racist because it doesn't include the word brown. Therefore, you and your church must be racist and not want Hispanics in the church. The third time he was called a racist, was a few years ago when the `Black Lives Matter' did begin to come up. He believes that all lives are created in the image of God, and hence, he said, `All Lives Matter' online. Again, he was criticized for being racist. Tonight marks the fourth time. The post he shared was not meant in any form or manner to be racist. It was inappropriate and a personal/Facebook friend told him about it. He looked at it and said, `I never thought of it in that light.' He apologized online to him and deleted it and didn't think much about it. He accepted his apology and they both went on. The furor erupted over this post when a former Councilman put it online. Councilmember Thompson stated that his question is "why would you edit it so carefully as to leave out the online apology ?" Interesting question, that is for Mr. Azzoz to answer and not him. Because it was an online post that was inappropriate, he chose to ask apologies online, because it involves The Chamber, the City Council he will seek that same apology before The Chamber and before the Council. If a person knows who he is, they realize he is not racist. For the last 40 plus years he has tried to bring people of all color, all gender, all background, all social class into the body of Christ, because he believes Christ and his Church is the great equalizer on this earth. That is his goal and will continue to strive to reach every group because the book of "Revelations" tells us that one day every knee, every tongue, every tribe, every gender, every race are going to bow before Jesus Christ. Ultimately, we answer to him. Tonight, he answers to his Father in Heaven, he answers to 9 -05 -2017 Minutes Page - 5 - his spouse, his children, to the citizens of this community and he thanks everyone for the opportunity of hearing him. Mayor Carpenter recognized Councilmember Gutierrez who stated as a Councilmember he is held accountable and has a responsibility to address comments posted on Facebook. Councilmember Thompson has realized his comments were interpreted as insensitive and has taken full responsibility for his actions. Councilmember Thompson has apologized for making these remarks. It is normal to question ourselves in situations wondering whether we heard the person right or if it was just a joke. The true question is how this person normally interacts with others, his character his integrity unselfishness and compassion. I have known Councilmember Thompson since he was elected into this position is and he has personally assisted him in his transition of this new role. Councilmember Thompson has earned his respect as a person, a businessman and City Council. He has a willingness to do what is best for the city. He has supported our police and fire departments. He has supported our military and our senior citizens. Mr. Thompson has a good heart. Some citizens have requested City Council to take some kind of action regarding this matter, but be aware politics and elections over inflate actions. Many attempt to take advantage to discredit their less desirable candidate; many of us have made comments that we later regret. He can appreciate how hurt, how angry, how frustrated and how disappointed many of you may be. He appreciates his apology and his willingness to make amends and we all know -an apology is the super glue of life. Councilmember Gutierrez thanked everyone. Mayor Carpenter recognized Councilmember Kiser who stated that she hears people all the time say I'm not racist and then they put a Facebook post up that is racist. Or they say something that is racist and say but I'm not racist. She is not saying that Councilmember Thompson is racist. What he put up there was completely inappropriate, and when she hears someone say well if someone hadn't reposted it, well its motivated by politics, that means that that person is not taking responsibility. The post was made by Councilmember Thompson, that's the bottom line. He put it up there, that's where the blame lies. She is not going to put the blame on someone who responded and said it was inappropriate. She is not going to put the blame on someone who took a screen shot. That's not where the blame lies. Someone needs to take responsibility and hopefully he is, she doesn't know, because when someone does something like that and she sees a post online, even the apology saying what I learned was, and she is paraphrasing was that I need to be careful about what I post on Facebook, for her that is not an apology. That is saying I got caught and people didn't like what I posted and I need to be careful what I post. So, someone with integrity takes responsibility, and yes, she believes in grace and compassion but like she has taught her children, when you do something wrong there are consequences. Right now, what she is hearing is there should be no consequences, let's just accept an apology. She doesn't know too many people that can go before a judge after robbing a bank and say I'm sorry and the judges says ok apology accepted, bye. There are consequences. When 9 -05 -2017 Minutes Page - 6 - we do something wrong, there should be consequences. Yes, we have all made mistakes, she agrees, but when we don't take responsibility, when we don't have any consequences for those poor, actions and bad judgment, I don't think that we learn that much. She is sorry that just to be able to sit up here and say I'm sorry, she doesn't think that is a consequence. Mayor Carpenter recognized Councilmember Crawford who asked if they were going to discuss this in any kind of executive session tonight? Mayor Carpenter answered, we are not posted to do so. Councilmember Crawford asked if we could post it for next week and the reason he asks is, like his fellow Councilmember and maybe Mayor Pro -Tem Edwards who spent six years in the Air Force, Councilmember Gutierrez spent 15 years in the Air Force and he spent 38 years in the Navy, that comment about being responsible for our actions. We lived in the military and others in the chambers lived in the military, we lived under two sets of rules, Uniform Code of Military Justice and the US Civil and Criminal Code. Being held to a higher standard and being responsible for our actions, being accountable and sitting here, we have a level of authority, do we need to be responsible for what we do and do we need to be accountable for how we do it. Yes, he has lived that way for 38 years and yes, he made some mistakes, yes, we all make mistakes but when he did make a mistake, he would state that he did make the mistake and here is what I did to fix it and keep going, and if there was a penalty, he would take the penalty. He believes the discussion of what we do when someone makes an apology on a serious issue, that's fine and acceptable to make that apology but there is a consequence to this. A lady walked out of this chamber a while ago, she was not happy, he hated to see this. The question is do we need more discussion asking Councilmembers Davis, Larson and Edwards. Mayor Carpenter inter] ected stating that when we come back around to item 12 where we have the ability of placing items on a future agenda, he can bring it up then, and if no objection, it will be placed on the agenda. Councilmember Crawford thanked the Mayor. Mayor Carpenter moved back the regular portion of the agenda. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Minutes — Approval of the minutes of the Regular Meeting of August 29, 2017. (J. Kessel/B. Dennis) 2. Ordinance No. 17 -T -29 — Consideration and/or action approving an Ordinance authorizing an amendment to the FY 2016 -17 General Fund to create and fund four additional Crossing Guard positions. Final Reading (D. Wait/J. Walters/M. Hansen) The following was read into record: 9 -05 -2017 Minutes Page - 7 - Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Thompson to approve consent items 1 and 2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion Items 3. Ordinance No. 17 -T -30 — Consideration and/or action approving an Ordinance on the proposed FY 2017 -18 Budget. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 17 -T -30 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who once again went over the highlights of the budget PowerPoint presentation he delivered at the last city council meeting on August 29. There have been no further changes to the proposed budget. Mr. Walters stated one update is that staff will be proposing to Council that the electronic sign be repaired with funding left over from the building repairs fund from the 2006 Bond which was used to repair the Recreation Center windows. He included this information as this was one of the items on the lists previously provided to Council that was not funded in this year's general fund budget. Again, we were able to find funding from left over repair funds. No action on the budget is necessary for this item. Mr. Walters stated that before Council takes action we have some discussion to think about which includes some of the non - funded program/position examples, these are in no particular funding order, just wanted to bring these back to Council for consideration: 9 -05 -2017 Minutes Page - 8 - • Park Workers • Recreation Coordinator • Agenda Software • Local Flavor /Small Business Assistance • Additional Library Materials • Social Media Archiving • OpenGov This is not the entire list nor in any order, Council has seen the entire list and it was closer to 100 items. Mr. Walters stated funding of any additional items at this time would require some kind of cut or reduction of a different program within the City budget. If Council wishes to fund one of these items, they will also need to consider the impact of those changes. Council can consider funding some these items as non - funded items, but would not go into the budget directly but we would keep an eye out on these as we go forward if we were able to identify any additional funding or additional savings in other areas as it would open it up for Council fund some items on the list more towards the mid -year or wait and consider any of these items at a future budget Mayor Carpenter recognized Councilmember Larson who provided his comments regarding not funding the Local Flavor Program this year but requests being put on table of conversations for future budgets and when money is available. Mayor Carpenter recognized Mayor Pro -Tern Edwards who provided an idea, thinking outside of the box as to ways to spread some money around over the different programs on fund some of the 100 -item wish list. Mayor Carpenter recognized Councilmember Davis who agreed with Mayor Pro -Tem Edwards but stated that the unfunded items we are talking about now are a moot point for the proposed 2017 -2018 budget, because we didn't include it in there so it is obviously something we are going to have to adjust for the near future. He stated that back on the 2nd of May we had a great presentation from EDC that talked about these issues and he has some notes and would like to propose something for a future Council meeting where we can address these small business options. Let's get it on an agenda so we can discuss possible funding streams or timelines as we go forward. Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by Councilmember Davis to approve Ordinance No. 17 -T -30 fmal reading. The vote was unanimous with Mayor Pro-Tent Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4. Ordinance No. 17 -T -31 — Consideration and/or action approving an Ordinance on the proposed FY 2017 -18 Tax Rate. Final Reading (B. James /J. Walters) The following was read into record: 9 -05 -2017 Minutes Page - 9 - Mayor Carpenter recognized Finance Director James Walters who also provided his PowerPoint presentation in regard to the FY 2017 -18 tax rate. Mayor Carpenter recognized Councilmember Larson who moved, seconded by Councilmember Gutierrez to approve Ordinance No. 17 -T -31 final reading. The vote was unanimous with Mayor Pro -Tern Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 5. Ordinance No. 17 -M -34 — Consideration and/or action approving an Ordinance authorizing the amendment of GASB 54 Fund Balance Standards, Applications, and Policy of the City of Schertz. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 17 -M -34 AN ORDINANCE AUTHORIZING THE AMENDMENT OF GASB 54 FUND BALANCE STANDARDS, APPLICATIONS, AND POLICY OF THE CITY OF SCHERTZ; AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director James Walters who stated this proposed ordinance will replace the previous policy with an updated one. The same definitions of the fund balance types and the requirement to return to a minimum fund balance within 5 years is still part of the policy. The updated sections include additional definitions, a new minimum requirement of 26% of operating expenses, and a more detailed outline for the building up and use of the unrestricted fund balances. The notable section updates will be the new requirement to stick as close to the 26% requirement unless Council has authorized additional savings above the target. Another notable section will be the breakdown of the 26% requirement into 2 parts; 1% for contingency to be used for emergencies and 25% for declared disasters in the City. Mr. Walters provided a brief PowerPoint presentation. Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Crawford to approve Ordinance No. 17 -M -34 final reading. The vote was 9 -05 -2017 Minutes Page - 10 - unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 6. Resolution No. 17 -R -78 — Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding with the 502d Air Base Wing and the City of Schertz Police Department. (D. Wait/M. Hansen) The following was read into record: RESOLUTION 1 THE ' TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE 502d AIR BASE WING, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated this is a renewal of the existing MOU with the security forces at Joint Base San Antonio - Randolph. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -78. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 7. Resolution No. 17 -R -79 — Consideration and/or action approving a Resolution authorizing the purchase of Ambulances from Siddons -Martin Emergency Group. (D. Wait /J. Mabbitt) The following was read into record: RESOLUTION NO. 17 -R -79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF AMBULANCES FROM SIDDONS -MARTIN EMERGENCY GROUP AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EMS Director Jason Mabbitt who stated as part of the EMS Departments ambulance replacement plan, it was determined that two new ambulances would need to be purchased in FY 2017. The EMS Department currently has a fleet of eight (8) ambulances (a 9th ambulance is inoperable and not included in the count), five (5) of these ambulances are "Front line" or are in- service at any given time which leaves a reserve fleet of three (3) ambulances. A 9 -05 -2017 Minutes Page - 11 - goal is to have 4 reserve ambulances. Mileage for these ambulances range from 46,000 miles to over 210,000 miles. In deciding how to move forward, we spoke with the Fleet Department and the EMS employees and it has been decided to purchase these two new ambulances from Siddons- Martin Emergency Group. Siddons -Martin Emergency Group is a HGACBuy Purchasing Cooperative program participant and they are the Texas dealer for Road Rescue Ambulances. EMS Director Mabbitt addressed questions. Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Crawford to approve Resolution No. 17 -R -79. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Resolution No. 17 -R -80 — Consideration and /or action authorizing the Police Department to apply for a 2017 -18 fiscal year grant through the Office of the Governor — Criminal Justice Division. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 17 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR A CRIMINAL JUSTICE DIVISION OF THE TEXAS GOVERNER'S OFFICE GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated in response to recent events such as the 2016 shooting of police officers in Dallas, Senate Bill 12 passed during the 85f Legislature and was signed by Governor Abbott. This authorized the Criminal Justice Division of the Governor's Office to create a grant program for the purchase of rifle- resistant body armor. Applications are now being accepted for these grant funds. The grant is a reimbursement grant that will cover the expenditures to outfit those assigned to patrol and tactical units with rifle - resistant body armor. Staff recommends approval of the attached Resolution authorizing the application with the Office of the Governor - Criminal Justice Division for rifle - resistant body armor. If the grant is awarded, an ordinance would be presented to amend the budget authorizing funds for the purchase of rifle- resistant body armor. The amendment would adjust the budget to include the purchase of 43 body armors at $2,000 each for a total expenditure of $86,000 which would then be fully reimbursed by the grant. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -80. The vote was unanimous with 9 -05 -2017 Minutes Page -12 - Mayor Pro -'Tem Edwards, Councilmembers Davis, Gutierrez, Larson, 'Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 9. Resolution No. 17 -R-81 — Consideration and/or action approving a Resolution authorizing an amendment to the Professional Services Agreement with Cobb, Fendley & Associates, Inc., relating to Engineering Design Services for the Woman Hollering Creek Wastewater Line Project. (B. James/K. Woodlee) The following was read into record: Mayor Carpenter recognized City Engineer Kathy Woodlee who stated the City of Schertz is undertaking a project to construct a sanitary sewer system to collect and convey wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater line from the existing lift station at the Sedona Subdivision at FM 1518 near the Woman Hollering Creek, approximately 11,500 feet to near the intersection of Woman Hollering Creek and the IH 10 right -of -way, a new lift station, and approximately 6,000 feet of force main from the lift station to the CCMA plant. The project will also include an additional gravity line approximately 1,500 feet in length along an unnamed tributary of Woman Hollering Creek that will connect to the primary gravity main. This system will provide the initial wastewater flow to the new CCMA plant and is necessary for the plant to begin operation and allow the existing Woman Hollering Lift Station at Sedona to be taken out of service. In September 2015, the City authorized a contract for professional services with Cobb, Fendley & Associates, Inc. (CobbFendley), to provide professional services including engineering, land surveying, geotechnical sampling, environmental investigation, and easement acquisition services related to the design and construction of the Woman Hollering Creek Wastewater Main Project. During the initial planning and pre - design activities, field observations and meetings with stakeholders led to the investigation of alternative alignments. After working with property owners and direction from City Council to consider alternatives, a new conceptual alignment has been identified and vetted by CobbFendley and City Staff. Some factors leading to the recommended new alignment include avoidance of significant trees and tree groupings . and consideration of impact to land uses of properties on which the project will be constructed. 9 -05 -2017 Minutes Page -13 - Moving forward with the new alignment and associated coordination, requires additional professional services including additional preliminary engineering, land surveying, one additional geotechnical bore, and additional right of entry services. The City is ready to move forward with the remainder of the Engineering and Design phase of the project. This phase includes completion of the land survey, environmental investigation, geotechnical investigation, easement acquisitions, and final construction design. The scope of work for the Engineering and Design Agreement also includes bid and construction phase services. Attachments to this memo include the scope of additional services, an exhibit depicting the original and revised line alignments, and an updated project schedule. The schedule currently anticipates completion of the initial portion of the system by late 2018 and acceptance of the entire project by late 2019. The project will include phased completion of construction to expedite flows to the CCMA plant. Amended Woman Hollering Creek Wastewater Line Project Budget Engineering and Design Services $ 589,850 Additional Professional Services $ 42,741 Legal $ 5,000 Advertising $ 1,000 Other Prof. Services $ 5,000 Contingency $ 60;088- $17,259 Easement Acquisition Prof. Services $ 183,300 Easement Acquisition $ 150,000 (Estimated, Excludes Condemnation) Construction $4,496,274 (Estimated) Construction Contin enc_y $ 450,000 Project Total $5,940,424 Staff recommends authorization of the amendment to the project agreement with CobbFendley for the additional services requested to move forward with the new alignment of the Woman Hollering Creek Wastewater Line as identified in the attachments hereto. Ms. Woodlee addressed questions. FISCAL IMPACT The project costs, including Engineering and Design, is funded with a combination of Capital Recovery and Certificates of Obligation Funds/Water Revenue. Costs for the additional services are within the originally presented budget as project contingency. Capital Recovery: $2,940,424 (Estimated) Certificates of Obligation: $3,000,000 Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by Councilmember Thompson to approve Resolution No. 17 -R -81. The vote was unanimous 9 -05 -2017 Minutes Page - 14 - with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda items 1 -9. Closed Session 10. City Council will meet in closed session under Section 551.071 of the Texas Government Code, Consultation with the City Attorney to discuss: a. The legal parameters of municipal regulatory authority under SB 1004, relating to the deployment of network nodes in public right -of -way, and possible legal challenges to the implementation. b. Proposed settlement agreement received in regard to former employee Michael Harris. Mayor Carpenter convened into Closed Session at 7:48 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into Regular Session at 8:48 p.m. 10a. Take any action based on discussions held in closed session under Agenda Item 10. No action taken. Requests and Announcements 11. Announcements by City Manager. No further announcements were made. 12. Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. Mayor Carpenter recognized Councilmember Davis who stated that back on the 2nd of May we had a great presentation from EDC that talked about different potential funding programs from either EDC or the general fund. On one of the slides they presented was a recommendation of a proposal for economic development opportunities for 9 -05 -2017 Minutes Page -15 - entrepreneurship, small businesses, existing businesses in target areas, he asked if we could in the near future he would like to see some draft proposals coming from the city staff and EDC on what those four areas would look like with recommended amounts, recommended funding streams if any that would allow us to look at implementing some of those programs for our community. Mayor Carpenter recognized Councilmember Crawford who requested an executive session to discuss censure. Mayor Carpenter recognized City Attorney Charlie Zech who stated to be clear you can request an agenda item and then decide whether you want to go into executive session and the individual subject to that has the right to have that discussion in open session. Councilmember Crawford requested that this be placed on the agenda to discuss the censure and issues of social media. Mayor Carpenter stated that we will not be able to talk about policy matters in executive session this would be a discussion about an individual and an individual act. Councilmember Crawford stated that there is a lack of information in our Charter and under our Ethics ordinance that talks about censure and what it means and what happens. Mayor Carpenter answered and stated that the only thing that we can do is under Section 551.074 is have an executive session scheduled to talk about personnel matters involving a particular Councilmember. City Attorney concurred, Councilmember Crawford concurred with respect regarding the issue that was discussed this evening. Mayor Carpenter recognized Councilmember Larson who objected to having this placed on the agenda. Mayor Carpenter stated that pursuant to that objection, under item 12 it says if objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. So, on our next agenda we will need to have an agenda item for the Council to take that action and discuss the merits of having said executive session at a future meeting. Councilmember Crawford .stated that he has another request that he would like to have placed on the agenda a discussion about going back to our previous procedure for putting things on the agenda, where anybody can ask to have something put on the agenda without having to go through a delaying tactic. Mayor Carpenter recognized Councilmember Thompson who objected. Mayor Carpenter paused and stated that he was considering whether or not it would be appropriate or not having a discussion on our rules of procedure, generally speaking. Mayor Carpenter stated that on our next agenda an item be placed for the discussion of 9 -05 -2017 Minutes Page - 16 - whether on not we will put a discussion of the City Councils Rules of Procedure on a future agenda. 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Larson who stated that he unexpectedly witnessed a play this week. It turns out the play was a political drama with some unscrupulous individuals putting selfish ambitions above the community good. It was interesting but distasteful. I give it 0 five stars, I am sad I had to see it and I hope there is not sequel. Mayor Carpenter recognized Councilmember Crawford who stated that he attended the TFMA Certification for Flood Plain Management this last week with a couple of city staff. Adiournment As there was no further business, Mayor Carpenter adjourned the meeting at 8:58 p.m. 4chae'IR.'Carpenter, Mayor ATT O iI ,Il rrenda Dennis, City Secretary 9 -05 -2017 Minutes Page -17 -