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08-29-2017 MinutesMINUTES REGULAR MEETING August 29, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 29, 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 Mayor Pro -Tern Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait City Attorney Dan Santee Assistant to the City Manager Sarah Gonzalez Deputy City Secretary Donna Schmoekel Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:02 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Davis) Councilmember Davis provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: Monday, September 4th City Offices Closed in Observance of Labor Day Friday, September 8th Ribbon Cutting — 3009 Hair Lounge 4:30 pm 2901 Ashley Oak Drive Saturday, September 9th Paws in the Pool Noon - 4:00 pm Pickrell Park Pool 8 -29 -2017 Minutes Page - 1 - Sunday, September 10th Paws in the Pool Noon - 4:00 pm Wendy Swan Park Pool Saturday, September 16th Schertz Pickrell Park SAVE THE DATE: Thursday, October 26th Simonson Volunteer Appreciation Dinner 6:30 pm Schertz Civic Center Friday and Saturday, October 27 -29 Skvliaht Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma This family friendly event features competitions, tethered balloon rides, food trucks, trackless train rides, vendors and musical concerts. Contact the Chamber at X 1950 for more information. 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 spoke about the effects of Hurricane Harvey in the Corpus Christi and Houston areas that were hard hit over the weekend and that those areas are still currently struggling with the storm. At least 22 of our own city staff members in Fire and EMS have been deployed to work with other volunteers from all over the state /country. Proclamation ® Proclamation recognizing National Payroll Week (M. Carpenter /Andrea Spanley- Jones) Mayor Carpenter read the proclamation honoring those in the payroll profession and presented it to Ms. Andrea Spanley -Jones from the San Antonio area. Ms. Jones thanked the Mayor for taking the time to recognize them. Hearing of Residents 8 -29 -2017 Minutes Page - 2 - • Mr. Charley Huff, 141 Will Rogers, who introduced himself to everyone, as he is a current . candidate running for a position on the SCUCISD board of directors. He stated you will soon be seeing some of his election signs in the area and if anyone has any questions or wants more info on his history/background to please get in touch with him. He also encouraged everyone to learn what they can about each candidate running for office this year and ask questions to allow yourself to vote for the person you feel is best suited. Workshop • Discussion and possible action regarding procedures to follow when filling an unexpected vacancy for any positions reporting directly to City Council. (Item requested by Councilmember Crawford) Mayor Carpenter recognized Councilmember Crawford who stated he wanted to bring this item forward since they learned a lot when recently addressing the sudden and unexpected vacancy of the Municipal Judge and he didn't know if we should discuss the process some more or not. Mayor Pro -Tem Edwards stated he feels we should discuss it some more in case the situation arises again. He feels it should be a one -day workshop at one of their future Council retreats. Councilmember Thompson concurred. Mayor Carpenter stated that then they would request that staff include this item in their next all -day workshop. • Discussion and possible action regarding the official naming of "No Name Park ". (B. James /C. VanZandt/L. Shrum) Mayor Carpenter recognized Parks and Recreation Director Chuck VanZandt who provided a powerpoint presentation. He said they went with Council's direction and took the item to the Parks Advisory Board. He said the park is located adjacent to the south bound side of the Schertz Parkway between the Ashley Place and Jonas Woods subdivisions and is about one acre in size and has no vehicular access. The City only became aware a few years ago that the land had been deeded over to the City —so at that time it began to be referred to as `No Name Park'. Staff will be working in the next fiscal year to install some exercise stations in the park. Couneilmember Larson arrived on the dais at 6:16 p.m. On June 13, 2017 Council discussed the naming of the park and asked that the item be taken to the Parks Advisory Board and that the Board consider the park to be named Earl Sawyer Park. The Parks Board naming policy speaks to geographical location, key ecological features, or a person (non - living) who contributed significantly to the acquisition or development of the park. The Board discussed the option of naming the park after Mayor Sawyer and considered other names as well. In each case, the Board could not come to a consensus on a name that would be a good fit. After much consideration, they unanimously voted to keep the `dubbed' name as `No Name Park.' Mayor Pro -Tem Edwards suggested they go back to relook at it. He is not in favor of leaving it as `No Name Park'. Councilmember Thompson suggested throwing it out to the 8 -29 -2017 Minutes Page - 3 - public for suggestions. Councilmember Larson really liked the `No Name Park'. Councilmember Davis said it is not a bad idea to maybe have some type of contest for other suggestions. He thinks there has to be a lot of other ideas out there for a name. Councilmember Crawford was neutral on the suggestions; he could go with any of them. Councilmember Kiser did not care for the No Name idea either, but was welcoming to have the residents submit their ideas. Councilmember Gutierrez said he could go either way but would look forward to citizen input. Mayor Carpenter recognized Councilmember Larson who made a motion to accept the recommendation of the Parks Advisory Board to maintain the current name of the park as `No Name Park'. He then rescinded his motion to allow Councilmember Thompson to make a different motion. Councilmember Thompson moved that they ask the Parks Board to open up a 30 -day window on the website /social media and have a contest with the appropriate criteria and see what happens. Mayor Pro -Tem Edwards said if he amended his motion to make it a 60 -day window, he would grant him a `second motion'. Councilmember Thompson amended the motion to reflect a 60 -day window. Mayor Carpenter called for a vote. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve asking the Parks and Recreation Board to open up a 60 -day window and ask for public input on considering other names for the No Name Park. The vote was 6 -1 -0 with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser and Crawford voting for and Councilmember Larson voting no. Motion passed. Mayor Carpenter moved to Item Number 8 of the agenda. 8. Resolution No. 17 -R -74 — Consideration and/or action approving a Resolution authorizing a program and expenditures as provided for in the Economic Development Performance Agreement between the City of Schertz Texas Economic Development Corporation and Ace Mart Restaurant Supply Company. (J. Kessel/K. Kinateder) The following was read into record: RESOLUTION NO. 17 -R -74 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND ACE MART RESTAURANT SUPPLY CO.; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EDC Executive Director Kinateder who stated The City of Schertz Economic Development Corporation (SEDC) seeks to provide an economic 8 -29 -2017 Minutes . Page - 4 - development incentive to Ace Mart to relocate and expand its transportation and warehousing operations to Schertz. The proposed agreement is in accordance with the City of Schertz Incentive Policy. Under the Economic Development Performance Agreement, Ace Mart will receive an Operations Grant worth $225,000 and six Annual Grants worth a portion of the total personal property taxes paid to the City of Schertz. Additionally, Ace Mart may receive an additional grant if they elect to purchase the Schertz facility. To qualify for the incentive, Ace Mart must execute their lease by September 1, 2017; commence operations by April 1, 2018; create and maintain 40 full time jobs; create an annual payroll of $1,178,750; maintain a minimum personal property of $5,671,160, plus 7% annual growth; and maintain a minimum of $8 million in sales tax collected by the City of Schertz for a period of six years as dictated in the performance agreement. The incentive will be paid through SEDC funds, no city - general funds will be used -for the project. The SEDC incentive package is worth approximately $400,000 and will provide a net benefit in tax collections of approximately $1.7 million for the City of Schertz. In the event that Ace Mart fails to comply with the agreement, Ace Mart will be required to repay the incentive as dictated in the performance agreement. Mr. Kinateder addressed questions /comments from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -74. The vote was unanimous with Mayor Pro -Tem Edwards, Couneilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter recognized Ace Mart Company representative Mr. Rob Vetter who stated Ace Mart is thrilled to become a corporate citizen here in Schertz. They have had their eye on this area for some time. They are one of the largest of their kind in Texas and one of the largest in the country. Their corporate office is only nine miles away in San Antonio on Austin Highway and Perrin - Beitel Road. He offered to give anyone a tour of their business facility whenever they wished. 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. 1. Minutes — Approval of the minutes of the Regular Meeting of August 22, 2017. (J. Kessel/B. Dennis/D. Schmoekel) 2. Boards, Commissions and Committee Member Appointments — Consideration and/or action approving the appointment of Ms. Rosalyn Wise as a Regular Member to the Historical Preservation Committee. (Mayor /Council/B. Dennis) 8 -29 -2017 Minutes Page - 5 - 3. Ordinance No. 17 -D -28 — Consideration and/or action approving an Ordinance amending Chapter 86, Article V, Section 86 -149 Parking Prohibited on the drainage inlet in Fairhaven Subdivision on Greenridge 20 feet in front of the emergency gate to the Scenic Hills Community Subdivision. Final Reading (B. James/K. Woodlee /C. Palomo) The following was read into record: ORDINANCE NO. 17 -D -28 AN ORDINANCE BY THE CITY COUNCIL, OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve consent items 1 -3. 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 4. Public Hearing on Proposed Budget for FY 2017 -18 — Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2017 -18 Budget. (Second PH required public hearing) (B. James /J. Walters) 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 22. There have been no further changes to the proposed budget. Mayor Carpenter opened the public hearing. As no one came forward to speak he closed the public hearing and opened it up for discussion by council. There were no further questions or comments from Council. Ordinance No. 17 -T -30 — Consideration and/or action approving an Ordinance on the proposed FY 2017 -18 Budget. First 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 8 -29 -2017 Minutes Page - 6 - A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Crawford to approve Ordinance No. 17 -T -30 first reading. 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. 5. Public Hearing on Proposed Tax Rate — Conduct a public hearing and consideration PH and/or action regarding the adoption of the FY 2017 -18 Tax Rate. (Second required public hearing) (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who also provided his powerpoint presentation in regard to the FY 2017 -18 tax rate. Mayor Carpenter opened the public hearing. As no one came forward to speak he closed the public hearing and opened it up for discussion by Council. There were no further questions from Council. Ordinance No. 17 -T -31 — Consideration and/or action approving an Ordinance on the proposed FY 2017 -18 Tax Rate, First Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 17 -T -31 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Councilmember Davis who moved, seconded by Mayor Pro - Tem Edwards to approve Ordinance No. 17 -T -31 first reading. 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. 6. 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. First Reading (B. James /J. Walters) The following was read into record: 8 -29 -2017 Minutes Page - 7 - ORDINANCE NO. 17 -M -34 AN ORDINANCE AUTHORIZING THE AMENDMENT OF GASB 54 FUND BALANCE STANDARDS, APPLICATIONS, AND POLICY OF TIM 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 defmitions, 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 powerpoint presentation and subsequently answered questions from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Crawford to approve Ordinance No. 17 -M -34 first reading. 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 -72 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement for EMS Billing Services with the City of Alamo Heights. (D. Wait/J. Mabbitt) The following was read into record: RESOLUTION NO. 17 -R -72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ; TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT FOR EMS BILLING SERVICES WITH THE CITY OF ALAMO HEIGHTS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EMS Director Jason Mabbitt who stated staff recommends City Council authorize the City Manager to enter into an inter -local agreement with the City of Alamo Heights for the provision of EMS Billing Services to be compensated at 9% of the total dollars collected. This will be a one -year agreement with four one -year automatic "renewal periods" that are effective unless either party terminates the agreement. This billing fee would be collected every month based upon the collections of that month and is a source of additional revenue for the EMS Department. 8 -29 -2017 Minutes Page - 8 - Mr. Mabbitt addressed comments and questions from Council. Mayor Carpenter recognized Councilmember Larson who moved, seconded by Mayor Pro - Tem Edwards to approve Resolution No. 17 -R -72. The vote was unanimous with Mayor Pro -Tem Edwards, Councihmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 9. Resolution No. 17 -R -76 — Consideration and/or action approving a Resolution Authorizing Agreements with the Texas Department of Public Safety. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 17 -R -76 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated the US Secretary of Defense is authorized by Federal law to transfer specific excess personal property items to law enforcement agencies for official use. The Governor of the State of Texas has designated the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office as the administrator of this program. The program is known as the 1033 Program or the Law Enforcement Support Office (LESO) Program. The Schertz Police Department has been involved in this program since 2015 and has been the recipient of various items to include an armored personnel carrier; MRAP. This is the annual renewal of this agreement. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -76. 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. 10. 'Ordinance No. 17 -D -32 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas establishing a public right -of -way management ordinance by the City of Schertz, Texas; regulating the physical use, occupancy and maintenance of city rights -of -way by wireless network providers; describing the purpose; providing definitions; requiring compliance with the city design manual and applicable codes for the installation of network nodes, node support poles, and transport facilities pursuant to chapter 284 of the Texas local government code; providing city procedures for applications for- permits; establishing time periods for approval of permit applications; providing application fees and annual public right -of -way rental rates; providing restrictions on placement of network nodes, node support poles and transport facilities in municipal parks, residential areas, historic districts and design districts; providing indemnity for the city; providing repealing and savings clauses; proving a Texas open meetings act clause; 8 -29 -2017 Minutes Page - 9 - declaring an emergency and providing an effective date of September 1, 2017. First and Final Reading (D. Wait) The following was read into record: ORDINANCE NO. 17 — D — 32 A PUBLIC RIGHT -OF -WAY MANAGEMENT ORDINANCE BY THE CITY OF SCHERTZ, TEXAS; REGULATING THE PHYSICAL USE, OCCUPANCY AND MAINTENANCE OF CITY RIGHTS -OF -WAY BY WIRELESS NETWORK PROVIDERS; DESCRIBING THE PURPOSE; PROVIDING DEFINITIONS; REQUIRING COMPLIANCE WITH THE CITY DESIGN MANUAL AND APPLICABLE CODES FOR THE INSTALLATION OF NETWORK NODES AND NODE SUPPORT POLES PURSUANT TO CHAPTER 284 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING CITY PROCEDURES FOR APPLICATIONS FOR PERMITS; ESTABLISHING TIME PERIODS FOR APPROVAL OF PERMIT APPLICATIONS; PROVIDING APPLICATION FEES AND ANNUAL PUBLIC RIGHT -OF -WAY RENTAL RATES; PROVIDING RESTRICTIONS ON PLACEMENT OF NETWORK NODES AND NODE SUPPORT POLES AND TRANSPORT FACILITIES IN MUNICIPAL PARKS, RESIDENTIAL AREAS, HISTORIC DISTRICTS AND DESIGN DISTRICTS; PROVIDING INDEMNITY FOR THE CITY; PROVIDING REPEALING AND SAVINGS CLAUSES; PROVING A TEXAS OPEN. MEETINGS ACT CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE OF SEPTEMBER 1, 2017. Mayor Carpenter recognized Mayor Pro -Tem Edwards who pointed out that the caption he had in front of him also had the wording `and transport facilities' in it. Mayor Carpenter recognized Executive Director Dudley Wait who stated since 2005, the City of Schertz has regulated the placement of wireless network equipment within the City of Schertz. This has been very successful for the City as we have both minimized the presence of wireless antennas and utilized our overhead water storage tanks as locations for cell antenna placement. With the changes in technology, wireless network providers have developed smaller equipment to supplement the data availability and band width of the traditional larger cellular antennas. These network providers desire to place this smaller equipment closer to large groupings of citizens and have been working to place these small "nodes" in the public right of ways on either City owned facilities (power poles, traffic signals, etc.) or by erecting their own small poles next to or near City owned poles. The City, like many others across the state, have forbidden these smaller devices from being placed in the public right of ways. However, the 85t` Session of the Texas Legislature passed SB 1004 that created Chapter 284 of the Texas Local Government 8 -29 -2017 Minutes Page - 10 - Code that prevents cities from forbidding these devices in the public right of way and establishes statewide regulation and fees for cities that desire to regulate this equipment. In this process the legislature did provide certain and specific rights of cities to regulate these network providers on size, appearance, location and methods of placing these devices in the public right of way. Our abilities to regulate this is spelled out very specifically in the legislation. City Staff believes we need to be prepared by the effective date of Senate Bill 1004 on September 1, 2017 to maximize the limited regulatory ability granted to us by the legislature. As such, we have developed the attached ordinance to establish right of way management practices for the placement of wireless network equipment. Legislation is very clear that we have to have our regulations in place by September 1, 2017 or wireless network providers can have almost unlimited access to our right of ways. The City has already been made aware of three placements that will be applied for as of September 1, 2017. With this meeting being the last meeting prior to September 1, 2017, Staff recommends declaring an emergency to pass this ordinance on a first and final reading. Mr. Wait re- enforced that if Council does not pass this ordinance we will have nothing in place at all by September 1; then we cannot manage our right of ways for these devices. Mr. Wait addressed other questions and comments from Council. Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 17 -D -32 first and final reading. 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. Mayor Carpenter stated that at a future meeting, whether it be the next meeting or the one following it, he would like to have a briefing from our city attorney, including anything they see as unorthodox, or other ways we can peaceably resist this new law from the legislature. He would like for the city attorney to prepare a few comments for Council at a future meeting of what they may think. City Attorney Dan Santee stated not all cities are being peaceful about this; there are at least two lawsuits that have already been filed (McAllen is one of the cities) or are going to be filed. It is challenging the constitutionality of the law. Cities are more used to dealing with a franchise, where you get to negotiate with a company for the use of your right of way at what the fee will be. What the legislature has now done is bypass that authority. He believes the City of Austin may be the other city who is challenging this statute as being in violation of the Federal Telecommunications Act. Meanwhile, they are advising their client cities to put something on the books because without anything, come September 1, permit 8 -29 -2017 Minutes Page - 11 - applications will start to come in and you won't have any way to deal with those. He said he would be happy to come up with a more detailed briefing and some updates. 11. Ordinance No. 17 -M -33 — Consideration and/or action approving an Ordinance by the City of Schertz, Texas, approving a Design Manual for the installation of network nodes, node support poles and transport facilities; and approving a pole attachment agreement regulating the installation of network nodes and transport facilities on city service poles and utility poles; declaring governing law; providing repealing and savings clauses; providing a Texas open meetings act clause; declaring an emergency and providing an effective date of September 1, 2017. First and Final reading (D. Wait) The following was read into record: ORDINANCE NO. 17 -M -33 AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS, APPROVING A DESIGN MANUAL FOR THE INSTALLATION OF NETWORK NODES, NODE SUPPORT POLES AND TRANSPORT FACILITIES; AND APPROVING A POLE ATTACHMENT AGREEMENT REGULATING THE INSTALLATION OF NETWORK NODES AND TRANSPORT FACILITIES ON CITY SERVICE POLES AND UTILITY POLES; DECLARING GOVERNING LAW; PROVIDING REPEALING AND SAVINGS CLAUSES; PROVIDING A TEXAS OPEN MEETINGS ACT CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE OF SEPTEMBER 1, 2017. Mayor Carpenter recognized Executive Director Dudley Wait who stated this is the next step. The 85f Texas Legislature passed Senate Bill 1004 that establishes uniform regulations that cities can utilize in the regulation of wireless network equipment being placed in the public right of way. This legislation restricts what many communities were already doing, but does establish some very clear guidelines that cities who desire to regulate this usage of the right of way have to follow. Staff has brought forth a Right of Way Management Ordinance for Council approval. This ordinance is a follow up to that management ordinance and establishes both a Design Manual for network nodes, node poles and transport facilities as well as adopting a collocation pole usage agreement. The Design Manual establishes, within the bounds of the legislation, the requirements we can place upon wireless network providers as they seek to deploy their technology in the right of way. These placements will have to follow the design manual or the placement will not be approved. The pole usage agreement establishes what is required of the wireless network providers who desire to utilize poles belonging to the City to mount their equipment. We would like to encourage the usage of some of our poles where appropriate to avoid the providers from placing their own poles next to ours and further cluttering up the right of way. This usage 8 -29 -2017 Minutes Page -12 - agreement would be used by all wireless providers desiring to utilize City poles to ensure a non - discriminatory environment for all wireless providers as required by legislation. Mr. Wait and City Attorney Dan Santee addressed questions and comments from Council. Mayor Carpenter stated he would like to schedule an executive session at our next city council meeting to seek advice from our City attorney to continue to delve into the risks that he sees and what would be appropriate /inappropriate, etc. Dan Santee stated that was fine and pointed out that what is passed tonight can also be amended at the next meeting or thereafter. The priority now is to have something that regulates this. As permits come in with different challenges, we will be better equipped to make other amendments. Mayor Carpenter stated that while he doesn't want to get ahead of what might be discussed in the executive session, he would maybe like to explore whether it would be appropriate for a committee of the City Council to act as a design review board where we would hear from an applicant and they would have to appear before us. It is something to think about. Mr. Wait addressed questions /comments from Council. Mayor Pro -Tem Edwards made a motion to approve Ordinance No. 17 -M -33 with the inclusion of a school or a YMCA art program by students for a design for use of the coverage of the aesthetics in our city on these poles. After several brief comments from other members on the dais, Mayor Pro -Tem Edwards rescinded his motion. Councilmember Larson stepped away from the dais at 8: 00 p.m. Mayor Carpenter stated he did have a motion and second on the floor and also a request to place on our agenda for next week consultation with our attorney in executive session and consideration and/or action approving and/or amending Ordinance No. 17 -M -33, somewhere on the agenda. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Crawford to approve Ordinance No. 17 -M -33 as stated, with possible changes in the future, first and final reading. The vote was unanimous with Mayor Pro - Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent from the dais. Motion passed. 12. Resolution No. 17 -R -77 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an Agreement with Green Valley Special Utility District and Triple H Development, LLC for the Exchange of Certificate of Convenience and Necessity related to the Development of Hallie's Cove. (D. Wait) The following was read into record: 8 -29 -2017 Minutes Page - 13 - RESOLUTION NO. 17 -R -77 A RESOLUTION BY THE CITY U0UNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT AND TRIPLE H DEVELOPMENT, LLC FOR THE EXCHANGE `'OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF HALLIE COVE Councilmember Larson returned to the dais at 8:02 p.m. Mayor Carpenter recognized Executive Director Dudley Wait who stated the planned Hallie's Cove Development off of FM 1518 near Trainer Hale Road is located within the boundaries of the City's Certificate of Convenience and Necessity (CCN) for drinking water and partially within the boundaries of the Green Valley Special Utility District's CCN for drinking water. Triple H Development has worked with the City and GVSUD to negotiate an exchange of CCN that will place the entire development within the City's CCN. GVSUD is agreeable to this exchange. Triple H Development will process the CCN exchange with the Public Utility Commission and no compensation will be due by any party to this agreement. He provided a map showing the boundaries. Mr. Wait addressed questions from Council. Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Gutierrez to approve Resolution No. 17 -R -77. 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. 13. Ordinance No. 17 -M -35 — Consideration and/or action approving an Ordinance amending The City of Schertz Code of Ordinances by establishing fees for Wireless Network Nodes, Node Support Poles and Transport Facilities desiring to be placed in the Public Right of Way, declaring an emergency and providing an effective date of September 1, 2017. First and Final Reading (D. Wait) The following was read into record: ORDINANCE NO. 17 -M -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES BY ESTABLISHING FEES FOR WIRELESS NETWORK NODES, NODE SUPPORT POLES AND TRANSPORT FACILITIES DESIRING TO BE PLACED IN THE PUBLIC RIGHT OF WAY, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE OF SEPTEMBER 1, 2017 8 -29 -2017 Minutes Page -14 - Mayor Carpenter recognized Executive Director Dudley Wait who stated the 85I' Legislature passed Senate Bill 1004 that establishes uniform regulations that cities can utilize in the regulation of wireless network equipment being placed in the public right of way. This legislation restricts what cities can do and allows for fees to be collected in the limited regulation that cities can provide. This ordinance will establish the state allowed fees in the City's fee schedule so that they can be collected to help offset the additional cost of regulating wireless network provider activities in the public rights of way. The fees being set are those specifically spelled out by SB 1004. In order to charge these fees to the initial wireless providers we anticipate will be desiring to place equipment in our rights of way on September 1, this ordinance must be in place prior to applications being received. Mr. Wait explained the different fees and stated their amounts. It is anticipated that at least three applications will be filed on September 1, 2017. It is unknown what the overall demand will be throughout the next fiscal year but it is anticipated the revenue will be minimal. Mr. Wait addressed questions and comments from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 17 -M -35 first and final reading. 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. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call vote for agenda items 1 -13. Requests and Announcements 14. Announcements by City Manager. No further announcements were made. 15. 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. An update on the following items (Requested by Mayor Pro -Tem Edwards and Councilmember Thompson) • Update regarding setting up an area for brush pick up. 8 -29 -2017 Minutes Page -15 - -Update regarding the next phase of the Skate Park. -Update regarding the electronic sign (currently inoperable) in front of City Hall. -Update regarding the upcoming annual TML Conference in Houston. -Update and progress of meetings with residents in Southern Schertz regarding JLUS /Land Use. Mayor Carpenter recognized Councilmember Davis who stated he would like to see (on a future agenda) the development of a committee and process that would address artwork in our community, whether it comes before Council, utilizes an existing committee or the creation of a new committee or arts council that would look into art projects, cataloging what we already have and addressing it's continued maintenance and reviewing and recommending future artworks or pieces of art throughout the community. The second piece of this would be some type of mechanism to fund potential artworks, something along the lines of what San Antonio does, with their 1% withhold that they do on their capital improvement projects that helps fund art projects throughout various parts of the city that would help our aesthetics and help make us the number one community in the northeast area. Mayor Carpenter stated this was a great idea and suggested this occur in the next 30 days. 16. 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 Mayor Pro -Tem Edwards who stated he had an opportunity to travel up to New York, West Point, to see his son get his class ring. He also attended the grand opening of the Gehan Homes in Misty Woods —a great property. Mayor Carpenter recognized Councilmember Gutierrez who attended a city staff meeting last Friday on providing information regarding the preparations for dealing with Hurricane Harvey. He commends the city staff for their preparations in the face of possible disaster. He also thanks any citizen(s) who may have opened their doors to assist family or friends in need of a safe place during the hurricane. Mayor Carpenter recognized Councilmember Thompson who extended congratulations to Mr. Kessel, Public Works employees and others beginning the desilting process in our main drainage area in Live Oak this current year and continuing the funding to do so in the next fiscal year. He also commended the 22 staff members of the city who are assisting in the Houston area as well as those staff members remaining here to cover their shifts for them and take on extra duties. This is truly a team effort. 8 -29 -2017 Minutes Page - 16 - Mayor Carpenter recognized Councilmember Kiser who echoed the sentiments of the others regarding Hurricane Harvey and our staff who have volunteered their assistance; it is appreciated by anyone affected by that disaster. She encouraged anyone who can help in any way and said the Red Cross is asking for donations, both monetary and other items. Mayor Carpenter stated we did step up our Emergency Center Operations preparation as the hurricane approached. It is something we have done only a few times. We had a procedure already 10 years ago, and it has become more refined through the years. We learned a lot during the flood of 1998 and we continue to apply those lessons. One of the benefits our first responders /rescue personnel get from assisting others today is the real life disaster and search and rescue experience and they will be more prepared to assist us in our own community should there ever be a need in the future. Adi ournment As there was no further business, Mayor Carpenter adjourned the meeting at 8:25 p.m. Mi ael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary 8 -29 -2017 Minutes Page -17 -