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 -