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01-21-2014 Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL January 21, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Corey Webb, Everyday Christian Fellowship Church) City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Presentation/proclamation recognizing Marshal Beverly Todd and the transfer of the City Marshal badge. (J. Bierschwale/Mayor Carpenter) Oath of Office - Oath of Office administered to newly appointed City Marshal Michael Harris — (B. Dennis) • Presentation and update regarding the landscape islands in the Greenshire Subdivision (B. James/K. Woodlee /L. Busch) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 01 -21 -2014 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Worksession • Discussion and direction regarding honoring or memorializing former Mayors of the City. (D. Harris /D. Harris) Consent Agenda Items The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 14, 2014. (J. Kessel /B. Dennis) 2. Resolution No. 14 -R -07 — Consideration and /or action approving a Resolution authorizing the extension for one year of the Bank Depository Agreement with Schertz Bank & Trust, and other matters in connection therewith. (B. Cantu/J. Santoya/R. Galindo) 3. Resolution No. 14 -R -09 - Consideration and/or action approving a Resolution appointing Cedric Edwards to the Lone Star Rail District Board for a term beginning January 2014 and expiring February 2016. (J. Kessel /Council) 4. Resolution No. 14 -R -10 — Consideration and/or action approving a Resolution authorizing a Grant Acceptance related to the Texas Traffic Safety Program, and other matters in connection therewith. (J. Bierschwale/M. Hansen) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 01 -21 -2014 City Council Agenda Page - 2 - 8. 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 • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Reconvene into Regular Session 9. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, JACKIE GAINES, EXECUTIVE ASSISTANT OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 17th DAY OF JANUARY 2014 AT 11:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. JACKA CAA I N ES ackie Gaines, Executive Assistan I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: 01 -21 -2014 City Council Agenda Page - 3 - This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619 -1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee Committee TIRZ II Board Councilmember Scnliola — Place 2 Councilmember John - Place 3 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 01 -21 -2014 City Council Agenda Page - 4 - Workshop CITY COUNCIL MEMORANDUM City Council Meeting: January 21, 2014 Department: City Manager Subject: Workshop— Discussion and direction to staff regarding honoring or memorializing former Mayors of the City. BACKGROUND Goal To open discussion regarding an appropriate manner to honor or memorialize former leaders at the City to include possibly naming or renaming streets or facilities. Community Benefit Provide for the recognition of individuals who have made contributions to the City. Summary of Recommended Action At this point, only direction is being sought by staff concerning the possible recognition of Civic leaders. Schertz has been fortunate to have visionary municipal leaders that shaped the City in many ways from helping establish the first library to expanding the City's boundaries. Below is a listing of Mayors, the years they were in office, and streets or facilities named for some of them: H. P. Thulemeyer 1958- 1960 - -Park located at Oak and Aero Streets. Roy W Richard 1960- 1972FM 3009 named in his memory. Jesse W Graham 1972 -1973 Robert C Bueker 1973 -1980 Jack M Stomackin, Sr 1980 -1982 Earl W Sawyer 1982 -1994 Harold D Baldwin 1994 - 2012 — Municipal Complex named in his memory. 50448595.1 City Council Memorandum Page 2 While at the Texas Municipal League conference Mayor Carpenter, Councilmember Edwards, and staff had discussion about ways to recognize the contributions of past leaders. Below is a listing of former City leaders, some of their contributions, and a list of possible naming options: Jesse W Graham was Mayor from 1972 -1973. He led the Council during the change from General Law to Home Rule governance though he was the shortest - tenured Mayor. One possible naming opportunity is to name either the current or future bridge between the Schertz Ballpark and the Samuel Clemens High School parking lot in his memory. Robert C Bueker was Mayor from 1973 -1980. He worked with property owners to push the City Limits from Live Oak Road into what are now the Verde Enterprise Industrial Park and the Tri- County Industrial Park. One option is to name one of the Industrial Parks in his memory. Jack M Stomackin, Sr was Mayor from 1980 -1982. He worked to expand the City Limits North along I -35 to New Braunfels. One possible option is to name FM 1103 from the City Limits with Cibolo to I -35 in his memory. Earl W Sawyer was Mayor from 1982 -1994. He was a major proponent for youth sports. One possible naming option would be the Ballpark at the Hal Baldwin Complex. Hal Baldwin was Mayor from 1994 -2012. Mayor Baldwin, the longest serving Mayor of the City to date, had several initiatives he championed including the push for the City's participation in the Austin -San Antonio Commuter Rail District (d/b /a Lone Star Rail District). Council may want to consider discuss naming in his memory a future road from the intersection of I -35 and Wiederstein Road to the future train station of the Lone Star Rail. One non -Mayor who was discussed was late Councilmember Tony Wilenchik who served for eight years until his death in September 2009. Among his many contributions while on the Council, he was an advocate for animals and actively involved with the Schertz Homes for Pets organization. One possible option for renaming is the perimeter road that runs through the Hal Baldwin Municipal Complex which is currently named Community Circle. He was an avid runner; one option is to name one of the trails —such as along Schertz Parkway—or a future trail in his memory. Another option is naming the new Animal Adoption Facility for him. Lastly, should the Council decide it is interested in pursuing the naming of certain City streets or facilities for someone, there are a few options to consider: • Rename the street —This involves changing the name of an existing street. In a much publicized debate, in 2011 San Antonio renamed Durango Boulevard as Cesar E. Chavez Boulevard. This road is also honorary named for late U.S. District Judge H. F. "Hippo" Garcia. City Council Memorandum Page 3 Honorary Naming of an existing public streetIn a honorary naming, the street retains its official name and suitable sign are installed along the route denoting the honorary naming. This is what Universal City has done on Universal City Boulevard, providing an honorary name, "Heroes Boulevard," while maintaining the existing name; San Antonio applied an honorary name to Commerce Street, designating it as "Rosa Parks Memorial Way." • Buildings and other facilities can also be named or honorary named. FISCAL IMPACT The costs associated with renaming streets and facilities will vary by project and will be provided once project scope is better defined. RECOMMENDATION Council is to discuss and provide direction to staff on how to proceed. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 21, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on January 14, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on January 14, 2014. ATTACHMENT Minutes — regular meeting January 14, 2014 MINUTES REGULAR MEETING January 14, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 14, 2014, 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 David Scagliola Councilmember Cedric Edwards Councilmember Matthew Duke Staff Present: Executive Director David Harris Executive Director Brian James City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Mayor Pro -Tem Jim Fowler and Councilmember Daryl John were absent. Call to Order Mayor Carpenter called the Regular Meeting to order at 6:04 p.m. Invocation and Pledges of Allegiance to The Flags of The United States and The State of Texas I law -41wr Reverend Linda Montgomery, Schertz United Methodist Church, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter mentioned that the portraits of the Mayors were moved this evening, as the City found out that these were the only copies and staff is having them duplicated. City Evmts and Announcements • Anr , mcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) Mayor ter reco ; ized Executive Director of Support David Harris who provided the following an � ce is and upcoming events: • Tuesda)�PJanuary 14, 2014 - Cell Phone Rollover - Bring in your cell phones to the IT Department - no appointment necessary. • Wednesday, January 15, 2014 - Schertz Chamber After Hours Mixer - Service King Collision Center, 2317 Pat Booker Road, Universal City - 5:30 p.m. to 7:00 p.m. • Saturday, January 18, 2014 Selma- Schertz 5K Run, proceeds benefit Operation Comfort - Race starts at 9:00 a.m. from the Bluebonnet Palace. Mayor Carpenter and Mayor Daly to arrive at 8:30 a.m. Point of Contact is Director of Parks and Recreation George Logan at phone number 210 - 619 -1851. 1 -14 -2014 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated today the City hosted the Schertz Chamber of Commerce Core Leadership Group, where they performed a mock City Council meeting. Mr. Kessel recognized and thanked the following staff members for their participation and success of the event: Executive Director of Development Brian James, Budget/Finance Analyst James Walters, GIS Coordinator Tony McFalls, Director of Development Services Michelle Sanchez, Senior Planner Lesa Wood, Parks, Recreation and Community Services Director George Logan, Fire Chief David Covington and others who were present. Mr. Kessel also recognized Deputy City Secretary Donna Schmoekel, stating that she has been celebrating her birthday week and wished her a happy birthday. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: Mrs. Maggie Titterington, Schertz Chamber of Commerce President who provided the following information on the upcoming events: • Tuesday, January 14th 2014 — Leadership Core meeting — stating it was a great success and thanked the City of Schertz. • Wednesday, January 15, 2014 — Schertz Chamber After Hours Mixer — Service King Collision Center, 2317 Pat Booker Road, Universal City — 5:30 p.m. to 7:00 p.m. • Thursday, January 16, 2014 — Re -Grand Opening/Ribbon Cutting Ceremony Re /Max Corridor — 17156 IH 35 — 4:00 p.m. • Saturday, January 25, 2014 — Health & Wholeness Fair hosted by Schertz Chamber of Commerce — Schertz Civic Center — 1:00 p.m. to 3:00 p.m. Mrs. Titterington stated that the Chamber has sent out their new Business Directory. Mrs. Titterington provided updated information from TxDOT stating that the project should be completed by February 3, 2014. She stated that the contractor has been given an incentive 1 -14 -2014 Minutes Page - 2 - to finish early. She stated that they would receive $3,600 per day if they finish before the February 3, 2014 date; she also stated that they would be given a $3,600 per day penalty charge if not completed by that date. Lastly, Mrs. Titterington stated that the "Project Graduation" for Clemens and Steel High Schools is being planned and that volunteers and donations are needed. Please contact the Schertz Chamber for more information. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval p the minutes of the Regular Meeting of January 7, 2014. (J. Kessel /B. Dennis) 2. Resolution No. 14 -R -06 — Consideration and/or action approving a Resolution appointing Jake Jacobs to the Board of Directors of the Schertz Seguin Local Government Corporation, and other matters in connection therewith. (J. Bierschwale /J. Bierschwale) The following was read into record: RESOLUTIONNO.I A RESOLUTION BY THE CITY COUNCIL O1q1WE CITY OF SCHERTZ, APPOINTING JAKE JACOBS TO THE BOARD IRECTORS OF THE SCHERTZ SEGUIN LOCAL GOVERNMENT CO RATION, AND OTHER MATTERS IN CONNECTION THEREWITH 3. Ordinance No. 14 -M -03 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz approving a Boundary Adjustment Agreement with the City of Cibolo, Texas, and adjusting the boundaries of the City of Schertz, Texas in accordance with such Agreement; repealing all Ordinances or parts of Ordinances in conflict with the Ordinance; and providing an effective date. Final Reading (B. James/B. James) e following was read into record: ORDINANCE NO. 14 -M -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF CIBOLO, TEXAS, AND ADJUSTNG THE BOUNDARIES OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH SUCH AGREEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. 4. Resolution No. 14 -R -01 — Consideration and /or action approving a Resolution approving and authorizing an agreement for a Right -of -Way Dedication along Maske Road from Peter S. Velasco and Pamela R. Velasco in connection with the Maske Road Waterline Project and authorizing the acceptance of such Right -of -Way dedication by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) 1 -14 -2014 Minutes Page - 3 - The following was read into record: RESOLUTION NO. 14 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A RIGHT -OF WAY DEDICATION ALONG MASKE ROAD FROM PETER S. VELASCO AND PAMELA R. VELASCO IN CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH RIGHT- OF-WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 4( 5. Resolution No. 14 -R -02 — Consideration and/or action approving °a esolution approving and authorizing an agreement for a Right -of -Way Dedication along Maske Road and a Utility Easement and Temporary Construction Easement on FM 1518 and Maske Road from AMME Holdings, LLC in connection with the Maske Road Waterline Project and authorizing the acceptance of such Right -of -Way dedication by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -02 0, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A RIGHT -OF WAY DEDICATION ALONG MASKE ROAD AND A UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON FM 1518 AND MASKE ROAD FROM AMME HOLDINGS, LLC IN CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH RIGHT -OF -WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor\ Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Scagliola, to approve consent agenda items 1 -5. The vote was unanimous with Councilmembers Scagliola, Edwards and Duke voting yes and no one voting no. Mayor Pro -Tem Fowler and Councilmember John were absent. Motion Carried Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 5. Requests and Announcements 6. Announcements by City Manager 1 -14 -2014 Minutes Page - 4 - • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 8. Requests by Mayor and Councilmembers to City Manager nd No requests for information. A� 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended 1s • 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 • Upcoming City Council agenda items '- Ne Mayor Carpenter recognized uncilmember Scagliola who stated that Saturday, January 11, 2014, he attended the BAR -Y rganization meeting, which supports youth in Agriculture event at the Knights of Col s. Mayor Carpenter stated t at'he attended a ground breaking event for his employer in San Antonio and met Bexar County Commissioner Kevin Wolff. Commissioner Wolff also mentioned the great things the City of Schertz has been doing. He stated that the Economic Development Corporation has built a great reputation that is getting attention to our neighbors to the South. I Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; 1 -14 -2014 Minutes Page - 5 - Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Mayor Carpenter recessed the regular meeting into executive session at 6:24 p.m. Reconvene into Reizular Session Mayor Carpenter reconvened the meeting at 7:25 p.m. 10. Take any action deemed necessary as a result of the Executive No action taken. Adjournment As there was no further business, the meeting was adjourned at 7 5 p.m. ATE City Mayor, Michael R. Carpenter 1 -14 -2014 Minutes Page - 6 - Agenda No.2 CITY COUNCIL MEMORANDUM City Council Meeting: January 21, 2014 Department: Finance Subject: Resolution No. 14 -R -07 One -Year Extension for Depository Agreement with Schertz Bank and Trust BACKGROUND This agreement is for the final one -year extension with Schertz Bank and Trust for bank depository services. The term of the agreement will be from February 1, 2014 to January 31, 2015. The City entered into a Bank Depository Agreement with Schertz Bank and Trust on February 1, 2010 as authorized by resolution 10 -R -01. The agreement was for a 3 -year term with two options for one -year extensions. The first one -year extension was approved by Resolution 13 -R -03 on January 15, 2013. Goal To authorize a one -year extension for bank depository services agreement as per resolution 14 -R -07 Community Benefit The community benefits by having a current agreement for bank depository services. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 14 -R -07 ATTACHMENTS Resolution No. 14 -R -07 Bank Depository Agreement One -Year Extension Authorized Representatives RESOLUTION NO. 14 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXTENSION FOR ONE YEAR OF THE BANK DEPOSITORY AGREEMENT WITH SCHERTZ BANK & TRUST, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff entered into a bank depository agreement with Schertz Bank & Trust on February 1, 2010 per resolution 10 -R -01 for a three -year term with two options for one - year extensions; and WHEREAS, the City Council has determined that it is in the best interest of the City to extend the bank depository agreement for the final year pursuant to the Bank Depository Agreement attached hereto as Exhibit A (the "Agreement ") BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Schertz Bank & Trust in substantially the form set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of January, 2014. ATTEST: City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter -2- Exhibit A Bank Depository Agreement -3- BANK DEPOSITORY AGREEMENT This Bank Depository Agreement (the "Agreement ") is made and entered into this first (1S) day of February, 2014 by and between City of Schertz (the "City ") and Schertz Bank & Trust (the "Bank "), a bank chartered by the State of Texas. The City and the Bank entered into a Bank Depository Agreement (the "original agreement ") on February 1, 2010 for a term of three years with two one -year extensions. This Bank Depository Agreement is being entered into to document the City's and the Bank's exercise of the final one- year extension under the original agreement. Section I Designation as Depository The City, through action of its Governing Body, hereby designates the Bank as its depository for banking services for a one (1) year period commencing February 1, 2014 and extending through January 31, 2015. Section II Designation of Custodian The City and Bank hereby designate the Frost Bank (the "Custodian ") to hold in trust, according to the terms and conditions of the City Request for Proposal, dated October 1, 2009 (the "RFP ") and pursuant to the Safekeeping Agreement. All securities pledged as depository collateral is in accordance with the City's Investment Policy. Any and all fees from the Custodian associated with the safekeeping of securities pledged to the benefit of the City shall be borne by the Bank. Section III Collateral City time and demand deposits, inclusive of interest, in excess of the Federal Deposit Insurance Corporation insurance shall be secured at all times by collateral, acceptable to the City and in accordance with the Public Funds Collateral Act (Texas Government Code 2257), pledged by the Bank and held in trust by the Custodian in an amount equal to at least 102% of the total of those funds. Custodian will provide a monthly report of the collateral directly to the City. Such pledged securities shall be subject only to the joint written instructions of both (a) authorized representatives of the City and (b) specifically authorized representatives of the Bank. The Bank shall have the right, with the prior written consent of the City, to substitute or replace any or all of the pledged securities with collateral acceptable to the City. Section IV Financial Position The Bank will provide a statement of its financial position on at least a quarterly basis. The Bank will provide an annual statement prepared by its independent auditors. Section V Authorized City and Bank Authorized Representatives For the term of this contract, the City and Bank designate the individuals listed in Exhibit A as City of Schertz Authorized Representatives and Schertz Bank & Trust Authorized Representatives to represent and act on behalf of the City or Bank in any and all matters including collateral assignment and substitution, and execution of agreements and transfer of funds. Any change in these representatives will be made in writing and signed by the party changing its authorized representatives. Section VI Scope of Services The Bank's response to the City's RFP, dated October 1, 2009 (the "Response ") is incorporated into this Agreement for all purposes; refer to RFP for detailed scope of services. If any provisions of the Response and this Agreement are in conflict, this Agreement will control. The City shall be required to designate which option for demand deposit accounts is preferred. The Bank shall faithfully perform all of its duties and obligations required by the laws of the State of Texas for public funds depositories and shall upon presentation pay all checks drawn on it against collected funds on demand deposits, and shall, at the expiration of the Agreement, turn over to its successor all funds, City -owned securities, property and things of value held as depository. The City shall have the power to determine and designate the character and amount of the funds to be deposited in the Bank. The City may arrange for time deposits and Bank may accept such deposits subject to the terms of the Bank's Response. This Agreement, along with all Exhibits and other incorporated documents shall constitute the entire Agreement between the parties. Section VII Bank Compensation Bank will be compensated for any and all services rendered to City under this Agreement. Bank agrees to offset monthly service fees against its customary earnings credit for balances in City's own - interest bearing accounts. Section VIII Default The Bank shall be in default if it fails to pay all or part of a demand deposit, a matured time deposit, or a matured certificate of deposit, including accrued but unpaid interest, at a specified maturity date. The Bank shall also be in default if ruled "bankrupt ", "insolvent" or "failed" by a federal or state banking regulator, or if a receiver is appointed for the Bank. In the event of a default, failure or insolvency of the Bank, the City shall be deemed to have vested full title to all securities pledged under this Agreement. The City is empowered to take possession of and transfer and or sell any and all securities. If the security is liquidated, any proceeds over the defaulted amount, plus expenses related to liquidation, shall be returned to the Bank. This power is in addition to other remedies which the City may have under this Agreement and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the City under this Agreement. Section IX Non - Assignability This Agreement is not assignable in whole or in part but is binding on the parties, their successors and assigns. Section X Termination This Agreement may be terminated by either the City or the Bank by giving thirty (30) days prior written notice to the parties. Section XI Law Governing All applicable provisions and requirements of the laws of the State of Texas and the FDIC governing depositories for the City shall be a part of this Agreement. Section XII Bank Authorization The Bank represents and warrants that this Agreement is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. City of Schertz, Texas a Texas Municipal Corporation By: John C. Kessel, City Manager ATTEST: Brenda Dennis, City Secretary Schertz Bank & Trust Schertz, Texas By: Mark Sunderman, President ATTEST: Wendy Griffin, Cashier Exhibit A Authorized Representatives For the term of this agreement, the City and the Bank designate the individuals listed below as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to Bank officials, execution of agreements and transfers of funds. Any changes in these representatives by either party will be made in writing to the other party. CITY OF SCHERTZ AUTHORIZED REPRESENTATIVES John C. Kessel, City Manager John E. Bierschwale, Executive Director David J. Harris, Executive Director Brian James, Executive Director Bob Cantu, Chief of Staff Juan F. Santoya, Jr., Finance Director Robert Galindo, Assistant Finance Director SCHERTZ BANK & TRUST AUTHORIZED REPRESENTATIVES Mark Sunderman, President Wendy Griffin, Cashier BANK DEPOSITORY AGREEMENT This Bank Depository Agreement (the "Agreement ") is made and entered into this first (0) day of February, 2014 by and between City of Schertz (the "City ") and Schertz Bank & Trust (the "Bank "), a bank chartered by the State of Texas. The City and the Bank entered into a Bank Depository Agreement (the "original agreement ") on February 1, 2010 for a term of three years with two one -year extensions. This Bank Depository Agreement is being entered into to document the City's and the Bank's exercise of the final one- year extension under the original agreement. Section I Designation as Depository The City, through action of its Governing Body, hereby designates the Bank as its depository for banking services for a one (1) year period commencing February 1, 2014 and extending through January 31, 2015. Section II Designation of Custodian The City and Bank hereby designate the Frost Bank (the "Custodian ") to hold in trust, according to the terms and conditions of the City Request for Proposal, dated October 1, 2009 (the "UP ") and pursuant to the Safekeeping Agreement. All securities pledged as depository collateral is in accordance with the City's Investment Policy. Any and all fees from the Custodian associated with the safekeeping of securities pledged to the benefit of the City shall be borne by the Bank. Section III Collateral City time and demand deposits, inclusive of interest, in excess of the Federal Deposit Insurance Corporation insurance shall be secured at all times by collateral, acceptable to the City and in accordance with the Public Funds Collateral Act (Texas Government Code 2257), pledged by the Bank and held in trust by the Custodian in an amount equal to at least 102% of the total of those funds. Custodian will provide a monthly report of the collateral directly to the City. Such pledged securities shall be subject only to the joint written instructions of both (a) authorized representatives of the City and (b) specifically authorized representatives of the Bank. The Bank shall have the right, with the prior written consent of the City, to substitute or replace any or all of the pledged securities with collateral acceptable to the City. Section IV Financial Position The Bank will provide a statement of its financial position on at least a quarterly basis. The Bank will provide an annual statement prepared by its independent auditors. Section V Authorized City and Bank Authorized Representatives For the term of this contract, the City and Bank designate the individuals listed in Exhibit A as City of Schertz Authorized Representatives and Schertz Bank & Trust Authorized Representatives to represent and act on behalf of the City or Bank in any and all matters including collateral assignment and substitution, and execution of agreements and transfer of funds. Any change in these representatives will be made in writing and signed by the party changing its authorized representatives. Section VI Scope of Services The Bank's response to the City's RFP, dated October 1, 2009 (the "Response ") is incorporated into this Agreement for all purposes; refer to RFP for detailed scope of services. If any provisions of the Response and this Agreement are in conflict, this Agreement will control. The City shall be required to designate which option for demand deposit accounts is preferred. The Bank shall faithfully perform all of its duties and obligations required by the laws of the State of Texas for public funds depositories and shall upon presentation pay all checks drawn on it against collected funds on demand deposits, and shall, at the expiration of the Agreement, turn over to its successor all funds, City -owned securities, property and things of value held as depository. The City shall have the power to determine and designate the character and amount of the funds to be deposited in the Bank. The City may arrange for time deposits and Bank may accept such deposits subject to the terms of the Bank's Response. This Agreement, along with all Exhibits and other incorporated documents shall constitute the entire Agreement between the parties. Section VII Bank Compensation Bank will be compensated for any and all services rendered to City under this Agreement. Bank agrees to offset monthly service fees against its customary earnings credit for balances in City's own - interest bearing accounts. Section VIII Default The Bank shall be in default if it fails to pay all or part of a demand deposit, a matured time deposit, or a matured certificate of deposit, including accrued but unpaid interest, at a specified maturity date. The Bank shall also be in default if ruled "bankrupt ", "insolvent" or "failed" by a federal or state banking regulator, or if a receiver is appointed for the Bank. In the event of a default, failure or insolvency of the Bank, the City shall be deemed to have vested full title to all securities pledged under this Agreement. The City is empowered to take possession of and transfer and or sell any and all securities. If the security is liquidated, any proceeds over the defaulted amount, plus expenses related to liquidation, shall be returned to the Bank. This power is in addition to other remedies which the City may have under this Agreement and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the City under this Agreement. Section IX Non - Assignability This Agreement is not assignable in whole or in part but is binding on the parties, their successors and assigns. Section X Termination This Agreement may be terminated by either the City or the Bank by giving thirty (30) days prior written notice to the parties. Section XI Law Governing All applicable provisions and requirements of the laws of the State of Texas and the FDIC governing depositories for the City shall be a part of this Agreement. SectionXII Bank Authorization The Bank represents and warrants that this Agreement is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. City of Schertz, Texas a Texas Municipal Corporation John C. Kessel, City Manager ATTEST: Brenda Dennis, City Secretary Schertz Bank & Trust Schertz, Texas By: M.11-4, ,, Mark Sunderman, President ATTEST: wa. Wendy Gri n Cashier CITY OF SCHERTZ CONTRACT APPROVAL FORM A. To be completed by Department Head Contract with: 5T7 /L %GIST Contract amount: $ B. Contract for: Contract purpose and amount in the budget: Ef yes ❑ no - budget amendment req'd ❑ no -exempt because Funds available to pay Contract: y-es/ Fund/Account to be charged: 0 - rD0 Contract required to be bid: 11 13� yes no Bidding completed: ❑ yes N4NA (bidding not reqnui'red) Bidding exemption: (if bidding is not required state reason): 1lm"- YGRdL 0 >C OR I l7//1 &_ ew7mc7'r Contact approved by City Council: Gf yes ❑ no Date of City Council approval: 1- 5 -e2O1 0 AVI)d ❑ NA (if approval is not req'd) -'z 0� 3 If not approved by City Council, state reasonn:�_ No blanks or missing exhibits in contract: 2 yes Terms of contract reviewed and approved by Deportment Head: @-yes Contract termination date: 1 'J1� 1� Contract renewal date: Contract reviewed and approved by City Attorney: ❑ yes111"not requested Contract reviewed and approved by City Engineer: ❑ yes L�l not requested Signature by City Manager reconnnend Gd YES Department Head's signature: Date: To be completed by Finance Director CI' ❑ NA Contract purpose and amount in the budget: yes ❑ no - budget amendment req'd ❑ no -exempt because Funds available to pay Contract: IB' es Fund/Account to be charged: /0/- 5 0 0 Finance Director's signature: Date: C. To be completed by Purchasing and Asset Man ement Director Contract reviewed and approved for insurance, warranty, severability and indemnity requirements: Oyes Contract properly bid in accordance with City Purchasing Policy ❑ yes l( NA 6"4i.4 � p,{v 6w (Ayr/ Signature by City Manager recommended: L9"YES Purchasing and Asset Management Director's signature: v ate: D. To be conpleted by Executive Director- Contract reviewed and approved: yes 11 no Contract Funding approved: 0-;-es ❑ no Fund/Account to be charged: Signature by City Manager recommended: 9' Executive Director's Signature: / /4 E. To be completed by Chief of Staff I Contract Approval Form completed: yes ❑ n Budget amendment required: ❑ yes no Signature by City Manager recommended: Y ritoiy Chief of Staff Signature: Date: F. City Secretary Date fully- executed contract received by City Secretary: Filed as: Revised November 25, 2013 Date filed to Laserfiche: Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 21, 2014 Department: Council Subject: Resolution No. 14 -R -09 appointing Councilmember Cedric Edwards to the Lone Star Rail Board BACKGROUND As discussed on December 3, 2013, the City of Schertz appoints one member to the Lone Star District Board of Directors. With the result of the November 5, 2013 General Election, it was unanimously approved by minute order that Councilmember Cedric Edwards be appointed. The attached Resolution put in documentation Councilmember Cedric Edwards' appointment effective January 2014 with a term to expire February 2016. In accordance with the Rail District's governing statute (Texas Civil Statutes Article 6550c -1) and bylaws, each Board member serves a two -year term; additionally, the terms are staggered so that one -half of the Board members' term expires on February 1 of each year to ensure Board continuity. RECOMMENDATION City Council shall officially approve Resolution No. 14 -R -09 appointing Councilmember Cedric Edwards to the Rail District Board to represent the City of Schertz. ATTACHMENTS Resolution No. 14 -R -09 RESOLUTION NO. 14 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING COUNCILMAN CEDRIC EDWARDS TO THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has been a member of the Lone Star Rail District since 2007 and the City Council appoints one member to the Lone Star Rail District Board of Directors; and WHEREAS, in accordance with the Rail District's governing statute (Texas Civil Statutes Article 6550c -1) and bylaws, each board member serves a two -year term; additionally, the terms are staggered so that one -half of the board members' terms expire on February 1 each year to ensure board continuity; and WHEREAS, on December 3, 2013 the Council by minute order appointed Councilmember Cedric Edwards to represent the City of Schertz. This appointment is for January 2014 for a two -year term to run to February 1, 2016; and WHEREAS, The City Council has determined that it is in the best interest of the City to appoint Councilmember Cedric Edwards to the Lone Star Rail District Board of Directors for the unexpired term. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council appoints Councilmember Cedric Edwards to serve on the Lone Star Rail District Board of Directors for the Term as indicated. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is official found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after is final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Workshop • Discussion and consideration and/or action regarding Council Liaison positions on the various City boards and commissions. (Mayor Carpenter /Council) • ASA Commuter Rail District Board — Lone Star — effective Jan. 1, 2014 • Audit Committee • Investment Committee • Randolph Joint Land Use Study (JULUS) Executive Committee Mayor Carpenter stated that from time to time Council takes the opportunity to reevaluate their roles and assignments on the various City Council liaison assignments within the City. Mayor Carpenter stated that with Councilmember John and Councilmember Duke recently being elected, Council will need to discuss the vacancies and assign Council liaisons. Mayor and Council discussed the vacancies and it was agreed on the following assignments: • Councilmember Edwards: ASA Commuter Rail District Board • Councilmember Duke: Audit Committee & Investment Committee • Mayor Pro -Tem Fowler; Randolph Joint Land Use Study (JULUS) Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tern Fowler, to approve the assignments as noted. The vote was unanimous with Mayor Pro -Tent Fowler, Councilmemhers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Consent Aeenda Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 18, 2013. (J. Kessel/B. Dennis) 2. Ordinance No. 13 -T -57 — Consideration and/or action approving an Ordinance authorizing a budget adjustment in the amount of $135,086 from the Water Construction Rinds for the relocation of the 16 -inch high pressure reuse waterline owned and operated by the Cibolo Creek Municipal Authority that is located in the future planned extension of Live Oak Road to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; repealing all Ordinances or Parts of Ordinances in conflict with the Ordinance; and providing an effective date. Final Reading (J. Bierschwale /J. Hooks) The following was read into record: ORDINANCE NO. 13-T-57 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $135,086 FROM THE WATER CONSTRUCTION FUNDS FOR THE RELOCATION OF TIE 16- 12 -03 -2013 Minutes Page -4 - Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 21, 2014 Department: Police Department Subject: Resolution No. 14 -R -10 - Texas Traffic Safety Program Grant BACKGROUND The City has been approved for a Texas Traffic Safety Program Grant for the traffic enforcement of impaired drivers in the amount of $23,795.17 of which $19,016.50 is eligible for reimbursement. Chief Hansen recommends the acceptance of the grant. Goal Provide funding for increased traffic enforcement specifically for impaired drivers. Community Benefit Provide for a safer community with increased officer presence and enforcement. Summary of Recommended Action The acceptance of the Texas Traffic Safety Program Grant agreement and award of $23,795.17 of which $19,016.50 is eligible for reimbursement to fund the increased enforcement actions specifically targeting impaired drivers. FISCAL IMPACT A grant award of $23,795.17 of which $19,016.50 is eligible for reimbursement requiring a City match of $4,778.67 to be funded from existing police budget line items. RECOMMENDATION Approval of Resolution No. 14 -R -10 ATTACHMENT(S) Resolution No. 14 -R -10 and Texas Traffic Safety Program Grant agreement RESOLUTION NO. 14 -R -10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING GRANT ACCEPTANCE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") previously applied for and has been awarded a FY 2014 Texas Traffic Safety Program Grant; and WHEREAS, the City staff of the City of Schertz (the "City ") recommends that the City Council accept the FY 2014 Texas Traffic Safety Program Grant funds totaling $23,795.17 of which $19,016.50 is eligible for reimbursement by the Texas Department of Transportation and $4,778.67 is a match amount to be provided by the City of Schertz; and WHEREAS, the City Council hereby finds and determines that it is in the best interest of the City to accept the FY 2014 Texas Traffic Safety Program Grant funds totaling $23,795.17 of which $19,016.50 is eligible for reimbursement by the Texas Department of Transportation and $4,778.67 is a match amount to be provided by the City of Schertz. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the acceptance FY 2014 Texas Traffic Safety Program Grant funds totaling $23,795.17 of which $19,016.50 is eligible for reimbursement by the Texas Department of Transportation and $4,778.67 is a match amount to be provided by the City of Schertz (the "Grant "). Section 2. The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of January, 2014. ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter -2-