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01-28-2014 Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL January 28,2014,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — Regular Session Invocation and Pledtes of Allegiance to the Flags of the United States and State of Texas. ( City Councilmember David Scagliola) 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 and update regarding Alamo Area Council of Governments (AACOG) Mobility Program (B. James/Bill Mosley) 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 -28 -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. 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 21, 2014. (J. Kessel /B. Dennis) 2. Annual Racial Profiling Report — Consideration and/or action accepting the 2013 Annual Racial Profiling report. (J. Bierschwale /M. Hansen) 3. Resolution No. 14 -R -12 — Consideration and /or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County regarding improvements to Pickrell Park. (B. James /G. Logan/C. VanZandt) Roll Call Vote Confirmation Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. 7. 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 01 -28 -2014 City Council Agenda Page - 2 - 8. City Council will meet in closed session under section 551.071 Texas Government Code, Consultations with the City Attorney to receive legal advice regarding the termination of the Operating Agreement with the Comal County Senior Citizens' Foundation of the Schertz Senior Citizens' Center. 9. City Council will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospects E -001, E -002 and E -003. Reconvene into Regular Session 8.a. Resolution No. 14 -R -11- Consideration and/or action approving a Resolution authorizing a termination of the Operating Agreement with the Comal County Senior Citizens' Foundation of the Schertz Senior Citizens' Center. (B. James /B. James) 9.a. Take any necessary action based on discussions held in closed session under Agenda Item number 9. Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY 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 23rd DAY OF JANUARY 2014 AT 5:00 P.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. greVA2 Deww'�s Brenda Dennis CPM, TRMC, MMC, City Secreta 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: 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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 01 -28 -2014 City Council Agenda Page - 3 - Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 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 Scauliola — 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 -28 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 28, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on January 21, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on January 21, 2014. ATTACHMENT Minutes — regular meeting January 21, 2014 MINUTES REGULAR MEETING January 21, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 21, 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 Mayor Pro -Tem Jim Fowler Councilmember David Scagliola Councilme aryl John Councilmember Cedric Edwards Staff Present: Executive Director David Harris Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Councilmember Matthew Duke was absent. Call to Order Mayor Carpenter called the Regular Meeting to or City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu - " -- - - Brenda Dennis Invocation and Pledges of Allegiance to The Flags of The United States and The State of Texas Pastor Terrin Phillips, Everyday Christian Fellowship Church, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • jiftpouncements of upcoming City Events (D. Harris /J. Bierschwale /B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements and upcoming events: • Saturday, January 25, 2014 — Health & Wellness Fair — Schertz Civic Center -11:00 a.m. to 3:00 p.m. — hosted by Schertz Chamber of Commerce, sponsored by the City of Schertz. • Announcements and recognitions by City Manager (J. Kessel) No announcements provided. Presentation 1-21-2014 Minutes Page - 1 - • Presentation/proclamation recognizing Marshal Beverly Todd and the transfer of the City Marshal badge. (J. Bierschwale /Mayor Carpenter) Mayor Carpenter read and presented a Proclamation naming January 21, 2014 as "Marshal Beverly Todd Day" to Marshal Beverly Todd for her 25 years of service, also recognizing her retirement. Mayor Carpenter recognized Police Chief Michael Hansen who stated the next part of the ceremony would be the passing of the badge, which would be a three part process of affixing the stars and the badge on the incoming City Marshal Michael Harris. Mayor Carpenter, Deputy Marshal Steve Pulaski, and Lori Harris, Michael Harr ;wife subsequently pinned the stars and badge on the new Marshal. Mayor Carpenter recognized City Manager John Kessel who stated the Change of Command ceremony is a simple and traditional event that runs deep in symbolism and heritage. The history of Marshals in the United States and in Texas runs deep. On September 24, 1789, President George Washington appointed the first 13 U.S. Marshals creating the oldest Federal Law Enforcement Agency in our Nation's history. One thing that is unique about a Marshal's badge is that it has a five pointed star. The U.S Marshals adopted a five point star for their badges. Here in Texas, the Texas Rangers adopted a five point star as early as 1889. This is in` the tradition established by most Marshal's departments throughout the United States and is distinct from a police badge which is often a shield. a The five pointed star is our Marshal's badge. Even *thoindividual personnel come and go and commanders change, the badge remains. The key to the Change of Command is the passing of the Marshal's badge. In many ways, the history, tradition, and accomplishments of the command are symbolized by the Marshal's badg Mr. Kessel stated he is so proud that the Office of City Marshal is being transferred from one active duty Marshal to another active duty City of Schertz employee. This internal promotion was earned through 25 years of dedicated service in our Police Department by incoming Marshal Michael (Mike) Harris. The transfer of the badge represents the transfer of responsibility for the accomplishment of the mission, and for providing for the welfare, order, and individual development of the Marshal's staff assigned to the City Marshals. I have complete confidence that incoming Marshal Harris will excel in these duties. Oath of Office - Oath of Office administered to newly appointed City Marshal Michael Harris — (B. Dennis) City Secretary Brenda Dennis provided the Oath of Office to newly appointed Marshal Michael Harris. 1-21-2014 Minutes Page - 2 - Mayor Carpenter recessed the regular at 6:16 p.m., to allow for congratulations to soon -to -be retired Marshal Beverly Todd and newly appointed Marshal Michael Harris. Mayor Carpenter reconvened back into regular session at 6:30 p.m. • Presentation and update regarding the landscape islands in the Greenshire Subdivision (B. James /K. Woodlee /L. Busch) Mayor Carpenter recognized Engineer -In- Training Larry Busch who provided a Power Point presentation updating the Council on the landscape islands in the Greenshire Subdivision and answered questions. This issue began back in August 2013 at a Transportation Safety Advisory Commission (TSAC) meeting as a result of complaints from residents on Hickory Lane regarding people parking around the cul -de -sac and creating problems for traffic. A recommendation was brought to Council on August 13, 2013 to prohibit parking in this area. Council requested that staff look at all of Greenshire at one time and come back with more information. Staff attended a September 26, 2013 HOA meeting and subsequently decided to check the rest of the subdivision. Staff again visited with homeowners in the evening hours of December 19, 2013 and contacted about 62 homeowners seeking their concerns. He stated, overall, no other problems were presented by the residents. On January 9, 2014 staff brought the issue back to the Transportation Safety Advisory Commission and updated them. Barring no further concerns, the intent by staff was to bring it back to Council in February and recommend, by ordinance, prohibited parking in specified areas only on Hickory Lane. Since Council had no further questions or concerns Mayor Carpenter stated it appeared we have done our due diligence and we are ready to go forward. Mayor Carpenter recognized Executive Director of Development Brian James who stated that the majority of the credit for this endeavor should go to Engineer -in- Training Larry Busch and Public Works Superintendent Doug Letbetter who put everything together and went out to speak with the residents to gather information. He also advised Council that the Planning Staff were going to be working with the Planning and Zoning Commission in the future to revisit the current residential standards in an effort to avoid these types of problems in future developments. I yor Carpenter moved to the Work Session portion of the agenda because the only person igned up to speak this evening during the Hearing of Residents section had left the bu tto take a phone call. Work Session • Discussion and direction regarding honoring or memorializing former Mayors of the City. (D. Harris/D. Harris) Mayor Carpenter recognized Executive Director of Support David Harris who stated we currently have seven former mayors and three of them have had a building or roadway named after them and others have not. He is seeking direction from Council on what they would like to do moving forward for the future. Mayor Carpenter recognized Councilmember Edwards who stated he felt strongly about recognizing some additional former mayors and even Councilmembers such as the late Councilmember Tony Wilenchik. He stated Mayor Bucker was the person who was 1 -21 -2014 Minutes Page - 3 - instrumental in bringing the industrial park here. It has solidified a great spot for our Economic Development. There were a lot of `firsts' with Mayor Bueker. He suggested naming a small street Wilenchik Way and possibly naming the industrial park area after Mayor Bucker. It is a good idea to honor the past as well as we go forward with the future. Mayor Carpenter recognized Mayor Pro -Tem Fowler who suggested we establish criteria for this honor and not just allow it to run amok. Councilmember Edwards stated he remembers six months ago establishing some guidelines and conditions regarding naming rights. Executive Director of Operations, John Bierschwale stated that was for Parks, but that several years ago Council had put out conditions such as you have to have passed to be considered. He suggested revisiting that policy to make changes if appropriate. Pro -Tem Fowler agreed the review of the current qualifications should be looked at. Councilmember Edwards suggested we also consider honoring someone while they were still living, such as former Mayor Bob Bueker. Mayor Carpenter stated he agreed with Councilmember Edwards and thinks we should recognize people who made significant contributions before us. How we do that is not clear yet. He is supportive of moving with some immediate speed for Mayor Bucker because 1) he is still alive and can still know any gesture put forward by the City, and 2) because of the significant contributions he made during his tenure as Mayor. `IV-1L. Mayor Carpenter stated, as we move beyond the recommenda 'on for former Mayor Bueker, He would like us to think very carefully before we name so Make ing in honor of someone. The process should be measured, careful, and slow. We need sure that what we do is not disruptive, is for an appropriate contribution made, and not something we do as a matter of course, but is a rarity so that it retains its value. Mayor Pro -Tem Fowler suggested as we review these matters we should consider the costs for such things as renaming a road that would be associated with maps and GPS. Mayor Carpenter thanked everyone and suggested we take another look at this in a few weeks. Consent Agenda Items 9 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) The following was read into record: 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 1-21-2014 Minutes Page - 4 - 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 20M. (J. Kessel /Council) The following was read into record: RESOLUTION NO. 14 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING COUNCILMAN CEDRIC EDWARDS THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, O ER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 14 -R -10 — Consideration and/or action roving a Resolution authorizing a Grant Acceptance related to the Texas Traffity' Program and other matters in connection therewith. (J. Bierschwale/M. Hans w. The following was read into record: RESOLUTION NO. 1 A RESOLUTION BY THE CITY COUNCIL OF TH0WY OF SCHERTZ, TEXAS AUTHORIZING GRANT ACCEPTANCE, ND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliol moved, seconded by Mayor Pro- '0 Fowler, to approve consent agenda items 1 -4. Th vote was unanimous with Mayor Pro - Tem Fowler, Councilmembers Scagliola, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 4. Mayor Carpenter announced that since the resident who signed up to speak had not returned we would continue to move forward. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter announced that Deputy City Secretary Donna Schmoekel had passed her first test toward becoming a certified City Secretary. Mayor and Council congratulated her. 1-21-2014 Minutes Page - 5 - 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he received a telephone call from a Mr. Wicks who lives on Maple Street. He wants to know what the City is doing to try to reduce the flood insurance for this group that has added about $1,100 per month to their living expenses. He wants to know if the City has taken any type of action. Per Executive Director of Support David Harris, Congressman Hinjosa has been working on a bill in Congress that would help bring back some federal subsidies for flood insurance. Mayor Carpenter stated they brought this up at their recent Northeast Partnership meeting and will be putting together a resolution for the mayors of the various cities to sign in support of this bill. Mayor Carpenter stated that on Thursday, January 23, 2014, he will be attending the Guadalupe County Mayors Association and will ask them to do the same thing and then they will take both resolutions to every elected official who touches any of the cities within Guadalupe County, Northeast Partnership, or other statewide elected officials and petition them to put those federal subsidies back in the federal budget. 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 Mayor Carpenter recognized Mayor Pro -Tem Fowler who attended the recent Housing Authority Meeting and they have their new budget in place. He stated there are more Section 8 housing units now open and they are getting some of these places and people matched together. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the Ribbon Cutting Re- opening ceremony for ReMax on IH -35 last week and the Schertz Chamber luncheon today at the Civic Center. Mayor Carpenter recognized Councilmember Edwards who also attended the Schertz Chamber Luncheon. Councilmember Edwards recognized Ms. Wendy Griffin who was in the audience this evening and has taken over as the Chairman of the Chamber. Mayor Carpenter stated that he will be attending the Guadalupe County Mayors Association meeting this week Thursday, January 23 in Seguin and again stated he will be asking for their 1-21-2014 Minutes Page - 6 - support in preparing a resolution and petitioning our elected officials to reinstate the flood insurance subsidies. Mayor Carpenter stated that since the citizen who signed up to speak had not come back in the meeting was hereby adjourned. Hearing of Residents: No one spoke. Executive Session Council did not meet. Reconvene into Regular Session A� 9. Take any action deemed necessary as a result of the Executive Session. No action taken, as Council did not meet. Adjournment As there was no further business, the meeting was adjourned at 7: City Secretary, Brenda 1-21-2014 Minutes Page - 7 - Mayor, Michael R. Carpenter Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 28, 2014 Department: Police Department Subject: Annual Racial Profiling Report BACKGROUND Presentation and consideration and/or action regarding the 2013 Annual Racial Profiling Report. Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of the law enforcement agency to submit an annual report concerning data obtained on traffic stops to the governing body of the municipality served. Community Benefit Provides documentation of the activities of the City's police department in the area of traffic enforcement. Summary of Recommended Action The annual racial profiling report is submitted for review. FISCAL IMPACT No fiscal impact RECOMMENDATION Staff recommends acceptance of the 2013 Annual Racial Profiling Report ATTACHMENT(S) 2013 Annual Racial Profiling Report 50631771.1 January 14, 2014 City Council City of Schertz Re: Annual Racial Profiling Report SCHERTZ POLICE DEPARTMENT MICHAEL R. HANSEN, CHIEF OF POLICE 1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TEXAS 78154 OFFICE: 210- 619 -1213 • FAX: (210) 619-1220 MHANSEN @SCHERTZ.COM In accordance with the Texas Code of Criminal Procedure Article 2.134 the attached compilation of traffic stop information is submitted. The required report must include the race or ethnicity of the individual detained, whether a search was conduct and if the individual detained consented to the search and if the officer was aware of the race or ethnicity of the individual before the stop was conducted. The law specifically states that data collected as a result of the reporting requirements shall not constitute prima facie evidence of racial profiling. In fact, I believe the data supports the realization that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances for which we are responsible. United in a spirit of teamwork, the Schertz Police Department, as a regional leader and in partnership with the Community, is devoted to excellence in innovative and proactive public service and safety while contributing to an exceptional quality of life. Michael R. Hansen, Chief of Police -- - CONFIDENTIAL 1/1/2013 - 12/31/2013 Racial Profile Tier 1 HB3389 PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCLEOSE website. Please contact TCLEOSE for instructions on how to resolve these issues for 2012. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest and field interviews that resulted in an arrest. Number of Motor Vehicle Stops 14710 Citations only 30 Arrest only 76 Citations and Arrests Race or Ethnicity 1630 African 223 Asian 9568 Caucasian 3335 Hispanic 31 Middle Eastern 15 Native American 14 Other 0 Unknown 4. 14816 Total 11. 14816 Total Race or Ethnicity known prior to stop? 977 Yes 13839 No 14. 14816 Total Search conducted? 380 Yes 14436 No Was search consented? 87 Yes 293 No 17. 14816 Total 20. 380 Total Report Created: 1/13/2014 3:18:59 PM 1 Of 1 Powered by: `�brazos Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 21, 2014 Department: City Manager Subject: Resolution No. 14 -R -12 - Consideration and/or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County, and other matters in connection therewith. (B. James /G. Logan) BACKGROUND On February 5, 2013, staff briefed City Council on a grant opportunity through the Bexar County Community Development Block Grant (CDBG) program. The briefing included a preliminary list of potential projects. This preliminary listing was presented to and reviewed with Bexar County staff on February 7, 2013 On February 19, 2013 Council approved a resolution authorizing staff to submit and accept a grant application for funding under the Bexar County CDBG program. The approval authorized staff to propose a 50150 match of up to $61,488.00 for projects that involved readily achievable barrier removal (ADA) at five (5) parks facilities including Pickrell Park, Ashley Park, Woodland Oaks Park, Lone Oak Park, and Crescent Bend Nature Park. The application was submitted on February 26, 2013 and on March 15, 2013; staff received notification from Bexar County that the proposed project met all of the initial criteria for the program. Final approval (with modifications) of the project was received from Bexar County on July 16, 2013. It was determined that only one (1) of the five (5) park facilities met all of the CDBG criteria related to readily achievable barrier removal, ADA compliance, and persons with disabilities population served. For these reasons, Pickrell Park was the only facility that made the final submittal, however; the City was awarded the full amount, $61,488.00 with a requirement to utilize matching funds. Based on this, staff made a few additions to the scope of the Pickrell Park proposal (see Pickrell Park Project Graphic), but still estimates the project will not cost much more than the $78,005.00 than was originally estimated. Staff is seeking Council approval to accept the grant for up to $61,884.00 with a match of up to $61,884.00. Staff does not feel it makes sense to adjust the scope of the Pickrell Park project more than has been done just to utilize all of the grant funds. Staff would prefer to simply not use all of the allowable grant funds and has communicated this with Bexar County Staff. As such while the resolution authorizes staff to accept the grant for the full amount, staff anticipates not spending more than $80,000.00 for this project ($40,000 from the grant and $40,000 from City funds). City Council Memorandum Page 2 Goal Participation in Bexar County's CDBG program and to provide readily achievable barrier removal (ADA path -of- travel) improvements at Pickrell Park. Community Benefit This project benefits the handicapped residents of the City of Schertz by removing access barriers in Pickrell Park and providing an ADA compliant path of travel connecting the various amenities within the park. Summary of Recommended Action Recommend approval of a resolution and agreement authorizing participation in Bexar County's CDBG program. FISCAL IMPACT Amount not to exceed $61,488 which is the City's grant but is estimated to only be $40,000.00. The match will come from Parkland Dedication funds. RECOMMENDATION Approval of resolution 14 -R -12 authorizing the City to enter into a Community Development Block Grant Program Intergovernmental Cooperative Agreement. ATTACHMENT February 5, 2013 City Council Memo February 19, 2013 City Council Memo and Resolution Pickrell Park Project Graphic Resolution & Cooperative Agreement RESOLUTION NO. 14 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City participate in this Community Development Block Grant ( "CDBG ") Program Intergovernmental Cooperative Agreement (the "Agreement ") between the COUNTY OF BEXAR, TEXAS ( "COUNTY "), a political subdivision of the State of Texas, through its Department of Community Resources (the "Department ") and CITY OF SCHERTZ ( "SUBRECIPIENT "), a Municipal Corporation of the State of Texas (also, individually, a "Party" or, collectively, the "Parties "), for participation in the COUNTY's Year 2013 CDBG Program, CFDA # 14.218, Project Number B- 13 -UC -48 -0500. WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with Bexar County, Texas pursuant to the Community Development Block Grant Program Cooperative 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 Bexar County, Texas in substantially the form set forth on 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 28th day of January, 2014 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50522270.1 EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT 50522270.1 A -1 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2012 Department: City Manager Subject: Consideration and/or action regarding a proposed submittal of project(s) to be considered for funding under the Bexar County Community Development Block Grant program. (D. Harris/D. Harris) BACKGROUND Bexar County CDBG program will be accepting applications later this month to be considered for funding in the current cycle year as part of the Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. Though the program is run by Bexar County on our behalf, the projects we submit can be in any part of the City — anywhere in the three counties. To qualify, a project must demonstrate that it will primarily benefit one or more of the following groups: low to moderate income individuals, senior citizens, people addressed by the Americans with Disability Act (ADA). Projects funded fall into two categories: Public Service /Social Services and Infrastructure, public facilities and economic development. Though staff is not sure of the amount of funding that will be provided by HUD, Bexar County estimates the figure to be about $1.5M for Program Year 2013. Funding for this cycle will follow the following formula: 65 % -- Infrastructure; public facilities; economic development 20 % -- Administration ( Bexar County CDBG) 15 % -- Public Service /Social Service Projects in the Public Service /Social Service category are highly competitive and difficult for new projects to be funded as existing funding has continued from year to year for these programs. Where Schertz has a chance is in Infrastructure or public facilities categories; these are typically one one -time capital projects that do not incur recurring costs. Staff is developing a list of Capital Improvement Projects (CIP), big and small, only a portion of which have been identified as possibly meeting potential qualification for funding by CDBG. In speaking with Bexar County staff, most suburban cities projects that score well are ADA- related projects which are funded out of the Infrastructure category. Staff has developed a listing of projects that appear to qualify, listed below. All involve installing handicap ramps and ten -foot walkways, some projects also include additional handicap parking spaces. For Program Year 2013, staff recommends the following priority list of projects. City Council Memorandum Page 2 Recommended Ranking - -> 1 2 3 Pickrell Crescent Bend rd 5 Ashely Park Woodland Oaks Lone Oak Park TOTAL 8,400 Park Nature Park Construction 58,731 8,550 Engineering 8,810 1,283 Contigencies 6,754 983 Administrative 3,715 541 TOTAL 78,009 11,357 rd 5 Ashely Park Woodland Oaks Lone Oak Park TOTAL 8,400 14,000 3,500 1,260 2,100 525 966 1,610 403 531 886 221 11,157 18,596 4,649 123,768 CDBG 39,005 5,678 5,579 9,298 2,324 61,884 City Match 39,005 5,678 5,579 9,298 2,324 61,884 Next steps: Present project listing to Bexar County staff Thursday, February 7 Finalize application for submission to Bexar County no later than Tuesday, February 26, 2013 Goal To provide upgrades to City Parks to allow greater access for mobility- challenged visitors. Community Benefit Provide greater accessibility to City Parks for mobility- challenged visitors. Summary of Recommended Action Approve the prioritized list of Park - related projects and direct staff to pursue application and funding for these projects under the Bexar County CDBG program. FISCAL IMPACT Depending on projects awarded, a City cash match of up to $61,884 will be provided out of the Parkland Dedication Fund and/or other sources. RECOMMENDATION Approve the prioritized listing of Park - related projects and direct staff to pursue application and funding for these projects under the Bexar County CDBG program for Program Year 2013. ATTACHMENT N/A Agenda No. 2 City Council Meeting: February 19, 2013 Department: City Manager & Parks, Recreation, & Community Services Subject: Resolution No. 13 -R -12 - Consideration and /or action approve a Resolution authorizing the pursuit of a CDBG Grant to fund readily achievable (ADA) barrier removal at Crescent Bent Nature Park, Pickrell Park, Ashley Park, Woodland Oaks Park, and Loan Oak Park (D. Harris /G. Logan) t • 1 0 L At its February 5, 2013 meeting, Council approved a list of projects to be submitted during the Bexar County CDBG Program Year 2013. Later that week, George Logan and David Harris presented the list of projects at public hearing held by the County. Since then, Park, Recreation, and Community Service staff has been assembling the documents needed for submission to Bexar County including the attached resolution. Applications are due Tuesday, February 26, 2013. In order to apply for the grant, a resolution from Council is required. Staff is proposing a 50% match to greatly increase the likelihood that our proposal is awarded. Staff has developed a list of projects that appear to qualify, listed below. All involve installing handicap ramps and ten -foot walkways, some projects also include additional handicap parking spaces. Council approved the following listing of projects at its February 5, 2013 Council meeting: Recommended Ranking - -> 1 2 3 4 5 Pickrell Crescent Bend Park Nature Park Ashely Park Woodland Oaks Lone Oak Park TOTAL Construction 58,731 8,550 8,400 14,000 3,500 Engineering 8,810 1,283 1,260 2,100 525 Contigencies 6,754 983 966 1,610 403 Administrative 3,715 541 531 886 221 TOTAL 78,009 11,357 11,157 18,596 4,649 123,768 CDBG 39,005 5,678 5,579 9,298 2,324 61,884 City Match 39,005 5,678 5,579 9,298 2,324 61,884 Next steps: City Council Memorandum Page 2 Finalize application for submission to Bexar County no later than Tuesday, February 26, 2013. Goal Provide upgrades to City Parks to allow greater access for mobility - challenged visitors. Community Benefit Greater accessibility to City Parks for mobility - challenged visitors. Summary of Recommended Action Approve the attached resolution allowing staff to apply for the Bexar County CDBG program including a commitment for a 50% match of up to $61,884 and acceptance of the grant, if awarded. 1 /'. 1 Depending on projects awarded, a 50% City cash match of up to $61,884 will be provided out of the Parkland Dedication Fund. An ordinance amending the budget to transfer the $62,884 for parkland dedication fund reserves to the Capital Project Fund is scheduled for consideration on this agenda. If Council does not approve that Ordinance, this resolution should not be approved. I:iKK a u Approve the attached resolution, authorizing the application for the Bexar County CDBG program for Program Year 2013 of up to $61,884 and acceptance of funds, if awarded. ATTACHMENT Resolution No. 13 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURSUIT OF A CDBG GRANT TO FUND READILY ACHIEVABLE (ADA) BARRIER REMOVAL AT CRESCENT BEND NATURE PARK, PICKRELL PARK, ASHLEY PARK, WOODLAND OAKS PARK, AND LONE OAK PARK. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City actively pursue compliance with the Federal ADA requirements that went into effect on March 15, 2012; and WHEREAS, the City staff has identified five (5) park locations to begin readily achievable barrier removal; and WHEREAS, the City Council has determined that it is in the best interest of the City to pursue grant funding to support this project through the Bexar County CDBG Matching Grant Program in the amount of $61,884, for a total project amount of $123,768 and; WHEREAS, if this Grant request is approved this Resolution will approve the actions necessary to receive the grant that will provide for the development of the requested project; now therefore, 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 apply for a CDBG Grant through Bexar County with a 50% match of $61,884 to begin readily achievable (ADA) barrier removal at Crescent Bend Nature Park, Pickrell Park, Ashley Park, Woodland Oaks Park, and Lone Oak Park, and accept the grant if awarded. 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 19th day of February 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Passenger u AERO AVE Loading Zone Accessible o, c Accessible Restroom W ;io _ ,rion + 21U ft ou gccessibie R te Play Structure in with Accessible Spectator Area Play Structure Accessible with Accessible Picnic Spectator Area Area w �o a co � + 1740 ft v Toga I ' Accessible u ,� Pavilion j Gi y W � f' Accessible ;Parking Piekrell Park 1 Inch =80 Feet 0 25 50 100 150 200 250 300 Feet