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MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
April 1, 2025

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 want to be treated
Work cooperatively as a team

AGENDA
TUESDAY, APRIL 1, 2025 at 6:00 p.m.

Call to Order

Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem Heyward)

Special Announcements

Hal Baldwin Scholarship (R.Gutierrez)

Proclamations

National Library Week - April 6-12, 2025
(Councilmember Watson)

National Child Abuse Awareness and Prevention Month - April 2025
(Councilmember Macaluso)

Sexual Assault Awareness Month - April 2025
(Councilmember Guerrero)

National Crime Victim's Rights Week - April 6-12, 2025
(Councilmember Westbrook)

Employee Introductions

Parks & Recreation: Athena Nolen, Civic Center Manager
Public Works: Leroy Moody-Drainage Worker I; Beau Schultz-Water/Wastewater Worker I; Jason Trial-Water/Wastewater Worker I
Utility Billing: Frank Gomez-Meter Technician; Courtney Pettis-Utility Billing Specialist; Dana Russell-Utility Billing Specialist

City Events and Announcements

Announcements of upcoming City Events (B. James/S. Gonzalez)
Announcements and recognitions by the City Manager (S. Williams)
Announcements and recognitions by the Mayor (R. Gutierrez)

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.

All handouts and/or USB devices must be submitted to the City Secretary no later than noon on the Monday preceding the meeting. Handouts will be provided to each Councilmember prior to the start of the meeting by the City Secretary. All USB devices will be vetted by City IT staff to ensure City property is protected from malware.

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 self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember.

Minutes - Approval of the minutes from the City Council Meeting on March 18, 2025 (S.Edmondson/S.Courney)

Resolution 25-R-030 - Authorizing expenditures with Reliable Chevrolet and Grande Cavender Ford for the purchase of vehicles as part of the 2024-2025 Vehicle/Equipment Replacement/Acquisition Program (B.James/D.Hardin/C.Hernandez)

Resolution 25-R-036 - Authorizing expenditures with Esri for GIS mapping software renewal (B.James/J.Bluebird/T.McFalls)

Resolution 25-R-037 - Authorizing a Multiple-Use Agreement with TxDOT for Installation of Automated License Plate Recognition (ALPR) cameras (S.Williams/J.Lowery/S.LaCour)

Resolution 25-R-039 - Authorizing an agreement for custodial cleaning services with Vanguard Cleaning Systems (B.James/D.Hardin/C.Lonsberry)

Resolution 25-R-041 – Authorizing a One-Year Agreement for Management Services with CVLGC (B.James/L.Busch)

Resolution 25-R-043 - Amending Resolution 25-R-035 authorizing a task order amendment with Halff Associates, Inc. for the Lookout Road Reconstruction Project (B.James/K.Woodlee/J.Nowak)

Resolution 25-R-044 - Authorizing a reimbursement agreement with the developer of the Heritage Oaks residential subdivision for the construction of a portion of Wiederstein Road (S.Williams/B.James)

Resolution 25-R-040 - Authorizing a service agreement for Utility Billing printing and mailing services with Matrix Imaging Solutions, LLC (S.Gonzalez/J.Walters/R.Rosales)

Public Hearings

10.

Ordinance 25-S-012 – Conduct a public hearing and consider amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.4. - Zoning Change. (B.James/L.Wood/S.Haas)

11.

Ordinance 25-F-014 - Conduct a public hearing and consider approving a franchise agreement with Frontier Waste Solutions for the collection, hauling and disposal of municipal solid waste and recyclable materials in the City of Schertz, Texas (S.Williams/S.Gonzalez)

12.

Ordinance 25-M-018 - Conduct a public hearing and consider authorizing an amendment to the City of Schertz Schedule of Fees for Public Works-Streets and Garbage Collection Fees for Fiscal Year 2024-2025. (S.Gonzalez/J.Walters)

13.

Ordinance 25-H-015: Conduct a public hearing and consider amendments to the Schertz Code of Ordinances, Chapter 34 – Health, Article III Solid Waste and Chapter 54 – Nuisances, Article V Section 54-22 Exterior property areas; nuisance upon premises
and Section 54-28 Rubbish and garbage. (S.Gonzalez/S.Haas)

14.

Ordinance 25-F-017 - Conduct a Public Hearing to Adopt Updated Land Use Assumptions, Water and Wastewater Capital Improvement Plans, and Impact Fees and Amending Schertz Code of Ordinances, Chapter 90 Utilities Article V Water and Wastewater Capital Recovery Fees, and the City Fee Schedule related to the City's Capital Recovery Impact Fees (B.James/K.Woodlee)

Discussion and Action Items

15.

Resolution 25-R-021 - Authorizing the approval of a Development Agreement with BFR LLC for the approximately 30 acre tract at FM 1518 and Woman Hollering Road (S.Williams/B.James)

16.

Resolution 25-R-005 - Approving a Utility Service Extension Request for the Woman Hollering Townhomes (B.James/K.Woodlee)

Information available in City Council Packets - NO DISCUSSION TO OCCUR

17.

Monthly Update - Major Projects in Progress/CIP (B.James/K.Woodlee)

Requests and Announcements

Requests by Mayor and Councilmembers for updates or information from Staff
Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda
City and Community Events attended and to be attended (Council)

Adjournment

CERTIFICATION

I, SHEREE COURNEY, DEPUTY 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 27TH DAY OF MARCH 2025 AT 5:30 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.

SHEREE COURNEY

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 ___________________, 2025.
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.

The City Council for the City of Schertz reserves the right to adjourn into closed 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.

Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed 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 Gutierrez
Member
Audit Committee
Investment Advisory Committee
Main Street Committee

Liaison
Board of Adjustments
Senior Center Advisory Board-Alternate

Councilmember Davis– Place 1
Member
Interview Committee
Main Street Committee - Chair
TIRZ II Board

Liaison
Parks & Recreation Advisory Board
Schertz Housing Authority Board
Transportation Safety Advisory Board

Councilmember Watson-Place 2
Member
Audit Committee

Liaison
Library Advisory Board
Senior Center Advisory Board
Cibolo Valley Local Government Corporation-Ex-Officio

Councilmember Macaluso – Place 3
Member
Interview Committee
Hal Baldwin Scholarship Committee

Liaison
TIRZ II Board
Animal Services Advisory Committee

Councilmember Guerrero – Place 4
Member
Hal Baldwin Scholarship Committee
Investment Advisory Committee

Liaison
Schertz Historical Preservation Society

Councilmember Westbrook – Place 5
Liaison
Schertz-Seguin Local Government Corporation (SSLGC)
Planning and Zoning Commission
Schertz Historical Preservation Society
Cibolo Valley Local Government Corporation (CVLGC)-Alternate

Councilmember Heyward – Place 6
Member
Animal Services Advisory Committee
Audit Committee
Interview Committee-Chair
Investment Advisory Committee
Main Street Committee

Liaison
Building and Standards Commission
Economic Development Corporation - Alternate
Senior Center Advisory Board

Councilmember Brown – Place 7
Member
Main Street Committee
Schertz-Seguin Local Government Corporation (SSLGC)

Liaison
Economic Development Corporation

Agenda No.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

National Library Week - April 6-12, 2025
(Councilmember Watson)

Attachments

National Library Week 2025

Agenda No.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

National Child Abuse Awareness and Prevention Month - April 2025
(Councilmember Macaluso)

Attachments

National Child Abuse Awareness and Prevention

Agenda No.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

Sexual Assault Awareness Month - April 2025
(Councilmember Guerrero)

Attachments

Sexual Assault Awareness Month April 2025

Agenda No.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

National Crime Victim's Rights Week - April 6-12, 2025
(Councilmember Westbrook)

Attachments

National Crime Victim's Rights Week April 6-12, 2025

Agenda No. 1.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

Minutes - Approval of the minutes from the City Council Meeting on March 18, 2025 (S.Edmondson/S.Courney)

BACKGROUND

The City Council held a Regular City Council meeting on March 18, 2025.

Attachments

Draft Minutes 03-18-2025

Agenda No. 2.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Facility & Fleet

Subject:

BACKGROUND

Council approved Resolution 24-R-101 on October 15, 2024, authorizing the purchase of multiple vehicles from multiple vendors as part of the FY 24-25 Vehicle/Equipment Replacement/Acquisition Program. Due to the delay in production of engine parts for two of the vehicles that had been approved as part of Resolution 24-R-101, the Fleet Department is requesting approval to purchase two vehicles from different vendors. Fleet Staff have located the two vehicles at local dealerships, Reliable Chevrolet and Grande Cavender Ford.

The vehicle for EMS will be purchased from Grande Cavender Ford. Since the purchase price is less than $50,000, multiple written quotes were obtained and Grande provided availability at the lowest price. The vehicle for Public Works (Water Division) will be purchased from Reliable Chevrolet, a TIPS USA cooperative vendor, therefore all competitive procurement requirements have been met.

GOAL

To authorize the City Manager to approve the purchase of the two vehicles needed for EMS and Public Works Water Department from Reliable Chevrolet and Grande Cavender Ford.

COMMUNITY BENEFIT

Having a current and operational fleet will provide all departments with the necessary vehicles and equipment to perform their assigned duties within the City of Schertz and reduce the maintenance cost of an aging fleet.

SUMMARY OF RECOMMENDED ACTION

Approval of this resolution to authorize the purchase of the two vehicles from the vendors listed in the resolution.

FISCAL IMPACT

The purchase of the vehicles will be funded through the City's Water/Wastewater and Emergency Services fund, from the vendors listed in Exhibit A. The total fiscal impact of this purchase will be $117,900.00. These funds were approved in the FY 2024-2025 budget. The cost to purchase the EMS vehicle from Grande Cavender Ford is $3,600 less than it would have been as previously approved. The cost of purchasing the Public Works vehicle from Reliable Chevrolet is $5,000 more than it would have been previously. So while the overall cost is $1,400 more, the lack of certainty on when the original vendors will be able to deliver the vehicles has prompted this change.

RECOMMENDATION

Approval of Resolution 25-R-030

Attachments

Resolution 25-R-030

Exhibit A EMS/Public Works Water Dept.

Agenda No. 3.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Geographic Information Systems

Subject:

Resolution 25-R-036 - Authorizing expenditures with Esri for GIS mapping software renewal (B.James/J.Bluebird/T.McFalls)

BACKGROUND

Environmental Systems Research Institute, Inc. (Esri) is a global provider of geographic information system (GIS) software for both public and private organizations. Since its establishment in 2007, the GIS department has relied on ESRI software for its operations. In 2013, the department began acquiring the software through a three-year Small Municipal and County Government Enterprise Agreement (SGEA), with one-third of the total cost paid each year of the agreement.

GOAL

The GIS Department aims to renew the SGEA Program with Esri for an additional three years, ensuring uninterrupted GIS services for the City.

COMMUNITY BENEFIT

The SGEA Program offers several benefits, including a fixed price for the duration of the agreement, lower unit costs for licensed software, and the flexibility to deploy products as needed without making additional purchases. This program also helps to reduce administrative and procurement expenses. An enterprise package includes additional features that would be more expensive if purchased separately.

SUMMARY OF RECOMMENDED ACTION

Extending the SGEA Program for an additional three years will allow the department to enhance Geographic Information System (GIS) technology across various operational and technical areas within the organization.

FISCAL IMPACT

The cost of a three-year SGEA is $42,200 per year, totaling $126,600 for the entire three-year term. Each payment is due on the effective date of that year. The contract may be terminated before the start of any subsequent year if funding is not secured. Funding for this software is included in the budget.

RECOMMENDATION

Staff recommends approval of Resolution 25-R-036.

Attachments

Resolution 25-R-036 with attachments

Agenda No. 4.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Police Department

Subject:

Resolution 25-R-037 - Authorizing a Multiple-Use Agreement with TxDOT for Installation of Automated License Plate Recognition (ALPR) cameras (S.Williams/J.Lowery/S.LaCour)

BACKGROUND

City Council approved Resolution 24-R-107 (See Attached) on 3 September 2024, to accept a grant award from the Motor Vehicle Crime Prevention Authority to mitigate motor vehicle burglaries and catalytic converter thefts. We are moving forward with the installation of ALPR cameras (Automated License Plate Recognition) and TxDOT requires a Multiple Use Agreement (MUA) between the City of Schertz and the Texas Department of Transportation, allowing the installation and operation of ALPR cameras on the TxDOT right-of-ways.

GOAL

Approve Resolution 25-R-037 authorizing the city manager to enter into an MUA with TxDOT to install ALPR cameras on TxDOT right-of-ways.

COMMUNITY BENEFIT

The addition of Automatic License Plate Recognition (ALPR) Cameras will increase public safety and aid the Police Department in crime prevention efforts and strategies that will address burglaries, auto theft, catalytic converter thefts and other matters in connection therewith.

SUMMARY OF RECOMMENDED ACTION

Staff recommends approval of Resolution 25-R-037.

RECOMMENDATION

Approve Resolution 25-R-037.

Attachments

Resolution 24-R-107 Fully Executed

Resolution 25-R-037 with Attachments

Agenda No. 5.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Facility & Fleet

Subject:

Resolution 25-R-039 - Authorizing an agreement for custodial cleaning services with Vanguard Cleaning Systems (B.James/D.Hardin/C.Lonsberry)

BACKGROUND

Ecobrite Services, who were awarded the cleaning contract in September of 2024, provided notice of termination to the City in January of 2025 as staff noted to Council in the February 4 written update.The City issued an RFP for a new cleaning contractor in February to select a firm to meet the City's requirements for daily cleaning of occupied City buildings. The annual cost of the Ecobrite Services contract for normal cleaning was $136,331. City staff believe that Ecobridge Services underappreciated the amount of work and level of expectations of the City when they bid for the contract.

The City issued a solicitation for proposals (RFP) from qualified firms with demonstrated competence and experience in commercial building cleaning. Eighteen (18) proposals were received in response to the solicitation. Proposals were reviewed by key City stakeholders and scored initially based on criteria including cost, proposer's experience, qualifications, reputation, quality of proposed services and responsiveness of the proposal. The scoring of the proposals considered Proposer's Qualifications, Abilities and Reputation (30 points), Quality of Proposed Services (30 points), Cost (30 points) and Responsiveness of Proposal (10 points). Prices generally ranged from $128,000 to $577,000.

The City recommends awarding the contract to the highest-ranked firm, Vanguard Cleaning Systems. Vanguard Cleaning Systems had held the cleaning contract prior to Ecobrite Services being awarded the contract this past September. This new contract includes dusting of the shelves at the Library, something that was not included in the Ecobrite Services Contract.

GOAL

To obtain authorization from City Council to enter into a contract with a cleaning company to perform daily cleanings, routine periodic cleanings, and emergency/on-call cleaning for contaminated messes to ensure the area is professionally cleaned and sanitized.

COMMUNITY BENEFIT

City buildings will be clean and presentable every day and the city staff can focus on other duties as the cleaning is being done by professionals. The restrooms and other areas will be professionally cleaned to prevent the spread of disease whenever there is a contaminated mess that needs to be cleaned and sanitized.

SUMMARY OF RECOMMENDED ACTION

City staff recommends approving a cleaning contract with Vanguard Cleaning Systems that will expire at the end of FY 26-27 with the option to renew the contract for two (2) extensions of one (1) year each.

FISCAL IMPACT

The annual FY contract amount with Vanguard Cleaning Systems will be $201,628.20, with a fee of $150.00 per emergency contamination cleanup. Funds are available and approved through the base budget for Facilities for FY 24-25.

RECOMMENDATION

Approval of Resolution 25-R-039.

Attachments

Resolution 25-R-039 with attachments

Bid Tab - 2025-004 Custodial Services

Agenda No. 6.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Public Works

Subject:

Resolution 25-R-041 – Authorizing a One-Year Agreement for Management Services with CVLGC (B.James/L.Busch)

BACKGROUND

In 2021, the Cibolo Valley Local Government Corporation (CVLGC) and the City of Schertz approved an extension to the Management Services Agreement for a three-year term which expired at the end of last fiscal year.

Previously, in 2020, to support the CVLGC, the City of Schertz and CVLGC developed a Management Services Agreement that will allow for the City of Schertz to provide Purchasing, IT, and other business-related support to CVLGC that would be reimbursed on an actual expense basis by tracking hours /salary.

This agreement consolidates services from multiple previous amendments as provided in the attached agreement document. The term of the agreement is February 27th, 2025 through February 27th, 2026 with the option to renew upon mutual agreement.

GOAL

To authorize the Management Services Agreement.

COMMUNITY BENEFIT

In addition to helping ensure CVLGC maintains compliance with state/local law, through this MSA, Schertz is controlling costs which would impact tax rates and fees passed along to Schertz residents, as well as maintaining our partnership with CVLGC.

SUMMARY OF RECOMMENDED ACTION

Staff recommends approval of the Resolution authorizing the Management Services Agreement.

RECOMMENDATION

Approval of Resolution 25-R-041.

Attachments

Resolution 25-R-041 with Attachment

Agenda No. 7.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Engineering

Subject:

Resolution 25-R-043 - Amending Resolution 25-R-035 authorizing a task order amendment with Halff Associates, Inc. for the Lookout Road Reconstruction Project (B.James/K.Woodlee/J.Nowak)

BACKGROUND

On December 6, 2022, Council passed Resolution 22-R-138 authorizing a not-to-exceed amount of $330,000 for a Task Order with Halff Associates for the design of the Lookout Road Reconstruction project. During the course of the project design, it was identified that some widening was needed at the Schertz Parkway and Lookout Road and Doerr Lane and Lookout Road intersections in order to accommodate left-turn lanes for trucks. Additionally, some widening at the Schertz Parkway and Lookout Road intersection is needed in order to maintain the eastbound right turn lane. Having the left turn lanes and maintaining the eastbound right turn lane at the Schertz Parkway and Lookout Road intersection will allow both intersections to function more efficiently and help reduce the long traffic backups that currently occur during peak travel times. Task Order Addendum #1 for these additional services was approved by Council on 7/11/2023 via Resolution 23-R-56, with a new project NTE amount of $511,000.

As the design of the needed widening was finalized, some additional right-of-way needs were identified at both intersections. The original Task Order for the project did not include right-of-way acquisition services and the cost to provide those services would exceed the originally approved not to exceed amount for the Task Order. As a result, Task Order Addendum #2 was needed in order to add most of the cost of the right-of-way acquisition services to the project. By having Halff Associates perform the right-of-way acquisition services, we will ensure that all applicable State and Federal rules for right-of-way acquisitions will be followed.

Task Order Addendum #2 for easement acquisition services was approved by Council on 3/18/2025 via Resolution 25-R-035, adding $60,320 to the project and increasing the total project NTE to $571,000. However, Resolution 25-R-035 did not include reference to Task Order Addendum #1 and therefore did not accurately reflect the new project NTE amount.

This resolution (25-R-043) simply seeks to amend Resolution 25-R-035 by referencing Task Order Addendum #1 and reflecting the accurate project NTE amount. No additional services or funds are being requested with this agenda item.

GOAL

Amend Resolution 25-R-035 authorizing Task Order Addendum #2 with Halff Associates for the Lookout Road Reconstruction Project.

COMMUNITY BENEFIT

Acquiring additional right-of-way at the Schertz Parkway and Lookout Road and Doerr Lane and Lookout Road intersections will provide additional street width needed to accommodate turn lanes for larger vehicles. While there is currently enough pavement width at both intersections for typical personal vehicles, this area has a lot of truck traffic due to the industrial nature of the area. If the Schertz Parkway and Lookout Road intersection is not widened, then a left turn lane could not be provided on Schertz Parkway and the existing eastbound right turn lane on Lookout Road (from Selma) would need to be eliminated. This would decrease the efficiency of this intersection, causing traffic to back up more than it currently does during peak-hour times. Providing the left turn lane and maintaining the existing right turn lane, will improve the efficiency of the intersection and help reduce traffic backups. Similarly, at the Doerr lane intersection, providing a left turn lane that can accommodate large vehicles (trucks) will also improve the intersection efficiency. Increasing this intersection's efficiency will also help mitigate the additional traffic expected from the current and future development of the Royal Manufacturing Subdivision (both sides of Tejas Way).

SUMMARY OF RECOMMENDED ACTION

Approval of Resolution 25-R-043

FISCAL IMPACT

This project, both design and construction, is funded by the Schertz Economic Development Corporation (EDC). EDC previously authorized a not-to-exceed amount of $770,000 for the project design.

Fiscal Impact to Date
Resolution 22-R-138 - approved the Task Order with Halff Associates for the Lookout Road Reconstruction Project with a NTE of $330,000.
Resolution 23-R-56 - approved Task Order Addendum #1 for additional services increasing the total project NTE to $511,000.
Resolution 25-R-035 - approved Task Order Addendum #2 for easement acquisition services increasing the total project NTE to $571,000.

No additional funds are being requested with Resolution 25-R-043.

RECOMMENDATION

Approval of Resolution 25-R-043

Attachments

Resolution 25-R-043 with Attachments

Resolution 25-R-035 (for reference only)

Agenda No. 8.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Executive Team

Subject:

BACKGROUND

As part of their development, the developer of the Heritage Oaks residential subdivision located on the west side of Schertz Parkway, north and south of Wiederstein Road, is realigning, reconstructing and widening Wiederstein Road adjacent to their property - from Schertz Parkway, to approximately 190' east of Dietz Creek. The City and the developer have agreed to enter into a reimbursement agreement to repay the developer for constructing this offsite section of roadway to Dietz Creek. The maximum cost is $154,536 and will be paid from roadway impact fees.

GOAL

Provides for the orderly development of infrastructure and supports the goal of infrastructure investment as outlined in the City's Strategic Plan.

COMMUNITY BENEFIT

Provides for the construction of the offsite section of Wiederstein from where the developer's obligation stops to the Dietz Creek bridge in conjunction with the developer improving Wiederstein road to Schertz Parkway.

SUMMARY OF RECOMMENDED ACTION

Approval of Resolution 24-R-044 authorizing a reimbursement agreement with the developer of the Heritage Oaks residential developmnet to reimburse them for constructing an offsite section of Wiederstein Road.

FISCAL IMPACT

The fiscal impact to the city is up to $154,536 which will be paid from the Roadway Impact Fee Service Area 2 account. The budget will be adjusted for this amount in the next quarterly budget adjustment that comes before council.

RECOMMENDATION

Approval of Resolution 25-R-044.

Attachments

Resolution 25-R-044 with attachment

Agenda No. 9.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Utility Billing

Subject:

Resolution 25-R-040 - Authorizing a service agreement for Utility Billing printing and mailing services with Matrix Imaging Solutions, LLC (S.Gonzalez/J.Walters/R.Rosales)

BACKGROUND

The city issued a Request For Proposal (RFP) from qualified firms with demonstrated experience in providing billing services as required by the City. Three (3) proposals were received in response to this solicitation. Key city stakeholders evaluated the proposals and scored based on criteria including cost, experience, qualifications, and quality of proposed services. The City recommends awarding the contract to the highest-rated firm, Matrix Imaging Solutions, LLC (previously DataProse).

GOAL

To enter into a contract with a utility billing service provider to perform printing and mailing services for the city.

COMMUNITY BENEFIT

The citizens of Schertz will have a reliable printing service that delivers bills on time, preventing delays, and offering competitive pricing.

SUMMARY OF RECOMMENDED ACTION

Staff recommends approving a utility billing service contract with Matrix Imaging Solutions, LLC that will remain in effect through April 30th, 2028, with the option to renew for two (2) additional terms of one (1) year each.

FISCAL IMPACT

The proposed vendor (Matrix) offered the lowest cost and funds are available in the approved Water/Sewer budget to cover these services.

Year 1 - $21,957.44
Year 2 - $23,055.32
Year 3 - $24,208.08
Year 4 - $25,418.49 (optional renewal)
Year 5 - $26,689.41 (optional renewal)

RECOMMENDATION

Approve Resolution 25-R-040

Attachments

Resolution 25-R-040 with attachments

Bid Tab - 2025-002 UB Print Mail Services

Agenda No. 10.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Planning & Community Development

Subject:

BACKGROUND

The proposed Unified Development Code (UDC) amendments are an effort to help clarify language in the UDC for applicants, residents, and Staff. The proposed amendment is in Article 5, Section 21.5.4. This is in response to changes to the City Charter that were approved by voters on November 5, 2024. Among those approved changes was the reduction of required ordinance hearings from two to one. Ordinances now only require one City Council hearing for approval. This change requires some edits to this particular section of the UDC where two meetings are still referenced.

A public hearing notice was published in the San Antonio Express on March 12, 2025.

GOAL

Staff is proposing to clarify language in the UDC to align with changes that were recently approved by Schertz voters in the November ballot. Among those approved changes was the reduction of required ordinance hearings from two to one. Ordinances now only require one City Council hearing for approval.

UDC Section 21.5.4.E. details the process for counting protest votes and in 21.5.4.E.4 there is language referencing two meetings that needs to be removed and revised.

UDC Section 21.5.4 - Zone Change
Subsection E - Protest

Current UDC Language

Proposed UDC Language

4. The following deadlines apply to the receipt and calculation of written protest:

First Reading. Written protest must be received before noon (12pm) on the Friday before the first reading of the proposed zoning change or zoning map amendment ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.
Second Reading. Written protest must be received before noon (12pm) on the Friday before the second reading of the proposed zoning change or zoning map amendment ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.
Written protest received prior to the First Reading deadline will also be included in the Second Reading written protest calculation.
In calculating the written protest described by section 21.5.4.E.1., only the most recent written protest received prior to the deadline above will be counted per property.
In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day.

4. The following deadline applies to the receipt and calculation of written protest:

Written protest must be received before noon (12pm) on the Friday before the consideration of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.
In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day.

COMMUNITY BENEFIT

It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth.

SUMMARY OF RECOMMENDED ACTION

When evaluating Unified Development Code amendments, staff uses the Criteria for Approval located in UDC Section 21.4.7.D.

1. The proposed amendment promotes the health, safety, and general welfare of the City
As part of promoting health, safety, and general welfare, Staff is taking active steps to ensure the well-being of its residents by making the city's development code more clear and easier to understand. This is often necessary when policy/practice changes in the city, like when voters approve charter amendments.

2. The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City
The City of Schertz voters approving changes to the City Charter indicate a new policy direction. Updating language in the UDC to match this direction helps achieve consistency across goals, objectives, and policies.

3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law.
The amendment to UDC 21.5.4.E is a direct response to a change in the City Charter.

4. Other factors which are deemed relevant and important in the consideration of the amendment.
No other additional factors have been deemed relevant at this time.

RECOMMENDATION

The proposed amendments help the UDC align with changes to city policy. Therefore, Staff is recommending approval of Ordinance 25-S-012.

The Planning and Zoning Commission held a public hearing on March 5, 2025 and made a recommendation of approval with a 6-0 vote.

Attachments

Ord. 25-S-012 with Exhibits

UDC Article 5 - Protest (redlines)

City Council Presentation Slides

Agenda No. 11.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Executive Team

Subject:

BACKGROUND

In 2015, the City awarded a ten-year franchise agreement to Bexar Waste to provide the collection, hauling and disposal of municipal solid waste (Ordinance 15-F-18). In 2017, Bexar Waste was acquired by Republic Services and City Council authorized the reassignment of the franchise agreement to Republic Services (Resolution 17-R-41). The current agreement with Republic Services expires on June 30, 2025.

One of the goals staff had during this process was to look at providing uniform service across the city. Currently, 65% of the residential accounts receive twice-a-week garbage pickup, while the remaining 35% is served with once-a-week pickup. Schertz has this twice-a-week service for a portion of the community, due to its legacy contract. The twice-a-week accounts either set bags on the curb or provide their own small trash container (max 32-gallon). The once-a-week accounts are provided with a 96-gallon poly cart. All addresses receive once-a-week recycling pickup, and most accounts are provided with small container bins (18-gallon). Additionally, each account can receive 12 bulk/brush pickups a year that can be scheduled online through the customer portal. Fall and Spring Clean-Up events are provided twice a year for residents and household hazardous waste items can be dropped off during the last weekend of the clean-up events. Finally, Public Works provides a weekly Curbside Chipping service during the year which can be scheduled through the city's website. There is a fee of $40 and is applied to the resident's water bill.

In January 2025, the City engaged a consultant firm, Solid Waste Specialists, who has expertise in assisting cities with procurement of solid waste services. During a workshop at the February 4, 2025, Council meeting, the consultant, along with staff, provided the history of solid waste services, an overview of what services are currently provided, the timeline of the procurement process, and what Council could expect going forward. The consultant reviewed the options that were going to be included in the Request for Proposal (RFP):

Residential Collection Options
- Solid Waste
  - Once a week in 96-gallon cart
  - Twice a week in 96-gallon cart
- Recycling Options
  - Once a week in 96-gallon cart
  - Every other week in 96-gallon cart
- Brush/Bulk Options
  - Once a week collection of 3 cubic yards
  - Every other week collection of 3 cubic yards
- Optional On Call Household Hazardous Waste collection
- Unusual accumulation collection (special collection larger than allowed for bulk) for a predetermined fee
Commercial and Roll-Off Collection
- No significant changes to the proposed service – rates to be submitted based on size of container and frequency of collection (same as current contract)

Prior to the release of the procurement solicitation, the proposed franchise agreement was reviewed and approved by the City Attorney. The City released an RFP for solid waste services on February 5, 2025. A mandatory pre-proposal conference was held on February 11, 2025, and representatives from eight waste management contractors attended. A total of four sealed proposals were received by the deadline on March 5, 2025. Proposals were reviewed and scored based on a variety of criteria including qualifications and experience, company operational information, cost, reputation, capability, resources, and proposal methodologies and strategy. The scoring matrix used is included below for Council reference.

Criteria

Percent of Total

Experience Providing Like-Services to Like-Sized Cities

Financial Strength of Proposer

Strength of Personnel at the Hauling Division

Operational Plan in Narrative Format

10%

TRIR and DART Safety Scores

Transition Plan in Detailed Narrative Format

15%

Disaster Management Plan

Customer Service, Reporting, the use of GPS & Support

10%

Compliance, Clarity of Proposal – Minimal Exceptions to RFP and Contract

Competitive Cost of Proposal

35%

After initial review and evaluation of all proposals, the top two ranked respondents were invited to participate in an interview to discuss their proposal and answer staff questions. Interviews were held with Frontier Waste Solutions and Republic Services on March 24, 2025, to give the evaluation committee an opportunity to ask questions or seek clarification prior to making a final recommendation. Staff representatives and key stakeholders from City Management, Finance, Utility Billing and Parks participated in the interview process and provided input on the final selection recommendation.

Per the RFP process, Council can go with staff's recommendation or can make an alternative selection. Additionally, Council has the ability to reject the scores, dismiss the RFP and redirect staff to negotiate directly with a vendor. This would not be staff's recommendation, as going through the RFP process gave the vendors the ability to provide their best services at their best price. The evaluation committee recommended Frontier Waste Solutions for the award of a franchise agreement for solid waste services, as they had the highest score and the lowest cost.

Residential trash and recycling fees have remained at the same rate for the past seven years – this is the breakdown of the current cost:

Garbage (for either one-time or two-times per week): $12.41
Recycling one-time per week:   $ 2.05
Brush/bulk pick-ups (12x/year) Included in cost
Total Cost: $14.46

Operating costs for waste management, including labor, equipment, fuel, and disposal fees, have increased over the past decade. Considering that a rate increase has not occurred over the past seven years, staff anticipated there was going to be fee increases for both residential and commercial services. Additionally, it's important to note that under the current contract, residents are currently paying the same but receiving different levels of service.

Attached are the bid tabulation sheet and the price rating sheet summary. While there are several options available, staff recommends the following option at the following cost for residential services:

Garbage one-time per week: $12.73
Recycling every other week: $ 4.37
Bulk/Brush every other week: $ 1.00
Total Cost: $18.10

For those residents that currently have twice-a-week garbage pick-up, set-out rates for this service are 65% on the first day and 35% on the second day. The transition to once-a-week pickup has been occurring in the surrounding communities due to rising costs. As a reminder, Schertz has twice-a-week service for a portion of the community, due to its legacy contract. Staff does not recommend twice-a-week service, as the price for it came in significantly higher and staff is looking to balance the needs of all the residents and the overall financial impacts to them. By switching to a once-a-week service, the twice-a-week residents will receive a 96-gallon cart, which would replace the bags they currently set on the curb and/or the max 32-gallon cart (that they purchase). The consolidation of services to once-a-week automated collection pickup will streamline the collection process, allowing the service provider to operate more efficiently and do so in a safer manner.

For recycling services, most residents have a small 18-gallon bin. Again, as mentioned above, one of the goals of procuring a new solid waste contract is to ensure uniform service is provided across the city. Set out rate is high at 70%, but that can be attributed to the small container. With this new agreement, all households will be provided with a 96-gallon cart. Even with the recommendation of switching to every other week for recycling, the larger container can hold the amount of what would have been set out on a weekly basis (18x2 weeks=36 gallon versus 96 gallon every 2 weeks).

For brush/bulk pick-up, the current level of service is twelve pickups a year – scheduled online through the customer portal. With the proposed option, brush/bulk pickup would be included and picked up every other week (on the same day as recycle). The chipping service would no longer be provided. Public Works staff are currently dedicating 20-30 hours a month to provide this service and with the addition of a more frequent brush pick-up, provided by the vendor, it would free staff up to work on the items they need to be focused on (crack sealing roads, filling potholes, etc.). With the proposed brush pick-up, the limbs shall not exceed four feet in length and not exceed four inches in diameter and must be bundled and tied at the curb. This collection specifically excludes debris resulting from the services of a Commercial Tree Service Provider, but that is something that is already currently in place.

Staff took the following into consideration when making this recommendation:
•   Anticipation of increased costs
•   Equalize level of service across the city
•   Balance the needs of all residents and the financial impact to them

This recommendation also has the lowest overall impact on commercial businesses. Small commercial accounts go from $15.70, $27.08 and $39.34 to $45 for once-a-week pick-up and $90 for twice-a-week pick up. Commercial containers increase by 43% (and recycle containers will be available). Roll-off containers increase 67% for a 20 cubic yard, 41% for a 30 cubic yard and 21% for a 40 cubic yard. Compactor rentals had the largest increase but if a business wants to use it for recycling purposes, they are free to choose a different provider. The vendor will meet with each commercial account to assess their usage and needs.

Staff also understands there may not be a desire to change service levels as proposed above. That being said, if Council desires another option, staff recommends the following:

Garbage one-time per week
Recycling one-time per week
Bulk/Brush every other week
All for a flat fee of $22.00

This option does not change the above-mentioned impact on commercial businesses – it remains the same. Future rate increases on both residential and commercial will be tied to the garbage and trash index and the annual adjustment shall not result in an increase in the Base Rates exceeding the lesser of 1) the percentage increase in the CPI for the twelve-month period or 2) five percent of the then current Base Rate. If the percentage change in the CPI would result in a decrease in the Base Rates, the Base Rates shall remain unchanged for the immediately following contract year.

Regardless of which option Council ultimately selects, staff is aware that we will not make everyone happy. The communication component will be critical moving forward. Staff has developed the framework for a comprehensive trash campaign and once direction is provided, staff will work closely with the vendor to ensure that all communication elements are being utilized before, during, and after implementation.

City staff recommends approval of Ordinance 25-F-014 authorizing the City Manager to execute a 5-year franchise agreement with Frontier Waste Solutions for solid waste services.

GOAL

To approve a franchise agreement to provide for the collection, hauling and disposal of municipal solid waste and recyclable materials in the City of Schertz.

COMMUNITY BENEFIT

To provide the City with an updated Solid Waste Franchise Agreement Ordinance that contains the proper provisions that are needed in the best interest of the health, safety, and welfare of the citizens of the city.

SUMMARY OF RECOMMENDED ACTION

Staff recommends Council approve Ordinance 25-F-014 awarding a Five-Year exclusive franchise agreement to Frontier Waste Solutions for waste collection for the City of Schertz.

FISCAL IMPACT

The increase in rates will be a pass-through cost to the customers. However, there are Franchise/Billing fees that the Vendor remits to the City. Current fees are 15%, consisting of a 3% Franchise Fee and a 12% Bill Processing Fee. The Franchise Fee goes to the General Fund and allows the vendor to use our rights-of-way to perform their service. Additionally, it helps offset costs for wear and tear on streets. The Bill Processing Fee goes to the Water/Sewer Fund and it helps offset operational costs and billing services performed by the Utility Billing Office.

The proposed Franchise/Billing fee is 10%. This keeps the 3% Franchise Fee but reduces the Bill Processing Fee to 7%. This reduction is attributed to the shift of customer service and commercial billing that the Vendor will now provide.

With keeping the 3% Franchise Fee, the General Fund will see an increase of approximately $60,000 (previous amount $180,000; new amount $240,000). The 7% Bill Processing Fee equates to a reduction of $100,000 in revenue, which the Water/Sewer fund is able to absorb this cost.

RECOMMENDATION

Staff recommends Council approve Ordinance 25-F-014.

Attachments

Ordinance 25-F-014 with attachments

Bid Tab and Price Rating Summary Sheet

City Council Presentation Slides 04.01.25

Agenda No. 12.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

BACKGROUND

City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of everyday operations of municipal government. Since September 2008, Ordinance 08-M-43 established the consolidated fee schedule for better transparency of fees charged by the city.

The Fee Schedule ordinance provides a single document with all City fees that directly affect the users. The changes to the fees ensure the continued operation of public utilities, provides for essential services to the community and to adequately maintain the investment in existing infrastructure. All changes to the fee schedule will have a 45-day period before the new fees take effect. This allows staff to update and advise citizens on the upcoming changes.

With the changes in garbage service, staff recommends updating the fee schedule for only garbage rates at this time based on what was received in the proposal selected by City Council. What is included in the attached fee changes is a specific vendor proposal that can be adjusted as needed to match the approval of Ordinance 25-F-014.

Solid waste rates have not changed in 7 years. Changes here represent both rising industry costs over that time as well as enhanced service offerings in some areas like standard bulk and brush pickup. See below for a summary of changes.

Summary of Changes:
Chipping Services will be discontinued and removed from the Schedule. Instead, this will be included in the Bulk/Brush pick up service proposed at this time and listed as a regular service for solid waste.

Combined Residential Garbage once-a-week, Recycling every other week, and Bulk/Brush services every other week would increase from $14.46 to $18.10 per month.

Special Pick Ups will be removed.

Class II, Mobile Home Parks will be charged the standard residential rate for garbage, recycling, and bulk/brush pick ups.

Class III, Apartments, and Class IV, Motels, will be removed and charged the appropriate Small Commercial rate or appropriate sized container.

Offices, barbershops, and professional services; and light retail, wholesale, commercial or industrial from 2,000 square feet to 4,000 square feet; and medium retail, wholesale, commercial or industrial 2,000 square feet to 4,000 square feet, also known as Class V through VII, will be consolidated to Small Commercial. These fees would increase from $15.70, $27.08, and $39.34, respectively, to $45.00 for once a week pick up and $90.00 for twice per week.

Class VIII is not a used classification and will be removed.

Commercial Containers will increase 43%. See Schedule for breakdown.

Recycle containers will be available and were added to the fee schedule.

Roll-Off Container fees would increase 67% for a 20 cubic yard and increase 21% for a 40 cubic yard container base, plus a tonnage fee.

Compactor rentals increase an estimated 306% for a 2 cubic yard and 144% for a 4 cubic yard. If these are to be used for recycle purposes, customers are free to choose a different provider.

The overweight charge is being removed.

Disaster Management Rates have been identified and added to the schedule.

Commercial Recycling Hauling Permit Fee will be reduced from $2,500 to $25. State law permits businesses to contact their own recycling services, if they wish. The changes that staff has proposed present a policy shift. The current code requires that private haulers receive a letter of certification from each business and that the city issue a permit for each business the private hauler removes recyclable materials from. The current permit amount is $2,500 per business, which must be renewed annually. Staff is proposing to eliminate the letter of certification requirement. Instead, private haulers may simply list the businesses they serve as part of their permit application. Also, Staff is proposing to reduce the permit fee from $2,500 per business served to a flat $25 for the year, regardless of number of businesses served. Staff determined that the current code presents a significant barrier for private haulers and is effectively prohibitive. The proposed changes would make it easier for private haulers to operate in Schertz.

GOAL

To set fees to match the new solid waste provider approved proposal.

COMMUNITY BENEFIT

The fee schedule is a transparent way to provide information on fees charged for services for the City. These changes will provide for selected garbage services in the City of Schertz.

SUMMARY OF RECOMMENDED ACTION

Staff recommends Council approve a fee schedule to match the level of service described in the accepted solid waste proposal.

FISCAL IMPACT

Charges for service of one pick-up of garbage and recycling per week and one bulk/brush pick-up every other week would be a 52% increase for residents and 43% increase for large commercial that use roll-off containers.

The City is proposing to keep a 3% franchise fee that goes to the General Fund to pay for the use and wear of roadways, which would increase by an estimated $60,000 annually. The proposal will also lower the fee charged to the waste provider to provide billing services and customer service from 12% to 7% as the new provider will handle all commercial billing directly as well as all residential and commercial customer service calls. This decrease will lower the revenue for the Water & Sewer Fund that provides garbage services by an estimated $100,000. Schertz' Utility Billing staff is proposed to continue billing residential accounts and audit records of the new provider to ensure the proper execution of the contract and charges.

RECOMMENDATION

Adopt Ordinance 25-M-018 and update Public Works-Streets and Garbage Collection fees for FY 2024-25, effective July 1, 2025.

Attachments

Ordinance 25-M-018 with attachment

Public Works-Streets and Garbage Collection Fee Redline

Agenda No. 13.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Planning & Community Development

Subject:

BACKGROUND

City Council from time to time, on its own motion, or at the recommendation of City Staff proposes to amend, change, or modify text in any portion of the Code of Ordinances. It is generally considered good practice to periodically review and update the ordinances.

As the City is in process for adopting a new franchise contract for solid waste/recycling disposal, Staff has taken this opportunity to proactively propose amendments to the Solid Waste Ordinance in Chapter 34, Article III of the Schertz Code of Ordinances. These proposals have also created the need for amendments in the Nuisance Ordinance Chapter 54 Article V, Section 54-22 and Section 54-28.

GOAL

The main goal of these amendments is to streamline Chapter 34 - Health, Article III Solid Waste. This was done in essentially three strategies:

Revising language to convey information better and to be more consistent with other sections in the Code of Ordinances.
- Editorial updates were made to organize information more clearly and eliminate redundant language.
- The "City Manager or his/her designee" title was included to be consistent with other sections of the Code of Ordinances.
Eliminating details that are covered in the franchise agreement.
- Much of Chapter 34, Article III unnecessarily details collection and disposal of waste. These items are apt to change with each new contract the city negotiates with potential providers. This creates the opportunity for potential conflicts, and those particular details are more appropriate in the franchise agreement and are not necessarily required to be in the Code of Ordinances.
Cross-referencing items from Chapter 34, Article III - Solid Waste with the Nuisance Ordinance Chapter 54, Article V.
- Chapter 54, Article V was refined by eliminating redundant language from Section 54-28 - Rubbish and Garbage or by moving language into Chapter 54-22 Exterior property areas; nuisance upon premises.
  - One item was moved from the Nuisance Code into Solid Waste.
- Several items in the Solid Waste Ordinance have been determined by Staff to be redundant with items in the Nuisance Ordinance.

Staff is proposing to amend the following sections of Chapter 34 Article III - Solid Waste. It should be noted that the numbering of these sections will change as well. The new numerical order can be viewed in the attachments.

Schertz Code of Ordinances Chapter 34 Article III - Solid Waste

Section

Proposed Changes

Section 34-47 - Solid Waste Program Established.

Moved language referencing applicable state law from Section 34-67 to the top.
Included language referencing the city's Franchise Ordinance and where to find said ordinance.

Section 34-48 - Purpose of chapter, duties of property owners and occupants.

Changed the title to "Purpose of Article"
- This made more sense as Chapter 34 covers several topics, while Solid Waste is specifically Article III.
Editorial changes were made to split applicable regulations into subsections "(a), (b), (c), etc." to make it easier to read.
Existing language pertaining to nuisances was found to be redundant with Chapter 54-22 of the Nuisance Code.

Section 34-49 - Residential and commercial occupants must use services of franchisee.

The title of this section is misleading.
- The body of this section only pertains to "residential" services. Staff has proposed moving it to Residential Collection Regulations as it makes more editorial sense there.
Staff is proposing to remove this section entirely as it fits better in another section.

Section 34-50 - Defined Terms.

Staff reviewed this section and is proposing to delete unnecessary terms.
Staff also made edits to match definitions with the franchisee contract when applicable.

Section 34-51 - Sanitation service deposits and fees.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Sec. 34-52 - Garbage, recyclable material, rubbish, brush and refuse nuisances.

Existing language pertaining to nuisances was found to be redundant Chapter 54-22 of the Nuisance Code.
Section eliminated from the Solid Waste Article

Section 34-53 - Dumping.

Editorial changes were made to split applicable regulations into subsections "(a), (b), (c), etc." to make it easier to read.
Proposed subsection (b) was moved from the Nuisance Code Chapter 54-28 into this section.
- Nuisance code relates more to what people are doing to their own property. This particular subsection seemed more appropriate in Solid Waste as it stipulates not to use other people's dumpsters.
- Subsection (c) was moved here from Section 34-64 Prohibited acts as Staff determined it was more appropriate here.

Section 34-54 - Collection containers and receptacles for garbage, trash, brush and recyclable material.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-55 - Residential collection regulations.

This section relates to residential disposal services and, as a result, Staff is proposing to combine items from several different sections that relate to the topic of this section. Some language in this article was also eliminated as it details items that would be in the franchise contract and are not necessary here.
- Section 34-49 was moved here
- Section 34-61 subsection (a) was moved here.
- Section 34-64 subsections (c) and (g) were moved here.

Section 34-56 - Residential collection fees.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-57 - Commercial collection regulations.

Editorial changes were made to split applicable regulations into subsections "(a), (b), (c), etc." to make it easier to read.
Language was added in relation to state law and commercial operators' ability to solicit their own recycling haulers/disposal companies.
Section 34-64 subsections (c) and (g) were moved here.
- These subsections were duplicated for both "residential" and "commercial" regulations.

Section 34-58 - Commercial collection fees.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-59 - Collection and disposal of commercial garbage and recyclable material in central business district.

This section is being proposed to be removed as Schertz does not have a designated "Central Business District".

Section 34-60 - Collection contractor.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-61 - Disposal of solid waste.

Subsections (a) and (c) were moved to other sections in this Article that Staff determined to be more appropriate.
Subsection (b) appears to be in conflict with state law and other parts of the Article and was removed.

Section 34-62 - Permit for private haulers of recyclable materials.

State law permits businesses to contact their own recycling services, if they wish. This section relates to the permitting requirements for that section.
- Much of this section is remaining, except Staff has proposed a few changes relating to processing the permits and the fee assessed.
- The changes that staff has proposed present a policy shift. The current code requires that private haulers receive a letter of certification from each business and that the city issue a permit for each business the private hauler removes recyclable materials from. The current permit amount is $2,500 per business, which must be renewed annually.
  - Staff is proposing to eliminate the letter of certification requirement. Instead, private haulers may simply list the businesses they serve as part of their permit application.
  - Also, Staff is proposing to reduce the permit fee from $2,500 per business served to a flat $25 for the year regardless of number of businesses served.
  - Staff determined that the current code presents a significant barrier for private haulers and is effectively prohibitive. The proposed changes would make it easier for private haulers to operate in Schertz.

Section 34-63 - Transport of refuse.

This section is covered in the Texas Transportation Code Section 725 and is not required to be in our Code of Ordinances.
- Staff consulted with the Schertz Police Department to confirm this.

Section 34-64 - Prohibited acts.

Staff is proposing to eliminate this section and either delete redundant language or move applicable subsections to other sections in this Article.
- Subsections (a), (b), (d), (e) are redundant with other sections of the Code of Ordinances.
- Subsection (c) and (g) have been moved to the "residential" and "commercial" regulations sections.
- Subsection (f) has been moved to "dumping".

Section 34-65 - Diversion of recyclable materials.

This section is being proposed to be removed as the franchisee contract will address this, or the language here is redundant with other sections of the Code of Ordinances.

Section 34-66 - Waste from tree trimming

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-67 - Applicability of state law

Some language was moved from this section to the beginning of the Article for better organization.
Other language is being proposed to be eliminated as it is redundant with state law or explicit language from state statutes.

Section 34-68 - Enforcement

This section was moved to the beginning into "Purpose of Article".
- As a result, it is proposed to be eliminated.

Section 34-69 - Offense

This section was reworked to mirror the "Violations" section of the Nuisance Code Chapter 54, Article I Section 54-12. This was done for consistency purposes.

Section 34-70 - Sanitation service deposits and fees

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-71 - Residential collection regulations

This section is actually mislabeled and pertains to residential fees. Staff is proposing to removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-72-88 - Reserved

These reservations are proposed to be removed.

Staff is proposing to amend the following sections of the Nuisance Code Chapter 54 Article V - Property Maintenance Requirements. These amendments relate specifically to Section 54-28, in which all the subsections in Section 54-28 are being proposed to be deleted or moved. The result is that Section 54-28 will be "Reserved".

Schertz Code of Ordinances Chapter 54 Article V - Property Maintenance Requirements

Section

Proposed Changes

Section 54-22 - Exterior property areas; nuisance upon premises.

This section is proposed to only have one change.
- Incorporating subsection (b) from Section 54-28 into this section.

Section 54-28 - Rubbish and garbage.

This section is proposed to be removed as all the subsections are either deleted or moved.
- Subsection (a) has language covered in Section 54-22 and can be removed.
- Subsection (b) is proposed to be moved to Section 54-22.
- Subsection (c) is proposed to be moved to Chapter 34 Article III - Solid Waste

COMMUNITY BENEFIT

It is the City's desire to promote health and safety conditions for all residents and establishments.

SUMMARY OF RECOMMENDED ACTION

The requirements in the municipal code are to promote the health, safety, and general welfare of the city as a whole. As part of promoting health, safety, and general welfare, Staff is taking active steps to ensure the well-being of its residents by making the city's Code of Ordinances more clear and easier to understand. This is often necessary when policy/practice changes in the city, like when a new franchise contract is being negotiated with a waste/recycling disposal company. The proposed updates to the ordinance will keep the city in line with State Law and help convey the information in the Solid Waste Article better.

Additionally, the new Schertz Strategic Plan that was adopted on September 3, 2024, has the explicit goal of creating a safe and livable city by "improving property conditions and overall appearance of the city" and "promote environmental stewardship and health". These proposed amendments help the city achieve this by improving the Solid Waste and the Nuisance Ordinances.

For these reasons, the staff is recommending approval of the proposed amendments.

RECOMMENDATION

These amendments help promote the health, safety, and general welfare of the city and align with the Goals and Objectives in the Strategic Plan.

Therefore, Staff is recommending approval of Ordinance 25-H-015.

Attachments

Ord. 25-H-015 with Exhibits

Chapter 34 Article III Solid Waste - redlines

Chapter 54 Article V - redlines

City Council Presentation Slides

Agenda No. 14.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Engineering

Subject:

BACKGROUND

The City desires to update its capital recovery fees, or impact fees, in order to appropriately fund construction of new facilities and expand existing facilities to serve future development. The impact fee program facilitates the funding participation of new development at a fair rate based on the demand placed on the City's water transmission and distribution and wastewater collection and conveyance systems by the development. The fees consider and apply to water and wastewater projects identified on the City's Water and Wastewater Impact Fee CIP necessary to support growth and development. The process for amending the City's Land Use Assumptions, Capital Improvement Plans, and Impact Fees is established by Texas Local Government Code Chapter 395. To formulate the fees to be assessed, land use assumptions that project growth over a planning period must be established. Additionally, Capital Improvement Plans that address the needs of that growth must be prepared and approved. The purpose of the impact fee is to provide a funding mechanism for the implementation of the water and wastewater capital improvements over a planning period.

An initial step in the update of the impact fee is the establishment of land use assumptions, including population and employment projections over the 30-year planning period (2020-2050). The assumptions include the type, location, quantity, and timing of land uses. The Land Use Assumptions (LUAs) in Section 2 of the Impact Fee Update Report includes a description of the methodology used in preparation, explanation of the data considered, and presentation of historical and projected growth trends.

The other major step in the update of the impact fee is the preparation of Water and Wastewater Capital Improvement Plans (CIPs). The proposed CIP for water was developed based on a hydraulic model of the existing water system, application of growth projections to that model, and identification of improvement projects needed to meet TCEQ minimum requirements for water service. The proposed CIP for wastewater was developed based on a hydraulic model of the existing collection and conveyance system, application of growth projections to that model, and identification of improvement projects needed to provide required capacity within the sewer system. Individual projects are identified and are spread as appropriate over the planning period into the categories of near term, 2030, and 2050 projects for planning purposes. Projects may shift in time based on actual patterns of development and the plan should be reviewed and updated as needed in five years. (The projects that make up the Capital Improvement Plans have also been configured in such a way to serve as updated Water and Wastewater Master Plans for development which were adopted by Council on March 4, 2025.)

After the summation of CIP costs, the totals are reduced by the amount of utility service revenues expected to be generated by development over the program period and used to pay for improvement costs. Once growth rates have been established and CIP costs minus the calculated revenue credit determined, those values are used in the calculation of a cost per service unit (land use equivalent or LUE) for both water and wastewater. Those resultant amounts are the updated maximum assessable water and wastewater impact fees. Those updated maximum assessable fees are $8,814 per LUE for water and $5,556 per LUE for wastewater.

A few things to note about the applicability of impact fees. Impact fees are generally assessed at time of platting, but are not collected until issuance of a building permit or application for a meter. That means the new maximum asssessable impact fee would only apply to properties platted after the effective date of the new ordinance (typically the date of council approval - anticipated to be April 1) or a later date if so desired to allow a grace period for plats about to be filed (June 1 or July 1 for example). Properties platted before the effective date of the new ordinance cannot be charged more than the old maximum assessable impact fee regardless of how far in the future a building permit is issued. Once the new maximum assessable impact fee is established the City has in the past chosen to phase in the actual fee charged/collected based on when the building permit is issued (again this only applies to plats filed after the effective date of the ordinance or phase in).

During its meeting on January 22, 2025, the Capital Improvement Advisory Committee (CIAC) held a workshop that included presentation and discussion of the LUAs, CIPs, and calculated maximum assessable impact fees. The CIAC discussed and developed a recommendation to City Council regarding adopting the amendment to the Water and Wastewater Impact Fees. Written comments on the proposed amendments have been provided to Council in the form of their meeting minutes and are summarized here and the associated letter. The minutes having been approved by the CIAC on March 5 and were filed by posting on the City's website that week. The CIAC recommends the following based on what was proposed by City Staff:

Adopt the Water and Wastewater Land Use Assumptions and Capital Improvement Plans as presented by Staff.
Assess impact fees at the new maximum amount on properties platted after a date determined by City Council (staff is suggesting July 1 of this year) (impact fees charged to properties platted prior to that date would be at the current rate, regardless of when a building permit was pulled), but with a phase-in schedule as follows (Phase-in Option A):
- Adoption of the Water Impact Fee rate per living unit equivalent (LUE) for development of $4,407 during the first year of the program (staff suggested July 1, 2015), $6,610 during the second year (staff suggested July 1, 2026), and $8,814 during the third year (staff suggested July 1, 2027). Those rates represent 50%, 75%, and 100% of the calculated maximum assessable rates to be charged in years one, two, and three of implementation, respectively.
- Adoption of the Wastewater Impact Fee rate per living unit equivalent (LUE) for development of $2,778 during the first year of the program (staff suggested July 1, 2025), $4,167 during the second year (staff suggested July 1, 2026), and $5,556 during the third year (staff suggeted July 1, 2027). Those rates represent 50%, 75%, and 100% of the calculated maximum assessable rates to be charged in years one, two, and three of implementation, respectively.

At the public hearing on March 18, 2025 Council meeting, Council asked about what a faster implementation phase might look like. As discussed, the longer the phase in to get to the point where new development is paying the maximum assessable impact fee, the more of the burden of paying for the cost of the infrastructure necessitated by new development is shifted to existing residents and businesses. This option would maintain a three-month grace period, until July 1 2025 before the new fee schedule and the maximum assessable fee would be applied.

Phase-in Option B:

Adoption of the Water Impact Fee rate per living unit equivalent (LUE) for development of $5,817 during the first year of the program, $8,814 during the second year. Those rates represent 66% and 100% of the calculated maximum assessable rates to be charged in years one and two of implementation, respectively.
Adoption of the Wastewater Impact Fee rate per living unit equivalent (LUE) for development of $3,667 during the first year of the program and $5,556 during the second year. Those rates represent 66% and 100% of the calculated maximum assessable rates to be charged in years one and two of implementation, respectively.

Since the last council meeting, staff became aware that Senate Bill 1883 (Bettencourt) was referred to the Local Government Committee and that a public hearing and testimony was held on March 24. Senate Bill 1883, among other things, would create a limitation on impact fee increases by stipulating that "A political subdivision may not increase the amount of an impact fee for three years from the later date of the date the fee was adopted or most recently increased, if applicable." Staff has concerns that if this bill becomes law it would limit the ability fo the City to provide for a phase in of impact fees. As such staff is now recommending going to the maximum assessable impact fee year one. Additionally, staff is proposing the applicability date of the new maximum assible fee be moved forward to June 1 (to allow two months for plats about to be filed to come in under the old fee schedule) and then moving the implementation of the new fee to July 1, 2025. The concern is that as this bill moves along, changes may be made that further restrict the City's ability to impose the maximum fee.

No Phase-In Option C

Adoption of the Water Impact Fee rate per living unit equivalent (LUE) for development of $8,814 during the first year of the program which is 100% of the calculated maximum assessable rate.
Adoption of the Wastewater Impact Fee rate per living unit equivalent (LUE) for development of $5,556 during the first year of the program which is 100% of the calculated maximum assessable rate.

Public notice of the Council hearing on March 18, 2025, was published in the San Antonio Express News on February 12, 2025. At that hearing, Council and the public were given a presentation of the proposed LUAs, CIPs, and impact fees.

SUMMARY OF RECOMMENDATION
Staff recommends Council adoption of Ordinance 25-F-017 adopting the LUAs and CIPs as presented and amending Code of Ordinances Chapter 90 Article V Water and Wastewater Capital Recovery Fees including the schedule of fees to be charged and Option C for the phase in.

RECOMMENDATION
Approve Ordinance 25-F-017.

Attachments

Ordinance 25-F-017 with attachments

Chap 90 Article V redlines

4.1.25 Presentation

3.18.25 Presentation

CIAC Written Comments

Agenda No. 15.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

Resolution 25-R-021 - Authorizing the approval of a Development Agreement with BFR LLC for the approximately 30 acre tract at FM 1518 and Woman Hollering Road (S.Williams/B.James)

BACKGROUND

Staff is recommending City Council authorize a Development Agreement with BFR LLC. The agreement commits the City to providing water and sewer service to their property, an approximately 30 acre tract located at the northeast corner of Woman Hollering Road and FM 1518, that is currently in the City's Extraterritorial Jurisdiction (ETJ) and to limit city water and sewer impact fees to the amount currently being charged. Additionally, it provides that the proposed use of the property, a multi-family complex, be an allowed use. The owner agrees to petition for voluntary annexation once the project has been constructed.
In an effort to keep this item and the request for water and sewer service moving forward, staff has placed this item and agreement on the agenda prior to a full review having been completed by the owner and the City Attorney. As such updates may be provided prior to the meeting.

GOAL

Authorize a Development Agreement to provide for the orderly growth and development of property.

COMMUNITY BENEFIT

Provides for the orderly growth and development of property that allows for the City to better plan for infrastructure needs.

SUMMARY OF RECOMMENDED ACTION

Approval of Resolution 25-R-021 authorizing a Development Agreement with BFR LLC the owner of an approximately 30 acre tract at the corner of FM 1518 and Woman Hollering Road.

RECOMMENDATION

Approval of Resolution 25-R-021.

Attachments

Resolution 25-R-021 w attachment

Agenda No. 16.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

City Secretary

Subject:

Resolution 25-R-005 - Approving a Utility Service Extension Request for the Woman Hollering Townhomes (B.James/K.Woodlee)

BACKGROUND

When a property within the City Limits of the City of Schertz is proposed for development and is within the City's area of Certificate of Convenience and Necessity (CCN), the connection to the City's water and/or wastewater utilities is reviewed and processed through established procedures of the platting process. In the past, when a property outside the City Limits was proposed for development and there was a need for City water and/or wastewater service, it was required that the property be annexed into the City. Subsequent to annexation, the platting process would take place. The City cannnot require annexation as a condition to provide utility services to a property within its CCN. As a result the UDC was amended via Ordinance 24-S-14 to instead require that the developer submit a request for Utility Service Extension. According to the UDC, authority to approve the request lies with City Council. Once approved, the developer may submit for permits to construct the necessary improvements in order to be served by the City's utility infrastructure.

The proposed development is approximately 30.48 acres situated along FM 1518 on the north side of its intersection with Woman Hollering Road (12535 Woman Hollering Road). The developer proposes to construct a multifamily or townhome development with up to 230 living unit equivalents (LUEs) and desires to connect to public water and wastewater systems. Staff has evaluated the request based on existing water and wastewater facilities, flows expected to be generated by the proposed development, and the projection of other future flows from the vicinity. Adequate capacity in both the water distribution system and the wastewater collection system currently exists to serve the development. The following criteria should be considered for final action determination.

1. Whether the proposed development to be served by the extension is consistent with the Comprehensive Land Plan.

The property lies within areas designated as Complete Neighborhood and Local Corridor. A mixture of housing types and multifamily developments are identified as appropriate in those areas.

2. Whether the extension is proposed to be constructed in accordance with all applicable City ordinances, resolutions, regulations, and standards.

The utility extensions and connections will be constructed in accordance with applicable City standards.

3. Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, into the City.

If requested by the property owner, the property could be annexed into the City. No additional rights-of-way across the property are currently identified as being needed. It is also of note that the property owner proposes to enter into an agreement for annexation after certain milestones occur.

4. Whether the utility extension would compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City.

The proposed extensions are not expected to compromise the City's ability to provide timely and adequate water or wastewater facilities to property inside the City Limits.

5. Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage, or park facilities.

The proposed extensions will not lead to premature development that cannot be served by existing roadway, drainage, or park facilities.

6. Whether the utility extension is financially feasible given the proposed means of financing the extension.

The proposed extensions will be paid for by the developer.

7. Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that may be served through the extended facilities.

The proposed extensions are not expected to lead to significant degradation of environmental resources.

8. Whether the property owner proposes to extend wastewater facilities without utilizing City water facilities.

The property owner proposes to extend and be served by both City wastewater and City water facilities.

9. The extent to which the proposed agreement promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City.

By following City standards and extending utilities to provide for future extension beyond the proposed development, the extensions and proposed development of the property will allow for orderly development and is not expected to jeopardize the safe, efficient, and healthful development of the City. A development agreement is also being proposed to include annexation of the property after certain milestones of development have been met.

In conjunction with this item, staff has worked with the property owner on a Development Agreement, Resolution 25-R-021.

GOAL

The goal of the resolution is the approval of the water and wastewater Utility Extension Request for the proposed development known as the Woman Hollering Townhomes.

COMMUNITY BENEFIT

By allowing the extension of public utilities to the proposed Woman Hollering Townhome development, a short extension of the sanitary sewer main will be constructed to provide a connection point for several parcels within the City's CCN and the City Limits. Also, without approval of the service extension request, the property might still be developed, although at a lower density but with on-site septic facilities which are not desirable if public facilities are nearby and accessible. The property owner has also agreed to be annexed into the City Limits once certain development steps are completed.

SUMMARY OF RECOMMENDED ACTION

Staff recommends that Council approve the request for Utility Service Extension for City of Schertz Public Water and Wastewater infrastructure to the proposed Woman Hollering Townhomes project along with the proposed development agreement with the property owner.

RECOMMENDATION

Approve Resolution 25-R-005.

Attachments

Resolution 25-R-005

Vicinity Map

Utility Service Extension Request

Agenda No. 17.

CITY COUNCIL MEMORANDUM

City Council Meeting:

04/01/2025

Department:

Engineering

Subject:

Monthly Update - Major Projects in Progress/CIP (B.James/K.Woodlee)

Attachments

Monthly Update - Major Projects In Progress/CIP