NovusAGENDA

CITY OF KYLE

Notice of Regular City Council Meeting

Kyle City Hall, 100 W. Center St., Kyle, Texas 78640

Notice is hereby given that the governing body of the City of Kyle, Texas will meet at 7:00 PM on November 15, 2016, at Kyle City Hall, 100 W. Center St., Kyle, Texas 78640, for the purpose of discussing the following agenda.

VIDEO


	I.	Call Meeting to Order


	II.	Approval of Minutes


		1.	City Council Regular Meeting Minutes - November 1, 2016. ~ Jennifer Vetrano, City Secretary


	III.	Citizen Comment Period with City Council


		The City Council welcomes comments from Citizens early in the agenda of regular meetings. Those wishing to speak are encouraged to sign in before the meeting begins. Speakers may be provided with an opportunity to speak during this time period on any agenda item or any other matter concerning city business, and they must observe the three-minute time limit.


	IV.	Reports and Presentation


		2.	Progress report on all five road bond projects including latest project cost estimates. ~ Leon Barba, P.E., City Engineer

		3.	Presentation by Goodwill Industries of Central Texas. ~ Damon Fogley, Mayor Pro Tem


	V.	Appointments


		4.	Consider nomination(s) and take possible action for appointments to the Library Board to fill vacancies. ~ Paul Phelan, Director of Library Services Elizabeth Corey, Reappointment Daniel Owings, New Appointment


	VI.	Consent Agenda


		5.	Authorize execution of an annual professional services agreement with CATALYST COMMERCIAL, INC., Dallas, Texas, in an amount not to exceed $24,000.00 to provide services related to developing commercial retail growth and recruitment strategies in the City of Kyle for the FY 2016-2017. ~ Diana Torres, Director of Economic Development

		6.	Approve a Resolution establishing the date for a public hearing to be held on January 3, 2017, as required under Chapter 395 of the Texas Local Government Code, to consider, discuss, and review the update to the water and wastewater land use assumptions, water and wastewater capital improvements plan, and imposition of updated water and wastewater impact fee amounts. ~ Perwez A. Moheet, CPA, Director of Finance

		7.	(Second Reading) An Ordinance of the City of Kyle, Texas, declaring a public necessity for the acquisition of fee simple title and/or permanent easement(s) and/or temporary construction easement(s) to all or portions of certain privately owned real property for the Burleson Street Road and Drainage Improvement Project in Hays County, Texas listed as follows: (1) 1.212 acres or 52,773 square feet of land, more or less, out of the Z. Hinton Survey, Abstract No. 220, and being a portion of that tract described as 18.5754 acres in a deed to James Mattox , Trustee, of record in Volume 1361, Page 154, Official Public Records, Hays County, Texas; (2) 0.1569 of one acre or 6,833 square feet of land, more or less, out of the Z. Hinton Survey, Abstract No. 220, and being a portion of that tract described as 18.5754 acres in a deed to James Mattox, Trustee, of record in Volume 1361, Page 154, Official Public Records, Hays County, Texas, and; (3) 0.0403 of one acre or 1,757 square feet of land, more or less, out of the Z. Hinton Survey, Abstract No. 220, and being a portion of that tract described as 18.5754 acres in a deed to James A. Mattox, Trustee, of record in Volume 1361, page 154, Official Public Records, Hays County, Texas; save and except any oil, gas, or other minerals in, on or under or produced from said property, which may be removed from beneath said property without any right whatsoever remaining to the owner(s) of said oil, gas or other minerals of ingress or egress to or from the surface of said property for the purpose of exploring, developing, drilling, or mining of same, and save and except any subsurface water rights in and to the property together with any and all appurtenant water rights without any right whatsoever remaining to the owner(s) of said water rights of ingress or egress to or from the surface of said property, for the purpose of exploring, developing, drilling or production of same. For the public purpose of construction, operation, reconstruction, improvements, repair and maintenance, of the Burleson Street Road and Drainage and Improvement Project; authorizing all appropriate action of the City in the institution and prosecution of condemnation proceedings to acquire such property that cannot be acquired through negotiation; ratifying and affirming all prior acts and proceedings done or initiated by attorneys, agents and employees of the city to acquire such property; authorizing all other lawful action necessary or incidental to such acquisitions or eminent domain proceedings to investigate, survey, specify, define , appraise, and secure the necessary fee simple titles and/or permanent easement(s) and/or temporary construction easement(s) to said privately owned real property; and declaring the sections of the ordinance to be severable one from the other in the event any section of this ordinance is determined to be invalid. ~ Leon Barba, P.E., City Engineer

		8.	(Second Reading) An Ordinance regulating traffic, authorizing and directing the installation and erection of stop signs for the traffic control at the intersection of North Front Street and West Lockhart Street in the city limits of Kyle; repealing any ordinance or resolution in conflict; providing a severability clause; declaring a penalty; and providing an effective date. ~ Harper Wilder, Public Works Director

		9.	(Second Reading) An Ordinance amending the City's Approved Budget for Fiscal Year 2016-17 (Budget Amendment No. 1) by increasing total appropriations for expenditures in the City's General Fund by $480,000 and decreasing fund balance in the General Fund by the same amount in order to provide interest-free cash financing to RSI, Inc., for fulfillment of their obligations under the Economic Incentives Agreement as approved by the City of Kyle. ~ Perwez A. Moheet, CPA, Director of Finance

		10.	Approve Contract Task Order No. 8 to NEPTUNE-WILKINSON ASSOCIATES, INC. Austin, Texas, in an amount not to exceed $10,500.00 for the purpose of providing engineering services for preparation of construction plans for a gravity wastewater line to eliminate the Barton Middle School Lift Station. ~ Leon Barba, P.E., City Engineer

		11.	(First Reading) An Ordinance regulating traffic, authorizing and directing the installation and erection of yield signs for traffic control at the intersection of Cleveland and McGarity in the city limits of Kyle; repealing any ordinance or resolution in conflict; providing a severability clause; declaring a penalty; and providing an effective date. ~ Leon Barba, P.E., City Engineer

		12.	Approve Plum Creek Phase 1, Section 6B-2 - Final Plat (FP-16-005) 2.319 acres; 24 lots located south of Hellman and east of FM 2770. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to approve the final plat.

		13.	Authorize the City Manager to execute a renewal of the existing Wholesale Water Supply Agreement with City of San Marcos. ~ Jason Biemer, Division Manager - Treatment Operations

		14.	A Resolution of the City Council of the City of Kyle, Texas accepting the Hays Commerce Phase 1 and Phase 2A subdivision improvements; finding and determining that the meeting at which this Resolution is passed was noticed and is open to the Public as required by law. ~ Leon Barba, P.E., City Engineer

		15.	Approve a Purchase Order to BLUEBONNET MOTORS INC., New Braunfels, TX, a contracted member of the LCRA buy board contract #3286, in an amount not to exceed $32,958.03 for the purchase of a new F150 4x4 work truck for the Public Works Department. ~ Harper Wilder, Director of Public Works

		16.	Approve a Purchase Order to RDO EQUIPMENT COMPANY, Pflugerville, Texas, through the TASB buy board cooperative government pricing contract # 424-13, in an amount not to exceed $123,736.47 for the purchase of one 4x4 John Deere Backhoe with attachments for the Public Works Department. ~ Harper Wilder, Director of Public Works

		17.	Approve contract Task Order No. 2 to LJA ENGINEERING, INC., Austin, Texas, in an amount not to exceed $26,000.00 for the purpose of providing environmental services for the Bunton Creek Interceptor Phase 3.1/3.2 wastewater line from the Southlake Lift Station to the City Wastewater Treatment Plant. ~ Leon Barba, P.E., City Engineer


	VII.	Consider and Possible Action


		18.	(Second Reading) An Ordinance amending Chapter 50 “Utilities”, of the Code of Ordinances of the City of Kyle, Texas, by the addition of Article X, “Storm Drainage and Flood Risk Mitigation” to establish a municipal drainage utility system; providing for drainage service, billing, exemptions, drainage charges and appeals; providing a severability clause, providing a savings clause; providing for a penalty not to exceed the sum of two thousand dollars ($2,000.00) per day per offense (or violation); and providing for an effective date. ~ Kathy Roecker, Stormwater Management Plan Administrator PUBLIC HEARING

		19.	A Resolution of the City of Kyle, Texas, approving and adopting an updated Parks and Recreation Master Plan. ~ Kerry Urbanowicz, Director of Parks, Recreation & Facilities

		20.	(First Reading) An Ordinance of the City of Kyle, Texas, annexing approximately 51.48 acres of land located in Hays County, Texas all of which are lying within the City's extraterritorial jurisdiction and to incorporate such property into the City of Kyle. ~ Howard J. Koontz, Director of Planning and Community Development

		21.	(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of assigning original zoning to approximately 51.48 acres of land from Agriculture 'AG' to Plum Creek R-2 'Single Family' for property located south west of the intersection of FM 2770 and FM 1626, in Hays County, Texas (Lennar Homes of Texas Land Construction, Ltd. Z-16-008). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend approval. PUBLIC HEARING

		22.	(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 52.990 acres of land from Single Family Residential-2 'R-1-2' to Single Family Detached Residential 'R-1-A' for property located on the north side of Bebee Road, 1/4 mile west of Dacy Lane, In hays County, Texas. (The Meadows at Kyle II, Ltd. - Z16-009). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted to postpone until the December 13th meeting. PUBLIC HEARING

		23.	A Resolution of the City Council of the City of Kyle, Texas accepting Meadows at Kyle Phase Six Subdivision; finding and determining that the meeting at which this Resolution is passed was noticed and is open to the Public as required by law. ~ Leon Barba, P.E., City Engineer

		24.	(Postponed) Discussion and possible action on Union Pacific Railroad siding relocation for preliminary engineering services in the amount of $270,000. ~ Shane Arabie, Travis Mitchell and* David Wilson, Council Members*

		25.	Discussion and possible action on Kyle Housing Authority. ~ Todd Webster, Mayor


	VIII.	City Manager's Report


		26.	Update on various capital improvement projects, road projects, building program, and/or general operational activities where no action is required. ~ J. Scott Sellers, City Manager Council Meeting scheduled for December 20, 2016 Proposed Date for Council Retreat


	IX.	Executive Session


		27.	Pursuant to Chapter 551, Texas Government Code, the City Council reserves the right to convene into Executive Session(s) from time to time as deemed necessary during this meeting. The City Council may convene into Executive Session pursuant to any lawful exception contained in Chapter 551 of the Texas Government Code including any or all of the following topics. Pending or contemplated litigation or to seek the advice of the City Attorney pursuant to Section 551.071. Jesse Espinoza v. City of Kyle Texas, 16CV-1172RP Possible purchase, exchange, lease, or value of real estate pursuant to Section 551.072. Personnel matters pursuant to Section 551.074. Annual performance evaluation and contract of City Manager, Scott Sellers Economic Development negotiations pursuant to Section 551.087. Project Sunset Orange Project Cherry Red Project Just Peachy

		28.	Take action on items discussed in Executive Session.


	X.	ADJOURN

At any time during the Regular City Council Meeting, the City Council may adjourn into an Executive Session, as needed, on any item listed on the agenda for which state law authorizes Executive Session to be held

*Per Texas Attorney General Opinion No. JC-0169; Open Meeting & Agenda Requirements, Dated January 24, 2000: The permissible responses to a general member communication at the meeting are limited by 551.042, as follows: "SEC. 551.042. Inquiry Made at Meeting. (a) If, at a meeting of a government body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by the subchapter, the notice provisions of this subchapter, do not apply to:(1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting."