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 1, 2016, at Kyle City Hall, 100 W. Center St., Kyle, Texas 78640, for the purpose of discussing the following agenda.

VIDEO


Posted this 28th day of October, 2016, prior to 7:00 p.m.


	I.	Call Meeting to Order


	II.	Approval of Minutes


		1.	City Council Regular Meeting Minutes - October 18, 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.	Resolution


		2.	A Resolution of the City of Kyle, Texas, indicating support and appreciation for veterans of the United States Armed Forces, especially those who have died in action or are missing, and expressing gratitude for the members of Kyle VFW post 12058 and AMVET post 115 for their tireless and selfless service to the Kyle community and the veterans who have chosen to call Kyle their home. ~ Mayor Pro Tem Damon Fogley, Council Member Shane Arabie, and Council Member David Wilson


	V.	Reports and Presentation


		3.	Presentation on microsurfacing projects. ~ Leon Barba, P.E., City Engineer

		4.	Presentation of billboard requirements. ~ J. Scott Sellers, City Manager

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


	VI.	Appointments


		6.	Consider appointment of Freddie E. Dippel, Jr., P.E., as the City of Kyle's Extra Territorial Jurisdiction (ETJ) Representative on the Impact Fee Advisory Committee as required under Chapter 395 of the Texas Local Government Code for the Water and Wastewater Impact Fee Study. ~ Perwez A. Moheet, CPA, Director of Finance

		7.	Appointments to the P&Z Commission. ~ Howard J. Koontz, Director of Planning and Community Development Mike Torres Rick Koch Allison Wilson (Reappointment)


	VII.	Public Hearings


		8.	Second of two Public Hearings regarding a petition for voluntary annexation from Lennar Homes of Texas Land and Construction, Ltd. The property is 51.48 acres of land located southwest of the intersection of FM 2770 and FM 1626. ~ Howard J. Koontz, Director of Planning and Community Development


	VIII.	Consent Agenda


		9.	Possible action to dispose of Surplus Equipment. ~ Jeff Barnett, Chief of Police

		10.	Authorize award and execution of a Purchase Order to C&M AIR COOLED ENGINES, INC., Waco, Texas, in an amount not to exceed $46,999.83 for one (1) Ventrac Tractor 4500P and various options and attachments to be used in City of Kyle public parks. ~ Kerry Urbanowicz, Director of Parks and Recreation


	IX.	Consider and Possible Action


		11.	(First 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

		12.	(Second Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of assigning original zoning to approximately 5 acres of land from Agriculture 'AG' to Retail Service District 'RS' for property located at 245 Lehman Road, in Hays County, Texas. (Tom and Lyndee Jordan - Z-16-007). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 3-2 to recommend conditional approval

		13.	(First 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 Road Street 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 Road Street 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

		14.	Consider and possible action to approve a Regulatory Sign Policy. ~ Leon Barba, P.E., City Engineer

		15.	Consider and possible action to approve installation of a Stop Sign at Front St. at Lockhart. ~ Harper Wilder, Public Works Director

		16.	Approve contract Task Order No. 3 to K. FRIESE & ASSOCIATES, INC., Austin, Texas, in an amount not to exceed $203,625.00 for the purpose of providing engineering services for the Center Street Village Wastewater Improvements which replaces and upsizes an existing 12" wastewater line with an 18" to 21" wastewater line. ~ Leon Barba, P.E., City Engineer

		17.	Discussion and possible action on Union Pacific Railroad siding relocation for preliminary engineering services in the amount of $270,000. ~ J. Scott Sellers, City Manager

		18.	Consider and possible action to approve Technical Amendment to RSI Economic Incentives Agreement. ~ Diana Torres, Director of Economic Development

		19.	(First Reading) Approve 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


	X.	City Manager's Report


		20.	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 Update on FM 2770 Drainage Project


	XI.	Executive Session


		21.	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. Economic Development negotiations pursuant to Section 551.087.

		22.	Take action on items discussed in Executive Session.


	XII.	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."