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 December 6, 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 for November 15, 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.	Consent Agenda


		2.	Authorize award and execution of a Purchase Order to PYRO SHOWS OF TEXAS, INC., Fort Worth, Texas, in an amount not to exceed $20,000.00 for the 2017 July 4th Independence Day celebration fireworks show. ~ Kerry Urbanowicz, Director of Parks and Recreation

		3.	Approve Plum Creek Phase 1, Section 12B - Preliminary Plan (PP-16-003) 0.971 acres; 1 commercial lot located off of Kohler's Crossing and Cromwell. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend approval.

		4.	Approve Plum Creek Phase 1, Section 12B - Final Plat (FP-16-012) 0.971 acres; 1 commercial lot located off of Kohler's Crossing and Cromwell. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend approval.

		5.	Approve conveyance by SCC Kyle Partners, LTD. of a Water Line Utility Easement to the City of Kyle, Hays County, Texas, being more particularly described as a tract of land containing 0.0668 acre (2,909 square feet) out of the John M. Green Survey No. 21, Abstract No. 200 in Hays County, Texas, and being out of and a part of Lot 5A, Block "A" of SCC Bunton Creek Subdivision Replat of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Block "A" to establish Lot 1A, Lot 2A, Lot 3A, Lot 4A, Lot 5A, Lot 6A, a subdivision in Hays County, Texas, recorded in Volume 16, Pages 348-350 of the Plat Records of Hays County, Texas (P.R.H.C.T.), said lot 5A was conveyed to SCC Kyle Partners, LTD., in Volume 3260, page 751 of the Official Public Records of Hays County, Texas (O.P.R.H.C.T.). ~ Leon Barba, P.E., City Engineer

		6.	(Second 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

		7.	(Second 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

		8.	Approve conveyance by F.M. 158 Land, LTD.,of a Water Line Utility Easement to the City of Kyle, Hays County, Texas, being more particularly described as a 0.454 acre (19,788 square feet) tract of land situated in the James W. William Survey, Abstract No. 11 Hays County, Texas, being a portion of a called 132.101 acre tract of land (Parcel 1, Tract 1) described in a Special Warranty Deed from Edward R. Coleman and Spouse, Henrietta Coleman to F.M. 158 Land LTD., A Texas Limited Partnership, and recorded in Volume 2765, page 175, O.P.R.H.C.Tx. ~ Leon Barba, P.E., City Engineer

		9.	Approve conveyance by F.M. 158 Land, LTD., of a Water Line Utility Easement to the City of Kyle, Hays County, Texas, being more particularly described as a 0.265 acre (11,535 square feet) tract of land situated in the James W. William Survey, Abstract No. 11 Hays County, Texas, being a portion of a called 132.101 acre tract of land (Parcel 1, Tract 1) described in a Special Warranty Deed from Edward R. Coleman and spouse, Henrietta Coleman to F.M.158 Land, LTD., a Texas Limited Partnership, and recorded in Volume 2702, page 613, of the Official Public Records of Hays County, Texas (O.P.R.H.C. Tx.), dated June 9, 2005. ~ Leon Barba, P.E., City Engineer

		10.	Approve conveyance by Adriana E. Lira, Independent Administrator, Estate of Juan Francisco Lira, Deceased, of a drainage easement to the City of Kyle, Hays County, Texas, being more particularly described as 499 square feet, more or less, of land area being a portion of Tract "A", Blas Tenorio Subdivision, Hays County, Texas, recorded in Volume 1, page 69 of the Plat records of Hays County, Texas. ~ Leon Barba, P.E., City Engineer

		11.	Approve conveyance by Salvador M. Yzaguirre, acting by Debora Y. DiFiore, Attorney-in-Fact, and spouse, Lucille C. Yzaguirre of a portion of Lot E, Blas M. Tenorio Subdivision, to the City of Kyle, Hays County, Texas, being more particularly described as 0.059 of an acre out of Lot E, Blas M. Tenorio Subdivision, a subdivision of record in Book 1, page 69, Hays County Plat Records, as conveyed to Salvador Yzaguirre by deed recorded Volume 350, page 199, Official Public Records of Hays County, Texas. ~ Leon Barba, P.E., City Engineer

		12.	(Second 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

		13.	Approve a contract between Hays County and the City of Kyle for the Kyle Community Library to receive $30,000 from Hays County during fiscal year 2016-2017 to subsidize library services for county residents. ~ Paul Phelan, Director of Library Services

		14.	Approve the site plan for Kyle Wellness Center (SD-16-019) 0.971 acres; 1 commercial lot located at 4036 Cromwell Drive ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend approval.

		15.	Authorize City of Kyle to show support for the Texas 2050 Plan, A Framework for Economic Development Growth, with no financial contribution. ~ Diana Torres, Director of Economic Development


	V.	Consider and Possible Action


		16.	Authorize City Manager to execute a contract with Texas Department of Agriculture in the amount of $975,671.00, subject to city attorney review for the Texas Capital Fund Grant. ~ J. Scott Sellers, City Manager

		17.	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

		18.	(First Reading) Approve an Ordinance amending the City's Approved Budget for Fiscal Year 2016-17 (Budget Amendment No. 2) by increasing total appropriations for expenditures in the General Fund by $270,000 and decreasing the fund balance in the General Fund by the same amount in order to provide funding for a preliminary engineering study to relocate the rail siding operated by the Union Pacific Railroad Company in Kyle, Texas. ~ Perwez A. Moheet, CPA, Director of Finance

		19.	(First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 68.5 acres of land from Single Family Residential-2 "R-1-2" and rezone approximately 10.38 acres of land from Central Business District-1 "CBD-1" to Single Family Detached Residential "R-1-A" for property located on the west side of Scott Street at W. Third Street, in Hays County, Texas. (Blanton Family Limited Partnership - Z-16-010) ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to postpone recommendation until the December 13th P&Z meeting. PUBLIC HEARING

		20.	(First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 7.26 acres of land from Single Family Residential "R-1" to Single Family Detached Residential "R-1-A" for property located on the southwest corner of Zapata Street and W. Hays Street, in Hays County, Texas. (Thomas Kaminski - Z-16-011). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to postpone recommendation until the December 13th P&Z meeting. PUBLIC HEARING

		21.	Consider amendments to the City of Kyle Code of Ordinances, Chapter 53, Zoning: specifically, Article I, Section 53-5 (Definitions); and Article II, Division 1, Section 53-33 (General Requirements and Limitations); and Article II, Divisions 2, 3, 4 and 5, as well as creating a new division and re-numbering existing divisions; and prior Ordinance 824 (Providing standards for determining a front wall for the purposes of establishing garage setback). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to postpone recommendation until the December 13th P&Z meeting. PUBLIC HEARING

		22.	(First Reading) An ordinance amending the Code of Ordinances of the City of Kyle, Texas; amending Chapter 11 ("Business Regulations"), Article IV ("Peddlers, Solicitors and Vendors"); adding definitions; adding permitting requirements; altering permissible hours of operations; clarifying allowable items to be sold; altering permissible locations of operations; creating a food court land use and adding associated terms and provisions, and repealing conflicting provisions. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-1 to recommend approval. PUBLIC HEARING

		23.	(First Reading) An Ordinance of the City of Kyle, Texas Code of Ordinances amending Chapter 5, Animals, Article III. Animal Protection and Article IX. Animal Care and Control; providing a repealing clause; providing a savings clause; providing a severability clause; providing for publication; and setting an effective date. ~ Jeff Barnett, Chief of Police

		24.	Small Business Incentive Program. ~ Travis Mitchell, Council Member


	VI.	City Manager's Report


		25.	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


	VII.	Executive Session


		26.	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. Sidewalk and Storm Drainage Consultation Pending terms for the funding agreement with Kyle Area Chamber of Commerce Development Agreement for annexation of property on FM 2770 Possible purchase, exchange, lease, or value of real estate pursuant to Section 551.072. Property acquisition on Road Bond Projects Property acquisition for Bunton Creek Interceptor Purchase of Property for a Municipal Purpose Personnel matters pursuant to Section 551.074. Contract of City Manager, Scott Sellers Economic Development negotiations pursuant to Section 551.087. Project Sunset Orange Project Cherry Red Project Just Peachy Project Wild Blue Project Steel Blue

		27.	Take action on items discussed in Executive Session.


	VIII.	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."