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 January 3, 2017, 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 - December 6, 2016. ~ Jennifer Vetrano, City Secretary
		2.	City Council Emergency Meeting Minutes - December 7, 2016. ~ Jennifer Vetrano, City Secretary
		3.	City Council Special Meeting Minutes - December 16, 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


		4.	Authorize award, which includes the trade in of a 2004 Chevrolet pickup, and execution of a Purchase Order to BOSSIER CHRYSLER DODGE JEEP RAM, Hillsboro, Texas, in an amount not to exceed $19,400.00 for the 2017 Promaster City Tradesman Cargo Van. ~ Kerry Urbanowicz, Director of Parks and Recreation

		5.	Authorize award and execution of a Purchase Order to TIBH IINDUSTRIES, INC., Austin, Texas, in an amount not to exceed $18,950.00, as the contractor for litter pick up and grass cutting on Interstate 35 using Easter Seals of Central Texas as the service provider. ~ Kerry Urbanowicz, Director of Parks and Recreation

		6.	Approve a Purchase Order to BROADCAST MICROWAVE SERVICES, Poway, California, a sole service provider, in an amount not to exceed $13,077 for the purchase of four replacement in-car video systems for patrol and evidence collection purposes. ~ Jeff Barnett, Chief of Police

		7.	(Second 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.

		8.	(Second 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

		9.	(Second Reading) 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

		10.	Approve the preliminary plan for Plum Creek Phase 1, Section 4B (PP-16-002) 3.828 acres; 40 single family lots located on the east corner of Fairway and Hartson. ~ Howard J. Koontz, Director of Planning and Community Development Planning & Zoning Commission voted 7-0 to recommend approval of the preliminary plan.

		11.	Approve the final plat for Plum Creek Phase 1, Section 4B (FP-16-011) 3.828 acres; 40 single family lots located on the east corner of Fairway and Hartson. ~ Howard J. Koontz, Director of Planning and Community Development Planning & Zoning Commission voted 7-0 to recommend approval of the final plat.

		12.	Approve Supplement No. 4 to LJA ENGINEERING, INC., Austin, Texas, in an amount not to exceed $32,460.00, for a total contract amount not to exceed $713,834.34 for the purpose of providing design services necessary for the development of plans and specifications for the installation of a traffic signal at the intersection of Goforth Rd. and Bunton Creek Rd. ~ Leon Barba, P.E., City Engineer

		13.	Approve Supplement No. 8 to FREESE AND NICHOLS, INC., Austin, Texas, in an amount not to exceed $11,488.00 for a total contract amount of $1,372,663.00 for the purpose of developing and revising documents requested by Union Pacific Railroad for the Quiet Zone improvements, roadway realignment options and providing additional waterline design services and documents necessary for the development of plans, specifications and estimates for the Burleson Street improvements. ~ Leon Barba, P.E., City Engineer

		14.	A Resolution of the City Council of the City of Kyle, Texas accepting the Kensington Trails Subdivision Section 5D 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.	A Resolution of the City Council of the City of Kyle, Texas accepting the Bunton Creek, 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

		16.	Interlocal Agreement between the City of Kyle, the City of San Marcos, and the Hays Caldwell Public Utility Agency For The Blanco Basin Wastewater Treatment Feasibility Study. ~ Jason Biemer, Division Manager - Treatment Operations

		17.	Approve contract Task Order No. 4 to LJA ENGINEERING, INC., Austin, Texas, in an amount not to exceed $148,097.50 for the purpose of providing engineering services for the Plum Creek Interceptor Phase 1 Improvements which replaces and upsizes an existing 12" wastewater line to an 18" wastewater line. ~ Leon Barba, P.E., City Engineer


	V.	Consider and Possible Action


		18.	(First Reading) Approve an Ordinance adopting the land use assumptions, capital improvements plan, and establishing an updated water impact fee totaling $3,535 per living unit equivalent (LUE) and an updated wastewater impact fee totaling $2,826 per LUE, amending Ordinance No. 298-2, and establishing an effective date. ~ Perwez A. Moheet, CPA, Director of Finance PUBLIC HEARING

		19.	(First Reading) An Ordinance of the City of Kyle, Texas, amending the City of Kyle, Texas Code of Ordinances; amending Part II, Chapter 41, Article V, Section 41-147 Park Land Dedication, (a) Definition of Hike and Bike Trail; providing for repeal of conflicting ordinances; providing for an effective date and an open meetings clause; and providing for related matters. ~ Kerry Urbanowicz, Director of Parks & Recreation

		20.	(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 6-0 to postpone recommendation until the January 10th P&Z meeting. PUBLIC HEARING

		21.	(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 January 10th P&Z meeting. PUBLIC HEARING

		22.	(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 January 10th P&Z meeting. PUBLIC HEARING

		23.	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 recommend approval with the condition outlined in staff memo. PUBLIC HEARING

		24.	Approve a two-year renewal to Acadian Ambulance Service of Texas, LLC, D/B/A Acadian Ambulance Service franchise to provide non-emergency and rollover emergency ambulance services within the boundaries of the City of Kyle, Texas. ~ J. Scott Sellers, City Manager


	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. Possible purchase, exchange, lease, or value of real estate pursuant to Section 551.072. Personnel matters pursuant to Section 551.074. Contract of City Manager, Scott Sellers Economic Development negotiations pursuant to Section 551.087.

		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."