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 17, 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 - January 3, 2017. ~ 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 road bond projects including latest project cost estimates. ~ Leon Barba, P.E., City Engineer

		3.	Presentation on Hays County Hazard Mitigation Plan Update. ~ Kathy Roecker, Stormwater Management Plan Administrator


	V.	Consent Agenda


		4.	Approve Change Order No. 1 to GUERRA UNDERGROUND, LLC, Austin, Texas, for the Tenorio Addition Wastewater System Rehabilitation Project, Phase One B in an amount not to exceed $35,803.36 for a total contract amount not to exceed $479,743.36 for additional labor and equipment caused by a restriction of work hours due to school related traffic. ~ Leon Barba, P.E., City Engineer

		5.	Award a contract in an amount not to exceed $179,500.00 to TRI-STATE COATINGS, Wadena, MN, lowest and most responsible bidder, to perform all work required for the Yarrington Rd. Tank, the FM 1626 Tank and on the Downtown Elevated Tank. ~ Leon Barba, P. E., City Engineer

		6.	Award a contract in an amount not to exceed $64,200.00 to TTE, LLC., Spicewood, TX, lowest and most responsible bidder, to perform all electrical work for installation of SCADA antenna and equipment installation and sunscreens at various locations. ~ Leon Barba, P.E., City Engineer

		7.	(Second Reading) 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

		8.	(Second Reading) An Ordinance Amending 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.

		9.	Statutorily disapprove Plum Creek Phase 2, Section 1 - Final Plat (FP-16-015) 89-739 acres; 312 single family, 1 school, 1 amenity, 2 open space and 7 easement lots located on the northeast corner of Kohlers' Crossing and FM 2770. ~ Howard J. Koontz, Director of Planning and Community Development. P&Z voted 5-0 to statutorily disapprove the final plat to meet the 30 day statutory requirement.

		10.	Statutorily disapprove Plum Creek Phase 1, Section 6B-3 - Final Plat (FP-17-001) 2.848 acres; 20 residential lots located immediately south of Hellman and east of FM 2770. ~ Howard J. Koontz, Director of Planning and Community Development. Planning and Zoning Commission vote 5-0 to statutorily disapprove to meet the 30 day statutory requirement.

		11.	Approve a Resolution ratifying the authorization for the submission of a reimbursement grant application to the Office of the Governor, Criminal Justice Division, for the purpose of funding Texas Conversion to the National Incident Based Reporting System for the Fiscal Year 2017. ~ Jeff Barnett, Chief of Police

		12.	Authorize the transfer of ownership of a 1988 GMC Armored Truck, VIN 1GDJ7D1F2JV508903, to the Pearsall Independent School District for the express purpose of law enforcement utilization. ~ Jeff Barnett, Chief of Police

		13.	Authorize the disposal of expired bullet resistant vests, having no current value or use, from the police department's inventory. ~ Jeff Barnett, Chief of Police

		14.	Declaring certain items from the Information Technology Department as surplus and also directing the appropriate city staff to advertise and sell the items in accordance with city policy. ~ Jerry Hendrix, Chief of Staff


	VI.	Consider and Possible Action


		15.	[Postponed 1/3/2017] (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. (Sunset Hills) - Z16-009). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-0 to postpone recommendation until the February 14th P&Z meeting. PUBLIC HEARING

		16.	[Postponed 1/3/2017] (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 5-0 to postpone recommendation until the February 14th P&Z meeting. PUBLIC HEARING

		17.	[Postponed 1/3/2017] (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 5-0 to postpone recommendation until the February 14th P&Z meeting. PUBLIC HEARING

		18.	(First Reading) An Ordinance to assign original zoning to approximately 4.01 acres of land from Agriculture 'AG' to Warehouse District 'W' for property located at 1381 Goforth Road. (John R. and Gayla Simon - Z-16-013). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 3-2 to recommend to assign original zoning of Retail Service District 'RS'. PUBLIC HEARING

		19.	Consider and possible action to approve a Municipal Hotel Occupancy Tax Funding Agreement for Tourism and Promotional Services with the Kyle Area Chamber of Commerce. ~ J. Scott Sellers, City Manager

		20.	Consider request to ammend scope of work and reimburse Live Oak Masonic Lodge for the Downtown Revitalization Grant they were awarded on June 21, 2016 in the amount of $3,138.06. ~ Diana Torres, Director of Economic Development

		21.	Approve a Resolution authorizing the negotiation of an agreement with HALFF ASSOCIATES, INC., Austin, Texas, to provide services related to creating a new Drainage Master Plan. ~ Leon Barba, P.E., City Engineer

		22.	Consider and possible action to approve up to $100,000.00 for proposed drainage improvements to the existing drainage culvert on FM 2770 just north of Hellman. ~ Scott Sellers, City Manager

		23.	(First Reading) Approve an Ordinance Granting Michael J. Blevins, d/b/a On Tyme Taxi & Courier Service, a Franchise to Provide Taxi Services within the Boundaries of the City of Kyle, Texas; providing an agreement prescribing conditions, terms, and regulations governing the operation of the taxi services; providing penalties for noncompliance with franchise; providing for codification; providing for severability; providing for public notice pursuant to the open meetings act; establishing an effective date; and making such other findings and provisions related hereto. ~ Jerry Hendrix, Chief of Staff

		24.	(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

		25.	Consider and possible action to approve an Employment Agreement with City Manager, Scott Sellers. ~ Todd Webster, Mayor


	VII.	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 WWTP Grant Award in the amount of $132,215.00


	VIII.	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 Appeal Update and Associated Matters 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. Project Just Peachy Project Cherry Red Project Sunset Orange Project Teal Project Pacific Blue

		28.	Take action on items discussed in Executive Session.


	IX.	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."