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 March 21, 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 - February 21, 2017. ~ Jennifer Vetrano, City Secretary
		2.	City Council Regular Meeting Minutes - March 7, 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


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

		4.	Presentation on Goforth, Bunton, and Philomena. ~ J. Scott Sellers, City Manager


	V.	Consent Agenda


		5.	A Resolution of the City Council of the City of Kyle, Texas authorizing the acceptance of a grant in the amount of $25,200.00 from the Office of the Governor, Criminal Justice Division, for the purpose of funding the conversion to the National Incident Based Reporting System for the Fiscal Year 2017. ~ Jeff Barnett, Chief of Police

		6.	Authorize award and execution of a Purchase Order to BENTLEY SYSTEMS, INC., Exton, PA, in an amount not to exceed $41,884.04 for user license and annual subscription fee for WaterGEMS and SewerGEMS modeling software. ~ Leon Barba, P.E., City Engineer

		7.	Authorize award and execution of a Purchase Order to BLUEBONNET MOTORS, INC., New Braunfels, TX, a contracted member of the LCRA BuyBoard contract #3286, in an amount not to exceed $28,367.31. for the purchase of a new F150 4X4 work truck for the Public Works Department. ~ Harper Wilder, Director of Public Works

		8.	Authorize award and execution of a Purchase Order to CALDWELL COUNTRY CHEVROLET, Caldwell, TX, a member of BuyBoard contract #430-13, in an amount not to exceed $49,921.00 for the purchase of a new 3500HD 4X4 work truck for the Public Works Department. ~ Harper Wilder, Director of Public Works

		9.	Authorize award and execution of a Purchase Order to FREIGHTLINER OF AUSTIN, Austin, TX, a member of BuyBoard contract #521-16, in an amount not to exceed $389,399.00 for the purchase of a new Vactor truck for the Public Works Department. ~ Harper Wilder, Director of Public Works

		10.	Authorize award and execution of a Purchase Order to WASTEWATER TRANSPORT SERVICES, Austin TX, in an amount not to exceed $30,127.50 for the cleaning of one of the aeration basins at the City's wastewater treatment plant. ~ Harper Wilder, Director of Public Works

		11.	Approve a development agreement pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, between the City of Kyle and Tim Miller and Ann Berghammer. ~ Howard J. Koontz, Director of Planning and Community Development


	VI.	Consider and Possible Action


		12.	Review and acceptance of City's Comprehensive Annual Financial report (CAFR) and Independent Auditors' Report for fiscal year ended September 30, 2016. ~ Perwez A. Moheet, CPA, Director of Finance and Michael W. O'Brien, CPA, Partner, Padgett Stratemann & Co., Certified Public Accountants

		13.	[Postponed 2/21/2017] Consider and possible action regarding an amended and restated development agreement for the Sunset Hills Subdivision. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend that the development agreement go forward to City Council.

		14.	[Postponed 2/21/2017] (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) - Z-16-009). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommended to rezone the property to R-1-3. PUBLIC HEARING

		15.	(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of assigning original zoning to approximately (Tract 1: 27.66 acres of land) (Tract 2: 4.19 acres of land) from Agriculture 'AG; to Retail Service District 'RS' for properties located at (Tract 1: 900 and 1000 Scott Street) (Tract 2: 1101 Old Stagecoach Road), in Hays County, Texas. (MooreRood Properties, LLC - Z-17-003). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-1 to recommend approval. PUBLIC HEARING

		16.	(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 1.67 acres of land from Retail Service District 'RS' to a dual zoning of Retail Service District 'RS' and Entertainment 'E' for property located at 107 E. Center Street, in Hays County, Texas. (South Center Street Holdings, LLC. Z-17-004). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend approval. PUBLIC HEARING

		17.	(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of assigning original zoning to approximately 13.52 acres of land from Agriculture 'AG' to Construction Manufacturing 'CM' for property located on IH-35 at CR 208, in Hays County, Texas. (Rodolfo and Guadalupe Martinez and Mary Ann Mendoza Z-17-005). ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 6-0 to recommend denial. PUBLIC HEARING

		18.	(First Reading) An ordinance of the City of Kyle, Texas, amending Section 53-899 "I-35 Overlay District Development Standards.", of Chapter 53 "Zoning", of the City of Kyle Code of Ordinances, by removing the allowance for outdoor display and sales of new and used vehicles (as described herein), from the I-35 Overlay District Development Standards. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-1 to recommend approval. PUBLIC HEARING

		19.	Consider and possible action regarding a Development Agreement with Blanco River Ranch. ~ James R. Earp, Assistant City Manager

		20.	Approve a deposit reimbursement agreement with UNION PACIFIC RAILROAD COMPANY (UPRR) for the City to reimburse UPRR for the cost of review and approval of City's preliminary engineering and other related services in an amount not to exceed $100,000.00 associated with the implementation of railroad quiet zones on Center Street, South Street, Opal Lane and Roland Lane and direct staff to bring back a budget amendment to provide required funding. ~ J. Scott Sellers, City Manager

		21.	Consider and possible action to approve an electronic sign permit for Rick Coleman regarding double-sided changeable electronic variable message sign "CEVMS" on-premise billboard. ~ Howard J. Koontz, Director of Planning and Community Development

		22.	General discussion regarding Old Post Road. ~ Damon Fogley, Mayor Pro Tem


	VII.	City Manager's Report


		23.	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 Budget and CIP Project Updates FY 2017 Proposed Budget Retreat with Council - May 6, 2017


	VIII.	Executive Session


		24.	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. Economic Development negotiations pursuant to Section 551.087. Project Sunset Orange

		25.	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."