CITY OF KYLE

 

Notice of Regular City Council Meeting

 

Kyle City Hall, 100 W. Center Street, Kyle, TX 78640

The public can watch remotely at: Spectrum 10; https://www.cityofkyle.com/kyletv/kyle-10-live. One or more members of the governing body may participate in the meeting by videoconference pursuant to Section 551.127, Texas Government Code, provided that a quorum of the governing body will be present at Kyle City Hall.

 

Notice is hereby given that the governing body of the City of Kyle, Texas will meet at 7:00 PM on December 6, 2022, at Kyle City Hall, 100 W. Center Street, Kyle, TX 78640, for the purpose of discussing the following agenda.

 

VIDEO

Posted this 1st day of December, 2022, prior to 6:00 p.m.
I.Call Meeting to Order
II.Approval of Minutes
1.City Council Special Meeting Minutes - November 15, 2022. ~ Jennifer Holm, City Secretary
2.City Council Meeting Minutes - November 15, 2022. ~ Jennifer Holm, City Secretary
3.City Council Special Meeting Minutes - November 17, 2022. ~ Jennifer Holm, 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.Agenda Order
4.Agenda Order. ~ Travis Mitchell, Mayor
 
V.Reports and Presentation
VIDEO5.

Presentation of the Graduates of the Kyle Citizens Police Academy Class #14. ~ Jeff Barnett, Chief of Police

Cecilia Buckner
Brian Fox Brook Gosselin Ronda Romike

 Gaylynne Carson

 Joan Fox

 Bear Heiser

 Dorris Reyes

 Marie Michelle Cohen

 Greg Gillenwaters

 Candy Lonie

 Stephanie Santa Ana

 Steven Cook

 Jennifer Gonzalez

 Marta Lyons

 Dale Watson
Miguel Zuniga      

 
VIDEO6.

Update on various capital improvement projects, road projects, building program, and/or general operational activities where no action is required. ~ Jerry Hendrix, Interim City Manager

 

  • Santa's Arrival Recap Dec. 1
  • Santa Rides in Kyle - Dec. 13-15
  • 25 Days of Christmas - Dec. 1-25
  • Comprehensive Plan Update
  • Cookies with Santa - Dec. 14
  • Page Turners Book Club - Dec. 15
  • Handmade Gifts for Teens and Adults - Dec. 17
  • Team Kyle Updates
 
VIDEO7.Presentation of the 2022 Road Bond status update by the city's consultant, Joe Cantalupo, K. Friese + Associates. ~ Jerry Hendrix, Interim City Manager
 
VIDEO8.CIP/Road Projects and Consent Agenda Presentation. ~ Leon Barba, P.E., City Engineer
 
VI.Consent Agenda
9.Approve a Resolution appointing the City's Planning & Zoning Commission to act as the Impact Fee Advisory Committee for the water and wastewater impact fee study and update. ~ Leon Barba, P.E., City Engineer
 
10.

(Second Reading) Approve an ordinance to reduce the speed limit on Conestoga Drive from Old Stage Coach Road to Jarbridge Drive. ~ Leon Barba, P.E., City Engineer

 

City Council voted 6-0 to approve on First Reading on 11/15/2022.

 
11.(First Reading) An Ordinance of the City of Kyle, Texas, Amending the Name of the Kyle Arts Commission to “Kyle Arts and Cultural Commission”; and Providing for Related Matters. ~ Paige Saenz, City Attorney
 
12.

(Second Reading) An Ordinance of the City of Kyle, Texas, Establishing Clearance Requirements for Overhead Electric, Communication, and Cable Television Lines; Providing for violation of the ordinance; Providing a penalty;  and Providing for related matters. ~ Paige Saenz, City Attorney

 

City Council voted 6-0 to approve on First Reading on 11/15/2022.

 
VIDEO13.

Approve an agreement with AFFION PUBLIC, LLC, Hershey, Pennsylvania, for City Manager search services in the amount of $28,000.00 plus reimbursement for any travel expenses incurred for candidate travel to meet with the City Council. ~ Jerry Hendrix, Interim City Manager

 
VIDEO14.Approve Task Order No. 4 to PAPE-DAWSON ENGINEERING, INC., Austin, Texas, in an amount not to exceed $65,100.00 for preparations of construction documents and technical specifications for proposed improvements to the chlorine injection systems at the Yarrington Road facility and the Lehman Road facility. ~ Leon Barba, P.E., City Engineer
 
15.Approve amended Change Order No. 9 to SKYBLUE UTILITIES, INC., Kingsland, Texas, to correct a typographical error in the not to exceed amount.  This amendment corrects previous November 6th agenda item # 11, for the total contract not to exceed $6,905,724.30 for the Southside Wastewater Improvements Project and does not require any additional funds. ~ Leon Barba, P.E., City Engineer
 
16.Approve Supplemental Amendment No. 1 to BURGESS & NIPLE, INC., Austin, Texas, in the amount of $90,040.00, increasing the total contract amount not to exceed $1,071,600.00 for additional engineering services for the Wastewater Treatment Plant Expansion. ~ Leon Barba, P.E., City Engineer
 
VIDEO17.

Authorize award and execution of a 3-year license agreement with ESRI, Redmond, California, in an amount not to exceed $38,500.00 per year for a total of $115,500.00 for the 3-year term, to provide access to and support for ArcGIS Enterprise software for geographic information and mapping system for the City of Kyle. ~ William Atkinson, Director of Planning

 
18.Approve an agreement with WORKTANGO, Austin, Texas, in an amount not to exceed $13,500.00 to provide the tools to conduct an anonymous employee engagement survey. ~ Sandra Duran, Director of Human Resources
 
19.Approve an addendum to the City's contract with ZenCity for adding the Community Survey to the public engagement software package for an additional $10,000.00, bringing the total amount to $24,999.00 for the ZenCity Community Engagement Software. ~ Rachel Sonnier, Director of Communications
 
20.

[Postponed 11/15/2022] (Second Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 7.17 acres of land from ‘A’ (Agriculture) to ‘CC’ (Community Commercial) for property located on Lot 2, Block A of the Findley Subdivision, in Hays County, Texas. (360 Old Stagecoach Retail, LLC - Z-22-0106) ~ Will Atkinson, Director of Planning

 

Planning and Zoning Commission voted 5-1 to recommend approval of the request.

 

City Council voted 6-0 to approve on First Reading on 11/1/2022.

 
VII.Items Pulled from Consent Agenda
VIII.Consider and Possible Action
VIDEO21.

Authorize award and execution of a Purchase Order to SPA SKATEPARKS, Austin, Texas, in an amount not to exceed $1,000,000.00 for the design and construction of a Skatepark at the City's Gregg-Clarke Park. ~ Mariana Espinoza, Director of Parks & Recreation

 

Parks and Recreation Board voted 5-0 to recommend approval.

 
22.Presentation regarding the Ethics Commission's recommended changes to the City's Ethics Code. ~ Mike Rubsam, Ethics Commission Chairman
 
23.

(First Reading) An Ordinance repealing and replacing the City's Code of Ethics Ordinance No. 961, as amended; providing an effective date; and providing for open meetings. ~ Travis Mitchell, Mayor

 
VIDEO24.Consideration and approval of a resolution approving the City's plan of finance pertaining to the contemplated issuance of obligations to be designated as "City of Kyle, Texas General Obligation Bonds, Series 2023"; authorizing City staff and the City's financial advisor and bond counsel to proceed with this plan of finance; and authorizing other matters related to the foregoing. ~ Stephanie Leibe, Norton Rose Fulbright US LLP (City's Bond Counsel)
 
VIDEO25.Discussion and possible action regarding the City's $294,400,000.00 road bond, to include but not limited to, road priority based on staff information and council feedback. ~ Yvonne Flores-Cale, Council Member
 
VIDEO26.(First Reading) Approve an Ordinance amending the City's approved budget for Fiscal Year 2022-2023 by appropriating $677,002.00 in additional funds from the City's General Fund and increasing the amount of total expenditures to complete the Public Safety Center project. ~ Perwez A. Moheet, CPA, Director of Finance
 
VIDEO27.Authorize award and execution of a Purchase Order to COMMERCIAL ELECTRONICS CORPS, San Antonio, Texas, in an amount not to exceed $12,906.00 for hardware, installation, and data integration services to upgrade the recording system utilized by the Police Department. This purchase is being made under the HGACBuy Board Contract. ~ Jeff Barnett, Chief of Police
 
28.Consideration and possible action to approve a quote from the LOWER COLORADO RIVER AUTHORITY (LCRA) in an amount not to exceed $135,400.00 to purchase and install three (3) new additional Dispatch Consoles at the new Public Safety Center facility. ~ Ryan Rosborough, AG|CM, City's Project Manager
 
VIDEO29.Consideration and possible action to approve a 6-month contract extension for AG|CM, Inc., from November 28, 2022 to May 31, 2023 in the amount of $230,591.00 for a total contract award in an amount not to exceed $941,015.00 of for project management services for the City's Public Safety Center project. ~ Jerry Hendrix, Interim City Manager
 
VIDEO30.Authorize award and execution of a purchase order to AARON CONCRETE CONTRACTORS, LP, Austin, Texas, in an amount not to exceed $312,528.03 which includes a five (5) percent contingency for the Center Street and South Street Quiet Zone improvements and a ten (10) percent contingency for Union Pacific Railroad direct fees to the contractor for working in their right of way. ~ Leon Barba, P.E., City Engineer
 
VIDEO31.Consider and possible action approving street and or traffic infrastructure improvements at Bunton Creek Road and Lehman Road intersection and at Bunton Creek Road and Dacy Lane intersection. ~ Leon Barba, P.E., City Engineer
 
VIDEO32.Consider approval of an interlocal agreement between City of San Marcos and City of Kyle for a water sharing arrangement and authorize the City Manager to execute said agreement. ~ Harper Wilder, Director of Public Works
 
VIDEO33.

(Second Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 4.01 acres of land from Agriculture 'A' to Retail Service District 'RS' for property located at 23451 IH-35 in Hays County, Texas. (Winn Family Limited Partnership - Z-22-0109). ~ Will Atkinson, Director of Planning

 

Planning and Zoning Commission voted 7-0 to approve the request.

City Council voted 5-0 to approve on First Reading on 11/15/2022.

 
VIDEO34.

(First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of amending the Plum Creek Planned Unit Development, Employment District (Ch. 53, Exhibit A. - Plum Creek Planned Unit Development, Art. II., Part C.-PUD Districts: Regulations & Performance Standards, Section 9. - "EMP" Employment PUD District in Hays County, Texas. ~ Will Atkinson, Director of Planning

 

Planning and Zoning Commission voted 6-0 to recommend approval.

 

  • Public Hearing
 
VIDEO35.

Consider and possible action regarding the City of Kyle's proposed Downtown Masterplan. ~ Will Atkinson, Director of Planning

 

Planning and Zoning Commission voted 6-0 to deny the plan in its current form and remit back to Planning and Zoning Commission.

 

  • Public Hearing
 
VIDEO36.

Consider a Request to reconsider a rezoning request of 1500 E RR 150 (Woodmere Park). Per Sec. 53-1205(i)(2) Time Limitation, If a petition for rezoning is denied by the city council, another petition for reclassification of the same property or any portion thereof shall not be filed within a period of 12 months from the date of final denial, except with the permission of the city council. ~ Yvonne Flores-Cale, Council Member

  

City Council voted 3-3 denying the zoning approval on 9/6/2022 (Z-22-0103).

 
VIDEO37.Discussion and possible action regarding a section of metal barb wire fencing around wastewater treatment plant perimeter adjacent to backyard property of Waterleaf Neighborhood Residents. ~ Miguel A. Zuniga PhD, Council Member
 
VIDEO38.Discussion and possible action regarding the creation of a city council policy/procedure for outgoing council, including but not limited to, protocol regarding return of city property and direction to staff regarding emails and correspondences. ~ Yvonne Flores-Cale, Council Member
 
VIDEO39.Consider and possible action to approve a spending plan for the Kyle Housing Authority's use of $75,000.00 authorized in the City of Kyle's 2022-2023 budget for repairs and upgrades at the Pete Dressen property. ~ Jerry Hendrix, Interim City Manager
 
VIDEO40.Consider and possible action to identify a date and location for the 2023 Council Visioning Workshop. ~ Amber Lewis, Assistant City Manager
 
IX.Executive Session
41.

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.

  1. Pending or contemplated litigation or to seek the advice of the City Attorney pursuant to Section 551.071.
    • AG|CM Contract
    • San Marcos and Kyle EAA lease water agreement
    • Affion Executive Search Agreement
  2. Possible purchase, exchange, lease, or value of real estate pursuant to Section 551.072 to deliberate the purchase of real property for public purpose.
    • Downtown Property Acquisition
  3. Personnel matters pursuant to Section 551.074.
  4. Convene into executive session pursuant to Section 551.087, Texas Government Code, to deliberate regarding the offer of economic incentives to one or more business prospects that the City seeks to have locate, stay, or expand in or near the City.
    • Project Fresco
 
42.

Take action on items discussed in Executive Session.

 
X.Adjourn
 At any time during the 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. 

 Under the Americans with Disabilities Act, an individual with a disability must have equal opportunity for effective communication and participation in public meetings.  Kyle City Hall is wheelchair accessible.  Individuals who require auxiliary aids, interpretive services, and/or other services for this meeting should submit a request at https://www.cityofkyle.com/contact or call (512)262-1010, 48 hours in advance of the meeting.