CITY OF KYLE

 

Notice of Regular City Council Meeting

 

https://www.cityofkyle.com/kyletv/kyle-10-live OR Spectrum10 OR Call In: US: +1(800)3368975 Meeting ID: 743 645 1934

 

Notice is hereby given that the governing body of the City of Kyle, Texas will meet at 7:00 PM on April 7, 2020, at https://www.cityofkyle.com/kyletv/kyle-10-live OR Spectrum10 OR Call In: US: +1(800)3368975 Meeting ID: 743 645 1934, for the purpose of discussing the following agenda.

 

VIDEO

Originally posted this 2nd day of April, 2020, prior to 9:00 p.m.

 

Updated this 4th day of April, 2020, prior to 10:30 a.m.

VIDEOI.Call Meeting to Order
VIDEOII.Approval of Minutes
1.City Council Meeting Minutes - October 15, 2019. ~ Jennifer Vetrano, City Secretary
2.City Council Special Meeting Minutes - November 4, 2019. ~ Jennifer Vetrano, City Secretary
3.City Council Meeting Minutes - November 4, 2019. ~ Jennifer Vetrano, City Secretary
4.City Council Special Meeting Minutes - November 18, 2019. ~ Jennifer Vetrano, City Secretary
VIDEOIII.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.

5.This meeting will be held by teleconference.  Any citizen wanting to make a comment should dial in to US: +1(800) 336-8975 Meeting ID: 743 645 1934 to register for citizen comments.  Those wishing to speak are encouraged to call in 15 minutes before the meeting begins at the number provided above.
 
IV.Appointments
VIDEO6.

Appoint nominee for position on City of Kyle Ethics Commission. ~ Michael Tobias, Council Member

  • Nancy Fahy
 
V.Reports and Presentation
VIDEO7.Task force update on Police Headquarters Construction. ~ Jeff Barnett, Chief of Police
 
VIDEO8.CIP/Road Projects and Consent Agenda Presentation. ~ Travis Mitchell, Mayor
 
VIDEOVI.Consent Agenda
9.A Resolution of the City Council of the City of Kyle, Texas accepting the Bunton Creek Reserve Phase 2 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
 
10.

Approve a resolution authorizing the Mayor to execute separate agreements with three firms to provide geotechnical and construction materials and forensic engineering testing.  Contracting will be for an approximate two (2) year period with an option to renew the contract at the end of the contract period for the same time frame and dollar amount, estimated at $75,000 per firm per year, for a total of $450,000.00.  The three firms are:  MLA GEOTECHNICAL, Austin, Texas; ARIAS GEOPROFESSIONALS, INC, Austin, Texas; RABA KISTNER, INC., Austin, Texas. ~ Leon Barba, P.E., City Engineer

 
11.

Approve Sage Plum Creek - Site Plan (SD-19-0052) 9.049 acres; 1 lot for property located at 1075 Vaughn. ~ Howard J. Koontz, Director of Planning and Community Development

 

Planning and Zoning Commission voted 6-0 to approve the Site Plan.

 

 
12.

Approve the Dedication of a Right-of-Way from Plum Creek Development Partners, LTD. ~ Leon Barba, P.E., City Engineer

 
13.Resolution of the City of Kyle Denying Texas Gas Service Company’s Requested Rate Increase; Requiring the Company to reimburse the City’s reasonable ratemaking expenses; Finding that the meeting at which this resolution is passed is open to the public as required by law; Requiring Notice of this Resolution to the Company and the City’s legal counsel. ~ Jerry Hendrix, Chief of Staff
 
14.Consider approval of a Development Agreement with Intermandeco GP, LLC. ~ James R. Earp, Assistant City Manager
 
15.Approve a Resolution of the City of Kyle, Texas, amending, replacing, and adding provisions of the City Personnel Policy to exempt compensatory time balance limit; and providing for related matters. ~ Sandra Duran, Director of Human Resources
 
16.(Second Reading) An Ordinance of the City of Kyle, Texas Extending a Disaster Declaration for the City of Kyle and Providing for a Penalty and Enforcement. ~ Travis Mitchell, Mayor
 
17.Adoption of the TIRZ Strategic Plan. ~ J. Scott Sellers, City Manager
 
VII.Public Hearings
VIDEO18.

Conduct a Public Hearing on the City's plan to issue Combination Tax and Revenue Certificates of Obligation in a principal amount not to exceed $33,955,000 to pay for the design and construction of the wastewater treatment plant expansion and associated sewer system infrastructure improvements, payment of professional services and for costs of bond issuance. ~ Perwez A. Moheet, CPA, Director of Finance

 

This meeting will be held by teleconference. Any citizen wanting to make a comment during this public hearing should dial in to US: +1(800) 336-8975 Meeting ID: 743 645 1934 to register for the public hearing. Those wishing to speak are encouraged to call in 15 minutes before the meeting begins at the number provided above.

VIII.Consider and Possible Action
VIDEO19.(First and Final Reading)  Approve an Ordinance authorizing the issuance of City of Kyle, Texas Combination Tax and Revenue Certificates of Obligation, Series 2020, in a principal amount not to exceed $33,955,000.00 to pay for the City's wastewater treatment plant expansion and associated costs; authorizing the sale thereof; and enacting provisions incident and related to the issuance of said bonds.  ~ Perwez A. Moheet, CPA, Director of Finance
 
20.Approve a Resolution to document the City's intent to reimburse for all costs incurred in association with the wastewater treatment plant expansion project from proceeds of tax-exempt bonds to be issued at a future date.  ~ Perwez A. Moheet, CPA, Director of Finance
 
VIDEO21.Review and acceptance of the City's Comprehensive Annual Financial Report (CAFR) and the Independent Auditor's Report for the fiscal year ended September 30, 2019.  Perwez A. Moheet, CPA, Director of Finance
 
VIDEO22.Presentation of the 2019 Annual Racial Profiling Report. ~ Jeff Barnett, Chief of Police
 
VIDEO23.Recommendation regarding Old Stagecoach Road Tree. ~ David Vaughn, ArborVaughan Consult, LLC
 
VIDEO24.

(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 0.023 acres of land from Retail Service District 'RS' to Telecommunication/Utility 'T/U' for property located at 23100 IH-35, in Hays County, Texas. (Deersa, LLC. - Z-20-0054) ~ Howard J. Koontz, Director of Planning and Community Development

 

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

 

  • Public Hearing

 

 
VIDEO25.Consider a request to waive the 7.5-foot front Public Utility Easements, as required by Chapter 41, Exhibit A, Section 12 (D)(1), for Final Plat, Plum Creek Uptown 1A (SUB-19-0098). ~ Howard J. Koontz, Director of Planning and Community Development
 
VIDEO26.Consider a request to waive the 5-foot Municipal Utility Easements, as required by Section 41-141 (a), for Kyle Towne Center, Replat of Lot 1A, Block A (SUB-20-0105). ~ Howard J. Koontz, Director of Planning and Community Development
 
VIDEO27.

(Second Reading) An  Ordinance of the City of Kyle, Texas, amending Section 53-930 (3), 53-933 (b)(d)(e), and Section 53-934 (d)(e) of Chapter 53 "Zoning", of the City of Kyle Code of Ordinances, by editing Neighborhood Design, Garage Requirements and Design (as described herein). ~ Howard J. Koontz, Director of Planning and Community Development

 

Planning and Zoning Commission had no objections to the proposed changes.


 
VIDEO28.(First Reading) An Ordinance amending Article IX, Chapter 50, Stormwater Regulations to include restrictions upon the unnecessary distribution of printed materials. ~ Kathy Roecker, Stormwater Management Plan Administrator and Aaron McInnes, Management Intern
 
VIDEO29.Discussion and possible action regarding Hays Street. ~ Robert Rizo, Council Member
 
VIDEO30.Transportation and Economic Resilience Planning Study. ~ Dex Ellison, Council Member
 
VIDEO31.

Discussion and possible action regarding Center Street Crosswalks. ~ Dex Ellison, Council Member

 
VIDEO32.(First Reading) An Ordinance requiring a landlord to provide a notice of proposed eviction prior to a notice to vacate as a result of the COVID-19 pandemic; creating an offense and penalty; and declaring an emergency. ~ Dex Ellison, Council Member
 
VIDEO33.(First Reading) An Ordinance providing for the closure of day cares and enacting occupancy limits and sanitation measures for gas stations and gas station customers; declaring an emergency, and providing for related matters. ~ Travis Mitchell, Mayor
 
IX.City Manager's Report
VIDEO34.

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

  • Charter Review Commission
  • Kyle Community Survey
  • COVID-19/Coronavirus Update
 
X.Executive Session
35.

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.
    • Old Stagecoach Road
    • Pipeline Ordinance
    • 104 S. Burleson Street Property
    • County Line Water CCN
    • FM-150/Anthem Water Facilities Construction Agreement
    • Plum Creek License Agreement
  2. Possible purchase, exchange, lease, or value of real estate pursuant to Section 551.072.
    • Wastewater Easement 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 Just Peachy
    • Project Indigo
    • Project Ultra Pink
 
36.Take action on items discussed in Executive Session.
 
VIDEOXI.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."