CITY OF KYLE

 

Notice of Regular City Council Meeting

 

Kyle City Hall, 100 W. Center Street, Kyle, TX 78640; Spectrum 10; https://www.cityofkyle.com/kyletv/kyle-10-live

SPECIAL NOTE: Pursuant to the March 16, 2020 proclamation issued by Governor Abbott, this meeting will be held in-person and by videoconference in order to advance the public health goal of limiting face-to-face meetings (also called 'social distancing') to slow the spread of COVID-19. Some City Council members will be present in the chamber while others will attend the meeting via videoconferencing. This meeting can be viewed live online at https://www.cityofkyle.com/kyletv/kyle-10-live OR Spectrum10. **Special Note** This meeting was originally posted for 2/16/2021, but due to the Winter Storm 2021 it is being rescheduled for 2/23/2021.

 

Notice is hereby given that the governing body of the City of Kyle, Texas will meet at 7:00 PM on February 23, 2021, at Kyle City Hall, 100 W. Center Street, Kyle, TX 78640; Spectrum 10; https://www.cityofkyle.com/kyletv/kyle-10-live, for the purpose of discussing the following agenda.

 

VIDEO

Posted this 20th day of February, 2021, prior to 1:30 p.m.
VIDEOI.Call Meeting to Order
VIDEOII.Approval of Minutes
1.City Council Special Meeting Minutes - February 2, 2021. ~ Jennifer Holm, City Secretary
2.City Council Meeting Minutes - February 2, 2021. ~ 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.

VIDEO3.

Members of the public that wish to provide citizen comment have the following options:

  1. In-Person at Kyle City Hall   
  2. Virtual Attendance - Submit the online registration form found at: https://www.cityofkyle.com/council/citizen-comment-sign. Registration must be received by 12 p.m. on the day of the meeting.
 
IV.Appointments
VIDEO4.

Consider nomination and take action for appointment to the Planning and Zoning Commission to fill unexpired term. ~ Howard J. Koontz, Director of Planning and Community Development

 

  • Brandon James (Seat 6)
 
VIDEO5.

Consider nominations and take possible action for reappointment to the Kyle Parks and Recreation Board to fill expired terms. ~ Mariana Espinoza, Director of Parks & Recreation

 

  • Roman Wommack (Seat 4)
  • Victor Medina (Seat 6)
 
V.Reports and Presentation
6.President George Washington Day Proclamation. ~ Travis Mitchell, Mayor
 
7.Presentation on Parks and Recreation Department Annual Report and Upcoming Programs and Activities ~ Mariana Espinoza, Director of Parks & Recreation. 
 
8.Kyle Area Senior Zone Presentation. ~ Larry Simone, President
 
VIDEO9.Presentation of the 2020 Annual Racial Profiling Report. ~ Jeff Barnett, Chief of Police
 
10.Emergency Cash Assistance Program "ECAP" Report. ~ Barbara Thompson, Greater San Marcos Partnership
 
VIDEO11.CIP/Road Projects and Consent Agenda Presentation. ~ Travis Mitchell, Mayor
 
VIDEOVI.Consent Agenda
12.Approve Amendment No. 3 to LJA ENGINEERING, INC., Austin, Texas, in the amount of $11,702.00 increasing the total contract amount not to exceed $244,682.91 for the Schlemmer & Porter St. Wastewater Project. ~ Leon Barba, P.E., City Engineer
 
13.

Approve Amendment No. 9 to ESPEY CONSULTANTS, INC. dba RPS, Austin, Texas, in the amount of $79,481.00 for a total contract amount not to exceed $1,010,481.85 for additional engineering services associated with the Southside Wastewater Improvements Project. ~ Leon Barba, P.E., City Engineer

 
14.Approve the conveyance of a 15 foot wastewater line easement to the City of Kyle from Mountain Plum, Ltd. ~ Leon Barba, P.E., City Engineer
 
15.

Approve the conveyance of two (2) 15 foot wastewater line easements to the City of Kyle from Majestic Kyle, LLC. ~ Leon Barba, P.E., City Engineer

 
16.Assignment of Agreement Regarding Roadway and Drainage Improvements – Spooner Tract between the City of Kyle and Sandera Land Development Company, LLC. ~ J. Scott Sellers, City Manager
 
17.

Plum Creek Phase 1, Section 7B - Final Plat (SUB-20-0132) 23.492 acres; 2 mixed-use lots for property located north and along Kohler's Crossing, east of and along existing and future Marketplace Ave. ~ Howard J. Koontz, Director of Planning and Community Development

 

Planning and Zoning Commission voted 6-0 to approve the final plat.

 
VIDEO18.

Plum Creek Uptown Central Park - Final Plat (SUB-20-0164) 1.672 acres; 1 lot for property located approximately 580-feet north of Doherty. ~ Howard J. Koontz, Director of Planning and Community Development

 

Planning and Zoning Commission voted 6-0 to approve the final plat.

 
VII.Consider and Possible Action
VIDEO19.(First Reading) An Ordinance of the City of Kyle, Texas, Amending the City of Kyle Code of Ordinances; Amending Chapter 29, “Sign Standards And Permits”, to Amend the Definition of Billboard; Amending Provisions Related to Prohibited Signs; Establishing Maximum Size and Height of Signs; Providing a Severability Clause; Providing an Effective Date; and Providing for Related Matters. ~ Paige Saenz, City Attorney
 
VIDEO20.

[POSTPONED 2/2/2021] (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, to rezone approximately 19.5 acres of land from Retail Service District ‘RS’ to Multi-Family Residential-3 ‘R-3-3’ for property located at 5492 Kyle Center Drive, in Hays County, Texas. (DDR DB Kyle LP - Z-20-0069) ~ Howard J. Koontz, Director of Planning and Community Development

 

Planning and Zoning Commission voted 5-1 to deny the request.

 

  • Public Hearing
 
VIDEO21.

(First Reading) An ordinance amending Chapter 53 (Zoning) for City of Kyle, Texas, for the purpose of assigning original zoning to approximately 29.8 acres of land from Agriculture 'AG' to Single Family Residential-3 'R-1-3' for property located southeast of Lehman Road and south of Lehman High School, in Hays County, Texas. (Clayton Properties Group, Inc D/B/A Brohn Homes - Z-21-0070) ~ Howard J. Koontz, Director of Planning and Community Development

 

Planning and Zoning Commission voted 5-1 to approve the request.

 

  • Public Hearing

 

 
VIDEO22.A Resolution of Support for a Housing Tax Credit Application for The Katherine, a 55+ Affordable Rental Housing Development, and Commitment of Development Funding by a Local Political Subdivision. ~ Robert Rizo, Council Member
 
VIDEO23.Consider & Possible Action to Direct the Planning & Zoning Commission to Revise the CBD 1 & CBD 2 zoning codes. ~ Dex Ellison & Michael Tobias, Council Members
 
VIDEO24.(First Reading) An Ordinance of the City of Kyle, Texas Regulating Sex Offender Residency within the City and Establishing Child Safety Zones; Amending Chapter 23 of the Code of Ordinances Entitled “Miscellaneous Offenses” by adding Article XI to be Entitled “Child Safety Zones;” Making it Unlawful for Certain Sex Offenders to Reside within 1500 feet of Premises where Children Commonly Gather; Providing Exceptions to the Ordinance; Prohibiting Property Owners from Renting Real Property to Certain Sex Offenders; Providing Penalties for Violations of the Ordinance; Repealing Ordinances or Parts of Ordinances in Conflict Therewith; Providing a Severability Clause, Findings of Fact and Providing for Open Meetings. ~ Jeff Barnett, Chief of Police
 
25.Discussion and Possible Action to Recognize Kyle City Employees for their Extraordinary Efforts During Winter Storm Uri. ~ Rick Koch, Mayor Pro Tem
 
VIII.City Manager's Report
VIDEO26.

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

  • Great Texas River Cleanup - March 6th
  • COVID Testing and Vaccine info
 
IX.Executive Session
VIDEO27.

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.
    • Pipeline Ordinance
    • City Lights and Kyle Marketplace Subdivision/Development
    • Zoning Application Process
    • Plum Creek Land Dedication
    • Water Well Agreement
    • Texas Lehigh Lease
    • Parks Bond Interlocal Agreement with Hays County
    • 104 S. Burleson
    • Tax Credit Housing    
  2. Possible purchase, exchange, lease, or value of real estate pursuant to Section 551.072.
    • Plum Creek Land Dedication
  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.
    • 104 S. Burleson
    • Project Space Shuttle
 
VIDEO28.Take action on items discussed in Executive Session.
 
VIDEOX.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."