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 July 18, 2017, at Kyle City Hall, 100 W. Center St., Kyle, Texas 78640, for the purpose of discussing the following agenda.

VIDEO


Posted this 14th day of July, 2017, prior to 7:00 p.m.


	I.	Call Meeting to Order


	II.	Approval of Minutes


		1.	City Council Regular Meeting Minutes - June 20, 2017. ~ Jennifer Vetrano, City Secretary

		2.	City Council Special Meeting Minutes - June 28, 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.	Consent Agenda


		3.	(First Reading) An Ordinance of the City Council of the City of Kyle, Texas, Granting a Transmission and Distribution Electric Utility Franchise to Pedernales Electric Cooperative, Inc. for a ten year term commencing on the effective date or the longest term allowed by the City Charter; Containing Various Terms and Conditions with regard to the grant of such franchise; containing a severability clause; providing for repeal of any and all kinds of ordinances, regulations, rules, or policies that are in conflict with this ordinance; and providing an effective date. ~ Jerry Hendrix, Chief of Staff

		4.	Approve Supplement No. 9 to FREESE AND NICHOLS, INC., Austin, Texas, in an amount of $41,964.00 for a total contract amount not to exceed $1,414,627.00 for additional engineering services associated with the Burleson Street project. ~ Leon Barba, P.E., City Engineer

		5.	Approve conveyance by Kyle Apartments, LLC of a wastewater easement to the City of Kyle, Hays County, Texas, being a tract of land consisting of 0.2043 acres out of the Elisha Pruett Survey No. 23, Abstract No. 376 and the Augustus Brichta Survey, Abstract No. 517, Hays County, Texas. ~ Leon Barba, P.E., City Engineer

		6.	Authorize award and execution of a Purchase Order to HILL COUNTRY OUTDOOR POWER, Austin, Texas in an amount not to exceed $51,609.32 for the purchase of two (2) new Lazer Z (X-Series) mowers with 72" decks and two (2) new Lazer Z (X-Series) mowers with 60" decks through the Buy Board Purchasing Co-Operative for the Storm Drainage & Flood Risk Mitigation Utility in Public Works Drainage Department. ~ Harper Wilder, Director of Public Works

		7.	Declare eight (8) non-functioning laptop computers in the Police Department as surplus property and authorize the Chief of Police to dispose of the same surplus laptops in accordance with City procedures. ~ Jeff Barnett, Chief of Police

		8.	Declare two (2) vehicles in the Police Department, a 2010 Dodge Charger (VIN: 2B3AA4CT6AH113576) and a 2010 Ford Crown Victoria (VIN: 2FAFP71VX8X119492) as surplus property and authorize the Chief of Police to sell these vehicles through an internet public auction service in accordance with City procedures. ~ Jeff Barnett, Chief of Police

		9.	Authorizing the City Manager to execute a Restated Amendment # 1 to the Blanco River Investments Developer Agreement, modifying and replacing certain terms previously approved to: extend the term of the DA and certain provisions of interest to the land owners. ~ James R. Earp, Assistant City Manager

		10.	Consider and take possible action to execute a contract with the Hays County Elections Administrator for election services relating to city elections. ~ Frank Garza, City Attorney

		11.	Consider and take possible action to execute a Joint Election Agreement with Hays County Local Political Subdivisions for cost sharing related to elections. ~ Frank Garza, City Attorney


	V.	Consider and Possible Action


		12.	Consider a request by Idea Public Schools, Larkin Tackett (Idea Kyle Academy - 74,819 sf.) for a conditional use permit to allow a school as required by Chapter 53 (Zoning) Section 1047 (Authorized Conditional Uses (8) of the City of Kyle, Code of Ordinances, which states schools, public and denominational, but not day care in all districts where not otherwise specifically permitted. (CUP-17-001) ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-0 to recommend approval of the request. Public Hearing

		13.	Consider and possible action to approve a Resolution of the City of Kyle, Texas approving and authorizing PID Financing Agreement, approval of form of Service and Assessment Plan, and approval of form of Acquisition and Reimbursement Agreement related to Blanco River Ranch. ~ Jon Snyder, PIDWorks

		14.	Consider and possible action to approve a resolution of the City of Kyle renaming portions of Goforth Road to Philomena Drive and Bunton Creek Road to support increased efficiency and decreased response times for emergency services personnel; to promote increased clarity for parcel delivery related services; and provide increased clarity to residents and businesses as the City of Kyle grows; holding a public hearing and providing for related matters in accordance with the City of Kyle, Code of Ordinances, Secs. 38-332, 38-333, and 38-334. ~ William Atkinson, City Planner Public Hearing

		15.	(First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of rezoning approximately 38.78 acres of land from Entertainment District 'E' to Warehouse District 'W' for property located at 24801 N. IH-35, in Hays County, Texas. (FM 158 Land, Ltd. - Z-17-012) ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 3-2 to recommend approval of the request. Public Hearing

		16.	(Second Reading) An ordinance of the City Council of the City of Kyle, Texas to repeal Chapter 38, Division 2, Paragraphs 38-41 thru 38-44, and to amend the City's Official Code of Ordinances Chapter 47 in its entirety, to prescribe the lawful time, manner, and place for parking, stopping, and/or standing of automobiles and trailers upon both public rights of way and private property, providing a penalty for violations, providing for severability, and providing an effective date. ~ James R. Earp, Assistant City Manager

		17.	Consider a waiver request by DS Integrity Investments, LLC. from Chapter 53-33 (n)(3) (Chart 4) to exceed the maximum parking for property located at 809 W. Center Street. (Capstone Dental - W-17-002) ~ Howard J. Koontz, Director of Planning and Community Development

		18.	Consider a request by Liyan Bao for a waiver from the minimum standards provided by Section 41-82 Rural Subdivision Standards for property located at 105 B Sunrise Drive. (W-17-003 - Sunrise Acres Replat, Lot 81) ~ Howard J. Koontz, Director of Planning and Community Development Minimum street frontage requirement

		19.	Consider a waiver request by William R. Holms from the minimum standards for parking in the Warehouse (W) zoning district provided by Section 53-33, Chart 4. (Holms Self Storage) ~ Howard J. Koontz, Director of Planning and Community Development To reduce parking to only seven (7) spaces


	VI.	City Manager's Report


		20.	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 Fourth of July Recap July 29, 2017 Special Council Budget Meeting


	VII.	Executive Session


		21.	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. Possible purchase of real estate Personnel matters pursuant to Section 551.074. Economic Development negotiations pursuant to Section 551.087.

		22.	Take action on items discussed in Executive Session.


	VIII.	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."