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 August 15, 2017, at Kyle City Hall, 100 W. Center St., Kyle, Texas 78640, for the purpose of discussing the following agenda.

VIDEO


Posted this 11th day of August, 2017, prior to 9:00 p.m.


	I.	Call Meeting to Order


	II.	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.


	III.	Reports and Presentation


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

		2.	Veteran's Memorial Presentation. ~ J. Scott Sellers, City Manager

		3.	Beautification Plan Update. ~ J. Scott Sellers, City Manager


	IV.	Appointments


		4.	Confirm City Manager's reappointment to the Civil Service Commission to fill a three-year term to expire July 31, 2020. ~ J. Scott Sellers, City Manager Stuart Kirkwood


	V.	Public Hearings


		5.	Conduct a public hearing as required under Sec. 8.05 (a) of the City Charter on the City's Proposed Budget for Fiscal Year 2017-2018 totaling approximately $75.5 million for all City Funds, as amended by City Council on July 29, 2017, including water and wastewater rates, storm drainage fees, other fees and charges, and the addition of seven (7) new positions for a total 228.5 full time equivalent positions. ~ J. Scott Sellers, City Manager

		6.	Conduct a public hearing to obtain comments on the City Council's proposal to set the ad valorem tax rate of $0.5416 per $100 of assessed taxable valuation for Fiscal Year 2017-2018. ~ J. Scott Sellers, City Manager


	VI.	Consider and Possible Action


		7.	Consider and possible action on the City's Proposed Budget for Fiscal Year 2017-2018 totaling approximately $75.5 million for all City Funds, as amended by City Council on July 29, 2017, including ad valorem tax rates, water and wastewater rates, storm drainage fees, other fees and charges, and the addition of seven (7) new positions for a total 228.5 full time equivalent positions. ~ J. Scott Sellers, City Manager

		8.	(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 five year term commencing on the effective date; providing for a 4.5 percent franchise fee due to the city, containing various terms and conditions with regard to the grant of such franchise; containing a severability clause; providing for the repeal of any prior Ordinances granting a Franchise to Pedernales Electric Cooperative, Inc. for such purposes; and providing an effective date. ~ Jerry Hendrix, Chief of Staff Public Hearing

		9.	Consider and possible action to approve a Consent Agreement with North Hays County MUD. ~ J. Scott Sellers, City Manager

		10.	A Resolution of the City of Kyle, Texas, authorizing the development of Kyle Vista Park: including but not limited to, the planning, designing, funding, construction, maintaining and leasing of land; making findings of fact; and providing for related matters. (Project Just Peachy). ~ J. Scott Sellers, City Manager

		11.	Consider and possible action to approve a professional services agreement with MARMONMOK ARCHITECTURE, San Antonio, Texas, in an amount not to exceed $29,500.00 to provide site planning services for the Kyle Vista Park and direct staff to bring back a budget amendment to appropriate funding for this professional services agreement from the Park Development Fund. ~ Kerry Urbanowicz, Director of Parks and Recreation

		12.	Approve a Resolution of the City of Kyle, Texas, authorizing the Mayor to execute First Amendment for extending the term of the Amended and Restated Development Agreement by 15 years to May 5, 2032, unless sooner terminated under the terms of the agreement with Lehman Family Limited Partnership, Lehman Family Trust, and Jansen Equipment, Inc.; making findings of fact; and providing for related matters. ~ Leon Barba, P.E., City Engineer

		13.	Approve a Resolution of the City of Kyle, Texas, authorizing the Mayor to execute First Amendment for extending the term of the Development Agreement by 15 years to May 5, 2032, unless sooner terminated under the terms of the agreement with Peggy Jansen, and James Jansen; making findings of fact; and providing for related matters. ~ Leon Barba, P.E., City Engineer

		14.	(First Reading) An Ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of rezoning approximately .30 acres of land from Single Family Residential 'R-1' to Retail Service District 'RS' for property located at 901 N. Old Highway 81. (Joe R. Castillo, Trustee of Maria Castillo Life Estate c/o Castillo Real Property Trust - Z-17-013) ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-0 to recommend approval of the request. Public Hearing

		15.	(First Reading) An Ordinance of the City of Kyle, Texas, amending the City of Kyle, TX Code of Ordinances; Amending Chapter 38 Article II. Streets and Sidewalks to add a clause for municipally provided repairs; providing an effective date; providing for open meetings; and providing for severability. ~ James R. Earp, Assistant City Manager

		16.	Authorize award and execution of a Purchase Order to POLYLEVEL OF CENTRAL TEXAS, Temple, Texas, best qualified contract bidder, in an amount not to exceed $20,000.00 for a pilot sidewalk repair program. ~ Harper Wilder, Director of Public Works

		17.	First Year on Us Incentive. ~ Diana Torres, Director of Economic Development

		18.	A Resolution of the City Council of the City of Kyle, Texas accepting the Cypress Forest Phase Two 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

		19.	Approve Amendment No. 2 to DIANNA L. TINKLER, Austin, Texas in the amount of $39,262.75 for additional acquisition services associated with the Bunton Creek Interceptor, Phase 3.1 and 3.2. ~ Leon Barba, P.E., City Engineer

		20.	Approve contract Task Order No. 5 to LJA ENGINEERING, INC., Austin, Texas, in an amount not to exceed $64,242.50 for engineering services associated with Elliott Branch Phase 2 project for extending a new gravity wastewater line on Old Stagecoach Road from Center St. to the Stagecoach Subdivision. ~ Leon Barba, P.E., City Engineer

		21.	Approve Change Order No. 10 to AARON CONCRETE CONTRACTOR, LP, Austin, Texas in an amount not to exceed $20,793.82 for the purpose of adding metal beam guard fence and appropriate end treatments along Lehman, due to the change in vertical profile of Lehman, increasing the estimated quantity of retaining wall constructed to match field construction, adding flared wingwalls to Culvert 4 at Sta. 48+00 to protect the channel side slopes, and extending the headwalls upward for structures located at Sta. 33+00 and Driveway at Sta. 53+00 for a total contract amount of $4,663,717.58. ~ Leon Barba, P.E., City Engineer

		22.	Authorize award and execution of a Purchase Order to TYLER TECHNOLOGIES, Lubbock, Texas in an amount not to exceed $21,960.72 for the purchase of twelve (12) new TC-70X Android Ticket Writers/Digital Evidence Collectors/Axon Interface Devices, warranties, and accessories for the Police Department. ~ Jeff Barnett, Chief of Police

		23.	Consider and possible action to approve a Resolution of the City Council of the City of Kyle, Texas, authorizing the submission of a grant application to the Office of the Governor, Criminal Justice Division, for the purpose of funding the costs of rifle-resistant body armor for the Kyle Police Department from January 1, 2018 not to exceed twelve months; agreeing and assuring that in the event of loss or misuse of said grant funds, the City will return the total amount of funds to the Office of the Governor’s Criminal Justice Division; authorizing the City Manager to apply for, accept, reject, alter or terminate the grant on behalf of the City Council; finding and determining that the meeting at which the resolution is passed is open to the public as required by law; providing for an effective date; and making such other findings and provisions related hereto. ~ Jeff Barnett, Chief of Police

		24.	Ratify the award of a Purchase Order to WASTEWATER TRANSPORT SERVICES, Austin, Texas, in the amount of $18,666.25 for emergency services performed on an aeration basin at the City's wastewater treatment plant. ~ Jason Biemer, Division Manager of Treatment Operations, Public Works Department

		25.	(First Reading) An Ordinance of the City of Kyle, Texas, amending Section 29-16 "Sign Regulations relating to Commercial not located on Interstate 35 Sign Category.", of Chapter 29 "Sign Standards and Permits", of the City of Kyle Code of Ordinances, by creating a special exception process to allow for the establishment of unique, remarkable, wayfinding, iconic, or destination signage structures of regional interest for Non-Residential projects not fronted along the Interstate 35 right-of-way. ~ Howard J. Koontz, Director of Planning and Community Development

		26.	[Postponed 8/1/2017] (First Reading) An Ordinance amending the Code of Ordinances of the City of Kyle, Texas; amending Chapter 53 ("Zoning"), Article 1; Article IV; Division 1; authorizing the City Secretary to amend ordinance 438 of the City of Kyle so as to reflect this change; adding definitions; providing standards to encourage diversity of neighborhood and housing design in Kyle; creating a conditional use process for the review and approval of new one- and two-family housing subdivisions; providing standards for determining appropriateness of neighborhood design; providing standards for determining appropriateness of residential architecture and architectural features. ~ Howard J. Koontz, Director of Planning and Community Development Planning and Zoning Commission voted 5-0 to recommend approval. Public Hearing

		27.	Consider and possible action on an amendment to existing approval of the downtown revitalization grant awarded to Railhouse at 107 E. Center St. in the amount of $25,000. ~ Diana Torres, Director of Economic Development

		28.	Authorize the City Manager to negotiate and execute a professional services agreement with RSM US, LLP of Austin, Texas, to provide annual financial audit services to the City of Kyle for fiscal years ending September 30, 2017 through September 30, 2021. ~ Perwez A. Moheet, CPA, Director of Finance

		29.	(First Reading) A public right-of-way management ordinance by the City of Kyle, Texas; regulating the physical use, occupancy and maintenance of city rights-of-way by wireless network providers; describing the purpose; providing definitions; requiring compliance with the city design manual and applicable codes for the installation of network nodes and node support poles pursuant to chapter 284 of the texas local government code; providing city procedures for applications for permits; establishing time periods for approval of permit applications; providing application fees and annual public right-of-way rental rates; providing restrictions on placement of network nodes and node support poles in municipal parks, residential areas, historic districts and design districts; providing indemnity for the city; providing repealing and savings clauses; proving a texas open meetings act clause; and providing an effective date of September 1, 2017. ~ Jerry Hendrix, Chief of Staff

		30.	Authorize the City Manager to incur costs in an amount not to exceed $30,000.00 for a billboard from the Hotel Occupancy Tax Fund. ~ J. Scott Sellers, City Manager

		31.	Consider and possible action to approve an amendment to the Policy on Soliciting Memberships for City Boards and Commissions for consideration of reappointments. ~ R. Todd Webster, Mayor

		32.	(First Reading) An Ordinance repealing and replacing the City's Code of Ethics Ordinance No. 581, as amended; providing an effective date; and providing for open meetings. ~ R. Todd Webster, Mayor

		33.	Discussion and possible action regarding relocation of marquee. ~ R. Todd Webster, Mayor


	VII.	City Manager's Report


		34.	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 Alsco ground breaking ceremony Kyle Public Library partnership with the Hays County Food Bank


	VIII.	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. Pending or contemplated litigation or to seek the advice of the City Attorney pursuant to Section 551.071. Contemplated Litigation regarding Legislation 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 Just Peachy Project Radical Red Project Sunset Orange

		36.	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."