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Kyle Council Meeting August 2, 2022


Agenda Link and online Video

Agenda Packet Link (Detailed information on agenda items)

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 August 2, 2022, at
Kyle City Hall, 100 W. Center Street, Kyle, TX 78640, for
the purpose of discussing the following agenda.
Posted this 29th day of July, 2022, prior to 12:00 p.m.
I. Call Meeting to Order
II. Approval of Minutes

  1. City Council Special Meeting Minutes – July 7, 2022. ~ Jennifer Holm, City
    Secretary
  2. City Council Special Meeting Minutes – July 9, 2022. ~ Jennifer Holm, City
    Secretary
  3. City Council Special Meeting Minutes – July 19, 2022. ~ Jennifer Holm, City
    Secretary
  4. City Council Meeting Minutes – July 19, 2022. ~ Jennifer Holm, City Secretary
  5. City Council Special Meeting Minutes – July 23, 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
  6. Agenda Order. ~ Travis Mitchell, Mayor
    V. Presentation
  7. Update on various capital improvement projects, road projects, building program,
    and/or general operational activities where no action is required. ~ Jerry Hendrix,
    Acting City Manager
    Budget Workshops
    Boards and Commissions Openings
    Free Haircuts for Kids at KRUG- August 8
    Movie in the Park – August 12
    Ash Pavilion Skate Night- August 12
    Kyle Market Days – August 13
    National Dog Day – Aug 26
    Pie in the Sky Day Celebration – Sept. 3
    Save the Date: Heroes Memorial Park Ribbon Cutting – Sept. 11
  8. CIP/Road Projects and Consent Agenda Presentation. ~ Leon Barba, P.E., City
    Engineer
    VI. Consent Agenda
  9. (First Reading) An Ordinance of the City of Kyle, Texas, Amending Division 3,
    Chapter 44 of the City of Kyle Code of Ordinances to Amend the Exemptions
    from Ad Valorem Taxes Provided in Ordinance 1210 by Removing Section 44-64
    “Veterans”; Providing for severability and conflicting ordinances; Providing for
    Open Meetings and Effective Date Clauses; and Providing for Related Matters. ~
    Paige Saenz, City Attorney
  10. Authorize award and execution of a Purchase Order to LCRA, Dallas TX, in an
    amount not to exceed $34,800.00 for the purchase and installation of mobile
    radios and misc. associated equipment for the Public Works Department. ~ Julie
    Crookston, Assistant Director Public Works
  11. Authorize amendment to memorandum of understanding between ARWA,
    previously HCPUA agency, and the cities of Buda, Kyle and San Marcos for
    water supply sharing. ~ Jerry Hendrix, Acting City Manager
  12. Authorize award and execution of a Purchase Order to Pedernales Electric
    Cooperative, Kyle, TX in an amount not to exceed $47,143.32 for the installation
    of electrical infrastructure to provide service to the wastewater treatment plant
    dewatering facility
    . ~ Leon Barba, P.E., City Engineer
  13. Approve a resolution of the City Council of the City of Kyle, Texas accepting the
    Casetta Ranch Section Four 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
  14. Consider approval of a license agreement on South Goforth Road right of way. ~
    Leon Barba, P.E., City Engineer
  15. Authorize the Police Department to Execute an Agreement with LexisNexis
    Coplogic Solutions, Inc. for the Purpose of Establishing an eCommerce Account
    for Accessing Publicly Available Crash and Citizen Online Reports. ~ Jeff
    Barnett, Chief of Police
  16. Authorize the Police Department to Execute an Agreement LexisNexis Coplogic
    Solutions, Inc. with for the Purpose of Providing Crash Reports and Establishing
    Procedures and Guidelines for Access, Use, and Fees. ~ Jeff Barnett, Chief of
    Police
  17. Authorize the Police Department to Execute an Agreement LexisNexis Coplogic
    Solutions, Inc. for the Purpose of Providing Citizen Online Reporting. ~ Jeff
    Barnett, Chief of Police
  18. Authorize the City Manager or his designee to approve the purchase of a Brazos
    Technology – commercial motor vehicle citation software license in an amount not
    to exceed $3,250.00, and a $911 recurring annual fee due 12 months from the date
    that the license is provided, and to be paid to Tyler Technologies Inc., 5101
    TENNYSON PKWY PLANO, TX 75024-3525, Texas Tax Payer#
  19. ~ Jeff Barnett, Chief of Police
  20. Authorize the City Manager or his designee to approve the purchase for Municipal
    Court Incode software in an amount not to exceed $3,120.00 to be paid to Tyler
    Technologies Inc., 5101 TENNYSON PKWY PLANO, TX 75024-3525 ,
    Texas Tax Payer# 17523039208. ~ Jeff Barnett, Chief of Police
  21. (First Reading) An ordinance of the City of Kyle, Texas, Ordering a General
    Election to be held jointly with Hays County on November 8, 2022, for the
    Election of Council Members for City Council District 1 and District 3 to serve
    three-year terms; Providing for candidate application methods, designating the
    main and branch early voting locations for such Election; Providing for an order
    and notice of such general election; Providing for related matters; Providing a
    severability clause; and Providing an effective date. ~ Travis Mitchell, Mayor
    VII. Items Pulled from Consent Agenda
    VIII.Consider and Possible Action
  22. [Postponed 7/5/2022] Consider approval of an extension to the Rate Stabilization
    Agreement between Texas Water Utilities and City of Kyle. ~ Paige Saenz, City
    Attorney
  23. [Postponed 7/5/2022] Consider approval of an agreement between Texas Water
    Utilities and the City of Kyle regarding conditions for the suspension of water
    services. ~ Paige Saenz, City Attorney
  24. Consider and possible action on a request to waive Section 23-60 of the City’s
    Code of Ordinances for construction at 19086 IH-35, Kyle, Texas (Costco) and
    to authorize the City Manager to approve the dates and times. ~ Amber Lewis,
    Assistant City Manager
    Sec. 23-60. – Noises prohibited. (12) The excavation or grading of land, or the
    erection, construction, demolition or alteration of any building or structure,
    between the hours of 9:00 p.m. and 7:00 a.m., within 600 feet of any occupied
    residential structure, or that generates, produces or results in any noise or sound
    that may be heard at the property line of any occupied residential structure;
    provided that this subsection shall not apply to any such work, construction,
    repairs or alterations that constitute an urgent necessity for the benefit and interest
    of the public safety, health or general welfare, e.g., repairs and emergency
    installations by any public utility, or to any excavation, erection, construction,
    demolition or alteration authorized by the city council to be undertaken between
    the hours of 9:00 p.m. and 7:00 a.m.
  25. (Second Reading) An Ordinance Repealing Ordinance No. 1033, Regulating
    Traffic, Authorizing and directing the installation and erection of stop signs for the
    traffic control at the intersection of Silverado Drive and FM 150 (Rebel Drive) in
    the City Limits of Kyle; Repealing any ordinance or resolution in conflict;
    providing a severability clause; Declaring a penalty; and providing an effective
    date. ~ Leon Barba, P.E., City Engineer
    City Council voted 4-3 to approve on first reading on 7/19/2022.
  26. (First and Final Reading) Consideration and Approval of an Ordinance
    Authorizing the Issuance of “City of Kyle, Texas General Obligation Bonds,
    Series 2022”; Levying a Continuing Direct Annual Ad Valorem Tax, within the
    Limitations Prescribed by Law, for the Payment of the Bonds; Authorizing the
    Execution of any Necessary Engagement Agreement with the City’s Financial
    Advisors; and Providing for an Effective Date. ~ Stephanie Leibe, Norton Rose
    Fulbright US LLP
  27. Consideration and Approval of a Resolution Relating to Establishing the City’s
    Intention to Reimburse Itself for the Prior Lawful Expenditure of Funds Relating
    to Constructing Various City Improvements from the Proceeds of Tax-Exempt
    Obligations to Be Issued By the City for Authorized Purposes; Authorizing Other
    Matters Incident and Related Thereto; And Providing an Effective Date ~
    Stephanie Leibe, Norton Rose Fulbright US LLP
  28. Consideration and possible action to approve 1-Year Landscape Maintenance at
    Heroes Memorial Park in an amount not to exceed $90,059.00. ~ Ryan
    Rosborough, AG|CM
  • $90,059.00 = $70,059.00 (In Contract Landscaping Per Attached Quote) +
    $20,000 (Out of Contract Allowance for Additional Landscaping Options for
    Parks Dept. Consideration Throughout the Year)
  1. Consideration and possible action to approve PR-07: Cellular Booster System at
    Public Safety Center in an amount not to exceed 104,823.00. ~ Ryan
    Rosborough, AG|CM
  2. Consideration and possible action to approve Dispatch Workstations & Misc.
    Furniture at Public Safety Center in an amount not to exceed $233,715.45. ~ Ryan
    Rosborough, AG|CM
  3. Consideration and possible action to approve PR-09: CAPCOG & LCRA
    Infrastructure Build-Out for Dispatch Workstations at Public Safety Center in an
    amount not to exceed $256,000.00. ~ Ryan Rosborough, AG|CM
  4. Consideration and possible action on approval to proceed with Contract
    Negotiation with LCCx for Test & Balance Services at Public Safety Center. ~
    Bob Farmer, AG|CM
  • LCCx was the only respondent to the RFQ
  1. (Second Reading) An ordinance amending Chapter 53 (Zoning) of the City of
    Kyle, Texas, for the purpose of amending Sec. 53-1230 (Zoning), to add Indoor
    Firing Range to the Entertainment “E” zoning district and amend the associated
    zoning use chart. ~ Will Atkinson, Interim Director of Planning and Community
    Development
    Planning and Zoning Commission voted 4-1 to recommend approval of the
    amendment.
    City Council voted 6-1 to approve on first reading on 7/19/2022.
  2. Consideration and approval of applying for the Railroad Crossing Elimination
    Program Grant,
    #20.327 of the Infrastructure Investment and Jobs Act. ~ Amber
    Lewis, Assistant City Manager
  3. [Postponed 7/19/2022] Consider and possible action to approve a Resolution of
    the City Council Authorizing and Creating the Limestone Creek Public
    Improvement District in accordance with Chapter 372 of the Texas Local
    Government Code; resolving other matters incident and related thereto; and
    providing an effective date. ~ Amber Lewis, Assistant City Manager
    Public Hearing
    The public hearing was left open at the 7/19/2022 Council meeting.
  4. Appoint Amber Lewis, Assistant City Manager, to the Alliance Regional Water
    Authority Board of Directors representing the City of Kyle
    . ~ Jerry Hendrix,
    Acting City Manager
  5. Discussion and possible action to direct the ethics committee to update the City’s
    ethics ordinance, including verbiage regarding notifications/updates after a
    complaint is heard by the committee. ~ Yvonne Flores-Cale, Council Member
  6. Discussion and possible action regarding updating the City’s “Core Values.” ~
    Yvonne Flores-Cale, Council Member
  7. Discussion and possible action regarding the City’s plan to staff director
    positions. ~ Yvonne Flores-Cale, Council Member
  8. Accept the resignation of Dex Ellison, Council Member District 1. ~ Travis
    Mitchell, Mayor
    IX. Executive Session
  9. 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.
  10. Pending or contemplated litigation or to seek the advice of the City
    Attorney pursuant to Section 551.071.
    1119 S. Old Highway 281
  11. Possible purchase, exchange, lease, or value of real estate pursuant to
    Section 551.072 to deliberate the purchase of real property for public
    purpose.
  12. Personnel matters pursuant to Section 551.074.
  13. 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 MBA
    Project Shamrock
  14. Take action on items discussed in Executive Session.
    X. 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.”

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