The Kyle Report

The Kyle Report

Wednesday, June 2, 2021

How the city council voted Tuesday night

CONSENT AGENDA

Item 5: Approval of a service agreement with Prime Government Solutions, Inc., of Scottsdale, Ariz., in an amount not to exceed $7,076 annually (including electronic voting) or $6,276.99 annually (without electronic voting) for agenda automation, meeting management, and Swagit connector services. (Editor’s note: the electronic voting component would enable each council member to cast their votes simultaneously, which could then displayed on the screen.)
Item 6: Approval of assignment and assumption of agreement regarding roadway and drainage improvements on the Spooner Tract.
Item 7: Approve amendment No. 2 to task order No. 3 to K Friese & Associates, Inc., Austin, in the amount of $9,680 for a total contract amount not to exceed $247,795 for additional engineering services associated with the Center Street Wastewater Phase I improvements.
Item 8: Approve amendment No. 3 to contract task order No. 2 to CP&Y, INC., Austin, in the amount of $35,267 increasing the total contract amount not to exceed $346,757.50 for design and acquisition services for the North Trails Wastewater Interceptor improvement project.
Item 9: Authorize the city manager to enter into an agreement with Texas Realty Retail Partners (Developer) to construct the Center Street Wastewater Phase I improvements and the City agrees to reimburse the developer up to  a maximum amount not to exceed $496,458.11 for the cost of upsizing the wastewater line.
Item 10: Approve the specifications and construction contract terms between Texas Realty Retail Partners (Developer) and Lowden  Excavating, Inc., San Marcos, in order for the City to reimburse the developer per the agreement up to a maximum amount not to exceed $496,458.11 which includes a 5 percent contingency for the Center Street Wastewater Phase I improvements.
Item 11: A resolution of the city council of the City of Kyle accepting the Casetta Ranch Section 1 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.
Item 12: A resolution of the city council of the City of Kyle accepting the Casetta Ranch Section 2 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.
Item 13: Authorize the chief of police to execute and accept a grant award on behalf of the Kyle Police Department from the Texas Association of Property and Evidence Technicians in the non-match amount of $500 for the purpose of acquiring a new heat sealer and polyethylene tubing to aide in a more efficient evidence packaging process.
Item 14: Second adendum to the Development and Annexation Agreement for the Texas Lehigh Properties.
Approved 7-0

ZONING

Item 17: (Second reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle for the purpose of assigning original zoning to approximately 12.9 acres of land from Agriculture (AG) to Mixed Use District (MXD) for property located on the northeast corner of Philomena Drive and Bunton Creek Road.
Motion to postpone consideration until June 15 meeting approved 6-0 (Koch absent when vote taken)

Item 18: (Second reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle for the purpose of rezoning approximately 1.63 acres of land from Construction Manufacturing (CM) to Retail Service District (RS) for property located at 1050 Bunton Creek Road.
Approved 5-1 (Flores-Cale voting “nay,” Koch absent when vote taken)

Item 19: (Second reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle for the purpose of modifying Section 53-893 Conditional Use Permit, required.
Approved 6-1 (Tobias voting “nay”)

ANNEXATIONS

Item 25: Resolution of the City of Kyle, accepting the petition for annexation of 24.563 acres, more or less, of land located in Hays County; setting an annexation schedule; providing for open meetings and other related matters.
Approved 5-2 (Flores-Cale, Tobias voting “nay”).

Item 26: A resolution of the City of Kyle accepting the petition for annexation of 120.458 acres, more or less, of land located in Hays County, Texas; setting annexation schedule; providing for open meetings and other related matters.
Approved 7-0

NOVEMBER ROAD BOND ELECTION

Item 23: Approve a resolution expressing intent to finance expenditures to be incurred by the City of Kyle for the 2021 General Obligation Road Bond Program and to seek reimbursement of such expenditures from future General Obligation bonds issued by the City for road improvements. (Editor’s note: This is expected to be, according to documents attached to the agenda, a [maximum] $6.5 million bond program. General Obligation bonds are backed by the full faith and credit of the issuing agency and are paid for by local property taxes. Because they may involve an increase in property taxes, they require voter approval.)
Approved 6-0 (Koch absent when vote taken)

Item 27: Consider approval of an agreement with Gap Strategies in an amount not to exceed $65,000 for providing public relations services related to public education for a possible November bond election package.
Approved 7-0

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

Item 15: (First reading) An ordinance of the City of Kyle amending Ordinance 959, which granted a transmission and distribution electric utility franchise to Pedernales Electric Cooperative, Inc, to address matters related to the location of facilities in an urban development district.
Approved 6-0 (Koch absent when vote taken)

Item 16: Authorize the city manager to sign an agreement with Pedernales Electric Cooperative, Inc., to relocate overhead power lines around the premises of downtown square to adjacent streets, alleys, underground, as necessary for beautification of the downtown square pending the final form agreed to by legal.
Approved 6-0 (Koch absent when vote taken)

Item 20: Authorize the award and execution of a purchase order and construction contract with T.F. Harper & Associates, LP of Austin in an amount not to exceed $1,798,899.82 for park construction and improvements at Mary Kyle Hartson Park as per plans and specifications prepared by Coleman & Associates through the Buy Board Purchasing Cooperative.
Approved 6-0 (Koch absent when vote taken)

Item 21: Approve a professional services scope ($37,700) with Coleman and Associates of Austin for landscaping and outdoor space for 104 S Burleson.
Approved 5-0 (Koch, Bradshaw absent when vote taken)

Item 22: (First reading) Approve an ordinance amending the City's approved budget for fiscal year 2020-21 by increasing the total appropriations for expenditures in the General Fund by $8.375 million to provide $4.5 million in additional funding for the Uptown Central Park and Heroes Memorial Park projects; $3.5 million for 2021 road bond program; and $375,000 for a Christmas “Trail of Lights” and decorated historic water tower in downtown Kyle.
Motion to divide the item into four separate votes approved 7-0. Motion to add the $4.5 million approved 7-0; motion to add the $3.5 million approved 6-1 (Bradshaw voting “nay”); motion to add $200,000 for Christmas “Trail of Lights” approved 7-0; motion to add $175,000 for downtown water tower lighting approved on roll-call vote 4-3 (Ellison, Flores-Cale, Tobias voting “nay”).

Item 24: (First Reading) An ordinance of the City of Kyle regulating certain offenses by amending Chapter 23, “Miscellaneous Offenses” to add Article XII titled “Unlawful Activities in Public Area”; providing a purpose, definition, and enforcement and penalty provision in Division I, “General Provisions;” providing prohibitions on camping and obstruction, affirmative defenses, and disposition of belongings provisions In Division II, “Camping and Obstruction Prohibited;” providing definitions, prohibitions, and offenses in Division III, “Aggressive Confrontation Prohibited;” providing prohibitions on begging in Division IV, “Begging Activity;” and providing a severability clause, savings clause; open meetings clause and effective date.
Approved 7-0 (second reading waived)

Item 28: Discussion and possible action on classifications, pay and pay parity for telecommunicators.
Approved 7-0

Item 31: Take action on items discussed in Executive Session.
No action taken during Executive Session.


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