How the city council voted Tuesday

Consent Agenda

Item 6: Approve the conveyance of a wastewater line easement to the City of Kyle from Pantaleon Tenorio, Jr. for the Schlemmer and Porter Street Wastewater Line Improvement Project, Phase 1.
Item 7: Approval of underground agreement between Pedernales Electric Cooperative, Inc. and the City of Kyle for electrical service installation to Heroes Memorial Park located near intersection of Kohlers Crossing and FM 1626.
Item 8: Hays County election services contract and joint election agreement. (Editor’s note: This is the annual contract with Hays County to conduct the city's elections.)
Item 9: Approve an estimated amount of $20,110.50 for election services in accordance with the approved contract with the Hays County elections administrator relating to the Nov. 2 elections.
Item 10: Approve a resolution of the city council accepting the Brooks Ranch Phase 1 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. 
Item 11: Approve library board recommendation to increase checkout limit to 10 DVDs and 25 total items per card. 
Item 12: Approve change order No. 1 to construction contract with T.F. Harper & Associates, LP,  Austin, in the amount of $24,992.46, increasing the total contract amount not to exceed $1,823,892.28  for the inclusion of 560 linear feet of three-inch diameter PVC conduit installation for future dry utilities related to park construction and improvements at Mary Kyle Hartson Park.
Item 13: Approve an agreement with Parallel - A Brand Agency, San Antonio, in an amount not to exceed $18,250 for event and marketing services (for the proposed “Kyle Fair and Fajita Cook-off”).
Item 14: Approve and ratify a purchase order to McGray & McGray, Land Surveyors, Inc., 3301 Hancock Drive, Suite 6, Austin, in the amount of $16,816 for providing right of way and topographic services for the downtown relocation of overhead lines around Old City Hall project. (Editor’s note: This survey is being performed to confirm the number of easements that will be necessary should the city proceed to the construction or relocation of the overhead lines.)
Approved 7-0

Appointments

Item 4: Confirm city manager's appointment of Jeneva Garza to the Civil Service Commission to fill a vacancy for a three-year term to expire July 31, 2024.
Approved 7-0

Zoning

Item 15: (First Reading) An ordinance amending Chapter 53 (Zoning) of the city for the purpose of assigning original zoning to 24.65 acres from Agriculture (AG) to Manufactured Home Park District (M-3) for property located 600 Bebee Road.
Approved 7-0 (second reading waived)

Item 16: (First Reading) An ordinance amending Chapter 53 (Zoning) of the city for the purpose  of modifying Sec. 53-5 Definitions (Building Acre, Multifamily Residential Restricted, Townhouse).
Approved 7-0 (second reading waived)

Item 17: (First Reading) An ordinance amending Chapter 53 (Zoning) of the city for the purpose of modifying Sec. 53-1047 – Authorized Conditional Uses; Exhibit A. – Plum Creek Planned Unit Development, Article II. – Planned Unit Development District, Part D. – Additional Use Regulations Sec. 1. - Additional use, height and area regulations and exceptions applicable to PUD districts unless otherwise approved by the city council.
Approved 7-0 (second reading waived)

Item 19: [Postponed 7/6/21] (First Reading) An ordinance amending Chapter 53 (Zoning) of the city for the purpose of assigning original zoning to 10.81 acres to Retail Service District (RS) and 34.83 acres to Multi-Family Residential-3 (R-3-3) for property located at 20139 IH-35 (the undeveloped south corner of Bebee Road and IH-35).
Motion to postpone consideration until first September council meeting approved 5-1 (Ellison dissenting, Mayor Mitchell recused)

Other items for individual consideration

Item 18: Consideration of an application to waive requirements for public road access to Lots 4A & 4B of the Oak Mesa Subdivision.
Approved 7-0

Item 20: Approve a resolution accepting a petition for the creation of the Kyle 57 Public Improvement District and calling for a public hearing.
Approved 7-0

Item 21: [Postponed 7/20/2021] (Second Reading) An ordinance amending Article II to include a Section 12-23 Roundabouts, requiring use of roundabouts in certain intersections, requiring consideration of roundabouts in certain intersections, requiring compliance with national standards in the construction of roundabouts, requiring notice of exclusions, providing severability, effective date, and open meetings clauses; and providing for related matters.
Approved 6-1 (Tobias dissenting)

Item 22: (First Reading) An ordinance ordering a general election to be held jointly with Hays County on Nov. 2 for the election of city council Place Five and Place Six to serve three-year terms. (Editor’s note: These are the council positions currently held by Mayor Pro Tem Rick Koch and Michael Tobias, respectively. Both Koch and Tobias are seeking re-election.)
Approved 7-0 (second reading waived)

Item 23: Discussion regarding Public Safety Center.
Motion by Mayor Travis Mitchell to direct staff to continue on with the plans that have been presented dedicating the square footage as outlined with, when the building opens, the police occupying slightly more than two-thirds of the center and administrative occupying slightly less than one- third approved 7-0. (Editor’s note: I inquired as to the propriety of taking action on an item listed in the agenda as a “discussion” item only and was told by city staff “As long as the subject matter is posted, the council can take action on the item. Additionally, the item was posted for both regular session and executive session. The agenda allows the council to take action on items discussed in executive session and the Public Safety Center was noted. As a practical matter, the council has an opportunity to reaffirm last night's vote when considering the Guaranteed Maximum Price Proposal that will come to council Sept. 7.”)

Item 26: Take action on items discussed in Executive Session.
Motion to authorize the city manager to approve an amendment to the Balcones Trail Workforce Housing payment and development agreement to provide the units to be restricted to tenants having an AMI of 60 percent or less approved 6-0 (Mayor Mitchell absent when vote taken)