City considering $6.5 million bond package to improve four roads

The city council has scheduled a vote Tuesday on whether to go another $6.5 million (maximum) further in debt to improve four roads in Kyle — Center Street/Stagecoach Road, Beebee Road, Marketplace Avenue, and Windy Hill Road.

According to items filed with Tuesday’s agenda item, the $6.5 million raised through the issuance of General Obligation bonds would be used to pay for “public education, engineering, design, survey, right-of-way acquisitions, widening, realignment, turn lanes, roundabouts, low water crossings, drainage improvements, street signage, traffic signals, sidewalks, streetlights, and greenspaces.”

The bond sale would have to be approved by voters in this November’s election in which the council seats currently held by Mayor Pro Temp Rick Koch and Michael Tobias would also be on the ballot. General Obligation bonds are backed by the full faith and credit of the issuing agency (in this case, the City of Kyle) and are paid for by local property taxes. Because they may involve an increase in property taxes, they require voter approval.

The agenda item reads: “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.”

Tuesday’s agenda also includes a contract with an Austin PR firm, Gap Strategies, to sell the bond package to Kyle voters, even though using taxpayer funds for such purposes is illegal. The City will try to skirt the illegality of this expenditure by labeling Gap Strategies PR efforts as “public education,” a strategy that was successful during the last bond election to finance the new police headquarters building and park improvements because no one challenged the illegality of the activities in court.

City council to consider unnecessary, redundant camping ban

"But the idea of America, the promise of America: this I clung to with a stubbornness that suprised even me … the America of pioneers heading west in search of a better life or immigrants landing on Ellis Island, propelled by a yearning for freedom. It was the America of Thomas Edison and the Wright brothers, making dreams take flight, and Jackie Robinson stealing home. It was Chuck Berry and Bob Dylan, Billie Holiday at the Village Vanguard and Johnny Cash at Folsom State Prison — all those misfits who took the scraps that others overlooked or discarded and made beauty no one had seen before. It was the America of Lincoln at Gettysburg and Jane Addams toiling in a Chicago settlement home, and weary GIs at Normandy, and Dr. King on the National Mall summoning courage in others and in himself. It was the Constitution and the Bill of Rights, crafted by flawed but brilliant thinkers who reasoned their way to a system at once sturdy and capable of change.”

–Barack Obama, A Promised Land 

As if you probably didn’t already know by previous articles in this journal, my political philosophy and approach to governance were shaped in large part by the writings of Alexis de Tocqueville who identified five values he felt were essential to America’s success as a constitutional republic: liberty, egalitarianism, individualism, populism and laissez-faire. Thomas Jefferson was also a believer in Tocqueville’s values and applied those values into the Declaration of Independence when he wrote: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”

Tocqueville warned about “the tyranny of the majority” in a democracy and that strong, independent systems would be needed to protect the rights of an unpopular minority that were terminated by such tyrannies.

This country and its democratic form of government championed by Tocqueville just emerged from a national administration bent on destroying most, if not all, of his values. Yet those values and democracy itself are still under attack by those challenging the results of the last presidential election and supporting the insurrectionists who attempted to overthrow the government on Jan. 6. That last administration practiced “the tyranny of the majority” by constructing figurative and literal border walls to separate that majority from minorities it labeled as unpopular and whose “unalienable rights” were denied to them by the administration in power.

It’s a strange paradox that the same election that saw that presidential administration tossed out of office also saw that “tyranny of the majority” enshrined in our local city council. Led by Trumpian council member Yvonne Flores-Cale, this council is hell-bent on constructing figurative border walls to protect the frightened and insecure majority in Kyle by trampling on the “ unalienable rights” of the unpopular minority. 

The first example of this was the creation of sex ghettos in Kyle — small, remote enclaves in which persons wishing to move to Kyle who are listed in the state’s sex offender database will be required to live. Where Tocqueville, Jefferson, Obama and others who believed in the values as outlined in the Declaration of Independence — “that no person is my inferior or my better” — would argue that perhaps those values suggested that the creation of centers to counsel, treat and other help might be a more beneficial, a more humane, a more American approach, the Trumpian philosophy as espoused by Flores-Cale and others is “keep them away from us and then forget about them.”

Now she is championing an ordinance she is calling “Unlawful activities in (sic) public area” — i.e., activities she doesn’t like and doesn’t want to be exposed to — that is not only more Trumpian and less reflective of American values than the one creating the sex ghettos, but is also completely unnecessary because much of its emphasis is going be rendered redundant in the next few days when Gov. Gregg Abbott will sign House Bill 1925 that makes camping in an unapproved public place anywhere in the state a Class C misdemeanor, punishable by a fine of up to $500, the exact same thing Flores-Cale’s ordinance would do.

At least the statewide ban, which would overrule anything the city passes, includes a bit of human kindness — a touch of Tocqueville’s values — completely absent in Flores-Cale’s version. HB 1925 will require local law enforcement officers to redirect homeless people to available local resources — such as shelters or nonprofit groups — “before or at the time” they issue a citation.

Flores-Cale’s ordinance, the first reading of which is on Tuesday’s council agenda, also includes a completely unenforceable prohibition against “aggressive confrontation” and another prohibiting “public begging,” which includes equally unenforceable sections that would outlaw using deceptive practices “in the course of soliciting a donation.” But these sections are not meant to be enforced. In fact, neither of these sections mention anything about enforcement. They are simply for show. This is nothing more than Flores-Cale pandering to “the tyranny of the majority.”

And, of course, the rest of the council will undoubtedly go along with her and pass this ordinance, because they, too, have fallen prey to “the tyranny of the majority.” They are solely interested in their own individual political fortunes and not at all with any of the values outlined in the Declaration of the Independence. In their eyes, only the majority who vote in Kyle “are endowed … with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.” Everybody else, those who belong to the unpopular minority, must be kept as far away as possible from that majority and must simply fend for themselves.

I believe Tocqueville’s two-volume Democracy in America should be required reading for any person who seeks public office in this country. I’m convinced not one single member of the Kyle City Council has read it. I fear that not one single member of the Kyle City Council has even heard of it.

KPD accepting applications for victim services training

The Kyle Police Department is currently accepting applications from anyone who wishes to become a victims services volunteer, a person trained to respond to crime scenes, when requested, and provide crisis intervention, support, assistance and resources to those who have been affected by the incident being investigated, the City announced today.

Volunteers must complete four training sessions that are scheduled for 6 to 9 p.m. June 16, 17, and 21 along with a day-long session set for 8 a.m. to 5 p.m. June 19. The training will be held at the San Marcos Police Department, 2300 S. Interstate 35, in San Marcos.

According to the City’s announcement, volunteers must:

• Be at least 21 years old
• Have a vehicle, maintain insurance coverage on the vehicle and have a current and valid driver’s license.  
• Be able to make a one-year commitment and attend monthly meetings/training sessions, that will take place at either the Kyle Police Department or the San Marcos Police Department. 
• Be able to maintain professional demeanor in crisis situations. 
• Be able to maintain strict confidences. 
• Be of good moral character. 
• Be able to interact with several classifications of people and treat all victims/survivors in a courteous and professional manner. 
• Be able to work with a minimum of supervision. 
• Maintain a monthly record of hours volunteered and report them in a timely manner.

The City said anyone who meets this criteria and is interested in volunteering for the training should contact Victim Services Coordinator Kelly Delagarza at 512-268-0859, extension 7845, or e-mail kdelagarza@cityofkyle.com.

“Volunteers are required to commit to one 12-hour on call shift a month,” the City’s announcement said. “Volunteers will only need to be available to respond to a call if one comes in on their shift. The Victim Services Unit currently has eight volunteers in the program. “

City to sponsor bulky trash, hazardous waste drop-off

Got any old batteries, cell phone, fluorescent lights, you want to get rid of safely and legally? How about old furniture, mattresses or tires? If you don’t mind loading it up in your own vehicle, the City is offering you the opportunity unload all these items and more at Gregg-Clarke Park between 8 and 11:30 a.m. Saturday June 5.

"Our aim with this event is to provide the community with an opportunity to dispose of any trash and unwanted items at no cost to them,” Kyle Code Enforcement Officer Duarte Pamplona said in a prepared statement released today by the City.

Persons who want to drop off items must bring a photo ID and a City of Kyle utility bill to prove they reside within the city limits and “be prepared to leave the vehicle to unload at the drop site,” the City said in today’s prepared statement.

“Attendees will be able to enter Gregg-Clarke Park by taking Old Stagecoach Road to Center Street and turning left on Ranger Drive,” the City’s statement said. “They will be directed on where to unload materials and items by City staff and volunteers.”

Acceptable items to unload include mattresses, appliances (except for refrigerators and freezers), household debris, furniture, scrap metal, above-ground pools, computers, televisions and tires (with a limit of four passenger/light tires per vehicle). Household hazardous waste items that will be accepted include batteries, cell phones, degreasers, drain cleaners, fluorescent lights, paints, sharp items such as needles, blades, scalpels, etc., and weed killers.

Items that will not be accepted include compressed gas cylinders, medical waste, pharmaceuticals, waste generated by businesses, construction waste, hot tubs, refrigerators, freezers and yard and brush waste.

“The City is encouraging visitors who are not fully vaccinated against COVID-19 to continue wearing a face covering over the nose and mouth when at City-owned outdoor public spaces when it is not feasible to maintain six feet of distance from someone outside of their household,” the City’s statement said.

More information about the drop-off is available at this website.

City manager outlines Heroes Park groundbreaking, trails open house

 City Manager Scott Sellers told the city council Tuesday night the groundbreaking for the Heroes Memorial Park will take place Memorial Day morning and that an open house will be held the very next day to solicit public input on trails in the city.

The groundbreaking is scheduled to take place between 10 and 11:30 a.m., Monday, May 31, next to the pond adjacent to the CISD Performing Arts Center at the northwest corner of Kyle Parkway and Kohlers Crossing.

“We will be honoring our veterans and first responders and other community heroes,” Sellers said. “We’ll have a few festivities as part of that dedication. It should be great for the whole community.”

More information on the groundbreaking is available at this website.

The public trails open house event is scheduled for 4 to 6 p.m., Tuesday, June 1, in the council’s chambers at city hall.

“This will be in advance of national Trails Day, which is June 5,” Sellers said. “This is an opportunity for our citizens to see where those trail segments are in the city of Kyle and offer their input on location, material type, width and amenities. So anybody in Kyle who is interested in our city-wide trail system, which includes Emerald Crown and some other local connections, should come to this event and make their voices heard.”

How the city council voted Tuesday night

 CONSENT AGENDA

Item 7: Approve a development agreement between City of Kyle and Meritage Homes of Texas, LLC or assigns.
Item 8: Termination and release of two water easements for Kyle Mortgage Investors.
Item 9: Consider approval of an agreement with Railpros Field Services, Grapevine, Texas, in an amount not to exceed $47,575 for providing observation services required by Union Pacific Railroad (UPRR) during installation of casing, reclaimed water line, and wastewater line under the UPRR tracks.
Item 10: Consider approval of an agreement with Railpros Field Services, Inc., Grapevine, Texas, in an amount not to exceed $42,369 for providing flagging services required by Union Pacific Railroad (UPRR) during installation of a casing, reclaimed water line, and wastewater line crossing under the UPRR tracks.
Item 11: Authorize the chief of police to execute and accept a grant award on behalf of the Kyle Police Department from the Texas Office of the Attorney General in the amount of $4,300 for the purpose of acquiring software in support of the partnership with the Internet Crime Against Children task force program.
Item 12: Approval of Change Order No. 1 to N.G. Painting, LP 1225 Bandera Hwy #A2, Kerrville, Texas, in an additional amount not to exceed $50,000 increasing the total contract amount not to exceed $392,000 for the purpose of providing additional work for the well No. 4 elevated storage tank located on Kohlers Crossing, and the downtown elevated storage tank next to city hall.
Item 13: (Second Reading) An ordinance of the City of Kyle annexing 25.2 acres of land, more or less, located in Hays County, including the abutting streets, roadways, and rights-of-way into the corporate limits of the city, at the request of the property owner; approving a service plan for the annexed area; making finding of fact; providing a severability clause and an effective date; and providing for open meetings and other related matters.
Approved 7-0

ZONING

Item 15: (First 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 6-1 (Flores-Cale voting “nay”)

Item 16: (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle for the purpose of  assigning original zoning to approximately 1.105 acres of land from Agriculture (AG) to Retail Service District (RS) for property located within the 1800 block of Goforth Road.
Approved 7-0 (second reading waived)

Item 17: (First 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 (Mayor pro tem Rick Koch voting “nay”)

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

Item 14 (pulled from Consent Agenda): Authorize the city manager to enter an agreement with Pedernales Electric Cooperative, Inc., to relocate overhead power lines around the premises of Krug Activity Center to adjacent streets, alleys, underground, as necessary for beautification of Downtown Square, Mary Kyle Hartson Park.
Approved 7-0

Item 18: (Second Reading) An ordinance of the City of Kyle adopting an amendment to the cty's 2010 Comprehensive Plan; providing for the amendment of the plan by including Manufactured Home Subdivision District (M-2) and Manufactured Home Park (M-3) to the New Town Community Land Use District; providing for related matters.
Approved 5-2 (Ellison, Flores-Cale voting “nay”)

(EDITOR’S NOTE: Items 19 and 20 considered collectively)
Item 19: [Postponed 5/4/2021] Consider approving an amendment regarding declaration related to the conveyance of the Central Park parcel to the city and authorize the city manager to execute documents related to closing on the parcel.
Item 20: Consider and possible action to approve a temporary construction easement and access agreement.
Approved 7-0

(EDITOR’S NOTE: Items 21 and 22 considered collectively)
Item 21: [Postponed 5/4/2021] Authorize award and execution of a contract with Cadence McShane Construction Company in an amount not to exceed $7.95 million for the construction of Heroes Memorial Park.
Item 22: [Postponed 5/4/2021] Authorize award and execution of a contract with Stoddard Construction Management, Inc., in an amount not to exceed $4.85 million for the construction of Uptown Central Park and Cultural Trails.
Approved 7-0

(EDITOR’S NOTE: Items 23 and 24 considered collectively)
Item 23: [Postponed 5/4/2021] Consider approving a resolution directing publication of a notice of public hearing and intention to issue combination tax and revenue Certificates of Obligation.
Item 24: [Postponed 5/4/2021] Acceptance of the resolution of the board of Kyle Tax Increment Reinvestment Zone (TIRZ) No. 2, as passed on April 29, authorizing the city council of the City of Kyle to issue on its behalf Certificates of Obligation bonds in an amount not to exceed $5 million for the design and construction of three roads in Uptown Plum Creek development and other related matters and direct the city to prepare a reimbursement agreement between the city and TIRZ No. 2 for the repayment of debt associated with this bond.
Approved 7-0

Item 25: Consider approving a resolution authorizing amendments to the personnel policy.
Approved 7-0

Item 26: Approve the City of Kyle’s voluntary commitment to reducing particulate matter (PM2.5) emissions within the Austin-Round Rock-Georgetown Metropolitan Statistical Area.
Vote deemed not necessary because official commitment no longer required by CAPCOG.

Item 27: Discussion of implementation of Proposition F - Police Department Oversight. (EDITOR’S NOTE: Following a presentation by council member Dex Ellison on the progress of drafting an ordinance to implement a police oversight committee approved by voters last November, Mayor Travis Mitchell motioned to create a Proposition F Task Force composed of council members Ellison, Rizo and Tobias to solicit public feedback on Proposition F and report back to the full council on “a future date.”)
Motion approved 7-0

Item 28: Discussion and possible action to direct staff to prepare a camping and begging activity ordinance. (EDITOR’S NOTE: Mayor Travis Mitchell moved to direct staff to draft an ordinance consistent with the “item outlined in the agenda.”)
Motion approved 7-0

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

Council passes sex offender residency ordinance

The city council unanimously approved on second and final reading last night an ordinance designed to discourage certain sex offenders from moving to Kyle by restricting where they may live.

The ordinance would prohibit certain sex offenders considering relocating here from establishing a permanent or temporary residence, or to be a recurring visitor at a residence located within 1,000 feet of premises where children commonly gather.

“The ordinance would not apply to (any current Kyle) homeowners or those with a rental/lease agreement in effect before the ordinance’s passing; or to individuals that were required to register as a sex offender as a minor but were not convicted as an adult; or to individuals living in a medical facility such as hospitals or inpatient facilities,” the city said today in a formal statement announcing the council’s vote.

“This ordinance wasn’t written to be punitive toward any part of our population,” the city’s statement quoted Kyle Chief of Police Jeff Barnett as saying.

The ordinance does, however, make it unlawful for certain sex offenders, including those already residing in the city, to leave decorations or exterior porch lights on or otherwise invite trick-or-treaters to their homes on Halloween.

Areas where certain individuals who are listed on the state’s sex offender database may live if they desire to move to Kyle sometime in the future are marked in blue on the map found on this website.

The item was part of Tuesday’s Consent Agenda and, as a result, was adopted on its second reading without comment or debate.

How the city council voted Tuesday night

 CONSENT AGENDA

Item 12: Approve a resolution of the city council of the City of Kyle, authorizing the acceptance of a two-year grant in the amount of $90,000 from the Office of the Attorney General, Victim Coordinator and Liaison grant for the purpose of funding the Kyle Police Department's victim advocate I full-time position for fiscal years 2022-23; 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 Attorney General; 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 this 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.
Item 13: Authorize renewal of the lease contract with Cowboy Harley-Davidson of Austin for a total of three FLHP police Electra Glide Harley-Davidson motorcycles and to extend the lease period to expire Sept. 30 at the lease rate of $390 per month for each motorcycle for a total amount not to exceed $14,040 for lease payments to be made during fiscal year 2020-21.
Item 14: (Second reading) An ordinance of the City of Kyle regulating sex offender residency within the city and establishing child safety zones; amending Chapter 23 of the Code of Ordinances entitled “Miscellaneous Offenses” by adding Article XI to be entitled “Child Safety Zones;” making it unlawful for certain sex offenders to reside within 1,000 feet of premises where children commonly gather; providing exceptions to the ordinance; prohibiting property owners from renting real property to certain sex offenders; providing penalties for violations of the ordinance; repealing ordinances or parts of ordinances in conflict therewith; providing a severability clause, findings of fact and providing for open meetings.
Item 15: Authorize award and execution of a purchase order to Doggett Freightliner of South Texas in an amount not to exceed $197,100 for the purchase of one Rosco Maximizer 3b liquid asphalt distributor through the Buy Board Purchasing Cooperative for the Public Works Department.
Item 16: Authorize award and execution of a purchase order to Closner Equipment Company, Inc., in an amount not to exceed $292,100 for the purchase of one Rosco 8’-to-16’ variable width chip spreader through the Buy Board Purchasing Cooperative for the Public Works Department.
Item 17: Authorize award and execution of a purchase order to Nueces Power Equipment in an amount not to exceed $81,345.74 for the purchase of one Hamm HD 14 VO DD roller through the Buy Board Purchasing Cooperative for the Public Works Department.
Item 18: Authorize award and execution of a purchase order to Nueces Power Equipment in an amount not to exceed $138,052.36 for the purchase of one Hamm HP 180-15 pneumatic roller through the Buy Board Purchasing Cooperative for the Public Works Department.
Item 19: Authorize award and execution of a contract with Halff Associates, Inc., Austin, in an amount not to exceed $20,000 for a flood study of the Bunton Branch.
Item 20: Approve regional detention and soccer field grading improvements for approximately 92.43-acres, adjacent to and west of the Union Pacific Railroad and approximately 2,500 feet north of Kohler's Crossing.
Approved 7-0

ITEMS FOR INDIVIDUAL CONSIDERATION

Item 11 (pulled from Consent Agenda): Amend the Joint Use Agreement for HCISD Parking Facilities.
Approved 7-0

Item 21: (First reading) An ordinance of the City of Kyle adopting an amendment to the city's 2010 Comprehensive Plan; providing for the amendment of the plan by including Manufactured Home Subdivision District (M-2) and Manufactured Home Park (M-3) to the New Town Community Land Use District; providing for related matters. 
Approved 5-2 (Ellison, Flores-Cale voting “nay”)

Item 22: (First reading) An ordinance of the City of Kyle adopting an amendment to the city's 2010 Comprehensive Plan by amending a portion of the Farm District to the Regional Node and to the New Settlement Land Use District; providing for related matters.
Approved 7-0, second reading waived

Item 23: (First reading) An ordinance of the City of Kyle, annexing 25.2 acres of land, more or less, located in Hays County, including the abutting streets, roadways, and rights-of-way into the corporate limits of the city, at the request of the property owner; approving a service plan for the annexed area; making finding of fact; providing a severability clause and an effective date; and providing for open meetings and other related matters.
Approved 6-0 (Tobias absent when vote taken)

Item 24: Consider possible action to amend the Transportation Master Plan. (EDITOR’S NOTE: To remove a planned road connecting Kyle Parkway and Bebee Road.)
Approved 6-0 (Mayor Mitchell absent when vote taken)

Item 25: Authorize award and execution of a contract with Cadence Mcshane Construction Company in an amount not to exceed $7.95 million for the construction of Heroes Memorial Park.
Motion to delay consideration until next meeting approved 6-0 (Tobias absent when vote taken)

Item 26: Authorize award and execution of a contract with Stoddard Construction Management, Inc., in an amount not to exceed $4.85 million for the construction of Uptown Central Park and Cultural Trails.
Motion to delay consideration until next meeting approved 6-0 (Tobias absent when vote taken)

Item 27: Acceptance of the resolution of the Board of Kyle Tax Increment Reinvestment Zone Number Two, as passed on April 29, authorizing the city council of the City of Kyle to issue on its behalf certificates of obligation bonds in an amount not to exceed $5 million for the design and construction of three roads in Uptown Plum Creek development and other related matters and direct the city to prepare a reimbursement agreement between the city and TIRZ #2 for the repayment of debt associated with this bond.
Motion to delay consideration until next meeting approved 6-0 (Tobias absent when vote taken)

Item 28: Consider approving a resolution directing publication of a notice of public hearing and intention to issue combination tax and revenue certificates of obligation.
Motion to delay consideration until next meeting approved 6-0 (Tobias absent when vote taken)

Item 29: Consider approving an amendment regarding declaration related to the conveyance of the Central Park parcel to the city and authorize the city manager to execute documents related to closing on the parcel.
Motion to delay consideration until next meeting approved 6-0 (Tobias absent when vote taken)

Item 30: Request council to assign a task force to review, revise and update boards/commissions policy.
Failed 5-2 (Ellison, Flores-Cale voting “aye”)

Item 31: Request council to schedule joint meetings to discuss vision and goals for the year with the P&Z Commission and Parks Board.
No formal vote taken

Item 33: Take action on items discussed in Executive Session.
No action taken during Executive Session