Groundbreaking, street fair planned for Brick and Mortar District park

Artist rendition of La Verde Park

The City has scheduled groundbreaking ceremonies and a street fair for a proposed multi-use park near the Performing Arts Center in Northwest Kyle. The 90-minute ceremonies are planned to begin at 6:30 p.m. Thursday, July 15.

The groundbreaking for the so-called La Verde Park will be at the intersection of Doherty and Burnham, immediately behind the Austin Regional Clinic. The ceremonies will include “a live street fair with food trucks, market vendors, live music, interactive art and more,” the City said today in a prepared statement.

“The event will offer community members an opportunity to learn more about the unique features that will be included in La Verde Park and the Cultural Trail as well as provide attendees a preview of how the park will be used as an event lawn and community gathering space,” the City’s statement said.

La Verde Park is planned as a 1.6-acre park and event lawn for community gatherings of up to 2,200 people, with market spaces, interactive water features, and a playground. The Cultural Trail will be a shaded 1,200- linear-foot pedestrian and bike trail lined with artwork by local artists and information about Kyle’s history that will eventually connect the Heroes Memorial and La Verde Park.  

Both the park and the trail comprise part of first phase of the Brick and Mortar District, a 138-acre pedestrian-oriented, mixed-use development within the Plum Creek master planned community. The Brick and Mortar District is partially funded through a tax increment reinvestment zone established in 2018. 

Those driving to the groundbreaking are encouraged to park at the Hays CISD Performing Arts Center, 979 Kohlers Crossing.

Highlights of the city manager's proposed budget

Here are some of the highlights City Manager Scott Sellers listed in the budget proposal he outlined to the City Council Saturday:

• $172.4 million total proposed budget for all city funds
• $120.9 million in planned CIP spending in FY 2022
• 299 total positions proposed (18 new requests)
• Property tax rate increase for Public Safety Center GO bonds deferred by another fiscal year to FY 2023
• No increase in storm drainage fees
• No increase in wastewater service rates (system-wide)
• A 6 percent increase in water service rates (a 10 percent rate increase was originally forecast)
• A 2.51 percent increase in solid waste service rates per contract with TDS
• No increase in other fees and charges for various city services
• $21.5 million provided for improvements to parks and trails
• $20.7 million dedicated for street maintenance, repairs, & reconstruction
• $8.9 million dedicated for economic development and revitalization improvements in downtown Kyle
• $30.4 million for water system utility improvements including ARWA
• $26.7 million for wastewater utility system improvements
• $2.2 million for storm drainage improvements
• $.43 million provided for sidewalk maintenance, rehabilitation, and construction
• $2 million for citywide beautification program
• $2.2 million provided for new equipment, heavy construction equipment, and building improvements
• $300,000 for a lobbyist to secure federal and state funding for Kyle
• $230,000 for public transportation (Uber voucher program)
• $155,000 for Comprehensive Plan update
• $150,000 for downtown revitalization architectural and planning services
• $50,000 for arts in public places program
• $317,994 for 7.2 percent pay increase (average) included for all police officers
• $323,200 for 5 percent average performance-based merit pay for non-contract civilian city employees 
• Designation of Juneteenth (June 19th) as a city holiday (at no cost)

List of infrastructure improvements included in city manager's proposed budget

The following is the list of Capital Improvement Projects, along with the amounts, included in City Manager Scott Sellers's proposed budget unveiled Saturday:

• Street Microsurfacing $500,000
• Street Maintenance/Rehabilitation $500,000
• Street Pavement Assessment Study $250,000
• Sidewalk Rehabilitation $250,000
• Center Street Sidewalk/RR Crossing $250,000
• FM 150 East Sidewalk & Other Improvements $300,000
• Dacy Lane Sidewalk Improvements $75,000
• Old Post Road $601,348
• Beautification Citywide $500,000
• Downtown Mixed-Use 3-Story Commercial Building $3,063,647
• City Square Park Overhead Utility Relocation $1,250,000
• Traffic Control Improvements (Roundabouts) $200,000
• City Hall Council Chamber Security Improvements $22,815
• LGC Acquisitions $1,100,000
• Lane Addition IH-35 Southbound Frontage at Marketplace to Martinez Loop $300,000
• Arts in Public Places $50,000
• Storm Drainage – Quail Ridge $1,500,000
• Storm Drainage – Scott/Sledge Street $450,000
• Storm Drainage – Plum Creek Channel Improvements $250,000
• Park Improvement – Festive Lighting/Center Street & City Square Park $200,000 
• Park Improvement – Festive Lighting/Historic Downtown Water Tower $175,000
• Park Improvement – City Square Park $1,800,000
• Park Improvement – Playgrounds $25,000
• Park Improvement – Irrigation Systems $35,000
• Park Improvement – Barton Park (New Park) $60,000
• Park Improvement – Security/Camera System $97,600
• Park Improvement – Ash Pavilion $25,000
• Park Improvement – Lake Kyle $5,000
• Park Improvement – Steeplechase $5,000
• Park Improvement – Waterleaf Trail $5,000
• Park Improvement – Masonwood (New Park) $35,000
• Park Improvement – Gregg-Clarke $5,000
• Park Improvement – Plum Creek Trail (Spring Branch Section) $387,500
• Park Improvement – Trail Master Plan $50,000
• ARWA – Water Supply System Improvements $14,197,680
• Waterline Upgrades & Replacements $500,000
• Automated Metering Infrastructure $2,900,000
• Crosswinds Water System Improvements $294,200
• Anthem Water Tank (City’s Contribution) $2,000,000
• Anthem Waterline (16” to FM 2770 & Kohler’s) $1,500,000
• Water Tank Rehabilitation Program $500,000
• Water Facility Rehabilitation $50,000
• Drought Contingency Planning Model $50,000
• FM 1626 Pump Station Improvement (1.0 MG 2nd Tank) $8,000,000
• Pressure Relief Valve at Maketplace & James Adkins $128,000
• Water Impact Fee Study/Update $150,000
• Wastewater Line Upgrades & Replacements $475,269
• Wastewater Improvements – Edwards Drive $200,000
• Elliott Branch Wastewater Interceptor Phase 1 $1,500,000
• Center Street Village Wastewater Improvements $4,000,000
• Plum Creek Golf Course Wastewater Interceptor $2,500,000
• Plum Creek Golf Course Reclaimed Waterline $900,000
• North Trails Wastewater Interceptor (Upgrade to 36”) $3,000,000
• Indian Paintbrush Lift Station Improvements $1,700,000
• Wastewater Treatment Plant Interceptor Phase 1 $150,000
• Wastewater Treatment Plant Interceptor Phase 2 $150,000 
• Quail Ridge Wastewater Lines & Lift Station $500,000
• Waterleaf Wastewater Interceptor $300,000
• Wastewater Treatment Plant Expansion Phase 2 (Permit) $150,000
• Wastewater Impact Fee Study/Update $150,000
• Wastewater Treatment Plant Expansion Phase 1 $11,026,405 
• Public Safety Center $15,000,000
• Kyle Regional Sportsplex $3,500,000
• Plum Creek Trail System $500,000
• Gregg-Clarke Park Improvements $500,000
• Roads - Center Street/Stagecoach $2,000,000*
• Roads – Windy Hill (Indian Paintbrush to IH-35) $500,000*
• Roads - Bebee $500,000*
• Roads – Marketplace Avenue $500,000*
• Streetscape Improvements $7,850,000*
• Uptown – Central Park & Cultural Trails $6,015,500
• Uptown – Heroes Memorial Park $8,055,000
• Uptown – Cromwell Street $1,500,000
• Uptown – Heroes Park Drive $500,000
• Uptown – Cultural Trail Drive $3,000,000
• Relocation of Rail Siding $250,000

*Assumes passage of November bond election

City manager recommends whopping budget increase

 City manager Scott Sellers told the City Council Saturday he is going to recommend the adoption of what he said will be the the largest budget in the city's history “by a significant margin” for the next fiscal year — a budget with a dollar amount that is 28.4 percent greater than the current budget. The overwhelming majority of his proposed budget — 70 percent of it — would be devoted to infrastructure improvements.

A corresponding property tax rate that will accompany the budget will not be known until July 25, when the Hayes Consolidated Appraisal District issues its certified property valuations. The proposed budget Sellers offered did, however, project a 16.64 percent increase in property tax revenues which could, under state law,  force a reduction in the property tax rate. Sellers did say the new budget includes a possible 6 percent increase in water rates and a 2.51 percent increase for trash collection.

“We have that largest budget in our history that we are presenting to you by a significant margin,” Sellers said. “And you’ll see the majority of this is anticipated CIP (Capital Improvement Projects or infrastructure) expenditures.”

Sellers proposed a $172.4 million budget, of which $120.9 million will be set aside for Capital Improvement Projects. This year the city is operating under a budget of $134.2 million.

There was little pushback from council members on the proposed budget, but that could be because they only received Sellers’ proposal two days earlier. It’s quite possible that between now and July 31, the date when Sellers will present his final draft along with the proposed property tax rate, individual council members will study the document Sellers talked about Saturday and have additional feedback ready for that meeting at the end of July.

The budget includes adding 18 new positions to the city’s payroll, five of which would be designated for the Police Department, including a detective and a narcotics investigator. Parks and Public Works would each add four new positions, the City Manager’s office would add two and Human Resources, Environmental Services and Engineering would each add one.

Mayor Travis Mitchell questioned whether the city’s planning department was adequately staffed to handle Kyle’s growth. That department currently has a staff of three,

“I know we have a Comprehensive Plan in the budget,” the mayor said, “but I don’t think that plan is going to solve the problems of the Planning Department. If I’ve learned anything through the years it’s that the folks we bring in as consultants don’t understand our city. Our Planning Department understands our city in detail. So if there’s any group I want to fund to help us think about the future and planning, it would be the Planning Department.”

City council approves funds to resurface sections of 15 streets

The City Council has authorized the spending of close to a half million dollars to resurface sections of 15 streets in Kyle.

The item in question was part of the council’s Consent Agenda, which includes a host of items considered to be non-controversial and, thus, non-debatable. That means this article was not singled out for a separate vote, but it’s still worth noting the council approved the Consent Agenda that included this item unanimously.

The council voted to approve a $488,369.01 contract with a Georgetown firm, Viking Construction, Inc., to resurface the following streets:

1. Haupt, between Michaelis Road and Fairway
2. McGarity, between McNaughton and Sampson
3. Camelia Parkway, between Sweet Gum Drive and Hometown Parkway
4. Live Oak Street, between FM 150 and North Burleson Street
5. Blanco Street, between FM 150 and North Front Street
6. West South Street, between Scott Street and South Front Street
7. Nance Street, between West 1st Street and West Schlemmer Street
8. Arbor Knot Drive, Caddis Cove, Kype Cove, and Bobbin Cove, between FM 150 and Bobbin Cove
9. Ferrule Drive and Dropper, between Otono Loop and Dropper
10. Bluestem Street and Primrose Boulevard, between Goldenrod Street and Lehman Road
11. Kym Way, Stephen Court, and Dashelle Run, within Brandi Circle
12. Brent Boulevard, between Brandi Circle and IH-35 northbound frontage road
13. Keystone Loop, within Beau Lane
14. Beau Lane, between Brian Lane and Steeplechase
15. Sheep Trail Drive, between Gina Road and New Country Road

Viking will resurface these roads using a process known as microsurfacing, which consists of the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and chemical additives to an existing asphalt concrete pavement surface. It is typically used on streets that have a lot of shade and streets that have a lot of traffic. Streets chosen for microsurfacing applications would typically be treated every five to seven years. Once placed, microsurfacing needs one to two hours to set or harden before the road is re-opened for traffic.

The actual microsurfacing process will cost $457,535.01, and the remaining $30,844 of the contract is being set aside for striping, where needed, of the newly resurfaced streets.  

How the city council voted Tuesday night

 CONSENT AGENDA

Item: 8: Approve a contract with American Fireworks, Bastrop, in an amount not to exceed $45,0000 for the 2021 Fourth of July Fireworks Show. (Editor’s note: This year's planned 30-minute Fouth of July Fireworks Show will once again launch from the Plum Creek Golf Course.)
Item 9: Authorize award and execution of a purchase order to John Deere Company, Cary, N.C., in an amount not to exceed $79,471.04  for the purchase of one John Deere 5100 cab utility tractor with 15-foot batwing mower and eight-foot rotary deck mower through the TXMAS Purchasing Cooperative for the Storm Drainage and Flood Risk Mitigation Division in Public Works Department.
Item 10: Approve a contract with Viking Construction, Inc., Georgetown, in an amount not to exceed $488,369.01 for the 2021 miscellaneous streets micro-surfacing project. (Editor’s note: This agreement will provide the funds for micro-surfacing the following streets: Haupt, between Michaelis Road and Fairway; McGarity, between McNaughton and Sampson; Camelia Parkway, between Sweet Gum Drive and Hometown Parkway; Live Oak Street, between FM 150 and North Burleson Street; Blanco Street, between FM 150 and North Front Street; West South Street, between Scott Street and South Front Street; Nance Street, between West 1st Street and West Schlemmer Street; Arbor Knot Drive, Caddis Cove, Kype Cove, and Bobbin Cove, between FM 150 and Bobbin Cove; Ferrule Drive and Dropper, between Otono Loop and Dropper; Bluestem Street and Primrose Boulevard, between Goldenrod Street and Lehman Road; Kym Way, Stephen Court, and Dashelle Run, within Brandi Circle; Brent Boulevard, between Brandi Circle and IH-35 northbound frontage road; Keystone Loop, within Beau Lane; Beau Lane, between Brian Lane and Steeplechase; and Sheep Trail Drive, between Gina Road and New Country Road.
Item 11: A resolution of the city council accepting the Stagecoach Subdivision Phase 3 improvements: finding and determining that the meeting at which this tesolution is passed was noticed and is open to the public as required by law.
Item 12: (Second reading) An ordinance 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.
Item 13: Heroes Memorial Park final plat, 5.5440 acres; one lot located on the northwest corner of the Kohler's Crossing and Kyle Parkway intersection.
Item 14: Heroes Memorial Park site plan, 4.86 acres; one lot located on the northwest corner of the Kohler's Crossing and Kyle Parkway intersection.
Approved 7-0

ZONING

Item 16: [Postponed 6/1/2021] (second reading) An ordinance amending Chapter 53 (Zoning) 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 indefinitely approved 7-0

Item 17: (First reading) An ordinance amending Chapter 53 (Zoning) for the purpose of  assigning original zoning to approximately 4.56 acres of land from Agriculture (AG) to Retail Service District (RS) for property located at 145 Lehman Road.
Approved 4-2 (Flores-Cale, Tobias dissenting; Bradshaw absent when vote taken).

Item 18: (First reading) An ordinance amending Chapter 53 (Zoning) for the purpose of assigning original zoning to approximately 10.81 acres of land to Retail Service District (RS) and approximately 34.83 acres to Multi-Family Residential-3 (R-3-3) for property located at 20139 IH-35.
Consideration postponed until next meeting

Item 19: (First reading) An ordinance amending Chapter 53 (Zoning) for the purpose of assigning original zoning and rezone approximately 11.08 total acres of land from Agriculture (AG) (.023 acres) and Single Family (R-1) (10.85 acres) to Single Family Residential-3 (R-1-3) for property located between Scott Street and the 800 block of South Sledge Street.
Consideration postponed until next meeting

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

Item 15: (pulled from the Consent Agenda): Consider approving site-specific declaration of covenants, restrictions and easements for the Heroes Memorial tracts and authorize the city manager to execute documents related to closing on the parcel.
Motion to postpone consideration until next meeting approved 7-0

Item 20: Consider and approve update to Transportation Master Plan.
Consideration postponed until next meeting

Item 21: Consider and possible action to approve Capital Idea, a scholarship program for low income students to attend ACC, a program through Corridor Interfaith Alliance for Families.
No formal action taken

Item 23: (Second 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 million and in the Park Development Fund by $375,000 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, $200,000 for Christmas lighting and decorations on Center Street and City Square Park, and $175,000 for decorative lights on the historic water tower in downtown Kyle.
Motion to approve the $4.5 million and the $200,000 items passed 7-0; motion to approve the $3.5 million passed 6-1 (Bradshaw dissenting); motion to approve the $175,000 passed 4-3 (Ellison, Flores-Cale, Tobias dissenting).

Item 26: Take action on items discussed in executive session
No action taken in executive session

Ellison to host another “peace, progress” panel discussion

At least eight panelists are scheduled to join council member Dex Ellison when he hosts the third in his series of panel discussions called “Dialogues for Peace and Progress” a week from today from 7 to 8:30 p.m. Held in conjunction with the state’s Juneteenth celebration, the hybrid event will be held in the City Hall council chambers, and will also be available through Channel 10, the City’s cable TV outlet; the City’s YouTube channel and its Facebook page.

“We started the Dialogues for Peace and Progress in 2020 as a platform for community members and local leaders to have honest conversations about the important issues impacting our community, but through the lens of people that we typically don’t get to hear from, and in concert with significant historical events like Juneteenth,” Ellison said in a statement released today by the City. “Through an open dialogue, we are often able to educate ourselves while broadening the minds of others.”

According to the City’s statement, the Peace and Progress series “works to join community members and leaders for open and honest conversations to raise awareness and, if necessary, facilitate change in the City of Kyle.”

The other panelists scheduled to participate are Vanessa Westbrook and Anthony Davis, both members of the Hays County Historical Commission; Kyle Police Department chaplain Marquet Curl; Phillip Cleary, president of the Kyle Law Enforcement Association; Tyler Robinson, president of Vision in Progress at Texas State University; Morgan Curl, assistant director of the IMPACT education program; Mackenzie Smith, student government director of advocacy at the University of Texas; and Lulling ISD assistant principal Donye Curry.

Three new buildings coming to Hays Commerce Center

The city’s Economic Development Department and HPI Real Estate Services and Investments have partnered to bring three major developments to the Hays Commerce Center, creating an additional 380,000 plus square feet of commercial industrial warehouse and office space along west side of I-35 north of Kyle Crossing, a city spokesperson announced today.

The Hays Logistics Center Building 2 will be a 206,000-square-foot development aimed at attracting large e-commerce distributors with features like cross-dock loading and unloading, 32-foot clear height and an ample truck court area for high-traffic distribution/fulfillment needs. The center is being developed in partnership by HPI and Hillwood Investment Properties.

Hays Commerce Center Building 3 is planned as a 68,240-square-foot building with flexible speculative suites ranging from 11,800 to 68,240 square feet that is projected to be ready by the end of 2021. The building is suited for office and warehouse space with a 28-foot clear height, dock high doors and oversized loading ramps.

The third project is Hays Commerce Center Building 4, a 106,673-square-foot building with 53,166 square feet available that is also projected to be ready by the end of 2021. The building will have a 32-foot clear height to allow for large inventory capacity, as well as dock high doors, oversized loading ramps and a 180-foot truck court that will connect with Building No. 3. HPI is the sole developer on these last two projects, the city’s announcement said.  

“Our goal for Kyle is … creating a thriving local economy that attracts quality businesses and employers so that residents can live and work in their community,” Kyle Economic Development Director Diana Blank-Torres said. “We’re excited to see the continued growth and availability of speculative space in Kyle because it only enhances our ability to attract and retain quality companies and employers.”

HPI Industrial Project Partner Davis Bass said these new developments “will allow us to accommodate a growing range of industrial tenants looking to service the Austin-San Antonio region. Having large bulk warehouse and manufacturing space, shallow bay flex space, as well as some dedicated retail pad, Hays Commerce Center will help create a thriving economy in the City of Kyle.”

The Hays Commerce Center is 100-acres of parceled land located in the northwest corner of Kyle. HPI Real Estate Services and Investments, in partnership with the city, broke ground on the project in 2018, with the intention that it will expand to become, in the city’s words, “a prominent mixed-use development at the center of one of the nation's fastest growing corridors.”

City manager says Kyle's population to reach 60,000 by end of year

The current Kyle city limits sign announces the city’s population as 28,016. That’s less than half of what it actually is, according to City Manager Scott Sellers.

Sellers told the city council Tuesday night the city’s population number CAMPO received from the U.S. Census Bureau was 51,588 as of Jan. 1, 2020.

“That fits closely to our in-house numbers, which we track through actual building permits.” Sellers said. “We feel based on our permit numbers that the (current) population is 58,500. So we are growing at about 9 percent per year and Jan. 1, 2022, we expect to be at 60,200 population.”

As for those 28,016 signs?

“We are currently working with TxDOT to move those signs and update our numbers,” Sellers said.

At the current growth rate, Kyle would reach a population of 100,960 by the beginning of 2028.

Council approves budget amendments for decorative downtown lighting

Without appearing to understand exactly what they were voting for, city council members, in a series of convoluted votes, approved Tuesday night amendments to the current fiscal year budget that, among other things, pigeon-holes funds for additional Christmas decorations in City Square Park and a new way to illuminate the city’s iconic downtown water tower.

Other budget amendments approved by the council included designating funds that could be used for the November road bond election and parks in the new uptown district.

Originally identified as one budget item on Tuesday’s council agenda, it ultimately took four separate votes to approve it after council member Dex Ellison successfully divided the item.

Council members had little problems with the bulk of the budget earmarks, rather routinely approving 96 percent ($8 million of the $8.375 million) of the money specified in the agenda item. That involved $4.5 million for the uptown parks (approved unanimously) and $3.5 million for expenses related to the road bond election (with only council member Ashlee Bradshaw, without explanation, voting against that). 

But, boy, did they ever get bogged down on that last 4 percent, the $375,000 segment. And during the discussions, it felt as though council members were thinking they were actually spending money with their votes on this measure, when all they were doing was designating existing funds for spending at a later date. In fact, this agenda item did not even mandate these amounts would ever be actually spent on the items being discussed.

“Do we have a cost breakdown from these estimates on the $200,000 and the $175,000?” Ellison asked. “Do we have the invoice or the quotes?”

As the city’s Finance Director Perwez Moheet tried to explain to council members, these figures were nothing more than estimates arrived at by researching what other cities spend on similar items. “We’re not going to have a final quote until we know this is going to be approved,” Moheet said. “That’s when we’re going to get bids.”

That’s also when council approval will be required for money to be actually spent on those items. But council members either didn’t hear Moheet, understand him, comprehend what they were voting on or a combination of all three.

“So is there not a way to get a stronger look at those costs before that?” Ellison asked. “On the ($375,000 items) I would like to have some more information on those because this is a pretty large ask for a budget amendment,” even though, as mentioned earlier, it amounted to around 4 percent of what had been approved without much debate only seconds earlier.

Ultimately the council approved the $200,000 earmark for the Christmas lights unanimously and the water tower lighting on a 4-3 roll-call vote with Ellison, Yvonne-Flores Cale and Michael Tobias voting against it.

Tobias also talked as though the council was voting on actually spending money, instead of designating General Fund money not already allocated to any other expenditures.

“This is $375,000 in lights,” Tobias said. “If we are going to invest that, personally I would like to see what these decorations would be, what would they look like, the brand we are going to. If we had a breakdown on what each light would be — this is what we’re buying, this fixture and it’s going to look like this and it’s going to be this large. How far is the display going to be? Just in the square or all the way up and down Center Street? Those are the kind of things I’d like to see, I would feel more comfortable with this before we invest this much money on these types of displays. Let’s see what we’re actually going to be seeing.”

That would be a logical ask if the council was actually debating “buying” anything or “investing any money” in anything, but that’s not what this agenda item called for. It only asked that money be set aside so that purchases might be made at a later date. And, one would imagine, all those specifics Tobias seeks would be carefully itemized before the council votes on actually spending the money. In fact, if he so desired, Tobias could insist those specifics be carefully itemized in any related future spending item.

Although the item specifically said it was “increasing the total appropriations for expenditures in the General Fund,” Tobias also said he didn’t know where the money was coming from. “Was this going to be coming through hotel tax or anything like that?”

Ellison also appeared not to understand completely the source of General Fund dollars. In his successful move to get the $375,000 derived from Park Dedication Fees instead of the General Fund, Ellison pointed out that Park Dedication Fees “are paid for by the development community so not ad valorum property taxes, whereas General Fund items are through that manner.” That’s not completely true. Property taxes only account for 30 percent of General Fund dollars. And what’s even more important is that sales taxes account for 27 percent and these items are designed to increase sales tax dollars, especially from those who live outside the city. The larger the income the city collects from sales taxes, the less it needs to rely on property taxes to fund the city’s day-to-day operations.

The water tower lighting would enable the city to reflect different color lights off the tower to commemorate different occasions, such as bathing the tower in green lights on St. Patrick’s Day or in pink during Breast Cancer Awareness Month.

On this item, council members Ellison and Flores-Cale appeared to be suffering from short-term memory loss, arguing the council could put this item off until the next fiscal year budget even though moments before they approved an amendment to make sure General Fund moneys would not be designated at all, this fiscal year or next.

And Mayor Travis Mitchell fell back on the familiar, but still completely irrelevant standby: “So do we have a sense on what this is going to look like, how they’re going to be constructing the lights? My concern is I haven’t seen what the plans are for it.”

And that would be a relevant concern if the agenda item in question actually involved spending money on this project. But it doesn’t. It doesn’t even obligate the council to spend money on it anytime in the future. All this agenda item calls for is this: If this council is presented with specific plans sometime in the future involving downtown Christmas lights and illuminating the city’s most famous landmark, then it has  available funds already set aside in the budget to use for those purposes.

But I guess that concept is beyond the intellectual grasp of too many council members.

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.