The Kyle Report

The Kyle Report

Saturday, July 31, 2021

Budget amendment cements fitness court location

The east side versus west side debate over the location of a proposed outdoor fitness court appears over, courtesy of a budget amendment presented today by City Manager Scott Sellers, with the staff-recommended Marketplace Avenue site emerging victorious over Steeplechase Park.

The amendment, one of nine Sellers outlined to the city council during its morning budget workshop, adds $130,000 to the list of CIP expenses for the court, $25,000 of which will come from a grant awarded the city from the National Fitness Campaign, with the remainder being paid for, according to Sellers’s presentation, from a “future PID bond reimbursement to the city.” That essentially means, when all is said and done, all taxpayer funds spent on the construction of the court will be reimbursed by a private developer, so there’s a net zero cost to the city. 

At least two council members, Mayor Travis Mitchell and Robert Rizo, wanted the court at Steeplechase Park, but only if city funds were going to be used for its construction. The staff recommended the west side site, located on the east side of Marketplace between the Burleson Road roundabout and Plum Creek, because of its central location, no park facilities currently exist there, and existing trees on the property offer shade for the court.

The other budget amendments of note Sellers presented to the council today included a $100,000 contribution that would go toward a “senior center project,” and $2.17 million for a sludge de-watering press system that reduces the amount of sludge that needs to be hauled away from the wastewater treatment plant. Sellers reminded council that the city uses private contractors to haul the sludge, but  this method is rapidly becoming cost prohibitive and the city is considering bringing this task in-house.

The other amendments were:

  • $415,000 for site-specific beautification improvement projects
  • $78,432 for a senior planner position for the Community Development Department
  • $20,000 for DPS laboratory services for the Police Department
  • $20,000 for consultant services for the Economic Development Department
  • $12,610 to change the parks crew leader position to a parks and trails supervisor
  • $5,280 for a 4 percent co-location cost increase for the Police Department


Property tax rate decrease expected in next fiscal year’s budget

Although the city is awaiting the final number from the Hays County Tax Assessor/Collector, Finance Director Perwez A. Moheet told the city council during its budget workshop today, in which the city manager unveiled his proposed budget for the upcoming fiscal year, that he (Moheet) expects the city’s property tax rate will decrease by 2.6 percent.

City Manager Scott Sellers’ proposed budget for Fiscal Year 2021-22 was largely unchanged from the proposal he outlined to council last month, but the council unanimously approved two significant amendments to that budget today — the addition of two patrol officers to the Police Department and another assistant/deputy city manager. Sellers currently has two staff members who act as his assistants, Assistant City Manager James Earp and Chief of Staff Jerry Hendrix. Traditionally, assistant city managers serve as the liaisons between department heads and the city manager.

But arguably the most important question facing residents — exactly how much more property owners will have to pay in ad valorem taxes — did not receive a definitive answer, because, as Moheet explained, the HCTAC has not determined the actual tax rates municipalities in the county may assess. But Moheet did say tax bills property owners begin receiving in the fall will be significantly higher than they were last year because the Hays Central Appraisal District assessed valuations for properties in Kyle were 14.1 percent higher this year than in 2020 — $4.2 billion in total valuations this year as compared to $3.7 billion last year. And because, unlike the city, which will lower its tax rate, the Hays Consolidated School District, which accounts for more than 50 percent of a property owner’s tax bill, has historically maintained or even increased its tax rate in order to finance its voter-approved construction costs as well as its operating budget.

Both Moheet and Sellers said they expected the actual tax rate recommendation will be available by Aug. 17, when the council’s next budget workshop is scheduled, but Moheet, who historically has been absolutely precise in his forecasts, said he expects the next fiscal year’s rate to be $.5065 per $100 valuation, down from the current rate of $.5201.

Council member Dex Ellison officially proposed amending the budget to add two more patrol officers to the police force, financed largely by cutting a proposed lobbyist from the budget. Police Chief Jeff Barnett said, however, those costs for the additional officers could be paid by increased revenue from fines that will be produced by police resuming practices that were curtailed by the pandemic, such as serving warrants, expired motor vehicle registration stickers and stricter enforcement of minor traffic regulations.

Mayor Pro Tem Rick Koch proposed the addition of another assistant manager, noting that at the last meeting it was discussed that Sellers “needed help.”

“That was my big takeaway from the last meeting — how much time Scott puts into this job,” Koch said. “It’s obvious to everybody that he needs more help … so that we can run more efficiently. So I asked him what he truly needed to keep pushing the city forward. The idea of a second assistant city manager position came up to be able to relieve him of a lot of his duties so he can spend more time doing the other things we need him to do.”

Sellers thanked the council for their consideration of another assistant, stressing “It was nothing that I asked for.”

“I would guess that we are the fastest growing city in America,” Sellers said. “If we’re not, we’re right there at the top — 10 percent growth has been historically the fastest growing. Some of the cities listed as the fastest growing are 8 or 9 percent and we’re 10. And if you compare our staffing levels to other cities of our size it’s disproportionate right now.”

Even with that growth, however, Sellers said. “When the mayor pro tem brought this idea to me, my first blush was to say ‘no’. But the more I’ve thought about this and the more research I’ve done on this, the more I think it does make sense, especially in the light of where this council is going.

“This council is definitely the most proactive council that I’ve ever worked with, hands down,” he said. “The expectation of council is super elevated, which is a great thing. Your foot has been on the gas pedal to match that growth rate and it has not come off and I think that’s a fantastic thing.”

Sellers said reacting to the council’s activism and focus “has been a great growing opportunity for me, very much a learning opportunity, but it has shifted my role from traditional management to be more 30,000 foot, from a planning aspect to meeting with outside entities, contract support/negotiation. So there’s just been a lot of additional council support that’s been incorporated into the role of the city manager that was not there before.

“I see that (additional assistant city manager) position continuing that transition,” he said. “I see this council continuing to push for excellence, which is perfect for the city of Kyle. We are a gold-standard city. 

“So just to meet that demand of epic growth, to meet that demand of council and the push for excellence, I think this position is needed.”

The first readings of budget and property tax rate ordinances are scheduled for the council’s meeting on Tuesday, Aug. 17, and the second and final passage of the ordinances are set for Wednesday, Aug. 25.

“All Kyle residents, taxpayers, business owners, and interested persons are invited to attend the city council’s (upcoming two) budget meetings and public hearings to provide their comments to the council,” the city said today. “An electronic copy of the city manager’s proposed operating and capital budget for fiscal year 2021-2022 will be available on the city's website beginning Aug. 2.  A printed copy of the complete proposed budget document will also be available for public inspection during business hours at City Hall and at the Kyle Public Library.”

(Editor’s note: A PDF of the city manager’s proposed budget can be found at file:///C:/Users/Owner/Downloads/Proposed_Budget_-_Worksession_%233__7-31-2021%20(1).pdf)


Tuesday, July 27, 2021

Costco coming to Kyle


Costco, the membership-only big box retail store — the fifth largest retailer in the world — will open a location in Kyle in front of the EVO entertainment complex, possibly as soon as a year from now.

The public announcement was made today at the State of the City address and was made possible by action taken earlier in the day during an emergency meeting of the city council.

The Kyle location will be Costco’s 814th worldwide location and the 563rd  in the United States. In 2020, the last year this information was available, Costco had 105.5 million members worldwide. Costco stores range in size from 73,000 to 205,000 square feet, with the average store being 143,000 square feet. The Kyle location is planned to be 150,000 square feet, according to an announcement today from the city.

“The new Costco location will be located along Interstate 35 between Kohlers Crossing and Kyle Crossing in the Dry River District Development, a 65-acre mixed-use commercial development by Endeavor Real Estate Group that is anchored by Evo Entertainment and Home Depot,” the city said in its announcement.

Today’s announcement is a major victory for City Manager Scott Sellers who has been working behind the scenes since his arrival in Kyle in January of 2015 to land a Costco here.

“We have been working to make Kyle a hub for high-paying and high-quality jobs along the I-35 corridor and having a company like Costco invest in our city is a valuable opportunity for our strong and always growing workforce” Sellers said today in a prepared statement. “Costco is not only one of the top retailers in the world, but they also have a proven track record of taking care of their employees with very competitive wages and benefits.”

Costco’s minimum wage is $16 per hour and the average wage for hourly Costco employees in the United States, excluding any overtime premium, but including an extra check component, is around $24, according to the city’s announcement. The new location in Kyle is expected to create approximately 225 jobs.

Brian Whelan, Costco’s Northwest Atlantic Division senior vice president, who represented the company at today’s State of the City luncheon, said he hopes construction on the Kyle store will begin early next year and that it will be open to the public by July 1, 2022.

The Kyle City Council met early today to approve a Chapter 380 Development Agreement, which, according to Mayor Travis Mitchell, provides Costco “with about $5 million in tax rebates over 15 years. It is projected that Costco will produce about $11 million on top of that $5 million in revenues (to the city). So that’s just under $1 million a year net benefit to the city. Certainly a win for us.”

Mitchell emphasized the city’s overall commercial growth during his luncheon State of the City address today noting that last year Kyle issued new permits for 761,000 square feet of commercial space.

“Even during the pandemic, that was a record for Kyle,” the mayor said. “And yet, in perspective, in the first five months of this year, Kyle has issued permits for 1.3 million square feet of commercial space. That means 2021 has already shattered the records of all previous years.

“The City of Kyle remains eager to offer incentives for high quality commercial development,” Mitchell said. “But I want to publicly state, our standards are high. Candidates for permits must clearly demonstrate how they will help the city continue to prosper, in the short term and in the long term. Costco will do that and that’s why we are proud to partner with them. 

"We’re looking for high-end jobs, high-end retail, vertical mixed-use, vertical Class-A office, boutique hotels and sit-down restaurants,” he added.

Two American companies — Walmart and Amazon — rank as the first and second leading retailers in the world, and two German corporations operating discount grocery stores — Schwarz Gruppe (operating under the Lidl and Kaufland brands) and Aldi (operators of 10,000 stores in 20 countries) — rank third and fourth on the list of the world’s leading retailers.

Thursday, July 22, 2021

Council approves grant for outdoor fitness court

 


The City Council voted unanimously Tuesday to approve a resolution that will eventually lead to the construction of an outdoor fitness court to be located either in Steeplechase Park or on Marketplace Avenue between the Burleson Road roundabout and Plum Creek. The ultimate location could be decided by how the park is paid for.

Aimee Garcia, a recreational programmer in the city’s Parks and Recreation Department, told the council the fitness court would cost $130,000, with $25,000 of that cost coming from a grant award from the National Fitness Campaign. Tuesday’s council vote was required to trigger the awarding of that grant. Garcia also said the city’s staff chose the Marketplace Drive location because that was considered “the center of Kyle and that was something NFC wanted to bring as well. They wanted to see something centralized that everyone gets the opportunity to utilize.”

However, Mayor Travis Mitchell and council member Robert Rizo pushed for the fitness court to be located on the east side of I-35, with Steeplechase Park being their preferred location. Council member Dex Ellison also seemed to favor the east side location. Council member Yvonne Flores-Cale, however, was adament in her support of the staff’s recommended location and Mayor Pro Tem Rick Koch and council member Ashlee Bradshaw seemed to be leaning in that direction as well.

The current plan is for the remaining $105,000 of the court’s costs to come from the Park Land Dedication Fund, although Garcia, along with Parks and Recreation Director Mariana Espinoza, said they will be soliciting donations from private sources. Garcia said she has already had preliminary talks with Starbucks about a contribution. Money in the Park Land Dedication Fund comes from developers who contribute to the fund in lieu of installing otherwise required park-style amenities in their own developments.

City Manager Scott Sellers told the council the developer that dedicated the 13.5 acres for the Marketplace location could be seeking to create a public improvement district to cover infrastructure costs at the proposed development and that PID could also include the $105,000 for the fitness court. Mitchell and Rizzo agreed that the formation of such a PID would force them to agree to place the court at the Marketplace location; however, if the $105,000 was going to come from the Park Land Dedication Fund, they would prefer the Steeplechase Park location.

Garcia reminded the council that the Marketplace location would be connected to Steeplechase Park by the Plum Creek Trail which will eventually burrow under I-35. The Marketplace Fitness Court would be located at the trailhead, she said. Garcia added that patrons of the disc golf facility at Steeplechase “want plenty of space,” which was one of the primary reasons staff decided against a Steeplechase location for the fitness court.

She also said the Marketplace location was preferred because “there’s nothing else out there right now. We’ll be bringing something new to this area.” Another plus, she said, was the abundance of trees at the Marketplace location, which would provide shade for the fitness court.


Wednesday, July 21, 2021

How the city council voted Tuesday night

CONSENT AGENDA

Item 5: Approve the 2021 annual service plan update for the Southwest Kyle Public Improvement District (PID).
Item 6: Approve the 2021 annual service plan update for the 6 Creeks Public Improvement District (PID). 
Item 7: Approve a resolution of the city council of the City of Kyle, accepting the Bunton Creek Reserve Phase 3 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 8: Approve postponement of public hearing and approval for the issuance of $5 million in combination tax and revenue Certificates of Obligation for the city's Tax Increment Reinvestment Zone No. 2 as originally scheduled and noticed to be conducted and acted upon by the city council from July 20 to Oct. 19. (Editor’s note: This postponement is being sought because of the delay in negotiation of the terms and conditions of the infrastructure agreement between the City of Kyle and the developer for the design and construction of three roads in the Brick and Mortar District.) 
Item 9: (Second Reading) An ordinance of the City of Kyle, amending chapter 41 of the Code of Ordinances by amending section 41-1 to include a definition of a transportation master plan; and by requiring compliance with the City of Kyle Transportation Master Plan in the development and construction of subdivisions; providing for repeal of conflicting ordinances; providing for severability; and providing effective date and open meetings clauses.
Item 10: (Second Reading) An ordinance of the City of Kyle, annexing 120.458 acres 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 findings of fact; providing severability clause and an effective date; and providing for open meetings and other related matters.
Item 11: Authorize the city's director of finance to dispose through an auction facility police equipment identified in Lots No. 1-23, all city owned and formerly being provided via the 10-33 Program that has been determined to be surplus property by the police department.
Item 12: Authorize the city's director of finance to dispose through an auction facility police equipment identified in Lots No. 1-9, all city owned and formerly being attached to city-owned police vehicles that has been determined to be surplus property by the police department.
Item 13: Approve a temporary construction license agreement — Heroes Memorial Park Project.
Approved 7-0

ZONING ITEMS

Item 24: [Postponed 7/6/21] (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, for the purpose of assigning original zoning and rezone approximately 11.08 acres 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.
Motion to postpone indefinitely approved 7-0

ANNEXATION ITEMS

Item 21: (Second Reading) An ordinance of the City of Kyle, annexing 24.563 acres 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 findings of fact; providing severability clause and an effective date; and providing for open meetings and other related matters.
Approved 7-0

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

Item 14 (pulled from Consent Agenda): Approve a temporary construction license agreement — park property.
Approved 7-0

Item 15: Approve a resolution authorizing the city manager and city engineer to negotiate an agreement with K. Friese & Associates of Austin, a civil engineering consulting firm, to provide project management services for the design and construction of specific road projects throughout the city to be funded under the 2022 road bond program and to bring back an agreement with all terms and conditions including contract amount for city council's approval at a future council meeting.
Approved 7-0

Item 16: Discussion and possible action to incorporate bond-related capital improvements into the scope of the citywide Trail System Task Force.
Approved 7-0

Item 17: Council consideration of forming a task force for bond-related capital improvements at Gregg-Clarke Park.
Approved 7-0 (Council members Dex Ellison, Yvonne Flores-Cale and Robert Rizzo named to the task force)

Item 18: (Second Reading) An ordinance of the City of Kyle,  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.
Motion to postpone consideration until Aug. 3 council meeting approved 6-1 (Tobias, dissenting)

Item 19: [Postponed 7/6/21] 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.
No action taken

Item 20: (First Reading) Approve an ordinance regulating traffic, authorizing and directing the installation and erection of stop signs for traffic control at the intersection of West Blanco Street and North Sledge Street.
Approved 7-0 with direction added to repaint the crosswalks. (Second reading waived)

Item 22: Approve a resolution of the city council to adopt and allocate funds for an outdoor fitness court as part of the 2021 National Fitness Campaign.
Approved 7-0

Item 23: Discussion and possible action to consider adding council workshop sessions.
No action taken.

Item 25: (First Reading) Amendment to an ordinance of the City of Kyle, regulating oil and gas pipeline building standards and provisions; making findings of fact; providing severability and open meetings clauses; and providing for related matters.
Motion to postpone indefinitely approved 7-0

Item 28: Take action on items discussed in executive session: 

  • Motion to direct the city manager to proceed with property acquisitions as discussed in executive session approved 7-0
  • Motion to approve intervention in proceedings at the Railroad Commission regarding implementation of HB 1520 related to recovery of extraordinary costs incurred by certain gas utilities due to Winter Storm Uri fails 5-2 (Flores-Cale, Rizzo voting to approve)

 

Tuesday, July 20, 2021

About roundabouts

In Arizona there is this company called Footework that has, since its beginning in 1998, provided one-stop shopping for motor vehicle registration, titles, drivers licenses, etc. The company boasts that it “provides faster, friendlier services with shorter wait times. For a nominal convenience fee, you’ll leave our offices with a new driver license, vehicle title, registration or license plate in as little as 10 minutes.”

Footework also has its own blog and I discovered this information on that blog on the subject of roundabouts. And since our very own city council is on the precipice of adopting tonight an ordinance that would emphasize and promote the construction of roundabouts here in Kyle, I thought it might be informative to pass this information along.

Benefits of Roundabouts

According to the Insurance Institute of Highway Safety (IIHS), there are many safety benefits associated with the modern roundabout:

  • 90 percent reduction in fatal crashes
  • 75 percent reduction in injury crashes
  • 30 to 40 percent reduction in pedestrian crashes
  • 10 percent reduction in bicycle crashes
  • 30 to 50 percent increase in traffic capacity

There other benefits to roundabouts, including:

  • Reduction in fuel use and pollution
  • No signal equipment to install and repair
  • Quieter neighborhoods

Cost of Roundabouts Versus Signals

The price tag of modern roundabouts versus traditional traffic-control methods can vary. Demographics, geography and environmental elements all make a difference when engineers, communities, and city and state planners begin to consider how to move traffic from one street to another.

Sometimes the financial cost of right-of-way acquisition is higher than the cost of traffic signal construction, and sometimes it is not a factor. For example, though modern roundabouts do not require traffic-light electricity, the maintenance of landscaping or public art can be a cost. However, the reduction in fatal, injury and pedestrian crashes can reduce other costs, including car insurance premiums, health insurance premiums, and physical and emotional trauma. When safety factors go up, the cost to society goes down.

History Of Roundabouts

Traffic circles have been part of the transportation system in the United States since 1905, when the Columbus Circle designed by William Phelps Eno opened in New York City. Subsequently, many large circles or rotaries were built in the United States. The prevailing designs enabled high-speed merging and weaving of vehicles. Priority was given to entering vehicles, facilitating high-speed entries. High crash experience and congestion in the circles led to rotaries falling out of favor in America after the mid-1950s. Internationally, the experience with traffic circles was equally negative, with many countries experiencing circles that locked up as traffic volumes increased.

The modern roundabout was developed in the United Kingdom to rectify problems associated with these traffic circles. In 1966, the United Kingdom adopted a mandatory “give-way” rule at all circular intersections, which required entering traffic to give way, or yield, to circulating traffic. This rule prevented circular intersections from locking up, by not allowing vehicles to enter the intersection until there were sufficient gaps in circulating traffic. In addition, smaller circular intersections were proposed that required adequate horizontal curvature of vehicle paths to achieve slower entry and circulating speeds.

These changes improved the safety characteristics of the circular intersections by reducing the number and particularly the severity of collisions. Thus, the resultant modern roundabout is significantly different from the older style traffic circle both in how it operates and in how it is designed. The modern roundabout represents a substantial improvement, in terms of operations and safety, when compared with older rotaries and traffic circles.


Thursday, July 8, 2021

Country singer Kyle Park to headline annual Labor Day weekend hot-air balloon festival


 Kyle’s annual “Pie in the Sky” hot-air balloon festival, cancelled last year because of the COVID pandemic, is back on the schedule for the upcoming Labor Day weekend at Lake Kyle, 700 Lehman Road and will feature a performance by country singer Kyle Park, city officials announced today. 

The schedule calls for the festival to run from 5 to 10 p.m., Friday, Sept. 3; 6:15 a.m. to noon and 5 to 10 p.m., Saturday, Sept. 4; and 6:15 to 10:30 a.m., Sunday, Sept. 5.

Advance tickets (which may be purchased by clicking here) are available for $5 per person for the Saturday and Sunday morning sessions and $10 per person for the Friday and Saturday evening sessions. The prices for tickets purchased at the gate will be twice those amounts. Children aged 10 and under will be admitted free of charge. Limited on-site public parking will be available at Lake Kyle for $20 a vehicle. Free shuttles to and from Lake Kyle will be running continuously between the festival and free parking locations at Lehman High School, 1700 Lehman Rd.; Tobias Elementary, 1005 East RM 150; and Seton Medical Professional Offices, 1180 Seton Parkway.

“After a year of postponements and cancellations, we are so excited to bring back the Kyle Pie in the Sky Hot Air Balloon Festival,” Special Events Coordinator Sarah Watson said in today’s announcement. “We’ve arranged for lots of new festival experiences — including great specialty balloons, a headlining performance from Texas’ own Kyle Park, increased pie eating contest spectacle, kid zone activities and much more. We’ve got something for everyone this year, and we're planning on making a weekend of it.” 

The city said this year’s festival will feature about 25 balloons, including Top Flight, Ladybug and Spider Pig. For an additional $25 (payable onsite), festival attendees will be able to step inside a hot air balloon basket and go aloft; the balloon, however will remain tethered to the ground, so don’t expect any airborne tours of the city. Tickets for tethered rides are sold on a first-come, first-serve basis and are weather dependent.

“The event features morning hot air balloon mass ascensions where balloons take off at sunrise flying over Kyle on Saturday and Sunday morning, as well as beautiful ‘glow shows’ in the evenings, where tethered hot air balloons will glow against the evening sky at Lake Kyle,” the city said in its announcement.  

Once again, this year’s festival will feature pie-eating as well as pie-baking contests, along with “a Pie Café, a vendor market with artisan crafts, unique products and great food, live music performances throughout the weekend, and a children’s zone with activities,” the city said. 

The city has signed Park, a country music singer with seven No. 1 singles on the Texas Regional Radio Report and 11 singles on the Texas Music Chart’s Top 10, to headline the Saturday concert. Additional music performances are planned from Django Walker, Sloppy Joe, the Broken Arrow Band and LC Rocks.

“Anyone named Kyle — spelled that way — is once again invited to participate in the ‘Gathering of the Kyles’ on Saturday morning with the goal to break the Guinness World Record for the most Kyles in one place,’ the city said. “Past participants have come from as far away as Massachusetts.” 

As a side note, I have not been able to determine exactly what the Guinness World Record is for most Kyles in one place. "So the record is technically for the largest gathering of people with the same first name (in one place)," city spokesperson Rachel Sonnier said today. "The current record is 2,325, and was achieved by KupreÅ¡ki kosci (Bosnia and Herzegovina) in Kupres, Bosnia and Herzegovina, in 2017."

"Aside from glow shows and morning flights, the festival will also light up the night sky with two fireworks shows on Friday and Saturday night,” the city said.

All tethered rides and ticket purchases at the gate will be credit/debit card only, though market vendors may accept cash or credit, the city said. An ATM will be available on site.

The city also said it is still accepting applications for market and food vendors.

Wednesday, July 7, 2021

Three volunteer to study possible city arts commission

Three city council members – Dex Ellison, Yvonne Flores Cale and Robert Rizo — sorta, kinda volunteered themselves and/or each other Tuesday to serve on a task force with City Manager Scott Sellers and Library Director Paul Phelan to study the idea of creating a city “Arts Commission.”

Originally, city staff envisioned the creation of a seven-member Arts Commission that would include six artists or arts patrons, each representing a separate artistic category, and one council member. When council members couldn’t agree on, among other things, whether commission members should be Kyle residents (questioning, for instance, whether there were enough experts in the field of “plastic arts” living in Kyle to complete the commission) or whether more than one council person should be on the commission, the idea came up for this task force that will be “tasked” with addressing those concerns. It should be noted, however, all seven city council members seemed to enthusiastically embrace the need for more “art in the city.”

The six categories staff proposed to be represented on the commission were literature, visual arts, graphic arts, plastic arts, decorative arts and performing arts. 

“Obsessed” mayor leads council approval of roundabout ordinance

Mayor Travis Mitchell admitted he’s so “obsessed” with roundabouts that he has flown drones in order to videotape and then study them. Council member Yvonne-Flores Cale claimed to be a roundabout convert and her fellow council member Robert Rizo said he’s “leaning” that way. Their colleague, Michael Tobias, confessed he doesn’t like ‘em and he never will. And, when all was said and done, the city council voted 6-1 Tuesday to approve on first reading an ordinance that will (1) make roundabouts more prolific in the city and (2) give the city’s staff more control over roundabouts installed by developers.

And in case anyone on the near west side of the Interstate is listening, City Engineer Leon Barba said officially during the council’s roundabout discussion that too many obstacles exist to build a rumored roundabout at the Burleson-Spring Branch intersection and that, instead, traffic signals likely will be installed there.

“This (ordinance) will allow us to adapt the national standards that we have been trying to put together for the last year,” Barba said. “The guidelines we have adopted are very comprehensive. They have a lot of good information in there and we expect all future roundabouts to be designed in accordance with this and whatever future revisions are made to this standard.

“It doesn’t require all intersections to be roundabouts,” Barba said in response to a question Mitchell posed. “It gives us the opportunity to look at the subdivisions as they are coming in very carefully to determine where we are going to need a roundabout or where we believe we are going to need a roundabout and it gives us authority to do that and go through that process.”

“Everybody knows how I feel about these,” Tobias said. “I did some research today about the pros and cons and in most cases it improves traffic. It’s just that in our climate here, it’s the speed that these people drive through. The concern that I have is the roundabout that could be right at the intersections of schools where you have pedestrian walkways. You also have the speed of the traffic on some of these roads to go from 50 miles an hour to a roundabout where you have to go 15 or 20. I’m also looking at the emergency vehicles that have to go through there. Those are the big concerns that I have when we start looking at roundabouts throughout the city.”

After saying roundabouts are safer than other intersections because they eliminate broadside collisions, Barba admitted “they do take a lot of right-of-way. You don’t want to be taking out houses to put in a roundabout.”

“I was a fan of roundabouts in 2016 when I started seeing some roundabouts go in,” the mayor said. “I watch our roundabouts carefully. I’ve gone and sat at intersections. I’ve drone-videoed intersections. I’ve looked at intersections I thought needed roundabouts. I am obsessed. I’ve only quadrupled or more my belief that as long as it is the appropriate engineering and at the right intersection, I’d give my left arm to see a roundabout.”

Mitchell specifically cited the intersection of “Spring Branch and Veterans,” although I assume he was referring to the Silverado/Veterans intersection, where, he said, “that stop sign backs up traffic forever and ever. I’ve drone videoed that intersection and about one out of every four vehicles runs that stop sign. Some people just drive through it and never slow down. So I want ‘em.”

“I’ve never been a big fan of roundabouts,” Rizo said. “I kinda hate ‘em. But what I hate worse is what the mayor just touched on. I’ve seen this become a pattern here in Kyle and that’s people running stop signs. I had a gentleman the other day in a blue Ford pickup who ran five stop signs near the downtown area and I didn’t appreciate it because he almost hit me as well. What concerns me is what if there’s a family walking across the street? Little-by-little, peoples’ bad habits are leaning me towards roundabouts.”

“I did not like roundabouts either,” Flores-Cale said. “And when the Burleson one came, it was a game-changer. So now I am Team Roundabout. I feel like I’m a traitor to myself and to the people I told that I hated roundabouts. But I only take Burleson now when I go to the H-E-B. As someone who did not initially support a roundabout — who despised it — I have to say ‘I love it.’ If they’re made right, they can benefit the city.”


Council approves 15th holiday for city workers

 After debating whether Kyle should become one of the 3 percent of Texas cities who offer their employees as many as 15 paid holidays, the city council voted unanimously Tuesday night to join Galveston and Austin in adding Juneteenth to the list of official holidays for city employees.

Galveston, the city in which on June 19, 1865, Union troops arrived on the shores of Texas and told the enslaved people they were free, actually declared the date a city holiday the week before President Joe Biden officially declared the date a federal holiday.

Kyle council member Dex Ellison proposed the holiday idea here, but it was one of his colleagues, Yvonne Flores-Cale, who became its most vocal proponent. Mayor Travis Mitchell suggested it might be preferable to substitute Juneteenth for another holiday already on the city’s calendar. City staff currently have 12 paid holidays that correspond with recognized federal holidays, plus two “floating” days they may take off.

“The question is not whether we should support Juneteenth as a city holiday,” Mitchell said during a discussion in which all decorum was abandoned as council members tried to interrupt one another, “but whether we should go from a total of 14 days off to 15 that puts us in the 3 percent of Texas cities (that offer that many paid days off to its employees).”

“We don’t have to be like every other city,” Flores-Cale countered. “We can just be Kyle. My point is our staff deserves this. Adding one more day to make it 15 is OK in my book.”

“We would say ‘no’ because our vacation/holiday policy is disproportionately lenient compared to other cities and in particular as compared to the private sector,” Mitchell countered. “In my mind, if you reframed it from a 12-2 policy to a 13-1 policy to designate Juneteenth as a holiday but take a floating day away that would be a way to honor the day without going into the percentage that is pretty far out there” ignoring, as most in Kyle do, the reality that many non-Christians use floating days for religious observances such as Rosh Hashanah, Yom Kippur, Al-Hijra, Ramadan, Wesak, and/or Maha Shivratri, and that those days may be more meaningful and important for them than days off for, say, Good Friday or even Christmas.

“We already know we can’t compete with the private sector when it comes to pay,” Flores-Cale said. “So, likewise we shouldn’t be comparing ourselves to them when it comes to holidays. If we’re not going to pay our employees the same salary they can make doing the same work in the private sector, then at least incentivize them with days off they couldn’t get in the private sector.”

Councilman Robert Rizo patronizingly said the city manager’s budget calls for a pay increase for city employees “because we are losing them to the private sector” as if that increase would close the public-private sector pay gap in any meaningful way.


How the city council voted Tuesday night

 CONSENT AGENDA

Item 7: Authorize the city manager to negotiate a contract with Kyle Park Music, Inc., Fredericksburg, in an amount not to exceed $50,000 for brand ambassador efforts.
Item 13: Authorize award and execution of a purchase order to Contech Engineered Solutions, Irving, in an amount not to exceed $22,137.35 for special drainage pipe to be used on the Old Post Road project.
Item 14: Approve an amendment to Fugro Usa Land, Inc., Austin, in the amount of $2,550 increasing the total amount not to exceed $27,800 for providing additional geotechnical services for 104 S. Burleson Street.
Item 15: Consider joining the CIEDAR Consortium and signing the membership agreement. (Editor’s note: CIEDAR is a consortium within Texas State University for the study of connected infrastructure for education, demonstration and applied research.)
Item 16: Approve the form of the electrical easement with Pedernales Electric Cooperative for the Brick and Mortar District.
Item 17: (First Reading) An ordinance of the City of Kyle, amending Chapter 41 of the Code of Ordinances by amending Section 41-1 to include a definition of a transportation master plan; and by requiring compliance with the City of Kyle Transportation Master Plan in the development and construction of subdivisions; providing for repeal of conflicting ordinances; providing for severability; and providing effective date and open meetings clauses.
Item 18: Approve an independent contractor agreement with Industrial/Organizational Solutions, Oak Brook, Ill., in an amount not to exceed  $38,215 for the 2021 Kyle Police Department’s promotional assessment center.
Approved 6-0 (Flores-Cale absent when vote taken)


ZONING

Item 20: [Postponed 6/15/21] (First reading) An ordinance amending Chapter 53  of the City of Kyle, for the purpose of assigning original zoning and rezone 11.08 total acres 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.
Motion to postpone until next meeting approved 6-0 (Rizo absent when vote taken)

Item 21: (Second reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle for the purpose of  assigning original zoning to 4.56 acres from Agriculture (AG) to Retail Service District (RS) for property located at 145 Lehman Road.
Approved 5-2 (Flores-Cale, Tobias dissenting)

Item 22: [Postponed 6/15/21] (First reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle 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.
Motion to postpone approved 5-0 (Mitchell, Bradshaw absent when vote taken)

ANNEXATIONS

Item 23: (First reading) An ordinance of the City of Kyle annexing 24.563 acres 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 findings of fact; providing severability clause and an effective date; and providing for open meetings and other related matters. (Editor’s note: The property is located south and adjacent to the Lakeside Crossing Manufactured Home Park. The parcel is largely vacant with an abandoned homestead on site.)
Approved 6-1 (Tobias dissenting)

Item 24: (First Reading) An ordinance of the City of Kyle annexing 120.458 acres 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 findings of fact; providing severability clause and an effective date; and providing for open meetings and other related matters. (Editor’s note: The property is located between Bunton Lane and Plum Creek [Waterleaf Park], southeast of Bunton Creek Reserve and northeast of Heidenreich Lane. The parcel is currently used for agriculture.)
Approved 7-0

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

Item 8 (pulled from consent agenda): Authorize award and execution of a purchase order to Artistic Holiday Designs, Lemont, Ill., in an amount not to exceed $95,475 for holiday light displays for Mary Kyle Hartson City Square Park.
Item 9 (pulled from consent agenda): Authorize award and execution of a purchase order to Arnett Marketing, LLC, San Antonio, in an amount not to exceed $59,110 for holiday decorations for Center Street.
Item 10 (pulled from consent agenda): Authorize award and execution of a purchase order to ABC Home and Commercial Services, San Marcos, in an amount not to exceed $16,136.40 for tree wrapping at Mary Kyle Hartson City Square Park. 
Item 11 (pulled from consent agenda): Authorize award and execution of a purchase order to Holiday Lighting Decoration, Austin, in an amount not to exceed $17,895 for holiday decoration at the Krug Activity Center and large oak tree at Mary Kyle Hartson City Square Park.
Items 8-11 passed collectively 7-0

Item 12 (pulled from consent agenda): Approve a resolution declaring the City's intent to participate in the TxDOT Turnback Program and assume ownership of Old Highway 81 and Hill Street from TxDOT. (Editor’s note: The City wants the ability to control maintenance, parking, speed limits, encroachments and use of the roadways on N. Old Highway 81 from IH 35 Southbound Frontage Road (Martinez Loop) to Center Street, Old Highway 81 from Center Street to IH 35 Southbound Frontage Road and Hill Street from IH 35 Northbound Frontage Road to East FM 150. This resolution is the first step required by TxDOT to begin the process for turning back these sections of road to the City.  Prior to accepting ownership by the City, TxDOT will fund and provide any needed repairs and resurfacing.)
Approved 7-0

Item 19: Consider and possible action to approve an update to the Transportation Master Plan.
Approved 6-1 (Tobias dissenting)

Item 25: (First Reading) An ordinance amending the Code of Ordinances of the City of Kyle, amending Chapter 41 ("Subdivisions"); Section 41-146 - Streetlights; repealing conflicting provisions and determining that the meeting at which this ordinance as passed as open to the public as required by law. (Editor’s note: This ordinance change involves [1] where/when to install streetlights; [2] lumens/wattage changes for LED lights; and [3] creation of uniform hardware relating to standard and decorative street poles and lamps.)
Approved 7-0 (second reading waived)

Item 26: (First reading) An ordinance of the City of Kyle, authorizing and approving exchanges and conveyances of land with the Alexander Family Trust, by and through Mary Jane Alexander as trustee and Mary Jane Alexander as the director of Mary Jane Alexander GP, the general partner of BJ-MJ Alexander Ltd.; making findings of fact; and providing for related matters. (Editor’s note: This ordinance authorizes the exchange of property with the adjacent landowners in order to improve the intersection at CR 158 and Old Post Road by providing a more typical intersection. The City will transfer a .198 acre tract to the adjacent landowner and the adjacent landowner will transfer a .159 acre tract to the City.)
Approved 7-0 (second reading waived)

Item 27: (First Reading) An ordinance of the City of Kyle, aending 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 28: Discussion and possible action to establish an arts commission.
No voting action taken

Item 29: Consideration of Juneteenth as a city holiday as it relates to the federal holiday.
Approved 7-0

Item 30: [Postponed 6/15/21] 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 until next meeting approved 7-0

Item 32: Take action on items discussed in Executive Session.
No action taken during Executive Session

Vendor falls on his sword for fireworks failure

Steve Davis, the director of pyrotechnics displays at American Fireworks, the company responsible for Kyle’s Fourth of July pyrotechnics spectacular that fell spectacularly short of expectations, assumed full responsibility for the show’s failure, telling the City Council Tuesday night it was the result of workers who were promised to him but failed to show up.

He confirmed he received no money from the City for the show and does not expect any payments. He offered to restage the fireworks display on an appropriate date later in the year.

“I apologize,” said Davis, who was the athletic director and head football coach at Lehman High School from when it opened in 2004 until 2012. “We take pride in our shows. We built our business on that. I’m extremely embarrassed about it. That’s not what we’re about. I’m here to make it right for the City of Kyle.”

Davis said he partnered with another company who had promised to augment Davis’s workers to help staff the Kyle show. It was those pyrotechnicians who failed to report to work. Councilman Robert Rizo told Davis he should have cancelled the show when it was known as early as 4:45 p.m. Sunday the promised pyrotechnic crew was not going to show up.

“At that time we should have made the critical judgment that we were not going to be ready by nine o’clock and should have cancelled in order to give the families (who were coming to see the Kyle show) the opportunity to go elsewhere,” Rizo said. “I would have rather had the opportunity to tell the families ‘I’m sorry. We cannot put on a show tonight,’ and you would have given them the opportunity to go elsewhere.”


Monday, July 5, 2021

Kyle’s continuing love affair with roundabouts

 


Trying to label Kyle as “the pie capital of Texas” is nothing more than an exercise in commercialism designed to promote the fortunes of one local eatery — albeit one whose reputation does, indeed, extend beyond the city’s borders — but if city engineers have their way, Kyle may soon earn the reputation as “the roundabout capital of Texas.” Now, when it comes to roundabouts, Kyle will never rival Carmel, Ind., but, as far as I can see, no other city in the Lone Star State has invested itself in the planned application of roundabouts more than Kyle.

This phenomenon is largely associated with the Plum Creek neighborhood, although what most people call roundabouts in Plum Creek are actually traffic circles. There is a significant difference.

The first major push for an actual roundabout in the city came when city officials lobbied the Texas Department of Transportation to install a roundabout at the intersection of FM 1626 and Kohlers Crossing. This was one of the dumbest ideas of the century. The speed limit there was 60 miles an hour and, as any civic engineer can attest, a roundabout capable of handling motorized vehicles traveling 60 mph would have to have, at a minimum, a diameter of at least a mile. TxDOT, of course, has more than enough knowledgeable civic engineers and I can imagine them chuckling to themselves as they quickly installed traffic signals, not the roundabout city officials so desperately sought, at that intersection.

But the city did manage to install a roundabout at Marketplace and Burleson (although it, too, is configured more like a traffic circle than a roundabout), as part of the last road bond project, and it has been successful in forcing developers to include roundabouts as part of new subdivisions on the east side of the city as well.

Now, however, the City is going even further. It is trying to institutionalize roundabouts.

The first step in this process will come tomorrow night when the City Council considers a rather messy and somewhat convoluted ordinance “requiring (the) use of roundabouts in certain intersections.”

Now the question you may have — certainly the one I had — is precisely in what kind of intersections will the City require that roundabouts be installed. That’s where the messy and convoluted part comes into play. This is what the ordinance, as currently written, says about that subject: “A traffic control study to consider the potential positive impact of a roundabout style intersection is required for all non-residential construction of intersections with anticipated traffic requiring traffic control measures great than a stop-sign. When studies indicated both feasibility and a positive impact on traffic congestion, a roundabout style intersection will be used unless the exclusion of which is specifically approved by the City.”

Sure. Fine. Whatever.

It’s difficult to know exactly where to begin in trying to decipher the gobbledygook contained in the proposed ordinance. One can make assumptions, of course. Assumption No. 1: The City doesn’t employ anyone assigned to proofread proposed ordinances, which directly leads to Assumption No. 2: the word “great” in that section of the ordinance should actually be “greater.” Of course, that begs the question “What constitutes ‘anticipated traffic requiring traffic control measures greater than a stop-sign’” and what in heaven's name does any of that even mean?

(Updated at 4:50 p.m. Tuesday) “The proposed ordinance will provide the City with the responsibility/ authority to determine if a roundabout is best suited at an intersection in lieu of multi-way stop signs or traffic signals,” City Engineer Leon Barba told me Tuesday.  “There are no specific numbers, ratios or formulas to help make this determination. It will be based on the 'engineer’s judgment' to make this call.” Of course, you might be wondering, as I am, why the ordinance just didn't say this, which brings me to:(End updated material)

Assumption No. 3: the City has no one in its employ with the specific expertise of writing municipal ordinances. Kyle currently contracts out its legal services, but it is rapidly approaching the size when it needs to establish its own in-house City Attorney Department. San Marcos, for example, has its own in-house City Attorney although I am still trying to determine if that office also contains a staff of lawyers in addition to City Attorney Michael Cosentino. Further south, the San Antonio City Attorney’s Office contains 58 attorneys and a support staff of 25. To the north, Austin labels its City Attorney Department as “the Law Department,” which, according to its web page, “is organized into seven legal practice divisions. Although the department's attorneys are assigned to practice in a specific division, they are trained to have a general knowledge of municipal law practice because many legal issues cross practice areas.  The Law Department has a diverse staff of talented professionals with the expertise to provide comprehensive legal services for the wide variety of legal issues facing our city.” Assumption No. 4: At least one person on that staff and on the staff in San Antonio is solely responsible for drafting municipal ordinances. I make that assumption because, during my time as a department head with the City of Dallas, I was good friends with the one attorney in the Dallas City Attorney Department whose sole responsibility was drafting municipal ordinances for that City Council to review and possibly adopt.

I’m not saying Kyle has reached the point where it needs to bring its legal services in-house, but I do believe the City can see that point from here. I am saying, however, the city must do a better job in drafting municipal ordinances, whether that involves having them drafted by an ordinance-drafting expert at The Knight Law Firm, LLP, which currently serves as the city’s legal arm, or whether it involves searching for a replacement for Knight that has, in its employ, experts in that field.

At any rate, this ordinance, as messy and as convoluted as it may be, does indicate the City is diving headfirst into the roundabout pool. Does it mean the City plans to replace all intersections on which traffic is currently controlled by lights with roundabouts? Since the majority of those roads are most likely under the jurisdiction of TxDOT, I don’t think that’s likely to happen. In addition, performing such an exercise immediately would seem to be cost prohibitive, but this new emphasis on roundabouts could mean the city plans to accomplish this replacement process in phases over an extended period of time, say two decades. I say two decades because the aforementioned Carmel, Ind., began the process in the late 1990s to build and replace signalized intersections with roundabouts. At the time it began that process, Carmel had a population of 60,803, roughly what Kyle’s population is now. Today, that Indiana city, with a population of 97,464, has more than 138 roundabouts, more than any other city in the United States.

Is this a good thing for Kyle, or simply an expensive gimmick? Perhaps something I discovered on Carmel’s web page could help answer that question: “Roundabouts move traffic more efficiently and reduce the number of fatalities and serious-injury accidents. They work because of their safety record, their compatibility with the environment, their aesthetics and their ability to make it easier for pedestrians and bicyclists to navigate. The number of injury accidents in Carmel have reduced by about 80 percent and the number of accidents overall by about 40 percent.”

But there is a cost factor. Roundabout intersections are more expensive to construct that signalized ones because of the realignment involved. Most engineers I have talked to estimate it costs roughly $400,000 more to construct a roundabout intersection than a signalized one. Then there’s the annual maintenance costs. Those same engineers tell me the annual maintenance on a signalized intersection is roughly between $4,000 and $5,000, while the annual maintenance on a roundabout — landscaping and additional asphalt applications — is significantly higher. A study performed by the city of Sudbury, Calif., concluded “it is estimated that a roundabout will cost approximately $500,000 more than a signalized intersection.”

But those roundabouts are prettier than a traffic light, that's for sure.

Friday, July 2, 2021

State of the City Address set for July 27

In another sign that things are returning to pre-pandemic norms, the annual Kyle Chamber of Commerce’s presentation of the State of the City address will once again be an in-person event at its normal time of the year: the Tuesday immediately preceding the Saturday on which the city manager formally presents his proposed operating budget for the next fiscal year to the city council.

Last year, in the midst of a lockdown imposed by the risks of a possible COVID super-spreader event, the annual address was a virtual affair held at the end of August. This year, however, the event will return to its normal location, Sage Hall at Texas Old Town, 1205 Roland Lane, and at its usual time and date, 11 a.m., Tuesday, July 27. Mayor Travis Mitchell will once again deliver the address.

It is anticipated Mitchell will provide a glimpse at the highlights of the next fiscal year’s budget, in particular its focus on infrastructure improvements such as funds being set aside for improvements to parks and trails; street maintenance, repairs and reconstructions; economic development and revitalization improvements in downtown Kyle; water, wastewater and storm water system improvements; sidewalk maintenance, rehabilitation, and construction; as well as continued spending on citywide beautification programs. In short, I would expect Mitchell to highlight that millions of dollars will be devoted to efforts to make Kyle a more livable and workable city.

I would also expect Mitchell will address Kyle’s growth, but not necessarily in population, although that has been notable. The last year has seen unprecedented growth in the city’s business sector. Commercial property valuations in the city increased this year more than in the last six years combined. What was once called Uptown, but now has been dubbed the Brick and Mortar District, a massive (by Kyle’s standards) mixed-use development financed by tax increment funding at the northwest corner of FM1626 and Kohlers Crossing, is another subject that’s important to Mitchell and one should anticipate the mayor will focus attention on the development of that project during his address. 

“The annual State of the City Address is an excellent opportunity for our members to hear straight from the source,” Kyle Area Chamber of Commerce CEO Julie Snyder said in a prepared statement released Thursday by the City. “Mayor Mitchell is a businessperson himself and our members appreciate hearing what the council is working on for the future and how it directly impacts our business community.”

The luncheon address is not restricted to Chamber members, however. Anyone wishing to attend can make reservations by clicking here.

“The last year has been difficult,” Irene Melendez, the Chamber’s board chair said in the same prepared statement. “Difficult for our community members, as well as our businesses. But Kyle is coming back strong. We look forward to hearing Mayor Mitchell discuss the plans for the future of Kyle.”