How the City Council voted Tuesday night

(First Reading) Approve an Ordinance amending the City's Approved Budget for Fiscal Year 2021-2022 by appropriating $537,032 to provide funding for change order numbers 4 and 6 approved by city council on Nov. 1 to Cadence Construction Company, LLC, in the amount of $438,030 for the Heroes Memorial Park project and $99,002 to construct an eight-inch reclaimed waterline underneath Kohlers Crossing.
Approved 7-0, second reading waived.

Approve a resolution approving and authorizing a financing agreement for the Kyle Plum Creek North Public Improvement District.
Approved 7-0

(First Reading) Consider and possible action on an ordinance finding of special benefit to the property in the Plum Creek North Public Improvement District; providing for the method of assessment of special assessments against property in the district; approving assessment rolls for the district; levying assessments against property within the district; providing for payment of the assessments; providing for penalties and interest on delinquent assessments; establishing a lien on property within the district; approving a service and assessment plan; approving landowner agreements; providing for related matters in accordance with Chapter 372, Texas Local Government Code; providing an effective date; and providing for severability.
Appoved 7-0, second reading waived

A resolution authorizing the city manager to coordinate with the Texas Department of Transportation for installation of a sign at Interstate Highway 35 and South FM 1626 prohibiting soliciting, begging activity directed at drivers using the city streets; providing open meetings clause; and providing for related matters.
Motion to amend the resolution to include installation of a sign at Interstate 35 and Center Street approved 7-0; amended resolution approved 7-0.

Consider a request by Nitro Swimming to grant a special exception for parking on property located within Plum Creek PUD.
Amendment to add for additional ADA parking spaces approved 7-0; amended request approved 7-0.

(First Reading) An ordinance amending Chapter 41 (Subdivisions) for the purpose of modifying Section 41-136 (Lots)and Chapter 53 (Zoning) for the purpose of modifying Section 53-143 (Site Development Regulations [Townhomes]) authorizing the city secretary to amend the code of ordinances so as to reflect this change; providing for publication and effective date; providing for severability; and ordaining other provisions related to the subject matter hereof; finding and determining that the meeting at which this ordinance was passed was open to the public as required by law.
Motion to approve Chapter 41 with an amendment requiring HOAs to be responsible for maintenance approved, and to modify and bring back the Chapter 53 changes approved 7-0.

Consideration and possible action to adopt a concrete washout standard.
No action taken.

Authorize public hearings on the proposed creation of city TIRZs and authorize city staff to prepare and file with the city secretary's office TIRZ preliminary project plans.
No action taken.

Discussion and possible direction on redesigning layout of council chambers to accommodate an ADA accessible lectern.
Council directed staff to remove four front row chairs in council chamber to accomodate an ADA accessible lecturn.

Take action on items discussed in Executive Session.
No action taken.

How the City Council voted Monday night

 Annexations

   Accept the withdrawal of the petition for annexation of 37.99 acres located at 301 Bebee Road; setting annexation schedule; providing for open meetings and other related matters.
   Approved 6-0 (Mayor Pro Tem Koch absent when vote taken)

   (Second Reading) An ordinance annexing 2.548 acres located at 4750 Dacy Lane, 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 a severability clause and an effective date; and providing for open meetings and other related matters.
   Approved 5-1 (Flores-Cale dissenting, Mayor Pro Tem Koch absent when vote taken)

PIDs

   Approve a resolution accepting a preliminary service and assessment plan for the Plum Creek North Public Improvement District; directing the filing of proposed assessment rolls for said public improvement district; approving the publication of notice of a public hearing to consider an ordinance levying assessments on property located within said public improvement district that is specially benefitted by the improvements being financed; directing city staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto; and providing an effective date.
   Approved 7-0

Zoning

   (Second Reading) An amendment to Kyle’s zoning ordinances for the purpose of assigning original zoning to 318 total acres (PUD Zoning, 256 acres to Single Family Attached [R-1-A]; 43.92 acres to Apartments Residential-3 [R-3-3]; and 18.38 acres to Retail Service District [RS]) for property located at 700 Bunton Lane and 800 Bunton Lane.
   Approved 6-1 (Tobias dissenting)

   (Postponed 10/4/21) (First Reading) An amendment to Kyle’s zoning ordinances 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 deny approved 6-0 (Mayor Mitchell recused)

Other items for individual consideration

   Consider approving an Interlocal Agreement (ILA) between the City of Kyle and Hays County for the city's funding obligations of each entity for the Center Street Union Pacific rail siding project.  The city's total funding obligation shall not exceed $1.23 million this ILA.
   Approved 6-0 (Mayor Mitchell absent when vote taken)

   Authorize the city manager to execute site specific declarations of covenants, restrictions and easements for the Heroes Memorial tracts, approve letter agreements authorizing the conveyance and addressing drainage and restrictive covenant obligations, and authorize the city manager or mayor to execute all documents necessary to accept conveyance of Heroes Memorial tracts.
   Approved 5-1 (Flores-Cale dissenting, Mayor Mitchell absent when vote taken)

   Approval of change order No. 4 to Cadence McShane Construction Company LLC of Austin, in an additional amount not to exceed $438,030, increasing the total contract amount to $8,388,030 for the purpose of funding value engineering items that were later denied and kept in Heroes Memorial Park.
   Approved 6-0 (Mayor Mitchell absent when vote taken)

   Approval of change order No. 6 to Cadence McShane Construction Company LLC of Austin, Texas an additional amount not to exceed $99,002, increasing the total contract amount to $8,487,032 for the purpose constructing eight-inch reclaimed waterline underneath Kohlers Crossing.
   Approved 6-0 (Mayor Mitchell absent when vote taken)

   Authorize award and execution of a purchase order to Rushworks in an amount not to exceed $29,600 utilizing PEG funds, for the upgrade of servers and AV equipment used to record and broadcast public meetings on the internet and public access channel, inside council chambers.
   Approved 7-0

   Authorize the Police Department to purchase four Haenni Instruments WL101 wheel load weigher scales in an amount not to exceed $21,000 from Loadometer Corporation. (These scales will allow police officers to weigh potentially overweight commercial vehicles travelling on streets, roads, and highways within the city limits.)
   Approved 7-0

   Consider amending the project management services contract with K Friese & Associates, Inc., of Austin to add two additional roads to their scope of work for various upcoming road improvement projects. (The two additional roads to be added are the extension of Seton Parkway north to connect to Kohlers Crossing and the extension of Lehman Road north and then west connecting to Dacy Lane at the intersection of Seton Parkway.)
   Approved 6-0 (Flores-Cale absent when vote taken)

   Development agreement establishing development standards for the RPC Kyle, LLC and Kyle 120, LLC development.
   Approved 7-0

   Consideration and possible action to update the stormwater regulations ordinance to include more stringent requirements for the construction of concrete washout pits.
   Motion to direct staff to update  the stormwater regulations ordinance approved 6-0 (Mayor Pro Tem Koch absent when vote taken)

   Discussion and possible action regarding the city’s Comprehensive Plan.
   Motion to bring the item back on the Jan. 4 council meeting agenda approved 6-0 (Mayor Pro Tem Koch absent when vote taken)

   Take action on items discussed in Executive Session.
   No action taken.

City council makes major decisions on the road that defines Kyle

 Whether anyone wants to readily admit it or not, Kyle is defined not by its pies, nor its fajitas, nor its balloon festivals nor even its heritage. The truth is Kyle is defined by a road. A highway. Interstate 35.

Interstate 35 is the reason Kyle has experienced its 21st century growth spurt. Population growth follows major arterials extending from major metropolitan areas. Upon graduating from college, I spent the next 46 years of my professional career in Dallas and witnessed this pattern of population growth first-hand. The road that defined Dallas was North Central Expressway, a six-lane freeway extending four miles north of downtown that became a four-lane one for the next nine miles to the northern city limits. It was a traffic nightmare. But when the Texas Legislature created the Turnpike Act on June 9, 1953, tollroads began to take shape in the Dallas area. What is now Interstate 30 between Dallas and Fort Worth was originally constructed in 1957 as a tollroad known as the Dallas/Fort Worth Turnpike. That arterial stimulated the growth of Arlington and Grand Prairie and facilitated the construction of Six Flags Over Texas which opened midway on the Turnpike Aug. 5, 1961.

To help alleviate the traffic headaches on North Central Expressway, the highway powers-that-be decided to construct a tollroad from downtown Dallas to the northern city limits that could serve as an alternative to North Central Expressway. Construction began in 1966 and it was completed in 1968 when it reached Interstate 635, 8.7 miles north of its origin point. The reason the Dallas/Fort Worth Turnpike became a free highway in 1977 is because J.H. “Jack” Davis, the engineer-manager for the Texas Turnpike Authority, said in 1968 that "When revenue bonds for a project are finally paid off, the facility reverts to the state as part of its highway system, to be used free." Those behind the turnpike could have continued to issue bonds for additional construction projects, but for some unknown reason they didn’t. The folks behind the Dallas North Tollway were not going to make that same mistake. So, in the mid-1980s, work commenced on extending the Tollway northward another 22 miles so that by mid-2007, it extended all the way to U.S. Highway 380, which connects Denton and McKinney in North Central Texas. Plans are in place to extend it another 30 miles northward to the city of Gunter. In short, bonds on that road will never be paid.

When that first section of the extended Dallas North Tollway north of I-635 opened in 1987, there was nothing but empty fields on either side. That fact is hard to imagine today on a highway whose frontage roads are packed with multi-story office buildings, shopping centers, restaurants and, yes, even the headquarters of the Dallas Cowboys pro football team.

Because gravitational pull in Texas is generally north to south, growth emanates from major metropolitan areas to the north first before it begins flowing south. That’s the reason for the Dallas North Tollway. It’s also why here in Central Texas, cities like Round Rock and its neighbors began their growth spurts before Kyle. But when I-35 north of Austin essentially became a contiguous urban center all the way through Georgetown, the eyes of developers turned southward. It’s hilarious today to hear long-time residents of Kyle speak wistfully of some “good old days,” and pine for that time when the city still had a population of around 5,000 and wonder why so many people suddenly discovered the city. It’s because it’s on the freaking interstate. Anyone who didn’t realize this growth was inevitable was completely out of touch with reality. Physically speaking, one could argue Wimberley is a far more desirable place to live than Kyle. But Wimberley is not located on a major arterial. Even Dripping Springs, with its bevy of wineries and other charms, is not located on an arterial that can compare with I-35 and that’s why Kyle’s growth dwarfs that of Dripping Springs.

The theory that development follows major arterials will also have a major effect, within the next 20 years, on FM 1626. FM 1626 is a strange road in that it’s the only highway of its comparative length (13.3 miles, approximately) I’m aware of that begins and ends at the same highway — in this case, the aforementioned I-35. But while I-35 is occupied predominantly by motorists driving through Kyle, FM 1626 will be the major arterial for commuters living in Kyle and Buda driving to workplaces in West Austin, particular those major employment centers lining both sides of Highway 1, or, as it is more commonly called, the MoPac Expressway. By the year 2040, expect FM 1626 to be completely commercially developed from the 45 tollroad into Kyle.

But back to I-35 which also defines Kyle in other ways. There exists in Kyle a divide that is not only physical, but also cultural and political. The divide is between the east side of Kyle and the west side. There is a feeling, not completely without foundation, that the west side of Kyle prospers while the east side languishes — the west side gets the better, wider roads and a quicker response for street repairs than the east side. It is a widely held belief on the east side of Kyle that all the best stores, all the best eateries, all the best developments, the more prestigious subdivisions, the superior schools are all located on the west side of I-35. And the dividing line between that east and west is, of course, I-35. 

This dividing line was a significant focus of Tuesday’s city council meeting. First, the council voted 5-1 to deny a request to amend the city’s Comprehensive Plan to allow for warehouse and construction-manufacturing zoning to the Regional Node Land Use District. This district essentially runs along either side of I-35 from the northern to the southern city limits with an area between Kohlers Crossing and City Lights carved out as other districts. This vote makes sense for a number of reasons. As I mentioned earlier, the overwhelming majority of motorists on I-35 are not residents of Kyle; they are driving through the city. I get a kick out of all the egotists in Kyle who complain about all the drive-through restaurants in the city, thinking all those restaurants were built for them when they actually exist for those folks driving through town on I-35. I am a big believer in the concept that one way to reduce the tax burden on Kyle residents is to increase that burden on out-of-town residents. And one of the more impactful ways to do that is to line I-35 with magnets that will irresistibly pull motorists off the highway and into businesses where these out-of-town visitors will willingly part with their sales tax dollars. Warehouse and construction-manufacturing simply will not serve that purpose. Restaurants, shops and entertainment areas are far more likely to accomplish this. I was a member of the Planning & Zoning Commission that carved out this Regional Node and this “magnet philosophy” was the reason I fought so hard for its inclusion in the land use map. I also fought for it to avoid another public battle such as “The Great Godzilla Truck Stop Fight” of 2016, when a developer wanted to locate a mega-truck stop at the northwest intersection of I-35 and Yarrington Road. (If you have forgotten this episode or are simply unaware of Kyle’s recent political history, you can read about it here.)

Council member Robert Rizo cast the lone vote against denying this request to weaken the Comprehensive Plan.

The second significant vote the council took relating to the road that defines Kyle was one in which the council approved the terms in an agreement that could lead to additional major commercial and apartment developments that will be not only be located along or near I-35, but, again, on the west side of the interstate.

Three parcels of land are involved in this agreement. The first is located on the west side of I-35, just north of the Old Bridge Trail, the road that runs in back of the H-E-B complex. The second is bordered by Marketplace Avenue, the Santa Fe railroad tracks, FM 1626 and the Oaks on Marketplace apartment complex. It is supposed to include five restaurant pads and two retail buildings toward the 1626 side of the project; and four four- or five-story apartment buildings with ground level retail along with three additional three-story apartment buildings on the Oaks end. The boundaries of the third parcel are Marketplace Avenue, Physicians Way, City Lights Drive and Kyle Center Drive (the road behind the ER center and Chicken Express on the I-35 southbound frontage road). This parcel is planned as a mixed-use development that will include a pair of four-story buildings along Marketplace and at least seven three story buildings that will all feature retail-type establishments on the first floor and apartment/office spaces on the others.

Under the terms of the agreement the council approved, the city agreed, among other things, that:

• The developer shall receive an amount equivalent to 50 percent of the ad valorem taxes levied by the city collected from the development and received by the city each year, excluding taxes levied on the base value of the property. The base value of the property shall be the taxable value of the property as appraised by the Hays County Appraisal District for tax year 2021.
• The developer shall receive 50 percent of the city’s 1 percent sales taxes collected from the development and received by the city each year. The sales tax rebate shall not be applied to the city’s .5 percent sales tax enacted for property tax reduction.
• The city shall assist the developer in negotiating with Hays County to enter into an agreement for tax rebates similar to the above terms.
• The tax rebates shall continue until either 15 years from the date the final certificate of occupancy for the initial commercial space is issued for the project or until the developer receives a total reimbursement of $13 million, whichever comes first.

The developer agreed, among other terms, that:

• It will build a minimum of 14,000 square foot of commercial space in the first parcel mentioned above within 24 months after the issuance of all required permits.
• The four-or five-story mixed-use buildings in the second parcel mentioned are intended to have a cumulative minimum of 18,000 square feet of commercial space.
• In the third parcel, the mixed-use buildings fronting Marketplace Avenue and the buildings fronting Kyle Center Drive are intended to have a cumulative minimum of 15,000 square feet of first-floor commercial space. The buildings in this parcel fronting Physician’s Way and City Lights Drive are intended to have a minimum of 15,000 square feet of space on the first floor that is suitable for conversion to commercial space or live/work space.
• It will install “a 12-foot-wide sidewalk along Marketplace that is integrated and connected to the citywide trail system, with design tailored to include pocket parks and trail-oriented retail where appropriate, in the discretion of the developer with city input. It is intended that the sidewalk will have a trailhead connection point to a to-be-constructed pedestrian bridge (such bridge to be designed, constructed, and maintained by the city at its sole cost and expense subject to (a) developer contribution … crossing over the railroad tracks adjacent to Marketplace. The exact location of the bridge and the trailhead to be determined at a later time with the mutual cooperation and agreement of the city and the developer.”
• “Public art pieces, preferably from local artists, will be included in the development as appropriate in the discretion of the developer, with the involvement and approval of the city.”

This agreement was also approved in a 5-1 vote. This time, council member Yvonne Flores-Cale cast the lone dissenting vote. (Mayor Pro Tem Rich Koch was absent when both votes were taken).  I reached out to both council members Flores-Cale (on Thursday) and Rizo (yesterday), offering them the opportunity to explain why they voted in the minority, but, as of the posting of this article, neither chose to defend their actions.

How the city council voted Tuesday night

 Consent Agenda

Approve Task Order No. 7 to LJA Engineering, Inc., Austin, in the amount not exceed $123,697 for the Schlemmer Street/Porter Street wastewater phase 2 project.
Although not removed from the Consent Agenda as proper procedure called for, a vote to amend the amount in this item to $118,567 passed unanimously. 
Authorize award and execution of a purchase order to Napco Chemical Company, Spring, Texas, in an amount not to exceed $93,247.75 which includes a 15 percent contingency for the delivery of sodium hypochlorite and sodium bisulfite to the City of Kyle wastewater treatment plant for the Public Works Department.
Authorize the city manager to execute a 60-month lease with Bizdoc, Inc., San Antonio, for a Kyocera Model 5053ci photocopier for the Kyle Public Library, in an amount not to exceed $126.73 per month, plus a per-copy charge.
Approve the purchase of furniture, fixtures, and equipment for the Kyle Public Safety Center, payable to Southwest Solutions, Round Rock, Texas, in an amount not to exceed $805,880.
Consider approval of an interlocal funding agreement for testing of seized drug evidence with Hays County.
Approved 7-0

Annexations

(First Reading) An ordinance annexing 2.548 acres located at 4750 Dacy Lane, 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 a severability clause and an effective date; and providing for open meetings and other related matters.
Approved 5-1 (Flores-Cale dissenting, Koch absent when vote taken)

Appointments

Consideration of the reappointment of Anne Duhon to Seat 7 of the Park and Recreation Board for a two-year term to expire Sept. 30, 2023.
Approved 7-0

PIDs

(First and final reading) An ordinance making a finding of special benefit to the property in the 6 Creeks Public Improvement District; providing for the method of assessment of special assessments against property in improvement area No. 3 of the district; approving an assessment roll for improvement area No. 3 of the district; levying assessments against property within improvement area No. 3 of the district; providing for payment of the assessments; providing for penalties and interest on delinquent assessments; establishing a lien on property within improvement area No. 3 of the district; approving a service and assessment plan; providing for related matters in accordance with Chapter 372, Texas Local Government Code; providing an effective date; and providing for severability.
Approved 7-0

(First and final reading) An ordinance authorizing the issuance of the city special assessment revenue bonds, series 2021 (6 Creeks Public Improvement District improvement area No. 3 project); approving and authorizing an indenture of trust, a bond purchase agreement, a limited offering memorandum, a continuing disclosure agreement, and other agreements and documents in connection therewith; making findings with respect to the issuance of such bonds; providing an effective date.
Approved 7-0

Zoning

Consider a request for a Comprehensive Plan amendment to add Warehouse (W) and Construction Manufacturing (CM) Zoning Districts to the Regional Node land use district in the Comprehensive Plan.
Motion to deny approved 5-1 (Rizo dissenting, Koch absent when vote taken)

(First Reading) An ordinance amending Chapter 53 for the purpose of assigning original zoning to approximately 318 total acres (PUD Zoning - 256 acres to Single Family Attached [R-1-A]) (43.92 to Apartments Residential-3 [R-3-3]) (18.38 acres to Retail Service District [RS]) for property located at 700 Bunton Lane and 800 Bunton Lane. (Item amended to increase the percentage of townhomes/patio homes in the development from 0 to 5 per cent)
Approved 6-0 (Koch absent when vote taken)

Other items for individual consideration

(Pulled from Consent Agenda) (First Reading)  Approve an ordinance amending the city's approved budget for fiscal year 2021-22 by reallocating $215,0000 from the $1.1 million approved for the LGC property acquisition/downtown revitalization program capital improvement project (CIP No.19) and appropriating $215,000 for the new downtown master plan and citywide design standards capital improvements project expenditures.  This budget amendment was requested by city council on Sept. 7.
Approved 6-1 (Ellison dissenting)

(Pulled from Consent Agenda) Approve Change Order No. 7 to M.A. Smith Contracting Co., Inc., Austin, in an amount for $6,304.92, increasing the total contract amount to not exceed $2,615,746.57 for electrical and drainage improvements on Windy Hill Street.
Approved 7-0

(Pulled from Consent Agenda) Authorize the Police Department to purchase the Pace Scheduler software subscription from Pace Scheduler in an amount not to exceed $6,400.
Approved 7-0

(Pulled from Consent Agenda) Authorize the Police Department to purchase the Shield Suite and Command Center software from International Business Information Technologies, Inc. d.b.a. LEFTA Systems in an amount not to exceed $8,200.
Approved 7-0

(Pulled from Consent Agenda) Authorize the Police Department to execute the license agreement and purchase order from Veritone for redaction software in an amount not to exceed $9,500.
Approved 5-0 (Koch, Rizo absent when vote taken)

(Pulled from Consent Agenda) Authorize the Police Department to purchase additional system modules entitled payments, Invoicing, and inter-agency communications from GovQA in an amount not to exceed $10,000.
Approved 7-0

Consider and possible action on a First Year on Us incentive application from Feras Abuhweij, Conoco at 1203 N. Old Hwy 81; rebate not to exceed $5,000.
Approved 6-0 (Koch absent when vote taken)

Consider approving an interlocal agreement between the city and Hays County for the city's funding obligations of each entity for the Center Street Union Pacific Rail Siding Project.  The city's total funding obligation shall not exceed $1.23 million under this ILA.
Consideration postponed until Nov. 1 meeting.

Approve an agreement with K Friese & Associates, 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.
Motion to approve and amend the contract to add the recommended secretary of state’s name to the contract and add the 150 extension road as discussed to the project’s scope approved 5-0 (Ellison, Koch absent when vote taken)

Memorandum of understanding for the City Lights and Kyle Marketplace subdivision/development between the city and Central Southwest Texas Development, L.L.C.
Approved 6-1 (Flores-Cale dissenting)

Discussion and possible action regarding the possibility of creating a community garden.
No action taken.

Take action on items discussed in executive session.
No action taken.

How the city council voted Monday night

 Appointments

Consider nominations and take action to the appointments of Patricia Palacios and Matthew Lancaster to the Board of Adjustment to fill two vacancies.
Approved 4-3 (Ellison, Flores-Cale, Tobias dissenting)

Consideration of the reappointment of Chuck Koenen to seat 3 of the Park and Recreation Board for a two-year term to expire Sept. 30, 2023.
Approved 7-0

Consider of the nominations of James Miller (seat 6) and Lauralee Harris (seat 1) for appointments to the Park and Recreation Board to fill two vacancies.
Approved 7-0

Consent Agenda

Approve contract Task Order No. 9 to LJA Engineering, Inc., Austin, in an amount not to exceed $33,665 for preliminary engineering services to widen the IH-35 southbound frontage road from Marketplace Avenue to Martinez Loop.
Approve contract Task Order No. 10 to LJA Engineering, Inc., Austin, in an amount not to exceed $113,250 for preliminary engineering services for design of a sidewalk/shared use path along E. FM 150 from Lehman Road to SH 21.
Approve Supplement No. 1 to LJA Engineering, INC., Austin, in the amount of $5,971 for additional material testing services associated with the Windy Hill improvements for a total contract amount not to exceed $332,888.
Authorize negotiation and execution of a services agreement with BOKF, NA for trustee services in connection with bonds to be issued for 6 Creeks Public Improvement District.
Approve a resolution approving waiver of notice of assignment of Blanco River Ranch (phase one residential area) de-annexation and development agreement and 6 Creeks Public Improvement District financing agreement to HM 6 Creeks Development, Inc.
Approve a resolution accepting an amended and restated service and assessment plan for the 6 Creeks Public Improvement District; directing the filing of a proposed assessment roll for Improvement Area No. 3 of said public improvement district; approving the publication of notice of a public hearing to consider an ordinance levying assessments on property located within Improvement Area No. 3 of said public improvement district that is specially benefitted by the improvements being financed; directing city staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto; and providing an effective date.
Approve a resolution approving the form and authorizing the distribution of a preliminary limited offering memorandum for City of Kyle, Texas Special Assessment Revenue Bonds, Series 2021 (6 Creeks Public Improvement District Improvement Area No. 3 project).
Calling a public hearing to issue special assessment revenue bonds in Improvement Area No. 3 of the 6 Creeks Public Improvement District.
Approve a special exception to Sec. 53-33(n)(7) Chart 4, Parking, Council Determination for property located at 1850 Goforth Road.
Approve Change Order No. 6 to M.A. Smith Contracting Co., Inc., Austin, in an amount for $1,978.40, increasing the total contract amount to not exceed $2,609,441.65 for placement of erosion control blankets necessary to assist with establishment of vegetation along Windy Hill Street.
Ratify emergency repairs to generator at the wastewater treatment plant, in the amount of $23,067.15 payable to Austin Generator, Austin.
Ratify the approval of renting a stand-by generator from United Rentals, Round Rock, in an amount  not to exceed $17,469.21 during the time repairs are being conducted.
Approved 7-0

Zoning

[Postponed 9/7/21] (First Reading) An ordinance amending Chapter 53 (Zoning) 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.
Postponed, without a vote, until first meeting in November.

Other items for individual consideration

(Pulled from the Consent Agenda) Approve a resolution approving and authorizing a financing agreement for the Kyle 57 Public Improvement District.
Approved 7-0

Discussion and possible action on implementing a process to create a Human Services Board/Commission to review, advise, and create an equitable and fair process for allocating grant funding to non-profits organizations serving in the Kyle area.
Motion to direct staff to allocate taxpayer funds in future budgets to award to non-profit organizations failed 5-2 (Ellison, Flores-Cale supporting)

Evaluation of expectations from city council and city manager when presenting direction of council to staff.
No action taken.

Discussion and possible action to restructure official city task forces.
Motion to eliminate all city task forces until such time as a policy governing such task forces is adopted by the city council approved 5-2 (Ellison, Rizo dissenting)

Take action on items discussed in executive session.
No action taken during executive session

How the City Council Voted Tuesday Night

ANNEXATIONS

    A resolution of the City of Kyle accepting the petition for annexation of 2.548 acres located at 4750 Dacy Lane, setting annexation schedule, providing for open meetings and other related matters.
    Approved 7-0

    A resolution of the City of Kyle accepting the petition for annexation of 37.99 acres located at 301 Bebee Road, setting annexation schedule, providing for open meetings and other related matters. (Editor’s note: A representative of the property owner has filed a request to table this annexation.)
    Motion to table until additional agreements reached approved 6-1 (Flores-Cale dissenting)

APPOINTMENTS

    Consider the nominations and take action to the reappointments of Patricia Snidow, Matthew Chase and Alex Guerra to the Planning and Zoning Commission to fill expired terms.
    Snidow, Chase nominations approved 7-0; Guerra nomination approved 6-0 (Koch absent when vote taken)

    Appoint Krista Piferrer for a position on City of Kyle Ethics Commission.
    Approved 7-0

CONSENT AGENDA

    Discussion and approval of a third addendum to biosolids hauling services agreement with Sheridan Environmental dba Sheridan Clearwater, LLC.
    Approve Plum Creek phase 2, section 3 & 4 preliminary plan 155.04 acres; 399 single family lots and 24 open space lots for property located off of FM 2770 and Kohler's Crossing.
    Authorize the city manager to execute documents as necessary to evidence the city council’s approval of the settlement agreement with certain opioid distributors and manufacturers negotiated by the Texas Attorney General’s Office and approval of the Texas Opioid Abatement Fund Council and settlement allocation term sheet (known as the “Texas Term Sheet”).
    Approved 7-0

MARY HARTSON PARK

    (Pulled from Consent Agenda) Approve a change order in the amount of $126,065.65 to T.F. Harper & Associates, LP, for additional electrical required at Mary Kyle Hartson Park.
    Approved 7-0

    Approve a proposal by T.F. Harper & Associates, LP, in an amount of $112,361.86 for additional site improvements at Mary Kyle Hartson Park.
    Approved 4-3 (Ellison, Flores-Cale, Koch dissenting)

    Consideration and possible action on the termination of the non-standard form of agreement between the city and Cadence McShane Construction Company, LLC for the multi-story commercial building and Mary Kyle Hartson Park landscaping.
    Approved 6-1 (Mayor Mitchell dissenting)

    Approve a proposal from Barnes Gromatzky Kosarek Architects (BGK Architects) in an amount not to exceed $603,000 for a 15,000 square foot building for design services for the city's 104 S. Burleson capital improvement project.
    Motion to postpone consideration until Oct. 19 meeting so that staff can have the time to formulate a plan to fund the building approved 5-2 (Koch, Bradshaw dissenting)

ZONING

    (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle for the purpose of assigning original zoning to 318  acres (PUD Zoning - 256 acres to Single Family Attached [R-1-A’]; 43.92 to Apartments Residential-3 [R-3-3]; and 18.38 acres to Retail Service District [RS]) for property located at 700 Bunton Lane and 800 Bunton Lane.
    Consideration postponed until Oct. 5 meeting without an actual motion and vote to do so because of concerns over whether the residential portion of the project adhere’s to the city’s Residential Style Guide.

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

    (Pulled from Consent Agenda) Approval of a citywide trail master plan.
    Approved 6-1 (with a motion to increase the size of construction crews) (Ellison dissenting)

    Consideration and possible action on a request to waive the value-to-lien ratio in the city's PID policy for the Kyle 57 Project.
    Approved 7-0 with the provision that the developer agree in writing to funding the cost of underground utilities.

    Approve a contract with Uber Technologies, Inc., to provide public transit services within the Kyle city limits and other areas as specified in the agreement. (Editor’s note: This contract expands the service area to include select areas just outside the Kyle city limits as well as special vouchers to allow riders to use the program for trips to the Austin Bergstrom International Airport and the Austin VA Clinic.)
    Approved 7-0

    Discussion and possible action to approve employee insurance plans and authorize the city manager to execute any and all documents for implementation of the plan.
    Motion to switch to United Health Care Option 2 on Jan. 1 approved 7-0.

    Authorize the execution of a 12-month professional services agreement with Catalyst Commercial, Inc., of Dallas, for consulting fees not to exceed the amount of $25,000 to provide services related to the activation of key mixed use (“Catalyst” areas or “Vybe” areas) within the City of Kyle for the period of Sept. 1 through Aug. 30, 2022.
    Approved 5-1 (Flores-Cale dissenting, Bradshaw absent when vote taken)

    Discussion regarding proposed code changes to Sec. 11-176, Sec. 11-177, Sec. 41-136, Sec. 53-143 and provide direction to staff to pursue code amendments. (Editor’s note: These code changes would make it easier for food trucks to operate in the city, specifically in the downtown area; reduce the parking requirements for downtown business and multi-family operations; and reduce garage requirements for townhome developments.)
    Motion to authorize changes to all items except those pertaining to food trucks approved 6-0 (Koch absent when vote taken).

    Consider a request from the Southlake Ranch HOA to remove no parking signs on Granite Shoals Drive.
    No action taken.

    Discussion and possible action on implementing a process to create a Human Services Board/Commission to review, advise, and create an equitable and fair process for allocating grant funding to non-profit organizations serving in the Kyle area.
    Evaluation of expectations, from city council and city manager, when presenting direction of council, to staff.
    Discussion and possible action to restructure official city task forces.
    Motion to delay these three items until the Oct. 5 meeting at which time they would be placed at the top of the items listed for individual consideration approved 4-3 (Mayor Mitchell, Bradshaw, Koch dissenting).

    Take action on items discussed in Executive Session.
    No action taken.

 

Strange “vybe” concerning tonight’s city council meeting

My edition of the Webster’s II New Collegiate Dictionary does not include the word “vybe.” According to the Urban Dictionary “vybe” is a word used in the Caribbean but what it says about the word comes across as gibberish to me. It says “vybe” typically refers to “a relationship without the titles. You can vybe with more than one person and then choose, or if the vybe is very serious with the person it's a good idea not to vybe with someone else.” Sure. Fine. Whatever. I can say this for certain, however: there are a lot of “vybes” emanating from tonight’s city council meeting. So many “vybes,” in fact, I really hope the council pulls Item 10 from tonight’s Consent Agenda.

And the “vybes” are not the only reason Item 10 should be pulled.

This item calls for the approval of a “citywide trail master plan.” I’m not sure how the city council and the city staff and everybody else feels about this, but, to me, this is a big freaking deal that deserves much more discussion than it will receive if it remains on the Consent Agenda. We’re talking about a proposed 51-mile, at least, network of trails costing the city, according to a presentation that accompanies the item, the spending of around a half million dollars a year to construct. (The item doesn’t specify how many years it will take to complete, but learning that fact is another reason this item should be pulled.)

These trails will feature such amenities, according to the presentation, as “community gardens, enhance landscaping, benches, swings, ponds, fitness stations, smart light poles, charging stations/ports (for the electronic carts allowed on the trails as well as smartphones, etc.), wi-fi, security cameras, and LED lights.” They will employ culverts and “decorative bridges” to minimize roadway crossings. We’re talking about 12-foot-wide trails (“to accommodate golf carts and other neighborhood electric vehicles”) with two-foot buffers on each side “for additional safety and utility placements.” Like I said: This is a big freaking deal.

And I haven’t even mentioned how the “vybes” are involved.

I’m not exactly sure that a “vybe” is. I am convinced it is a made-up, PR word, similar to the term “Metroplex” some PR braintrust coined to label the Dallas-Fort Worth metropolitan area many decades ago. Here’s how an attachment to the Consent Agenda item introduces and explains the word:

“The Kyle trail system is an extension of the city’s park system, and is meant to connect people to recreation, commerce, and neighborhoods. Every resident of Kyle should be able to access the trail from a trailhead that is close to them. Every resident should have access to commercial nodes, or Vybes, that offer a unique experience of shopping, dining, relaxation, and fun. This connection to Vybes has led to the recommended name of the trail system as The Vybe Kyle. The Vybe employs a new term labeled TOD: Trail-Oriented Development. In other words, shopping centers, restaurants, neighborhoods, parks, and other areas along the trail should be oriented toward the trail rather than the automobile. Indeed, we believe that foot traffic equals retail sales and proximity to people equals experiences. Developments along the Vybe are encouraged to face the trail as well as to provide destination place-making activities. … Kyle residents deserve the highest quality of life which they will be able to obtain via The Vybe. The Vybe is greater than the sum of its parts. It’s a living system that continues to grow with more individual Vybes and greater use.”

Any questions?

Trouble is, council members won’t have the opportunity to ask any questions and, thus, further inform and educate us, the great unwashed, about what this is all about unless the item is pulled from the Consent Agenda.

But wait, there’s more. The presentation contains additional information about the “vybes,” such as:

“Individual Vybes should be unique to the developments where they are located. Much latitude is provided to each development to encourage variety and attraction, but each Vybe is encouraged to include: decorative pavers in the herringbone configuration, raised speed tables, grand entry signage, sufficient golf cart and vehicular parking, and charging stations. To encourage continuity along The Vybe and avoid visitor confusion, all Vybes should include activities throughout the day until 9 p.m. Certain restaurants and other retail may open early and close later.”

And:

“The Vybe will feature multiple distinct environments such as urban, natural, wooded, residential, commercial, etc. Vybes may also include unique signage, raised speed tables with the herringbone brick pattern (Kyle Style), art installations and other features to differentiate themselves from other Vybes. Along The Vybe certain features may include community gardens, enhanced landscaping, benches, swings, ponds, fitness stations, etc. To encourage visual variety as well as to enhance safety, long sections of trail should be built with a slight serpentine design.”

Hold on! Wait a minute! Just when I think “vybes” are distinct entertainment-type centers scattered around the city that are all connected by these trails (or “commercial nodes,” as explained earlier in the presentation) now I’m beginning to wonder if “vybes” are actually the name given to the actual trails:

“Many modes of recreation are allowed on The Vybe, including golf carts, neighborhood electric vehicles, personal scooters, running, jogging, walking, cycling, skateboarding, and roller blading. Any motorized or electric vehicle must be governed at 20 MPH and be street legal to ensure safety. All vehicles must be permitted through the city of Kyle. Individuals 15 years old (with a valid learner’s permit) and older may operate a motorized vehicle on The Vybe. Golf carts always yield to bikes and both to pedestrians … The Vybe is being designed to minimize roadway crossings as much as feasible. Where crossings must occur, safety beacons such as HAWK Signals should be implemented. The Vybe has been planned along greenbelts, under bridges and culverts, along easements, etc. to minimize vehicle conflicts. However, in the event a trail segment cannot be feasibly constructed, motorized vehicles will be able to utilize local roadways at or under 35 MPH while pedestrians will take advantage of narrower sidewalks. Such utilization of existing roadways also reduces construction costs for trail construction. The Vybe is not intended to function as an alternate transportation network.”

That last sentence contains the nugget of my concern: If the Vybe "is not intended to function as an alternate transportation network," how is it supposed to function? To be precise, what exactly is a Vybe? Is it a “commercial node” containing “shopping, dining, relaxation, and fun,” or is it the actual trail? Will someone please give the public a definition of this word that we can wrap our minds around and thus understand the structure of the entire proposed trail system? Will someone on the council please pull this item from the Consent Agenda so we can find out everything we need to know about “Vybe” and understand and digest completely the “citywide trail master plan”? It really is a big freaking deal — too big and too complex to shrug off in such a cavalier fashion.

Groundbreaking planned for public safety center

Proposed public safety center — “the most unique and the best building that Kyle has ever built.” 

Ten days after the City Council voted unanimously, in spite of concerns raised by member Yvonne Flores-Cale, to spend $30 million and change to build a new public safety center, the city will be holding groundbreaking ceremonies at the Kohlers Crossing site of the new structure.

The $30,139,839 “not-to-exceed” contract awarded by the council Tuesday to Bartlett Cocke General Contractors is significantly less than the $37 million voters approved last November in a bond election for the purpose of “planning, designing, constructing, improving and equipping of a public safety facility.”

Flores-Cale’s objections revolved around the fact that, according to the plans for the building approved by the council’s vote, approximately a fourth of the first floor and more than half of the second floor of the proposed building will be set aside for use by city staff members who are not part of the police department. For all practical purposes, at least a third of the public safety center will actually be overflow from city hall.

“The police department deserves better,” Flores-Cale said. “They deserve to have a building that is a hundred percent their own.”

College Station's police facility

She said the city should have followed its original plans to copy the police headquarters in College Station “because that was something our officers liked.”

“So to go in there and take a third of it or 22,000 square feet and dedicate it for city staff I think is irresponsible,” she said. “Now it’s even going to be more money when staff leaves. It’s going to cost the taxpayers more to rebuild that building the way it was originally supposed to be.”

Council member Robert Rizo countered “This building was approved by voters as a public safety center, not just a police department. We picked a bigger building (than College Station’s) so we could alleviate two needs that we have in our city and eventually the police department will incorporate the entire building.”

“The reason I would not want to use the exact same College Station plans is because we knew from the start we wanted to modify something that was out there for Kyle and Kyle’s needs,” council member Dex Ellison said. “We’re not College Station. We’re not that same community. We wanted to provide a public safety center that was unique to Kyle and the needs that our police department has.”

Ellison said the center will be “a modern and unique and advanced building that will last for decades to come … It will be the most unique and the best building that Kyle has ever built.”

Mayor Travis Mitchell said he was “humbled and proud” to vote for the contract.

“I can imagine (the center) will become more and more a part of our recruitment (for new police officers),” Mitchell said. “We want the best officers and that’s a big part of what this is designed to bring to us.”

“It’s a very exciting time and I am very excited to see this building finally go up,” Captain Pedro Hernandez, a 25-year veteran of the Kyle Police Department, told the council. “It’s a long time coming. I am excited. It’s going to be the best looking building in Hays County. I am confident of that.”

The groundbreaking ceremonies will take place a week from today from 10 to 11:30 a.m. at 1760 Kohlers Crossing, the city said Thursday in an official announcement. Parking will be available on Marketplace Avenue.

Suppose they held a city council meeting and nobody came

 Only three council members, two in person, showed up Wednesday night to attend the city council agenda meeting recessed from the night before, so the meeting was immediately adjourned for lack of a quorum. No word yet on when the eight items that were not taken up at Tuesday’s meeting would be considered.

District 6 council member Michael Tobias, who made the recommendation Tuesday night to resume the meeting Wednesday and whose last words on the dias Tuesday were “I can be available” for a Wednesday meeting was one of those who failed to appear.

Council members Robert Rizzo and Dex Ellison were on the dias Wednesday night and Yvonne Flores-Cale checked in remotely.

Those items that failed to be considered included the annexations of 2.548 acres located at 4750 Dacy Lane and 37.99 acres of the so-called “Caraway Tract” at 301 Bebee Road (although a request to indefinitely table this requested annexation was filed by a representative of the applicant); a request for a Comprehensive Plan amendment to add warehouse and construction manufacturing zoning districts to the Regional Node land use district in the Comprehensive Plan; a request from the Southlake Ranch homeowners association to remove no parking signs on Granite Shoals Drive; and the possible creation of a Human Services Board/Commission “to review, advise, and create an equitable and fair process for allocating grant funding to non-profits organizations serving in the Kyle area.”

How the city council voted Tuesday night

(Editor’s Note: Shortly after midnight, the council voted to recess this meeting until 8 p.m. tonight. Those items that were not considered are noted with the designation “Consideration postponed for 24 hours.”)

CONSENT AGENDA
Item: 7: A resolution of the city council accepting the Cypress Forest Phase 3B Subdivision improvements: finding and determining that the meeting at which this resolution is passed was noticed and is open to the public as required by law.
Item 8: A resolution of the city council accepting the Cypress Forest Phase 4B Subdivision improvements: finding and determining that the meeting at which this resolution is passed was noticed and is open to the public as required by law.
Item 9: Authorize the chief of police to execute a memorandum of understanding with the Office of the Texas Attorney General for the purpose of continuing participation as a member of Internet Crimes Against Children Task Force.
Item 11: Authorize award and execution of a purchase order to Cedar Hills Construction, LLC, Leander, lowest and most responsible bidder, in an amount not to exceed $456,665.99 which includes a 5 percent contingency for the Schlemmer and Porter Wastewater, Phase 1 improvement project.
Item 12: Approval of work order No. 145535 between Pedernales Electric Cooperative, Inc., and the city for an amount not to exceed $29,876.51 for electrical service installation to Heroes Memorial Park located near intersection of Kohlers Crossing and FM 1626.
Item 13: Approve an additional service request No. 3 with Nudge Design in an amount not to exceed $9,500, increasing the total contract amount to $656,200 for the design/engineering for an 8-inch reclaimed water line extension for Heroes Memorial Park.
Approved 7-0

ITEMS FOR INDIVIDUAL CONSIDERATION

ANNEXATIONS

Item 34: A resolution of the city, accepting the petition for annexation of 2.548 acres located at 4750 Dacy Lane, setting annexation schedule; providing for open meetings; and other related matters.
Consideration postponed for 24 hours

Item 37: A resolution of the city accepting the petition for annexation of 37.99 acres located in Hays County, setting annexation schedule; providing for open meetings and other related matters. (Editor’s note: A request to indefinitely suspend this annexation was filed by a representative of the applicant.)
Consideration postponed for 24 hours

APPOINTMENTS

Item 31: Consideration of the reappointment of Amanda Stark to Seat 5 of the Park & Recreation Board for a two-year term to expire Sept. 30, 2023. (Editor’s note: Stark is currently the Park Board chair, serving in her second term.)
Approved 7-0

Item 32: Consideration of nominations of Morgan Harrell (for a second term), Susan Reyna (for a second term) and Gracie Rocha (for a third term) for reappointments to the Library Board to fill expired terms.
Approved 7-0

MASTER PLANS

Item 19: Approval of Transportation Master Plan.
Approved 6-1 (Tobias dissenting)

Item 20: Presentation on a citywide Trail Master Plan. 
No action taken

Item 27: Approve a proposal from Barnes Gromatzky Kosarek Architects in an amount not to exceed $215,000 for professional services for downtown master planning and city-wide design standards.
Approved 6-1 with an amendment to direct staff to bring a budget amendment to council reflecting the $215,000 expenditure (Mayor Mitchell dissenting)

PIDs

Item 24: Approve a resolution authorizing and creating the Kyle 57 Public Improvement District within the City.
Approved 7-0

Item 25: Approve a deposit agreement with Kyle Mortgage Investors regarding Proposed Kyle 57 Public Improvement District.
Item 26: Approve an agreement with Kyle Mortgage Investors regarding the dissolution of Kyle 57 Public Improvement District.
Items 25 and 26 considered jointly and approved 7-0

PUBLIC SAFETY CENTER

Item: 15: Approval of the guaranteed maximum price in an amount not to exceed $30,139,839 as proposed and guaranteed by Bartlett Cocke General Contractors and authorization to issue notice to proceed for the construction of the city's Public Safety Center facility.
Approved 7-0

Item 16: Consider approval of a site specific declaration of covenants, restrictions, and easements for the Public Safety Center; and authorize the city manager or mayor to execute all documents necessary to accept conveyance of the Public Safety Center site.
Approved 7-0

Item 17: Approval of an agreement with ECS Southwest, LLP in an amount not to exceed $93,233.06 for materials testing in association with the construction of the city's Public Safety Center facility project.
Approved 7-0

ZONING

Item 21: [Postponed 8/3/21] (First Reading) An ordinance amending Chapter 53 of the city for the purpose of assigning original zoning to 10.81 acres to Retail Service District (RS) and 34.83 acres to Multi-Family Residential-3 (R-3-3) for property located at 20139 IH-35.
Motion to postpone until first October meeting approved 6-0 (Mayor Mitchell absent when vote taken)

Item 36: Consider a request for a Comprehensive Plan amendment to add Warehouse (W) and Construction Manufacturing (CM) zoning districts to the Regional Node land use district in the Comprehensive Plan.
Consideration postponed for 24 hours

OTHER ITEMS FOR INDIVIDUAL CONSIDERATION

Item 10: (Pulled from consent agenda) Approve an engagement agreement with Tim Austin of Allen Boone Humphries Robinson LLP for TIRZ consultant services.
Approved 7-0

Item 14: (Pulled from consent agenda) Discussion and approval of a sludge handling services agreement with Wastewater Transport Services.
Motion to postpone until next council meeting approved 7-0

Item 18: Update on the Police Department's Citizens On Patrol program and to seek approval to increase the size of the program from four to eight members as discussed in the recent budget workshop.
Motion to increase the size approved 7-0

Item 22: Approve a contract with Uber Technologies, Inc., to provide public transit services within the Kyle city limits and other areas as specified in the agreement. (Editor’s note: This contract not only involves continuing the Kyle Uber $314 program, but also expanding the service area to include select areas just outside the city limits as well as special vouchers to allow riders to use the program for trips to the Austin Bergstrom International Airport and the Austin VA Clinic.)
Postponed until next meeting without a vote

Item 28: Engage Honeywell on a “Smart Cities” initiative in an amount not to exceed $25,000.
Approved 6-1 (Ellison dissenting) 

Item 29: Approve an agreement with Akin Gump Strauss Hauer & Feld, LLP in the amount of $172,000 for providing federal legislative advocacy services to the city. (Editor’s Note: Akin Gump, one of the nation’s premier federal lobbying firms, said it would work with the city to (1) develop and implement a strategic plan related to the city’s priority issues; (2) monitor, report and advise on developments within the federal government, including legislative activities; (3) identify and secure federal appropriations, earmarks and grants; and (4) identify opportunities to increase the city’s presence in Washington, D.C.)
Approved 5-2 (Ellison, Tobias dissenting)

Item 30: (Second Reading) An ordinance of the city amending the Code of Ordinances Sec 2-40. – Definitions, sec. 2-43. (Term of Appointment), and Sec. 2-45 (Qualifications); providing exceptions; providing an effective date; and making such other findings and provisions related hereto.
Approved 6-1 (Flores-Cale dissenting)

Item 33: Discussion regarding proposed code changes to Sec. 11-176, Sec. 11-177, Sec. 41-136, Sec. 53-33 (Chart 4), Sec. 53-143 and provide direction to staff to pursue code amendments.
Consideration postponed for 24 hours

Item 35: Consider a request from the Southlake Ranch HOA to remove no parking signs on Granite Shoals Drive.
Consideration postponed for 24 hours

Item 38: Discussion and possible action on implementing a process to create a Human Services Board/Commission to review, advise, and create an equitable and fair process for allocating grant funding to non-profits organizations serving in the Kyle area.
Consideration postponed for 24 hours

Item 39: Evaluation of expectations from city council and city manager when presenting direction of council to staff.
Consideration postponed for 24 hours

Item 40: Discussion and possible action to restructure official city task forces.
Consideration postponed for 24 hours

If it looks, swims and quacks like a duck, is it really a duck?

The basic purpose of a city council Consent Agenda is to group routine, noncontroversial topics into a single agenda item that can be discussed and passed with a single motion and vote. The Kyle City Council uses (and often abuses) the concept of the Consent Agenda at just about each council meeting except those called specifically to handle emergency items and sometimes when the council has called a special meeting to discuss just one subject, such as the annual budget.

There is a strange item on next week’s city council Consent Agenda. It’s the last item on there and it reads: “Discussion and approval of a Sludge Handling Services Agreement with Wastewater Transport Services.”

Here’s the basic overriding question: How, in heaven’s name, can you have a “discussion” on this specific item if it is part of a Consent Agenda. Now such a discussion can be held if this item is “pulled” from the Consent Agenda. Pulling an item from the Consent Agenda is the accepted parliamentary procedure that permits the council to discuss this item separately from the other seven items on the Consent Agenda.

Of course, our city council routine abuses accepted parliamentary procedures so there’s no way to predict what it might do here.

Now here’s a second basic question: As of this writing, Friday at roughly 5:30 p.m., this agenda item contains no backup material. It might facilitate a better-informed  “discussion” if the agenda included the agreement to be discussed. Of course, the city could be trying to prevent the public from reviewing the agreement for whatever reason and therefore passed it on to the council for members’ “eyes-only” viewing. But why engage in that sort of subterfuge? 

Overall, this is simply the wrong way to handle this thing — wrong in so many ways!

How the city council voted Wednesday night

Item 1: Approval of a resolution authorizing the grant award of $45,000, for the term Sept. 1-Aug. 31, 2022, from the Office of the Governor, Victim Coordinator and Liaison Grant Program, to fund a full-time victim services advocate at Kyle Police Department and to include city matched funds of $18,616.88.
Approved 7-0

Item 4: (Second Reading)  Approve an ordinance adopting a budget totaling $172.6 million for all City Funds for the ensuing fiscal year beginning Oct. 1 and ending Sept. 30, 2022; appropriating revenue and expenditure amounts thereof for all city funds, authorizing a 6 percent increase in water service rates, no changes in wastewater service rates, no changes in storm drainage fees, a 2.51 percent increase in solid waste service charges, all other fees and charges for city services as provided for in the fee schedule, capital improvement program expenditures, addition of 23.0 new full-time positions for a total of 304 full-time equivalent positions, carryover of encumbrances, all associated schedules and documents, and repealing all ordinances in conflict herewith; and providing for an effective date.
Approved 7-0

Item 5: (Second Reading)  Approve an ordinance fixing the ad valorem tax (property tax) rate for tax year 2021 (fiscal year 2021-22) at $.5082 per $100 assessed valuation and providing for the levying of ad valorem taxes for use and support of the municipal government of the city for the fiscal year beginning Oct. 1  ending Sept. 30, 2022; providing for apportioning each levy for specific purposes; and providing when ad valorem taxes shall become due and when same shall become delinquent if not paid.
Approved 7-0 

Random observations after Tuesday night’s City Council meeting

First random observation: The council hosted a presentation on the progress of relocating the railroad siding that way-too-often forces trains to come to a dead stop that blocks all traffic at the Center Street crossing. Three years ago, funds were identified to pay Union Pacific what it would cost to relocate that siding to a place beginning just north of the Burleson Road crossing to just north of where Kohlers Crossing crosses the track. Not only that, additional funds are being sought to build a Kohlers Crossing overpass so that the trains will not block that roadway once the siding relocation is complete. During the presentation and ensuing council question-and-answer session we learned (1) construction on the project is set to begin in 2023; (2) that many residents in the Creekside Village subdivision between Burleson and Plum Creek whose homes abut the tracks are upset because the siding relocation will necessitate the temporary removal of backyard fences (a Union Pacific spokesperson promised the railroad would replace those fences with better ones once construction is complete); and (3) that the siding’s relocation is dependent on money being available to construct the Kohlers Crossing overpass.

But the one question I wanted answered — and, I firmly believe, the question on the minds of most residents, especially those who drive through downtown Kyle — was “when will trains no longer block Center Street?” Personally, I don’t expect it to happen in my lifetime, but, still, it would be nice to have a target date on when traffic flow might normalize in that heavily trafficked section of the city. And no one on the council asked this question. I wonder if any of them even thought to ask this most important question on this subject.

Second random observation: “I don’t know much about art, but I know what I like.” That statement has been the caption of a famous New Yorker cartoon. It has been the title of a book written by someone I know little about, Marjorie Bull. It has been repeated ad nauseam by visitors to art galleries and exhibitions. And it was what was running through my mind the entire time the council was talking about the idea of forming an Arts Commission.

Each and every council member has a completely different idea about what a municipal Arts Commission is all about. And the answer is really simple. All it takes is a couple of different steps. The first is to identify a constant municipal funding source to underwrite the arts — in whatever shape it might take — in the city. One suggestion: Permanently dedicate .2 percent of the city’s annual CIP budget each fiscal year to arts funding (since art, especially the installation of art in public places, is intrinsically tied to infrastructure projects). Another suggestion: Pass an ordinance that sets aside 1 to 2 percent of the city’s Hotel Occupancy Taxes collected each year for arts expenditures.

Once this preliminary funding is identified, then and only then should the city create an Arts Commission whose tasks will be to (1) identify and solicit public and private grants/contributions to subsidize and enhance the city’s contribution to arts funding (i.e., grants from the National Endowment for the Arts or the National Endowment for the Humanities); (2) determine if a particular project is eligible for a state tax credit for historic renovation; (3) create a 501(c)(3) to administer the public art program, so that donated monies could be used tax-free and would represent taxable deductions for donors; (4) hold public meetings during which arts patrons seeking money from the city for art projects for Kyle can argue for their projects to receive public funding; (5) debate and vote on which of these projects should receive city funds; and ultimately (6) make formal recommendations to the council on at least a quarterly basis on how the money in the “arts fund” should be spent. 

Tuesday night’s discussion was focused almost exclusively on buying statues or sculptures to place at various sites around the city. Sure. Fine, Whatever. But you don’t need an Arts Commission for that. All you need is an arts consultant. The reason you need an Arts Commission is for that time when a group of Lehman High School graduates who went away to, say, ballet school, and then returned to Kyle, got together and came up with the idea of trying to establish a ballet company in Kyle. Is that something the city should invest in? Kyle having its own ballet company could conceivably attract visitors to the city if done correctly and it would be up to the Arts Commission to determine if it would be done correctly. Personally, I would love to see the day when a group of citizens got together to form a community theater here in Kyle. Such an endeavor should not be financed solely through the funds recommended by the Arts Commission, but the commission could recommend a proper amount for the city to invest to get the project up and running as well as possible additional funding annually. 

The Arts Commission should also be tasked to working in tandem with Economic Development to develop incentives for developers to commission works of art for their projects. The commission can show how such public/private partnerships can benefit developers by (1) improving employee and tenant working environments; (2) creating a unique look or landmark feature for the project; (3) demonstrating a larger civic commitment; and (4) translating into higher rents and a more desirable office location. And then the commission could also offer recommendations for specific installations.

Another discussion involved whether members of the Arts Commission should be restricted to residents of the city and its ETJ. I would vehemently argue against this. I should think selection process for commission members should give extra weight to local residents, but, when it comes to something like “expertise in the arts,” why limit yourself? Why restrict the ability to have expertise solely on geographical grounds? If there’s another Charles Umlauf anywhere in Central Texas and that person would like to serve on Kyle’s Art Commission, I would definitely welcome that expertise, regardless of where that person called home.

Third random observation: I’m not totally convinced everyone on the City Council completely understands the municipal budgeting process. This thought struck me during the council’s debate on finding the money in the budget for two additional police officers. 

Let me backtrack here for a second. During the last budget workshop, on July 31, Chief of Police Jeff Barnett told the council the city could hire two more police officers and they could be hired without taking money from any other expenditure proposed by the city manager. For instance, he said, during the height of the 2020 COVID pandemic, the state placed a moratorium on requiring motorists to have their vehicles pass an annual inspection. As a result, the city could no longer ticket motorists for expired inspection stickers. That moratorium has expired, so the city can commence writing those tickets again, potentially increasing the amount of fines from those tickets that flow into the city’s coffers over what was collected this fiscal year. Additionally, Barnett told the council that more motorists are on the roads again and more motorists translates into more traffic violations which, again, translates into potentially more fines. All in all, Barnett said, the amount of money the city will see in increased revenue from fines during the upcoming fiscal year as compared to the amount collected this year will more than pay for the new officers. Council member Dex Ellisson didn’t like this one bit, saying “This is anticipated revenue, not actual revenue.” What??? The entire city budget – the entire budget of any municipality in Texas that must adopt balanced budgets — is based on anticipated revenue. The budget is 100 percent dependent on expert prognostications of “How much money do we anticipate we will collect this fiscal year in ad valorem taxes, how much do we expect to collect in sales taxes, how much in fines, fees, franchises, etc.” It’s never about how much money does the city currently have in the bank, but how much do we anticipate coming in during the 365 days commencing Oct. 1. A significant inflationary spiral hitting the country could slash local sales tax revenues by as much as a double-digit percentage. Admittedly, I have not heard of any economists predicting a period of widespread inflation in the coming years such as the one that hit us early this century, but, then two years ago I had not heard any medical experts predicting a worldwide pandemic either.

A second thing that seems to be outside the grasp of city council members is when they are talking about budget expenditures, that discussion is not — NOT — about actually spending money. It’s only about setting aside money to be spent sometime in the future. Council members were debating as those budgeting $200,000 for additional police officers actually meant the city was going to spend $200,000 for additional police officers during the upcoming fiscal year. The only way that could conceivably happen is if the additional police officers managed to have somehow graduated from the police academy, be hired by the city, and be on the job by Oct. 1 and, folks, that isn’t possible. So while philosophical discussions about quotas and what’s wrong with quotas might be enlightening and worthwhile (and those arguments were certainly featured and constantly reiterated during Tuesday night’s debate), they have absolutely no bearing or relevance in a budget discussion. Whether the money comes from property taxes, fines, franchise fees, overdue library books, sales taxes — whatever — it all goes into big a stewpot called the General Fund and what the council decided Tuesday night is beginning this fiscal year and continuing until some future council says otherwise, the city is going to set aside the money required each year to pay for four more patrolmen for the Kyle Police Department along with the patrol car and whatever other equipment they may need. And, as long as the patrolmen are currently making what is specified in the current civil service contract, the city anticipates that amount is going to be approximately $200,000 a year. Now, it’s also possible that in upcoming years, when much of their equipment will already be paid for, the cost of those four officers will be somewhat less. That doesn’t mean an adjustment in the $200,000 is required or even necessary; it could simply mean more money will be available in the city’s cash reserves. But that’s probably way more information than anyone needs to know, except, of course, for our representatives on the council. I really wish they knew this.

COVID concerns force council to cancel balloon festival

The City Council emerged from an executive session that came at the end of a nearly five-hour meeting Tuesday night and voted 6-1 to cancel the Labor Day weekend Pie in the Sky festival over concerns surrounding the rising number of COVID-19 cases and hospitalizations in the area.

Council member Ashlee Bradshaw cast the lone dissenting vote.

“Pie in the Sky contracts” were listed as one subject of the executive session under the heading “Pending or contemplated litigation or to seek the advice of the City Attorney.” Thus it must be assumed that not only did the council learn that many vendors and balloon participants were pulling out the festival, but also that the city attorney probably advised the council of potential legal liability in the very real possibility that the festival turned into a COVID super-spreader event.

“With the current situation that is going on in our city and for the safety and well-being of our residents and the city staff and everyone involved, with a heavy heart I want to make the motion and the recommendation that we cancel this year’s Pie in the Sky festival for 2021,” council member Michael Tobias said.

“This is one of the hardest votes I have to take,” said council member Robert Rizo, who seconded Tobias’ motion, “because I really wanted to see us get past the pandemic and see us getting our lives back. For us to be in the situation we are right now is very depressing and very sad.”

A prepared statement from the city, issued today, added: “COVID-19 has impacted nearly every piece of event planning from staffing and volunteers to availability of vendors and supplies. City leadership has also kept a close eye on local COVID-19 cases and hospitalizations and ultimately wanted to avoid contributing to an already strained healthcare system. With the continued increase in active cases in the area, specifically the Delta Variant, the city anticipates these challenges will only continue and become increasingly more difficult. Refunds will be issued to all vendors and ticket purchasers.”

How the city council voted Tuesday

 Consent Agenda

Item 11: Approve the conveyance of a municipal utility easement to the city from Plum Creek Development Partners, Ltd. for the Heroes Memorial Park.
Item 12: Approve the conveyance of a drainage easement to the city from Mountain Plum, LTD. for the Heroes Memorial Park.
Item 13: Approve the conveyance of a temporary construction easement to the city from Plum Creek Development Partners, LTD. for the Heroes Memorial Park.
Item 14: Approval of a temporary construction license agreement to the city and Stoddard Construction Company, Inc. from PC Operating Partners, LTD. for the La Verde Park project.
Item 15: Approve conveyance of a permanent 15-foot electrical easement and approve an underground agreement to Pedernales Electrical Cooperative (PEC) to provide electrical power to the wastewater treatment plant headworks.
Item 16: Approve amendment No. 1 to task order No. 6 to LJA Engineering, Inc., Austin, in the amount of $130,134.09 increasing the total contract amount not to exceed $206,473.09 for the Anthem to Kohlers Crossing waterline connection project.
Item 17: Approval of change order No. 2 to N.G. Painting, LP, Kerrville, in an additional amount of $3,200 increasing the total contract amount not to exceed $395,200 for the purpose of providing additional work for well No. 4 elevated storage tank located on Kohlers Crossing. (Editor’s note: The change involves removing the existing logo and replacing it with updated "La Verde" logo, along with installing the same additional logo on opposite side of the tank..)
Item 18: Approval of change order No. 3, to Archer Western Construction, LLC, Irving, in an additional amount not to exceed $3,676,597 increasing the total contract amount not to exceed $34,014,667 for the purpose of constructing a sludge dewatering facility at the wastewater treatment plant site. (Editor’s note: According to the city, the construction of a dewatering facility will provide a permanent solution to process solids from the wastewater treatment plant process and eliminate the need for leased dewatering equipment. All solids will be taken off site for final disposal.  Major equipment components will include a three-meter belt press, sludge belt conveyor, pre-engineered metal building, pumps, motors, electrical systems, and HVAC system. This work will add an additional 151 days to the contract and not impact the March 2022 completion date of the wastewater treatment plant expansion.)
Item 19: Approve a resolution to record the annual review of the city's investment policy as required by the Public Funds Investment Act and to document findings that no changes to the policy or to the investment strategies are necessary in the 2021 review.
Item 20: Approve a professional services agreement with P3WORKS, LLC, Austin, to provide public improvement district formation and administration services to the city in association with the Kyle 57 PID.  All costs incurred for services under this agreement will be paid through future PID assessments collected.
Item 21: Sludge handling services agreement with Sheridan Environmental dba Sheridan Clearwater, LLC.
Item 22: Approve change order No. 2 in the sum of $329,334.46 to Smith Contracting Co. Inc., Austin, to address the increased price of 36-inch PVC and 12-inch PVC pipe for the Bunton Creek Interceptor project.
Item 23: Approve and ratify a purchase order to Dianna L. Tinkler, Austin, in the amount of $16,012.90 for providing acquisition services for the Bunton Creek Interceptor project.
Item 24: A resolution of the city council accepting the 6 Creeks Boulevard, phase 1, section 3 (right of way only) 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.
Approved 7-0

Budget ordinances

Item 28: (First Reading)  Approve an ordinance adopting a budget totaling $172.6 million for all city funds for the ensuing fiscal year beginning Oct. 1, and ending Sept. 30, 2022; appropriating revenue and expenditure amounts thereof for all city funds, authorizing a 6 percent increase in water service rates, no changes in wastewater service rates, no changes in storm drainage fees, a 2.51 percent increase in solid waste service charges, all other fees and charges for city services as provided for in the fee schedule, capital improvement program expenditures, addition of 21 new full-time positions for a total of 302 full-time equivalent positions, carryover of encumbrances, all associated schedules and documents, and repealing all ordinances in conflict herewith; and providing for an effective date.
Motion to defund state and federal lobbyists failed 4-3 (Ellison, Flores-Cale, Tobias in the minority); motion to eliminate proposed deputy city manager, change the chief of staff’s position to an assistant city manager and hiring a third assistant city manager approved 7-0; motion to hire two additional police officers funded by a $200,000 adjustment in projected sales tax revenues approved 7-0; move to approve the budget as amended approved 6-1 (Ellison dissenting).

Item 29: (First Reading)  Approve an ordinance fixing the ad valorem tax (property tax) rate for Fiscal Year 2021-22 at $0.5082 per $100 assessed valuation and providing for the levying of ad valorem taxes for use and support of the municipal government of the city for the fiscal year beginning Oct. 1 and ending Sept. 30, 2022; providing for apportioning each levy for specific purposes; and providing when ad valorem taxes shall become due and when same shall become delinquent if not paid.
Approved 7-0

Other proposed changes to city ordinances

Item 25: (First Reading) An ordinance continuing with curfew for minors under 17 years of age per sections 23-23 through 23-30; entitled “Triennial Review;” “Providing for Enforcement;” “Establishing Criminal Penalties;” and “Setting an Effective Date.”
Approved 7-0 (Second reading waived)

Item 27: (First Reading) An ordinance amending the Code of Ordinances sec 2-40. – definitions, Sec.  -43. - “Term of Appointment,” and Sec. 2-45 - “Qualifications;” “Providing Exceptions;” “Providing an Effective Date;” and “Making Such Other Findings and Provisions Related Hereto.” (Editor’s note: This ordinance applies to the terms and the qualifications of board and commission members, basically allowing board members to serve a third two-year term.)
Approved 6-1 (Flores-Cale dissenting)

Item 30: (First Reading) An ordinance to update the city’s building and trades code standards from the 2015 edition to the 2021 edition of the ICC Code, and to update the electric standard from the 2014 edition to the 2020 edition of the National Electric Code, and providing for local amendments to the 2021 International Fire Code.
Approved 7-0 (second reading waived)

Other items for individual consideration

Item 26: Arts Commission update.
No acton taken

Item 31: Developing a “Smart Cities” initiative and creating a city council task force.
Motion to have Mayor Mitchell, Mayor Pro Tem Koch and council member Robert Rizo to meet with Honeywell Building Technologies to discuss that company’s approach to a “Smart Cities” initiative approved 6-1 (Ellison dissenting)

Item 32: Discussion and possible action on implementing a process to create a Human Services Board/Commission to review, advise, and create an equitable and fair process for allocating grant funding to non-profits organizations serving in the Kyle area.
Postponed to next council meeting.

Item 34: Take action on items discussed in executive session.
Motion to cancel this year’s Pie in the Sky Festival approved 6-1 (Bradshaw dissenting).

Council to consider 2.3 percent decrease in property tax rate

The City Council is scheduled to hold public hearings Tuesday to gather citizen input on the city manager’s proposed $172.6 million budget for the upcoming fiscal year along with a recommended 2.3 percent decrease in the city’s property tax rate.

The council is also scheduled to vote on the first readings of the budget and proposed tax rate ordinances later in Tuesday’s meeting.

The ordinances, if finally passed Aug. 25, would lower the ad valorem tax from $.5201 per $100 assessed valuation to $.5082. This is slightly above the $.5065 figure Finance Director Perwez A. Moheet predicted during the July 31 unveiling of the city manager’s budget proposal. Of course, the council could lower the rate even further, but any additional reductions would have to be accompanied by a corresponding reduction in expenditures and since so much of this budget is devoted to infrastructure improvements near and dear to the hearts of council members and their constituents any reductions could be (1) difficult to find and (2) even more difficult to gain majority approval from council members.

The reduced property tax rate also will not translate into lower property tax bills because the Hays Central Appraisal District’s assessed valuations for properties in Kyle were 14.1 percent higher this year than last.

The Hays CISD, which accounts for the biggest chunk of a property owner’s tax bill, has yet to decide on how it plans to adjust its current tax rate of $1.4037 per $100 valuation for the next fiscal year.

Citizens can read the proposed budget, amendments already approved by council to that budget and other supporting budget documents here. The public hearings on the budget are items 5 and 6 on Tuesday’s agenda, which means they should take place shortly after the council convenes at 7 p.m.

How the city council voted Tuesday

Consent Agenda

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

Appointments

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

Zoning

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

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

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

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

Other items for individual consideration

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

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

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

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

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

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