August 10, 2022 Hays Free Press

Page 1

AUGUST 10, 2022 KASZ BOARD PRESIDENT RETIRES

RAILHOUSE MARKET DAY DEBUT PAGE 9

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Hays Free Press

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HaysFreePress.com

Vol. 128 • No. 22

Serving Hays County, TX

Ellison case deferred, resigns from council

BY ASHLEY KONTNIER

The recent resignation of Kyle City Council member Dexter “Dex” Ellison comes on the heels of at least one citation. Ellison, whose term was set to expire in November, submitted his resignation July 25, 11 days after he was issued a citation for a violation involving sale of cigarettes or tobacco to a minor. According to municipal court records, the fine is $306 and, last week, the case was deferred for 90 days. In a Kyle Police Department case report dated May 11, Ellison was a named suspect for an offense involving drug/narcotic violations. The charge description is delivery of marijuana less than or equal to

Dex Ellison 1/4-ounce. According to the case report "CBD roll" containing THC that was given to involved party was seized. The report states the case was closed/ cleared July 14 with court referral. Ellison was in his second term as District 1 council member and was up for reelection this year. Prior to serving on council, he served on the

Kyle Planning and Zoning commission. In his resignation letter addressed to Jerry Hendrix and Paige Saenz, effective July 26, Ellison stated, “I want to personally thank you both for your service and dedication to the city I love. “There have been great memories and even greater accomplishments I have seen from the City of Kyle staff. Please share my deepest gratitude and thanks with the staff as I have watched much of this staff work tirelessly since I began getting involved with various city initiatives nearly a decade ago. I want to sincerely thank the City of Kyle team for everything I was taught as a resident, P&Z Commissioner and a servant on the city council. I would not have been

able to make the extremely difficult decisions, get the best out of myself and be there for this wonderful community if it wasn't for your service and teachings as well. There are truly so many amazing people in this organization and I will never forget the conversations and wisdom you all shared with me. “I am extremely confident in this staff and what they will be able to do now and into the future. “I sincerely feel the best way to assist in future efforts is to step away from my position and allow this staff and the remaining council to take on the challenging work and lead to the best of your abilities. “Thank you for this

See ELLISON, page 10

HEROES MEMORIAL PARK POND FILLED

Use of city water questioned BY BRITTANY ANDERSON KYLE — The use of city water to fill a 2.75 million gallon water pond at Heroes Memorial Park (HMP), the first phase of Kyle’s Brick and Mortar District, has raised concerns with residents, given the area’s extreme drought conditions. Acting City Manager Jerry Hendrix said that HMP is designed to be a “fitting tribute” to the contributions and sacrifices of first responders and veterans. Water is a critical element to the functioning and performance of the park; the design centers around several different water features. According to city staff,

the decision to fill the pond was made in May under the direction of City Manager Scott Sellers, who is currently on administrative leave, following discussion to do so. Public works staff was apprised of the decision and directed to fill the pond. The filling began on June 16 and continued for 45 days, ending on Aug. 1. In response to an inquiry from the Hays Free Press, Director of Communications Rachel Sonnier relayed information gathered from several city departments. “In an effort to protect the significant investment the citizens of Kyle had

See WATER, page 10

PLANNING AND ZONING DENIES PERSIMMON DEVELOPMENT

Buda council will decide next steps BY BRITTANY ANDERSON BUDA — The development agreement for a hotly-debated mixeduse development was denied – but that does not necessarily stop it from being built. During the Planning and Zoning meeting on July 26, the commission voted 5-0 to deny the MileStone Community Builders development agreement for the proposed Persimmon development, which would be located off FM 967 on the Bailey and Armbruster tracts of land. Chair Jeffrey Cottrill and commissioner Matthew Wright were not present at the meeting. The decision to deny the agreement received cheers and applause from the audience, as the development has been met with criticism from the community: Increased traffic in already congested areas, removal of trees

and wildlife, and potential impacts to the Edwards Aquifer transition zone the land sits on top of, name a few. Many feel it will threaten the livelihood of Buda’s residents and environment. Persimmon totals 775 acres, with 349 acres being in the Bailey tract and 426 acres being in the Armbruster tract. There are 471 acres within the City of Buda ETJ (extraterritorial jurisdiction) and 302 acres within the City of Austin ETJ. Along with 2,800 single family homes, the development boasts an extensive connective trail network and other outdoor amenities, plus a minimum of 10 acres for retail. MileStone CEO Garrett Martin estimates that home prices will range from the $400s to the low millions, and maintains that 75% of signature trees and 85% of heritage trees would be preserved. Persimmon has been in the works for around five years, since MileStone bought the land through a private acquisition, but was delayed due to transportation-related issues, which they were asked to find solutions. Martin said that the backbone of the proposed $41 million transportation solution is a connection from 967 to 1626, something they have worked on over the last two years. “We expanded dramatically [with] the land ownership,” Martin said. “We bought the Armbruster tract and added that into the development in order to facilitate and enable

a transportation solution for the region.” Martin said that because phases 1 and 2 of the project would help fund the initial parts of phase 3, which includes the connector, completing phase 3 before 1 and 2 is not possible. Upwards of 325 homes could be built before the connector is completed, marking one of the biggest concerns for residents. The July 26 meeting saw over a dozen residents speak during the public hearing portion on the item. This sort of public response isn’t new: many have come forward during both planning and zoning and city council meetings to express their disapproval of the project. “In looking at the presentation, it’s evident that they have addressed greatly the quality of life for the people who will be living in there,” resident Robert Hesselbrock said. “My question is, at what cost to the quality of life of the adjacent communities?” P&Z Vice Chairman Emily Jones, who has 25 years of experience in the construction development industry, said that this is one of the largest residential developments that Buda has seen and must be approached with “great care and attention.” Jones said that this version of the agreement was submitted on July 20, giving development services staff about four to five working days to review the agreement before the meeting if they spent “every hour working on it.” “My personal and professional opinion…is to put together a package

LWV PREPARES FOR UPCOMING ELECTION – PAGE 8

COURTESY OF MILESTONE/CITY OF BUDA

An overview of Persimmon, divided into the Armbruster Tract (left side) and Bailey Tract (right side). The development is also in different extraterritorial jurisdictions (Buda/Austin) and counties (Hays/Travis). that minimizes questions and objections as much as humanly possible,” Jones said. “A complete package should be hard to poke holes in, should be easy for everyone to follow the bouncing ball, and creates a sense of confidence in everybody that’s looking at it. This is not that scenario…There are parts that are incomplete, and it feels very pushed.” Jones also noted that staff’s feedback said some

parts of the agreement were not clear or incomplete, and that many were left with questions that required more time to review and be answered. Martin, however, said that this project brings “unequivocally more benefits than any other subdivision could be required to bring,” saying that it is a result of great give and take that's taken place over the years. MileStone says they are

The Hays Free Press Barton Publications, Inc. The Hays Free Press (USPS 361-430) published weekly by Barton Publications, Inc., P.O. Box 339, Buda, TX 78610. Periodicals postage paid at Buda, TX 78610 and additional mailing offices. POSTMASTER: Send address changes to Barton Publications, Inc., P.O. Box 339, Buda, TX 78610. ISSN#1087-9323

proactively going “much further than they are required” to ensure a project that benefits both the broader community and future residents. “It’s a cornerstone of everything that’s asked for in the code from Buda and beyond,” Martin said. “A lot of the things you’ve heard tonight that are concerns have actually already been addressed, but because

See COUNCIL, page 10


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