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.

Kyle names new assistant city manager

Rollingwood is only a tad more than 20 miles north of Kyle, but the two cities could hardly be more different from each other. Rollingwood, located on the west side of Mopac across from Zilker Park in Austin, is a tiny hamlet for the well-to-do. It has one commercial corridor, Bee Caves Road, than runs along its southern edge, but, for the most part, Rollingwood is a tree-canopied community of multi-million-dollar single-family residences. The city has a population of 1,532 and its median home valuation is $2.2 million.

The city of Rollingwood recently completed the final draft of its first-ever Comprehensive Plan. Thom Farrell, the chair of the committee that drafted the plan, said the committee was driven by the mandate from citizens who said “We do not want high-rise buildings and we do not want apartments in Rollingwood.”

Rollingwood has a city administrator form of government in which the city council, consisting of five elected council members plus a mayor, is the city’s governing body. It recently had three open spots on its city council, but instead of having three different council races, it had one, drawing six candidates and the top three finishers won the open seats.

But those three new council members are not the only major leadership changes rocking Rollingwood.

It’s mayor, Michael Dyson, recently announced he was resigning his position effective the end of this month, saying, according the Community Impact newspaper, “his increasingly demanding professional life compromises his ability to serve the city the way it needs.”

And today it was announced that Amber Lewis, Rollingwood’s city administrator, that city’s equivalent to our city manager, is leaving to become the third assistant city manager here in Kyle, effective Dec. 6.

Amber Lewis

Lewis became Rollingwood’s city administrator in 2017. Prior to that, she served as assistant city administrator in the City of Liberty Hill, Texas; executive director for the City of Holdrege, Neb., Housing Authority and Holdrege Development Corporation; and as the assistant city manager for the City of Kearney, Neb. She has experience as a grant writer, a city planner and a finance director. Not only that, her husband, Brenton, is the city manager of Woodcreek, located just north of Wimberley, here in Hays County.

“We are honored to bring someone with as much experience as Amber to the City of Kyle,” Kyle City Manager Scott Sellers said today in a prepared statement. “She went through a rigorous recruitment process that drew qualified candidates from across the country, but Lewis’ experience and passion for local government made her an exceptional candidate to serve the community.”

Originally from Nebraska, Lewis holds a Bachelor of Science in political science and public administration from the University of Nebraska at Kearney and a master’s degree in public administration from the University of Nebraska at Omaha. She is an active member of the International City/County Management Association, the Texas City Management Association, and the Central Texas Chapter of Women Leading Government where she is currently serving as past president.

“The City of Kyle has incredible potential, growth, and remarkable opportunity,” Lewis said. “I am looking forward to serving the residents of Kyle and working together with the council and staff to build toward Kyle’s progress and long-term vision for success.”

Sellers said her job responsibilities here will include overseeing “community development, infrastructure and capital improvement projects, business growth and economic development.”

How redistricting will affect Kyle

Currently, Kyle is represented by Democrat Lloyd Doggett in the U.S. House of Representatives, Republican Donna Campbell in the Texas Senate and Democrat Erin Zwiener in the Texas House of Representatives. Two years from today, two of those names will be different and all three will be Democrats. It is also extremely possible that Kyle’s representative in the state senate will be from Laredo, 222 miles from Kyle. That, in summation, is the result of the newly redistricted congressional and legislative maps.

It initially appeared as though all three names would change as the initial map carved Zweiner’s home in Driftwood out of what was the once-battleground 45th District and placed it in the safely Republican 73rd. However, an amendment to the map was introduced that moved her back into District 45 and it passed easily. Shortly after that, Zweiner announced she would seek re-election in the district, which President Biden won by 7.1 percentage points over Donald Trump. Biden, however, would have won newly redistricted House District 45 by a far more comfortable margin of 19 points. Zweiner’s old district was 62 percent White and 32 percent Hispanic. The new District 45 will be 55 percent White and 38 percent Hispanic and will no longer include the cities of Wimberley, Dripping Springs and Johnson City.

Although Doggett could easily win re-election to the 35th Congressional District he currently represents — a district that is even more solidly safe for a Democrat than it was before — he has decided to run for the new district that was created for the city of Austin. And even though minorities in general and Hispanics in particular comprised the greatest number of new voters in Central Texas, the 35th District, as redrawn, has gone from one that had been 53 percent Hispanic to one that is now 48 percent Hispanic. It remains, however, a minority/majority district as only 34 percent of the registered voters in the district are White. The congressional district went for Biden last year by a whopping 37.1 percentage points (67.6 percent for Biden, 30.5 percent for Trump). If that election had been held with the new map in place the results would have been even more one-sided — 71.5 percent for Biden, 26.4 percent for Trump. So it seems safe to predict that Texas Congressional District 35 will remain in the hands of a Democrat. The question is who? 

Austin City Council Member Greg Casar says he has formed an exploratory committee to inform his next steps and state Reps. Eddie Rodriguez, D-Austin, and Trey Martinez Fischer, D-San Antonio, say they also are mulling runs for the position. 

“We can win better jobs, a clean planet, and an end to the Republicans’ discriminatory laws,” Casar, who has served on the Austin City Council since 2015, said in a statement. “We can make the world a better place if we fight for it. If we organize for it. That’s why I’m considering running for Congress — to fight for working class and everyday Texans.” 

Rodriguez, who was first elected to the Texas House in 2002, said he is “very seriously considering” running for the seat, one he believes should be represented by a Latino or Latina. “I'm taking a hard look at it,” Rodriguez said. “It's an opportunity that doesn't come up very often.”

The newly redrawn 35th Congressional District covers much of East Austin and stretches south along Interstate 35 to incorporate the eastern edges of Hays and Comal counties and a large portion of San Antonio. Doggett has represented the district since it was created in 2011. A late change to the proposed district drew Martinez Fischer's San Antonio residence within the boundaries of the 35th District. Sen. Joan Huffman, R-Houston and the architect of the new map, said the change was made at Martinez Fischer's request.

The new Senate District 21

But the biggest change for Kyle will be its representation in the state senate. Formerly, Kyle was in Senate District 25 that extended west from the city. That district was 62 percent White, 29 percent Hispanic and 5 percent Black. Trump carried it by 8.2 percentage points in 2020, 53.3 percent to 45.1 percent for Biden. After redistricting, Kyle will be part of Senate District 21 that extends south from the city — way, way, south — all the way to the Lower Rio Grande Valley. The demographics of this new district will be, for all practical purposes, a mirror opposite of the old one — 61 percent Hispanic, 32 percent White. Biden would have carried this district comfortably with 57.7 percent of the vote as compared to 40.7 for Trump, a Biden victory margin of 17 percentage points. That’s a shift of 25.2 percentage points in favor of Democrats, which should signal Republican Campbell will be replaced as Kyle’s representative in the state senate by a Democrat. Again the question is who and, possibly even more problematic for Kyle, will it be someone with even a passing knowledge of the city’s wants and needs at the state level. The district is currently represented by Rep. Judith Zaffirini, D-Laredo. She has yet to announce whether she plans to seek re-election to an 11th term next year. She is the first Hispanic woman elected to the Texas Senate, the second highest-ranking senator, and the highest-ranking woman and Hispanic senator. She has passed more bills than any other legislator in the history of the State of Texas.

There’s also the question of just how long Democrats will control this newly redrawn Senate District 21. According to a scorecard developed by the Texas Tribune, the most conservative Democrats in the Texas Senate and House are located in San Antonio and south of the Alamo City. In addition, Texas’s Hispanic population, particularly those Hispanics in southern parts of the state, are rapidly migrating to the Republican Party.

City council election results from major precincts

Precinct 125 (Kensington Trails, turnout: 4.43 percent)

1. Koch 26.36 percent
2. Parsley 25.45 percent
3. Kaufman 20.91 percent
4. None of the candidates 18.18 percent
5. Willis 9.09 percent

Precinct 126 (Waterleaf, turnout 5.85 percent)

1. Koch 29.69 percent
2. Parsley 23.96 percent
3. Kaufman 23.44 percent
4. Willis 12.5 percent
5. None of the candidates 10.42 percent

Precinct 127 (Bunton Creek, turnout 4.43 percent)

1. Koch 34 percent
2. Parsley 24 percent
3. Kaufman 18 percent
4. Willis 18 percent
5. None of the candidates 6 percent

Precinct 128 (Post Oak, turnout 5.64 percent)

1. Koch 43.24 percent
2. Kaufman 17.57 percent
3. Parsley 14.86 percent
4. Willis 12.16 percent
5. None of the candidates 12.16 percent

Precinct 129 (Amberwood, turnout 4.99 percent)

1. Kaufman 25 percent
2. Koch 23.44 percent
3. Parsley 23.44 percent
4. None of the candidates 20.31 percent
5. Willis 7.81 percent

Precinct 130 (Steeplechase, turnout 6.18 percent)

1. Koch 28.79 percent
2. Parsley 20.71 percent
3. Kaufman 17.68 percent
4. Willis 17.1 percent
5. None of the candidates 16.16 percent

Precinct 220 (Plum Creek, turnout 13.39 percent)

1. Koch 39.27 percent
2. Parsley 31.95 percent
3. Kaufman 21.95 percent
4. None of the candidates 4.63 percent
5. Willis 2.2 percent

Precinct 221 (Plum Creek/Spring Branch, turnout 7.47 percent)

1. Koch 34.6 percent
2. Kaufman 28.91 percent
3. Parsley 26.07 percent
4. None of the candidates 6.64 percent
5. Willis 3.79 percent

Precinct 223 (Silverado/Old Town, turnout 7.4 percent)

1. Parsley 27.18 percent
2. Koch 24.76 percent
3. Kaufman 21.84 percent
4. Willis 16.02 percent
5. None of the candidates 10.19 percent

Precinct 419 (Hometown Kyle, turnout 9.72 percent)

1. Koch 35.32 percent
2. Parsley 29.36 percent
3. Kaufman 14.68 percent
4. Willis 12.84 percent
5. None of the candidates 7.8 percent

Precinct 420 (Blanco River Crossing, turnout 21.9 percent)

1. Willis 54.55 percent
2. Koch 27.27 percent
3. Kaufman 9.09 percent
4. None of the candidates 6.06 percent
5. Parsley 3.03 percent

Four more roundabouts planned for Kyle’s east side

The city has negotiated a road extension contract that will ultimately result in four additional roundabouts on the city’s east side.

The contract would extend Lehman Road north from its present terminus at Bunton Creek and then west so it would ultimately connect to Dacy Lane at the intersection of Seton Parkway. It would also involve extending Kyle Parkway east to that extended Lehman Road.

The plan calls for roundabouts at the intersections of Kyle Parkway and Dacy Lane, Lehman and Bunton Creek, Lehman and Kyle Parkway and Lehman and Dacy Lane.

Voters consider city council (a) irrelevant, (b) incompetent, (c) both

Admittedly, odd-numbered-year elections don’t attract that many voters. Over the last 20 years, the average statewide turnout in odd-year elections (those elections without a candidate seeking a U.S. House or Senate seat on the ballot) is just a little over 9 percent of registered voters. Compare that to a presidential election which attracts more than 60 percent.

So perhaps it should come as no surprise when the official canvass of the Nov. 2 election revealed only 7.36 percent of Kyle’s registered voters took the time to vote, even though that was still 2 percent below the statewide turnout. But it was also markedly lower than was registered by our neighbors to the south (San Marcos’s turnout was 9.92 percent) and the north (Buda’s was a comparatively robust 13.65 percent).

But Kyle’s numbers become even more alarming when you examine them more closely.

In the citywide District 5 city council contest, incumbent Mayor Pro Temp finished first, receiving the support 32.6 percent of those who voted. Daniela C. Parsley finished second with 24.8 percent, Leah Kaufman was third with 20.6 percent, Donny J. Willis was fourth with 12 percent and (wait for it!), None of the Above finished fifth with 10 per cent.

That’s right! One out of every 10 voters said “A pox on all your houses. None of these four candidates has earned the right to receive a vote from me.” Were those voters saying (a) “I’m only interested in voting for the constitutional amendments and I don’t give a damn who wins the city council race” or (b) “Not one of these four candidates has done a damn thing to earn my vote”?

No exit polls were conducted at any of the 10 voting precincts that participated in the Kyle City Council election, but it really doesn’t matter. Either answer, when added to the dismal turnout among Kyle voters compared to our neighbors to the north and south, demonstrates just how irrelevant or incompetent (perhaps both) voters view the council.

The story doesn’t get any better (it could even be successfully argued it gets worse) when you look at the District 6 race in which incumbent Michael Tobias received 75.5 percent of those who cast ballots in the district. That may look like an overwhelming mandate except for one fact: He was unopposed! That means one in every four District 6 voters said basically the same thing, either “I don’t care about the city council race” or “I’m not that fond of Tobias.” Of course, many of those candidates could have skipped the race thinking “He’s the only candidate in the race, why should I waste my time voting for him since he’s obviously going to win anyway.” But, if that was the motivation, those voters were still considering taking a mere millisecond to vote for someone for the Kyle City Council “a waste of my time.”

And there’s one more piece of evidence that illustrates the “I-could-care-less” attitude of District 6 voters: Only 5.25 percent of the district’s registered voters even bothered to take the time to cast a ballot. That’s more than 2 percentage points lower than the city’s pathetic overall showing.

The message is clear: Residents care about what the city staff does. They want navigable streets, safe neighborhoods, decent and convenient shopping/restaurant options, park/recreational facilities and a safe/economical/reliable water supply (not necessarily in that order of importance). But they don’t care one iota about what the city council does or, for that matter, who even sits in the council. I’ve heard that message and The Kyle Report’s coverage of city government will follow those dictates.

Name that school

 The Hays Consolidated Independent School District School Naming Committee is asking district residents, taxpayers, or service providers to submit possible names between now and noon Nov. 29 for the district’s 15th elementary school, scheduled to open next August in Buda’s Sunfield subdivision. Nominations can be submitted by clicking here.

“New schools in Hays CISD can be named for historical or geographical sites or communities; subdivisions; significant local, state, or national figures (living or deceased); people who have made significant contributions to education in the district (living or deceased); local, state, or national historical events or places; or people who have donated land or money for the property or facility,” the district said in a statement released today.

Sometime after the nomination process closes on the 29th, “the naming committee will meet to begin narrowing name options,” according to today’s announcement from the district. “The committee could suggest a name, or slate of possible names, to the board of trustees as early as December. The board could then choose a final name for the school in January 2022.”

The district added the following criteria for submitting nominations:

• Nominations must be in good taste, and not generally considered offensive, silly, or embarrassing.
• If the nominated name is an historical or geographic site, the name submitted must be accompanied by a written summary and/or a description of the significance of the name.
• If the nominated name is an individual, the name submitted must be accompanied by a written rationale and/or description of the named person's accomplishments. 

Each name nominated must fulfill the following criteria, according to the district:

• The nominee shall be widely respected, regardless of any partisan affiliation.
• The nominee shall be a person of character who embodies a wholesome image that would be expected to stand the test of time.
• The nominee shall have a background of service to people of the district, Texas, or the United States.

Koch, Parsley headed for council runoff

In an election that featured a dismally low turnout — less than 5 percent of Kyle’s registered voters — challenger Daniela C. Parsley forced incumbent Mayor Pro Tem Rick Koch into a Dec. 7 runoff Tuesday night in the race for City Council District 5.

Koch finished with 99 more votes than Parsley in an election in which only 1,302 persons voted. That’s 4.98 percent of the registered voters in Kyle and only 8.4 percent of the total number of voters who cast ballots in last year’s city council election.

The final tally showed Koch leading with 463 votes, or 35.56 percent of the total votes cast. Parsley had 364 votes, or 27.96 percent. Leah Kaufman finished third with 290 votes (22.27 percent) and Donny Willis was fourth in the four-candidate race with 185 votes (14.21 percent).

Last year, which admittedly featured a presidential race at the top of the ballot, saw 15,473 votes cast ballots in a city-wide council race.

Koch has slim lead in early voting, appears headed for runoff

Mayor Pro Tem Rick Koch, seeking his second three-year term on the Kyle City Council, is slightly ahead of Daniela Parsley in the four-candidate council election race following the tabulations of the early and absentee voting, but is falling significantly short of a majority.

Koch leads Parsley by a scant 34 votes. Koch collected 34.17 percent of the 720 early ballots cast. Parsley has 28.75 percent, Leah Kaufmann is third with 21.81 percent and Donny Willis is currently in fourth place with 15.28 percent.

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.