The Kyle Report

The Kyle Report

Sunday, January 31, 2021

Chief Barnett to propose zones to keep out sex offenders

 Kyle Police Chief Jeff Barnett plans to introduce a proposed ordinance Tuesday that would create “child safety zones” in the city to protect children against sex offenders.

“Study shows specifically child molesters are more likely than any other type of offender to be arrested for a sex crime against a child following release from prison,” according to a memo Barnett will present to the City Council at its next meeting. The memo also states one out of every 830 Kyle residents is a registered sex offender, the largest such ratio for any city surveyed except Seguin and New Braunfels. Sixty of the 68 sex offenders living here, according to Barnett, can be classified as a child sex offender.

Under the terms of Barnett’s proposal “It shall be unlawful for a child sex offender to establish a permanent residence, establish a temporary residence or to be a recurring visitor at a residence, located within 1,500 feet of any premises where children commonly gather.” It would also declare it to be “unlawful to let or rent any place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence, temporary residence by any person” known to be a child sex offender if that residence is located “within 1,500 feet of any premises where children commonly gather.”

It also states that on Halloween “A child sex offender shall not … leave an exterior porch light on or otherwise invite trick-or-treaters to the premises.”

Barnett said his staff researched similar ordinances in other Central Texas cities and that his proposed ordinance was largely copied from one in effect in Cedar Park with language also added from a Pflugerville law.

The chief wants the City Council to go on the record in saying “repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the health, safety and welfare of children. Sexual offenders are extremely likely to use physical violence and to repeat their offense and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.”

He also maintained his proposed ordinance serves “the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences.”

Barnett said his department’s research shows that out of the 12 Central Texas cities surveyed, Kyle is one of four that doesn’t currently have any form of a ordinance designed to protect children from registered sex offenders. The other three are Seguin, New Braunfels and San Marcos. In addition to the aforementioned Pflugerville and Cedar Park, where Barnett lifted language for his proposal, the other cities the Police Department surveyed with ordinances are Leander, West Lake Hills, Cibolo, League City, Giddings and Fate.


Saturday, January 30, 2021

Hey Hays County! It’s so much easier to be competent!

Hays County’s Friday Covid-19 vaccine registration was a blatant — one could easily argue criminally negligent — display of bureaucratic ineptitude. It was so badly botched that I had to wonder whether Hays County officials sat around in a room somewhere the week before and discussed ways to make it as incompetent as possible before settling on the plan they unleashed at noon Friday.


I know. I know. I’m supposed to concentrating here on Kyle’s municipal government, but the City is complicit in this negligence because it actually promoted it on its own Facebook site.

For those who are not aware, Hays County announced those eligible for a vaccine could sign up for one, either via computer or by calling a special telephone number, beginning at noon Friday. But instead of conducting an orderly registration process, which is what should have happened, they ran it like one of those old radio shows where the announcer says “And the fifth caller will receive the grand prize of …”

However, instead of the grand prize being a dinner for two at the local Italian restaurant, Hays County was dishing out vaccines that could save your life. And that’s not something to play around with.

So, what happened was, 30 minutes after the Hays-County sponsored game of Russian Roulette began, it ended. “So sorry,” the county said. “We have our winners. No more calls please.”

Look. Handling something like this should be oh so easy. You set up a system that’s always open, an on-line site and/or a telephone number to call, where residents can enter their names, physical and e-mail addresses, birth dates, methods to check off any medical conditions they may have, preferences for the weekday and/or time of day they would prefer to receive the vaccine, and other contact information. Once that’s entered, the resident should receive, either by return e-mail or telephone call, the acknowledgment that they are now registered in the county’s database and what their current position is on the wait-list (and also allow these registrants to periodically return to the same on-line database to get updated information on their wait-list positions). Then, as vaccines become available, these persons are scheduled and are notified of their appointment date, time and place. That’s not rocket-science. It’s efficient and it’s orderly.

But it’s more than just efficient and orderly. The pandemic has added an extra layer of stress on the lives of many residents. Additional layers of stress should be avoided, whenever possible. But Hays County’s Friday debacle was overly stressful in too many ways to count. It’s one thing to keep getting a busy signal when you’re trying to be the fifth caller to the radio station, but it’s quite another when your health is at stake. Imagine a group of terrorists trying to break into your house and you only get a busy signal when you call 9-1-1. Hays County’s handling of its vaccine registration was exactly like not being able to access the emergency call center when you need it the most. And that’s what county officials should be ashamed of. And that’s what City officials were complicit with.

And the worst part of it is it would have been so much easier to do it the right way.


Monday, January 25, 2021

“Dialog” seeks to promote understanding

Part of the brilliance, at least to me, of Lawrence Wright’s Pulitzer Prize winning The Looming Tower is that the reader can learn to understand what led to Al Qaeda’s decision to attack America. I, for one, could not agree with that reasoning that motivated the attacks, but I could understand and accept why the terrorists saw these reasons as valid.

That type of understanding is one of the rewards of learning from reading. Writing doesn’t promote understanding, but reading can. The same is true with the spoken word. Talking, especially in these divisive times, does little to nothing to promote acceptance. But listening? Listening comprehensively can reveal the pathway that leads to empathy.

That belief, I’m pretty sure, is a large part of the motivation behind City Council member Dex Ellison’s drive to stage what he calls “A Dialog for Peace and Progress,” a program that will be an integral part of the city’s recognition of February as Black History Month. This will be the second of such forums Ellison has presented and this planned 90-minute program is scheduled for 7 p.m. Feb. 5. It will be hosted from the City Council chambers, and will feature panelists who will participate both in-person and remotely. A mask-wearing, socially distanced audience will be able to attend the forum, but it will also be available for remote viewing on the city’s Facebook page, its You Tube channel and on Spectrum Cable channel 10. One can hope a video of the event will be posted and enshrined on the city’s web page immediately upon the program’s conclusion,

In addition to Ellison, who will serve as the forum’s moderator, other scheduled participants include Mayor Travis Mitchell; Vanessa Westbrook, a member of the Hays Historical Commission; Jonnie Wilson, a community counselor at the Hays Caldwell Women’s Center; Grace Castenada, a third grade teacher at Negley Elementary School; and Aaron Taylor, a recent graduate of Hays High School and currently a student at the University of Texas at Austin. More participants are likely to be added between now and Feb. 5.

“The purpose of the Dialog for Peace and Progress is to see that we are all individuals in a collective community,” Ellison told me last week. “And unless we talk to each other and give each other an opportunity to share how we feel, what our perspectives are that have led us to where we are in our points of life and give that other person that fair shake to do that same thing, all the other things with political rhetoric isn’t going to get us anywhere.”

Ellison’s first Dialog for Peace and Progress took place last year, not coincidentally on June 19, a little more than three weeks after the beginning of the nationwide Black Lives Matters protests stemming from the death of George Floyd. It, too, was scheduled for 90 minutes but turned out to last twice as long. “It clearly showed this was something of interest to our community,” Ellison said.

The idea for the forum, he said, came about as the result of conversations he was having with others in the wake of Floyd’s death. He said he felt progress was made as a result of those talks. Conversations, he realized, “are where we see each other again. That is where people have an understanding.

“So I thought ‘How do I duplicate that to the city?’ So this idea of putting a panel together came to me. I wanted to get a diverse panel last summer and we had a very unique, diverse and insightful panel that really made for a great discussion. And ever since that happened we’ve been asked 'When’s the next one?'. So I knew it was something the community wanted to see more of.”

Ellison said that although Black History Month will be the focus of the next Dialog’s discussion, he hopes it will also be a continuation of the conversations held last Juneteenth.

“It’s designed for folks in our community to hear from members of that community that they were unaware of, perspectives they were unaware of or maybe had not heard before,” he said. “So that in large part what we hope to achieve with this. That is our ultimate goal.”

Ellison said he recognizes the hard-line divisions that exist in the country and attributes much of it to social media and looks at his Dialog for Peace and Progress as an antidote to Facebook, Twitter, etc.

“What I’ve found is when you get people off of social media and when you talk to them face-to-face there’s a more direct conversation, the old-school way of having conversations,” he said. “Then you sell people who will listen. You will see people who will have a conversation that is much more civil when it is in person. The idea of being in person makes it much tougher to be so hard-headed or so staunch in their view whatever those views may be. You can shut people out when you’re on a social media platform, but when it becomes face-to-face there is common ground that can be found most of the time.”

He also said he recognizes that there are those so locked in their beliefs they are not even willing to listen to another point of view.

“You can’t force someone to sit down and listen to you or take the time to watch the forum,” he said. “But the goal of it is that people who are watching in their homes will have a conversation with their families, will have a conversation with their neighbors, with those they go to church with and that’s how it starts. It’s just putting that thought in the minds of people that these are not talking heads from Washington or the media or even from the state capital, but that these are people from right here in this city and that shines a different light on it. It makes it real for people. It shows them that this is not something that’s out there in a different part of the state or the country.

“It’s a gradual process,” the council member told me. “It won’t happen with one or two or three or four Dialogs for Peace and Progress. But I think it’s a step in the right direction to show that when you have a conversation or when you take the opportunity to sit down and take time to listen and have others listen to you that’s how you make progress. That’s the goal and I’m very optimistic about it.”

Friday, January 22, 2021

Kyle has plans, but are they the right ones

 Writing in the latest edition of the Hays Free Press, David Abdel, who, one would hope, should know better since he recently ran for mayor and taught in area public schools, said “It’s time to demand those whom you’ve elected to lead the city articulate a plan” to, among other things, manage the city’s growth. That’s a bad idea on a number of different levels. Long-range planning should be not be political. Long-range planning should not be left to the political whims of “those whom you’ve elected to lead the city,” but to professional planners. Experts trained in the process. But even more than that, it’s a bad idea because such plans already exist and it’s regretful, but a reflection of the problems current facing the city, that someone who recently ran for mayor and is now writing in the local newspaper is clueless about the fact that such plans already exist. In fact, at least three significant such plans exist. There is the plan for Kyle’s immediate future, which you can read here. There’s a long-range plan which you can read here. There’s even a special one covering the city’s transportation needs, which you can read here.

No, the demand should not be for another plan. We already have plenty of plans. What we should be deciding is whether these are indeed the best plans for the city. And, today, I am speaking specifically about that second plan I referenced above — the long-range plan — because (1) that is the plan Abdel seems to be referencing (even if he didn’t know it already existed) and (2) it is time for a major overhaul of that plan.

The fact that an individual doesn’t know that a long-range plan already exists also means that this individual is clueless about the city’s constitution and that such a document is actually mandated by that constitution. Section 10.02 of the City Charter specifically states “The council shall adopt a comprehensive plan” and, more specifically that this plan “shall constitute the master and general plan for the development of the city. The comprehensive plan shall contain the council's policies for growth, development and beautification of the land within the corporate limits and the extraterritorial jurisdiction of the city, or for geographic portions thereof including neighborhood, community or area wide plans.” Not only that, but Section 10.02 mandates that this plan “may be amended at anytime and shall be reviewed and considered for amendment or revision every five years.”

So that is why I bring this up now. Not to criticize those like Abdel who are clueless about the current existence of municipal long-range planning, but to try to galvanize them into realizing they have a voice in that planning and they ought to begin thinking now about how to use those voices. Don’t go demagoguing in the local newspaper about planning, but, instead, offer concrete, sensible suggestions that might just become part of the fabric of those five-year revisions.

For those who don’t know, the revisions work this way. Once every 10 years, the city’s comprehensive plan undergoes a thorough re-evaluation. For all practical purposes, it is completely rewritten. But since this is a long-range planning document and not a political document, that rewrite is wisely not assigned to “those whom you’ve elected to lead the city,” but to an outside group of professional municipal land planners whose hiring is approved by the council following a supposedly rigorous vetting process. Five years after that thorough re-evaluation is adopted, the plan is subjected to a review just to determine if anything needs to be updated and, if it does, those updates are incorporated. Thus the long-range plan becomes a living document that continues to use the present as a foundation to plan for the future.

Here’s what’s important about all that, however. The plan is based on the notion that not only should it not be left to the dictates of “those whom you’ve elected to lead the city,” but, instead, to those who elected those folks to lead the city. You, in other words. This is truly a community document, a citizens’ plan.

At least, it’s supposed to be. The problem has been in Kyle that too few of its citizens participate in the process. Instead, there are too many people who want to shirk the responsibility they have in shaping the future of the city they call home and cast it off to “those whom you’ve elected to lead the city.” Then they are very quick to blame “those whom you’ve elected to lead the city” when that future doesn’t turn out exactly the way they envisioned it.

During the time the planning firm that will be hired to draft the next update of the city’s long-range comprehensive plan, that firm will be hosting workshops designed to get citizen input into the plan. Study the current plan. Think about the changes you believe should be incorporated. Then attend these workshops. Mobilize your homeowner associations and get them involved. If more workshops are needed, demand that more of them be held and, I promise you, if more workshops are warranted they will take place. These planners want your input. They need your input. They depend on your input. If you’re like me, and want the plan to devote a chapter to hike and bike trails, let the planners know that. If you want a plan that makes the city more pedestrian friendly, let them know that. If you desire a city composed of sustainable neighborhoods instead of a city that’s just a collection of different zones, let them know that. To cite just one example, I personally believe it’s not sustainable that here in Kyle we have only two primary major grocery store options and those two options are closer to each other than either of them are to the nearest residence. That’s the result of planning for a city that’s just a collection of zones and not one composed of sustainable neighborhoods. And that’s just one example of why, to do just about anything in Kyle, you need some form of a motorized vehicle to do it. And of course, that form of non-sustainable planning, has produced whatever traffic situations that exist in the city today.

Last week, the City Council voted to delay until the next fiscal year the hiring of a firm that will draft the next major revision of the city’s long-range comprehensive plan. But the process will begin sooner than that. I imagine the council will begin soliciting firms to submit their proposals for handling this assignment no later than late spring or early summer. For those interested in actively taking part in shaping the city’s future, read all the supplemental material, such as this, that will be a part of the council’s agenda related to reshaping the city’s vision and provide timely input to your representative on the council.

Don’t complain. Don’t demand, in the newspapers or anywhere else, others assume what should be your responsibility. This really is a situation in which the future is in your hands.

Wednesday, January 20, 2021

How the City Council voted Tuesday night

 Appointments

Item 4: Appointment by council member Ashlee Bradshaw of Amanda McCullough for a position on City of Kyle Ethics Commission.
Approved 7-0

Consent Agenda

Item 7: Approve a two-year service agreement with Governmentjobs.com, Inc., dba Neogov of El Segundo, Calif., in the amount of $20,181.00 for online employee on-boarding solutions to include EForms for document and workflow management software subscription services.
Item 8: Authorize award and execution of a Purchase Order to T-Mobile in an amount not to exceed $38,879.30 for the purchase of 70 mobile phones for the Kyle Police Department. The devices support the joining of T-Mobile’s “Heroes Connected” program which provides 10 years of free service for all First Responders.
Item 9: Approve a payment in the amount of $207,543 to the Hays County registry of the Court for payment of the Special Commissioner’s Award related to acquisition of property from Alexander Family Trust.
Item 10: Approval of contract in the amount of $15,850 to Parallel, a Brand Agency, for PR Services.
Item 11: (Second Reading) An Ordinance granting Acadian Ambulance Service of Texas, LLC, D/B/A Acadian Ambulance Service, a franchise to provide non-emergency and rollover emergency ambulance services within the boundaries of the City of Kyle, Texas; providing an agreement prescribing conditions, terms, and regulations governing the operation of the non-emergency ambulance services; providing penalties for noncompliance with franchise.
Item 12: Approve Howerton Plum Creek - Site Plan (SD-20-0079) 2.976 acres; 1 commercial lot for property located at 4282 S. FM 1626.
Item 13: Approve Silberberg Phase 2 - Site Plan (SD-20-0086) 2.427 acres; 1 commercial lot for property located at 4210 Benner Road.
Item 14: Plum Creek Phase 1, Section 11G Replat of Lot 1B, Block A (SUB-20-0156) 2.139 acres; 2 commercial lots for property located at 4600 FM 1626.
Approved 7-0

Items for Individual Consideration

Item 15: Owners Representative Consultant Services Contract Between the City of Kyle and AG|CM, Inc. in the amount of $32,292.00 monthly for a period of 22 months. 
Approved 7-0

Item 16: Consider and possible action to amend the Brooks Crossing Development Agreement to accept negotiated language regarding a buffer strip between Brooks Crossing and Plum Creek HOA.
Mayor Mitchell motioned to change the negotiated language to prohibit increasing the percentage of two-story homes in Brooks Crossing and this amended language was approved 6-0.

Item 17: (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of  assigning original zoning to approximately 1.4 acres of land from Agriculture ‘AG’ to Retail Service District ‘RS’ for property located at 101 Sunflower Circle, in Hays County, Texas.
Approved 6-1 (Flores-Cale voting no)

Item 18: (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose  of assigning original zoning to approximately 5.87 acres of land from Agriculture ‘AG’ to Retail Service District ‘RS’ for property located at 1400 E. RR 150, in Hays County, Texas.
Approved 7-0

Item 19: (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, to rezone approximately 19.5 acres of land from Retail Service District ‘RS’ to Multi-Family Residential-3 ‘R-3-3’ for property located at 5492 Kyle Center Drive, in Hays County, Texas.
A motion to keep the public hearing open and postpone consideration of the item until the next council meeting approved 7-0

Item 20: (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of rezoning approximately 57 acres of land from Single Family Residential-2 'R-1-2' (42.3 acres) and Retail Service District 'RS' (15 acres) to Planned Unit District 'PUD' (Single Family Attached 'R-1-A', 54 acres) and (Retail Service District 'RS', 3.3 acres) for property located at 1821 W. RR 150, in Hays County, Texas.
Approved 7-0

Item 21: (Second Reading) An Ordinance of the City of Kyle, Texas annexing 29.792 acres of land, more or less, located in Hays County,  including the abutting streets, roadways, and rights-of-way into the corporate limits of the City, at the request of the property owner; approving a service plan for the annexed area; making findings of fact; providing a severability clause and an effective date; and providing for open meetings and other related matters.
Approved 6-1 (Flores-Cale voting no)

Item 22: Direct staff and possibly a task force to restart the Comprehensive Plan revision process and hiring a firm to assist.
No formal vote taken. Put off consideration until May following initial discussions of the FY2021-22 budget which will take place in April.


Monday, January 18, 2021

That pesky “fajita” business is back

Remember when the City Council tried to change the name of Rebel Road to Fajita Drive? Remember the reasoning behind it? The fajita was invented here, the council argued, and, by gum, the city should celebrate, should honor, should enshrine that glorious distinction, that fact that separates Kyle from all the other cities on this planet. C’mon, folks, that’s bigger than all the pies in the Pie Capital of Texas.

It might be an understatement to say that not everyone in town was supportive of that notion.

But that lack of support for the road renaming is not stopping the council from trying to rebrand Kyle as “the birthplace of the fajita.” OK, it might not be as big a deal as “the birthplace of the blues,” and, truth be told, it might not even be an accurate designation for Kyle, since evidence indicates the fajita was conceived and originally concocted somewhere else. Kyle appears to only be the place where a fajita was sold commercially for the very first time. But that distinction is not about to rein in the ambitions of our city leaders.

To wit: tucked neatly in tomorrow night’s City Council agenda — in the Consent Agenda where it might not be noticed too readily — is Item 10: “Approval of contract in the amount of $15,850 to Parallel, A Brand Agency, for PR Services.” That “PR Services,” for those few not knowledgeable about the lingo, stands for public relations work. And Parallel is a San Antonio-based public relations firm the city apparently has hired “to develop a strategic plan and creative ideas to reposition the City of Kyle as the ‘Birthplace of the Fajita’.” And this $15,850 to Parallel appears to be the second of two payments to the firm.

But that’s not all. The goals also include establishing and launching “the inaugural ‘Fajita Festival’ to take place May 8 and become an annual event” as well as creating “a temporary historical exhibit to showcase the history of the fajita.” I haven’t a clue as to why the exhibit is going to be “temporary” and not permanent. Perhaps it has something to do with the edible nature of the fajita itself.

One more thing: If you have a spare moment, check out Parallel’s web page. It’s really, really red. And not much else.


Wednesday, January 13, 2021

Kyle’s economy considerably stronger than rest of state

 Directly contradicting national and statewide economic indicators in the midst of a global pandemic, Kyle’s economy seems to be stronger than ever.

Mayor Travis Mitchell said today he attributes this fact in large part to Kyle’s proximity to Austin as well as the city’s solid economic foundation and the unprecedented growth in the city’s business sector. Be that as it may, the numbers don’t lie.

While the latest statewide sales tax figures show a revenue decline of 6.3 percent over the same period last year, Kyle’s receipts actually reflect an astounding 19.58 percent increase during that same time.

The state’s economic woes, according to Texas Comptroller Glenn Hegar, can be traced to the under-performing oil and gas sectors because, Hegar said, “well drilling and well completion remain depressed.” But Hegar also added “Receipts from the information sector were also notably down due to the federal ban on sales taxation of internet access service.”

At the same time, the comptroller said, retail trade was the only sector to show any kind of growth. “Increased collections from retail trade reflected continued heightened spending for home improvements in response to the pandemic,” Hegar noted.

Kyle obviously benefits from the fact that its economy is based in large part on retail trade and not on oil, gas or “the information sector.”

Sales tax is the largest source of state funding for the state budget, accounting for 59 percent of all tax collections. In Kyle, however, sales tax revenues account for only 27 percent of collections, according to the FY 2020-21 budget, compared to 30 percent that comes from property taxes.

The Federal Reserve Bank is reporting the nation’s economy is beginning to show signs of improving but “not enough to offset earlier losses, including the 5 percent decline in real GDP at an annual rate in the first quarter, signaling the onset of the 2020 recession.”


Lack of vision still neuters P&Z

 A Planning and Zoning Commission has two distinct functions. One is planning. The second is zoning. Kyle’s Planning and Zoning Commission does an OK job with the zoning function, for the most part. But when it comes to the planning part, the commissioners have blinders on. It’s not only the current group of commissioners who are totally lacking in vision, it seems to come with the territory. In my six-plus-year history with Kyle’s P&Z, it’s been evident that it’s members have only been concerned with the here and now and are incapable of having a vision for the city’s future.

This first became readily apparent more than four years ago when it came time for the mid-term update of the city’s Comprehensive Plan. City Manager Scott Sellers decided he would not waste taxpayer funds to hire outside consultants to draft a proposed revision, but tasked the Planning and Zoning Commission with the responsibility. The city council went along with Sellers’ idea.

However, this task completely bewildered and stumped the P&Z commissioners. It was as if city staff had asked them to walk to the moon. They were incapable of carrying out this assignment. Asking them to update the plan for the city’s future was simply beyond their intellectual capacities. Finally, after much back and forth between a city council demanding the planning and zoning commissioners to actually engage in planning the city’s future and a group of P&Z commissioners who claimed they didn’t know how, an exasperated Mayor Todd Webster finally threw up his hands and said, in effect, “Well, at least come up with revisions to the city’s land-use map.” But even this assignment left the commissioners bewitched, bothered and bewildered. It was at that point I decided it was no longer enough to carp about the inadequacies of P&Z from the sidelines, I should try to be more hands on. So I actually volunteered to join the commission and the city council, some of them admittedly reluctantly, voted to add me as a member. My hope was that, as a disciple of the teachings of Charles Marohn Jr., Andres Duany, Jeff Speck and other visionaries of municipal planning, I could bring those ideas to the planning functions of the commission.

I enjoyed some successes, but they were sublimated by the still narrow-band thinking processes employed by the overwhelming majority of commission members. It became exasperating, to cite just one example, to hear commissioners constantly demanding traffic studies while, at the same time, watching them make decisions that only resulted in increasing traffic – commissioners still stuck in the present without a clue about how to look into the future. The future? To them, that was for the next generation to deal with. They couldn’t be bothered with it. And so, exasperated to the point where it was adversely affecting my health, I resigned from the commission and, at the same time, put this journal into hiatus for a couple of years.

For some reason — looking back on it now, I can only describe that reason as masochistic — I watched the P&Z in action again last night. And it was dismaying to see that, after all these years, nothing has changed. The commissioners are still stuck in the here and now. And they are still controlled by their own prejudices and bigotries that have tarnished so many of their decisions in the past. I guess this is a predictable because those who make the most noise in this city are those who are stuck in the city’s past, people who only look in front of them in order to gaze into their rear view mirrors. This became apparent years ago during the debate on a city manager’s residence. Of course the city was also somewhat culpable in that debacle in that they rolled out the idea at an inopportune moment and failed miserably to communicate the vision behind the idea. But then, as last week’s insurrection in Washington proved, facts mean absolutely nothing to a lynch mob.

I mentioned the name of Charles Marohn Jr. earlier. It’s easy to see these folks on P&Z have probably never heard of Marohn, let alone attended one of his lectures or read any of his essays on sustainable community planning. As a result of this complete lack of vision, the city of Kyle is nothing more than a collection of zones, not a cohesive group of sustainable neighborhoods. There is a small glimmer of hope, however. The possibility of one sustainable neighborhood is on the horizon in what is now being referred to as “Uptown,” an area north of Kohlers Crossing and west of FM 1626. It is not a coincidence that P&Z has had absolutely no role in the planning of Uptown. That vision has largely been the brainchild of forward-thinking individuals like Mayor Travis Mitchell, who, in fact, did become a Marohn disciple shortly after he initially joined the city council, and a vision that has been promulgated by like-minded council members.

Last night, P&Z was considering whether to rezone the vacant property immediately south of the Target-Kohl’s commercial development on Marketplace Boulevard. Their considerations were dismaying, disheartening and downright threatening to Kyle’s future sustainability in too many ways to count. The prospective owner of the property wanted to change the property’s zoning from retail uses to multi-family uses with the idea of locating a uniquely urbanized residential complex there — not only a use recommended by the city’s Comprehensive Plan but one that adheres to the vision of what Marohn refers to as “a strong town.” Some of the commissioners — in fact, most of them — objected because, they said, they wanted a mixed-use development there. This was an idiotic argument not only because, as always, it was an argument for the present and not the future, but it also displayed for all the world to see the blinders that result in “P&Z tunnel vision.” In other words, their only concept of a mixed use development is a single building with retail on the ground floor and, predominantly office space, with perhaps a sprinkling of residential on the upper floors. What they failed to see, because of their complete lack of vision, is that this project offered another form of a mixed-use development — a version of retail only steps away, i.e., just across one narrow street, from the residential. They could not envision it as a whole. So, as a result, if P&Z has its way, the property will remain vacant, an albatross on the city’s tax roles, an additional burden on homeowners in the city, because there is no demand to install any form of retail on that property. Which is simply another example of the paradox that is the Kyle Planning & Zoning Commission. These individuals, who, as I said, are not visionaries, but merely a reflection of the biases of the city as a whole, are prejudiced against apartments and apartment dwellers. The rejection of this application was simply another example of that bigotry. They won’t admit to it. Some of them may not even realize it. But their actions prove this is true. Part of this is because no one on the commission is an apartment dweller. For example, during their all-too-brief and non-sensical discussion on this issue, not one commissioner ever uttered the words “density” or "sustainability." But that, of course, would have required some concept of the word “planning” to commissioners who only consider their responsibility to be “zoning.”

The Kyle Planning & Zoning Commission actually had, within its grasp, the opportunity to create a sustainable neighborhood, a community with residences whose inhabitants had a major grocery store, department stores and a variety of dining options within easy walking distance. But sustainability is a formula for a stronger future, and considering the city's future is still obviously beyond the intellectual capacity of the P&Z. So they blew it. All but one. The commission voted 6-1 against this opportunity for a sustainable neighborhood.

There is hope, however, although it will never come from a reclamation of the planning & zoning commission. It appears beyond salvation, at least in my lifetime. There is the possibility this entire decision has been removed, for all the reasons I have just enumerated, from P&Z’s jurisdiction (even though it is, by statute, only a recommendation body, not a statutory one). The city council is increasingly relying on development agreements for projects such as this and there is the distinct possibility that the city and the developer have already entered into a development agreement that will allow this project to move along as envisioned.

At least, someone is looking at the city’s future.


Sunday, January 10, 2021

Hays CISD cancels Monday’s in-school, virtual classes

 Hays CISD officials announced this evening that all classes — both in-school and virtual — scheduled for Monday have been canceled due to weather concerns.

“Due to the potential for ice and snow remaining on the roads overnight, Hays CISD schools are canceled and offices are closed for Monday,” the district announced in a prepared statement. “To keep all students on the same schedule, virtual learning is also canceled for Monday in Hays CISD.

“Additionally, with area hospital space severely impacted because of the pandemic, we do not want to risk having additional drivers on roads in the morning when road conditions in parts of our area could be dangerous,” the district’s announcement said.


Thursday, January 7, 2021

Council splits over Ethics Commission nominee

 In the overall scheme of things, 13.36 seconds is not that great a period of time. It might not seem like that long an interval. But, think about it this way. Suppose you’re in a classroom where a roll call is being taken — just a roll call to determine who is present and who is absent — and when the teacher calls out one particular name, that person waits 13.36 seconds before responding “here.” Get out a stop watch and time it yourself. In a situation like that, 13.36 seconds seems like an eternity.

In fact, at Tuesday night’s city council meeting, City Secretary Jennifer Horn thought 13.36 seconds was such a long time after she called the name of council member Dex Ellison that she called his name a second time just to make sure he knew it was his time to respond. This 13.36 seconds elapsed during the roll call vote on the nomination of Rebecca Chapa to city’s Ethics Commission, the only vote of nine taken Tuesday that appeared to split the council.

I attempted to learn from Ellison exactly what was going through his mind that those 13.36 seconds, but he seemed reluctant to talk about it, telling me early Wednesday he was tied up at work and then later that he had become sidetracked by the failed insurrection that afternoon at the nation’s capital. He was the only council member who did not respond immediately when his name was called. Council members Yvonne Flores-Cale, Chapa’s sponsor, Michael Tobias and Robert Rizzo immediately voted to approve the nomination after their names were called, just as their colleagues — Mayor Travis Mitchell, Mayor Pro Tem Rick Koch and Ashlee Bradshaw — did when voting not to approve it. Only Ellison hesitated and I thought the readers of this article might be as curious as I about that 13.36 second-hesitation before he ultimately cast what turned out to be the deciding vote to approve. Unfortunately, all we have is what’s on the record from the council’s meeting.

“Rebecca is honest and follows good moral standards,” Flores-Cale said in formally placing her nomination before the council. “Rebecca does an excellent job confronting situations with a cool mind and a soft heart. She is the epitome of what an ethical person should look like.”

Mayor Mitchell said he could not support the nomination in large part because of “her comments that were derogatory toward individual council members.”

“This Ethics Committee, in particular, is supposed to be a group of citizens that do not have that reputation,” Mitchell said, adding that a board member “should not be perceived as someone who is overtly political, but rather someone who could take a dispassionate approach, methodically analyzing all conclusions.”

Council member Tobias said regardless of “whatever has happened with councils in the past, it is time to move forward.”

“I commend you for all the things you’ve done for the community,” Bradshaw said. “Unfortunately, I haven’t seen you in that capacity. I’ve only seen you with what you’ve presented at the meetings and I would like to see someone with a little less bias on the Ethics Committee — someone who is able to reach an objective conclusion on the situations at hand.”

Ellison, at first, seemed to be leaning against approving the nomination. He said he had numerous conversations with the nominee and her family — “I have been in their home” — but then made references to reaching out to Chapa in an attempt “to build bridges that I felt weren’t wanted.” He added he felt she was an involved citizen and if she was being nominated to serve on any other committee, he would readily approve her. “I think the Ethics Commission is different, when you think about what the Ethics Commission is charged with doing” in that it is involved only in judging the actions of city staff members and elected officials.

Mitchell responded to Ellison by saying he did not believe Chapa could be fair in dealing with an ethics complaint filed against certain city council members or someone on the city’s staff. “I think this council’s job is bring someone forward who we believe has demonstrated that very fair, calm demeanor and has the reputation of being very fair, apolitical generally speaking, and not demonstrating they have an axe to grind, in particular toward individual members of council and/or staff.”


Wednesday, January 6, 2021

How the City Council voted Tuesday night

 APPOINTMENTS

  • Item 5: Appoint council member Yvonne Flores-Cale’s nominee, Rebecca Chapa, for position on City of Kyle Ethics Commission.

Approved 4-3 on roll call vote (Koch, Mitchell, Bradshaw voting no)

  • Item 6: Appoint Mayor Travis Mitchell’s nominee, Mike Rubsam, for position on City of Kyle Ethics Commission.

Approved 7-0

  • Item 7: Consider appointing Derrick Turley to the Alliance Regional Water Authority Board of Directors to replace Tracy Scheel.

Approved 7-0

CONSENT AGENDA (Items 9-13)

Council member Robert Rizzo pulled all the items from the consent agenda except Items 10 and 11.

  • Item 10: Authorize award and execution of a Purchase Order to Santex Truck Centers, Ltd.,  in an amount not to exceed $221,190.00 for the purchase of two (2) International 15 Cubic Yard Tandem Axle Dump Trucks through the HGAC Purchasing Cooperative for street construction in Public Works Department.
  • Item 11: Authorize award and execution of a Purchase Order to Santex Truck Centers, Ltd.,  in an amount not to exceed $162,958.00 for the purchase of two (2) International 8 Cubic Yard Single Axle Dump Trucks through the HGAC Purchasing Cooperative for street construction in Public Works Department.

Approved 7-0

ITEMS FOR INDIVIDUAL CONSIDERATION

  • Item 9: A Resolution of the City Council of the City of Kyle, Texas accepting the Sunset Hills, Phase Two 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.

Approved 7-0 after council member Rizzo learned he had confused this item with Item 14.

  • Item 12: Authorize the City Manager to apply for a STEP CMV grant in an amount no greater than $12,000.00 from TXDOT and authorize matching funding from the Police Department’s approved operating budget for FY 2021-2022 in an amount not to exceed $3,500 to fund a STEP Grant Program for one year beginning October 1, 2021 and ending September 30, 2022.

Approved 7-0

  • Item 13: Authorize the City Manager to apply for a STEP Comprehensive grant in an amount no greater than $12,000.00 from TXDOT and authorize matching funding from the Police Department’s approved operating budget for FY 2021-2022 in an amount not to exceed $3,500 to fund a STEP Grant Program for one year beginning October 1, 2021 and ending September 30, 2022.

Approved 7-0

  • Item 14: (First Reading) An Ordinance of the City of Kyle, Texas annexing 29.792 acres of land, more or less, located in Hays County,  including the abutting streets, roadways, and rights-of-way into the corporate limits of the City, at the request of the property owner; approving a service plan for the annexed area; making findings of fact; providing a severability clause and an effective date; and providing for open meetings and other related matters.

Approved 6-1 (Flores-Cale voting no)

  • Item 15: (First Reading) An Ordinance granting Acadian Ambulance Service of Texas, LLC, D/B/A Acadian Ambulance Service, a franchise to provide non-emergency and rollover emergency ambulance services within the boundaries of the City of Kyle, Texas; providing an agreement prescribing conditions, terms, and regulations governing the operation of the non-emergency ambulance services; providing penalties for noncompliance with franchise.

Approved 7-0