Title
Consider minutes of Regular City Council meeting of September 22, 2015.
Summary
City of Killeen
Regular City Council Meeting
Killeen City Hall
September 22, 2015 at 5:00 p.m.
Presiding: Mayor Scott Cosper
Attending: Mayor Pro-Tem Jose Segarra, Council members Jim Kilpatrick, Juan Rivera, Shirley Fleming, Brockley Moore, Jonathan Okray, and Elizabeth Blackstone
Also attending were City Manager Glenn Morrison, City Attorney Kathryn Davis, City Secretary Dianna Barker, and Sergeant-at-Arms McDaniel.
Pastor Guajardo gave the invocation, and Councilmember Kilpatrick led everyone in the pledge of allegiance.
Approval of Agenda
Motion was made by Mayor Pro-Tem Segarra to approve the agenda withdrawing PH-15-041. Motion seconded by Councilmember Blackstone. The motion carried unanimously.
Citizens Petitions
CP-15-005 JoAnn Purser (6503 Wells Fargo Road) - Name Changes to Streets.
Mrs. Purser would like for Council to consider studying the Stagecoach Rd area where it turns into Mountain Lion Rd and consider changing the name(s) to make it more clear to new comers and visitors. Mrs. Purser would also like the Council to study the E. Trimmier and Trimmier Road street names. Mrs. Purser also suggested directional signs for Chance Drive.
Minutes
Motion was made by Councilmember Kilpatrick to approve the minutes of the September 8th Regular City Council Meeting. Motion was seconded by Councilmember Rivera. Motion carried unanimously.
Resolutions
RS-15-060 Consider a memorandum/resolution rejecting Bid No. 15-24 Taxiway and Landside Improvements.
Staff comments: Matthew Van Valkenburg
Only one bid was received. The bid was submitted by APAC-Texas, Inc. of Round Rock, Texas, for the base bid and alternates 1 and 2. Following consultation with the FAA and Jacobs Engineering, it was determined this bid should be rejected due to bid being much higher than Engineer had estimated.
Staff recommends the bid from APAC-Texas, Inc. in the amount of $3,320,925.80, for the base bid and alternatives 1 and 2, be rejected.
Motion was made by Mayor Pro-Tem Segarra to approve RS-060. Motion was seconded by Councilmember Moore. Motion carried unanimously.
RS-15-061 Consider a memorandum/resolution accepting a Texas Department of Transportation Routine Airport Maintenance Program (RAMP) Grant for Skylark Field.
Staff comments: Matthew Van Valkenburg
This grant will be used to match an equal amount of airport enterprise fund and airport capital improvement fund money to provide $20,000 of airport maintenance expenses and minor capital improvements at Skylark Field.
Staff recommends the City Council accept the TxDOT Routine Airport Maintenance Program grant, TxDOT Project No. M1609KILE, in the amount of $10,000, adopt all assurances, statements, representations, covenants, and agreements incorporated into this grant agreement, and authorize the City Manager to execute the agreement as accepted by the City. The City Manager is expressly authorized to execute any and all amendments to the grant within the amounts set by state and local law.
Motion was made by Councilmember Fleming to approve RS-061. Motion was seconded by Councilmember Rivera. Motion carried unanimously.
RS-15-062 Consider a memorandum/resolution accepting a Texas Department of Transportation Routine Airport Maintenance Program (RAMP) Grant for Killeen-Fort Hood Regional Airport.
Staff comments: Matthew Van Valkenburg
This grant will be used to match an equal amount of airport enterprise fund money to provide $100,000 worth of airport maintenance at Killeen-Fort Hood Regional Airport. Staff recommends the City Council accept the TxDOT Routine Airport Maintenance Program grant, TxDOT Project No. M1609FHOO, in the amount of $50,000, adopt all assurances, statements, representations, covenants, and agreements incorporated into this grant agreement, and authorize the City Manager to execute the agreement as accepted by the City. The City Manager is expressly authorized to execute any and all amendments to the grant within the amounts set by state and local law.
Motion was made by Councilmember Blackstone to approve RS-062. Motion was seconded by Councilmember Fleming. Motion carried unanimously.
RS-15-063 Consider a memorandum/resolution awarding Bid No. 15-26 to Zip Cleaners for Uniform Cleaning Services.
Staff comments: Karlene Jessie
Only two (2) bids were received at the close of the bidding process, Zip Cleaners and Bright Cleaners. The City staff recommends that the City Manager be authorized to execute a contract for uniform cleaning services for the Municipal Court, Code Enforcement, Fire and Police Departments through Zip Cleaners, and that the City Manager or the designated representative is expressly authorized to execute any and all change orders within the amounts set by state and local law.
Motion was made by Councilmember Kilpatrick to approve RS-063. Motion was seconded by Councilmember Moore. Motion carried unanimously.
RS-15-064 Consider a memorandum/resolution rescheduling the regular City Council meeting of October 13, 2015.
Staff comments: Glenn Morrison
The second Tuesday of October falls during the national Association of the United States Army meeting. Due to a lack of a quorum, it is requested that the first regular City Council meeting of October be held on Tuesday, October 20, 2015.
Motion was made by Councilmember Blackstone to approve RS-064. Motion was seconded by Councilmember Rivera. Motion carried unanimously.
RS-15-065 Consider a memorandum/resolution approving a lease renewal for office space at 207 and 209 W. Avenue D.
Staff comments: Karlene Jessie
For the past several years the city has leased these properties to house various divisions and functions. The owner has agreed to maintain the monthly lease payments at $3,000.00 per month for the upcoming term.
Staff recommends the City Council authorize the City Manager to execute a one-year lease for 207 (Suites A and B) and 209 W. Avenue D, beginning October 1, 2015.
Motion was made by Councilmember Rivera to approve RS-065. Motion was seconded by Councilmember Kilpatrick. Motion carried unanimously.
RS-15-066 Consider a memorandum/resolution approving the investment report for the quarter ended June 30, 2015.
Staff comments: Jonathan Locke
Susan Anderson, Valley View Consulting, briefly went over the investment report.
Staff recommends that the City Council approve the attached investment report for the quarter that ended June 30, 2015.
Motion was made by Councilmember Rivera to approve RS-066. Motion was seconded by Councilmember Blackstone. Motion carried unanimously.
RS-15-067 Consider a memorandum/resolution approving the revised City of Killeen Investment Policy.
Staff comments: Susan Anderson, Valley View Consulting
The Investment Committee met and reviewed investment policy adjustments suggested by the City’s Investment Advisor, Valley View Consulting. The primary adjustment needed is in response to a legislative change to the Texas Public Funds Investment Act.
Staff recommends approval of the revised City of Killeen Investment Policy.
Motion was made by Councilmember Kilpatrick to approve RS-067. Motion was seconded by Councilmember Moore. Motion carried unanimously.
RS-15-068 Consider a memorandum/resolution appointing members to various boards, commissions, and commissions’ sub-committees.
Staff comments: Kathy Davis
The City of Killeen makes annual appointments to boards, commissions, and committees in September of each year and throughout the year as vacancies occur. It is recommended that the City Council appoint the New Member individuals listed on the resolution to fill vacancies and expired terms.
Additional changes to the list not reflected are:
Arts Commission - Jonathan Packer resigned. Councilmember Blackstone recommended appointing John Miller.
BOA zoning - Barbara Taylor move into permanent position leaving the alternate seat vacant. Councilmember Fleming recommended Monika Spillman fill the alternate seat. Ronald Blackman should be on the list but was mistakenly removed and would like to be reappointed.
Comm Dev Adv Comm - It was previously understood that Ashley Whitworth was no longer interested in serving but still is and would like to be reappointed. Councilmember Blackstone recommended reappointing Ashley Whitworth.
KVI - Larry Holly was moved from a Citizen Rep position to the Vol Corp Co-chairman. That now leaves the citizen rep seat vacant.
P&Z - James Butler is not interested in serving any longer. Councilmember Kilpatrick recommended appointing Peter Beronio to Mr. Butler’s seat.
Mrs. Davis read the entire list of recommended appointees.
Motion was made by Councilmember Kilpatrick to approve RS-068 appointing all names read by the city attorney to their respective positions. Motion was seconded by Mayor Pro-Tem Segarra. Motion carried unanimously.
RS-15-069 Consider a memorandum/resolution appointing Council Members to various boards, commissions, and commissions’ sub-committees.
Staff comments: Kathy Davis
The Mayor and Council are voting members of many of these; in some instances they represent the Council on the board as ex-officio members. Sub-committee members are responsible for making appointment recommendations to the Council as a whole. It is recommended that the City Council appoint individuals as listed on the resolution to fill vacancies and expired terms.
Motion was made by Councilmember Blackstone to approve RS-069. Motion was seconded by Councilmember Fleming. Motion carried unanimously.
RS-15-070 Consider a memorandum/resolution accepting two Airport Improvement Program (AIP) Grants.
Staff comments: Matthew Van Valkenburg
The City has been offered AIP grants in the amount of $1,300,500 to be used for the development of an Airport Master Plan, engineering for passenger boarding bridge replacement, and the acquisition of wildlife hazard reduction equipment at the Killeen-Fort Hood Regional Airport and Robert Gray Army Airfield.
Staff recommends the City Council accept Federal Aviation Administration Grants, Project No. 3-48-0361-024-2015, in the amount of $900,000 and Project No. 3-48-0361-025-2015 in the amount of $400,500, and ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements incorporated into this grant agreement. Also, that it authorize the City Manager to execute any and all necessary grant documents and amendments within the amounts set by state and local law.
Motion was made by Councilmember Fleming to approve RS-070. Motion was seconded by Councilmember Blackstone. Motion carried unanimously.
Ordinances
OR-15-013 Consider an ordinance granting an application for renewal of taxicab franchise to Luxury Cab Company. (3rd of 3 readings)
City Secretary read the caption of the ordinance.
AN ORDINANCE GRANTING A FRANCHISE TO LUXURY CAB COMPANY TO OPERATE A TAXICAB SERVICE IN THE CITY OF KILLEEN, TEXAS, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR THE REGULATION OF THE TAXICAB SERVICE; PROVIDING AN INDEMNITY CLAUSE; ESTABLISHING THE FRANCHISE TERM AND EFFECTIVE DATE; PROVIDING A TERMINATION PROVISION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN ADOPTION CLAUSE; PROVIDING A REPEALER CLAUSE AND PROVIDING A CODE AMENDMENT CLAUSE.
Staff comments: Kathy Davis
This franchise ordinance will allow Luxury Cab Company to continue to operate a taxicab service within the City of Killeen.
Staff recommends adoption of the ordinance permitting Luxury Cab Company a taxicab service franchise and that City Council authorizes Luxury Cab to continue service under their current franchise until the passage and effective date of the renewal franchise.
Motion was made by Councilmember Okray to approve OR-013. Motion was seconded by Councilmember Fleming. Motion carried unanimously.
OR-15-017 Consider an ordinance extending the corporate city limits of the City of Killeen by annexing 161.022 acres southwest of the intersection of Clear Creek Road (S.H. 201) and Old Copperas Cove Road.
City Secretary read the caption of the ordinance.
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF KILLEEN, BELL COUNTY, TEXAS TO INCLUDE LAND LYING ADJACENT TO THE PRESENT CITY LIMITS; DECLARING SAID LAND TO BE A PART OF SAID CITY; DECLARING SAID LAND AND PRESENT AND FUTURE INHABITANTS OF SAID LAND TO BE ENTITLED TO ALL THE RIGHTS AND PRIVILEGES OF OTHER LANDS AND CITIZENS OF THE CITY AND TO BE BOUND BY THE ACTS AND ORDINANCES OF THE CITY; EXTENDING THE BOUNDARY OF DISTRICT 4; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; ESTABLISHING AN EFFECTIVE DATE.
Staff comments: Tony McIlwain
On June 26, 2015, the Planning and Economic Development Division received a voluntary petition for annexation from RSBP Inc. for 161.022 acres located southwest of the intersection of Clear Creek Road (S.H. 201) and Old Copperas Cove Road. The subject 161.022 acres area is exempt from the requirements of being included in a standard three-year annexation plan. There were no issues raised during the previous public hearings on this matter.
Staff recommends the City Council approve the annexation ordinance.
Motion was made by Councilmember Moore to approve OR-017. Motion was seconded by Councilmember Kilpatrick. Motion carried unanimously.
OR-15-018 Consider an ordinance authorizing the issuance and sale of General Obligation Refunding Bonds, Series 2015.
City Secretary read the caption of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KILLEEN, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF KILLEEN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; APPROVING THE OFFICIAL STATEMENT, BOND PURCHASE AGREEMENT, PAYING AGENT/REGISTRAR AGREEMENT AND ESCROW AGREEMENT; ESTABLISHING THE PROCEDURES FOR SELLING AND DELIVERING THE BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT.
Staff comments: Jonathan Locke, Dan Wegmiller with Specialized Public Finance
The City Council has approved refunding bond issues whenever it is prudent to save the City in future debt service payments. It is recommended that the City consider issuing approximately $8.9 million in refunding bonds. Staff recommends that the City Council approve the attached ordinance authorizing the City Manager to execute the issuance and sale of City of Killeen, Texas, General Obligation Refunding Bonds, Series 2015, if market conditions are favorable.
Motion was made by Councilmember Blackstone to approve OR-018. Motion was seconded by Councilmember Kilpatrick. Motion carried 5 to 2 with Councilmember Okray and Councilmember Fleming in opposition.
Public Hearings
Item withdrawn. Applicant requested application be withdrawn indefinitely.
PH-15-041 HOLD a public hearing and consider an ordinance requested by Michael and Jeffrey Lackmeyer (Case #Z15-19) to rezone approximately thirteen acres, being part of the Moses T. Martin Survey, Abstract No. 963, from “A” (Agricultural District) to “PUD” (Planned Unit Development) with “SR-1” (Suburban Residential Single-Family District) zoning.
PH-15-043 HOLD a public hearing and consider an ordinance requested by Killeen Engineering and Surveying on behalf of Texas Sunflower, Ltd. (Case #Z15-22) to rezone approximately 23.52 acres out of the J.E. Maddera Survey, Abstract No. 600, from “B-3” (Local Business District) and “A-R1” (Agricultural Single-Family Residential District) to Planned Unit Development (PUD) with underlying “B-2” (Local Retail District) and “R-3A” (Multifamily Apartment Residential District). The property is located southeast of the intersection of W. Stan Schlueter Loop (FM 3470) and Clear Creek Road (S.H. 201), Killeen, Texas.
The City Secretary read the caption of the ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF KILLEEN BY CHANGING THE ZONING OF CERTAIN PROPERTY OUT OF THE CITY OF KILLEEN, BELL COUNTY, TEXAS, from b-3 (LOCAL business district) and A-r1 (agricultural single-family residential district) to planned unit development (PUD) with underlying B-2 (local retail district) and R-3A (multifamily apartment residential district); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff comments: Tony McIlwain
The staff notified fourteen (14) surrounding property owners within a 200’ notification boundary. Staff has received no protests. The property will be used for a Skilled Nursing facility and apartment complex. The applicant’s PUD submittal is a result of the amount of land zoned “R-2” and “R-3” within 2,000 feet of the subject property. It shall be noted that the applicant has not sought nor requested any deviations from zoning requirements of the “B-2” and “R-3A” zoning districts except to have the screening requirement be waived for the interior of the property.
The Planning & Zoning Commission unanimously recommended approval of the applicant’s PUD zoning request with the following standards and conditions:
(i) the multifamily development shall not exceed a total of 190 apartment units;
(i) the PUD shall adhere to the attached site plan;
(ii) the development shall provide the following community amenities: volleyball area; dog/ pet park, pool and clubhouse; and
(iii) the architectural façade standard for the nursing home and apartment development shall be consistent with the current standards for the “R-3A” zoning district.
(v) the screening requirement between the proposed nursing home and multi-family units shall be waived on the applicant’s property.
Mayor Cosper opened the public hearing.
Michelle Lee, Killeen Engineering & Surveying - spoke in favor of project.
With no one else appearing the public hearing was closed.
Motion was made by Councilmember Rivera to approve PH-043. Motion was seconded by Councilmember Moore. Motion carried unanimously.
PH-15-044 HOLD a public hearing and consider an ordinance requested by Eunhee Stewart (Case #Z15-21) to rezone Lot 2, Block 2, Parklane Addition (unrecorded) and part of Lot 3, Block 'A', Susan Spofford Subdivision, from “R-2” (Two-Family Residential District) to “B-3” (Local Business District). The properties are locally known as 1129 York Avenue and 1107 York Avenue, Killeen, Texas.
The City Secretary read the caption of the ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF KILLEEN BY CHANGING THE ZONING OF CERTAIN PROPERTY OUT OF THE CITY OF KILLEEN, BELL COUNTY, TEXAS, from R-2 (two family residential District) to B-3 (local business district); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff comments: Charlotte Hitchman
The staff notified 21 surrounding property owners regarding this request. No responses have been received at this time. The property is currently vacant.
The Planning and Zoning Commission unanimously recommended approval of the applicant’s zoning request from “R-2” to “B-3” commercial zoning as this request is compatible with the surrounding uses.
Mayor Cosper opened the public hearing. With no one appearing the public hearing was closed.
Motion was made by Councilmember Rivera to approve PH-044. Motion was seconded by Councilmember Kilpatrick. Motion carried unanimously.
PH-15-046 HOLD a public hearing and consider an ordinance requested by Killeen EGS Property Ltd. (Case #Z15-24) to rezone 28.29 acres out of the Azra Webb Survey, Abstract No. 857, from “B-4” (Business District) to “B-5” (Business District). The property is locally known as 4800 S. Fort Hood Street, Killeen, Texas.
The City Secretary read the caption of the ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF KILLEEN BY CHANGING THE ZONING OF CERTAIN PROPERTY OUT OF THE CITY OF KILLEEN, BELL COUNTY, TEXAS, from b-4 (business district) to B-5 (business district); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff comments: Charlotte Hitchman
The staff notified nine (9) surrounding property owners within a 200’ notification boundary. Staff has received no protests. The property is currently vacant.
The Planning & Zoning Commission voted unanimously to approve the requested “B-5” zoning district.
Mayor Cosper opened the public hearing. With no one appearing the public hearing was closed.
Motion was made by Councilmember Kilpatrick to approve PH-046. Motion was seconded by Councilmember Fleming. Motion carried unanimously.
PH-15-047 HOLD a public hearing and consider an ordinance establishing the North Killeen Revitalization Program.
The City Secretary read the caption of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KILLEEN, TEXAS ESTABLISHING THE NORTH KILLEEN REVITALIZATION PROGRAM FOR THE ENCOURAGEMENT OF REVITALIZATION AND ECONOMIC GROWTH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
Staff comments: Dr. Ray Shanaa
Through the North Killeen Revitalization Program, the joint committee proposed waiving a variety of fees for new construction or rehabilitation projects that expend a minimum of $2,000 within the afore-mentioned boundary area. The Program also includes additional incentives regarding development standards such as waiving the 50% rule for reconstructing non-conforming structures and allowing non-conforming properties located within the North Killeen Revitalization Area to be 3,600 square feet at a minimum without being required to obtain approval from the Zoning Board of Adjustments.
The Joint Committee of the Killeen City Council and Planning and Zoning Commission and city staff recommend that City Council approve the North Killeen Revitalization Program and guidelines for a period of 5 years for the area depicted in the attached boundary map as proposed by the joint committee.
Mayor Cosper opened the public hearing.
Gregory Johnson, 1975 N. Gray Street - spoke in favor of request. Feels the revitalization of downtown area will inspire new businesses and pride in the community.
With no one else appearing the public hearing was closed.
Motion was made by Councilmember Okray to approve PH-047. Motion was seconded by Councilmember Moore. Motion carried unanimously.
PH-15-048 HOLD a public hearing and consider an ordinance establishing North Killeen Tax Abatement Guidelines and Criteria.
The City Secretary read the caption of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KILLEEN, TEXAS ESTABLISHING NORTH KILLEEN TAX ABATEMENT GUIDELINES AND CRITERIA FOR THE ENCOURAGEMENT OF REVITALIZATION AND ECONOMIC GROWTH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
Staff comments: Dr. Ray Shanaa
The joint committee drafted specialized Tax Abatement Guidelines and Criteria for this area offering tax abatement opportunities to commercial and multi-family property owners who increase their property value 150% for new construction or 25% for expansion of a new facility and an overall new investment of at least $25,000 in taxable assets.
The Joint Committee of the Killeen City Council and Planning and Zoning Commission and city staff recommend that City Council approve the North Killeen Guidelines and Criteria for Tax Abatement for the maximum allowed period of 2 years in the area depicted in the attached boundary map as proposed by the joint Planning and Zoning Commission and City Council Committee.
Mayor Cosper opened the public hearing. With no one appearing the public hearing was closed.
Motion was made by Councilmember Fleming to approve PH-048. Motion was seconded by Mayor Pro-Tem Segarra. Motion carried unanimously.
PH-15-049 HOLD a public hearing and consider an ordinance amending the FY 2015 Annual Budget and Plan of Municipal Services of the City of Killeen.
The City Secretary read the caption of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KILLEEN, TEXAS, AMENDING THE FY 2015 ANNUAL BUDGET AND PLAN OF MUNICIPAL SERVICES OF THE CITY OF KILLEEN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND ESTABLISHING AN EFFECTIVE DATE.
Staff comments: Karen Evans
A list of items that require a budget amendment for FY 2015 is included in the resolution. These amendments are purely accounting entries, does not change fund balances. Mrs. Evans briefly went over each entry.
Staff recommends that the City Council approve this ordinance amending the FY 2015 Annual Budget and Plan of Municipal Services.
Mayor Cosper opened the public hearing. With no one appearing the public hearing was closed.
Motion was made by Mayor Pro-Tem Segarra to approve PH-049. Motion was seconded by Councilmember Rivera. Motion carried 6 to 0 with Councilmember Fleming abstaining.
Adjournment
With no further business, upon motion being made by Mayor Pro-Tem Segarra, seconded by Councilmember Okray, and unanimously approved, the meeting was adjourned at 6:10 p.m.