Title
Consider Minutes of Regular City Council Meeting of October 16, 2018.
Summary
City of Killeen
Regular City Council Meeting
Killeen Utilities Collections Conference Room
October 16, 2018 at 5:01 p.m.
Presiding: Mayor Pro-Tem Jim Kilpatrick
Attending: Councilmembers, Butch Menking, Juan Rivera, Gregory Johnson, Shirley Fleming, Debbie Nash-King and Steve Harris
Also attending were City Manager Ron Olson, City Attorney Kathryn Davis, City Secretary Lucy Aldrich, and Sergeant-at-Arms Gillman.
Absent: Mayor Jose Segarra
Councilmember Fleming gave the invocation, and Councilmember Nash-King led everyone in the Pledge of Allegiance.
Approval of Agenda
Motion was made by Councilmember Rivera to approve the agenda as written. Motion was seconded by Councilmember Johnson. The motion carried unanimously.
Citizens Petitions
Ms. Mellisa Brown, 6105 Melanie Drive - spoke about benefits that a new assistant city manager could receive such as a vehicle allowance, relocation support, and deferred compensation. She asked council to consider these benefits and where those funds could be better spent when hiring a new assistant city manager.
Minutes
Motion was made by Councilmember Johnson to approve the minutes of the September 18, 2018 Special City Council Meeting and the minutes of the September 25, 2018 Regular City Council Meeting. Motion was seconded by Councilmember Menking. Motion carried unanimously.
Resolutions
RS-18-087 Consider a memorandum/resolution authorizing the purchase of fitness equipment for the Lions Club Park Senior Center.
Staff Comments: Brett Williams, Executive Director of Community Services.
Mr. Williams gave a brief overview of the need for fitness equipment replacement due to the damage that occurred during the July 7, 2018 flood of the facility. Funds in the amount of $56,517.10 are available in the FY 2019 budget. Staff recommends City Council authorize the City Manager, or designee to accept the sales proposal and authorize the purchase of fitness equipment for the Lions Club Park Senior Center from Team Marathon Fitness via the BuyBoard.
Motion was made by Councilmember Fleming to approve RS-18-087. Motion was seconded by Councilmember Nash-King. Motion carried unanimously.
RS-18-088 Consider a memorandum/resolution authorizing the procurement of fleet tires.
Staff Comments: Jon Locke, Executive Director of Finance.
Mr. Locke gave a brief overview and background of annual tire purchases from FY 2016 and FY 2017. He further provided an estimate of the amount of funds to be spent in FY 2018, 2019, 2020 and 2021. Staff recommends City Council approve the purchase of tires from Southern Tire Mart through the effective contract dates utilizing the Texas Association of School Boards BuyBoard and The Interlocal Purchasing System cooperative pricing, and that the City Manager, or designee be authorized to execute any change orders as permitted by state and local law.
Motion was made by Councilmember Nash-King to approve RS-18-088. Motion was seconded by Councilmember Fleming. Motion carried unanimously.
RS-18-089 Consider a memorandum/resolution awarding Bid No. 19-01 to Colliver Tire Service for fleet tire services.
Staff Comments: Jon Locke, Executive Director of Finance.
The City’s fleet tire services contract was advertised for bids in August 2018 (Bid No. 19-01). This service is primarily associated with heavy trucks and off-road equipment on an as-needed basis. On August 7, 2018, two bids were received in response to Bid No. 19-01. Staff recommends that City Council award the tire services agreement to Colliver Tire Service, and that the City Manager or designee be authorized to execute the agreement and any change orders as permitted by state and local law.
Motion was made by Councilmember Menking to approve RS-18-089. Motion was seconded by Councilmember Rivera. Motion carried unanimously.
RS-18-090 Consider a memorandum/resolution establishing the Capital Improvements Advisory Committee, appointing members, and adopting rules of order.
Staff Comments: David Olson, Executive Director of Public Works.
Mr. Olson gave a brief background on the Capital Improvement Advisory Committee (CIAC) and advising of the statutory requirement prior to implementing and for the maintenance of impact fees. The requirements include a minimum of five members, with 40% or greater of the total members being representatives of the real estate, development, or building industry, and on or more of the members must reside in the extra-territorial jurisdiction (ETJ). During the October 2, 2018, City Council workshop, Council recommended establishing a 15 member committee. As of October 2, 2018, city staff has received 15 applications with two citizens residing in the ETJ, two residing outside of Killeen and the ETJ and eight applicants having the necessary specialized background. The CIAC Rules and Procedures are modeled after those of the Planning and Zoning Commission with necessary modifications to comply with Texas Local Government Code 395.058. Mr. Olson provided the purpose of the committee is to advise and assist in adopting land use assumptions, review of the Capital Improvements Plan, monitor and evaluate the implementation of the CIP, file semiannual reports on the progress of the CIP, report any perceived inequities in implementation and advise of the need to update any of the items above. City staff recommends that City Council create the Capital Improvements Advisory Committee, adopt the rules and procedures and appoint the following members to the committee: Cyndi Rowe, Michael Boyd, Josh Welch, Neal White, Suiled Y Ponce Diaz, Thomas A Dorroh, Johnny Frederick, Kathy Jo Harkin, Tracy N. Hillman, Joel R. Steine, Reginald David Cole, Scott Brooks, Gary Purser, Jr., Placidio Rivera, and Elijah McMeen.
Motion was made by Councilmember Rivera to approve RS-18-090. Motion was seconded by Councilmember Nash-King. Motion carried unanimously.
Public Hearings
PH-18-021 HOLD a public hearing and consider an ordinance requested by Mitchell & Associates, Inc., on behalf of Reeces Creek Development, Ltd. (Case #Z18-14) to rezone approximately 49.782 acres out of the Eugene LaSere Survey, Abstract No. 527, the W. T. Millsaps Survey, Abstract No. 1041 and the W. Freer Survey, Abstract No. 307, from “A” (Agricultural District) to “R-1” (Single-Family Residential District) for single family housing. The property is located on the east right-of-way of Bunny Trail, south of (undeveloped) Mohawk Drive, Killeen, Texas.
The City Secretary read the caption of the ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF KILLEEN CHANGING THE ZONING OF APPROXIMATELY 49.782 ACRES OUT OF THE EUGEN LASERE SURVEY, ABSTRACT NO. 527, THE W. T. MILLSAPS SURVEY, ABSTRACT NO. 1041 AND THE w. FREER SURVEY, ABSTRACT NO. 307, FROM “A” (AGRICULTURAL DISTRICT) TO “R-1” (SINGLE-FAMILY RESIDENTIAL DISTRICT) PROVIDING A SAVINGS CLAUSE, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR AN EFFECTIVE DATE.
Staff Comments: Tony McIlwain, City Planner
The undeveloped property is located on the east right-of-way of Bunny Trail, south of (undeveloped) Mohawk Drive, and is designated as ‘General Residential’ on the Comprehensive Plan’s Future Land Use Map (FLUM). Staff notified twenty-five (25) surrounding property owners within 200’ on the subject property. One opposition was received from Mr. Nathan Early, 3208 Rockwall Drive. The Planning and Zoning Commission recommend approval of the requested zoning change by a vote of 5 to 0 at their July 16, 2018 meeting.
Mayor Pro Tem Kilpatrick invited the Applicant to speak: Steve Shepard of Reeses Creek Developers spoke in favor of the rezoning request.
Mayor Pro Tem Kilpatrick opened the public hearing.
Mellisa Brown, 6105 Melanie Drive - spoke against the request.
Bryan Thym, 3902 Salt Fork Drive - spoke against the request.
P. Juan Rivera, 3300 Alamocito Creek Drive - spoke against the request.
With no one else appearing, the public hearing was closed.
Motion was made by Councilmember Rivera to approve PH-18-021. Motion was seconded by Councilmember Menking. Motion carried 4 to 3 with Mayor Pro Tem Kilpatrick voting in favor (breaking the tie), Councilmembers Harris, Johnson and Fleming in opposition.
PH-18-030 HOLD a public hearing and consider an ordinance requested by Jim Wright on behalf of RDJ Group (Case#Z18-18) to rezone part of Lot 1, Block 1, Kemp Addition, from “B-5” (Business District) to “B-3A” (Local Business and Retail Alcohol Sales District) to allow for a package store. The property is located at 3401 W. Stan Schlueter Loop (FM 3470), Suite 10, 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-5” (BUSINESS DISTRICT) TO “B-3A” (LOCAL BUSINESS AND RETAIL ALCOHOL SALES DISTRICT); PROVIDING A SAVINGS CLAUSE, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Comments: Tony McIlwain, City Planner
The request is being submitted to allow for a package store at 3401 W. Stan Schlueter Loop, Suite 10. The property is designated as ‘General Commercial’ on the Comprehensive Plan’s Future Land Use Map (FLUM). Staff notified twenty-eight (28) surrounding property owners within 400 feet of the subject site as of the date of publishing the agenda and packet the city had not received any responses in support or in opposition. Since publication, the city received one response from Ms. Hilton noting opposition of the request. The Texas Alcohol and Beverage Commission distance requirement for public/private schools (including daycares), churches and hospitals does not apply to off-premises establishments such as package stores and convenience stores. The Planning and Zoning Commission recommends approval of the rezone request from “B-5” (Business District) to “B-3A” (Local Business and Retail Alcohol Sales District) by a vote of 6 to 0.
Mayor Pro Tem Kilpatrick invited the Applicant to speak: Mr. Jim Wright spoke in favor the request.
Mayor Pro Tem Kilpatrick opened the public hearing.
Mellisa Brown, 6105 Melanie Drive - spoke against the request.
With no one else appearing, the public hearing was closed.
Motion was made by Councilmember Rivera to approve PH-18-030. Motion was seconded by Councilmember Fleming. Motion carried 5 to 1 with Councilmember Harris in opposition.
PH-18-031 HOLD a public hearing and consider an ordinance by Janie Lea Tucker (Case#Z18-19) to rezone approximately 13.133 acres, being out of the J. S. Wilder Survey, Abstract No. 912 from “R-MP” (Mobile Home and Travel Trailer Park District) to “B-5” (Business District). The property is addressed as 5801 E. Veterans Memorial Blvd, 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-MP” (MOBILE HOME AND TRAVEL TRAILER PARK DISTRICT) TO “B-5” (BUSINESS DISTRICT); PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Comments: Tony McIlwain, City Planner
This property is designated as ‘General Commercial’ on the Comprehensive Plan’s Future Land Use Map (FLUM); it is currently being used as a staging area for a contractor performing work for Texas Department of Transportation (TxDOT). Staff notified nine (9) surrounding property owners within 400 feet of the subject site and has not received any responses in support or in opposition. The Planning and Zoning Commission has recommended approval of the applicant’s “B-5” request by a vote of 6 to 0.
Mayor Pro Tem Kilpatrick invited the Applicant to speak: although the applicant was in attendance, they did not wish to speak.
Mayor Pro Tem Kilpatrick opened the public hearing.
Mellisa Brown, 6105 Melanie Drive - spoke in favor of the request.
With no one else appearing, the public hearing was closed.
Motion was made by Councilmember Fleming to approve PH-18-031. Motion was seconded by Councilmember Nash-King. Motion carried unanimously.
PH-18-032 HOLD a public hearing and consider an ordinance by Killeen MFD, L.L.C. (Case #Z18-20) to rezone Lot 1A, Block 1, Texas Sunflower Addition Amended, from a Planned Unit Development (PUD) with “R-3A” (Multifamily Apartment Residential District) to Planned Unit Development (PUD) with “R-3A” (Multifamily Residential District) in order to revise the PUD concept plan and increase the number of apartment units. The property is addressed as 5002 Thayer Drive, 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 PLANNED UNIT DEVELOPMENT (PUD) WITH UNDERLYING “R-3A” (MULTIFAMILY APARTMENT RESIDENTIAL DISTRICT) TO PLANNED UNIT DEVELOPMENT (PUD) WITH UNDERLYING “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, City Planner
The request is being submitted in order to revise the PUD concept plan and increase the number of residential units. The property is designated as ‘General Residential’ and ‘Suburban Commercial’ on the Comprehensive Plan’s Future Land Use Map (FLUM). Staff has notified twenty-three (23) surrounding property owners within 400 feet of the subject site and has not received any responses in support or in opposition. The Planning and Zoning Commission is recommending approval of the zoning request by a vote of 5 to 0 (Commissioner Purser abstained) with the following conditions: 1) Phase Two of the multifamily development shall not exceed a total of 72 apartment units and 3 two-store duplex units; 2) the PUD shall adhere to the submitted site plan, to include the secondary pool and cabana area and additional landscaping as illustrated by the applicant; 3) the architectural façade standard for the apartment development shall be consistent with the architectural elevations (renderings submitted by the applicant); and 4) the architectural façade standard for the two-store duplex clusters shall be consistent with the architectural elevations (renderings submitted by the applicant).
Mayor Pro Tem Kilpatrick invited the Applicant to speak: Ms. Michelle Lee with Killeen MFD, LLC spoke in favor of the request.
Mayor Pro Tem Kilpatrick opened the public hearing.
Mellisa Brown, 6105 Melanie Drive - spoke against the request.
With no one else appearing, the public hearing was closed.
Motion was made by Councilmember Menking to approve PH-18-032. Motion was seconded by Councilmember Rivera. Motion carried 5 to 1, with Councilmember Harris in opposition.
Adjournment
With no further business, upon motion being made by Councilmember Nash-King, seconded by Councilmember Fleming, and unanimously approved, the meeting was adjourned at 6:37 p.m.