City Council Scheduled Meeting

18:00 on June 28, 2011

Council Chambers, City Hall (Old Ave. D School)

All members were present.

Headlines:

  1. The process of interviewing candidates for the District 4 council seat, and the selection of an appointee, were done in closed session during the afternoon Workshop.
  2. Mike Lower was appointed to serve the remaining term of Ernest Wilkerson as District 4 council member.
  3. The city maintains its AA bond rating from Fitch and from Standard & Poors.

Note: items below that have nothing in the "discussion" column were not discussed.

Agenda Item Description Discussion My Notes
Presentations
PR-1 Lemonade Day Charles Van Horne, 3d place; Paige and Grant Jansen, 2nd place; Ty and Jada Holbomb, 1st place. There were about a dozen other awards.  
PR-2 Parks and Recreation Month proclamation. Proclamation delivered to Director of Parks and Recreation, who announced "Rock the Park" throughout July. One part per week, starting at Longbranch, then Condor, the Marlboro, then Fiddler's (across from Fowler school).    
Consent Agenda
CA-1 Consider minutes of Regular City Council Meeting of June 14, 2011. Cosper moved approval of entire consent agenda, seconded by Wells, approved 6-0.  
CA-2 Consider minutes of Special City Council Meeting of June 18, 2011.    
CA-3 Consider a memorandum/resolution authorizing the City Manager to reimburse the Bell County Water Control and Improvement District No. 1 for the preparation of a preliminary engineering report for the direct reuse of treated wastewater effluent for irrigation of city facilities.    
CA-4 Consider a memorandum/resolution authorizing the City Manager to execute an interlocal agreement with Bell County for computer software usage.    
CA-5 Consider a memorandum/resolution authorizing a contract for the annual maintenance of Sungard Public Sector software.    
CA-6 Consider a memorandum/resolution approving the timeline and guidelines for redistricting plans based upon 2010 census data.    
CA-7 Consider a memorandum/resolution authorizing a professional services agreement amendment No. 1 with Walker Partners, LCC for the Patriotic Ditch Minor CIP project (drainage master plan project No. 6.)    
CA-8 Consider a memorandum/resolution for lease of two Xerox 700 Digital Color Press/Scanner/Copiers through the cooperative purchasing network (TCPN) for printing services division.    
CA-9 Consider a memorandum/resolution approving the revised investment policy.    
CA-10 Consider a memorandum/resolution approving an amendment to a communications facility lease with T-mobile at Fire Station No. 7.    
CA-11 Consider a memorandum/resolution authorizing the award of construction contract Bid No. 11-21-for south Nolan Creek major drainage CIP projects (drainage master plan project No. 2, 8, 10 and 11) to Beck-Reit and Sons LTD.    
Public Hearings / Ordinances
PH-1 HOLD a public hearing and consider an ordinance as requested by Choon Ok Song (Case #Z11-27) to rezone part of Lot 1, Block 17, Bellaire Heights, 2nd Extension replat from B-3 (Local Business District) to B-3A (Local Business and Retail Alcohol Sales District) for a package liquor store. The property is locally known as 2602 S. Fort Hood Street, Suite 100, Killeen, Texas. Staff received no protests and recommends approval. None spoke in favor or against. Rivera moved approval, seconded by Workman. Approved 6-0.  
PH-2 HOLD a public hearing and consider an ordinance as requested by Mary Fisher (Case #Z11-28) to rezone an area north of Terrace Drive at Goode Drive from RMH (Residential Mobile Home District) and R-2 (Two Family Residential District) to R-2 (Two Family Residential District) with CUP (Conditional Use Permit) for a communication tower. (Requires ¾ majority vote for approval) Staff recommends approval. None spoke in favor or against. Wells moved approval, seconded by Workman. Approved 6-0.  
PH-3 HOLD a public hearing and consider an ordinance as requested by Reeces Creek Developers (Case #Z11-29) to rezone approximately 61.23 acres, being part of the Eugene LaSere Survey, Abstract No. 527 from ‘A’ (Agricultural District) to R-1 (Single-family Residential District). The property is located at Bunny Trail and Brushy Creek Drive and Guadalupe Drive, Killeen, Texas. Goonight Ranch Phase 10. Request is consistent with Comprehensive plan. Staff recommends approval. Workman: how does it affect drainage? Staff: we've been working with the developer on some problems; the solution will be presented as part of the platting process. Workman: what is the effect on vegetation, especially cedar trees? Developer will remove some ceder and replace them with more beneficial species. Steve Shepherd spoke in favor, explaining that the drainage fix involves his land, and they are "tweaking it". None spoke against. Cosper moved approval, Wells seconded, Passed 6-0.  
PH-4 HOLD a public hearing and consider an ordinance as requested by Splawn Ranch Partnership (Case #Z11-30) to rezone approximately 1.297 acres, being part of the William H. Cole Survey, Abstract No. 200 from COD (Cemetery Overlay District) to COD (Cemetery Overlay District) w/CUP (Conditional Use Permit) for a gas station/convenience store. The property is located at the southeast intersection of Splawn Ranch Drive and S. Fort Hood Street, Killeen, Texas. 5000 sq ft convenience store and gas station. P&Z recommends approval of CUP, which would make the usage permanent. They recommend no changes in the facade standards. Cole: what's the staff's reasoning, and did you talk to the secretary? Staff: We didn't get in touch with the cemetary; we think it will be good for the development of the area. Cole: I recommend you make this kind of thing an allowable use in the the overlay. Clark: isn't this just going to chip away at the overlay until it's not there any more? Staff: no. Cosper: Those people are going to Florence now and we're losing sales tax. Rivera: I think it's a good use. Speaking in favor: Tenetha ???, "It will be a big convenience for me." None spoke against. Rivera moved approval Approved 5-1, Workman against. This requires changes in the cemetary overlay district land use map, which currently does not allow convenience stores. Again, no one asked "why does the cemetary overlay not include convenience stores as an acceptable use?"
PH-5A. HOLD a public hearing and consider a request by Dorel Killeen Holdings, LLC, to revise the Comprehensive Plan’s future land use map to change a ‘General Commercial’ designated area to a ‘Multifamily Residential’ designated area, for approximately 1.73 acres. The property is located on the north right-of-way of Winkler Avenue at the intersection of Trimmier Road. A and B were considered together. Cosper left the dias. Staff: Comprehenaive plan will have to be changed. Staff looked to see if it is "spot zoning" and decided it was not. P&Z recommended amendeent of the land use plan. Cole: This ties in with PH6, doesn't it? Yes, the rationale for both is the same. A protest was received, based on traffic, and the height of the buildings. Cole: what's the justification for the change? Was there a study that shows it is a better use than is currently zoned? Staff: We didn't receive an analysis from the developer. Cole: I'd like to hear the analysis. Speaking in favor: Alan Lunskag from San Antonio working for the Engineers. Justification includes high apartment occupancy; market studies that say city is underserved in terms of apartments; study that says nationally rental units are growing faster than owned units. The development won't change the character of the area and will be convenient for some people. A member of the property owner's family also spoke in favor, justifying it as a better use than duplex or 4plex development. Roy Sampson against: recommends against until they provide justification. Kay Cosper against: opposed because it lowers value of her property; because of increased traffic; and because it would be surrounded on 3 sides by businesses; "business areas should stay business areas".

Workman: what amenities? Engineer: leasing office, swimming pool, open area for residents in front. Another pool and recreation building in the rear. Picnic tables. Wells: this is a qualifty project I move to approve PH-5A seconded by Cole. Cole: they met my requirements for justification. Rivera: what's around it again? Clark: Apartments open the pathway to home ownership. Approved 5-0.

The engineer quoted a lot of statistics, but I did not see any documentation of them. I don't know if the council did.
PH-5B. HOLD a public hearing and consider an ordinance as requested by Dorel Killeen Holdings, LLC, (Case #Z11-17) to rezone approximately 1.73 acres, being part of the W. H. Cole Survey, Abstract No. 239 from B-2 (Local Retail District) to R-3A (Multi-family Apartment Residential District) with a PUD (Planned Unit Development). The property is locally known as 2908 Trimmier Road, Killeen, Texas. (Requires ¾ majority vote for approval) Wells moved approval, seconded by Rivera. Workman: I hope you are true to your word about the amenities. Approved 5-0.  
PH-6A. HOLD a public hearing and consider a request by Al R. and Bonnie J. Young to revise the Comprehensive Plan’s future land use map (FLUM) to change a ‘General Residential’ and ‘Four-Plex Residential’ designated areas to a ‘Multifamily Residential’ designated area, for approximately 6.642 acres. The property is located on the north right-of-way of Winkler Avenue east of the intersection of Trimmier Road. P and Z recommended approval with conditions. Engineer mentioned some things they are doing to conform with the conditions. None spoke in opposition. Wells moved approval of A and B with conditions of the P and Z. Seconded by Rivera. Workman: is there any consideration for children's play equipment? Engineer: we can look a that; it's not planned now. Passed 5-0. Cosper returned after the vote.  
PH-6B. HOLD a public hearing and consider an ordinance as requested by Al R. Young and Bonnie J. Young, (Case #Z11-18) to rezone approximately 6.642 acres being part of the W. H. Cole Survey, Abstract No. 201 from B-3 (Local Business District) to R-3A (Multi-family Apartment Residential District) with a PUD (Planned Unit Development). The property is located on the north right-of-way of Winkler Avenue, east of the intersection of Trimmier Road, Killeen, Texas.   I can't really blame the council for following P&Z recommendations, but how good a job does P&Z do? What percentage of requests for rezoning and land-use map changes are approved by P and Z? If most of the developer requests are approved by P and Z and almost all of P and Z recommendations are accepted, it's fair to say the developers are running things.
PH-7 HOLD a public hearing and consider an ordinance amending the Fiscal Year 2010-11 Annual Budget and Plan of Municipal Services. Decreases gemera; fimd bu $$55,000. None spoke in favor or against. Wells moved approval, seconded by Rivera.Passed 6-0. These are the changes discussed in the Saturday June 18 budget workshop. See the June 18 notes for discussion.
Ordinances / Resolutions
OR-1 Consider an ordinance granting an electric power franchise to Oncor Electric Delivery Company, LLC. (2nd of 3 readings) This is a 20-year non-exclusive franchise for distribution facilities right-of-way. Workman: is Oncore going to look at underground utilities? Oncore: Most of new service goes underground where feasible. It's expensive and sometimes the developer doesn't want to pay for it. Passed second reading 6-0. See last week's notes for discussion.
OR-2 Consider an ordinance authorizing the issuance and sale of City of Killeen, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2011. OR-2, -5 and -6 were considered together. These are previously authorized offerings. New city bond rating is still AA (both Fitch and S&P). They find our debt too high, but manageable; and the outlook is good. Interest rates are 4.41% and 4.51% for $32.4M and $18M passthru. The interest is within budget estimates. Cosper moved approval of all three. Passed 6-0.  
OR-3 Consider an ordinance authorizing the issuance and sale of City of Killeen, Texas, General Obligation Refunding Bonds, Series 2011. Postponed  
OR-4 Consider an ordinance authorizing the issuance and sale of City of Killeen, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2011. Postponed.  
OR-5 Consider a master ordinance establishing the City of Killeen, Texas Pass-Through Toll Revenue Financing Program.    
OR-6 Consider the first supplemental ordinance to the master ordinance establishing the City of Killeen, Texas Pass-Through Toll Revenue Financing Program.    
OR-7 Consider a memorandum/resolution for appointment of a Councilmember for District #4. Moved in front of consent agenda, so it was the first item. Mike Lower was appointed unanimously.  
Oath of Office & Standards of Conduct
  Mike Laurer was sworn in and signed the Standards of Conduct.    
Citizens Petitions and Information
CP-1 Raymond Spivey (1107 Eastside Drive) – Liquor Store on Rancier and Hooten Spivey did not appear.  
CP-2 Thomas Roberts (2010 Continental Drive) – Ordinance in Reference to Carport Covers Roberts did not appear.