City Council - Regular Meeting

Tuesday, September 15, 2026

The Killeen City Council approved a multi-year rodeo sponsorship, several board and commission appointments, and advanced zoning discussions on data centers and local developments.

About this meeting

Government Body
City Council
Meeting Type
City Council
Location
Killeen, TX
Meeting Date
September 15, 2026

Transcript

766 sections

0:29•Speaker 1

I don't know if they actually gave them.

0:31 – 0:43•Speaker 5

Well, at the beginning, they'll have all the names. They had the dates for the month of Star Wars. I was a member of Williamson's.

0:59 – 1:22•Speaker 9

It is now 5 PM. I called the City Council meeting to order. Let the record show that all Council members are present. The invocation will be given by Chaplain Dave Rasmussen of Abbott Health of Central Texas and the pledge of allegiance by Mayor Pro Tem Gonzalez.

1:31 – 1:55•Speaker 31

Good evening, God. As we come together tonight to talk about business, we just pray that you will direct our thoughts, our words, and our actions to bring glory and honor to you. We thank you for this opportunity to serve in this city, in this country, and in this world. But we need your guidance. We need your love. Thank you for offering them to us. In Jesus' name, amen.

2:17 – 2:31•Speaker 9

Thank you, Chaplain Dave Emerson. And thank you, Mayor Pro Tem. Council, I need a motion to approve the agenda. Council Member Brown.

2:34•Speaker 17

Move to approve the agenda.

2:36•Speaker 9

Motion was made by Council Member Brown. Second by Council Member Kendricks.

2:43•Speaker 4

I second the motion.

2:46 – 3:27•Speaker 9

Is there any discussion? All in favor signify by yes, all opposed no. Have all voted. Motion passed seven to zero. Thank you, Council. Madam Secretary, presentations.

3:31•Speaker 28

Presentations. Item number one, PR-26-019, Killeen Starr Award.

3:50•Speaker 8

If we could have Ms. Carolyn Brown come up and Mr. Cedric Moss. Yes.

4:03•Speaker 9

I want to say, first of all, before we begin, let me just say this.

4:09•Speaker 1

Thank you, Council Member Bass.

4:11 – 4:34•Speaker 9

This is a time that we just take the time out in the month. Every council member gets an opportunity to recognize a resident. for their excellent work in the community. And this month, it is Councilmember Bass. And I'm going to let him introduce her again and read what you want to read, sir.

4:36 – 4:57•Speaker 8

Mr. Cedric Moss contacted me a few weeks ago and said the Star Award is coming up, and he would like to nominate Ms. Carolyn Brown, and I was honored to pass that on up the chain of command. And Cedric, if you would like to read your nomination, this is really great.

4:58 – 7:29•Speaker 1

I'm glad he printed it out, but I'll read it off my phone. All right. To whom it may concern, it is my honor to nominate Ms. Carolyn Brown for the City of Killeen Star Award. Known throughout the area as Killeen's godmother, Ms. Carolyn Brown is the true heart and soul of our community. As the founder and director of the E-Center in Killeen, she has spent decades, I know it may not look like it, decades helping families in need, guiding youth, local youth, and stepping in whenever help is needed. Her nickname isn't just a title, it reflects the real maternal care she gives to thousands of local residents, or she has given to thousands of local residents for over 30 years in this community. Under her leadership, the E-Center provides hot meals, clothing, job preparation, and much more. to anyone who walks through the door. When crisis strikes, Ms. Brown is consistently one of the first people on the front lines. During severe weather storms that shut down our power grids, she transformed the e-center into emergency warming hub for within hours. Without waiting for outside help, she organized hot meals, gathered heavy blankets, and personally delivered essential supplies to home-bound seniors and families without cars. Her fast action during local disasters, severe weather events, and economic downturns have repeatedly helped citizens throughout our city. Ms. Carolyn Brown is also a fierce advocate for Killeen's homeless community and young people. She regularly leads street outreach events that provide hot food, warm clothing, hygiene kits directly to those in need. For local youth, she organizes massive back-to-school rallies that supply hundreds of children with free backpacks, school supplies, haircuts, and other essentials. During the holidays, her annual give-back distributed Thanksgiving turkey dinners and ensure their children and families have a safe space throughout the holidays. I promise I'm coming to the end. Carolyn Brown represents the absolute best of Colleen and giving her this award celebrates a lifetime of selfless work from the woman who is truly Colleen's godmother. Thank you, ma'am.

7:35•Speaker 8

It is an honor for me to present this to you. Thank you for all you do for our city, and I enjoyed the two events I've been out there.

7:42•Speaker 10

Thank you so much. Thank you.

7:44 – 8:03•Speaker 8

Would you like to say a word? Thank you.

8:13•Speaker 10

because I had to write it down too.

8:19 – 9:40•Speaker 10

Thank you for bringing it down. I felt really short up here. Okay. Thank you to the city of Killeen, our mayor, and our city council for the incredible honor. Okay. It would help if I put my glasses on that I got in my hand. I proudly accept this Star Award on behalf of everyone who has supported me, Obsessions by Carolyn, Civilistic Enterprises, E-Center Colleen, and E-Community Colleen over the last 30 plus years of serving our community. My mission, passion, and purpose has always been to bring our community together through purpose, passion, and service. I would like to give a special thank you to my children, Alexa and Terrence. Thank you for your love and support and for always standing beside me. I share this special honor with both of you. I am also grateful for every volunteer partner, organization, friend, and community member who helps make our mission possible. I love Colleen, and I am truly honored to serve this community. Thank you. Thank you so much.

10:02 – 10:27•Speaker 9

Again, thank you Ms. Brown, well deserved. Okay, now we will go into our work session. Discuss agenda items 9 through 15 for the September 15, 2026 regular session. No final action will be taken until the regular session. Madam Secretary, the first resolution, please.

10:27 – 10:43•Speaker 28

Resolutions. Item number 9, RS-26-142. Consider a memorandum resolution authorizing a five-year sponsorship agreement with Rodeo Killeen for the Killeen Rodeo in the amount of $250,000.

10:44•Speaker 9

Good evening, Ms. McNair.

10:45•Speaker 3

Good evening. How are you?

10:47•Speaker 9

Fine, ma'am. Good.

10:48 – 12:21•Speaker 3

Good. So, Killeen Rodeo, organized by Killeen Volunteers, Inc., through its Killeen or Rodeo Killeen Committee, is one of the city's longest-standing annual events and has become a signature tourism attraction for the community. The event draws from across Central Texas and surrounding regions, generating economic activity for local hotels, restaurants, and businesses. The purpose of the sponsorship is to establish a long-term partnership between the city of Killeen and KVI through its Rodeo Killeen, continue supporting one of the city's premier tourism events, and key terms include the five-year agreement effective October 1 of this year through September 30th of 2031. The annual sponsorship amount is $50,000 for a total sponsorship of $250,000, which will be funded through the hotel tax funds. So the last event that was held was just this past May, and there were 17,000 visits, 611 rodeo contestants from all over Texas and 20 states. The estimated economic impact was $1.8 million. We had a lot of media visibility, and approximately 6,000 pounds of canned food was donated, and two scholarships were awarded to local students. Staff recommends that City Council authorize the City Manager or his designee to execute the five-year agreement with KVI for Rodeo Killeen in the amount of $250,000. Okay, thank you, ma'am.

12:21•Speaker 9

Council Member Nashkeen.

12:23 – 13:12•Speaker 18

Thank you, Mr. Mayor and Council. I think that this is a great honor. Brad and Amanda and the Rodeo Committee have done an amazing job ever since I've been on Council 2017. I had the opportunity to serve on the Rodeo Committee, which I love. And it gives a lot back to the community. Not only it introduced rodeo to some people that may have never been involved with it, but it also, the community service, it honors our men and women in uniform, and it brings in tours to our city to highlight the city of Killeen. So this is a great investment over five years, the $250,000. And thank you, too. Thank you, Mr. Mayor and Councilor.

13:13 – 13:25•Speaker 9

Thank you, Councilmember. I do agree. It's been great. And in the times that I've been here, it's been a great event, enjoyable event. Councilmember Bess.

13:26 – 14:09•Speaker 8

I went to the rodeo this year on the second night. It was fantastic. The first night, as I recall, was focused on our soldiers out at Fort Hood. And I drove by there the first night. And I saw all the military families walking up the street, all the kids real happy, all the kids wearing their cowboy hats. So I think that the Rodeo Killeen is not only a great thing for the city of Killeen, but it's very important for our soldiers and families out at Fort Hood. They really enjoy it. So thank you to Rodeo Killeen for taking care of our soldiers and their families. Thank you.

14:10•Speaker 9

Thank you, ma'am. Madam Secretary, next item.

14:19 – 14:31•Speaker 28

Item 10, RS-26-143, consider a memorandum resolution appointing members to vacant, expired, and unexpired terms on various boards, commissions, and committees.

14:32•Speaker 9

Good afternoon, Ms. McGill.

14:34 – 15:11•Speaker 15

Good evening, Mayor and Council. Good evening. The item before you tonight is the annual appointments of citizens to the board's committees and commissions. The mayor and city council make annual appointments to various boards each year and throughout the year as vacancies occur. The following tables show members with expired terms, expiring terms, or resignations, and if their term is limited or if they're requesting reappointment as well. So we'll start with the Animal Advisory Committee. Subcommittee is going to be Council Members Bass and Brown. And we have one vacancy for a citizen representative.

15:16•Speaker 9

Okay. Okay. Council Member Brown.

15:23•Speaker 17

I nominate Jamie Carroll.

15:27•Speaker 9

I nominate James Carroll. Jamie Carroll. Jamie Carroll.

15:31•Speaker 30

Jamie Carroll.

15:40•Speaker 9

Okay. That was just one?

15:44•Speaker 9

Okay. All right. Okay.

15:49•Speaker 15

And Madam City Attorney, do we need to vote on that each time or will we just vote all at the end together?

15:53 – 16:04•Speaker 19

No, so this is the work session portion. So if the names that you nominate now will then continue on into regular session, you can vote to approve those unless there are changes, in which case you can have more discussion.

16:04•Speaker 9

This is just a nomination.

16:07 – 16:28•Speaker 15

Next up will be Arts Commission. And we have five vacancies. Three are going to be at-large members. One is going to be for music, radio, TV, tape, sound recording, and one is going to be for folk art, painting, and sculpture with various expiring terms. both Ashley and Vantonio have requested reappointment as well.

16:34•Speaker 9

Yeah. Council Member Brown.

16:36 – 17:22•Speaker 17

I recommend reappointing the two that, I'm sorry, reappointing Ashley and we have Monique Brand who is in TV since Vantonio fairly started I apologize. I lost my voice. Come a little bit closer to the microphone. So I would recommend keeping Ashley since she is not termed out and has requested reappointment. But for the TV, music, and radio, I would nominate Monique Brand since Fantonia Fraley is termed.

17:26•Speaker 9

Okay, Council Member Nashke.

17:30•Speaker 18

Yes, sir. The question is, thank you, Mr. Mayor and Council, are those probably the only two positions we can fulfill, or is it more positions?

17:39•Speaker 15

No, ma'am. All five positions are eligible to be filled. The other three are going to be terms that have not expired yet.

17:45•Speaker 15

So at this moment, we would still have two at-large members and then a folk art, painting, and sculpture representative that we can fill.

17:52 – 18:04•Speaker 18

Okay, thank you. With that being said, I would like to nominate... I think Tisha, is that Tisha Dix? I don't know, D-I-X.

18:04•Speaker 15

D-I-X, okay.

18:05•Speaker 15

And that's for us at large member?

18:07•Speaker 18

At large, yes, ma'am. And if no, any other position before I continue? Oh, okay, Mayor Pro Tem. Okay, thank you. If there's anything left, I'll come back.

18:19•Speaker 9

Thank you. Okay, Council Member Brown. Oh, I'm sorry, Mayor Pro Tem?

18:29•Speaker 12

Thank you. We have one that did apply but is not listed here. It's just been confirmed. But I did want to nominate Jamie Salter for Arts Commission. Jamie Salter.

18:39•Speaker 15

And is that going to be an at-large member? Yes, ma'am, at-large.

18:50•Speaker 9

Okay, Council Member Kendricks.

18:53•Speaker 4

Yes, I would like to nominate Kimberly Johnson.

18:57•Speaker 15

And that'll be for the folk art position?

19:01•Speaker 4

Is there still an at-large position open?

19:04•Speaker 15

Currently, we have three recommendations, and we have three vacancies for at-large.

19:11•Speaker 4

And what was the other position you just said?

19:14 – 19:25•Speaker 15

The folk art painting and sculpture. To my knowledge, I don't know that we had anybody that met that requirement that applied. But if you know something different, I'm certainly welcome to that.

19:26•Speaker 4

Uh, no, I don't know nothing different on that one. So I would like to just stay at that large.

19:33•Speaker 15

Okay. And what was the name?

19:35•Speaker 4

Kimberly Johnson.

19:43•Speaker 9

Okay. Um, council member Brown.

19:51•Speaker 17

I was just going to ask if we could reopen it for the Arts Commission so we can maybe get an application for someone that would fit that need.

20:01•Speaker 15

Yes, ma'am. These are open year-round. They actually don't close. So we can monitor it. And when we do have someone that meets that qualification, that's certainly something we could bring back to council.

20:12•Speaker 9

Okay. And I'm saying Council Member Kendricks? No. Okay. Council Member Nash-King? No.

20:20•Speaker 18

Yes, sir. I just have a question for our city attorney. Have we ever been able to fill that position?

20:29 – 20:43•Speaker 19

Yes, it was recently filled. So that person has resigned from the commission and didn't reapply for reappointment. So it has been filled. I have a question. Were there four recommendations for at-large? Yes, ma'am.

20:44•Speaker 15

Okay, so I just wanted to come down to three.

20:46 – 21:01•Speaker 18

I was going to, since Council Member Kendrick had a person, I was going to ask the mayor, could I take my name off the list for at large? Because we have four and we only need three. So I'll remove my name.

21:01•Speaker 15

And that was Ms. Tisha Dix? Yes, ma'am.

21:04•Speaker 18

Yes, ma'am. Yes, Council Member Nash King. Thank you, Mr. Mayor. Thank you, ma'am.

21:13•Speaker 15

All right, next up is the Audit Committee. Mr. Ralston is requesting reappointment, and then we have one additional citizen representative position vacant.

21:22•Speaker 9

Okay, Council Member Bass.

21:31•Speaker 8

I move to reappoint Mr. Ralston. He served on the Audit Committee and has the experience.

21:44•Speaker 9

Okay. You nominate. It's not a move, but you're nominating him.

21:52•Speaker 9

Okay. Council Member Nash King.

21:56 – 22:14•Speaker 18

Yes, sir, and I'd like to nominate Phillip Brown. I'm sorry, Phillip Brown. There was only two positions open. Correct. Okay, thank you.

22:16 – 22:39•Speaker 15

All right, if there's no other nominations, we'll move on. The Bell County Board of Health with a subcommittee of Council Members Williams and Bass. Mr. Sam Fiala has run as the representative for many terms and is no longer requesting reappointment. The alternative has been Amy. Amy has stated she is willing to step up and be the representative. She is also the only applicant for this board.

22:43•Speaker 9

Okay. Council Member Nash-King.

22:45•Speaker 18

Oh, no, sir.

22:46•Speaker 9

I'm not on that committee. Okay. Okay. Council Member Bass.

22:52 – 23:06•Speaker 8

How do we pronounce Amy's last name? Mersofsky. Mersofsky. I nominate Ms. Amy to step up, and we appreciate her doing that.

23:07 – 23:27•Speaker 15

And again, this does remain open year-round, so if another applicant applies that is eligible for it, we can bring that back at another time. All right, next up is going to be the Capital Improvement Advisory Committee. We have one vacancy, and they are supposed to be within the real estate development or building industry.

23:29•Speaker 9

Okay, Council Member Williams. I'm sorry, did you?

23:39•Speaker 30

No? Okay. Disregard.

23:41•Speaker 9

Okay. Is there any nominations? Council? Councilwoman Redbass?

23:52 – 24:18•Speaker 8

I would like to nominate Mr. Jeffrey R. Jaggers. He lives in my district. I've met him after I was elected. He's a retired CW5, so his experience is military. So since his application is there, I don't know if he falls under real estate development or building industry.

24:23•Speaker 15

City Attorney, you want to help me out with that one?

24:26•Speaker 19

Let me take a look at the application real quick.

24:35•Speaker 8

But I can say a CW5 has a lot of experience in many different areas.

25:08•Speaker 19

I'm looking at the application to see if they checked off the box for real estate. Isn't there a box on the?

25:16•Speaker 15

There's not an application. No, it's all based on what's in the application. And if I remember correctly, nobody had real estate in their application.

25:26 – 25:42•Speaker 19

So just from the information we do have on the application and the resume that was attached, you have a lot of areas of expertise there. Yeah, it doesn't look like we have somebody that fits that category.

25:45•Speaker 15

Okay, so we'll keep that one open as well, and if somebody applies, we can bring it back to you.

25:52•Speaker 15

Next up is going to be the Civil Service Commission. Mr. Cagle?

25:58•Speaker 7

Yes, I recommend reappointing Kenneth Hawthorne. Okay. Okay.

26:11•Speaker 15

Okay, next up is the Community Development Advisory Committee. We have six expiring terms, and they're all going to be citizen representatives.

26:21•Speaker 9

Okay, Council Member Nashke.

26:24 – 26:46•Speaker 18

Thank you, sir. The Community Development Advisory, I would like to appoint Tiffany Hall. Thank you.

26:46•Speaker 9

Okay. Thank you, ma'am. Council Member Brown. Christy Wilbanks.

26:53•Speaker 17

Christy Wilbanks.

27:00•Speaker 5

Council Member Kimball. Thank you, sir. I would like to nominate Mr. Bear Jones. Okay.

27:11•Speaker 8

Council Member Bass. I would like to nominate Ms. Delsina West.

27:20•Speaker 9

May I quote Tim?

27:22•Speaker 12

Ms. Scotty Hilder.

27:25•Speaker 15

I'm sorry, can you repeat that one?

27:28•Speaker 9

Scotty Hilder. Council Member Nashke.

27:35•Speaker 15

Is that all five? I do have one more, but there are three on there that we're requesting reappointment. So if there's no more recommendations.

27:43•Speaker 18

Which three? Miss Lavinia Sabree. That's okay. If they want to stay, they can. That's fine.

27:50•Speaker 15

We will need to narrow it down to one. So which one? Which one? What are their names? Lavinia Sabree, Patsy Bracey, and Angela Galbraith.

28:00•Speaker 18

I don't know Angela, so I will go with her. Thank you.

28:10•Speaker 9

Council Member Kimball.

28:14•Speaker 15

No, they can do more than one.

28:18•Speaker 9

Okay, Council Member Bass.

28:22•Speaker 8

Sorry, sir. I didn't turn mine off.

28:25•Speaker 9

May I quote him? Okay. Council Member Nash-King.

28:30•Speaker 18

Yes, ma'am. You said there's one more?

28:32•Speaker 15

That's all six. Okay.

28:34•Speaker 9

Thank you. And so...

28:39 – 29:05•Speaker 15

That's it? Yep. Unless anyone else has any changes. Okay. Next up is going to be the Heritage Preservation Board. So this is where we started getting into some of them that are a little bit different. Mark Manning is a representative of KAHA, and he is requesting reappointment. We do have two at-large representatives that are both requesting reappointment and then a vacancy for a realtor.

29:15•Speaker 9

Council Member Nashke.

29:16 – 29:32•Speaker 18

Thank you, Mr. Mayor and Council. This committee is very unique, as you stated, of the expertise. All the three you named have done an excellent job. And I, when I went through the applications, I didn't see a realtor unless somebody else on here saw one to fill that one position.

29:34•Speaker 15

I believe you're correct.

29:35 – 29:52•Speaker 18

Thank you, but I would recommend to the council, because this is such a specific expertise like a heritage preservation board, that we should keep, if it's okay with them, to keep the three members because they have done an excellent job. Thank you, ma'am. Thank you, Mr. Mayor.

29:52•Speaker 9

Thank you. That's your recommendation. Thank you, Council Member.

30:02•Speaker 15

Clean Economic Development Corporation. Mr. Todd Fox is a chamber representative. He is requesting reappointment. And Mr. Jose Guzman is a KIF representative. He's also requesting reappointment.

30:15•Speaker 9

Council Member Nash King. I'm going to let someone else speak. I apologize. Okay. Council Member Bess.

30:22•Speaker 8

I nominate Mr. Todd Fox for a second term.

30:27•Speaker 9

Okay. Council Member Kendricks. Aye.

30:31•Speaker 4

You took the one I had. What was the second one? Jose Guzman. I nominate Jose Guzman.

30:36 – 31:10•Speaker 15

Wonderful. Thank you. Next will be the Killeen sister cities. Ms. Janice Anderson is an OSAN representative. She is requesting reappointment. Ms. Sandra Taiwan has not requested reappointment. That's going to be a citizen representative vacancy. And then the third vacancy on this committee is going to be a YAC representative, which is typically recommended by YAC. However, they were just appointed, so they have not been able to give their recommendation yet. So with that, we have the OSAN representative requesting reappointment and then one citizen representative.

31:14 – 31:25•Speaker 9

Okay, Council Member Bass. Oh, sorry. Council Member Kendricks. Okay, Council Member Kimball.

31:25•Speaker 5

Thank you, Mr. Mayor. I recommend for Janice Anderson to stay on as the OSAN rep.

31:33•Speaker 9

Okay. Council Member Nashkin?

31:36•Speaker 18

Yes, sir. If I understood correctly, Mr. Mayor and ma'am, it was one vacancy.

31:41•Speaker 18

And I would like to recommend, and if I mispronounce his name, please correct me, Raymond A. Monaco? Monaco?

31:57•Speaker 15

The next one is going to be the Main Street Board. We have three vacancies for citizen representatives. All three parties are requesting reappointment.

32:06•Speaker 18

Okay. Council Member Nash-Kate. Thank you. I would like to recommend Ramon Alvarez. Thank you.

32:19•Speaker 15

It doesn't matter the way it's done out.

32:23•Speaker 18

Thank you for that correction. Absolutely.

32:31•Speaker 9

May I point out?

32:32•Speaker 12

I'm sorry, I just had a question regarding that. You said that there's three that are requesting reappointment. You said it doesn't matter. How do we know which?

32:40•Speaker 15

In the sense of if you recommend, let's say, Mr. Watkins and she wants to recommend Ms. Ringgold, then Ramon Alvarez could take Mr. Pemberton's position.

32:48•Speaker 9

Understood. Thank you. Council Member Brown?

32:55 – 33:12•Speaker 17

I was just going to recommend that we keep the three people that are currently serving on that board and allow them to continue since none of them are termed out. This is a board that's just getting off the ground to try to reestablish her downtown area.

33:19•Speaker 9

Okay, Council Member Nashke.

33:21 – 34:15•Speaker 18

Yes, sir. The reason I recommended Ramon Alvarez, he has a business down there, and this committee, to me, for the Main Street Board, I would hope it would be committee members that have invested their time and money to ensuring the downtown is developed correctly as we continue to revitalize downtown Killeen, because it's predicated on their investment and to ensure that they give 100% and their input on downtown where they would most likely work daily, they should have that input on that. I respect Council Member Brown's decision, but Mr. Nye would ask the council to make a decision on that, and my recommendation would be Ramon Alvarez.

34:16•Speaker 9

Okay, we can bring you to vote at the regular session.

34:22•Speaker 18

Thank you, sir.

34:28 – 34:45•Speaker 15

Next is going to be the Parks and Recreation Advisory Committee. There are four vacancies. They do go by districts. The District 2 representative is requesting reappointment, as is the District 4 and the at-large position. District 3 is vacant, so there's no reappointment there.

34:45 – 34:57•Speaker 9

Okay, Council Member Kimball.

34:57•Speaker 5

Thank you, Mr. Mayor. I would like Emilio Fenderson to continue as the position two district two rep.

35:08•Speaker 9

Okay. Council Member Kendricks.

35:13•Speaker 4

I would like for Michelle Lammers to continue as district four.

35:29•Speaker 15

And that leaves us with a District 3 and an at-large position.

35:35•Speaker 9

Council Member Nashke.

35:41 – 35:59•Speaker 18

I apologize for that, sir. For the at-large position, I would like to recommend Damascus Y. Rouse. It launched.

36:00•Speaker 15

Damascus. Damascus. I've got a list of them. And that leaves District 3, which is currently vacant.

36:13•Speaker 8

And I apologize. I missed that this was my decision.

36:19•Speaker 9

I'm sorry, sir. I think Council Member Nash-King, did you?

36:23•Speaker 18

Oh, no, sir. Council Member Bass, District 3.

36:26•Speaker 9

Council Member Brown, then Council Member Bass. Okay, there we go.

36:43•Speaker 9

Okay. Okay. Council Member Bass?

36:48 – 37:03•Speaker 8

I apologize. I did not realize this was by district. But I do know that we have several applications from District 3. So I nominate Jamie Carroll.

37:07•Speaker 9

Thank you, sir.

37:12•Speaker 15

Up next is the Planning and Zoning Commission. There are three vacancies. All three are requesting reappointment, and they are at large positions as well.

37:20•Speaker 9

I also move in Nash King.

37:30 – 37:42•Speaker 18

Thank you. Mr. Mayor, can I ask a question about this position? Yes, ma'am. Thank you, sir. And I see, attorney, are they up, their position expired, or they just want to be?

37:42•Speaker 15

Yes, they're all expiring at the end of this month.

37:45•Speaker 18

All right. In that case, I would like to nominate for that committee Johnny Frederick.

38:04•Speaker 9

Okay. Thank you.

38:08•Speaker 17

Thank you, sir.

38:08•Speaker 9

You're welcome. Council Member Brunt.

38:11•Speaker 17

I nominate James Stills.

38:17•Speaker 9

Okay. Council Member Pro Tem.

38:21•Speaker 12

Ken Wilkerson.

38:26•Speaker 9

Council Member Williams.

38:31•Speaker 11

Cindy Rowe. And that does give us four. You already have four.

38:38•Speaker 15

There's three vacancies.

38:43•Speaker 15

Did you still want to nominate Ms. Cindy Rowe?

38:47•Speaker 9

Yes. Can we just bring you to a vote?

38:49 – 39:01•Speaker 18

Yes, ma'am. Mr. Mayor, I can remove Miles. Yes, sir. I don't want to have to do all of that. I'll just remove my name.

39:03•Speaker 15

Thank you. Yes.

39:07•Speaker 18

It makes it complicated. May I quote you?

39:14•Speaker 9

Council Member Williams? Council Member Nash-King?

39:21•Speaker 18

Yes, sir. I just requested to remove my... Okay. All right.

39:26 – 39:48•Speaker 15

Okay, I believe this was our last one. Senior Sentencing Advisory Board subcommittees are going to be Councilmembers Nash, King, and Williams. There are five expiring terms and three vacant terms that are not expired. So we do have a total of eight positions. I do have three people that are requesting reappointment.

39:49•Speaker 11

Okay, so we have three to meet the final...

39:55•Speaker 9

Council Member Nash King.

39:56 – 40:16•Speaker 18

Thank you, Mr. Mayor. We will keep the three individuals that are requested to stay in that position, and I will refer to Mr. Mayor, Councilwoman Williams, for the five positions that's left to give out the names.

40:19•Speaker 9

Council Member Williams.

40:21 – 40:53•Speaker 11

Thank you, Councilwoman Nash. I appreciate that. The one I'm nominating is Vince Washington. Can you repeat the last name? Vince, V-I-N-C-E, Washington, W-A-S-H-I-N-G-T-O-N. Emilio Fenderson, E-M-I-L-I-O, Fenderson. Michelle Lammers. Misty Darwin.

40:55•Speaker 15

What was the first name?

40:56•Speaker 11

Misty, M-I-S-T-Y, Darwin, D-A-R-R-I-N. And lastly, Mr. Luis Rivera.

41:17•Speaker 9

Thank you, Council Member Williams. Council Member Nashke? No.

41:23 – 42:03•Speaker 15

Okay, and this is the last one. The TERS board. Representative Louie Minor is a Bell County representative. They do intend on taking that before their board at the 21st of this month. So tentatively, he's going to be requesting reappointment. Ms. Toni Ringgold is a citizen representative. She is requesting reappointment. And Mr. Rex Weaver is the Central Texas College representative. He's also requesting reappointment. And then this is a unique situation where we do have a vacancy for a council member as well. So I'm not sure how we want to handle that, but we do have a vacancy.

42:05•Speaker 9

City Attorney.

42:06 – 42:23•Speaker 19

Yes. For this, when we, when council. When council appointed its council members back in June, the council member Kendrick was appointed, but you were already a member. And so we still have one vacancy for a council member.

42:23•Speaker 9

Okay. Council member Nashke.

42:31 – 42:42•Speaker 18

Thank you, Mr. Mayor and Council. I recommend that we keep our three individuals that we have, and I would like to also serve on that committee as a council representative.

42:42 – 42:56•Speaker 9

Okay, so you're nominating yourself? Yes, sir. Yes, ma'am. Thank you. Council Member Brown. Okay. Okay.

42:58•Speaker 15

All right, and that's the last of it. Our staff recommendation would be to appoint the individuals just discussed to the identified vacancies and expired terms.

43:07 – 43:25•Speaker 9

Thank you so much. Will you help? Okay. Madam Secretary, next item. Sir.

43:30 – 43:50•Speaker 28

Item 11, RS-26-144, consider a memorandum resolution ratifying the city manager's approval of the emergency procurement for the Avondestora emergency sewer repair and contract with TTG Utilities, Inc. in the amount of $146,700. Good evening. Ma'am, how are you doing?

43:53•Speaker 9

Good evening, Mr. Mayor. It's good to see you again. Rachel.

43:59 – 45:42•Speaker 27

Thank you. Good evening, Mayor and Council. Before you tonight, we have a preventative project that we took the initiative to go find out why we were having additional sewer overflows in a specific area. Our crews became aware of the situation after two sanitary sewer overflows, and in July of this year, they did some investigation as to why that was occurring. What we did find is that the length of pipe at the depth and slope of which it was was too much for our crews to do in-house and we needed to go externally with a contractor. This particular project conforms to city policy and satisfies the legal requirement for single source emergency repairs of a sewer line due to the preservation of public health and safety. On August 11th, the city manager authorized emergency procurement and executed the contract with TTG Utilities for this 200 linear foot of sanitary sewer pipe. Work was completed, inspected, cameraed, and accepted by the city on August 26th of 2026. and the final invoice was received on August 28th of 2026. This was an emergency procurement that the City Manager did authorize, and so we are recommending and asking that City Council ratify the City Manager's approval of the emergency procurement for the Aventasora Emergency Sewer Repair Contract with TTG Utilities, Inc., in the amount of $146,700 and authorize a city manager or a designee to execute any and all change orders within the amount set by state and local law. And with that, I'm available for any questions you may have.

45:44•Speaker 9

Council Member Kimball.

45:47•Speaker 5

Thank you, Mr. Mayor. As an emergency procurement, where does that line, where does those funds come from to fix it?

45:54 – 46:07•Speaker 27

So these particular funds for this project came within our water and sewer funds, within our operating budget. We just shifted some money around at the end of the year. We had other things that were put on hold in order to make this repair project.

46:08•Speaker 5

So there were no projects. You didn't take money from another project to do this project, did you?

46:13•Speaker 27

These are operational funds that were utilized for this particular project.

46:16•Speaker 5

Okay. Thank you, Mr. Mayor.

46:19•Speaker 9

Council Member Brown.

46:23•Speaker 17

Can you explain what would have happened had we not done the emergency repair and how much that potentially could have cost the city?

46:32 – 47:15•Speaker 27

Absolutely. So when we have sanitary sewer overflows we are required to report them to the state or the TCEQ as you may have heard in previous presentations and when that occurs the level of fines that are resulting from that depend on the amount of flow that goes out into a waterway or onto the surface of the land. In this particular spot it was a low area where we did have saturated soils and And that's one of the reasons why city staff could not complete this job within the week that we typically allot for a project. And with that, fines vary. It could go anywhere from $5,000 upwards of $25,000 for an event.

47:17 – 47:42•Speaker 17

And we had already had two events at the same location? We did. So theoretically, if we had not fixed this right away, we could have piled up thousands of dollars each and every single time. And then there's the additional risk that we've got that raw sewage going back into the groundwater and into the dirt that could then contaminate it and make the people sick.

47:43 – 47:59•Speaker 27

And any time the sewer overflows and gets into the environment, it is an issue for the state and for the city, and we try to prevent that as best as possible. So it is something that could have had repetitive fines on it from the state had we not taken measures to correct it. Thank you.

48:02•Speaker 9

Any other questions? Thank you, ma'am. Thank you. Thank you. Madam Secretary?

48:11 – 48:26•Speaker 28

Item 12, RS-26-145, consider a memorandum resolution approving a negotiated settlement between the Atmos Cities Steering Committee and the Atmos Energy regarding the 2026 Atmos Rate Review Mechanism filing.

48:27•Speaker 9

Good evening, City Attorney.

48:28 – 50:05•Speaker 19

Good evening, Mayor and City Council. This is your Atmos Rate Review Mechanism filing item. So a little bit of background on this. Cities exercise original jurisdiction over the level of gas rates charged within their boundaries. Colleen is a member of the Atmos City Steering Committee, along with 181 other cities served by Atmos MidTechs. So since 2007, Atmos and the Steering Committee have worked under an alternate rate review process referred to as the Rate Review Mechanism, RRM, as opposed to the statutory gas reliability infrastructure program. Amos filed a rate request on about April 1st, 2026, claiming it's entitled to additional system-wide revenues of $291.1 million, and that's based on a test year ending December 31, 2025, so last year. The steering committee consultants analyzed the filing and determined that the system-wide deficiency under the RRM should be $253.4 million. So the Executive Committee of the Steering Committee in Atmos negotiated a settlement and that settlement resulted in the request was reduced from the $291.1 million to $260.5 million. This does impact the average residential increase would be $13.37 per month or 14.15% increase and the average commercial user increase is $44.82 per month or 9.9% increase. Staff and Executive Committee of the Steering Committee recommend approving the negotiated settlement between the Steering Committee and Atmos Mid-Tex Division regarding the 2026 RM filing. I'm here for any questions. I also believe there's a representative from Atmos here as well.

50:06•Speaker 9

Thank you. Council Member Kimball.

50:10 – 50:21•Speaker 5

When it comes to the Atmos and... I don't know if you call it a rate increase or their request for increase. Is this done yearly? I mean, do they come every year?

50:21 – 50:37•Speaker 19

Yes, they do. So they are statutorily, they have a statutory right to review and increase these rates every year under the grip formula. And we do have better rates than the city still under grip. But they do have, if we weren't under this, we'd be under grip.

50:37 – 50:53•Speaker 5

So based on the... I mean, I guess for me and for citizens, what happens? Why the rate increase? What causes ADMIS? On their supply side, are they being charged more? They're passing on to us?

50:54 – 51:09•Speaker 19

It's based on their capital investment made within the preceding 12 months. So the year ending December 2025, it's based on those expenses. Is the ADMIS representative here? Yes. She can maybe explain that a little bit better.

51:09 – 51:29•Speaker 5

And I guess, you know, as, you know, for the citizen standpoint, there's, you know, everything increases, and we're just trying to find out why the atmosphere increased. I would like to hear that explanation and what difference, what goes on year to year to cause that delivery of gas to increase, you know, for the citizen.

51:30•Speaker 19

Definitely. I would defer, yes. Thank you.

51:33 – 52:27•Speaker 25

Hi, my name is Tammy Bowman, and thank you for allowing me to come up and speak. Our vision is to be the safest provider of natural gas, and much like the city, in order for us to be the safest provider of natural gas, we have to continue to invest in our infrastructure. So investing in and modernizing our infrastructure while continuing to invest in safety, innovation, and then environmental sustainability. Last in 2025 we invested. Roughly 1.8 billion into our system and 85% of that was in our infrastructure. So that is the reason why we're coming to you today and ask for our rates is because of our investment in our infrastructure to keep it safe.

52:31 – 52:42•Speaker 5

Thank you, ma'am, for that explanation. Just one question. So as an end user, what difference do we see based on your capital improvement? What do I see as an end user?

52:42•Speaker 25

Sure. I know here in Killeen we are currently doing some neighborhood replacements and modernizing our system.

52:49 – 53:04•Speaker 5

So modernizing the system. Yes. modernizing the gas, the delivery system, the gas pipes. Right. Is what those rate increases are for. Yes. The modernization. Okay. Thank you.

53:13•Speaker 28

Yes, sorry about that.

53:14•Speaker 17

Before you walk away, what percentage of that $1.8 billion is in this general area of Central Texas?

53:24 – 53:54•Speaker 25

Sure, that's a good question. And I have... For the city of Killeen... We have roughly 7,427 customers, 190 miles of pipeline. And for our capital investments and for fiscal year 25, it was $6,739,721 spent in 25.

54:12 – 54:31•Speaker 17

Thank you. And my other question is for Ms. Clemmons. I know every year we have to go through this with Atmos and with Encore. Can you explain what happens if we don't approve this?

54:32 – 55:10•Speaker 19

Sure. The rates, the higher rates would go into, we would have a problem because what we would need to do, the steering committee hires experts to go through this filing and go through the rates and that's where the negotiation starts and how this was reduced from the rates that they're, that they're are statutorily available to request under the GRIP system. So I would not recommend making a change for this year. If you were looking for something to do next year, if we wanted to change the system or try to do something different, we would need to do that ahead of time before because these rates are set to go into effect on October 1st.

55:12•Speaker 17

That actually goes to my next question. How do we notify on such short notice those customers who are going to have higher rates starting October 1?

55:25 – 55:37•Speaker 19

I don't know if Atmos does notifications. I would ask that their representative speak to that. All right.

55:39 – 56:10•Speaker 25

So, yes, notifications were sent out to our customers in their bill. And once the rates are in effect, then we'll send another notice out within their billing. But like Ms. Clements mentioned, you all are part of the ACSC coalition, which when we filed back in April, we met with the ACSC coalition. We opened our books up to them. It's a very open process. And they went on y'all's behalf to get the best rates.

56:13 – 56:35•Speaker 17

In the future, I'd love to see that we can do it where any increases are proportional to the infrastructure we're receiving. So we're not paying for infrastructure going to some other part of the state of Texas. And then, Mr. Cagle, do we have any city buildings that are still utilizing gas infrastructure?

56:38•Speaker 7

We have some, but not a lot. The gas in town's all in the north.

56:44•Speaker 17

And I would guess that this has already been built into our FY27 budget?

56:51•Speaker 7

Honestly, in all of our buildings that have it, these are really small numbers, but I would say no, this rate's not in there.

56:58•Speaker 17

And I think you just said it, but we actually don't have any natural gas customers at all or natural gas lines north of I-14, correct?

57:09•Speaker 7

I think they're all north of... I'm sorry, I meant to say south of I-14. They could verify that, but that's...

57:17•Speaker 17

Yeah, so everything is just going to affect the north side. Yes. Okay.

57:24 – 57:45•Speaker 19

I would also note that if the city is, if the council is looking at having this based on just the infrastructure based on the city, the reason we're able, with the steering committee, they hire the experts and we pool that money together to pay for those experts. If the city was going on its own, then we would be taking on those expenses. Thank you.

57:46•Speaker 9

Council Member Betz.

57:49 – 58:18•Speaker 8

So just for perspective, the average residential increase will be $160.44 per year, and the average commercial increase will be $537.84 a year. It's a big increase, but it sounds like If the council was to say no, it would be even more of an increase.

58:18 – 58:53•Speaker 19

At this point. And we can definitely look at that for the future about doing something different. And we can have the representatives from the steering committee come explain a little bit better about how we go through that process. But if we decided to not be a part of the steering committee in the future, then the expense of challenging that would be solely on the city. So we've looked at going through the steering committee in the past. But we can definitely... Talk about that more in the future. And as far as those numbers, did you just multiply the numbers by 12? Because that 500 number, 45 times 12, I'm not sure about that. It's just I have the monthly figure.

58:53 – 59:12•Speaker 8

Yeah, I just did it. Just to see how big of an impact. And it is a big impact. And a lot of these are older homes and older businesses. So it's a substantial increase for the customers. But it sounds like it's the best deal we have at this moment.

59:12 – 59:26•Speaker 19

This is a greater increase than we've seen in the last few years. We completely acknowledge that, and I believe that it was good to have that representative up here to explain those increases. But, yes, this is a greater increase than we've seen in the past several years.

59:26 – 59:53•Speaker 18

Thank you. Council Member Nashke. Thank you, Mr. Cagle. I just thank the council for the questions that they ask, and I thank staff and Atmos for answering them. But the item that's on the agenda that's up for vote is that we have met with other cities, we had experts to come in, and this is the best deal we can negotiate. This is what we will be voting on tonight. Thank you.

59:57•Speaker 9

Thank you. Thank you, City Attorney. Madam Secretary, next item.

1:00:06 – 1:00:30•Speaker 28

Item 13, RS-26-146, consider a new random resolution awarding RFP 27-11 to Blue Cross Blue Shield of Texas, BCBSTX, for an excess risk policy stop loss insurance for medical and pharmacy claims under the city's health insurance plan effective October 1, 2026, in the amount of $1,509,582. Good afternoon, Ms. McDaniel.

1:00:36 – 1:04:10•Speaker 26

Good afternoon, Mayor and Council. As she stated, we're here to discuss stop loss insurance for this evening. Just a quick background. So as you know, the city is a self-funded health insurance platform, which means we need to protect ourselves from high claimants through the stop loss line of insurance. On August 2nd, the city partnered with Lockton and utilized the request for proposal process to select a stop loss insurance provider. What stop-loss insurance does is it protects us in two different ways. It protects us from individual claims of a specific amount, and it protects our claims as a whole. So as a whole group, if we exceed a certain margin, stop-loss insurance would come into effect in that manner as well. So our current individual deductible is $200,000, meaning any claim that hits $200,000 and goes over, stop loss kicks in and helps us pay that claim. The contract basis is on a 24-12, which means it's looking at claims that have occurred in the past 24 months, and they will pay them out in the coming 12 months. And the aggregate margin or the entire claims spend as a whole is 125%, meaning once their claims spend is 125% of what we came to you in June with, stop loss would kick in from an aggregate perspective. We received two bids when we went out for bid. Those were from Blue Cross Blue Shield of Texas and Voya. In coercion with Lockton Dunning, we reviewed and analyzed these bid proposals. They were reviewed on RFP format, fixed cost, contract maturity, services provided, and then renewal protection, meaning when we go out for bid next year, what is the maximum that that renewal would come back at from these companies? Grading resulted in the following scores. Blue Cross Blue Shield with a 93.4 out of a possible 100. VOYA with 74.2. Also, it should be noted that we actually cannot consider VOYA's proposal because their proposal did not include a firm cost, saying this is exactly what it would cost. It was subject to change and therefore could not be considered as a viable option. So, of the coverage options provided to us, we had three. The first option is to renew with the same contract format that we currently have. You will note one difference, and that's that the contract basis would be a 36-12, and it's because we've been in stop loss now that that look-back period and those claim payment periods is a little bit longer. Option two would be to increase our individual deductible to $250,000. This would mean the city would take on $50,000 more in risk for those high claimants, of which we average less than four annually. And option three would be to increase that deductible to $300,000, meaning the city would take on a possible extra additional $100,000 per high claimant before that stop loss insurance would kick in. It is recommended that we partner with Blue Cross Blue Shield as the viable option and consider coverage option number three, which increases our risk. There are multiple reasons for considering that, the health of the fund, what our performance has been in the past with regards to high claimants, as why that's coming forward as the proposed option. So I'm happy to answer any other questions that you might have.

1:04:10•Speaker 9

Okay. Council Member Brown?

1:04:16 – 1:04:58•Speaker 17

Not so much a question as a statement or an explanation. Southpaw is essentially then would be like an umbrella policy that a private individual would carry covers above and beyond what your primary insurance covers, correct? Correct. And I agree with option number three. I used to have an insurance agency. We don't have enough claims historically that hit that $200,000 mark. So warrant us having the higher payment or premium when more than likely we're going to save a whole lot more money by not doing that. Thank you.

1:05:02•Speaker 9

Okay. Thank you so much. Madam Secretary, next item.

1:05:11 – 1:05:32•Speaker 28

Item 14, RS-26-147. Consider a memorandum resolution authorizing the submission of a Defense Economic Adjustment Assistance Grant application to the Texas Military Preparedness Commission in an amount up to $5 million for the Restationing Facility Improvements New Fiber Backbone Project.

1:05:33•Speaker 9

Good evening, Ms. Singleton.

1:05:34 – 1:08:02•Speaker 32

Good evening. Thank you, Mayor. Thank you, Council Members. This item today is for the DEAG grant application installation of a new fiber backbone. At the background, the Defense Economic Adjustment Assistance Grant, DEAAG, supports infrastructure projects that enhance the military value installations. The Howard Texas Defense Alliance and Fort Hood identify a project related to the restationing of the 116th Military Intelligence Brigade, Hades. Restationing will bring approximately 200 soldiers and 1,800 family members to Fort Hood. City of Killeen will serve as the applicant project sponsor and the Ohio-Texas Defense Alliance is coordinating preparation of the grant application. The priority DEAG projects applications in 2016 and 2019, we did one with the rubber gray Army airfield, one for the radar approach control facility renovation, and one for the security surveillance systems, and with the aviation help. And in 2022, we did a WCID number one late Belton water plant backup power system. The project purpose is to install a new fiber backbone to West Fort Hood, support mission critical data flow for Haiti's operations, improve network capability for West Fort Hood, extend communications to the ammunition supply point, and support automated instruction detection capabilities. The project funding. The project cost is $13.8 million. The grant request will be for $5 million. And the cost share will be federal for who? $8.7 million. And the city of Tulane in kind will be $75,000. This is the mat where the system fiber line is and the new fiber line. The recommendation is that the staff recommend the city council approve a resolution authorizing the city manager or executive director of finance to submit an application to the Texas Military Preparedness Commission for up to $5 million in defense economic adjustment assistance grant funding for the restationing facility improvements project and authorizing the city of Killeen to serve as the project sponsor applicant. I will be happy to answer any questions you may have.

1:08:02 – 1:08:15•Speaker 9

Council Member Brown. Well, okay, there are no questions. Thank you. Thank you so much, ma'am. You have the next one. Yes. Item 15.

1:08:16•Speaker 28

Madam Minister. Item 15, RS26-148. Consider a memorandum resolution approving the Killeen Arts Commission grant recommendations for fiscal year 2027.

1:08:31 – 1:09:59•Speaker 32

Thank you. Yes, ma'am. This item is for the Clean Arts Commission 2027 grant awards. Background, the Texas tax code 351-101 hotel occupancy tax requires hotel occupancy tax revenues to be spent in a manner that directly enhances and promotes tourism to the convention industry and the hotel industry. Authorizing municipalities to allocate up to 15% of hotel occupancy tax collections for the arts. The total for fiscal year 2027 grants to the arts proposed allocation is $75,000. That is approximately 4% of fiscal year 2027 budgeted hot collections. The grant award process started on March 2nd and it goes all the way to July 10th. And fiscal year 2027 proposed grant award recommendations are for the grantee Walnut Grove Community Services, $1,166. For the Innovation Black Chamber of Commerce, $6,270. For Beverly Arts Society, $39,858. For eCommunity Clean, $18,175. And the Premier Creative Collective Inc. is $9,531, with a total of $75,000. The alternatives is do not approve the Arts Commission grant recommendations or amend the Arts Commission grant recommendation or approve the recommendations as presented. And the recommendation is to approve as presented. I would be happy to answer any questions you may have.

1:09:59•Speaker 9

Council Member Kimball.

1:10:04 – 1:10:52•Speaker 5

Thank you, Mr. Mayor. Ms. Tangland, so I think it's no secret that we've had issues collecting the right amount of hot tax. based on information we receive from our auditor, things outlined in local media. I mean, how do we rectify making sure that, one, the correct amount of tax is collected and our numbers come balanced correctly? I think if we look back for the last few years, it hasn't been. I think the collection rate is... I don't know what that number is, I'll have to talk to Mr. Grady. But I mean, it seems like we're leaving a lot of issues, a lot of money on the table by not collecting the appropriate tax.

1:10:52 – 1:11:45•Speaker 32

So the hotel collections have been steady, and we do have a huge drop in 2020 because of COVID. After that, we had two hotels that actually fell off the radar. One of them was the Hilton Garden because they have a fire. And then in 2023, we have the Red Lion that actually closed. So we did have a reduce on hotel taxes. What the city internal auditor was looking into was the STRs. The STRs we started to collect on those in 2024. And we, yes, I will agree that we don't have that many residents that are actually reporting the taxes as they should. But I think that's one conversation that we have this afternoon to see what we can do to get on compliance.

1:11:46 – 1:12:18•Speaker 5

And as a follow-up, so if we, just help me understand this, so we have these entities that put on these events, but these are local residents, right? I mean, do we have data to say that we're actually putting heads in beds for these events? Because it seems like we have local people that come to the event, but that's not generating hotel revenue. So it is one of the... Well, I'm just going by our reporting. So, I mean, we'll get to that.

1:12:19 – 1:12:37•Speaker 32

Yes, one of the requirements to apply for the Arts Commission is to actually have some receipts for hotels. And depending on how much money they requested or we granted, that's how many receipts they have to show that they have brought somebody into the hotels in here.

1:12:37•Speaker 5

So we have high confidence that the people who are putting on the events... are saying that they're putting heads in beds during their events. We have high confidence that that number is correct and appropriate taxes being collected.

1:12:48 – 1:13:42•Speaker 32

Well, I don't want to say we have high confidence because the actually receipts that we require is only one hotel for $5,000 that we give up, right? And I'm not going to say here that they actually bring a lot of people in because I'm not 100% sure. We don't have no way to verify that. But that's one of the things that whenever finance do evaluations, we go to our commission board and we recommend an amount depending on how many hotel resits they submit or depending on how they got with the expenses and if they follow the rules and regulations. So those are the rules or the procedures that we follow, the policy that we follow when we make recommendations. But how many actually beds are coming in, I cannot really tackle.

1:13:42 – 1:13:54•Speaker 5

It's fine. I think I still have time. But I think I've heard the rodeo so that they can get a good number. Why can't we do this without all the other events throughout the city?

1:13:55 – 1:14:15•Speaker 32

I mean, we can look into the rules and regulations. That's something that I can bring back to the Arts Commission Board and then have more discussion. I mean, maybe the requirements are how we counting or how we were doing surveys whenever people come into the event. Are they coming out of town? Are they staying in? Something that we can probably put into their rules and regulations.

1:14:16•Speaker 5

If I remember the discussion, I think Council Member Brown brought up, you know, the museum and some other. If they're doing it, then we should be doing it for all events.

1:14:27•Speaker 5

Thank you. Thank you, Mr. Mayor.

1:14:30•Speaker 9

Council Member Brown.

1:14:34 – 1:15:09•Speaker 17

Councilman Kimball beat me to part of it. We're giving money to the museum on Fort Hood that can't prove that anybody comes in or through Colleen. I've been to the Arts Commission meetings. I've seen all of the data that they have to return. I'm a huge supporter of putting that into these programs. But I do notice that it looks like we have fewer programs that are recommended this year. Is that because we had fewer applicants or just because there were fewer that actually qualified?

1:15:10•Speaker 32

We had fewer applicants this year.

1:15:13 – 1:16:33•Speaker 17

I see that the several that Ms. DeBree used to put on are not on here anymore. I think she got out of the event business. But I appreciate everything that she has done to bring people to the community. And I know that even if it's just the performers and the entertainers, they are coming in from out of town and they are staying in the hotels. They are bringing their family members with them. And they're telling all of their friends, this is where I'm going to be doing this. This is where I'm going to be performing or this is where I'm going to be setting up and doing my next whatever it is that the organization is doing. So they are bringing people in from out of town and this helps us help our local agencies grow. and become bigger to make sure that our local agencies and organizations can be the next big thing that are drawing in thousands and thousands of people. But without that little bit of help to get them started, it's really difficult. And also, Ms. Finley, this is all on a reimbursement basis, correct? That's correct. And what is the percentage that they have to actually invest themselves into each one of these programs to be qualified?

1:16:33•Speaker 32

They have 50% match of what they're asking for.

1:16:37 – 1:17:04•Speaker 17

And we don't give them anything until they turn over receipts showing what they have actually paid, and they only get half of that back up to this limit, correct? That's correct. And I will tell you that in my experience with the Arts Commission, most of these organizations are paying a lot more than what this would equate to, even at 50% of what they're putting from out of pocket.

1:17:05•Speaker 9

Thumbs up, ma'am. Council Member Brown, Matt Bass.

1:17:10 – 1:17:21•Speaker 8

Regarding the hotel tax, what I recall from the audit committee briefing, we have a third-party contractor that actually collects that for us. Is that correct?

1:17:21•Speaker 32

That's correct.

1:17:22 – 1:17:33•Speaker 8

And what I recall from the audit committee briefing, they're doing a fantastic job collecting the hotel tax. We don't really have a big problem in that area. Is that correct?

1:17:33•Speaker 32

That's correct, sir.

1:17:34 – 1:17:50•Speaker 8

The hotels are paying up. We're getting good income from that. And what we're going to discuss in number 21, though, is the big problem is the short-term rentals, and we will discuss that tonight, correct? Yes, sir. All right. Thank you very much.

1:17:50 – 1:18:23•Speaker 9

Thank you. Thank you. Thank you so much. Okay. Okay. It is now time for citizens' comments. Citizens will have three minutes to speak with one minute time allowed for City Council to respond with a statement or explanation without engaging in dialogue. Madam City Secretary, please call the first name.

1:18:25 – 1:18:43•Speaker 28

First speaker is Ramon Santiago. Okay. Second speaker is Michael Fornino.

1:18:51•Speaker 9

Good evening, sir.

1:18:56 – 1:19:30•Speaker 24

Item number seven was not discussed, but $137,000 for asbestos abatement and demolition in Moss Rose. That's a failing that blends into the committee assignments and all that. Current committee chair there for KHA has got to go, Mr. Mayor. I sent an email to all of you and the only engagement I got in return, it's on the agenda. Item number seven. That's why I pre-ambled with it was not discussed, but it is on the agenda.

1:19:34•Speaker 9

Continue, please, sir.

1:19:38 – 1:22:09•Speaker 24

Based upon that, that blends into committee assignments and all that. I sent an email to you all, which the most engagement I got in return was received, so there's no back and forth. The man and his tenure with KHA, three years now, has been an absolute embarrassment, inefficient, all the things discussed in that email. So I'm surprised he was not on the agenda for here. The man was appointed. He got some pushback, resigned, and then was inexplicably reappointed to KHA. And what has he done in all that time? He's canceled meetings. He's frustrated people off the board. And what has gotten done? Nothing. We're no closer to moving KHA forward three years ago than we are today. Further with committee assignments, I think it should be a matter of record why I think that this is highly inappropriate. For one Ken Wilkerson to be nominated for any board, I mean, he has famously in this chamber demonstrated his inability to make good decisions, especially with assessments of situations, et cetera. Plus, the man resigned from his council seat in shame. In shame. And in secret, apparently. We still don't know what exactly happened with that resignation. But I would ask the council... When it comes to these committees that are supposed to be made largely up of the citizens, making decisions on behalf of the city for very specific areas of concern, don't override them. Don't pack them with your friends and family, so to speak. I'll use that term very loosely. With the Board of Adjustment, they made a judgment call based on back and forth. They had an actual conversation with people. They addressed the issue. They didn't say received. You folks need to start answering your emails, getting on the record. The Board of Adjustment, you don't like what the citizens came up with, so you're suing the citizens? That's not representation. That's another example of this council ignoring the people and the true will of the people. You block it off and bracket us to where we have very little options to have a say or any influence on the town. November's coming up pretty soon for the elections, and you might be reminded of the boss-employee relationship if you don't consider that.

1:22:11•Speaker 9

Madam City Secretary.

1:22:16•Speaker 28

Next speaker is Joseph Smutkowski. I hope I didn't butcher your name too badly.

1:22:27•Speaker 9

Good evening, sir.

1:22:29 – 1:23:45•Speaker 34

Greetings, Mr. Mayor and city council members. My name is Joseph Shimkowski. I've been a Killeen resident since 1981 when I came off the border in Germany. I'm here to give my opinion on data centers that want to locate in or near Killeen, Texas. I'm against the data centers unless they recycle their own water and not deplete Belton Lake with their demand for water. I recently heard that these data centers want to employ micro nuclear reactors, which I am totally against because of the harm that could cause the residents of Bell County. Data centers could be a good thing if they recycle their own water, and I'm deeply troubled about the notion that they will employ micro-reactors. More investigation is needed on this matter, and residents need to be kept up to date on its finding, and Council does do a good job on this. I appreciate that. And I hope common sense prevails on this matter so that we can have a safe environment. That's all my comments. Thank you.

1:23:45•Speaker 9

Thank you, sir.

1:23:49•Speaker 28

Next speaker is Jamie Salter.

1:23:55•Speaker 9

Good evening, ma'am. Good evening.

1:23:57 – 1:27:07•Speaker 22

I hope you're all well tonight. My name is Jamie Salter. I'm the executive director of Central Texas Theater at the Vivlaze Art Society. You asked for data, so I'm going to throw some stuff at y'all since I only have three minutes. I'm begging y'all to stop cutting the Clean Arts Commission funding. It's killing us, and we're doing our best out here in the streets. Last year, we sold 11,500 tickets over the course of our season, which started in September and ended in August. 44.76% of those were from outside of the city limits. 1%, which I know seems tiny, but it's still 120 people. We're from outside of the state of Texas. I know personally people ranging from Houston, Dallas, Austin, Abilene coming down here to clean to see our shows. We also are bringing actors from Waco, Austin, and surrounding areas to us. They come in four or five days a week for rehearsal. They are spending money. National data indicates that an average ticket holder to a play that goes out on the town spends $38.46 every time they go out if they are local. If they are from outside of the city, that number jumps up to $60.67 every time they go see a show. If there is a thriving arts district, that number jumps up over $100.00. That's 11,500 people spending that much money every time they go out to see a show at VLA here in Killeen. And again, that's 44.76% of them from outside of the city limits. Nearly half of our ticket sales, which I just told you all about, and fully half of our corporate donations are from outside of the city limits as well, which means that money is coming back and being spent here because we have a pledge to spend as locally as possible. We can't always do that. We have highly specialized equipment that sometimes needs to come from outside of the city, but we do spend here as often as we can. We employ people that live here in the city, and we have over 70 contract employees that are all local that are spitting that money back here in the city as well. What the City of Killeen Arts Commission grant allows us to do, also, that I am incredibly passionate about, I was an educator for Killeen ISD for years, is keep our children's program free. The parents of our kids, and there are at least 50 kids in every children's theater production that we do, they don't have to pay any money. Temple Civic Theater charges $250 per kid to be in every one of those shows. Waco charges $225. Georgetown Palace gets up to $1,000. We do three children's productions a year with at least 50 kids in them. We are working hard. If we lose more funding from the Clean Arts Commission, we're not going to be able to continue to do that and keep the doors open. Please, please stop and help us. Thank you very much.

1:27:10•Speaker 9

Okay, Council Member, I mean Mayor Pro Temp.

1:27:15 – 1:27:52•Speaker 12

Thank you. I just want to say thank you for making that statement. When we traveled to NLC, which is the National League of Cities, it did come up in conversation about how cities can generate revenue and tax base. One of the things that we talked about here are we struggle with our revenue generation for our city. A lot of communities across the nation are using their arts district in many, many ways. And so that is what they're concerned. I wouldn't say low hanging fruit because it is difficult to get it going. However, cities are using it extremely well across the nation to generate as a revenue source for their community. So something we should keep in mind, and I'm sure we'll have conversations on that at a later time. Thank you.

1:27:53 – 1:29:03•Speaker 18

Council Member Nashke. Thank you, Mr. Mayor and Council, and thank you for your presentation. I was there this weekend for trolls. Yes, ma'am. I am a big advocate of Vila Arts Center. Yes, ma'am. Yes, ma'am. And supporting that. And this is not only for our youth. They have young adults. They have people in my age range still seasoned. And the types of plays that they have, it's a variety. It's just like people love the rodeo, but there are those of us who love the arts. So for the city of Killeen, we are so diverse and to have the Vela Arts Center and your passion, but what gets me is it free to our youth, to come in our babies, to come in and learn a talent. Everybody will not play football, softball. Everybody's not academic. But to act and to just show your true talents, that is where it starts from. So I commend you for your presentation, and I would hope the council will continue to support the arts. Thank you, Mr. Mayor and Council.

1:29:07•Speaker 9

Madam City Secretary.

1:29:10•Speaker 28

Next speaker is Erin Riddle.

1:29:18•Speaker 23

Hello, City Council.

1:29:19•Speaker 9

Good evening, ma'am.

1:29:20 – 1:31:24•Speaker 23

Hi. My name is Erin Riddle and I was born and raised here in Killeen. Some of my earliest childhood memories are walking through the doors of the Viva La Arts Theater to see a show. More than two decades later, I have watched this theater change lives, including my own. Theater taught me how to stand in front of a room of people like this one and speak. It fostered confidence, creativity, leadership, collaboration, problem solving, and taught me how to work alongside people whose lives and experiences were different from my own. Because theater is not simply entertainment, it's a community of people coming together to create something that none of us could create alone. I've painted sets, designed graphics, sewn costumes, sung and danced, and made lifelong friendships there. I have watched children and adults walk through those doors, find their people, discover abilities they didn't know they had, and become more confident versions of themselves. And in a military community like ours, that sense of belonging matters. The theater has welcomed generations of service members, spouses, and military children. For families who arrive in Killeen knowing very few people, the theater gives them a place to build friendships, find community, and feel at home. It also gives people a reason to come to Killeen. They eat in our restaurants, they stay in hotels, they fill up on gas, and they spend money in our community. I understand that budgets require difficult decisions, but this theater has already weathered funding cuts and potentially losing another $60,000 isn't just a line in a budget. It affects what this organization can produce, who it can reach, and whether something Killeen has spent decades building can continue to thrive. I am asking you to preserve funding for the Killeen Arts Commission so that the next kid who walks through the doors of our community theater has the opportunity to discover what I did. And this year our theater is celebrating its 50th season. The traditional gift for a 50th anniversary is gold. And after... Sorry. After half a century of giving to Colleen, the Central Texas Theatre deserves better than to celebrate its golden anniversary with another funding cut.

1:31:29•Speaker 9

Thank you. Madam Secretary.

1:31:32•Speaker 28

Next speaker is Heather McMillan, and she is virtual.

1:31:38 – 1:33:31•Speaker 20

Good evening, Council and staff. Good evening, ma'am. Thank you for allowing me to speak remotely yet again. I'm speaking today on RS 26142, the sponsorship for the rodeo for five years of $250,000 for $50,000 a year. I truly feel this should be increased to the same amount that we give the Mounted Warfare Museum. That would be $80,000 a year for a grand total of $400,000 for a five-year contract. The reason I suggest giving the rodeo more money is the rodeo offers so much more to the whole city. Many of you spoke of how it's great for veterans and military night, but let's not forget they also have Killeen City staff and KISD nights along with the donations to the food banks. It's not only an opportunity for the city to say thank you to so many citizens, but it also has brought in way more proven tourism revenue than the museum. I would also ask for you all to consider using some of the park and recs funds that were allocated to the Rosa Hartford Community Center, since it's not even open and there's no opening date, to be utilized for the rodeo grounds to add more bathrooms and grandstands for additional seating at the rodeo grounds. The rodeo has a great opportunity to become bigger and better to add more additional resources and revenue to this city. That, in return, will bring in national notoriety with rodeo attendance from all over the world. And this will give this city a great family-friendly event for all citizens. Give them more money. It's a great cause, and they have a proven track record to give the money back to the city and to the citizens. Thank you.

1:33:33•Speaker 9

Thank you, ma'am.

1:33:34•Speaker 28

There are no more speakers, Your Honor.

1:33:37 – 1:34:16•Speaker 9

I'm going to take a 10 minute break. I'm going to call this meeting back to order. We will now go into our regular session. Madam Secretary, consent item. Consider agenda, please.

1:34:19 – 1:36:13•Speaker 28

Consent agenda, item 2, MN-26-027, consider minutes of regular city council meeting of July 7th, 2026. Item 3, RS-26-136, consider memorandum resolution authorizing the award of bid number 27-01. FY27, water and sewer annual supplies to multiple vendors based on awarded unit prices for aggregate expenditures in an amount of $1,040,000 in fiscal year 2027. Item 4, RS-26-137, consider memorandum resolution ratifying a meet and confer agreement with Killian Police Employee Association, FOP Lodge 32. Item 5. RS-26-138. Consider a memorandum resolution accepting the fiscal year 2025 BJA Edward Byrne Memorial Justice Assistant Grant, JAG Grant, and approval of interlocal agreement with the City of Temple and Bell County to administer the grant. Item 6, RS26-139, consider a memorandum resolution granting operating authority to Ambience Limousine and Executive Transportation, LLC. Item 7, consider a memorandum resolution awarding RFP 2626, Demolition and Abestos Abatement, 202 North 24th Street to RMDI Companies, Inc., in the amount of $137,690. Item 8, RS-26-141, consider a memorandum resolution approving a fireworks display application from Big Dog Pyro, LLC, on behalf of Advent Health Medical Center.

1:36:15•Speaker 9

Council, I will entertain a motion for consent items. Council Member Bass?

1:36:22•Speaker 8

Mayor, I make a motion to accept the consent agenda.

1:36:26•Speaker 9

This motion by Council Member Bass is seconded by second Council Member Nash King.

1:36:31•Speaker 18

Second Mr. Mayor.

1:36:33 – 1:37:05•Speaker 9

Okay, is there any discussion? Okay, Council Member. Okay, there is no discussion. All in favor signify by yes. All opposed no. Okay, motion passes 7-0. Thank you, Council. We will now go into our regular session resolutions for individual consideration. Madam Secretary.

1:37:07 – 1:37:21•Speaker 28

Resolutions item number 9, RS-26-142. Consider a memorandum resolution authorizing a five-year sponsorship agreement with Rodeo Killeen for the Killeen Rodeo in the amount of $25,000.

1:37:24 – 1:37:39•Speaker 9

Okay, Council Member, Ms. McNair has reviewed. Would you like to see the presentation again? Okay. All right. Then I will entertain a motion. Council Member Nashking.

1:37:40•Speaker 18

Thank you, Mr. Mayor. I'd like to move to approve RIS-26-142.

1:37:48•Speaker 9

Motion by Council Member Nashking. Second, Council Member Bass.

1:37:55•Speaker 8

I second the motion, Mr. Mayor.

1:37:57•Speaker 9

Okay, is there any discussion? Council Member William? Council Member Brown?

1:38:10 – 1:38:33•Speaker 17

Just clarifying the record that it's $250,000 for the five-year agreement, but also asking the question that should we be in a better situation next fiscal year, could we decide to add money on to what we're giving to the rodeo? And for the record, Mr. Cagle's nodding his head yes to that, so thank you.

1:38:36 – 1:38:57•Speaker 9

Okay, if there's no more discussion, all in favor signify by yes, all opposed, no. Motion passed 7-0. Thank you, Council. Madam Secretary, next item.

1:38:58 – 1:39:10•Speaker 28

Item 10, RS-26-143, consider a memorandum resolution appointing members to vacant, expired, and unexpired terms on various boards, commissions, and committees.

1:39:11•Speaker 9

Okay, Ms. McGowan has went over this. Would y'all like for her to? Council Member Neske? Thank you.

1:39:20 – 1:39:40•Speaker 18

Thank you, Mr. Mayor. There was one that was still up we hadn't decided on, and that was Council Member Ramon Alvarez was my recommendation, and Council Member Brown, she recommended keeping the same people, and my statement was that he has a business, and that's the one we have to decide. Yes. Thank you.

1:39:41•Speaker 9

Thank you, ma'am. So we will, can we, City Attorney, the names again for that Was that the Main Street Board?

1:39:51 – 1:40:11•Speaker 19

For the Main Street Board, yes. The recommendations were to keep the three current members, Daniel Watkins, Tony Ringgold, and Joshua Pemberton. And then there was also a recommendation nominee for Ramon Alvarez. So we have four nominations for three positions that council will need to address before making a motion to approve the item as a whole.

1:40:12 – 1:40:30•Speaker 9

Okay, so we suggest that we just go down each one. Okay. Okay, so let's just call the names out. Recommendations were? Council Member Brown, you recognize?

1:40:30 – 1:40:43•Speaker 17

Thank you. I know that Ms. Ringgold owns a business in downtown. Do either of the other board members currently own a business in downtown that we know of?

1:40:45•Speaker 15

Off the top of my head, I wouldn't know that information.

1:40:50•Speaker 9

Excuse me, Ms. Messier.

1:40:52•Speaker 16

It's my understanding that all three currently own a business in downtown.

1:40:59•Speaker 17

And I thought that was part of the requirement for these businesses, was that they had to have a business in downtown for the main street board.

1:41:07•Speaker 16

It's not a requirement, but my understanding is that all three do.

1:41:11 – 1:41:37•Speaker 17

So, again, I'll go back to you since all three of these individuals... have businesses in downtown because they have started this board. It's new for that sense of stability as they're getting everything going. I would so recommend that we maintain the three representatives that are there. They all have that equal investment.

1:41:40•Speaker 9

Okay, so... All in favor? Council Member Nash.

1:41:48•Speaker 9

I'm sorry. It's first Council Member Brown, then Council Member Nash-King. You're sorry? Okay. Well, I'm looking at this. Council Member Nash-King.

1:41:58 – 1:42:28•Speaker 18

Thank you, Mr. Mayor and Council. I understand my colleagues... perspective on keeping all three of them, and I don't really have a problem with that, but also I think having Mr. Alvarez on there with the knowledge that he has, not only in the business, not only being a fellow council member, but also I think more so than anything, his family, he grew up on that area.

1:50:04•Speaker 9

Okay. Call the meeting back to order. Madam City Secretary.

1:50:12•Speaker 18

Thank you, Councilman Bryant.

1:50:16 – 1:50:34•Speaker 28

Item 11, RS-26-144, consider a memorandum resolution ratifying the city manager's approval of the emergency procurement for the Evan DeSero Emergency Sewer Repair and Contract with TTG Utilities, Inc. in the amount of $146,700.00.

1:50:39 – 1:50:52•Speaker 9

Council, Ms. Ramirez went over this. Would you like to see the presentation again? Okay. I need a motion. Council Member Kimball.

1:50:53•Speaker 5

Thank you, Mr. Mayor. I move to approve RS-26-144 in the amount of $146,700. Motion by Council Member Kimball.

1:53:17 – 1:53:32•Speaker 28

Texas BZBSTX for the excess risk policy stop loss insurance for medical and pharmacy claims under the city's health insurance plan effective October 1, 2026 in the amount of $1,509,582. Council, would you like for Ms. McDaniel to make the presentation? Okay, may I get a motion?

1:53:43•Speaker 9

Okay, I'm not seeing anything. Council Member Kimball.

1:53:47 – 1:54:07•Speaker 5

Thank you, Mr. Mayor. Excuse me, I move that we approve RS26-146 under the medical and pharmacy claim under the city health insurance plan effective October 1, 2026 for an amount of $1,509,582. Motion by Council Member Kimball. Can I get a second?

1:54:07 – 1:54:37•Speaker 9

Council Member Williams. I second it. Okay. Is there any discussion? There's no discussion. Signify. Yes. All opposed, no. Motion passed 7-0. Thank you, council.

1:54:37•Speaker 15

Mr. Mayor. We have another request to take a recess for just a moment. We're having some technical issues.

1:54:45 – 1:55:43•Speaker 9

Okay. Council, if you would please stay near. We'll only take a second. Recess. We'll call the meeting back to order. Okay, we were.

1:55:44 – 1:56:07•Speaker 28

Resolution item 14, resolution RS26-147, consider a memorandum resolution authorizing the submission of a defense economic adjustment assistance grant application to the Texas Military Preparedness Commission in an amount of $5 million for the restationing facility improvements new fiber backbone project.

1:56:11•Speaker 9

Excuse me, but did we complete 13?

1:56:18 – 1:56:30•Speaker 9

We did get the vote. Okay. Okay, Council, would you like to review the presentation again? I need a motion. Council Member Kimball?

1:56:34•Speaker 4

Mr. Mayor, I move that we...

1:56:39•Speaker 5

Move Resolution 26-147 for the DEGAG, the Defense Economic Adjustment Assistance Grant, for the amount of $5 million.

1:56:48 – 1:57:19•Speaker 9

Okay, second. Council Member Nashke? Second, sir. Okay. Is there any discussion? There's no discussion. All in favor signify by yes. All opposed, no. Have all voted?

1:57:28•Speaker 9

Okay. City Secretary, should we vote by hand raising?

1:57:37•Speaker 28

Mr. Bass voted and Mr. Kendrick voted. Mr. Kendrick, there you go.

1:57:44•Speaker 9

Everyone voted? Could you repeat the vote, please?

1:57:50•Speaker 28

The vote was 7-0. Okay. Carried unanimously.

1:57:57•Speaker 9

Motion passed 7-0. Thank you.

1:58:02 – 1:58:14•Speaker 28

Next item, item 15, RS-26-148. Consider a memorandum resolution approving the Killeen Arts Commission grant recommendations for fiscal year 2027.

1:58:16 – 1:58:30•Speaker 9

Council, would you like to review this? Can someone make a motion? Council Member Nashke? I'm sorry. Okay. Council Member Brown?

1:58:34 – 1:58:55•Speaker 17

I'd like to ask a question before I make a motion, if I could. Okay. Ms. Tinglin, do we have any additional money left in the hotel occupancy tax fund from FY26 that we might be able to use towards the arts for next year?

1:58:58 – 1:59:16•Speaker 32

The fund is actually very tight. I will have to look into the funding because they need a lot of operations. I mean, I don't even know if we have a 22% reserve fund balance in that fund right now. So I will have to look into the expenses.

1:59:16•Speaker 17

If that does prove to be that we do have anything available, we could do a budget amendment later, correct? That's correct.

1:59:25•Speaker 17

And with that said, I move to approve RS-26-148. Is there a second?

1:59:33•Speaker 9

Council Member Williams?

1:59:35•Speaker 11

Yes. I second.

1:59:39 – 2:00:01•Speaker 9

Is there any discussion? There's no discussion. All in favor? Yes. Signified by yes. All opposed? No. Motion passed 7-0. Thank you, council. Okay, Madam City Secretary, public hearing.

2:00:04 – 2:00:40•Speaker 28

Public hearing 16, PH26031, hold a public hearing and consider a request submitted by Rachel Shanks on behalf of Quantum 195, LLC, case Z26-13 to rezone approximately 4.88 acres being lot 1, block 1, Walnut Creek Estates, phase 6, from A, Agricultural District, to B3, Local Business District. The subject property is generally located northwest of the intersection of White Willow Court and South Fort Hood Street, Tulane, Texas.

2:00:40•Speaker 9

Good evening, ma'am.

2:00:42 – 2:03:49•Speaker 16

Good evening, Mayor and Council. This item is a request to rezone approximately 4.8 acres on White Willow Court and South Fort Hood Street to B3. Ms. Shanks has submitted this request on behalf of Quantum 195 LLC to rezone the property from a agricultural to b3 with the intent of developing the property as a fuel station and Associated restaurant and retail space the red star on your screen indicates the location of that property This is an aerial of the site You can see it's currently undeveloped and is located on the north side of Whitewillow Court and the west side of South Fort Hood Street. This is a view of the subject property from South Fort Hood Street. This is a view facing north and facing south. This is a view facing west on Whitewillow with the subject property on your right and a view of the adjacent property to the south. And your screen is the proposed concept plan for the proposed development. As you can see, it would include a convenience store with fuel pumps and a proposed retail and restaurant. Properties currently zoned AG. The properties to the north and south are zoned AR1. Properties located within the control growth area on the growth sector map and designated neighborhood commercial on the future land use map. We notified the nine surrounding property owners and we've received three responses in opposition. So on this map you can see that all three of the adjacent property owners have submitted letters in opposition. The opposition on this map constitutes 58.1% of the 200 foot notification boundary. If approved, the proposed development would require an 8-foot masonry screening device along the western and northern property lines in accordance with Chapter 31. Staff does find that the request is consistent with the comprehensive plan and that the proposed development is compatible with the plan's vision to provide neighborhood-scale commercial uses and services to nearby residents, including fuel stations, restaurants, and general retail. We are therefore recommending approval of the request to rezone the property as presented. The Planning and Zoning Commission on August 10th recommended approval of the request by a vote of four to three. There were three adjacent property owners that spoke in opposition to the request during that public hearing. Commissioner Sabree, Jones, and Moss voted in opposition to the motion and noted that they concurred with the neighboring property owners that this is not a suitable location for the proposed use. As I said, the opposition comprises approximately 58% of the notification boundary. And therefore, in accordance with the local government code, approval of this request does require the affirmative vote of three-fourths of the governing body. So I'm happy to answer any questions you may have.

2:03:52•Speaker 9

Bill's amendment, Brown.

2:03:55•Speaker 17

I understand that one of the major points of contention for one of the neighboring properties is that the developer is trying to share a driveway.

2:04:08 – 2:04:31•Speaker 16

It's my understanding that, if I can go back to the location map, there's some question about the access opportunity from Fort Hood. And so the proposal would be to take access from White Willow and... potentially share a driveway. I believe the applicant is here tonight and can speak more to that.

2:04:33 – 2:04:46•Speaker 17

So I can tell you that I cannot support it if we're going to tell a private citizen that they have to share their driveway with a fuel station. I don't think that is something that we should be imposing onto our citizens.

2:04:46•Speaker 16

So the request tonight, as you know, is just for the land use of the property and the development of the property would be determined.

2:04:53•Speaker 17

If you want to go that way, then I don't think B3 is what we should be putting down 195 when it's prime industrial manufacturing corridor. Thank you.

2:05:07•Speaker 9

Council Member Kimball.

2:05:10 – 2:05:22•Speaker 5

Thank you, Mr. Mayor. I think, Mr. Minister, we started to talk about driveway and sharing a driveway before you ended your conversation. What were you going to say about sharing a driveway?

2:05:23•Speaker 16

Just that the item tonight is for the zoning and that the site plan would be reviewed separately from the zoning. Okay.

2:05:37 – 2:06:01•Speaker 9

Okay. Thank you. No more questions, comments? Okay. Thank you, ma'am. Thank you so much. We invite the applicant to come up. Make any comments if he or she is here. Good evening, ma'am.

2:06:01 – 2:09:22•Speaker 29

Good evening, counsel. My name is Rachel Shanks. I have a presentation. I don't know. I don't want to overly repeat what staff had said. We originally brought this property to them while we were evaluating it and had it under contract on whether or not this use complied with the land use in the area and whether or not they would be in support of this use. And after discussions with them, we moved forward. I know there's kind of two big points I wanted to hit. On this track, I think, one, I've been sitting in this council meeting. There's the request for more revenue in this area. And just to give you an idea, if this project does develop out its taxable base, the entire tax revenue would be about $700,000. And to the city of Killeen would be about... 100 to 200 broken up between property and sales tax. The other item is, you know, I'm a local Texan. I've born and raised here. I have met with the landowners. I spent almost an hour with them after the PNZ meeting to hear their concerns. I've met with the northern landowner, and she's here tonight to speak about the driveway miscommunication that's kind of blown up. And where we're at today, we've reached an agreement understanding with her. She can relate to that. I've also spoken to our property owner to the west and his concern. So we're here to be good property owners. owners and neighbors were also here to comply with what the city wants for this area and why they have basically annexed along 195 for tax revenue and comply with that so that's that's where I'm at again I don't want to repeat much of the staff's presentation At the time, I had sent out letters because I hadn't heard back from anybody at PNZ. I have since then spoken to them at this meeting. I am, I guess, proposing two options in talking to Rafael, which is my Western neighbor, is to postpone any sort of vote. He would like to have more time to discuss with me the project and fully understand. And so that's kind of... For tonight, I'm more asking for a postponement. I think it is so important that the neighbors around us understand that I can hear and address their concerns. With Lydia to my north, she had concerns about her dogs and fencing. And screening requirements, we worked with her. We made sure that we would have an agreement acknowledging notification and anything of that nature. And with Rafael, I want to be able to do the same, understand his concerns, explain the project and the process. And so while I hadn't spoke to him before coming here tonight, And that's why I have these two options. I really am leaning more towards I'd like to postpone any sort of vote. I'd like to give more time to the property owners and hear their concerns and address anything that we can reasonably.

2:09:22•Speaker 9

Okay. Do you have any questions for the applicant?

2:09:33 – 2:10:31•Speaker 18

Thank you. Ms. Shanks, you are class act. You know, very seldom, like I stated before, I've been on here since 2017, and I can only recall one other developer or builder that came before us, and the residents were not happy, and they postponed it until they got 100% agreement. And that tells me the character of you, what kind of person you are. I thank you for that. That was a class act right there. I like that. I like that. But great move, great move, because I had my fellow councilwoman, my sister down there, Brown, and my concerns was those concerns. I thank Mrs. Mesher for bringing us back on the agenda item. in reference to it's not about what will be built, it's the zoning of it, and I thank her for that. But postponing it will be a class act until you get all approval. Thank you.

2:10:34 – 2:10:46•Speaker 9

Okay. There's no other questions. Thank you, ma'am. Thank you so much. Okay. I'm now opening up the public hearing. Public hearing is open.

2:10:47•Speaker 28

First speaker is Rafael Garcia.

2:11:00•Speaker 9

Good evening, sir.

2:11:04 – 2:14:11•Speaker 13

Good evening, Mr. Mayor. Good evening, Council. My name is Rafael Garcia. New things for me is this, you know, being the forum before, but not like this for the Army. It's completely different. I'm opposed, one of the name I'm opposed of this project, as you have in your folder, we have three Paso Fino horses. They are critical at this point. We are only 2,500 in all war. We lucky we have three. The point on this one is the construction can affect the environment. How can you say it's lucky when you're in the war, everything around you is different? That's gonna be happen with the horses too. We try to keep this breed alive. With this construction, by the way, put in the side, it's a gas station, and you know from 195 to the end of 195, we have eight gas stations. So this one's going to be nine, plus two in Florence, it's going to be 11. In the 40-minute drive, this is on the side. But our horses are our love. We have those horses forever. Twelve years. The mayor is six years, and the boy, the little one, is five years. We call the little boy. We take care of them. We don't hire anyone to do it. We feed in the morning, in the afternoon, night, we're grooming, we do everything. Because we try to keep our heritage, that is the horses, alive. It's not easy to say Appaloosa, Mustang, or Cole, that's the horses, American horses, and we respect them. But they have plenty, hours only, 2,500 in the world. We try to keep it that way. And my wife is not here. That's my support. She's working. But I know she's going to be with me in this one. The second point is the drainage that we have in our house. I'll give you a photo right there from the side, from the top to the bottom. We're living in the end of the court sack. When we buy the land, we don't know anything about that. We don't know, we are naive about lands, all that kind of stuff. So now we know it's a little bit flourish, every time it's raining a lot there. We made a French drain on the side of the house because a little water there can be affect the foundation. Now with the new construction, the water gonna find the way no matter what. And we need to avoid that. We want to avoid that. It's a warehouse. And the property is beautiful. When you get there, you realize outside, you see all different animals go back and forth. Something that we're dreaming when you retire. This is my space heaven there. I'm fighting for this one. My wife too, plus the animals. It's really heavy for us. I appreciate you listening to me. Any questions, please let me know. That's all I got, sir.

2:14:12•Speaker 9

Thank you, sir.

2:14:13•Speaker 9

You have a wonderful evening. Thank you. Council Member Brown? Sir. Sir. Sir.

2:14:23•Speaker 13

Oh, I'm sorry.

2:14:25 – 2:14:37•Speaker 17

Go ahead. Mr. Garcia, the applicant had indicated that you were willing to sit down and speak with her. Do you foresee that happening and being something you might change your mind over the next two weeks?

2:14:38 – 2:15:18•Speaker 13

It's not changing my mind. It's not changed my mind. It's, of course, I need my partner to make the decision. 40 years marriage, I don't know you guys, but I cannot make it on my own. Thank you, sir. I can. But we're still strong to save our animals. We're really strong about that. And she was right. She talked to us. She sent a letter to us. A little bit late came the mail. It's no problem with that. And she postponed it. I agree with that so I can talk to the First Lady and start talking back and forth. Are we going to be on the NGS or not? I cannot say that now.

2:15:20•Speaker 9

Thank you. Council Member Nesky.

2:15:25 – 2:15:57•Speaker 18

Thank you, Mr. Mayor. Oh, sorry. My question is for Mrs. Mesher, our city attorney. Thank you. Thank you. Is that okay with you, Mr. Mayor? Yes, ma'am. You're welcome. Thank you. Thank you, sir. Thank you. So the applicant stated that she may be postponing it. So once the public, the mayor closes, Mayor Solomon closes the meeting, when do we know if she's going to postpone it before we vote tonight?

2:15:59 – 2:16:14•Speaker 16

Is she already told you she wants to my understanding that she's requested to postpone action so you would still hold the public hearing and then you could Postpone action or table the item until the next regular meeting Yeah, thank you.

2:16:15•Speaker 18

Yes. Yes, ma'am. I

2:16:17 – 2:16:28•Speaker 19

Yes, I think that course of action would be, if the council wants to postpone the item, continue the public hearing, close the public hearing, and then the council can take action, including to postpone the item, if you want.

2:16:28•Speaker 18

Yes, ma'am. Thank you both. Thank you, Mr. Moore. I just needed some clarity. Thank you.

2:16:33•Speaker 9

Madam Secretary, any other names?

2:16:36•Speaker 28

The next speaker is Michael Foligno.

2:16:54 – 2:19:59•Speaker 24

The dimension of basically an endangered species, that's something that I was not aware of. When we consider preservation of heritage, we're all talking about this Main Street stuff and all that. First off, I mean, with this downtown nonsense, in my opinion, you know, this historic district, I don't think you could find 10 people within a mile that could tell you what any of the... I'm making a point, sir. Where you can find 10 people within a mile of here that can tell you why any of these buildings are historic or significant. Meanwhile, I mean, I just found out tonight, 2,500 left on the planet? I mean, with this town, we waste so many opportunities for everything. And largely, that comes from anybody over the years who has sat up here. We've lost Toyota. We've lost Dell. Several other opportunities. As Councilwoman Brown pointed out, that land along 195 is prime industrial. How many gas stations do we need in this town? Another one on the 195 corridor? to remind people, hey, quick stop for fuel for your jobs that exist outside of Killeen, Pflugerville, Georgetown, Austin, some even in San Antonio. I mean, where's all this forward thinking? Every time I say this council over the iterations of the years, oh, we have lots of forward thinking. Where is it? I'm not seeing it, especially not with this. Then you add in the dimension of a very rare horse breed. I just looked it up on Wikipedia and just did a lot of quick reading. I see that one council member finds that very humorous. What do we preserve in this town? What do we save? 195 corridor, that's the last place that we can build anything that can produce real jobs beyond a gas station, a chicken joint, or the odd vape shop. Yeah, they're small businesses on paper, but that's not paying the bills around here. Not for the people. Well, you can get an assistant manager's job at a gas station, and I guess you could do all right. But for crying out loud, knock it off. I'm not against somebody earning a buck, but how flooded in a certain market share do we need around here? Fast food joints. We have articles in the paper celebrating a new chicken joint. I mean, this is small profits, quick returns. That's not a long-term sustainment plan. Use the resources that we have and work around it. I mean, the gentleman here, do you want to be the council that presides over helping to extinguish a species on the planet? I'm not known to be a tree hugger, but I really hate waste. Wasted potential, wasted thought, wasted money, wasted effort. This is a very unique opportunity. I mean, again, I have nothing against anybody earning. I don't know the applicant personally. I don't know anything about her. But come on, use common sense. I would like to see that for once. Anything other than this is a more workable option for the citizens of Killeen, and not just one or two people.

2:20:06•Speaker 9

Council Member McKendrick.

2:20:09•Speaker 34

Can I address the same action?

2:20:10 – 2:20:26•Speaker 4

Yes, you can. Yeah, no. City Manager, I want to know how much land does Kalia own down 195?

2:20:31•Speaker 7

Well, as far as own, we don't own any, but I think you're asking what's in the city limits?

2:20:38 – 2:21:26•Speaker 7

Well, it's a 1,000-foot strip from the middle of the highway, so... I don't know what the total of that would be. As you saw on the map, it's a very narrow strip. The reason behind that narrow strip was, I mean, the political landscapes changed tremendously. The idea at that point was to annex the strip and push your ETJ out as far as possible. Lots of cities did it. It was a very effective tool in the past when cities could annex. don't have that ability anymore. So unless someone voluntarily wants to come into the city limits, that is not going to expand.

2:21:27•Speaker 4

All right. That answered my question. What I wanted to know basically in a nutshell is we don't control it.

2:21:36•Speaker 7

Not outside that 1,000-foot strip.

2:21:38•Speaker 4

Thank you, sir.

2:21:46•Speaker 9

City Secretary.

2:21:47•Speaker 28

Next speaker is Anca Nadeau.

2:21:55 – 2:22:57•Speaker 6

Thank you, Council Mayor. I was contacted by the owner of the property just north of the subject property, and there was a concern about the share driveway. At some point, the developer wanted to somehow convince the owner of the property to the north, that it would be fine to share her driveway. She's completely against that. So for that reason, I was against. And I contacted two of the council members. It was confirmed that she's not obligated to share her driveway. And apparently this situation has been resolved. Now that the horses are being brought up, I don't even know what to think. But I do appreciate the fact that the applicant is willing to pause it and discuss, and that means that says a lot. As it is, like, for me, I'm for it. I think we need the development, but I do appreciate the developer pausing and talking to the neighbors. Thank you.

2:22:58•Speaker 9

Thank you, ma'am. Madam Secretary?

2:23:02•Speaker 28

No more speakers on this item. She's signed up. Yep.

2:23:04•Speaker 1

Let you freeze...

2:23:13•Speaker 9

Thank you, Madam Secretary.

2:23:21•Speaker 9

Good evening, ma'am.

2:23:24 – 2:26:48•Speaker 14

My name is Lydia Fries and I have been living 26 years, no, sorry, 22 years on that property. We moved out so I wanted some rooms for my dogs to run, to roam. We got six acres and we fenced it well and due to the dogs, I did not want to share an entrance. Now that was cleared up. I knew from the beginning on because we had that wide frontage that eventually we would be commercialized. That it's always been in the United States, left and right of the highways, the major ones. You have to the north, you have Copper's Cove to the west. You have Haka Heights to the east. You can only go south. There's 30,000 cars going by every day. It's getting loud. But I knew that. I got that property so if nobody could complain if my dogs bark. But like I said, we were aware that we had that extra wide stretch in front of the house. I mean, of the property. So we were aware eventually it would happen. And when that happens... Like I said, I'm dead set against sharing any kind of entrance. But I'm moving on. And I find another property in the country for my dogs. And this time I will not be next to a highway. So... Yeah. That is... I talked to Ms. Schenk. She is very gracious about paying attention when they build a fence or something, that it's behind me, that my dogs do not, cannot get underneath. And so I'm fine with that. And... I wish her luck. I hope... The other people, I feel sorry for the horses. I tell you that. Because they're not on the highway. They're behind. And that is very hard. And I'm an animal lover. You know? I see how hard they work to keep their animals happy, their horses. I mean, they work hard on it. And my heart is a little bit bleeding, you know? But... Due to the size of the frontage, I was aware that it will happen. And Kyleen has only one way to grow, and that's house. And that's 30,000 cars passing my property every day. It's going to be like Clear Creek. When I first came in 2000, there was nothing. But look at it now. And it's just gross of a city. And I come from a major European city, so I'm used to it. And, yeah, I just hope everybody gets a little bit out of it as much as they can for themselves. And I wish everybody well in the progress. That's it.

2:26:48•Speaker 9

Thank you. Thank you, ma'am. Thank you. Thank you so much, Council Member Brown.

2:27:01 – 2:27:31•Speaker 17

Question for Ms. Messer. So this entire proposed B5 strip mall would be on septic? I believe that's correct, yes. We don't have any... How far is it from the proposed tract to the nearest sanitary sewer line?

2:27:32•Speaker 16

I would have to defer that question to perhaps Mr. Zegers. Off the top of my head, I don't know.

2:27:40 – 2:27:54•Speaker 7

I mean, you can roughly say up to Chaparral, pretty close. The cost to do that, it would probably, it's going to require a lift station would... far exceed the value of the property plus improvements. Feel served to that.

2:27:56 – 2:28:09•Speaker 17

Yes, so that brings other concerns to me. As far as that and then the water service out there is their home.

2:28:13 – 2:28:30•Speaker 7

We don't have a CC in that area. I don't know exactly who it is. It's either West Bell or it's Georgetown. And I think that area that Georgetown has out there is about to transfer as well. But it's not City of Killeen that would be providing water service. And no one has a sewer CC in that area.

2:28:30 – 2:29:52•Speaker 17

And there's no storm water, storm sewer infrastructure out there. No. I think that one of the primary things within our 2040 plan was making sure that before we start going to an area, we have the infrastructure already in place for it. We've told the state... that we're actively working on ensuring that we have zero septic tanks within the city. So to start adding septic tanks for more commercial properties, especially large ones. I understand this is a zoning case, but as a B-3 that wants to be a gas station, that's a lot of toilet flushes. And so I'm a little concerned about that. And again, I do not want to see our 195 corridor become a tract full of gas stations and strip malls. I think the value of it is in the ability to market it for manufacturing and industrial. The more lots that we put as B3 and B5, the less opportunity we have for manufacturing and industry.

2:29:52•Speaker 9

Thank you. Council Member, your time's up. Council Member Nash-King.

2:29:56 – 2:30:43•Speaker 18

Thank you, Mr. Mayor and Ms. Mesher. The issue we're discussing, Mr. Mayor, we've got to stay on the agenda. It's zoning. I don't want to say anything, and I have the utmost respect for Councilwoman Brown, but we're voting on zoning. We need to stay on zoning. Anything about how it developed after that is not an agenda item. The nice lady has already stated that she's taking it off the agenda, which she's going to postpone it. So I'm just asking, Mr. Mayor, for any item moving forward, that we stay on the agenda. And if we're talking about public hearing, it's zoning. It has to be zoning. Thank you.

2:30:46•Speaker 9

Thank you. Thank you, Ms. Bishop. Madam City Secretary.

2:30:55•Speaker 28

Now there are no more speakers.

2:30:57 – 2:31:17•Speaker 9

Okay. There's no more speakers in public hearing. It's closed. Okay, Madam City Secretary. Next item. Oh, I'm sorry. I'm sorry. My apologies. Council Member Nesky.

2:31:20•Speaker 18

Thank you, Mr. Mayor. I move to approve postponing the council voting on PH-26-031 rezoning.

2:31:35•Speaker 9

Is there a second, Council Member Kendricks?

2:31:45•Speaker 9

Is there any discussion? Yes. Council Member Pro Temp.

2:31:52•Speaker 12

To council member Nash-King, it was recommended to postpone to the next council meeting. Is that the recommendation, ma'am, to be included in your motion?

2:32:00•Speaker 18

No, ma'am. Ms. Mesher, no, the applicant gave a date. Did they give one? Yes, ma'am. I'm sorry. Next council meeting?

2:32:09•Speaker 12

That was the recommendation. I can confirm that, but that was the recommendation.

2:32:12•Speaker 18

Okay. Kendrick, rescind, please. Thank you, madam. No, thank you for being positive and pointing that out to me.

2:32:19•Speaker 4

I'll rescind my motion.

2:32:23•Speaker 4

I rescind my second.

2:32:25 – 2:32:42•Speaker 18

And I rescind my motion. So Mr. Mayor will say it again. Thank you. I'd like to move to approve postponing RS26-031 until our next council meeting, which is on.

2:32:44•Speaker 9

What date is the next council meeting?

2:32:47•Speaker 18

October 6th. October 6th.

2:32:50•Speaker 7

Well, I think it's better if you say the next regular council meeting because you've got an agenda item tonight where you're talking about changing the date because of the conflict.

2:32:59•Speaker 18

The next regular council meeting. Thank you, Mr. King, because you're right, that is on the agenda.

2:33:05•Speaker 9

Okay, so a motion by Council Member Nash-King. Is there a second? Council Member Kendricks.

2:33:13•Speaker 4

I'd like to second that motion.

2:33:15•Speaker 9

Okay, is there any discussion?

2:33:17 – 2:33:52•Speaker 9

Thank you all for that correction. Council Member Williams? Okay, is there no discussion? All in favor signify by yes. All opposed, no. Motion passed. 6 to 1 with Council Member Brown opposing. Okay, let's go to Madam Secretary. Next item.

2:33:54 – 2:34:39•Speaker 28

Next item, number 17, PH-26-032, hold a public hearing and consider city-initiated request, case Z26-14, to resume approximately 25.1. acres out of the G.W. Allison Survey, abstract number 52, and R.A. McGee Survey, abstract number 561, from A, Agricultural District, and B3, Local Business District, to B4, Business District, with a CUP, Conditional Use Permit, for an automotive wrecking and salvage yard. The subject property is locally addressed at 12077 South Fort Hood Street, Killeen, Texas.

2:34:40•Speaker 9

You have the floor again, Ms. Messier.

2:34:43 – 2:38:05•Speaker 16

Thank you, Mayor and Council. This item is for consideration of a city-initiated request to rezone the property at 12077 from A, agricultural, and B3 to B4 with a conditional use permit for an automotive wrecking and salvage yard. As you know, during your regular meeting on July 21st, Council approved a motion of direction for staff to bring back a city-initiated rezoning of this property. The existing business is considered legal nonconforming and is therefore subject to the provisions in Chapter 31 that state that a nonconforming structure cannot be expanded or rebuilt in case of total destruction. Approval of this item will bring the current use of the property into compliance with the zoning ordinance. The red star on your screen indicates the location of that property. The blue outline indicates the boundary of the subject property. As you can see, it's zoned a combination of agricultural and B3. This is an aerial of the site. This is a view of the subject property from South Fort Hood Street facing west. View of the property, again, from South Fort Hood Street. View facing north and facing south. Property is located within the neighborhood infill area on the growth sector map and designated regional commercial on the future land use map. Property owner did submit a signed consent form for the city initiated rezoning on August 3rd. We notified the property owners of 32 surrounding properties regarding this request and we've received four written responses in support. This map shows the notification boundary and the green stars indicate those properties that have submitted letters in support of the request. ZAF's recommendation is for approval of the city-initiated rezoning to be for with a conditional use permit subject to the following six conditions. First, that use of the property as an automotive wrecking or salvage yard is allowed to include storing, dismantling, crushing, recycling, and would be permitted within the boundaries of the existing 25.101-acre property. That storage of parking and vehicles on unimproved surfaces is permitted within the boundaries of the existing property. that additional accessory structures can be added within the boundary of the property subject to building code requirements and approval of applicable permits. That replacement of the existing screening device is not required, but that expansion of the automotive, wrecking, or salvage yard beyond the boundaries of the existing property would require the business to come into compliance with all applicable city standards, including but not limited to landscaping, screening, lighting, signage, and all weather surface parking requirements. Five, that the conditional use permit may expire or be repealed in accordance with Chapter 31. and that violations of any conditions imposed by this ordinance or other requirements of the Code of Ordinances may result in revocation of the CUP. Planning and zoning on August 10th, recommended approval by a vote of 7 to 0, and I'm happy to answer any questions you may have.

2:38:07•Speaker 9

Council Member Brown.

2:38:11 – 2:38:49•Speaker 17

I'm sorry, I just thought about the fact. Under the conditions and the uses that are applicable, will that still allow the applicant to sell the secondhand parts from the dismantled vehicles? Yes. And would it still allow them to do the used car sales that they have on the property? The underlying zoning would be B4, so I would say yes. Okay. I just wanted to clarify that and make sure that there's no part of their business that we would be interfering with.

2:38:49•Speaker 16

The conditional use permit's an overlay over B4, so I would say that any use that's allowed by right in B4 is also allowed.

2:38:54•Speaker 17

Okay. I just wanted to make sure we had that clarified. Thank you.

2:39:01•Speaker 9

Okay. If there's no other comments, we'll open public hearing. Public hearing is now open. Madam Secretary, call the first name.

2:39:13•Speaker 28

First speaker is Michael Fornino.

2:39:27•Speaker 24

It's actually a good idea. Approve it.

2:39:33•Speaker 9

Madam Secretary.

2:39:39 – 2:39:53•Speaker 28

Mrs. Freeze, did you want to speak to this one as well? I apologize. Did you wish to speak to this item about the salvage yard? No. Okay, thank you. There are no more speakers. Mr. Mayor.

2:39:57 – 2:40:11•Speaker 9

I apologize. Okay, there's no more speakers. I'll now close public hearing. Council in motion. Councilmember Kimball.

2:40:13•Speaker 5

Thank you, Mr. Mayor. Move that we approve PH 26-032.

2:40:21 – 2:40:43•Speaker 9

Councilmember Nash King. Second. Any discussion? There's no discussion. All in favor signify by yes. All opposed no. Motion carries 7-0. Thank you, Council. Madam Secretary, next item.

2:40:49 – 2:41:29•Speaker 28

Item 18, PH-26-033. Hold a public hearing and consider an ordinance amending the fiscal year 2026 annual budget of the City of Killeen to increase revenue and expense accounts in multiple funds. And the ordinance caption reads, an ordinance of the City Council of the City of Killeen amending the FY2026 annual budget of the City of Killeen to increase revenue and expense accounts in multiple funds, repealing all ordinances or parts of ordinances in conflict with this ordinance, providing for a savings clause, and establishing an effective date.

2:41:31•Speaker 9

Hello, ma'am.

2:41:31•Speaker 21

Hello, Mayor and Council.

2:41:33•Speaker 9

Good evening.

2:41:35 – 2:50:22•Speaker 21

This item is the FY2026 budget amendment for the year end. the city's financial governance policies and city charter authorized council to amend the budget by ordinance. Because this amendment adds or increases appropriations, the city published the required public hearing notice on September 10th. The amendment addresses 18 different items, and these include funding items previously directed by council, some grant reimbursement activity, insurance claims, inter-fund allocations, and other year-end adjustments. The general fund includes reimbursement revenues for overtime with the fire department deployments, increased risk management costs, council-directed funding for homelessness services, funding for claim costs exceeding insurance proceeds, and council-directed funding for four months of families in crisis services and additional funding for Innovation Black Chamber of Commerce. It also includes a library subscription transfer from the IT fund, a street sweeper transfer to the aviation fund, and an assistance to firefighters grant funding. The General Fund Amendment totals $1,771,847. It includes approximately $939,000 for reimbursable fire deployment overtime, just under $253,000 for increased risk management costs, and $200,000 for homelessness services as directed by Council on August 18th. It also includes $155,000 for claim costs exceeding insurance proceeds, $116,000 for families in crisis as directed on August 25th, and $50,000 for IBCC as directed on August 18th. The remaining adjustments are approximately $45,000 for the library subscription, $40,000 for the street sweeper transfer, and just under $14,000 for the grant-funded fire equipment. Of the total amendment, $1,038,064 is supported by reimbursements and interfund transfers, while $733,783 is funded from general fund balance. The HOT Fund Amendment appropriates $20,000 received from the Sister Cities OSAN Organization and the corresponding professional services expense related to the lease termination authorized under Resolution 26-105. The revenue fully offsets the expenditure. The Emergency Management Fund Amendment appropriates $55,977 in federal Homeland Security grant revenue and the corresponding equipment budget. The grant was previously accepted by Council via Resolution 26127. The adopted budget for the law enforcement grant fund included an estimate for the 2025 Justice Assistance Grant. The actual award exceeded that estimate, so this amendment appropriates the remaining $7,209 of grant revenue and the corresponding pass-through expenditure. Jet fuel sales were substantially higher than anticipated in the Aviation Fund. This amendment increases jet fuel revenue by $3.2 million and the related cost of goods sold by $2.9 million. It also increases aviation's risk management allocation by just under $13,200 for higher insurance and personnel costs. After these adjustments, $286,801 of the additional revenue will be added to aviation fund balance. Golf course revenue exceeded expectations despite the planned closure for upgrades. This amendment recognizes $326,585 in additional revenue. The revenue supports $281,405 in operating and maintenance cost and a $10,000 transfer to the risk management fund for an insurance claim deductible. The remaining $35,180 will be added to the golf course fund balance. The next three slides, solid waste, water and sewer, and drainage, reflect each fund's share of the increased risk management allocations for higher than budgeted TML insurance premiums, personnel cost, as well as claim cost exceeding the insurance proceeds. These increases are funded from each fund's respective fund balance. solid waste fund amount $61,721, water and sewer $116,175, and drainage $9,341. For the risk management fund, the amendment totals $1,324,296. Funding comes from $706,077 in insurance proceeds and $196,100 in transfers from the affected funds with insurance claims and $422,119 in increased interfund transfers. On the expenditure side, the amendment adds $902,177 for claims and damages, $407,119 for higher Texas Municipal League insurance premiums, and $15,000 for personnel cost. The amendment The Information Technology Fund moves the previously mentioned $45,463 from the Information Technology Fund to the General Fund for the library's OCLC subscription. The amendment reallocates existing IT appropriations and does not increase the fund's total budget. The governmental CIP fund amendment appropriates $437,400 in reimbursement revenue from Bell County and the corresponding traffic signal expenditure for the Chaparral Road Traffic Signals Project. Council authorized this project under Resolution 26087. We're almost to the end. The Aviation CIP Fund Amendment appropriates $75,000 in Fort Hood IGSA revenue and the corresponding equipment budget to purchase a tractor and attachments for airfield maintenance. It also records the previously mentioned $40,000 transfer of the sweeper asset from the general fund to aviation. The asset transfer reallocates existing aviation appropriations and does not increase the fund's total budget. This amendment appropriates $20,000 from the water impact fee fund and $20,000 from the wastewater impact fee fund to pay the required impact fee audit. The total fund balance appropriation is $40,000. Last but not least, the proposed year-end amendment increases the FY2026 budget by $7,123,570. New revenue supports $6,484,531 of the amendment, and the remaining $639,039 represents the net use of fund balance across all affected funds. After accounting for the carry forward, the mid-year, and now this proposed year-end budget amendment, the total amended budget for 2026 will be $360,507,701. Our recommendation is to hold the public hearing and take action on the ordinance amending the FY2026 annual budget. I'm happy to answer any questions.

2:50:26•Speaker 9

Okay. They're on Councilmember Kimball.

2:50:32•Speaker 5

Thank you. Great work. I just got one quick question. The substantial increase in the jet fuel, is that because of prices or activity?

2:50:42•Speaker 21

I will have the Executive Director of Aviation come forward.

2:50:47 – 2:51:03•Speaker 7

It's mostly usage, some price. We've had significant increase. Yeah, we have a lot of different tenants out there now. I mean, that's a huge increase. It is massive. Okay, and credit to to Mike and all of his people that they at the Aviation Department. Okay, that's all I think.

2:51:03 – 2:51:23•Speaker 9

Thank you, sir Thank you, thank you so much Thank You mr. Wilson Okay Council Have you said that we're going to open up public hearing public hearing now open madam secretary I

2:51:28•Speaker 28

We have no one signed up for this public hearing, sir.

2:51:32•Speaker 9

Public hearing is now closed. Council Member Kendricks.

2:51:40 – 2:52:43•Speaker 4

I would like to say before we allot the excess fund balance, I know we must complete an audit first. We currently have what the estimate was that we have available fund. Therefore, I would like TO MOVE NOT TO AMEND THE PHYSICAL YEAR 26 ANNUAL BUDGET UNTIL AFTER WE DO AN AUDIT. THE MOTION THAT I MADE THAT WE I'll repeat everything I said. Before we allot the excess fund balance, I know we must complete an audit. Currently, we have what she just said as an estimate of the available fund balance. Therefore, I move to amend, not to amend the fiscal year 2026 annual budget until after the audit.

2:52:44•Speaker 9

Okay, is there a second?

2:52:51 – 2:54:38•Speaker 18

Thank you. I'm going to second that motion because I second the motion, and I still have my two minutes, but I just want to make a statement. I think it's very important that we really consider moving forward in our next budget as it is so many constraints. And we're moving so fast, Mr. Mayor, that I think a thorough audit – what we want to allocate out should be done and then once it's done let's really look at if this really how do we have to spend everything because we have revenue don't mean we have to give it out we I think right now I'm just not comfortable and I'm glad you mentioned it Councilman Kendrick because I was going to mention something similar but since there's already a motion I'm just going to go with your motion that we should we should we should halt right now and do the do an audit make sure we have what we need and then that's just Just take a breather before we even move forward. I know there are some items on there with our police fire department, but it's still this money left over. So it is left over. So I agree with Councilman Kendrick, but I look forward to hearing the other council members' perspective on this, how they feel about it. But my real concern is our budget and how tight it is, and do we need to put more money somewhere else other than where we have it now. Those are just my general overall concerns. Thank you.

2:54:41•Speaker 9

Councilmember Brown.

2:54:43 – 2:56:38•Speaker 17

I think maybe my peers misunderstand this item. This isn't taking everything that is left over and moving it to anything. These are primarily costs that we have already incurred. These are decisions that the council has already made regarding this money. If we were to disapprove this or withhold this and do an audit first, we would fail that audit because our pluses and minuses would not add up. This isn't situation where we're using every little bit of revenue that we have but in a government budget you have to account for every penny you bring in and it has to be put into either an expense or a fund balance. So it appears as if every penny is being spent on even when we have savings that is being set aside. I think it would be highly irresponsible of the council to delay a vote on this or to disapprove this amendment to the budget It will cause us to fail an audit. This is not just us deciding where we might want to put money. This has already either been spent or received or allocated the money that is discussed about the fire department. That is overtime that we've already paid, and that's money we've already received for those deployments that we've done. So I think there might be a misunderstanding about what this budget amendment actually is. But I really think we need to reconsider that and make sure we approve this.

2:56:44 – 2:57:35•Speaker 7

Thank you. Ms. Brown is mostly correct on that. A lot of this stuff is just reflecting action that the councils are already taking. And on many of these items, we would get notes on the audit. If the only thing you're worried about is the use of fund balance, you should talk about that, move that out, talk about it separately, not deny the whole thing because the vast majority of this as Miss Brown said their actions already the council's already taken and we need to we need to account for that so we have a valid complete audit thank you sir council member Kendricks

2:57:38 – 2:57:53•Speaker 4

What I'm going to do, Mayor, I'm going to rescind my motion, and I'm going to make another motion, but I need to rescind it first. Okay. City Attorney, that process?

2:57:54•Speaker 19

Yes, if Council Member Kendrick wants to rescind and Council Member Ashton wants to rescind. I rescind my second.

2:58:01 – 2:59:42•Speaker 4

You may proceed, sir. All right. I'll make sure I'm getting this here correct when I talk about it. I'm talking about the excess funds. I'm trying to get this correct. When we talked about the excess funds that was left over at the year end. and we're talking about giving other funds or allocating these funds, but I also know we have a lot of things that's coming up with the legislative session, and I think we need to hold on to as many funds as we have right now before we let all our funds go on different things. That's kind of where I'm at with that. So I'm going to make a motion that the last two things that we, with the excess funds, that we, I want to make a motion that everything be funded with the exception of the $200,000 to armor guard the $200,000 that was allocated along with the $50,000 to IBC. I would like to make a motion that we hold on to those funds for right now.

2:59:48•Speaker 9

There's a motion on the floor. Is there a second? I have... Council Member Kimball?

2:59:58•Speaker 5

No, I was on a request to speak. I did not second that.

3:00:01•Speaker 9

Council Member Brown?

3:00:03•Speaker 9

Council Member Nash-King?

3:00:04 – 3:00:34•Speaker 18

Yes, I second that motion, but with that being said, Mr. Mayor, I wanted to ask Mr. Cager, was there any other things that we have not already voted on, funds that was elsewhere that we have not voted on to use them, if it is to be added on? I don't want to take away from anything we voted on. If we already voted on it, that's a bill. So I'm going to second his motion.

3:00:34 – 3:00:46•Speaker 5

Point of order real quick. There was a list to speak, so does that list no longer exist? What happens here, Mr. Mayor? We had a motion, then a self-discussion.

3:00:48•Speaker 18

I haven't seconded the motion yet. So that's not true. I'm trying to get clarity.

3:00:53•Speaker 9

Excuse me. Go ahead. He made the motion. You second it.

3:00:59•Speaker 18

No, sir. I was trying to get clarity before I second the motion. What did he mean? Is it only those two items, or is there something else?

3:01:07•Speaker 9

We need a second. The motion is on the board. Okay, I second it. I second it. Okay, now it's open for discussion.

3:01:14•Speaker 18

It's down yonder on that end. Campbell, Dan Brown.

3:01:16•Speaker 9

Council Member Campbell.

3:01:18•Speaker 5

Who's the mayor here? Who's the mayor?

3:01:21•Speaker 9

Councilman McKimble.

3:01:22 – 3:01:39•Speaker 5

Oh, thanks. I appreciate that. So, Mr. Mayor, this council has voted for ten items. We voted. We voted for those items. Are we going to unvote them now? We can't unfund something that we already voted for. I just need a little clarity on that.

3:01:39•Speaker 4

We didn't fund them.

3:01:43 – 3:01:56•Speaker 5

We voted with the ten items on page two or three of this. amended. We voted on it. Talked to our citizens. Voted on them. Now we're going to not fund the things that we voted for? I just, I don't think that's right.

3:01:57•Speaker 9

Well, I don't understand it. City Attorney, would you?

3:02:03 – 3:02:17•Speaker 19

Those motions were motions of direction to include in a budget amendment to come back free, but you have to take formal action to do that in a resolution, which is you never had a resolution in front of you before today on the two items. That's correct.

3:02:17•Speaker 5

So at some point we had the fire department reimbursement for overtime. We voted on that.

3:02:22•Speaker 19

You made a motion of direction to include it in an item to come back to council for fund balance. That's what's happening today.

3:02:28 – 3:02:50•Speaker 5

Okay. So this council, so now they want, so the motion is to not fund the things that we agreed upon? No. The audits, that's off the table, but we're not going to unfund the homeless and the IBCC. Is that the motion?

3:02:52 – 3:03:04•Speaker 9

That is the motion on the floor. Okay, Councilmember Brown, we're still in discussion.

3:03:04 – 3:05:08•Speaker 17

Respectfully, I'm going to go back to this. Councilman Cantra gave me a hard time one day saying that we can't just go back and change a vote because we don't like the way it came out. The rest of the council, the majority votes, voted in favor of funding each and every single one of these things. Just because you dislike the outcome of that vote now doesn't mean when it's time to do the budget amendment, we go back on that. If you want to bring it back on a future agenda item, bring it back on a future agenda item and do a different budget amendment in the future. But these are things that we have all already agreed on. She said we gave motions of directions on it, which means that that was a vote of the council to say this is where we want staff to allocate this money to. That is a vote. That is a vote. Motions of directions are still votes. That is us directing staff, go do this. The majority of the council said, yes, this is where we want to put the money. To come back at this point in time and be having this discussion is inappropriate. We do also, by the way, that $200,000 is earmarked for homelessness. So that is money that we have already scheduled to come back and discuss appropriating it on October 20th. It hasn't necessarily been spent yet. But we have to have it in the budget to have it set aside to have the discussion as to whether or not we're going to spend it. That's all this amendment is doing. So to come back and say, I don't like the way that the council voted and decided to spend the money, so let's decline and deny the amendment is contradictory to everything you've been complaining to me about.

3:05:09•Speaker 9

Thank you, ma'am. Your time is up. Council Member Bass.

3:05:13 – 3:05:32•Speaker 8

Mr. Cagle, on the slide where it says programs, $200,000. Yes. We're still just earmarking that $200,000. Yes, sir, that is correct. We're not making a vote tonight to give it to anybody. We're just earmarking it. Thank you, sir.

3:05:34•Speaker 9

Council Member Kendricks.

3:05:39 – 3:06:39•Speaker 4

Okay. I will say I misunderstood that just a little bit and that I guess next week, no, the next regular scheduled meeting, we will vote on that. I'm not trying to change anything that we voted on. My whole thing was... Looking at this from a different perspective, because we talk about different agencies, and I know Councilmember Kimball talked about that. So maybe I jumped the gun a little bit, but I guess I actually got my point across of why I jumped the gun. So I'm okay with what you said. I'm not fighting that. I'm not trying to change anything. So I'm okay with what you said. So I'm glad you... Nothing. That's it. I'm not going to...

3:06:39 – 3:06:51•Speaker 9

Okay. We're still in... Is there any other... Mayor Pro Tem? That's it, sir. Okay. Okay. Council Member... Okay.

3:06:54•Speaker 9

All right. If there is notice, Council Member Nesking?

3:06:59•Speaker 18

To understand, is this a motion on the floor or it's not?

3:07:03•Speaker 9

It's a motion on the floor.

3:07:06 – 3:07:25•Speaker 18

And the motion that's on the floor is that the two items, one is the $200,000 and the other one is $50,000, what we're going to do with that? That's what I'm trying to understand, the motion.

3:07:27•Speaker 9

City Attorney, will you repeat the motion, please?

3:07:29 – 3:07:47•Speaker 18

Because I heard the word earmarked. So is it something we cannot vote on, we can vote on, not to make it part of this budget to give out, or it's just going to stay there? That's what I'm trying to get a better understanding of the motion.

3:07:49 – 3:08:05•Speaker 19

Well, I'll repeat the motion, and then maybe we'll get some clarification. Okay, thank you. So the motion on the floor is to approve everything as presented and fund everything except for the $200,000 that was earmarked for Armor of God and the $50,000 to IBCC.

3:08:08•Speaker 9

And remembering what, again, we are just – Could you explain it again? Yes, sir.

3:08:17 – 3:08:59•Speaker 7

I don't think the council ever specifically said armor of God. It was for homeless. So if this motion were to pass, we would pull that $250,000 out of this budget amendment. It would remain in fund balance. So it's in... um it would not it would not be part of this amendment there would be nothing that would keep the council from changing their mind again in the future and saying doing it but uh that's what would it would happen if if there are a majority vote to remove those two items from this budget amendment it would be uh it would not be earmarked and it would remain in the fund fund balance

3:09:00 – 3:09:15•Speaker 9

Okay, but we, I'll teach council member, but Mr. Kegel, we, the council appropriated or they said this is what they want to see.

3:09:15•Speaker 7

Yes, sir. And that's why we put it in this amendment.

3:09:18 – 3:09:30•Speaker 9

As a whole, as a whole council, right? We did not. Make the final vote. Right. But said this is what we want to do. We want to see IBC. We want to see the $200,000 for shelter.

3:09:31•Speaker 9

Okay. For homeless. Yes. Council Member Nesking.

3:09:40 – 3:10:44•Speaker 18

No, this is my last time. Okay, this is my last time, and I just want to make clarity why I second that. It doesn't have anything to do with the homeless shelter. It doesn't have anything with the homeless services. This $250,000 needs to be on reserve in case we need to pull on this because one thing facility is trying to get there the other facility has agreed to extend till December and if we don't have anywhere when December come we're going to need funding so I didn't say no I just said not now to hold on to it and wait to make sure that we have somewhere funded in case the other location is not ready. There is no guarantee on anything. And I don't like just putting money on the standby just a what if can. We don't even do that in our own everyday budget. So I just think we should put it on reserve and tell. And with that being said, Mr. Mayor, I call for the vote.

3:10:45 – 3:12:05•Speaker 9

Okay, call for the vote. Okay, all in favor. Is there a second? Is there a second? There is. There's no second. Is there a second Council Member Williams? I second. Second by Council Member. Yes. All in favor? If there's no discussion? It can't be. Okay, the motion fails 43. All right. So should we go back to discussion? Yes, sir. Yep. Okay. I do not see any. Council Member Bass, thank you.

3:12:08 – 3:12:22•Speaker 8

Yes, sir. Mr. Cagle, if we include the $200,000, We still do not have to hand that out. Is that correct? That is correct. Thank you.

3:12:25•Speaker 9

Mayor Pro Tem.

3:12:27 – 3:12:38•Speaker 12

And again, can you just state for the record that that $200,000 was not directed. We changed that from one particular organization to homelessness in general for anything that might come up as it relates to that particular issue.

3:12:38•Speaker 15

Yes, ma'am. That's my understanding. Thank you. Thank you very much.

3:12:44•Speaker 9

Council Member Nashke?

3:12:46 – 3:13:07•Speaker 18

I rescind my second. I got some clarity, and that's all I was trying to get in all this bad attitude, and I wish Council respect each other. I just wanted clarity, and thanks to Councilwoman Gonzalez, Council Member Bass, and Brown for getting that clarity, and Mr. Kager. That's all I wanted, clarity, and I rescind my second.

3:13:09 – 3:13:33•Speaker 9

Okay. Council Member Nashke has rescinded her second. If there's no second that motion fails. Bill OK. OK, uhm. So we need the Councilman Brown.

3:13:38•Speaker 17

I moved to approve PH dash 26 dash 033.

3:13:44•Speaker 9

Okay, is there a second? Second. Council Member Bass?

3:13:49•Speaker 8

Ms. Nash-King already seconded. Oh, no, I guess she's not recognized. I second it.

3:13:54 – 3:14:20•Speaker 9

Okay. Is there any discussion? Okay, Council. Okay, if there's no discussion, all in favor signify by saying yes. All opposed, no. Motion passed 7-0. Thank you. Madam City Secretary.

3:14:28 – 3:14:48•Speaker 28

Now we go into discussion items. Discussion item number 19, DS-26-080. Discuss donation funds for the proposed Killeen Civic and Conference Center KCC fountain.

3:14:49•Speaker 9

Ms. McNeil, you have the floor again. Hello again.

3:14:53 – 3:16:25•Speaker 3

I'm back. In support of the city's 125th anniversary celebration in 2007, so we're talking about funds that we've had approximately 19 years, donations were raised to construct a fountain at the Killeen Civic and Conference Center. The fountain never came to fruition. There's a balance of $21,558. In 2022, the city auditor completed a donations fund audit. It was determined that the city is not under a contract. contractual obligation to construct the original fountain. Additionally, it was recommended that use of funds honor the original intent of enhancing the public space. So potential improvements include updated signage. enhanced landscaping, benches, other low maintenance beautification enhancements, and if approved, staff will develop a project scope that reflects the needs of the garden and the community. In your packet with this presentation, you were able to see some AI generated visuals of what this could look like. Staff recommends that the City Council provide direction to allow staff to pursue the use of the existing fountain funds to enhance and beautify the community garden at the Civic and Conference Center. And that concludes the presentation.

3:16:28•Speaker 9

Council Member Bass.

3:16:34 – 3:16:47•Speaker 8

I make a motion to... Provides direction to allow the staff to pursue the use of the existing fountain funds to enhance and beautify the community garden.

3:16:48 – 3:16:59•Speaker 9

Is there a second? Council Member Nash-King? Second. Okay, open for discussion. Council Member Nashking.

3:17:00 – 3:17:11•Speaker 18

Thank you. Mr. Mayor, have you contact, I mean, not you, Mr. Cager, have you spoken to the committee that started the foundation during that time?

3:17:12•Speaker 7

No, ma'am. I apologize. I did not do that.

3:17:15•Speaker 18

All right. Thank you.

3:17:18 – 3:17:43•Speaker 9

Is there any other discussion? If there's no other discussion, all in favor? Signify by yes. All opposed, no. Motion carries 7-0. Thank you. Thank you, ma'am. Madam Secretary.

3:17:43•Speaker 28

Next discussion, item number 20, DS-26-081. Discuss proposed data center standards.

3:17:54•Speaker 9

Hello again, ma'am.

3:17:55 – 3:25:21•Speaker 16

Hello again. Mayor and Council, this is a presentation on data centers. As most of you know, on August 3rd, Governor Abbott announced a temporary halt on new data centers and directed the PUC and ERCOT to audit all data center permits. The following day, on August 4th, Council approved a motion of direction to bring back a discussion item regarding data center standards. Data centers are not currently listed as a use category in our zoning ordinance. So that is to say that there's not a place in the zoning ordinance that specifically does or doesn't allow for data centers. I will say that not all data centers are created equal. They vary greatly in terms of size, electricity consumption, water consumption, noise impacts, etc. So here what we have is a sort of list of the Positive characteristics and potentially negative characteristics of data centers Again, not all data centers are the same but generally speaking the positive characteristics include increased property tax revenue they have a typically lower costs to provide services than traditional commercial or industrial developments and particularly as it relates to calls for service, traffic impact, etc. It also can spur local infrastructure upgrades to water, electrical, and fiber, and provide for temporary construction jobs. Some of the potentially negative impacts of data centers include water usage, demands on the electrical grid, environmental impacts, including noise and heat, and they can provide few permanent technical jobs. Again, not all of them are the same, and so sometimes the water usage and the demand for electricity varies. But data centers have three different Well, two main types of cooling systems. There's the air cooling systems, which use fans and air conditioning to cool the equipment. This does have the potential for noise impacts. And then there are water cooling systems, and there are different types of water cooling systems. The two primary ones are evaporative cooling, which uses a significant amount of water. And then there's a closed-loop system, which uses... less water and typically has less noise associated with it as well. Both types of cooling systems typically come with a backup generator, which again has the potential for noise impacts. Here we've prepared a comparison chart of data centers of varying sizes to other types of commercial or or just we include a single family, so other types of development. And so you can see here that data centers have a comparatively low impact in terms of traffic. The vehicle trips per day for data centers are comparatively low. whereas the property value or the ad valorem tax value associated with data centers is significantly higher than other types of development. So what we've proposed to do is sort of break data centers down into three categories, small, medium, and large, because if we're going to talk about zoning standards and where data centers are appropriate or not appropriate. It's important to understand the size and the scale of those data centers. So what we've done is we've come up with three potential tiers of data centers. So this is an example of what we would consider a small data center. These are the specs for the proposed NG research lab on South Fort Hood Street. This is a picture that was provided by the applicant. This is a 10 megawatt data center. about 8,800 square feet on about two and a half acres. This is an example of a medium-sized data center. This is the Opidan Data Center in Temple. It's a five megawatt data center at 60,000 square feet on approximately 10 acres. And then this is an example of what we would consider a large or hyperscale data center. This is a rendering of the Rowan Data Center, also in Temple. 300 megawatts, 500,000 square feet, and 700 acres. So this one is enormous compared to, for example, the one that we're looking at on South Fort Hood Street. So again, proposing three tiers. So what we've come up with is small data centers would be up to 10 megawatts, up to 10,000 square feet, and up to five acres. Medium would be up to 100 megawatts, up to 100,000 square feet, and five to 50 acres. And then large would be over 100 megawatts, over 100,000 square feet, or over 50 acres. This is just a proposal for potential standards that could be incorporated into the zoning ordinance, but what we're proposing is that small data centers could theoretically be allowed by right in B5, subject to supplemental regulations regarding screening, noise, et cetera, with the idea that they're sort of in keeping with the size and scale of other commercial developments that are otherwise allowed in B5. medium data centers could be permitted by right and I'm one subject to Supplemental regulations regarding screening noise etc and that large data centers would be permitted by right and M2 and that data centers exceeding the established thresholds would could be considered by the conditional use permit and And with regard to the proposed supplemental regulations, we would, of course, draft standards for data centers in any district of any size that would require, for example, written approval from ERCOT, PUC, or ENCORP, indicating that the electrical services is adequate and is approved. Water and sewer study. to require review by a city engineer prior to approval, an acoustical study. We could incorporate standards that would require an applicant or perspective developer of a data center to provide documentation from an acoustical engineer. proving up the volume and frequency and decibel maximums and also providing screening and establishing appropriate setbacks. So that is the extent of my presentation, but I'm happy to answer any questions you might have. Again, this is just a proposal for potential types of standards that could be incorporated into the zoning ordinance.

3:25:22•Speaker 9

Thank you, ma'am. Council Member Bass.

3:25:25 – 3:25:45•Speaker 8

Thank you. Everything I have read about data centers, this is entirely reasonable and logical method for a city to regulate data centers. So thank you very much. This makes perfect sense to me.

3:25:46•Speaker 9

Yes, sir. Council Member Brown.

3:25:48 – 3:28:03•Speaker 17

Thank you for doing all of the research and putting all of that together. When I had brought this forward, I had a few ideas and thoughts in mind of what I would like to see in these regulations. I think I mentioned it at the last meeting where this came up, is that every data center would be required to have a conditional use permit. That way if they're not meeting the water if they're not meeting that electricity usage, we could pull that permit and they would no longer be able to operate there. I do feel that it should be required to be in manufacturing or industrial zoning only. A thousand feet away from any residential area to mitigate any impact on residents. that any storage tanks or any chemical coolant would require the submission of an annual inspection from a state or federal certified agency to make sure that there's no leaks into the environment. that there would be decibel and frequency restrictions, not just a report, and that masonry screening would be required because that would block a lot of the noise pollution better than requiring any other type of screening. I also feel like if we require a conditional use permit for each one of them, it has been brought up that the 90th legislature will be having a lot of discussion about this. They could come back with a lot stricter conditions than what we're even talking about now. If we have the conditional use permit put in place as a requirement anyway, then any additional requirements the state puts on... rather than having to revise the entire zoning portion chapter for that. It would allow us to just incorporate those into every CUP moving forward for potential data centers. So that's just my list of recommendations for what we should include in an ordinance regulating them. Thank you.

3:28:06•Speaker 9

Mayor Pro Tem.

3:28:08 – 3:30:14•Speaker 12

Thank you. Thank you, Ms. Special, for your work that you've done on that previously. I would agree. And looking at some other reference cities, it looks like a lot of them are regulating also the because what we want to do also is make sure that we're putting in some sort of performance in the ordinance, so meaning that we are watching water demand and that there's a conservation plan. So water demand and conservation plan prior to approval I think is essential. And what I wanted just to confirm as well in your presentation, I didn't see it, but when we were defining, I know that you had the square footage as far as definition of these things, but I would like an actual definition of what a data center is with some provisions. I'm going to read to you what I found from another source, and then, of course, we can always tweak it, but... Okay, that source with the definition of a data center, and the reason we want an actual definition is because another municipality found it prevents the applicant from avoiding the ordinance by calling the project something else because somebody has already tried to do that, right? They tried to circumvent the ordinance. So if we call it the data center as a facility or group of facilities primarily used for the storage, processing, management, transmission, or exchange of digital data, including computer servers, telecommunications equipment, artificial intelligence computing equipment, associated cooling systems, backup power systems, substations, and related infrastructure. They said that it's recommended that we also include hyperscale facilities, cooling plants, and backup generation facilities in that definition as well. It was mentioned, I do support the M1, but also that we put the CUP. Okay, thank you. I'll come back on it.

3:30:15•Speaker 9

Thank you. Council Member Nashkin.

3:30:16•Speaker 18

Thank you, Mr. Mayor, Council. My question is for legal, please. Yes, ma'am.

3:30:26 – 3:31:36•Speaker 18

Attorney Clements, Council Member Brown brought up a point about the state, and my question is, Once the state, Governor Abbott, everyone knows they're discussing the item, but whatever the state comes with, they vote on. And the governor, they vote on it, and this is the way it is. No matter what we put in place, we... One of the things she said was amendment. Can we amend what, if it's something that goes against what Ms. Mesher just said 100%, it goes against what the state wants. We will have to change it, or can we just, as Councilwoman Brown stated, which makes sense, but I'm not legal, or can we just amend it and not change it, or would that be a conflict? Whatever we vote on tonight, which everyone agrees, we have to have some kind of regulations. But if the state come back and say whatever we have voted on, this is not right, you have to change it. When we come back and amend it to fit the state, not add it to it, but amend whatever they say we already voted on, it's incorrect.

3:31:38 – 3:32:47•Speaker 19

So a couple things. Tonight you would be giving a motion of direction if you wanted to for staff to bring back an ordinance that brings some of the things that you're discussing into place so you'd have it more fleshed out in front of you. But I think the crux of your question is when that ordinance comes back and we actually codify something, if the state comes back later and has something that's contradictory, And I think it's too early to say what the state's going to do. I think it's very likely that they will look into it. They may very well pass something, but they could pass something that contradicted what we put. They could pass something that says that the cities can have something that's more restrictive, which we see in a lot of statutes that are passed. So I think it's too early to say what the state will or will not do, but with the recommendation to just pass something have an ordinance. I think that everything is just subject to a CUP. I think potentially you could adopt something like that and then incorporate in all of your conditional use permits any conditions that were included in the state. I just, it's hard to deal with the hypotheticals of what the state may or may not do.

3:32:48 – 3:33:03•Speaker 18

Yes, ma'am. And since I still have time, Mr. Solomon, I just wanted to say I agree with Councilwoman Brown's recommendation on that, but I just wanted to get a legal perspective on it. Yes, ma'am. Thank you.

3:33:05 – 3:33:20•Speaker 9

Let me ask you this. In terms of the size, as far as the size, you mentioned about a 195. That was a medium size. Was that a small? It's a small.

3:33:20•Speaker 16

This here is the specifications for the proposed facility. It's 10 megawatts, 8,800 square feet and 2.6 acres.

3:33:27 – 3:33:52•Speaker 9

Because there is really as far as size, we only can between a medium or small size. there's no land mass that would hold like they're doing in Killeen. Maybe I need to ask Mr. Cagle in terms of land mass. We've seen some huge data centers in Temple.

3:33:53•Speaker 7

Yes, sir. If it was one of 700 acres, that would require, if it was going to be in the city, that would require some annexation somewhere.

3:34:02•Speaker 9

But right now, When we're looking at data centers, are we only talking small or medium?

3:34:08 – 3:34:22•Speaker 7

If you'd back it up one, just one slide, yeah. There's probably lots of places for 10-acre for a medium data center. Just the hyper-size, it's going to require annexation.

3:34:23 – 3:34:34•Speaker 16

So on the proposed tiers that we've come up with, a large quote-unquote data center would be something of 50 acres or greater. There are a number of sites.

3:34:34•Speaker 7

There are a number.

3:34:36•Speaker 16

The ACOC property is one that comes to mind. There are a number of properties that are 50 acres that could potentially accommodate a quote-unquote large data center.

3:34:43•Speaker 9

So is that something similar to what we saw in Temple?

3:34:47 – 3:35:06•Speaker 16

That was the Opidan one that we've termed as a medium. Okay. That particular one in Temple was 10 acres. Looks like that one. Obviously, there's a big range between 10 acres and 700 acres. So are there sites that could accommodate a 50-acre data center? Yes.

3:35:08•Speaker 9

Council Member Kimball.

3:35:11 – 3:37:11•Speaker 5

Thank you, Mr. Mayor. I tend to agree with Councilwoman Nash, the first part of her assessment, that the state, I think a lot of things will get cleared up. I agree on putting everything categorizing them in a size. But when it comes to particular ordinances, I just really think that we should wait to see what comes out of Austin before we do that. I think we have... we have you know we have people on the ground in austin that that is that is monitoring this daily i think we get something from our our lobbies literally every day on on this issue uh and i i really would like to take our guidance from them before we commit to an ordinance but i think the ideas of of starting this conversation with the size is is great uh and then looking at um other ordinances because we can look at their successes and failures because we can see where maybe a particular municipality did something and then we can say, aha, let's not do this in Killeen. So I agree that I don't know if we are voting on anything tonight. I don't think we're there yet. But I think that we continue to have this discussion as a council. to come back periodically, get information from your office and from legal, and then we form an ordinance that fits clean. Now that we know that small and mediums are probably the sweet spot for us, then we look at those lands, the some that were mentioned out here already, then we look at where the houses sit from there, where the roads sit. where the proposed calls for service could go. I think we just maybe slow down and keep having this conversation as a council continually on our agendas before we commit to a, so we can write the best ordinance for Colleen. So that's my take, sir. Thank you.

3:37:11•Speaker 9

Council Member Brown?

3:37:15 – 3:39:19•Speaker 17

I'm going to agree and disagree with Mr. Kimball. I agree that we absolutely need to write the best ordinance possible and take our time to make sure we get it right. But I think that discussion and that draft ordinance needs to happen now. The next legislative session doesn't even start until January. what I'm receiving from state legislators. Yes, there will be a lot of discussion about it, but the state's really only going to regulate as much as to say that they're going to give the counties limited land use authority to discuss whether or not the county would like to allow the use to go to a data center. Regardless of what ends up happening, the longer we wait, the more likely it is that there is a company that starts to come in and we don't have any guardrails in place first. So I think this is just a proactive way of making sure we have guardrails. I sincerely believe that if we started out with they're going to be in manufacturing zoning, they're going to have a conditional use permit. Then we start whittling down what those conditions are. If the state comes back with things, if we see best practices from other cities, those can then be implemented into those conditional use permits. But I think to wait would be a disservice to our citizens. And so for the sake of moving it forward, I would make a motion to direct staff to at least draft an ordinance for zoning regulation on the data centers. And I think with a minimum that each one has to have a conditional use permit.

3:39:23•Speaker 9

There's a motion by Council Member Brown. Is there a second? Council Member Williams.

3:39:30•Speaker 11

Yes, I second that, Mayor.

3:39:34•Speaker 9

Okay. Is there any discussion? Mayor Pro Tem.

3:39:41 – 3:40:32•Speaker 12

Yes, sir. Thank you, because I do appreciate actually being able to have a conversation about moving our city forward. I do want to remind us that regulation and local land use regulation are completely different. So us being proactive versus reactive, kind of hammering out these details of what, if in a data center, is what are small, medium, sizes, usage locations. Having these conversations early on, at least at a minimum, I think are important. So I do appreciate the conversation. And then also, if a developer approaches us before we hammer this out, what does that mean for us if we have nothing? in place. So what I was mentioning before, and I had a question for you, madam. You had mentioned in the notice here that they would be permitted by right. By all other sources that I've read, it said to not, it didn't recommend permitting by right. Can you tell me why we recommend it or why you think it would be a good idea to do so?

3:40:35 – 3:41:34•Speaker 16

When we talk about things being permitted by right, that means that if a property is zoned, say, for example, if a data center is permitted by right in M1, if a property is zoned M1, they can come in and they can build it without going through the zoning process. The primary rationale behind recommending that at least some scale of data center be permitted by right somewhere is that if a prospective data center was looking at Killeen as a potential investment opportunity, versus another municipality where the process was more straightforward or more predictable. If their proposed use was allowed by right in another city and required a zoning process in Killeen, if we're trying to attract data centers, if that's something that we want as an investment in Killeen, then hypothetically, a prospective data center would look at the two options and choose to go with the city where it's allowed by right as opposed to where they would have to go through the lengthy zoning process.

3:41:34 – 3:42:07•Speaker 12

Understood. And then would it be, is there a way to, in this case, because these are so unique and they tend to, they can also be owned by entities that are outside of the United States or foreign entities, is there a way to work on transparency regarding ownership? Are you familiar with how we could, can we regulate that potentially in the future with the disclosure of ownership, of actual ownership of the data center? meaning subsidiary from other companies. You know what I'm talking about, right, when I say that? Okay, thank you.

3:42:12 – 3:42:23•Speaker 12

And I'm only asking because I don't know the answer to that. Okay, very good. I'll flag it just to continue to look at it. I just wasn't sure. Thank you. Very good. We're in uncharted water here, so I just wanted to inquire about that. Thank you so much.

3:42:25•Speaker 9

Okay, Council Member Bass.

3:42:27 – 3:42:46•Speaker 8

So the motion on the floor... is different than the proposed zoning regulations in this slide. Am I correct? Yes, sir. Because the motion I'm hearing, they would all be conditional use, not by right.

3:42:47•Speaker 16

That was my understanding of the motion, yes, sir.

3:42:48•Speaker 8

Am I correct? That's my understanding. Thank you.

3:42:54•Speaker 9

Council Member Nashking.

3:42:57 – 3:43:22•Speaker 18

Yes, sir. With that being said, can you really extend to when they come, everyone will have to come to us if a data center wants to be built, and it will be case by case, and we will decide if the council want it, and if so, how we would like for it to move forward. Okay. Correct.

3:43:23 – 3:43:38•Speaker 16

So the motion is that all data centers, regardless of size, would require a conditional use permit process, meaning that any prospective developer that wanted to put a data center in Killeen would have to go through the zoning process, regardless of where it is or how big it is.

3:43:39 – 3:44:15•Speaker 18

Yes, ma'am. And what I wanted to say with that is that, so going back to Councilmember Kimball, what he stated, Your recommendation is to move forward because my concern is for state and what they would do. But your recommendation, Mr. Cagle, I'm not saying legal, Mr. Cagle, you're saying put something into play and let's just have it on record because this is what the council wants. I didn't say you all wanted it. I see that. Look, this is what the council wants. We're just doing what they ask. But your recommendation, would it be to wait?

3:44:17 – 3:45:10•Speaker 16

I don't see a harm in drafting an ordinance that would create some standards. Because as I said, right now we have no standards. And so what we did with the data center that came to us was we suggested a conditional use permit because the ordinance is silent. And so I don't know that there's a harm in drafting an ordinance and getting it adopted if the legislature does approve some statute that would preempt that. it more than likely wouldn't go into effect until, it wouldn't go into effect immediately. There would be a date where that statute would become effective and it would give us some time to modify whatever ordinance we come up with between when the legislature takes action and when that law goes into effect. in place. We've done that before with legislative action, so we could do the same thing here.

3:45:10 – 3:45:37•Speaker 18

And if the council do decide to vote on one, just hypothetically, because I know everybody knows this data center wants to come now, would we, and we have to change it, would that particular, if the council vote on the data center before the state complete their conversations on it and make a decision, would that particular data center be grandfathered in you? If it changes to ordinance by state?

3:45:39 – 3:45:55•Speaker 16

Hypothetically, if a data center had permits or had applied for permits and nothing was preempted by the state, then yes, it could be grandfathered depending on the timing.

3:45:55 – 3:46:25•Speaker 18

All right. I know you're saying hypothetically, but that's everybody up there is hypothetically. It's just not me. My ears are working fine. I'm just throwing it out there to make sure that we're all on the same sheet of music. If there was something different than what we voted on today or moving forward with a motion or direction, if it was changed, I just want to know by state if they say, no, we don't want you doing it that way. We want you to follow this guideline. I just want to know if they'll be going to follow it then. That's it.

3:46:26 – 3:47:07•Speaker 19

Thank you very much. I was just going to add to that. Generally speaking, any statute or legislation that I can imagine would be adopted on this would come into effect at a later date, if we had an ordinance already in place that people had already gotten permits and approvals, that that would continue. Can I imagine a situation where legislation overrode the zoning and it was some other regulation? Perhaps. But if we're talking about our zoning regulation, we wouldn't back out on our permits and approvals for the process.

3:47:08 – 3:47:20•Speaker 16

Thank you that were already in place, but that grandfathering would only exist if they have permits So for example, if it's a data center that's called and inquired and hasn't submitted anything. There's no grant. I think it would be associated with that.

3:47:20•Speaker 9

Thank you both Good calcium Williams

3:47:27 – 3:48:22•Speaker 11

I love how we're being proactive in this data system because I know there's a lot of misinformation out there as well. And I know a lot of people are panicking every time you mention about the data system. But I like how Councilwoman Gonzales had mentioned one time about the safety rails and we put enough safeguards to prevent all of this from happening before it's already come. And I do like the fact about the conditional use permit which is to mandate control over setbacks, noise levels, and total water usage, which is really good. So I'm in support of all of that and what you have said there, Councilwoman Brown. Councilwoman Brown, I'm sorry, I had a little ill. All righty.

3:48:23 – 3:48:34•Speaker 9

Thank you. Council member. Is that it, ma'am? That's it. Council member Kimball.

3:48:34 – 3:50:41•Speaker 5

Thank you, Mr. Mayor. And I appreciate the discussion from my colleagues. It's a serious subject. And, you know, it's like when you're watching TV and you see the tornado and you know it's coming and, you know, we've got to prepare, right? So I think we're preparing. And I think and I hope that If the motion approves, there's some questions that need to be answered. And we talked about water usage. I don't know what an accepted water usage is for a data center. And I don't know if we can put that in ordinance. I don't know what acceptable is. I don't know what acceptable power consumption is. I don't know, because no one's presented to me something where they would use water. I don't know, and it's hard for me to get behind an ordinance, and certain things haven't been defined yet. You know, what is acceptable water use? What is it when we're going through a drought? You know, it was four years ago when things were a drought. Are we going to just say, hey, data center, you can't, there's no more for you. So I just, there's been just so many unanswered questions, and I hate for us to paint ourselves in a corner with an ordinance that isn't really feasible for what may come and what may come in the future. You know, it's easy to write a particular ordinance when everything is fine, when it's, you know, it's blue skies and all that stuff. But there are days, you know, we just ran, what, 30, 31 days, 100 degree heat. And we had excess, I got, people called me about their $600 Electric bills, right? Because people raised, because they weren't paying attention when an electric company raised their rates. And, you know, there's a lot that goes on. And if we don't like the way data centers are operating, we'll say, hey, Mr. Data Center, can you reduce your functionality by 30%? But it's not, somebody else might have their ordinance, but we don't have it in ours. So I just hate to paint ourselves in a corner before we have all the information. Thank you, Mr. Mayor.

3:50:47 – 3:52:23•Speaker 7

Mr. Mayor, just a few comments. I think you do need some sort of ordinance. We know we have one on the way, and there will probably be more that follow. I don't know of anything on the scale that's going on in Temple, but They're coming. So I don't think you'll ever have all the information, but we need to be as ready as we can. And just one comment. When she mentioned permitted by right in certain areas, it wasn't just by right. It was by right subject to supplemental regulation. So it was almost like a modified CUP there. So I just wanted to point that out. We weren't suggesting anything. you have that zoning, you can put a data center there. There's a lot to that. Subject to supplemental regulations, that will be a big part of fleshing out this ordinance. On the electricity, I think that's something that you might want to leave to the state is why we put subject to approval from the state agencies because We don't have anybody on staff that can evaluate those. We'd, I suppose, have to hire outside expertise. All the other areas, we deal with this stuff all the time. The water usage, the noise, the setback, the screening. There's all sorts of things you can do. Distance from residential. There's a lot you can put into the ordinance to protect folks. So just I think those are the only comments that I had.

3:52:25•Speaker 9

Council Member Kendrick.

3:52:30 – 3:52:55•Speaker 4

Okay, I had one real question. Do we have, in case somebody, like we was talking about having the cup, Would that plan have to have something in place? If they violated the conditional uses permit, what would be the exit plan for them to be removed?

3:52:56 – 3:53:12•Speaker 16

There's already language in section 31456 that addresses if conditions of a conditional use permit are violated that allows us to revoke the CUP.

3:53:13 – 3:53:48•Speaker 4

Right. And I understand that, but just like Council Member Kimball said, if the state has something in place, Would we be in violation if our ordinance says one thing, but we're trying to say you violated it, but the state says it's not a violation? I know we don't know yet, but that's just something that I think we should think about, an exit plan for that data center if they was in violation.

3:53:49 – 3:54:04•Speaker 16

So, again, potentially the states, whatever the legislature does, could preempt whatever ordinance we come up with. But there would be a period of time before that statute would go into effect where we could modify our ordinance.

3:54:04 – 3:54:51•Speaker 4

Okay. And the last thing I just wanted to say to all my council members is no matter whether or not we put a data center here in Killeen or not, our rates are affected by other data centers. that are already on the grid. No, I read it. It's there. I'm just putting that out there. So, I mean, we can put in guardrails and everything, but just like the city managers say, pretty much part of that you have to leave to the PUC and ERCOT because they do a lot of that. So we're already being affected by that, which is causing higher electric bills right now. And I call for the vote.

3:54:57•Speaker 9

Okay, all in favor, signify by yes, all opposed, no.

3:55:06•Speaker 7

Your speak button's on. Okay.

3:55:11•Speaker 18

Everybody talk.

3:55:19 – 3:55:46•Speaker 9

Motion passed, six to one. Mayor Pro Tem, opposing. OK. So we just go for the vote. All in favor? Yes. Would you repeat the motion, please, City Attorney?

3:55:47•Speaker 19

Yes, Mayor. The motion I have is for the staff to draft an ordinance with a minimum of each data center having a CUP.

3:55:58 – 3:56:31•Speaker 9

Okay. All in favor signify by yes. All opposed no. Motion passed 6-1. Yes. Yes. We see... Oh, I'm sorry. Motion passed. City Secretary was 5-2.

3:56:34•Speaker 19

Council Member Salina, are you recording the vote that way? I think that Council Member Nash-King is saying that there's a mistake.

3:56:40•Speaker 9

City Secretary?

3:56:46 – 3:57:21•Speaker 18

council member king voting no and council member kimball voting no is that incorrect yes i was trying to i'm not i'm just trying to uh vote yes and i i i clicked on it and i clicked on no but when i clicked on yes and no it came up no but i was trying to click on yes and it wasn't working for me so i turned around hit no to see what that worked but I'm not trying to – if I can't change it, I won't. But I was really trying to vote yes. And I'm not trying to change if it's illegal. I don't know. Let us start again.

3:57:22 – 3:57:41•Speaker 19

Mayor, it's up to – I mean, once you call the vote, then that's the final vote. So if you're calling it by the two, then that's it. And you would need a motion to reconsider to open it back up. But if you're – you can also acknowledge that there's somebody saying there's something wrong with the technology and take a – hand vote or have the technology re-voted.

3:57:42•Speaker 18

In all fairness, we've been having a problem with technology all night.

3:57:47•Speaker 9

Yes. Council Member Kimball?

3:57:51•Speaker 5

Thank you, Mr. Mayor. I make a motion that we reopen the vote due to technical issues that we've been having.

3:57:55•Speaker 19

There's a motion on the table. Not appropriate to have another motion.

3:57:59•Speaker 5

Oh, I thought that was...

3:58:01•Speaker 9

So we can, how can we result?

3:58:02•Speaker 19

Mayor, you can decide. Are you calling the vote as it is on the technology, or are you saying, okay, Council Member Nafking is saying that's incorrect, so I can hand vote. That's fine.

3:58:12 – 3:58:34•Speaker 9

Nothing's correct, so we'll hand vote. So all in favor, raise your hand. All opposed? The motion passed 6-1. with Council Member Kimball opposing.

3:58:41•Speaker 28

Next discussion item, item 21, DS-26-082, discuss short-term rental regulations.

3:58:56•Speaker 9

Good evening. Good evening.

3:58:57 – 4:16:50•Speaker 2

Good evening, Mayor, City Council. I'll make this quick as I can because it's past my bedtime. Wait, which one is it? The white? Yes. Okay. All right. So my goal here is to give you enough information so that you can have a meaningful discussion on short-term rentals. I'm just using Jeopardy as an organizing tool. You do not have to answer in the form of a question. But I'm just going to go over these categories real quick. Challenges in court rulings. Where are the owners? Density. compliance, not-so-hot revenue, improving compliance, conjunction, junction, and or, you'll understand when we get there, and recommendations. So real quick, challenges in court rulings, we'll go over these real quick. So cities have kind of an ambivalent attitude towards STRs. They get concerned about getting overrun in the residential neighborhoods, so they've tried to rein them in to varying degrees of success. 2016, City of Austin passed an ordinance designed to phase out Non-owner occupied short term rentals, property owner sued. State and federal courts of appeal found that the ban was unconstitutional. 2018, Texas Supreme Court in Timberwood versus Tarr ruled against the Timberwood Park Homeowners Association when they tried to prevent homeowner Kenneth Tarr from using his single family residence as a short term rental. 2023, the City of Dallas passed an ordinance banning short-term rentals in single-family residential neighborhoods. The Dallas Short-Term Rental Alliance succeeded in getting a temporary injunction, which is still in place, pending a Texas Supreme Court ruling. And most recently, just this past summer in 2026, the Fifth Circuit Court of Appeals, federal, upheld the district court ruling that new Braunfels could enact an ordinance prohibiting short-term rentals in areas zoned for residential. We'll have to see what happens if that gets kicked up to the... Supreme Court. So where are our owners? So this is a snapshot as of there were 371 STRs at the time of the audit. Of those 371, 111 were owner occupied, 97 were non-owner occupied in Killeen, 111 were in Texas, but not in Killeen. 49 were in the United States, but not in Texas. And three were abroad. A little, just real quick on density. So this is the mechanism the city's used to control the number of STRs in a particular area. The benchmarking, Killeen does not have density requirement. We had requirement in the original ordinance. The City Council at the time removed it before they approved the ordinance. I think they probably did the right thing. We're in no danger of being overrun. And they seem fairly spread out. Austin, 1,000 feet apart for non-owner-occupied. Belton, 500 feet apart for non-owner-occupied. San Antonio, on a percentage basis, one in every eight units on one block face. That's one side of the street between two cross streets. Waco, 500 feet apart. That's for single-family residents, multi-family residents. Again, Killeen has no density requirement. Austin, STR sites for more units, greater one unit. UNIT OR 25% OF AT LEAST ONE UNIT IS FOR COMMERCIAL USE, A GREATER ONE UNIT OR 10% IF NO COMMERCIAL USE, LITTLE BIT TIGHTER RESTRICTIONS FOR THE RESIDENTIAL. BELTON, NO MENTION OF DENSITY CAPS FOR MULTI-FAMILIES. SAN ANTONIO, The same for a single family residence, 12.5%, one in every eight units. Real quick on, so this was the main finding in the report, was compliance. That's Ed 209 from RoboCop. So there were, again, a snapshot at the time of the audit. There were 371 STRs, of which 30 were deemed in compliance, as defined by current on taxes and current on registration. So 38, coming out to 8%. Interestingly, the majority of those that were compliant were actually non-owner occupied. So 8%, it kind of leads to non-compliance leads to not so high revenue, and that's also what we found. So actual versus projected revenue. So at the time the ordinance was passed, the staff had projected that there was $700,000 in revenue out there from STRs. For the first full year, FY24, we brought in just under $30,000, $29,199. Now, we paid the contractor $31,000, so we were actually a negative cash flow for that year. That was a startup year. We'll cut some slack there. The FY25, it went up a bit to $105,000. Again, net of payments to the contractor, about $70,000. And then you would expect projected revenue of $700,000. You would expect this to continue to go up at a kind of a 45-degree angle. But it looks like it's leveling off. So FY26, we projected this at mid-year that based on the collections through March 31st, that revenue would be about $107,000. We got the numbers for the third quarter from finance. They're a little bit weaker than the third quarter for FY25, so that might be an overly optimistic projection. So one of two things is going on here. Either we have massively overestimated the amount of revenue out there, or we're not doing a very good job at collecting taxes out there with the 8% compliance rate. tends to lean towards the latter. So why do we care? This is the, so it can't help us with the general fund, but this is the HOT, Special Revenue Fund, which funds a lot of activities dear to our heart. The Arts Commission grants, we were just talking about that tonight, that's at a low ebb. The KCCC is a 25-year-old building. It needs a lot of TLC. The rodeo grounds, they need upkeeping. And special events like the Backyard Brew Fest, one of my favorites. And I'll skip through this in the interest of time. This is just a list of things that need to get done at the KCCC, the Special Events Center. There's no shortage of upkeep that needs to be done there, the memorials. So, 8% compliance rate. This is the statement of work for the contractor. Contractor short-term rental full service tax administration services as a turnkey approach. That means you drop it in, it's ready to go. Turnkey approach to ensure appropriate monitoring, identification, compliance, collection, deposit, recording, delinquency follow-up, and reporting of local short-term rental hotel occupancy tax. You can't look at an 8% compliance rate and say they're doing a very good job. That said, there are things that we can do on our end to increase the compliance rate. I'm going to talk about those three things right now. So improving compliance. So number one, inspections. The The ordinance calls for mandatory inspections as part of the application process. They appear to be inhibiting the registration process. We tracked a number of applications. We found that people were walking away. They were walking away from the process after one or more failed inspections. Now, they're not walking away from their STRs. They're continuing to operate their STRs, but they're kind of getting frustrated and giving up on the application process. It's an inefficient process. The city staff have to play middleman. The applicant applies for a permit. The city staff have to reach out to third-party inspectors and schedule the inspections. And then if they fail the inspection, it comes back to staff. They have to write up an explanation. FOR THE STR OWNER AND A WRITTEN EXPLANATION AND LETTER AND SEND THAT TO THEM. IT'S ANALYSIS, IN HOUSE ANALYSIS BY BUILDING INSPECTIONS LAST YEAR ESTIMATED THE STAFF PENT ABOUT ONE AND A HALF FTE'S RELATED TO THE STR AS THEY'RE SHORT STAFFED AS IT IS. And finally, we looked at a number of reviews online of the booking platforms, reviews of STR, guests who had stayed at STR. We didn't find any complaints related to safety inspection issues. We think it's a low-risk item. It'll streamline the process. It's not required by the state. A number of cities that also do not require inspections, Austin, Belton, San Antonio, they have self-certification, Temple. Plano self-certification. I talked to the finance director at Belton, and he said they were planning on going with inspections when they were drafting the ordinance. They had a town hall with the STR owners, and they said, you're killing us. We're all adults here. Tell us what we need to do. If we screw up, you know, you can come down on us. But they said a bad Yelp review will keep us in line more than the inspections. So, number one, let's ditch the mandatory inspections. Number two, credible deterrent factor. So, talking a little bit about this in the report. This is an 18th century philosopher. I know you want to know a lot about at 930 on Tuesday. But just... He was one of the first who he postulated that criminal activity is a rational choice, which therefore can be influenced by the perception that there will be consequences. They will be swift and they will be severe or severe enough. That kind of precursor to the broken windows. We're three years in now. We've had code enforcement has handled about 20 STR related complaints involving four separate rentals. A majority of the complaints are related to STRs operating without a permit. One has been kind of a problem child cited numerously for trash and nuisance. We've had no prosecutions today for tax delinquency. We're collecting 100,000. We've had no prosecutions for tax delinquency. That's not a criticism of our prosecuting attorney. She's been trying to bring some cases, but she's not getting the evidence that she needs from the contractor. And also, we need some kind of an overriding, some kind of an overriding SOP that brings together all the departments involved in this activity so everybody understands their roles and their responsibilities in pushing these paces. these cases through. We have finance, we've got code enforcement, inspections, and of course in the attorney's office, of course. So we've got to do something to get on the board to create some kind of a deterrent factor here. Now, some of the evidence that the prosecuting attorney said that she needs, the evidence establishing ownership of STR in question, evidence showing booking dates and rental rates, STR registration status, tax filings, payment history, booking calendars, host information screen size. And then, so number two, let's see if we can get on the board prosecution-wise. And then three, platform accountability. This is probably one of the most powerful tools that the cities have out there, that a lot of them are adopting, Austin, San Antonio, Plano. Denver, we talked to Denver. They have a 70% compliance rate, which they attributed in large part to these platform accountability provisions. Basically, it says these platforms, Airbnb, Vrbo, Facebook Marketplace, they cannot post an STR on their platform unless they have a valid platform. REGISTRATION NUMBER, AND THEY HAVE TO REMOVE ANY THAT DO NOT HAVE VALID REGISTRATION PERMIT NUMBERS. AND IT HAS BEEN CHALLENGED, AND IT HAS BEEN KNOCKED DOWN, SO WE'RE IN GOOD SHAPE THERE. THIS IS IN ORLEANS FEDERAL DISTRICT COURT, SUBSEQUENTLY AFFIRMED BY THE FIFTH U.S. Court of Appeals dismissed a major lawsuit by Airbnb challenging city permit rules. The court upheld the city's power to require a booking platform. So that's our circuit, the Fifth Circuit, so we're in good shape. The platforms are used to cities already requiring it, so it shouldn't be a problem. Okay, Conjunction Junction, what's your function? I'm going to get a little bit into the weeds here. Bear with me. So the original contract... The original contract called for fees to be paid on an annual basis upfront at the beginning of the year and to be paid on a per-property basis, $255 per property, or $15,000, the greater of those. If you do the math, it's 58 or fewer properties than you would go with the higher, with $15,000. Criteria for determining billable properties is down here on the left, is known, registered, and active listing properties. Okay, so finance wanted to go... They wanted to shift over to a monthly basis, so they asked the contractor for an amendment, an amended contract to move from annual to monthly. And the contractor agreed. They changed the contract from monthly to billing, but they also changed the billing criteria. AND UNFORTUNATELY, IT KIND OF SLIPPED BY US BECAUSE WE WEREN'T LOOKING FOR IT. SO THE CHANGE FROM KNOWN, REGISTERED, AND ACTIVE TO KNOWN, REGISTERED, ACTIVE, AND OR UNIDENTIFIED. SO JUST LOOKING AT A VIN DIAGRAM. SO THIS IS THE ORIGINAL CONTRACT. THIS SMALL SUBSET OF STRs THAT ARE KNOWN, REGISTERED, AND ACTIVE. AND THE USE OF AND IN A MATHEMATICAL CONTEXT, THAT MEANS KIND OF IF Go back to your high school logic. Every component of the equation has to be true for the whole thing to be true. So if A and B, then C is true. So known, registered, and active for the original contract. So and or unidentified. I'm not even sure what unidentified means, but that blew up the criteria. for billable properties. So the contractor went to town with that. So the first invoice we got, August 2023, they billed us for 492.8 billable properties, 10,472. We brought in 367 in hotel taxes for that month. So basically they charge us 10,000 to bring in 300. that the finance director, to her credit, said, we're not paying this. So this went on for 13 months with the contractor sending in these jacked up invoices and the finance director saying, talk to the hand. So had we ever stamped these invoices, then we would have been in the hole, nearly 100,000 for that 13-month period. Now, eventually, the THE CONTRACTOR CAME TO THE TABLE WHEN THEY REALIZED WE WEREN'T GOING TO PAY AND SAID, ALL RIGHT, WE'LL COMPROMISE. SO THEY PROPOSED 123 BILLABLE PROPERTIES, NOT TOTALLY OUT OF THEIR HAT. IT LOOKS LIKE THAT WAS BASED ON THE NUMBER OF STR'S THAT WERE SUBMITTING TAXES. There are some ASTRs that pay taxes that are not registered, so it appears to align with that. So it's much better than $100,000 in the hole. We still came up with a negative cash flow for that 13-month period. Our take is that we didn't ask for this. change uh we didn't authorize it to this change in criteria so uh we should uh so we should be paying the the 15 000 based on the number of registered properties that we have now we kind of we signed the amendment so we're kind of stuck there but going forward our take is that uh we should get the uh we should have the uh contract amended uh to return the original uh criteria and then we should be paying the uh basically the uh the minimum based on their performance. And that leads me into the recommendations. So we recommended that we amend Chapter 31, Article 7, by eliminating mandatory inspections, adding booking platform accountability provisions, and we request a contract amendment to restore the original billing language, and that we develop interdepartmental policy and procedures for prosecuting STR permit violations. That concludes my presentation, and I will attempt to answer any questions to the best of my ability.

4:16:51 – 4:17:31•Speaker 18

Thank you, Mr. Mayor, Mr. Grady. Thank you. That was a lot quick. Thank you for that. That's right. Your recommendation is a great slide show, but I thought that we had this problem like a year ago. We knew we had some concerns. And Mr. Cagle, correct me or Ms. Tangleland, if that's okay with you, Mr. Mayor, I want to come back and ask this. But I thought we agreed that the council agreed we was – It was going to be rectified. We was going with another company. Once we realized they were overcharging us, I thought we, if I'm wrong, I thought we fixed this.

4:17:34•Speaker 25

Is that okay, Mr. Mayor?

4:17:35 – 4:17:54•Speaker 18

Yes, Ms. Tangle. I thought that was the council direction that, hey, we knew we had a problem. And thank you for the audit because you showed me some more stuff I didn't know about the process. So could you help me with that, Ms. Tangle, because we knew a year ago there were some concerns and everything. Okay.

4:17:55 – 4:18:51•Speaker 32

Yes, Mr. Grady did the audit review at the audit committee meeting, and then we had this conversation about the vendor, and the plan was to do an RFP to look for another vendor. We didn't do the RFP this year because we have a lot of changes in finance with a new ERP system. So, and just cutting the vendor and go with another one is not as easy because this vendor doesn't just collect STRs, they also collect the hotel taxes, right? And then that is the biggest part, the $1.8 million that they collect for the hotel taxes, and it's just $100,000 that they collect for the STRs. They only charge us $11,000 for the tax collection for the hotels. And that's the reason we didn't go at the RFP this year, but it's something that we already have working on today for next year.

4:18:52•Speaker 18

Oh, okay. I just thought we worked on it. Okay, thank you. Thank you. So that makes sense now. Thank you. Thank you, Mr. Green.

4:19:04•Speaker 17

I move to direct staff to come back with the recommended changes from the presentation for our review.

4:19:11•Speaker 9

Is there a second? Council Member Nash-King?

4:19:17 – 4:19:31•Speaker 9

Is there any discussion? If there's no discussion, all in favor signify by yes. All opposed, no. Jesus.

4:19:35 – 4:20:00•Speaker 9

Okay, incorrect voting list with the electronic system. Let's raise your hand, all in favor, would you raise your hand? Okay, motion passed 7-0. Okay, Madam Secretary.

4:20:08 – 4:20:22•Speaker 28

Item 22, DS-26-083, discuss national night out and city council meeting conflict on October 6th, 2026, and consider possible time or date change.

4:20:26 – 4:21:37•Speaker 7

Yes, sir. Mayor and council, as you know, we have a conflict of sorts with our next council meeting, October 6th. We start at 5 o'clock, but national night out is generally 5 to 8 p.m. So if we have the regular time, you're not going to be able to go to national night out. And I feel certain that everyone wants to do that. So here's some possible rescheduling options. Instead of having it on Tuesday, have it on Wednesday or Thursday, the 7th or 8th. You could move it to Tuesday of the next week, the 13th, but then you're going to have back-to-back meetings. You'll have one on the 13th and the 20th. The problem with moving it a day early is you have a planning and zoning joint commission meeting, so your council meeting would have to be after that. And September 29 doesn't really work because we need to have two meetings a month, so that shouldn't have been on there. We were thinking about it at first, but then realized we need two meetings in the month. So I think your best options are the 7th, October 7th, 8th, or 13th.

4:21:41•Speaker 9

Okay. All right, Council Member Brown.

4:21:48•Speaker 17

My only question about doing it on the 13th is would we have a quorum here? I know that's AUSA that week.

4:21:56•Speaker 7

I think the mayor is going. Is that correct? You're going to AUSA? I'm not sure the dates.

4:22:04•Speaker 9

I think the dates are, yeah, from 12, yeah, it is, I think, 12, 14th.

4:22:14 – 4:22:26•Speaker 17

I think that keeping it within that same week would be preferable, so my preference would be the 8th.

4:22:26•Speaker 9

Would you say that again, Council Member Brown?

4:22:30•Speaker 17

I think it would be best to keep it that same week, so my preference would be on the 8th.

4:22:36•Speaker 17

So make it on Thursday. Okay.

4:22:44•Speaker 9

Okay. All right, Council Member Nash-King.

4:22:59•Speaker 8

Wednesday is a church night for a lot of people, so I think Thursday, October the 8th, would be a good choice.

4:23:10•Speaker 9

Okay. Okay. Anyone else?

4:23:18•Speaker 8

If that was a motion, I second it.

4:23:20•Speaker 9

With the time as well? It wasn't a motion.

4:23:23•Speaker 8

OK. I will make a motion that we change the city council meeting to October the 8th at 5 PM.

4:23:38 – 4:23:50•Speaker 9

Is there a second? I second it. Second by Council Member Williams. Open for discussion. Mayor Pro Tem. Council Member Kimball.

4:23:51 – 4:24:19•Speaker 5

Mr. Mayor, for the council, is it possible we can have that meeting on the second earlier in the day? Maybe 2 o'clock? We'll be finishing. If we have the meeting at 2 o'clock, then we can make National Night Out at 5. without disrupting everybody's already scheduled off days, because I had time off on the... Is there an issue with early in the day?

4:24:20•Speaker 9

Are you talking about the same day of National Night Out?

4:24:22•Speaker 18

That would be two different motions.

4:24:26•Speaker 5

We're under discussion. I didn't know if the second during the day was available, maybe starting at 2.

4:24:32•Speaker 9

Well, I think the problem with it, Mr. Cagle, isn't it? It depends on how long our meetings would go. It could be anywhere from four to five hours.

4:24:43•Speaker 7

Yes, sir. We're going on five hours tonight. Oh, gosh. Jesus. Yeah, it's a fairly long agenda.

4:24:52•Speaker 9

Wow. Thank you. Okay. Could you repeat the motion again, please?

4:25:03•Speaker 19

The motion I have is to change the October 6th meeting to October 8th at 5 p.m.

4:25:11•Speaker 9

Okay. If there's no discussion, all in favor signify by yes. All opposed, no.

4:25:33•Speaker 9

Did everyone vote?

4:25:37 – 4:25:58•Speaker 9

Okay. Okay, we'll use the hand raise. All in favor, raise your hand, please. Okay, all opposed? Okay, the motion passed 5-2.

4:26:04 – 4:26:16•Speaker 9

Council Member Kimball and Council Member Kendricks oppose. Okay, so that's set for October the 8th at 5 p.m.?

4:26:22 – 4:27:15•Speaker 9

Okay. Thank you, Mr. K. Okay. Okay, so now it is time for citizens' comments on items that are not listed on the agenda for the meeting tonight. Citizens will have three minutes to speak. Comments under this section are limited. To the first 10 members of the public to sign up to speak, the mayor and council members will not discuss items that are not on the agenda nor respond other than possible offer a brief statement of specific factual information or propose to place an item on the agenda for a future meeting. Madam City Secretary, please call the first name.

4:27:16•Speaker 28

We have three speakers. Speaker number one is Heather McMillan, who is a virtual speaker.

4:27:24 – 4:30:07•Speaker 20

Hello, council and staff. Thank you once again for allowing me to speak via Zoom. It's a great resource for citizens who are unable to attend meetings but still want to engage with the city. I would like to let you all know Ms. Tori Bethany has been amazing at organizing and administrating of the remote engagement. I would like to make a request for the Zoom capabilities to be added to the city agenda. Since the city is invested in this technology, it should be used for more than just city council meetings and should be used for all public hearings, not just city council. I requested you use Zoom yesterday for PMZ meeting on a public hearing that affected my property, but was informed Zoom was only approved through the governing standards for the city council meetings and not PMZ. I have called into PNZ meetings in the past and thought that now the city has Zoom, I would be able to be allowed to do so. I am grateful that Councilwoman Brown offered for me to call in on her phone for the meeting after she saw the email stated I was denied Zoom and it was not available. If not being for her at the meeting and letting me call in on her phone, I would not have been able to speak. So if you could please change this policy, it would be great for citizens who cannot attend public hearings in person. I would also like you all to know the importance of non-agenda comment period, and thank you all for that as well. Last meeting that I spoke at in reference to code enforcement and the disparities in the city's app, Click, See, Fix, The next day I received a call from court enforcement and they started addressing the issues that I attempted to address for years to include the inadequate workings of the app along with ways that they could try to communicate better within the departments to fix these issues so they do not continue. for all the citizens who put items on the citizens see click box. This was an issue that I would have never been able to address in the past because it was not on the agenda. So kudos to code enforcement team for quickly working on solutions to this problem and also to all of you for finally allowing non-agenda items for citizens to address these types of issues when we as citizens have not been able to get responses or resolutions and other forms of communications in the past. I appreciate your time and please put on the agenda that Zoom should be capable for all public hearings. It's only fair you paid for that service Let that service be used and not just streamlined into one meeting. Thank you.

4:30:09•Speaker 9

Thank you, ma'am.

4:30:11•Speaker 28

Second speaker, Dr. Sue Macycroft.

4:30:19•Speaker 9

Good evening, ma'am.

4:30:20 – 4:32:32•Speaker 33

Good evening, y'all. I got paper today, so I'm not going to be up here very long. As you all know, school is in for the kiddos, and usually the kids get a report card. After about 13 weeks, they get a report card. Well, I'm here to give the city council a report card. You've been here for approximately 13 sessions, and... That includes special meetings. I want to say you all have done an excellent job. Okay, ratings not so good. I have checked your accountability on certain things that are being put before you and you are checking the citizens and the contractors and everybody else on your accountability. clarifications. You all definitely asking for clarification on certain items even if they have to be repeated several times and I appreciate that because it makes me a citizen understand exactly what's going on up here. You've asked a lot of questions of the people who come up here doing their proposals, and I appreciate that because that gives me a lot more information to go by as a citizen looking out for the quality of life of the 494. You've also requested additional information and I saw that here tonight and I appreciate you asking for additional information. Why? Because it makes us citizens more aware of what is definitely needed to make the decisions that you all have to make. Overall respect for each other's opinions was definitely showed up here tonight as you all haggled over certain things, but yet and still, you came to a conclusion. You respected each other sometimes. You know, things have to kind of settle out, but overall score, I give you all a C+, and you're doing a great job. Thank you.

4:32:34•Speaker 9

Thank you, ma'am.

4:32:35•Speaker 28

Third speaker, Malcolm Gray.

4:32:46•Speaker 9

Good evening, sir.

4:32:48 – 4:34:56•Speaker 30

Good evening. I just had some things. I was going through the city of Killeen. I've been here for about nine years. I've been to a bunch of different other cities as well. When you guys are talking about trying to improve or trying to gain income sources, I don't know if you guys have thought about it, but I think you guys definitely need to look into creating or building a... A PARKING DECK. BECAUSE THIS CITY CAN PRODUCE THE INCOME. IF YOU HAVE EVENTS, IT'S ABOUT 164,000 PEOPLE IN THE CITY OF COLLEEN. THERE'S NO WAY YOU CAN EVEN GET A QUARTER OF THAT DOWNTOWN. THERE'S NO WAY TO PARK. SO YOU'RE LIMITING YOURSELF ON THE INCOME YOU CAN MAKE BECAUSE THERE'S NOWHERE FOR PEOPLE TO GO. SECONDLY, WHAT ELSE? When it comes to the homelessness situation, I think that – I don't know if you guys have it or not. I haven't checked anything. But when it comes to ADUs, that's accessory dwellings and units, I know you guys have an issue right now with Airbnbs, but it's not the same thing. It's pretty much having a rental property in your backyard. It would help because right now, financially, people are struggling. You know, groceries going up, economies, everybody's doing bad for the most part, you know what I'm saying, from where we work because of inflation. If you allow people to have accessory dwellings in their backyards, you can always charge for taxes on the amount of What's it called? The property value. The increase in the property value, you can charge the taxes based off of that. As far as the data centers, I say no data centers. That's just me. No data centers because I feel like if we're going to – I feel like it's a hazard. I feel like it's a hazard, but also at the same time, I know that they already have data centers that want to come here. Oh, it is? My bad. All right.

4:34:57 – 4:35:09•Speaker 9

It's wrong? That's wrong? My time says this. City Secretary? Excuse me. City Secretary?

4:35:10•Speaker 28

I didn't hear a beep. And I may not have cleared out Mrs. Dr. Croft's time.

4:35:17•Speaker 9

Come back up, sir. Our apologies if we haven't taken no difficulty here.

4:35:24•Speaker 28

Let's put a minute on it.

4:35:27 – 4:37:23•Speaker 30

So, yeah, the dwelling units, but also the other part is, I don't know if you all heard of the NEVs. Those are neighborhood electric vehicles. Right now, you know, gas prices are going up. I think that it would be a great idea if you guys were able to change the speed limits within certain areas to 45 miles per hour. That allows people to have small EVs or scooters, whatever the case may be, for mobility to get around versus having cars. But at the same time, and that's because The state says that it has to be 45 miles or less. We can't change it unless you have to vote. But then also at the same time, it will bring businesses downtown because of the simple fact that you could have charging stations. So if I'm an entrepreneur, I can go and create a little EV charging station for people that want to charge stations or whatever the case may be. If you want to have businesses come downtown, I say you want to reduce, or at least for a year to two years, give them a tax incentive to come downtown so they can at least start. Most small businesses take about four years to become profitable, so if you give them at least a tax break for a year to two years, have it in between, then you have more individuals that want to start businesses to start businesses, and if they don't succeed, then of course you can, it is what it is. Oh, yeah. And just today, as soon as I just I don't think it'd be a good idea to do that because of the hazards. But outside of that, if you grandfather them in or how it's going to work out, I say to citizens at the end of the day, we don't have to do what other cities do. If Temple has a data center, let them have a data center. Data centers do not bring jobs. Yes, you know, it limits traffic and all that type of stuff because there is nobody that works there. So you're not going to have people to work there, so you're going to lose income, right? So the more people that have jobs, that's going to put money into your economy. People that don't have jobs and you've got a big warehouse sitting empty, you're not going to make any money. Outside of, of course, the tax incentives because big corporations own them, they're going to pay you for that. But at the end of the day, it's not looking out for you. It's just in the long term. That's just me.

4:37:23•Speaker 9

Thank you, sir. Thank you. Thank you so much.

4:37:29•Speaker 28

We have no more speakers tonight.

4:37:31•Speaker 9

Okay, thank you. Council, I would entertain a motion to dismiss. Council Member Nashking?

4:37:41•Speaker 18

I move to adjourn.

4:37:43•Speaker 9

Council Member Brown?

4:37:49•Speaker 9

All in favor?

4:37:52•Speaker 9

We didn't join.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.