City Council - Regular Meeting

Good afternoon, everyone. It's 03:00, and we'd like to thank everyone for coming. Let the record show that all council members are present except council member Alvarez. I gotta sign that. And council member Cobb, which she is en route. We will start off with the invocation. Mister Smith, will you please do the invocation? And councilwoman Gonzales, you have the pledge of allegiance. Please stand.

Let's all bow our heads please. Thank You, Lord, for allowing us to attend this council meeting. I think most of us know the Lord's Prayer. Part of it says, Say, Thy will be done. Not my will, not your will, but God's will. Just think how much better our lives would be if we followed that. The prayer also says forgive our trespasses and forgive those who trespass against us. Again, if we follow this, how much better our life will be. In Jesus' name we pray, Amen. Amen.

Pledge allegiance to the flag of The United States Of America

and to the republic

for which we stand, one nation under God,

Let the record show that all council members are present, councilmember Cobb and also councilmember Alvarez. Thank you, Mr. Smith, and thank you, Councilwoman Gonzales. The approval of the agenda. Councilmember Solomon?

Council member mayor pro tem Adams?

I second.

All in favor, yes. All opposed, no. Motion carries six to zero. Madam secretary, the Killeen Star Ward, council member Gonzales.

PR twenty six zero zero three Killeen Star Award.

Thank you so much, Brett. Thank you all once again for coming out this afternoon. The STAR Award is a very significant award for an individual, he or she, that may go beyond to make a difference in the city of Killeen and not asking for anything in return. This individual, he or she, gives for themselves to make a positive impact not only on the city but on individual residents that live here. And for that, we are grateful and we are thankful. This month, Councilwoman Gonzalez had the honor of honoring that significant person. Thank you.

Thank you all for being out here today in attendance with us. Before I invite this gentleman up that we're going to honor today, I just want you to know that he could have gone anywhere. The map of the world lay open, bright cities, quiet coasts, places that would ask nothing of him, but he came back. Back to the streets, he knew his footsteps, back to the city where he once stood optimistically believing knowledge could change a life. He returned not because it was easy, but because it mattered.

You must understand that he grew up during a time when he saw a city pulling at its seams, voices raised, patience thin, and Jim's crows were flying all around. And the tempting language of blame floating just within reach. One could cower, one could be bitter, but he chose something much, much harder. He rolled up his sleeves and he began to impart the positive, supportive, creative world knowledge that he gained to our once small town. He purposed himself to live in this place and to leave this place a bit better than when he was introduced into it.

He reminded us that together we could achieve more. Instead of being angry, he got motivated. He picked up his books. He placed them on shelves for all to see. He began to build. He hosted poetry nights and seminars, support and motivation classes for people and children at one time just like me. He provided a safe place for us all. Not perfect, but purposeful. He listened. He connected.

And he's back. He reconnected. He reminded us that unity is not loud, but steady. Book by book, conversation by conversation, he worked with hope as his blueprint, believing that this place we all call home could be good, healthy, and a productive place for everyone. Today, we honor not just what he has done, but the choice that he has made to come home and help us be better together. If you'll join me in welcoming Mr. Babatunde, Bernard Jones, to the microphone. Thank you. Congratulations. Oh, yeah.

Sure. Yes, sir. I hope

hear it. Greetings. Greetings. What an honor. Truly an honor.

First and foremost, I want to thank mayor Nash and the city council members for the warm welcome and the invitation to be here with you today. I never anticipated receiving an award for my service as recognition was not my motivation. However, it's truly an honor and deeply gratifying to be acknowledged in this way. I must also thank city council member Jessica Gonzalez for her introduction of me. It was so well articulated that there's nothing for me to say.

It was beautiful. However, I thank you so much, okay, for nominating me for this award. I truly appreciate the recognition and your thoughtfulness. It means a great deal to me, and I'm grateful for your support. Thank you so much. Yes, sir. Thank you. I also would like to acknowledge those who came out today on my behalf to support me. Your presence truly means more to me than I can express. I sincerely appreciate each of you and your encouragement.

It's an honor also, as I say it again, to be here and share my thoughts in accepting this prestigious award. After being back in Killeen for the past eighteen months, it's been a pleasure to be back in the community, the community I love and respect so much after being gone for fourteen years. My most productive and adult years were spent here in serving the African American community in Killeen and the surrounding areas. I'm very thankful for reconnecting with the community and serving meaningful and meaningful ways. Thank you for the opportunities to do so.

In closing, I accept the city council, Star Ward, with sincere gratitude and humility. Serving has always been my purpose, and this honor truly validates it. This award motivates me to continue serving the Killeen community and the surrounding areas with commitment, integrity, and love. Again, I thank you for embracing me and participating. And remember, to whom you give your money is to whom you give your power. Thank you so much, all of you.

Thank you.

Thank you. Thank you, communication team, Brett and everyone upstairs. Thank you for all you do to make this event a success. Once again, Councilwoman Gonzalez, thank you for presenting that star award to a deserving person, and thank everyone that came out to support him. We will now go into our work session, discuss agenda items two through 20 for the 01/20/2026 regular session.

No actions until regular session. Madam secretary, whenever you're ready.

AMN 26004, consider minutes of regular city council meeting of 12/09/2025. Amend twenty six zero zero five, consider minutes of special city council meeting of 12/19/2025. RS twenty six zero one three, consider a memorandum resolution authorizing the execution of a professional services agreement with Park Hill for the design of trailhead amenities at Purser Heritage Hike And Bike Trail in the amount of $317,800.

Thank you. Counsel, we have a long agenda tonight. We're gonna stay focused on tasks and on point to ensure that this meeting goes smoothly and that we get to hear everything that's being said. Good afternoon, mister Murphy.

We're here to discuss the design services of personal heritage hike and bike trail. 04/15/2025, the City Council allocated 2.15 for the design services and construction of trail and amenities for personal heritage hike and bike trail. The clean parks and open space mask plan includes recommendation PR 13 identifies opportunities to fund and construct additional neighborhood scale Park amenities originally conceptualize for personal heritage hike and bike trail. Every time Sunday, August 31 and September 7 clean daily air and open go. The deadline for submission was 07/2025 at 01:30PM proposals until the 09/17/2025 at 4PM The review of six submissions and evaluation were completed by staff from engineering, parks and recreation, and the city manager's office.

The submissions were scored based on company profile and qualifications, project team and experience, technical approach and methodology, schedule, deliverables, work plan. After careful consideration, Parker Hill scored the highest for the their proposal. The the consultant service will include design and construction administration services, community engagement, design playgrounds, splash pad and restroom, ensure ADA compliance and ease of access, preparation of bid documents, management of contract contractor inquiries. The total cost of design service is $317,800. 2,150,000.00 in the sealed bond funding was allocated for the estimated total project cost.

Estimated timeline, design phase would be January 2026 to July 2026, bidding phase July 2026 to August 26, Construction phase, August 26 through April 2027. Staff recommends that council approve the agreement with Parker Hill for the design of Trailhead amenities for personal heritage hike and bike trail. Do you have any questions?

Thank you, sir. There are no questions of you. Madam secretary.

RS twenty six thousand and fourteen, consider a memorandum resolution authorizing a letter of agreement with Pump Solutions Incorporated for removal and installation of six submersible chopper pumps at Lift Stations Number 2122 And 24 in the amount of $227,857.

Thank you, mister Noel.

Good afternoon.

Thank you, sir, for everything you're doing in absence of mister Reynolds. Hopefully, you take on that charge, Keep that position. But that's just my opinion. Good afternoon, sir. Thank you for everything you do.

Thank you. Good afternoon, madam mayor, city council. Today, have the replacement pumps for lift stations number 2122, And 24. A little bit of background. Pumps have a life cycle of ten to twenty years, are made up of many different parts that are critical to our water and wastewater infrastructure system.

In January 2025, staff advertised for a multiyear bid for pump replacements at 12 lift stations and two pump stations. Review of the bid, one response, showed that the specifications in the bid packet were not quoted as specified. On 03/18/2025, city council approved the rejection of the one response bid 25 dash 16 multi pump replacements. Two lift stations and one pump station had pumps replaced in FY twenty five utilizing cooperative contracts, and all other lift stations will be replaced between FY '26 and FY '28. October 2025, staff received a quote for replacement pumps and installation of six submersible chopper pumps, two at each of the locations below from pump solutions inc, in the amount of $227,857 utilizing the contract through the interlocal purchasing system tips.

Lift Station 21 was constructed in 2005, Lift Station 22 was constructed in 2010, and Lift Station 24 was constructed in 2005. Two of these lift stations, as you can see, are already twenty years. The other one is 15. This is the picture of the new pumps with the chopper blade. The chopper blade is what we're going to because people tend to flush a lot of different objects.

Don't know how it goes into the pipes but gets into our system. With this new chopper blade, it finally cuts it up so it gets to our system a lot easier. Recommendation, city council authorized the city manager or designee to execute a letter of agreement with pump solutions inc, utilizing the purchase cooperative tips contract in the amount of $227,857 and authorize the city manager or designee to execute any and all change orders within the amount set by the state and local law. I am here if you have any questions.

Thank you, sir. There are no questions.

Thank you.

Madam secretary.

RS26015, consider a memorandum resolution authorizing a professional services agreement with Central Texas Alcohol Rehabilitation Center for substance use disorder counseling and treatment services in the amount of $132,723.69

Thank you. Good afternoon, Ms. McNair.

This program responds to recommendations outlined in the homeless and mental health strategic plan for intensive mental health and substance use disorder treatment. The treatment includes counseling and comprehensive wraparound services to prepare individuals for long term self sufficiency and independence and it is instrumental in assisting individuals exit homelessness in Killeen. Our funding source is the Texas opioid abatement settlement and we may utilize the funds to address substance use disorder, also known as SUD. Funds are disbursed periodically with the amount determined by the state. So far, the city of Killeen has received $358,453 Our total award for the state according to the Texas settlement allocation term is $535,650 So there is 177,000 approximately that remains for disbursement from the state.

The proposed agreement is with syntax arc, who has been our partner for the previous funds spent. We propose to enter into a new agreement with them for this fiscal year for $132,723.69. And that's the balance of what we have received currently from the state, $225,729.31 was expended through the previous agreement and the following amendments. The funding will support two scholarship beds for an initial term, an initial term of up to one hundred days. The treatment term may be extended with additional days up to forty five with city approval if it is determined that the extension will provide adequate supportive services and aid in the permanent housing of the participant.

Staff recommends that Council authorize the city manager his designee to enter into an agreement with Syntex Arc in the amount of $132,723.69

Thank you. There are no questions. Madam secretary.

Rs 20 6016 consider a memorandum resolution authorizing the procurement of a tactical robot from Ichor Technology in the amount of $149,144.28 and amending the existing Axon contract with technology upgrades in the amount of $300,387.60. Good afternoon, chief.

Good afternoon, mayor. Mayor Pro Tempsity Council. Thank you for this opportunity to present piece of equipment that that we need in the police department. The Killeen Police Department is seeking approval to purchase a tactical SWAT robot and to replace and modernize existing SWAT and patrol drones. The following slides will outline the operational needs for these upgrades and the public safety benefits it provides officers and the community.

Since 2020, the Killeen Police Department tactical response unit responded to two zero one SWAT activations including 44 callouts, 108 search warrants and 49 assists or other agencies. These incidents typically involve barricaded suspects, armed individuals, and potential hostage situations, making the enhancement of tactical robots and indoor drone capabilities critical to reducing risks to officers, suspects and the public. KPD must enhance its tactical robotics and indoor drone capabilities to safely manage high risk incidents while minimizing the potential harm to officers, suspects and the public. The benefits, remote entry using a SWAT robot allows officers to assess threats, clear hazards and gather critical intelligence from inside the structure while significantly reducing the risk of entry or loss of life to personnel. Second benefit is real time video from SWAT robots and drones provide immediate situational awareness enabling informed tactical decisions while minimizing risk to officers.

And last benefit is integration with the real time crime center allows live video and data to be shared with command staff and analysts, improving coordination, decision making and overall incident management. Now I'm talking about the SWAT and patrol drone benefits. Upgrading patrol and SWAT drones provide the following benefits. It enhances real life real time situational awareness to improve cameras, sensors, and flight capabilities, allowing officers to make faster and better informed tactical decisions. It also improves officer safety and operational efficiency by reducing the need for direct physical exposure during high risk incident searches and critical responses.

National best standard practices for SWAT robots and drones emphasize integrated advanced remote systems to enhance officer safety, improve real time intelligence gathering, support the escalation and ensure transparent and accountable operations in high risk and critical incidents. The International Association of Chief of Police, the Texas Police Chiefs Association, both support robotics integration of police departments and currently KPD is below the national technology standards. The benefits to the citizens, it increases public safety by enabling officers to resolve high risk incidents more quickly and safely, reducing the likelihood of injuries to civilians, officers, and suspects. It enhances transparency and accountability to improve real time video and documentation, allowing incidents to be managed with greater precision and minimal disruption to the community. The Killeen Police Department has a clear obligation and demonstrated needs to modernize its response capabilities for high risk incidents.

The financial impact funded for this project secured in part by using previously approved CIP funds for the KPD RMS niche project, which we go live on March 31. The Ichor technology expense will be funded using previously approved CIP funds allocated for the RMS niche project with Ichor technology qualifying as its GSA vendor eliminating the need for a three quote competitive bid. The quote reflects a one time cost of $149,144.28 and includes a three year extended warranty. The Axon purchase will be crowned an amendment to the six and eight year contract, increasing the total contract value by $300,387 to $0.60 over a five year period, incorporating the current individual Axon contracts for tasers and fuses with a year one cost of $137,000 and $23.92 and annual cost of $40,040.92 for years two to five to be funded to the police department general fund. And that's a breakdown of the purchases of the contract.

And the recommends staff recommends authorizing the city manager or does it need to execute the purchase with I call technology and the amount of $149,144.28 and to amend the Exxon Enterprise Incorporated contract in the amount of $137,023.92 with subsequent amounts. Annual cost of $40,140.92 to fiscal year 2030. Additionally staff recommends authorizing city manager doesn't need to execute any change orders within a limited established within the limits established by state and local law. I'd be happy to answer any questions.

Chief Lopez, thank you for taking the charge to bring this to us as soon as possible. Counsel, this action for a robot, as you know, is a must for save a life. So thank you all for supporting this initiative. Thank you, chief.

Madam mayor, I believe mayor Pro Tem Adams.

Alright. Quick question to I know we've used the drones in support of fire. This is this from I Corps capable of the same?

Oh, yes, sir. Okay. We we gonna we plan to use this resource, the robot and the drones for any agency, FD, or another police department that's gonna, request assistance from us. As you can recall, we had 44 real time assist with other small agencies around here, so we are willing to help out anybody.

And that was my second question. The use the the agreements we have would include this now. And is there is there a necessary to, recoup costs of that?

No. Those MOUs since well, it all depends on the MOU is structured. I have to look back and see how they are structured. I don't recall right now. I know we have MOUs with the local agencies, Harker Heights, Normanville, Corpus, Golden, Belton. I think there's a no cost MOU. So we provide their services.

Thank you, sir.

Yes, sir.

I'll now, secretary.

Thanks, mayor. Thank you.

Mister Zagers has the next four items, and I will read them all into the record.

Yes, ma'am.

RS26017, consider a memorandum resolution authorizing an interlocal agreement with Bell County for the bidding and construction of traffic signals along Chaparral Road. RS26018, consider a memorandum resolution authorizing the city manager to enter into an advanced funding agreement with the Texas Department of Transportation for the Ranciere project. RS twenty six zero one nine, consider a memorandum resolution authorizing a letter of agreement with NC2Form Technologies LLC for sewer replacement on Condor Street in the amount of $124,245 and RS 20 six-twenty consider a memorandum resolution approving the purchase of real property at 108 West Jasper Road from the Killeen Independent School District for Killeen Fire Department facilities in the amount of $803,000.

Thank you, madam secretary. Good afternoon, mister Zegers.

Good afternoon, mayor and council members. So with the first item that was read, this is the interlocal agreement with Bell County to install traffic signals along Chaparral Road. And this is at the intersections of Feather Line and then in front of the high school. So little bit of history on this whole project. We all know on 07/23/2019, that's when the city, city council adopted the twenty twenty twenty twenty four CIP program, which included the Chaparral Road improvements.

On 09/20/2022, the city, Bell County and Harker Heights entered into an interlocal agreement, for that project. Now, since then, we and mainly last year, we had a lot of issues, a lot of concerns in regard to feather line. So a lot of those concerns were raised by the residents, especially at Chaparral Road at the intersection and then with the opening of the new high school. So Bell County, they hired a consultant to perform a traffic study at those two intersections and found that they needed to do some improvements. So the study did show that there is a current need for traffic signals at those two locations, and especially at the peak hour, the morning and the afternoon when the school goes in, you know, gets the students there and then back.

The county currently has no engineer, and they don't have any staff that maintains any signals because they don't have any. They mainly just do signs. So they reached out to us, and knowing that with this project, we maintain signals, we have the crews, we have the staff, this eventually will be our roadway and these signals will be turned over to us. They reached out to us for assistance. So city, will with this agreement, the city, we would bid the project, then we would do the construction management with our staff, making sure that the signals that are getting built, which are already been designed, meets our specifications, meets the requirements of all the equipment that we maintain and follows our standards.

And then once it's constructed, our crews will maintain the traffic signals. County would reimburse the city for those costs associated to all the construction. If we have to relocate any of the utilities for it, anything related to that that construction of those signals. And then, of course, they've already paid for the design. And then once constructed, the city again will take ownership of the signals and will maintain them. Here's a location of where the two signals are at the end of Feather Line and also right there by the high school. And then recommendation is for council to approve the outlay.

Thank you so much. There are no questions of you. Thank you, Okay.

Thank you. Okay. This item is an advanced funding agreement with TxDOT for Ransier, and this is an association to the grant that we received through K Tempo. The city applied for a grant through the Clean Temple Municipal Planning Organization grant for a RANSEER project. I believe it was in 2019, but we did get approved.

It was in the amount of $3,476,900 with of which the 2,000,592, million is paid as a federal grant. 2023 is when our CIP included the design for Ranzeer. Obviously, our scope is bigger than when this, grand application was first awarded. When it was awarded when it was applied for, it's really supposed to be just for a six foot sidewalk from 195 over to WS Young. As we all know, our project's a lot bigger.

It goes all the way to tenth. Project is currently in its final design, which was approved by council, and we expect to be completed with the design in 2028 and go off for bid for the first phase. This advanced funding agreement is between TxDOT and the City of Killeen. It's based on that initial grant application. And then once we have it agreed upon, we could always amend it after execution working through the Ketempo group to see if we can get more funds.

City will work with K Tempo and TxDOT. We have to update the scope and the cost in regard to the the project as it is on the tip, which is being done. And then the city will continue to seek advanced, grant funding for this project. There's, again, the project limits of the Ransier project from 195 up to North 38th Street. And then, again, staff recommends approval for the AFA agreement.

Sir, thank you. There are no questions.

Okay. So this presentation is for the Condor Sewer Replacement. So a little bit of background. There's a six inch sanitary sewer line that serves 15 homes between 811 And 911 Condor Street. It is in disrepair and in need of replacement.

Our city crews went out there and tried to maintain and and look at the main to see if there's some work that they can do, but they have found that the old this this blind does need to be replaced, and it's above the capabilities that they can do at this time. So we reached out to In Situ Forum and a couple other projects to get a grant or get a cost. In Situ Forum is in town. They're currently working on our water main rehab project. They have done a lot of this.

So we're looking to replace this with a pipe bursting methodology, which is something that they have thousands of miles of experience in. So we went through a local purchase cooperative contract. The co op negotiated with them, and this is in the amount of $124,245 to replace that five eighty feet of that six inch sewer main and then reconnect all the the sewer services to those homes. This is the location of where it is. It's actually in the backyard easement of all those properties. And then recommendation is to authorize the city manager to enter an agreement with in

situ Thank you, Sir. This is a desperate need. So once vote on this and hopefully hopefully they vote in favor of this for the residents that Leo there. What can we start on this project?

I believe it will be quickly. Haven't been Steve is actually in my office as the one who's been negotiating this, but they are in town. So this is something they should be able to act on very quickly, hopefully within a month. Get out there and do this. Pipe bursting is pretty easy. You start at one end, the other end and pull it through.

We use this method a lot. Yes. Okay. And what kind how long would it be downtime for the residents that this will have an effect on the 15 homes?

Typically, they can pipe burst that whole length in one day and it's a matter of excavating and reconnecting all the services or depending on the size, if they have the tools, they can get it done within a couple of days.

Okay. Thank you for that. Okay. Any other questions? Thank you, sir.

Okay. The last item I have right now is for the land purchase for the Bel Air property, Bel Air School property from K ISD. And this is for a new Fire Station Number 5. So last year in city council, they approved $9,000,000 in funding to go to the new Fire Station Number 5 in the 2026 budget and was part of that 2025 bond. That existing station that is out there on Jasper right next to the water and sewer department is undersized and is in need of replacement.

The new station we're looking across the street will be larger. We're looking at a four bay to house the vehicles and and kind of incorporate everything that the fire department's looking for that area. The new station will also help our overall response times, maintain the city's insurance service organization ISO rating and add much needed resources to the fire department. The property is located at 108 Jasper Road. I think everyone knows on the corner there, Jasper right off of I 14. It is the old elementary school. And we looked at that and was considered to be a very good location. One, the proximity to the existing Fire Station Number 5 across the street. Topography, it's a really flat property. Obviously, we know that there's something on it.

And then the size, which is 5.9 acres, is enough to house the fire station. Also looking at the existing gym and whatever else we that the fire station needs to do. Location. This is the location in the box is where the property is. The dot is where the existing Fire Station Number 5 is. This is an aerial map showing 5.9 acres. And where the school is, the bottom little box is where that gym is. We're looking at the area in red to be the Fire Station Number 5 site. And then we're looking at eventually demoing the existing school will do a future request to switch it to commercial and then we can determine what the needs are for that later. Again, this is the zoning map.

It does meet the zoning requirements for a fire station that was confirmed. And the financial impact, the land purchase of the property is in the amount of $803,000 The appraisal was completed and completed, and both parties did agree in the valuation. There was considerations with the existing building and demolition in that whole process. Demolition costs were removed from the appraisal to lower it down to $803,000, and then the full amount is within the budget of the project. Our recommendation is to move forward with the purchase of the property.

Thank you, sir. Thank chief a chief for everything they do for our first responders. Thank you. There's no question. Thank you. Thank you. Madam secretary.

RS twenty six zero two one consider a memorandum resolution accepting the resignation of council member at large Jose Segarra, and discuss and consider the appointment process.

Thank you. Mister Kagan?

Yes, ma'am. Mayor and council, we don't have a presentation on this, but as you know, we received the letter and council member Segarra signed up to run, he's immediately resigned. This resolution is to accept that resignation, but, also to discuss how you want to go about, replacing him. It's greater than ninety days from, the election, and the charter says you shall replace him. Replace that if it's one position that you shall replace it.

So if nothing else, if no one else resigns before you appoint that position, you you can the charter says you need to go ahead and fill this. So you might wanna discuss how you wanna do it. I would suggest that we do it fairly quickly and perhaps have a special meeting next week if if you wanna go that route or within two weeks because we expect to call elections on the first meeting in February, and the last date that you have to call a special election would be February 13.

So Alright.

Time is running out. I'd be happy to answer any questions.

So Mr. Kagle, can we not have it on 02:00 prior to our council meeting two weeks? And the same process we used last time, we put the application online, we advertised it, and we took application, we went through the process, and then we called people in for Entyvir. Yes, ma'am. The same it's nothing changed. It's the same process, just the date we need.

You can do that.

02:00 cancel. What about 02:00 on next on prior to our council meeting at two? That's the twentieth. If I'm not missing that's not the twentieth.

February 3.

I'm waiting on her. Do y'all Is that okay? Councilwoman? Okay. Everybody okay. So we'll do it on February 3 at 02:00.

I think I I do think we need to do it earlier because isn't that within the ninety day period at

that point? Mister Kagle.

Well, the the vacancy occurred.

Right. That's vacancy. We have them till February 13, if I heard you correctly.

Well, yes, ma'am. And it just depends, as I said, if anyone else happens to resign. Correct.

We don't control that anyway. We will have to call an election. If another person stepped down, we have to call an election anyway. So it's February 3, 02:00. Any more discussion on this? Alright. Can I get a motion or direction?

When do we open the application for the

We will open them up starting tomorrow. I mean, it's the same process, and they have everything.

And then it closes when? Just for the record.

We'll close the day prior or what day you want it? A week prior, a day prior? I think we should give them all the time they can for people to get the word out. Mhmm.

So You wanna close February 2?

February 2.

But and then the interviews are conducted when? The third. Third. Okay. Okay.

Are you okay? Everybody okay?

I'm tracking.

Yes, ma'am. And I I think if people want to apply, they should just go to the city secretary's office and fill out a candidate application. That probably be the best way to

do it. So we'll start advertisement tomorrow, Mr. Kagan?

Yes, ma'am.

Thank you. Can I get a motion or direction?

Just a quick question, madam. So in this case that we open up the applications.

Yes, ma'am.

Okay. And then they apply, we close it on the second, we do the interviews on the third, but should another person step down in that window, what happens then?

Then both positions automatically go to ballot. Yes, ma'am. Yes, ma'am.

On a special election.

Well, the current position, Councilmember Seagar is at large, so that's already up. But if if a single member if if one of the single member districts resigned, then it would it's on the same ballot. It's just called a special election.

So, basically, if any councilmember over the net because you have council member Adams and you have council member Alvarez if they decide to run for mayor and if one of them stepped down, it would still apply as if it was a district, correct?

Yes, ma'am. Okay.

All right. So can I get a motion or direction? Councilmember Kendrick. You can say it.

I move that

Emotional direction.

Direction that we go ahead and set the date for February

February 3

for out

February 2.

Second for the the filling of the at large seat.

The at large okay. Can I get a second to this council member Alvarez?

Second that motion.

All in favor, yes. All opposed, no. Motion of direction to have opened up the application process due to interviews on February 3, and the last day for applications is February 2. The motion of direction carries six to zero. And that would be a 02:00, sir.

Sarah, are you ready? Okay. Thank you. Madam secretary.

PH twenty six zero zero two. Hold a public hearing and consider an ordinance amending the fiscal year twenty twenty six annual budget of the city of Killeen to increase revenue and expense accounts in multiple funds.

Good afternoon, miss Bonnie.

Good afternoon, mayor council. City policy and the city charter allow council to amend the budget. This amendment reflects the standard year end carry forward process. It also includes a small number of previously approved adjustments. The required public hearing notice was published on January 15.

This slide covers the general fund carryforward and includes 19 purchase orders from fiscal year twenty twenty five. The largest items include the animal services crematorium, finance building renovations, and the fitness equipment for the fire department and parks and recreation. The remaining activity consists of smaller purchase orders across multiple departments, including ARPA funded public safety mental health services. The total carryforward is $641,213 with $58,278 offset by ARPA revenue and the difference coming from fund balance. This slide highlights the two non carryforward general fund items included in the amendment.

The first allocates unspent PFC funding to support the grocery store initiative, and the second transfers the budgeted first year cardiac monitor payment from the general fund to the governmental CIP fund to align with the approved financing structure. This slide reflects the governmental CIP activity related to that cardiac monitor purchase, recognizing the loan proceeds, capital outlay, and the first year debt service per Resolution twenty five-one hundred seventy eight R. This is the water impact fee fund and it includes a carry forward for the professional services related to the approved impact fee update, which is still in progress. This slide reflects the program expenditures in the opioid abatement settlement fund supported by previously received settlement revenue. It also includes a small carry forward of a prior year program activity.

For the home program grant fund, this slide reflects the carry forward to allow projects to continue into 2026, and it also aligns the home budget with reconciled grant amounts. For the hotel occupancy tax fund, this includes carry forward for grants to the arts paid after the fiscal year end. This slide reflects the law enforcement grant fund and includes pass through JAG grant funding for projects still in progress, fully offset by JAG revenue. This is the police state seizure fund, and it reflects the carry forward for the second year payment of the flock safety camera system. For aviation fund and the next slide of solid waste, these are related to the same interim audit services for the prior fiscal year.

So aviation is 13,700,000.0 and the solid waste of $1,431,000,000 The golf course fund includes a carryforward of two purchase orders for previously approved maintenance work at the golf course. And the water and sewer fund includes carryforward of two purchase orders under the five year maintenance plan for water and sewer operations. Includes This final slide summarizes the budget by fund category, showing the impact of the CIP role and the carryforward amendment. So you can see our adopted budget in this line. You've got revenues and expenditures.

You can see the CIP role here in this line, and then what we're talking about today is the carry forward. And then you'll see the amended budget.

And

staff recommends approval of this item. If you have any questions, I'd be happy to answer them.

Thank you for doing an excellent job. No question. Madam Secretary.

PH twenty six zero zero three, hold a public hearing and consider an ordinance submitted by Central Texas Land Development Services on behalf of Clear Creek Commercial Limited, Flume number 26 25, excuse me, 06, to amend the comprehensive plan's future land use map from a regional commercial designation to a residential mix designation for approximately 1.81 acres out of t robinette survey, abstract number 686. The subject property is locally addressed as 5201 West Dan Schluter Loop, Clean, Texas.

Thank you. Good afternoon, missus Messer.

Good afternoon, mayor and council. This item is a request to amend the future land use map for the property located at 5201 West Stanche Leader. The applicant's request is to change the designation of 1.81 acres from regional commercial to residential mix. If approved, the applicant intends to develop the property for residential use. The red star indicates the location of the subject property.

On the left hand side of your screen is the current future land use map designation of regional commercial, and on the right hand side of your screen is the requested future land use map designation of residential mix. This is a view of the subject property facing north from West Anschlider, View of the adjacent property facing east. View of the adjacent property facing west. Subject property is located within the intended growth area on the growth sector map and designated regional commercial on the future land use map. Property is not impacted by any wetlands or riverine areas, and there's no evidence of environmental impediments at this time.

We notified 10 surrounding property owners regarding this request. To date, we've received one written response in support. This is the notification boundary for this item. Property is currently undeveloped, and has been zoned b five since 2003. Staff finds that the subject property is not well suited for commercial development due to its limited visibility and is of the determination that the subject property is suitable for residential development. We are therefore recommending approval of the request as presented. The Planning and Zoning Commission on December 8 also recommended approval of the request by a vote of four to zero. I'm happy to answer any questions.

Thank you. Can you go back to the slides or the pictures? The next one. Thank you. Council member Mayor Pro Tem.

Thank you. Know we've on other developments along there, Textile had an issue with commercial development. Is that why you came to that? You recommended

SPEAKER: I believe there was some discussion about driveway access from Stan Schleeder. Commercial development could theoretically take access from Dayton Drive. But again, given the limited visibility and the depth of the property, it's not a terrific location for commercial.

SPEAKER In text on the past, it said no.

SPEAKER I believe that's the case. Yes, sir. Thanks.

PH twenty six zero zero four hold a public hearing and consider an ordinance submitted by Mitchell and Associates Incorporated on behalf of the Tietze Family Recovable Trust case number Z2539, to rezone approximately 0.14 acres being part of Lot 8 Block 8, Marlboro Heights, revised from R1, Single Family Residential District, to SF2, Single Family Residential District. The subject property is locally addressed as 802 Highland Avenue, Clean, Texas.

Yes, ma'am. Thank you. This item is a request to rezone the property at 802 Highland Avenue from its current r one designation to S F 2. If approved, the applicant intends to construct a single family home on the property. The current existing undeveloped lot is approximately 50 feet wide and therefore does not meet the minimum lot width requirements for R1, but it does conform to the SF2 standards.

So in other words, in order to plot the property and therefore develop it, need the SF2 designation in order to meet the minimum lot size requirements. The red star on your screen indicates the location of this property. This is an aerial of the site. As you can see, it's currently undeveloped. This is a view of the property from Highland Avenue facing Southwest on Highland and facing Northwest I'm sorry, Northeast.

This is a view on the opposite side of Highland. Subject property is located within the neighborhood infill area on the growth sector map and designated neighborhood infill in the future land use map. We notified 47 surrounding property owners, and we did receive two written responses in opposition to the request, including one from the owner of three properties within the notification boundary. This is the notification map. As you can see here, letters of opposition were received from these four adjacent property owners.

Staff finds that the applicant's request is consistent with the recommendations outlined in the comprehensive plan, and we are recommending approval of the request as presented. Planning and zoning commission on December 8 also recommended approval by a vote of four to zero. Happy to answer any questions you have.

PH26005. Hold a public hearing and consider an ordinance submitted by Dominic Voe on behalf of Hong Kim Ahn, Recovable Trust, case number Z2540 to rezone approximately 1.313 acres out of the Robert Cunningham Survey, Abstract 199 and Eugene Lussier Survey, Abstract 528, also known as part of Lot 16, Llewellyn Estates 3, unrecorded subdivision from B 2, local retail district to B 5, business district. The subject property is locally addressed as 4801 Onion Road, Killeen, Texas.

Yes, ma'am. Thank you. This item is a request to rezone the property at 4801 Onion Road, from B 2 to B 5. If approved, the applicant intends to develop the property for use as professional offices, and or salon Suites. The red star indicates the location of this property.

This is an aerial of the site. As you can see, it's located on the corner of East Stanche Leader and Onion Road. This is a view of the subject property facing west from Onion Road. View of the from the subject property facing south and view from the subject property facing north towards East Stanchleader Loop. And this is a view from the subject property facing east across Onion.

Subject property is designated regional commercial on the future land use map and neighborhood infill on the growth sector map. We notified 14 surrounding property owners, and we received no written responses regarding this request. This is the notification boundary. As you can see, essentially, everything around this property is already zoned B 5. With that, staff finds that the request is consistent with the comprehensive plan, and we are therefore recommending approval.

Planning and zoning commission recommended approval of the request by a vote of three to one with commissioner Cooper voting in opposition. She noted that B 5 has a wide range of permitted uses and that the intended use of the property could be accomplished with a more restrictive zoning designation. With that, I'm happy to answer any questions you may have.

Excuse me. So currently, there's a house right there?

Yes, sir.

And so that's currently not leak what's the term? Legal nonconforming?

It's legal nonconforming.

SPEAKER: That is going to be an issue?

SPEAKER: It is already legal nonconforming. It will continue to be legal nonconforming until they reutilize it or get rid of it.

I will ask that for clarification on the question that was asked me. Thank you.

On the side of Onion Road.

Yes, ma'am. It's the hard corner.

Alright. Thank you. Other than that, I don't think there's any other questions. Alright. Thank you. Madam Sector.

PH26006. Hold a public hearing and consider an ordinance submitted by Central Texas Land Development Services on behalf of the Gary W. Persher Jr. Two thousand trust, case number Z2541 to rezone approximately 97.13 acres out of the Eugene Lacerre survey, abstract number 527, and the W. L. Harris survey, abstract number 1155, from a, agricultural district, to r one, single family residential district. The subject property is generally located north of the terminus of Yates Road, east of the terminus of Mohawk Drive, and south of the terminus of Imperial Eagle Drive, Killeen, Texas.

Missus Mesh here.

Yes, ma'am. Thank you. This item is a request to rezone approximately 97 acres from a agricultural to r one. If approved, the applicant intends to develop the property for single family residential development. Based on the applicant's preliminary concept plan, the subject property will yield approximately 365 single family lots.

The red star on your screen indicates the location of this property. This is an aerial of the the subject property outlined in pink. You'll recall that this property was recently annexed into the city. This is a view of the subject property from Imperial Eagle Drive facing south, View from the subject property facing north on Imperial Eagle. View of the subject property from Yates Road facing north.

View from the subject property facing south. This is the notification boundary for this property. We notified a 123 surrounding properties regarding this request, and we did receive one written response in support. That response came from the developer of the adjacent Victory Ranch subdivision. Property is located within the controlled growth area on the growth sector map and designated traditional neighborhood on the future land use map.

The traditional neighborhood place type encourages walkable development patterns with small lots, small setbacks, shorter blocks, diverse housing typologies and a mix of uses. Staff notes that with the recent adoption of Senate Bill 15, the developer is entitled to develop this property in the single family lots as small as 3,000 square feet, which could potentially as many as seven seventy seven to 900 and something lots if it's developed in accordance with Senate Bill 15. The actual lot count, of course, will be determined during the plotting phase and will vary based on subdivision design infrastructure requirements, drainage, open space, etcetera. This slide is a reflection of the applicant submitted preliminary concept plan superimposed on the existing surrounding development. So you can see here how the the ingress and egress will work.

There'll be access for Mohawk through the subject property as well as connectivity to the north, and, a future collector will have sub outs to both east and west. So that finds that the applicant's request is consistent with the comprehensive plan, and we're therefore recommending approval. Planning and zoning recommended of approval by a vote of three to one with commissioner Cooper in opposition. She noted concerns regarding the adequacy of ingress and egress. I'm happy to answer any questions.

Council member Kindred?

Yes. If we could, I believe that's slide 15. Go back to slide 15. In in the Southwest corner right there where so that's gonna connect to Castle Gap and Mohawk. Correct?

Yes, sir. So the city is, as you know, in the process of constructing that section of Mohawk. So the developer would be responsible for the portion of Mohawk within the the boundary of the proposed development.

So on that same note, when you go up CastleGout, will it connects to the backside there too?

No. There is no there's currently no stub out from Castle Gap into the proposed subdivision. All of those lots, I believe, are already developed.

Right.

But there will be connection both to Mohawk and then up here, you can see there's a step out to the east and west for future connectivity if the property on either side is developed. But there is no there's no connection to the existing subdivision to the west into CastleGap currently.

Okay. That's all I had.

Any other questions? Thank you. Madam secretary.

PH26007. Hold a public hearing and consider an ordinance submitted by Mitchell and Associates Incorporated on behalf of Vincent Wynn, case number Z2542, to rezone approximately point eight six four acres being Lot 1, Block 1 out of the Caster Subdivision from B 5 Business District to B 5 Business District with a conditional use permit for the sale of alcohol for on premises consumption. The subject property is locally addressed as 1417 West Stan Schluter Loop, Clean, Texas.

Thank you. Missus Messier.

Yes, ma'am. Thank you. This item is a request for a conditional use permit to allow for the sale of alcohol for on premise consumption for the property a property located at 1417 West And Schlitter Loop. Approval of the applicant's request will allow for on premise consumption of alcohol in conjunction with a nail salon, which is intended to serve both alcoholic and nonalcoholic drinks. If approved, alcohol service will, of course, be secondary to the primary use as a nail salon.

Property is located within within the intended growth area on the growth sector map and is designated regional commercial on the future land use map. Red star indicates the location of this property. This is an aerial of the subject property outlined in pink. This is a view of the property facing north from West Anschleader Loop. View from the subject property facing south, facing east, and facing west. We notified 14 surrounding property owners, and we received no responses. This is the notification boundary, and staff is recommending approval of the request, as presented. And the Planning and Zoning Commission also recommended approval by a vote of four to zero. Happy to answer any questions.

Thank you. There are no questions. Madam secretary.

PH26008. Hold a public hearing and consider an ordinance submitted by Kevin Greenwood on behalf of Highland Development Corporation Incorporated. Case number Z2543, to rezone approximately point 13 acres being a portion of Lot 1, Block 1, Highland Commercial Subdivision Phase 3 from B 5 Business District to B 5 Business District with a conditional use permit for the sale of alcohol for on premises consumption. The subject property is locally addressed as 1100 West Jasper Drive, Killeen, Texas.

Yes, ma'am. Thank you. This is also a request for a conditional use permit for the sale of alcohol for on premise consumption. This property is located at 1100 West Jasper. Approval of the request will allow for the sale of on premise consumption in conjunction with an event center, which will serve, again, both alcoholic and nonalcoholic drinks, and the alcohol service will be secondary to the primary use as an event center.

Property is located within the neighborhood infill area on the growth sector map and designated regional commercial on the future land use map. Red star indicates the location of this property. This is an aerial. So you can see it's on the Southwest Corner of West Jasper and Jennifer Drive. This is a view of the subject property from Jasper, view facing north across Jasper, view to the east, and view facing west.

We notified 29 surrounding property owners. We did receive in this case 10 written responses in opposition to the request. Two of those are from within the 200 foot notification boundary, and six are from within the 400 foot notification boundary, and two are from outside the notification boundary. There were no citizens that spoke in opposition during the planning and zoning commission meeting. This is the notification boundary. As you can see here, the red stars indicate the opposition to this item. Sorry. The yellow stars indicate opposition. Staff is recommending approval of the request as presented, and the Planning and Zoning Commission also recommended approval by a vote of four to zero.

Madam. Secretary.

PH 20 6009. Hold a public hearing and consider an ordinance submitted by Republic Engineering and Development Services on behalf of 5011 Cunningham Road, Killeen LLC, case number Z2537, to rezone approximately 15.3 acres out of the Robert Cunningham survey, abstract number 199, and part of Lots 71 And 72, and all of Lots 73 And 74 out of Llewellyn Estates Number 3, from a agricultural district to r one single family residential district. The subject properties are located along Love Spur, Killeen, Texas.

Thank you. Missus Masher.

Yes, ma'am. Thank you. Mayor and council, this item is a request to rezone approximately 15 acres on the West Side of Cunningham Road from its current a agricultural district to r one single family. The applicant's intent is to develop the subject property for residential use. A little bit of background or or case history on this item.

You've seen this this property before. In January, the applicant submitted a request to rezone the property from rezone the entirety of the property from a and r one to a PUD. The proposed PUD contemplated 80 dwelling units on a single lot with shared open space amenity. That item was recommended for disapproval by PNZ in February and denied by council in May. Subsequently, the applicant submitted request for r one on May 27.

That item was recommended for disapproval by PNZ and was withdrawn by the applicant in June. And this case that's before you tonight, is also a request for r one, which was submitted on October 27. Chapter 31 of the code of ordinances states that when a zoning petition fails to be approved by counsel, the same petition may not be resubmitted with for a period of twelve months from the date of such failure. In this case, if a zoning request is withdrawn by the applicant prior to being acted upon by city council, the section doesn't apply, and the applicant may resubmit the same request within the one year period. So the red star indicates the location of the property.

This is an aerial of showing the subject property. This is a view from Cunningham facing west. View of the subject property facing south, facing north. Properties within the control growth area on the growth sector map and designated residential mix on the future land use map. We notified 49 surrounding property owners regarding this request.

To date, we have received three written responses in opposition, as well as a petition signed by the owners of 25 surrounding properties. Six people spoke in opposition to the request during the Planning and Zoning Commission public hearing. This is the notification boundary. As you can see, the responses received are indicated with yellow stars. During their eighty ninth regular session, the Texas legislature, as you know, adopted House Bill 24, which amended the protest requirements for a proposed zoning change and that this change became effective on September 1.

Local government code now states that if a zoning request has the effect of allowing more residential development than the existing zoning regulation or district boundary, a simple majority vote by the governing body is required for approval regardless of the amount of opposition. So in this case, we've determined that the opposition constitutes 58.028% of the 200 foot notification boundary. Per chapter 31, a protest must be delivered by noon on the day of the Planning and Zoning Commission hearing. So based on all of this, the approval of this request will require the simple the simple majority vote of the city council. For reference, this is the calculation on that 58.028% of opposition.

The applicant has indicated that development of the entire 22 and a half acre property into typical 60 foot residential lots will yield approximately 80 single family lots. Based on this number, Parkland dedication requirements would total roughly $96,000 Staff also notes that per chapter two eleven of the local government code, the city may not adopt or enforce an ordinance requiring a residential lot that will be plotted and located in an area for single family homes to be larger than 3,000 square feet or wider than 30 feet. Staff estimates that development in accordance with the small lot provisions could yield eight to 10 units per acre or as many as 180 to two twenty five lots theoretically. And of course, the actual lot count will be determined during the plotting phase and will vary based on subdivision design infrastructure requirements, drainage, detention capacity, open space, etcetera. So with that, the council tonight has has three alternatives.

You can disapprove the applicant's request, approve a more restrictive zoning designation, I e, AR one, SR two, or SR one, or you can approve the applicant's request for r one as presented. So just for reference, the AR1 agricultural single family residential district has a minimum lot size of one acre and a minimum lot width of 100 feet. SR2 has a minimum lot size of 15,000 square feet and a minimum lot width of 90 feet. SR1 has a minimum lot size of 8,400 square feet and a minimum lot width of 70 feet. But that staff finds that the applicant's request is consistent with the comprehensive plan, and we're therefore recommending approval of R1.

The Planning and Zoning Commission on December 8 recommended approval of S R 1 by a vote of four to zero. S R 1, as I said, has a minimum lot size of 8,400 square feet, a minimum lot width of 70 feet. Happy to answer any questions.

If we were to go to R 1 or SR 1, we are still limited by the state on the requirements.

Yes,

sir. I know it is not a discussion for this meeting, but does that essentially negate the ordinance? I mean, negate the the previous ordinance regarding zoning. And I don't wanna go into further detail, but that affects how this happens, whether we agree with the applicant and your recommendation or the applicant I mean, or the PNC recommendation.

Essentially, with with Senate Bill 15, rezoning this property from agricultural to any residential zoning district would, in theory, allow them to develop lots as small as 3,000 square feet.

All right. Thank you.

Council Member Solemn.

Thank you, Madam Mayor. So, again, what Council Member Mayor Pro Tem has said in terms of that, regardless of what we do, and the builder can, developer can agree now, but he actually can come back and build what he wanna build according to the state

Effectively, yes. Requirements. Yes. Yes, sir.

Well, thank you, ma'am.

You. Councilman. So I'm glad you mentioned that the state. So it's not the city Council. The state put that in place and those are the consequences. Of what happens when the state puts something in place. People get upset with council and staff, but they didn't do anything wrong. They're following the state. You've heard this mismeasure the city is is because he followed all the codes and.

The property is designated on the future land use map as residential mix. So our recommendation for approval is based on consistency with the comprehensive plan.

Okay. All right. Any other questions? Yes, ma'am.

Thank you. So just for clarity because there's a piece in there that was a little confusing for me. So if the state has made this recommendation, then what was the component that you mentioned about the majority vote and that whole process with the people that were in opposition of this? Can you clarify that part of the process for us and what that means for our constituents?

So the legislature did a couple of different things. One is that they the rules about lot size and lot density. They also made amendments with House Bill 24 to the requirements for protests. It used to be that 20% of the notification boundary, the 200 foot boundary, if 20% of the property owners were in opposition, that would trigger a three fourths majority. The legislature changed that requirement, and it's now 60% for a protest.

However, they also changed it that it does not trigger a supermajority. In other words, no amount of opposition, whether it's ten, twenty, 6,100, would trigger a three fourth majority requirement.

I understand. Thank you for that clarity.

Any other questions? Thank you so much. Yes, ma'am. Oh, I'm sorry. Councilmember Solomon had one. I apologize for that, sir. I apologize.

Thank you, madam members. It's okay. So one other question I wanna ask is in terms of the developer. He's he'll he's willing to I know that this is what I wanna ask. In terms of P and Z, they had, recommended SR one.

Yes, sir.

Is that correct? Why did they recommend SR one?

The discussion at PNZ was, surrounding obviously, the request is for r one, and so there was there was discussion about approval versus disapproval. We also made note of the the third alternative, which is to recommend a more restrictive zoning district than what was requested by the applicant. So I laid those out for you tonight, and those those alternatives are also discussed at PNC. And I think the commission was inclined to go with with a a more restrictive zoning designation, and so there was some discussion about which one they should go with and ultimately SR one was the recommendation. It's a slightly larger lot than our one, but it's not so large that it would preclude development.

The applicant did indicate during the meeting that they intended to abide by the zoning district that they're given. Of course, that could change. But as I understand it now, the intent is to

And staff abide by the zoning. R one versus SR one?

Yes, sir. As I said, our recommendation is just based on consistency with the comprehensive plan.

Thank you.

Councilmember, anybody? Alright. Thank you so much. Thank you. Yes, ma'am. Council, if you don't mind, we're gonna go straight into our citizen comments. If you would like to take a break, please feel free as long as I have four people on the dais. The first person for citizen comments is Michael Fernino. Good afternoon. You have three minutes.

Anyone notice how mute my council rep has been throughout all this lively discussion and lengthy agenda that we have this evening? I, for one, would like a very detailed and lively discussion. I find that very informative. But on the subject of appointments and accepting applications, I mean, once again, you'd have this special meeting at two p. M.

What do you folks have against folks being able to attend these meetings? You've already pared down our ability to speak with the time and unfinished business on that. Temporarily, you were suspending the ability to petition you and speak off agenda. That's a dangling one that you hope that we have forgotten about. I certainly have not.

With regard to the appointment process for applications, with this fervor that you have for it, I again address an e mail that relates to this that I sent to all of you and yet to have any comment whatsoever. So yes, I'm bringing it to the lectern. While you examine the ability of somebody to serve as they apply, I would ask you once again to apply that same measure of is a person qualified to my district direct council representative for all the reasons stated in that email, and I'm not going to eat up my full three minutes. I mean, the fact that you have someone who, for stated reasons in the email, I certainly have valid questions as to her ability to serve, sitting right up here. So I question your ability to question anybody else to come in cold.

On this unfinished road business, once again, at the beginning of the meeting, don't give your money away, that gives you power. Well, why is our money continually going to projects that go into things that continually not finished? We just keep moving the finish date down. When is the city manager and the city attorney going to be held to account? You keep saying, they're the greatest people. Oh, they do such a wonderful job. Gilmer Street, Watercrest,

the

rec center.

I mean,

all this stuff just continually sits languishing uncompleted. When will you hold the city staff accountable to actually being able to draw up a contract that they can enforce? And when are we gonna see the city manager actually find a pair of work boots, roll up his sleeves, get on these projects, and put his boots where they belong. These people will get them get them finished time and time and time again. The man is paid to be responsible, but he's never held accountable. I don't think that any of you have the courage to do it. With this police robot, are we now acknowledging that the crime rate has indeed shot up despite what Julie Oliver said if we deprioritized marijuana? Has the city gotten that much more dangerous?

I wonder Heather McNeely. Heather McNeely. Melissa oh, she's here. Yes, ma'am. Oh, I'm sorry. Ma'am, give me one moment. I apologize. Well, you wanna wait till she finish it? Okay. Yes, ma'am. You can speak

to her.

She said no, ma'am. She said come on up. Thank you. Good afternoon. You have three minutes. Good afternoon.

So I'd like to speak on RS 20 six-nineteen. I'm all for the Ransier project. But what about the streets that are right off of Ranciere that still do not have proper lighting? I have contacted both counsel and mister Reynolds for over the last two years of the lack of streetlights off A Valley and the surrounding streets, yet nothing has been done. And it's a completely dark neighborhood.

Valley is actually even listed as a city park, so you could use city park fund fees for that. This goes against city code that there are no streetlights. Next is DS 26,006, charter review. When the charter is reviewed, adding that residents can remotely call into meetings should be myself, have been denied wanting to speak about issues via telecommunications as I work remotely, but I am a citizen of And today, the city secretary informed Ms. Hallmark, a 93 year old lifetime resident of Killeen who is now homebound, that she could not call in to tonight's public hearing that greatly impacts her and her home.

Isn't that against ADA? We make accommodations for city council members that are unable to attend. Those same accommodations should be made to the city taxpayer citizens. DS 26,007. I have a question.

When was the environmental study done on Stagecoach Road? Because the report from the engineering report on Q one twenty twenty four stated you are wanting to get access from the landowners to conduct that study. Myself and my neighbors are all outlined as needing to grant access, yet we have never been contacted for such study, and I have asked multiple times without an answer. When has that study been done? Can I please have an answer on that? And streetlights and why ADA, Ms. Hallmark, is not allowed to call in tonight. Thank you.

Thank you. Melissa Brown, good afternoon. You have three minutes.

I'm passing along some forms. If you all could review them before the public hearing starts, that would be great. When it comes to Ranciere and underground utilities, well, it follows the same process we are dealing with under Brightspeed and their subcontractors subcontractors. Will private property be allowed to be damaged because the city rents out our private property? Thank you.

Our private property through a total of 20 feet of utility easement in the form of fees charged to the utilities, 10 feet in the front of our yards, 10 feet in the back of our yards, with no reimbursement to us, and we still pay property tax on those 20 feet, and that's in addition to the city's easement on the property that we pay taxes for? Or will this be required to go through the city easement on what the subcontractor's supervisor referred to as the beauty easement? How many existing businesses will be destroyed? How many detours will first responders have to make due to a lack of left turns? And what happens when their utilities are not available?

So far, moving or adding underground utilities has been nothing more than a menace, including contractors using reused materials for repairs, refusing to show citizens their permits, and not sufficiently keeping the grass from being covered in rocks, cement, and other debris. That doesn't even account for the number of water lines that have been broken, the lateral lines in people's yards that have been damaged and destroyed, or any other number of issues that the city has had to deal with. What happens when they need to go in and repair those? Is it gonna be on the private side or the public side of the easement of the sidewalk? Because, again, you interfere with people's businesses just in an attempt to make it look prettier.

And it's going to cost the city a lot more money to move them rather than just keep them where they are. If we were going to build something new and have all underground, that would be fine. But that's not the way it is. When it comes to the charter review process, I would hope that there is a citizen committee that is put together for this, even though the former councilman who now stated to the paper he wants a citizen review committee had voted against it in the past. And I would really sincerely hope that council members, as they pick these members, are picking people who are knowledgeable and not just who are your friends, not who are your sorority members, not who are people that you served with or businesses that you want their votes or their support from.

That would be really great. The CCN, I think everybody forgets that there is a lot of liability that comes along with that CCN, and there has never even been a public vote by the council to accept any portion of the CCN. So this seems like this is all just something that is presumed is going to happen. That is not something that we need, something that we're going to be able to use at any time soon because of the restrictions on annexation. So I would hope that that is something that is very carefully considered, and I would love to know the cost total for those liabilities.

Miss Anka Nagoo, good afternoon, ma'am. You have, three minutes.

Thank you, Madam Mayor, Council members. I think it is great to see the proposed purchase of the tactical robot for the police department. I've seen some negative comments online under an article written by the newspaper regarding this particular item. I don't understand those. They keep saying we should use the money to fix the roads, but these are completely different items.

Even if one, one life is saved during the life of that robot, It is well worth it. And I like to remind everybody that last decade, two police officers lost their lives, detective Charles Dinwiddie and officer Robert Hornsby. A robot would have likely helped in those situations. Thank you.

Thank you. That's the end of citizen comments, and I agree with Ms. Aka. That is a great tool that would be used to save a life, and I'm glad that we will be sharing it with other city cities that surround us. So we're we're just that team player. That's a great thing to say. With that being said, we have councilwoman Cobb. Ma'am, the floor is yours.

Alright. Good evening, mayor, council. Privacy is a power. What people don't know that you can't ruin, we have HIPAA that governs that. So I am so sorry, but I am of sound mind, excellent health and good decision making. Remember, you cannot remove a power as powerful as health because it is my privacy.

You announced it.

I just had a question about one of the residents brought up about the environmental study. I just wanted to make sure that we are good.

In

regard to the comment in the environmental study, there has been discussion about when we had our first when the project first started that there was gonna be some storm water analysis. It wasn't an environmental study. It was in regard to figuring out storm water improvements on the West Side of the project right by January. This residents concerned about the East Side which is by East River which was not part of any study.

Mister apologize. Mayor Pro Tem, I apologize. I'm say this to all residents for the ones that are new. We do not yell and scream. There is a protocol. If you would like to speak, we have the citizen comments and everyone have the opportunity. But we're going to respect the people that are talking at this time. Please, because the respect was shown to you. Mayor Pro Tem?

Was there one needed for the Cunningham

No. This was just essentially a replacement of the existing road. What we were intending to do is really we identified a storm water issue on the West Side with the residents on that end and we want to include that in this project. Okay.

Thank you. Not

of mister Zager.

Okay. It was Thank you.

It was My my comment is in reference to the robot. My comment is that I think a robot and spending a couple of $100,000 for a robot to save a life is a great thing because I sit before you being in the military, being wounded in combat twice. A robot saved my life. So that is why I'm here. So I think it's a good thing no amount of money can replace a life. But if we have it, we can prevent a life from being taken from this city and from our first responders. That's all I have.

Any more questions? Mr. Wallander, can residents call in on the phone for public hearing, the legal side of that?

The Open Meetings Act does allow the city to adopt an ordinance that does permit this governing body to allow residents to call in and to provide remote testimony. However, the city of Killeen does not have an ordinance or anything in its governing standard that permits it. So absent that ordinance or standard, this governing body does not have to allow it, and it's been historically denied.

Yes, sir. Thank you. Mister Reynolds or mister Knowles, someone can help with the lights on that street that was discussed. Miss. Thank you. And Mister Browns, I apologize. Assistant city manager I apologize for that, sir.

So in regard to the lights, we did have reach out to encore. They're the ones who install the street lights. We did have a street light installed in that corner. We reviewed where they are in regard to bus stops and the intersections. We're continually have an update. But there are street lights out on there. And the one location that was requested, there has been a street light added to that street.

Okay. And one of the things I would like to say, and I I don't know if this is something that you already have in plan, but throughout the city of Killeen, some lights have gone out. And I know you get to them as quick as you can, especially with the revenue that is needed to fix these things. And I know do you have, mister Reynolds, a plan? I keep on forgetting you, the assistant city manager. Mister is there a plan in place. How do we know that when stuff like this broke? I know we have the Mister answer. I know we have the app put in place by the city and I know we advertise that it's on Facebook. If something is broken, you can you the last that app to report it and maybe that's the way we go about it.

So in regard to Street lights, they're all maintained and repaired through on core. So the city's city crews don't maintain those except for a couple locations where we have an agreement with tax dot. If the resident sees a street light up, they can go to encore. They have on their website, a location to to report an outage and they can they can have that replaced. They can also go to see click fix. We can get them the the link or we can up. We have also filled out that that request to Encore as well. They they can do it them citizens can do it themselves or they can go ahead and just get on See Click Fix and we can work on that ourselves as well. Work

with

But that all

my question was, do we we know that Encore do it. Got it. Got it. But if we see it, do we automatically report it? That's

my we question. Do.

That's all I was asking. I'm going to ballot the wrong way probably, But thank you for answering that. Thank you. The citizen comments is over. Councilwoman the cop. You All right. Let's get busy. All right. Consent agenda. Can I get a motion to approve the consent agenda? Council member Mavarus.

Mayor I move to approve the consent agenda as presented

council member saw merit pro tem.

A second.

All in favor. Yes, all opposed. No. All in favor. Yes. All opposed. No. Motion carries six to zero. Now we will go into the public care. I'm sorry. Did you need to change to keep and keep going. Okay. I apologize. We're now going into the public. And if you want to sign up to speak for public and please do it now.

We're just gonna take a three minute break. Counsel, we I mean, we're going right back in. I'm just waiting, giving people the opportunity, came in to sign up for public hearing, and we're going right into it. Oh, yes, ma'am. I know you.

I forgot you too. I forgot I forgot you guys. Get two of the three of the council members. We'll go right back in. Okay.

We have four council members to take under consideration everyone's time. And I'd like to say the Citizen Academy students that well, attendees that are here, thank you for coming out and participating in tonight's council meeting. So is there any Citizen Academy? I know it is. Is there some? Okay. Yes. Thank you all. Thank you all. And I hope you all signed in. Good. Alright. We're gonna go right into I don't know where mister Kagel went. Oh, okay. Are we missing no.

This is it. Oh, y'all ready? Oh, y'all ready. Okay. Okay. Okay. Okay. Remember y'all saying that, but tell them. Alright. Council, I got one more form coming in.

Have everyone signed up that would like to speak during public hearing? All right. Counselor, as you know, Mrs. Messer has gone through the slides. Would you like for her to go back through the slides again?

Ms. Bobby?

Yes. Oh, no, ma'am, we didn't want you. Just looked I was on the wrong page. No, ma'am. Thank you for being on it. Thank you. So that was about the amendment to the budget.

Yes, ma'am. I need to read the ordinance caption until

end of Please go ahead on.

Yes, ma'am. Thank you. P H26002. Hold a public hearing and consider an ordinance amending the fiscal year twenty twenty six annual budget of the city of Killeen to increase revenue and expense accounts in multiple funds. The caption of the ordinance reads, an ordinance of the city council of the city of Killeen, Texas amending the FY 2026 annual budget of the city of Killeen to increase revenue and expense accounts and multiple funds, repealing all ordinances or parts of ordinances in conflict with this ordinance, providing a savings clause, and establishing an effective date.

Thank you. The public hearing is open. Melissa Brown? Good afternoon. You have three minutes.

Left my notes over there because after thinking about it and realizing that, at a minimum, half of the council members sitting in front of me today have either been delinquent on their taxes or have gone into tax foreclosure on their businesses because they can't figure out how to pay taxes. You don't understand finance. So you're going to make a blind vote. It's pretty much a requirement anyway. This is really just a formality public hearing and a formality vote because the money that you're supposed to be transferring and carrying over has already been accounted for.

It's already been encumbered. It's already been promised to people as part of contracts. You spent money before we had it. Now you have to approve this in order for us to pay for these projects. All those ones that say carryover or encumbered, that means that it's already been promised as part of the contract.

Go ahead and look confused, Mr. Kagle, because that would tell me you don't understand the words that were said either. When it came to Watercrest Road, it was said, we will pay for the change order after we do the year end budget amendment, right, because we didn't have the money for it in FY 2025. We had to wait, make sure we had enough money left to carry over in order to pay for that. The same is true for half a dozen things that were read off that are encumbered already.

Encumbered meaning that it has been promised. It has been already accounted for to be spent. So since you can't figure out how to pay your own taxes and keep your own businesses from being shut down by the state, I see no reason to go into the details on the finance aspect.

Public hearing is closed. Mister Kagan?

The speaker clearly doesn't understand what an encumbrance is. The money is thank you for proving my point. The money is already there. It was already there in the '25 budget. Actually, it was.

So coming from a person that can manage Mister miss Brown, mister Kagle has the floor. Please stop. Miss Brown, mister Kagle has the floor. No one spoke when you were here. Please be respectful. Mister Kager, I apologize for that behavior. The floor is yours.

Apologize for that. Apologize for your stuff.

Please be quiet. Mister Kager, the floor is yours. I apologize.

Money that is encumbered is there. Yes. A product, a service has been ordered. It has not been received in the '25 budget. That money is then carried over to the '26 budget. Not mismanagement. Every city in the state does it. Thank you.

Thank you, sir. I apologize once again. Alright. Counsel, any other questions? Do you have a question?

No. Closed the public hearing. I was ready to do a motion.

I already closed it. Right. Do you have a question?

I move to approve PH 25 26 dash 002.

Councilmember Solomon.

Second, ma'am.

Any discussion on this item? All in favor, yes. All opposed, no. Motion carries six to zero. Counsel, Mrs. Measure has gone through PH dash 28 dash 003. She has gone through the slides. Would you like for her to go through the slides? PH26Dash003. Okay. Madam mayor. Secretary.

Oh, yes, ma'am.

Madam secretary.

P H 26003. Hold a public hearing and consider an ordinance submitted by Central Texas Land Development Services on behalf of Clear Creek Commercial Limited, plume number 2506, to amend the comprehensive plan's future land use map from a regional commercial designation to a residential mix designation for approximately 1.81 acres out of t Robinette survey abstract number eight excuse me, six eighty six. The subject property is locally addressed as 5201 West Dan Schluter Loop, Killeen, Texas. The caption of the ordinance reads, an ordinance amending the comprehensive plan's future land use map by changing the designation of approximately 1.81 acres out of the t Robinett survey abstract number 686 from regional commercial designation to a residential mix designation, providing a savings clause, providing for the repeal of conflicting provisions, providing for an effective date.

Thank you so much. Public hearing is open. Melissa Brown, you have three minutes.

I've said it before. I'll say it again. When you change the film, you are making amendments to the city's 2040 comprehensive plan, the one that the citizens developed, one that the citizens came up with. It is our plan. It's not the mayor's plan.

But if we take a look at the map where it zooms in and it shows the current flume as compared to the requested flume, what you're gonna see is that we are carving out about a half a block of area that is surrounded completely by residential commercial to put more houses. In fact, there will still be a portion of the edge of that line that is still going to be commercial because there's commercial property there. It doesn't make sense to keep adding more houses. What if the citizens say they don't want more small housing, more smaller lots? So to change this, the next step is to come in and have it rezone to R one.

R one is going to allow more small housing, and you're gonna put that right next to a bunch of gas stations where the traffic all comes out and converges together. It's not safe, it doesn't look great, and it's just not a smart move, but don't keep changing the flume. Don't keep changing the comprehensive plan so that you can come back to us at a later day and tell us how great you are at following the comprehensive plan. You can follow anything when you change it as you go along. Keep it the way it is, please.

Micah Fornino, you have three minutes.

Remind me again why we have a comprehensive plan. We threw a whole bunch of money at Mr. Cagle's pals at Verdunity to

come up with

the formalized thing. And then every time something comes up to that which is inconvenient to the developers and the housebuilders and all that, we change the comprehensive plan. And so you've got people making money on the front end to put this comprehensive plan together. And then every time something is inconvenient to the usual suspects, they make money on the back end. I mean, did we just waste our money?

I mean, it sounds like somebody who doesn't understand things And up there, I'm sure I'm going to get the snippy answer from him. But I mean, for crying out loud, we have a comprehensive plan. I'm not saying that there's an anecdote that says that it's a bad plan that can't be changed. But I would really like in a couple of years to see what the original plan was, overlay it to where we're at, and just see how much of our money got wasted where this comprehensive plan in no way resembles what we paid for. I mean, this is just irresponsible again.

I mean, we are not a walking, talking ATM to you folks. And with the smaller lot sizes and everything else, I mean, this sounds a lot more like tax farming. I mean, maybe if we had something other than the model of sales tax revenue on single family homes in this town, we'd be in a lot better sorts. I mean, anything other than r one. We rezone, rezone, rezone, and every single time, well, the majority of the time, I'll put it that way, I'll be fair.

The majority of the time, it comes down to r one. And may I remind everybody at home and listening that the majority of you have had or still do have interest in the real estate market, and yet you have the temerity to snap back at me from time to time. Nothing we do up here benefits us. Remind us again where a lot of income on that dais comes from? Can't tell me that, oh, we don't make money on that house initially. Well, everything's on the wheel, folks. It all comes around eventually. That's just more houses you can buy, sell, and horse trade down the road, if not immediately. If you're not in the front end, you're sure as hell on the back end. This benefits nobody except the usual suspects.

I'm sick and tired of looking at this comprehensive plan, and every time we turn around, there's a large chunk of land, we have to change it. Or should I be more correct in saying, you have to change it because that's inconvenient to the contractors, the developers, and every other damn thing? How many businesses, because of this shortsightedness, do we not have in this town? Dell, world headquarters, Toyota could have been building the Tundras here. But that same short, I've said it before, the cast changes, but the script doesn't. What would this town look like if we actually had some semblance of industry and longevity?

Thank you. So can I get to is up? Public hearing is closed, and for the record, the lot size is decided by the state. We said that several times. It really doesn't have anything to do with this council, and we do follow the state. The second thing, the comprehensive plan, which I love, is the people plan. Input from all residents, different entities, police, fire department, Fort truly love the comprehensive plan. And the comprehensive plan is just like any plan. It's a working plan. And I guess you heard that a lot.

So I'm proud of it and I'm glad that during my time on the council, we got to work on it with this council and the council prior. So with that being said, with public hearing being closed, can I get a motion to approve PHDash26Dash003? Councilmember Kindred.

I'd like to make a motion that we approve PHDash26Dash003. 26Dash003.

Is there a second to this motion, Councilwoman Cobb? Yes. You second the motion?

Yes, I second.

All in favor, yes. All opposed, no. Okay. Okay. Councilwoman Cobb. Thank you, Mr. Kagan. Motion carries six to zero. Madam Secretary?

PH26004, hold a public hearing and consider an ordinance submitted by Mitchell and Associates Incorporated on behalf of the Tietze Family Recovable Trust, Case No. Z2539, to rezone approximately 0.14 acres being part of Lot 8 Block 8 Marlboro Heights revised from R1 Single Family Residential District to SF2, Single Family Residential District. The subject property is locally addressed as 802 Highland Avenue, Killeen, Texas. The caption of the ordinance reads, An ordinance amending the City Of Killeen zoning ordinance by changing the zoning of approximately 0.14 acres being part of Lot 8 Block 8, Marlboro Heights, revised from R1, Single Family Residential District, to SF2, Single Family Residential District, providing a savings clause, providing further appeal of conflicting provisions, providing for an effective date.

Thank you so kindly. Counsel, Mrs. Messer, has gone through the slides. Would you like for her to go back through them? That's a no. Yes, sir. Did you say something, Councilmember Solomon? Yes. Councilwoman Cobb, you want to go back through the slides?

No, don't want to go through the slides, but I have a question

for Mrs. Messer, thank you for coming back up.

Mrs. Messer, I am so sorry. I have to ask you the question. Planning and zoning, were they for pH twenty six zero zero four? What was their Let's see.

They recommended approval. I wanna yep. Approval by vote of four to zero.

And can I ask her one more, then that way she I won't ask

you? Ma'am. You can the same was yours.

PH2605. Was it 321?

Oh, ma'am. We have to stay on the agenda item. Okay. When she come back I apologize. I misunderstood you. I thought she was talking about this item.

I want to get all three of them

Oh, no, ma'am. When she come up, she she'll be available. Okay. Yes, ma'am. Thank you. And I apologize once again, counsel on the call.

That's fine.

I didn't know that you was talking about other items. Alright. I don't have anyone signed up for public hearing. Alright. Can I get a motion to approve or disapprove p h dash 26 that council member Solomon zero zero four? Okay. Public hearing is open. Public hearing is closed. Thank you, Mr. Kaysler. Be safe. You were right about that.

Yes, Madam Mayor. I'll make a motion that we approve PH-twenty Six-four.

Thank you, sir. Councilmember Kah.

Oh, I second.

All in favor, yes. All opposed, no. Thank you for that. Motion carries, six-zero. Madam Secretary, whenever you're ready.

PH twenty six zero zero five. Hold a public hearing and consider an ordinance submitted by Dominic Voe on behalf of Hong Kim and Rebacopal Living Trust, case number Z2540, to rezone approximately 1.313 acres out of the Robert Cunningham Survey, abstract number 199, and Eugene LeSphere Survey, abstract number 528, also known as part of Lot 16, Llewellyn Estates Number 3, unrecorded subdivision. From B 2, local retail district to B 5, business District. The subject property is locally addressed as 4801 Onion Road, Killeen, Texas. The caption of the ordinance reads, an ordinance amending the City Of Killeen zoning ordinance by changing the zoning of approximately 1.313 acres out of the Robert Cunningham Survey, abstract number 199, and Eugene Lacerre Survey, Abstract five twenty eight, also known as part of Lot 16, Llewellyn Estates 3, Unrecorded Subdivision, from B2, Local Retail District, to B5, Business District, providing a savings clause, providing for the repeal of conflicting provisions, providing for an effective date.

Thank you. Counsel, Mrs. Messer has gone through the slides. Would you like her to go back through them? Counselor Warmacop, I know you have a question. Thank you for coming back up.

SPEAKER: It is basically the same question. I have lived on Onion Road forever.

And now the P and Z, what did they vote and what did the city vote? Recommended staff recommended approval and the Planning and Zoning Commission also recommended approval by

a vote of four. Thank you.

Any more questions? No? Alright. Public hearing is open. Melissa Brown, you have three minutes.

Miss Cobb, you should be familiar with this one. It's just down the street from your house. Yeah. It is a nice little corner over there and a nice little house that's already there, but you so you'd are aware of the safety concerns. The traffic in that corner, the amount of traffic that already goes through there, and the Onion Road doesn't have a stoplight there, that this would add higher level of business.

So that means more traffic coming in and out of that one location. Regardless of the fact of what's around it, this isn't about what's around it necessarily so much as it is what is at that corner and how safe would this be. Besides the additional traffic, the offices and salon suite business offices and salon suites are already approved under B2. Salon suites, as explained and described at P and Z, are just build to suit suites where it would be leased out spaces for stuff like offices. Maybe as the salon would sound, you lease it out for doing hair, for doing nails, for doing aesthetics, for doing massages, all things that can be done in a B2 or a B3.

Ms. Cooper also did point out the number of half vacant strip malls that are already in that area questioned the necessity to have another large strip mall put right there. But also, in addition to that, she that she felt the least restrictive zoning that should be there is B3 because B3 would still fit all of those needs. B3 would even go so far as to allow a gas station to be built there. Once we get into B4 and B5, you can have pretty much anything there as long as it's not industrial or manufacturing. So, do we need a car dealership there? No. Do we need an auto repair shop there? No. Do we need any of those higher intensity usages right there?

I don't believe the answer is yes. It's not beneficial to that neighborhood. It's not beneficial to that community. With all of the stuff that's going on on the other end of Onion Road over at Stagecoach and all the development there, the traffic that's gonna be diverted down through Onion, adding another high intensity business right at that corner is going to increase the danger level, increase the number of vehicle accidents, and just not improve the area. Keep it as a b two, allow them to build their business offices and their suites. Go ahead and let them do that. But they can do it as a b two or b three, and this council does have the option of doing a more restrictive zoning than the b five request, and that would be the b three. Thank you.

Thank you. Public hearing is open. Council Mccarb, did you have a question on this?

No, I don't have a question.

Do any other council member have any questions? Public hearing has been closed. Council, what is your pleasure? Council member Alvarez.

Mayor, I move to approve this item as presented and recommended by PNC and city staff.

Councilmember Kendrick.

A second.

All in favor, yes. All opposed, no. Motion carries six to zero. Madam secretary, whenever you're ready.

PH 26006 hold a public hearing and consider an ordinance submitted by Central Texas Land Development Services on behalf of the Gary W. Perser Jr. Two thousand Trust, case number Z2541, to rezone approximately 97.13 acres out of the Eugene Lacerre survey, Abstract No. Five 27 and the W. L.

Harris Survey, Abstract No. Eleven fifty five, from A, Agricultural District to R1, Single Family Residential District. The subject property is generally located north of the terminus of Yates Road, east of the terminus of Mohawk Drive, and south of the terminus of Imperial Eagle Drive, Killeen, Texas. The caption of the ordinance reads, An ordinance amending the City Of Killeen zoning ordinance by changing the zoning of approximately 97.13 acres out of the Eugene LeSieur survey, abstract number 527, and the W. L.

Harris survey, abstract number eleven fifty five, from A, agricultural district, to R1, single family residential district, providing a savings clause, providing for the repeal of conflicting provisions, providing for an effective date.

Thank you so much. Councilmember S. Messer has gone through the slides. Would you like for her to go back through? Councilwoman McCobb, do you have any questions? Oh, okay. One minute, sir. I know you're gonna say No. I'm not gonna say anything. Do you have any questions?

No. I've been on a four wheeler. I rode the four wheeler across the lane to see Oh,

and you already went over and looked at it.

Yes, I've been following a ride.

Yes, ma'am. To know. Councilmember Kendrick.

There you go. I know we was talking about this this land here too. This development, will they be required to have parkland inside of this? I didn't

see it anywhere in the

previous preliminary plat, they'll be required to comply with the parkland dedication ordinance, which is to say that they can either dedicate parkland or pay the fees in lieu.

SPEAKER Okay. I just didn't see it in there. I figured it comes

later, one: correct? SPEAKER That will be determined during the planning phase. Yes,

Okay. Thank you.

SPEAKER And

Ms. Messer? It was approved. Three one zoning.

Recommended for

approval. Yes, it was recommended. And for with the staff, city staff. Did you all approve it?

SPEAKER: Yes, ma'am. SPEAKER: Alright.

Okay. Are we all right? Okay. Any more questions? Okay. All right. Public hearing is open. Melissa Brown, you have three minutes.

The

person is not here to do public hearing, but you can come on and thank you. Come on. Well, me see it. The applicant sir, you already told me you're gonna speak to a public hearing. Yes, sir. So let me just go ahead on and say that for the record because he already told me. Invitation app The invite for the applicant, they do have the option if they want to speak or not. But they also can speak during public hearing and they also can speak during the citizen comment. The applicant have that and I will say it again. Ms. Brown, you have the floor. Your time has not started. Madam Secretary, you can start time. Thank you.

So you're not going to follow the governing standards, which actually lay out the order in which this should happen, which is the applicant comes up first. Instead, you're going to allow the applicant

to Are you

asking ask the me a question?

No, I'm making a statement and I'm going, you're eating my time now.

I thought you was asking that I have the floor.

I didn't say it in the form of a question. So, no, you'll know when it's a question because I'll say, question? So stop eating my time and be respectful. Thank you.

You're welcome.

Stop talking over me. That's rude. You should apologize. Okay. So, SB 15 does have exceptions that can be made to it, by the way.

It does not prohibit the city from imposing zoning restrictions that are applicable to all similarly situated lots or subdivisions, k, including those restrictions related to the mitigation of stormwater runoff, to sewage, to flooding, to anything else, well water that would be located on individual residential lots. There is a lot that is actually given as exceptions to that 3,000 square foot rule but we would have to read the whole law in order to know that. The biggest issue that I have with this particular one is the ingress and egress. So, even though it says that it is going to come off of Mohawk Drive, Mohawk Drive doesn't really exist right there. Mohawk Drive is a little dead end stub out until the city pays our bond money to build a road leading into a sub development that we may or may not get property tax money from.

Instead, most of this traffic is going to go out into Imperial Eagle Drive which goes into Alamacitos because as if Alamacitos doesn't already have enough issues. To try to tell us that the road would be done before any houses is ingenuous at best because that would be like saying Gilmer Street and Watercrest and Bunny Trail were all done in the timeframe that they were promised that they would be finished in. You can't promise that, which makes this unsafe, which makes it difficult for traffic to get in and out of there, which means that first responders have to go all the way through Alamacitos to get to a subdivision that could have as many as almost a thousand houses in it because we can't restrict the size of these lots if you make it R1. Until there is proper infrastructure in there, since this is in a controlled growth zone, putting it there would not comply with the 2040 plan. In a controlled growth zone, the only reason that we should be approving anything is if all public infrastructure is already existing there.

It does not exist there. There is not even a road that connects out to Bunny Trail or to Rees Creek Road from there. There is no main artery that this goes out to. You are going to funnel all of this traffic into Alamacitos as if they don't have enough issues with traffic already and then that's going to also interfere with school business. I'll wait for your apology.

Oh, I apologize, but I didn't do anything wrong. Miss Uncle, it's your time. You have three minutes. And I will clarify that what mister Persa do have the right to speak or not to speak. He has that right. Miss Anka, you have three minutes. The floor is yours.

Thank you. Mayor pro tem.

Thank you, madam. You, Madam Mayor. Counsel, obviously, I'm in favor of approving the rezoning since I'm going to work on this project as the engineer of record. This is application. I know a layout was submitted.

If you approve the zoning, the rezone, it doesn't mean you're approving the layout. That will be dealt with during the plotting. And, also, we're going to address any drainage issues. We're gonna address waters, sewer, also property access. I did notice that one of the commissioners stated that they had concerns about ingress and egress, and that will be addressed during the plotting.

So the zoning doesn't have anything to do with the drainage or just rezoning. That that's all you're approving today. And if we meet requirements for ingress and egress and everything else, there shouldn't be a problem with approving later. But again, we'll deal with that later. Also, I'd like to add that with permission from Mr.

Perser, who's the owner, I have the privilege of naming the streets. And it is my distinct honor to name the streets after first responders who are no longer with us, captain Marvin Taylor, detective Charles Dinwiddie, officer Robert Hornsby, and also other names of Fort Hood soldiers who died in the war. Thank you.

Thank you. Mister Gary Purser? Good afternoon, sir. You have three minutes.

Thank you, mayor, council. Good to see all of y'all back. We can start again this year. Ms. Brown, I own the property, about comments. I would like to address a few of them. One of them is being infrastructure. There is infrastructure there. There's water and sewer, and that's infrastructure. Talked about a road coming like y'all are bringing a road to me.

Y'all are planning Mohawk Drive as we speak. Y'all have an engineering company. And obviously, it's going to go through my competition's land. And I'm asking the city, just bring it home down through me. They're getting a free road. I'm going get to pay for it. I'm going get to argue about it. I ain't paying for

it yet, but I

will argue about it. I would like for all the council to know that I have mentioned to staff, I have mentioned to people that while I'm out there working, I would entertain talking about like kind work to try to help facilitate Mohawk. So that's been on the table. There has not been much talk about it. But while I'm there, I will look at like kind work while I got my tractors out there.

If you all have any questions, I do agree that we're talking about zoning. I'm not sure how we're getting planting and infrastructure and drainage involved in plotting, two separate issues. If you all have any questions, I'll be happy to answer them. I've got one more question. Don't take all my time because I do have a question that I want to learn something here tonight. We talk about a public hearing, but I've got to sign up for it. And I forgot to. Ms. Honka signed me up for it. But I'm confused if it's a public hearing.

That means the public gets the talk. Why do I have to sign up for it? I don't know if that's state law, I don't know if we voted on it, but somebody can tell me what's going on.

We'll defer that to our legal team. Public hearing, the question he has is why do we have to sign up for it if it's the public? Anybody can come up and talk.

That's true. But there is no there's no prohibition on requiring, the public to sign up for it in advance. This is just to to ensure productive meeting. And it's just been the city's long standing policy to require that sign up in advance, but there is no prohibition on requiring that.

Yes, sir. Mister Perser, your time has stopped. When I'm talking, your time does not go. Mister you didn't hear him?

I cannot hear the

recording. Sir, can hear or you hear him? Could you speak into the mic? He he cannot hear you.

Sure. You just want to repeat myself?

Yes. So he couldn't hear you.

So state law didn't prohibit us from from requiring it. It's just been the city standard in policy in order to acquire it to sign up in advance, and that's just to ensure the productive meeting and for it to move along quickly? Because it's been the standard policy, it's continue with it, but there's nothing that prohibits it.

Yes, Herbert. I still don't know that I understand because it is a public hearing. So are you telling me that the city had to pass some kind of ordinance or they had to pass some kind of whatever it might or might not be to require us to sign up. Because we used to not have to, sir. We can answer it later. It didn't have to be answered tonight. I'm just confused and I can learn something here.

Yes, sir. But one of the things I wanted to add on thank you so much, sir. One of the things I wanted to add on, public hearing, if you don't have to sign up for it in the beginning, you just have to sign up before we discuss it. So when you come in, if the meeting has already started and we have not gotten to public hearing, you can sign up for it. It's just the citizen comments come early. And since I've been on here since 2017, this has always been a practice. So I can only assume that it's been a while. Know, Mr. Perce, I apologize for that.

2017. You're a newcomer, man.

Yeah, yeah.

Welcome to the party.

Yes, I'm a newcomer. You've been You've been around. So that's what they have. Anything else you want, Mr. Percy? You have anything else you want to say on your item? You do have thirty one seconds.

I want to use them up. Any comments you all have, ingress, egress is not as desirable as you'd like it. The infrastructure is there. You all are going to be a Mohawk. That's going to help things a whole lot. I do want to remind everybody that I'm willing to talk about like kind work that happens quite often or from time to time. And appreciate your support. Thank you.

Thank you, sir. Public hearing is closed. And for our citizens that are here for this Killeen Citizen Academy, I just want to clarify something. When an individual do have and it's their item that's on the agenda, they do have the right to speak if they choose to, the applicant. They have that right, but they also have the right if they don't want to speak.

They don't have to, but they can speak during citizen comments, public comments, and also, if it's their item, the applicant. But they don't have to. Or they can have a representative to speak on their behalf. With that being said, the item public hearing is closed. Can I get a motion to approve or disapprove? Councilwoman Cobb. Mayor? Yes, ma'am?

I move that we accept.

Approve. Approve. Disapprove, whichever way.

We're gonna approve. Approve

p

h twenty six zero zero six.

Council member McCart I mean, Solomon. All in favor, yes. All opposed, no. Motion carries six to zero. Madam secretary, whenever you're ready.

P h twenty six zero zero seven. Hold a public hearing and consider an ordinance submitted by Mitchell and Associates Incorporated on behalf of Vincent Wynn, case number Z2542, to rezone approximately point eight six four acres being Lot 1, Block 1 out of the Castro subdivision from B 5 Business District to B 5 Business District with a conditional use permit for the sale of alcohol for on premises consumption. The subject property is locally addressed as 1417 West Stan Schluter Loop, Clean, Texas. The caption of the ordinance reads, an ordinance amending the city of Killeen zoning ordinance by changing the zoning approximately point eight six four acres being Lot 1, Block 1 out of the Caster Subdivision from B 5 Business District to B 5 Business District with a conditional use permit for the sale of alcohol for on premises consumption, providing a savings clause, providing for the repeal of conflicting provisions, providing for an effective date.

Thank you, Madam Secretary. Counsel, Ms. Messer has gone through the slides. Would anyone like for her to go back through them, or anyone have a comment? Okay.

Is the applicant or a representative here that would like to speak? Okay. Public hearing is open. I don't have anyone signed up. Did you want to say something? Public hearing is closed. Councilmember Mayor Pro Tem?

Madam mayor. Madam mayor, I move to approve p h 26 Dash zero seven.

Council member Kendrick.

I second.

All in favor, yes. All opposed, no. I let the record show that council member Everest stepped off of the dais. Councilmember Solomon, councilwoman McCobb, have you voted? All in favor, yes. All opposed, no. The motion carries five to zero. Madam secretary, whenever you're ready.

PH26008. Hold a public hearing and consider an ordinance submitted by Kevin Greenwood on behalf of Highland Development Corporation Incorporated, case number Z2543, to rezone approximately 0.13 acres being a portion of Lot 1, Block 1, Highland Commercial Subdivision Phase 3 from B5 Business District to B5 Business District with a conditional use permit for the sale of alcohol for on premises consumption. The subject property is locally addressed as 1100 West Jasper Drive, Killeen, Texas. The caption of the ordinance reads, an ordinance amending the City Of Killeen zoning ordinance by changing the zoning of approximately 0.13 acres being a portion of Lot 1 Block 1, Highland Commercial Subdivision Phase 3 from B-five Business District to B-five Business District with a conditional use permit for the sale of alcohol for on premises consumption, providing a savings clause, providing for the repeal of conflicting provisions, providing for an effective date.

Thank you, Madam Secretary. Counsel, Mrs. Messer has gone through the slides. The applicant here? Alright. Public hearing is open. Is the applicant here and would like to speak? Oh, come on up, sir. Public hearing is closed. Is this PHDash26Dash008?

Sir, I apologize. You go first anyway. The applicant go first, miss madam secretary. The applicant go first. He's the applicant.

Yes, Sir. City mayor councilman. You can speak in the Mike.

City mayor councilman, thanks for thanks for entertaining me today. I there was a lot of people that were opposed to, you know, what we were doing, so I wanted to come up here and specify kinda what we were doing. I introduced myself and my business partner. We're both retired military. We've been operating the business that's adjacent right there next to it for the last seven years.

Sir, I apologize. If you don't mind, she have to stay. Is it okay for her to go first even though the applicant go first? Can she go for pop? I got to open up public air. Okay. Go ahead on, sir. We have to open it up. Alright. I just didn't want her to stay in that long.

Not a problem, ma'am. We have owned JKM Entertainment, operated it since July 2018 with no major issues or violations. Since taking over the property of Jasper, we have made proper or a proper a priority to maintain and clean the environment free of drugs, loitering, and deceptive activity. We take pride in being responsible business owners in a good neighborhood. We proposed the event center is not intended to be a nightclub, which I guess that's one of the problems that there was.

In fact, operating a nightclub at the location would negatively impact the existing business that I own next door, which we intend of not doing. Our vision of the space is community focused event value venue that will host children's birthday parties, military retirement ceremony, six 16 birthdays, and other local community events. Our request for the zoning change primarily allows allows us to apply for the liquor license that would enable us to control the alcohol consumption on the premises rather than just being a BYOB, which we all know that most businesses can just give alcohol away. But, this puts us responsibility for it, which is why we're applying for it. Yeah.

Which limits our ability to monitor and regulate the alcohol. Having license controlled environment enhances the safety and accountability of the people around and associated with us. We have worked directly with the zoning officials and can confirm the property has no more than adequate parking to support the proposed use. Additionally, there will be no increase in traffic to the area as the property located to Main Street, and a lot, and flow of traffic will not interfere with the nearby homes and the surrounding businesses. We already play music adjacent to the lot and do have no received have received zero noise complaints in the past eight years, which demonstrates the commitment and the respectful of the surrounding area. Any questions for me?

Yes, sir. Councilman Kendrick. Good afternoon, sir.

First question I have, with that lot being there next to the one that you already have, you said you you you operate the other half of that too. Correct?

Yes, sir. So it's one lot. It's a it's a building with two spaces, and we operate the right side.

What would be the hours of that new establishment?

Well, it'd be based on the whatever somebody would rent it out for or occupy the space. It's not intended to be a late night hour spot, and it will not be a late hour night spot. I don't imagine it running past midnight, but I don't I haven't clarified all the I mean, obviously, if somebody comes with an event, you know, they're having a, you know, family gathering or whatever, and they wanna rent the space, and it's a it's a night event. I

think that that's

So would it be in a space that you're renting out, how will you control that consumption of alcohol from people bringing in alcohol? Because when people have an event and they're able to bring in were not able to bring it in, how will you control that parking lot to keep people from sitting in their cars, drinking, and smoking.

Absolutely. Yes, sir. And that's the problem that we've ran into the last eight years, and, we do it by having outside security, currently with what we have. Like I said, myself, my business partner, we're retired military, so we structure our business, in that aspect. So, when it comes to when you come and rent that space, you're getting the the security. We're providing the security. We're providing the the bar if associated with the event that that's going on. That way, we're controlling and able to maintain and and profit from it.

So with that, you will have signs posted. You cannot consume

Oh, absolutely.

Yes. Outside this.

Yes.

I I understand, but I'm just I'm making sure and asking. So with also with that, because I read a lot of the citizens' concerns about it, but you said you don't know exactly your hours, but you wouldn't go past midnight.

I I don't cannot guarantee that, but I don't imagine an event going that long without it being something other than what we have proposed.

SPEAKER:

Any more questions? Councilwoman McCall. I know this

is a zoning meeting, and it's in reference to events being held with consumption of alcohol.

Yes, ma'am.

But wouldn't that entitle the person that owns that building and that alcohol is being consumed to have an officer or a person on the premises to govern that?

Yes, ma'am. Yes, it would.

Okay.

Yes, it would. Absolutely.

Alright. Thank you. Sir, are there no more there's not any more questions for you? Thank you. Alright. No, sir. Public hearing is open. Miss Janice Stafford, you have three minutes, ma'am.

Good evening. My name is Janet Stafford. For many years, I have owned the house at 1013 Stevens, which comes within the second circle of notification, just down the street from where this property is. There's many people that live on the street that are elderly, not necessarily as old as I am, but there are several that are second generation people that have grew up there, come back, got a house there. This is a nice neighborhood.

And we're very concerned about the traffic, about whether or not after this event situation that he's talking about comes to pass, whether or not that the what is it? The cup, the CP, whatever you call it, the ability to have liquor by the drink on the premises, is that going to be set in stone and it'll go with the property? In other words, if he changes his mind and he's going to open a bar and have it open all the time, Are the doors going to be open all the time for people off the street to come in and drink? There's a number up and down that Andover, that street that's around the corner. There's it's a bus stop for the school kids.

So there's lots and lots and lots of kids up and down the street getting off the buses and walking to their respective houses in the neighborhood. Many people have expressed to me a concern about that as well. So we definitely didn't want to make a bar in a nice neighborhood. And I don't know whether or not because I don't know the rules whether or not, once you agree to this, it's just one step on to another type of business. Is this going to be only open for events and then the rest of the time, the doors are locked or what?

There's a lot of traffic in the area because of the game room that's next door. And he has told me about there being sufficient parking. There is not really. I've never seen anybody parking all the way over on that corner. Maybe if somebody was there to direct them to tell them where to park, but the easiest thing for them to do is to park up and down the street of Stevens.

So that's about all I have to say, but we're very much not in favor of any alcohol being served over in that area because of the kids and because it's too easy for people that live in their apartments to walk down the street to get a drink. So I didn't get here in time. I'm sorry to have the explanation. Is it going to be possible Your for somebody

time is up, but I am going to ma'am, your time is up, but I am going to call Ms. Messer up here to answer your questions. Your questions will get answered. Thank you. You're welcome.

Public hearing is closed. Ms. Messer, would you wait until she gets situated? Yes, And please speak into the mic so she can hear you. Thank you, madam secretary and mister Reynolds and chief Lopez for assisting her. Okay. Ma'am, your questions are getting ready to get answered. You. You're welcome. Yes, ma'am.

Yes, ma'am. So a conditional use permit is slightly different from, say, a a b c one request, which runs with the land in perpetuity. In this case, the conditional use permit would expire if the permitted use, is abandoned or ceases to exist for a period of one year or more, which is to say if this business closed and and no alcohol was served on the property for a year, the conditional use permit could be expired, And we would we would bring that action to you for for action. Her quest her

question was, can it be a bar? Can it turn into a bar with the conditional use permit?

The conditional use permit would grant approval to sell alcohol for on premise consumption not associated with a restaurant. So, theoretically, depends on how you define

a bar, but, yes, it could sell alcohol. So basically, to make it plain simple, simple as this, as long as they're with inside, they can sell alcohol for a particular event. Is that what you're

They can sell alcohol for any and all events, yes.

Okay. Yes. So that's all I think she's asking you to make her understand is that if they have different events in there, alcohol can be sold.

The conditional use permit, as written, doesn't put any constraints on the number of events or the frequency or the duration

of the saying that, but alcohol can be sold at any event they have inside. Right. Okay. Miss Brown, would you please stop interrupting other people when they have the floor, please? Thank you. Madam, did that answer your question? No. I didn't think so.

Like it's we're talking in circles.

What is your question?

Specifically want to know whether or not if I want a drink someday, I can just walk in there and buy one and drink it.

So is that okay. I see what you're saying. If there's not an event, will it be open as a bar?

That's a question for the applicant. I can't answer that. Mister Cagle?

No. I I think the question is, can that Can they? Yes. Absolutely. Matter the answer from the applicant at this point. If this is approved, could it be operated like a bar?

Under as as written, yes, it could.

Thank you. Did

did okay. That did not what was your question?

That's exactly what's

That was to the point. They're gonna

come in there and drink.

Yes, ma'am. Alright. So missus Measure, thank you for taking your time to come up and answer that question. Thank you. All right, counsel. You heard from an applicant. You heard from a resident. Public care is closed. If I didn't, it's closed now. All in favor, yes. All opposed, no.

Madam Mayor, a motion needs to be made.

Are we on the motion now? I thought it was on public air. Yeah. In a motion. All in favor, yes. All opposed, no.

And We need a motion we need a motion and a second to approve.

Right. Okay. Okay. Let me say this. Can I get a motion? It's the same thing, but can I get a motion to approve or disapprove? Okay. Okay. Council, anybody? Oh, you what do we have to happen when no one say anything?

Madam mayor. Yes. Can we get more clarity from the the owner? Because what he said

SPEAKER: Okay. Let me get him up here. While he's talking, you can talk, counselwoman McCarthy, as he comes.

According to what you've said, is that when anything or anyone walk into your club or your bar, you will have police or you will have some kind of observation for persons there?

Yes, ma'am. Currently right now in our establishment we have ten secondurity that operate our building next door.

SPEAKER: If she walked into your club and she was drinking but was staggering on her way out your door, there would be someone there that would observe her and would counsel?