Wednesday, April 17, 2019

Last City Council meeting before Mayor election!

Last City Council meeting before Mayor election!


Council:
Mayor: Vacant
Joann Courtland- Present
Fred Chavez - Present
Dan Yancey - Present
Jay Manning - Present
Kirby Lack - Present
Marc Payne - Present
Charlie Youngs - Present

Mayor Candidate:
Bradi Dewald Diaz - Absent
Joey Acfalle - Absent
Ron Nelson - Present
Brandi Weiand - Absent

Hello again Copperas Cove! It's great to have you back for another recap of the latest City Council meeting. We appreciate each and every one of you for checking in and sharing these blogs with your fellow residents. The more we can educate the citizens of Copperas Cove, the more educated people will be going to the polls and knowing what's going on in our little corner of Coryell County. If you haven't already - remember to subscribe!!

Breaking News for our concerned citizens!!!
Two weeks ago, Jonathan Haywood spoke during Citizens Forum about a shopping center entry way between the Laserwash and Valvoline that was very dilapidated with pot holes. The city and all the businesses in the responsible area thought the other entity owned the area so it was never repaired. James Pierce followed up a couple days later at the building department (they are responsible for business code enforcement) and filed a complaint against all the business' in order for the city to resolve the issue of ownership. Ryan Haverlah told Mr. Pierce Tuesday evening that the owner of the property where Lazerwash is located is in fact the rightful owner of that particular piece of concrete and has been notified by letter of the issues at hand.


The Agenda:



Announcements:
Ryan Haverlah: Parks and Rec has a Parks Improvement Plan survey out right now and they would appreciate all the input they can get. That survey can be found here: Survey Monkey Cove Master Park Plan  . Also, the Easter Egg round up was postponed due to weather and is now going to be this Thursday (18 April, 2019), starting at 6pm at City Park. 
Dan Yancey: Voting for our next Mayor is going on right now, so be sure to get out and vote! 

Editors Note: Voting for the Central Texas College Board of Trustees will be starting next week (April 22-30). Technically, you can get out and vote Monday and Tuesday and be able to vote twice in one day! Copperas Cove Citizens can vote for the CTC Trustees at the new CCISD Administrative Building, next to Lil Tex/across from the Library. 

Citizens Forum: Just a quick friendly reminder to our citizens - All citizens are allotted a 5 minute block of time for which to speak. There are 30 minutes set aside for the citizens forum. Additionally, by State Law, the Council Members and City Staff are not allowed to answer questions during citizens forum. Any questions asked will be met with helpless faces of "We wish we could answer, but we can't". However - you can show up early and ask council members questions, or stay late and ask them questions. 

Nick: In reference to tonight's Action Item #1, he supports it and encourages the council to as well. 
Wendy: Just showed up from Virginia, but owns property in Copperas Cove. She asked how is code enforcement enforced if violations are not addressed. She also asked is there a 5 year plan for Copperas Cove, and if so is it available for the public to see online or via email. 
Terri: There will be a major disaster drill on May 7th. An application has just been released and she reviewed the general basis of it. She did mention that it says registration does not guarantee participation. Stay tuned for more on this in a future blog. 
Siggi: Touched on the topic of transparency in government. There was a City Council Workshop on March 19th that was listed as "Presentation and discussion on a Downtown Transportation Feasibility Plan". When reading this, she took it as they were talking about a bus route or something to do with buses. She did not understand that it would be discussing road work that would possibly be going under the railroad tracks and she feels like it was intended to mislead the public so the City Council could push this through. 


Public Hearing:
1. This hearing had to do with the applicant shutting down Kids World Daycare Center. The building has been a business for at least 50 years that she could track, and she's been running it for over 20. She shut the business down last July and the property has been for sale the past 4 years. She has been having problems selling it, and she thinks that's been in large part to it being zoned as B-2(Local Retail District) business in the middle of a residential (this is a house that was running as a business). She would like to have it rezoned to R-1(Single Family Residential) to make it easier to sell. PASS

2. This hearing had to do with rezoning from an R-3 (Multifamily Residential District) to a B-3(Local Business District). This will bring the lot in line with all surrounding lots. PASS

3. This hearing had to do with a local resident wanting to change his conditional use permit from a Commercial Office Building, to a retail store to put in a food mart. This has years of backstory and as well as a lot of recent events to it, so bear with me as I try to condense it down a little while still getting everything in here. 

In mid 2013, the property owner, Mr. Amr Abdelazeem (we'll call him Mr A - with all due respect), requested the property be rezoned to R-3 (Multi-Family Residential) District with a Conditional Use Permit to allow for the construction of a commercial office building for a branch of his business office and an additional office space to lease to a future tenant.  The item was passed through the P&Z Commission on May 28, 2013 and presented to City Council on June 4, 2013. The Conditional Use Permit was granted by Ordinance No. 2013-29 and was limited to the operation of certain conditional uses outlined in the Zoning Ordinance for two (2) professional office uses being Engineering Services and Architectural and Planning Services.

In addition to granting the Conditional Use Permit for them to run a business office, they presented Mr A a long list of standards that had to be met covering everything from numbers of parking spaces to the privacy fence in the back and lighting that couldn't leave his northern property line. Somewhere along the line, Mr A decided that the business office wasn't going to work out, but he wanted to put up a convenience store instead. 

He took this to the P&Z Board and showed he had plans to meet all the criteria, and then some. However, upset citizens were taking notice as well and were also showing up as well as writing letters to show their displeasure. Eventually, the P&Z Board shot it down, which sent it to the City Council where it could only pass with a 75% vote in favor. Ryan Haverlah updated the council and showed that every specification asked for was met. They wanted 6 parking spots, he put in 7. They wanted a plan to show how the delivery trucks and trash truck would get in and out - he had it. They wanted a well let back area as an emergency exit, with privacy fence and a way to keep kids out from that back area - he had it all figured out. Then came the public forum. 

Anna is a nearby resident and she spoke out against this. She and her neighbors are fine with it being an office space because then they would only be there during normal office hours, there would be no increase in crime, and traffic wouldn't be affected. The roads nearby aren't wide enough to handle big delivery trucks or a lot of traffic and they have had 5 hit and run accidents recently to prove it. There's not enough parking here, the building doesn't have enough square footage, and she saw mention of this needing a generator as an office building, so as a convenience store with all those cold beverages, it would need an even bigger generator which would be loud and smelly from all the gas they use! There's not enough room in the back for a privacy wall, bushes, and sidewalk as required by the city. There's not enough sidewalks in the area so kids would be walking in the streets being a hazard to traffic, or walking on peoples lawns, damaging property. Since 2013, there have been 31 code violations to this property and on average they take 1 month to resolve the issues. On top of that, the property is a construction mess that should be closed off because people are getting hurt on it as well as stuck, needing help from Cove PD to get them off the property. There's also a fire hydrant right next to the parking spots which isn't allowed, too small of a loading zone, and the city setback lines aren't met. Lastly, they have a fear of reduced property values, which their values have already been dropping in recent years because of this building. 
Ginger is also a nearby resident and spoke out against this. Cove prides itself on being a community built on family living, so they need to keep citizens where they belong and businesses where they belong - not mixed together. 
Mr A finally had his chance to speak up. He argued that they have complied with every city and ADA condition thrown at him. He's also on the corner of a residential, not mixed in it, and there's other convenience stores around town that are actually IN the residential areas, such as the Family Food Mart on S 23rd and Urbantke. Furthermore, there has never been any discussion about him needing an external generator for his business because they will be using city water, power lines, and everything else typically supplied to a business via service carrier. No shrubs will be needed in the back because of the fence he's putting up which leaves plenty of room for the sidewalk and fence. The fire hydrant not only isn't in the way, but he's already gotten the fire marshal to approve its location in relation to parking. The new building will be better than what was there before and will actually raise property values once it's done because it will look very nice and be nearby shopping. Trucks won't ever need to be on Megg Street, so the tight spots aren't a concern, and in fact his impact on extra traffic is 0%. Nobody is coming across town just to use a convenience store. They have met all city requests and have had no code violations, so he's not sure where this 31 number came from. When this is done, not only will the building be very clean, but it will also be run by a property management company - not him. So there should never be any code violations. This project complies with all ADA, Federal, and City codes. The sidewalk in the back will have a back door from the building as required by fire code, but there will be a gate with a one way latch on it so you can only open the gate from the inside to keep trouble makers out. 
Dan Yancey said that in June 2013, this was approved for a conditional use permit issued for commercial office use - not a store. Why did you not complete that office space? Mr A stated he was told by the city planner that he could lease the space instead to make a store. He provided papers that I am assuming were backing up this claim. 
Marc Payne proposed that the original use of the term "High Volume Generator" when describing the property may be where the generator confusion came from. The proposed parking use is doubling use of the loading zone/handicap zone. The area that should be allowed for vans to unload wheel chairs is also marked as a loading zone, so if a delivery truck is there, that driver may not be able to get in their van for at least 15 minutes. Mr A stated that the loading zone for vans is actually on the other side of the parking spot and is plenty of room, as dictated by the ADA standards. 
Mr A's Son came up after some slight deliberation among council members and stated that he was also available for any questions they may have. Their family has convenience stores all around the area so they're used to doing things right. 
Siggi spoke up and said she stands with the local residents. If they don't want it, she doesn't approve either. This sentiment was met with support from other Cove residents supporting the neighborhood residents directly affected. One resident stated "This store can't be there to support the community when the community doesn't support the store". 
With that, this went to vote and was REJECTED by the council - with no votes approving.

Action Items:
H-1 On the west side of town, the owner of the land by the SE Bypass and Dollar Tree wants to develop his land for commercial purposes. Before it can be developed, water issues need to be ironed out. The Certificates of Convenience and Necessity (CCN) belongs to KWSC (Kempner Water Supply Corporation) and they can supply the water for the Copperas Cove property but they can't supply the 1500gpm for for fire flow to fire hydrants. That is the city standard in order to supply fire suppression from hydrants. If it can't be provided then you can't build. The Interim City Manager offered three options to the council. Option one, let KWSC provide everything (they can't). Option 2, Let KWSC provide water and Copperas Cove provide fire suppression (many concerns of long term maintenance and right of way). Option 3, Copperas Cove purchases the entire CCN for $810 per acre and does it all. The council chose Option three, unanimously. This was a very wise vote because we needed this to spur development on the west side, of Copperas Cove.

H-2 Darrell, with The HOP presented a summary of it's operations the past 6 months, since the last time it was before the council asking for funding. This funding is to cover operational costs such as fuel, insurance, maintenance, salaries, etc... They have a goal of 10 passengers per service hour, and have been averaging out at around 11.5 passengers per service hour. They run Monday - Friday from 6:45 - 5:45 and recently had cut back an hour to adjust for this fiscal years budget. Jay Manning says he remembers them from their last presentation. It's not very often they get someone up there asking for 3x more than their normal asking funding like the HOP did last fall. With all these increases in funding requests, have they increased their fee schedule? Darrell stated they have not yet, but they are working towards that point. Jay responded with it's unfair to ask tax payers to increase how much they are funding the HOP if the HOP isn't going to reflect the raise on their riders. Right now, tax payers are paying about $4 per ride. Darrell responded that their fairs only cover about 4% of their operating costs right now. Additionally, the more business they get, the more federal dollars they can bring in. The less business they get, the fewer Federal dollars they bring in which in turn makes them rely on local communities more. So if they raise fairs up too much and people stop riding because of that, then that will affect how much they come to their local community for. 
PASS

H-3 Clarence with the National Mounted Warfare Museum presented a slide show and video showing how the new museum would affect the area, where it would go, and what it would look like. He then requested the $25,000 payment from the council. PASS  You can find out more about the museum here: http://nmwfoundation.org/

H4 and H5 were both having to do with approving some new homes coming in off of Lutheran Church Road as well as approving ordinances to do with Water Conservation and the Drought Contingency Plan. Both of those were a solid PASS. 

REPORTS:
Fred Chavez was recently at an event in Killeen where they were discussing I-14 and it's entirety. Since I-14 passes through Copperas Cove, he started asking how Cove could be a part of this "14 Forward" initiative. He was told we should continue expansion, and look into these 5G efforts. Get with CCISD because they are looking to bring fiber optic into their schools and we could implement that into the city. One attraction for a lot of people these days is moving to areas that are fiber equipped. When it comes to the rail head - joint use can be difficult because the Army is known for taking what they want when needed. But, don't let that shy us away because this can be very good for the area. The feasibility study was easy, finding partners and funding is the hard part. This will bring rail access to the local area that we haven't ever had. Our relationship with the Heart O Texas Defense Alliance is good to have. Don't get so focused on only us that we isolate our community. We are encouraged to keep regional cooperation and awareness going.

Future Agenda Items
Marc Payne would like to see a workshop on purchasing of CCN's.

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