City Council Workshop

17:00 on August 2, 2011

Utilities Collection Conference Room, 210 Ave. C

I had another meeting at 7:30, so I was not present for the budget discussion (DS-5).

All members were present.


  1. The city has little control over the location and operation of liquor stores, except by exercising the same zoning powers it has over all businesses.
  2. Staff has presented three redistricting plans, none of which seem to have much backing.
  3. The budget hearing is August 9 at the council meeting.

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

Agenda Item Description Discussion My Notes
DS-1 Discuss City Council Agenda Items and Land Use Cases    
DS-2 Discuss Committee Reports    
DS-3 Discuss Legalities Regarding Alcohol Zoning and Policies Dr Shanaa presented on how new liquor stores get zones. The process is the same as any other rezoning: a $100 fee and an application. There are restrictions from TABC. City has a lot size (10,000 sq ft) minimum, 25 ft. offsets, and stucco or brick construction.

Otherwise P&Z looks at the some considerations as for any other zoning request.

So far as distance from residential areas, there aren't any business zoning districts that are very far away from residential areas.

Mayor: There needs to be some basic fairness in the process, whether it comes from P&Z or the council. Is the limitation of liquor stores something personal rather than a matter of ordinance or tradition? We have to be fair and we have to leave our personal feelings at home. If I have a personal view I shouldn't participate in the issue. If the council is going to apply restrictions, let's state the restrictions in advance.

City attorney: city is restricted from placing most restrictions on people who want to sell alcohol. State law says the city can't impose stricter standards on liquor stores than it does other businesses; and that the city can't discriminate against liquor stores. When Dallas tried to pass an ordinance enforicing a 300-ft distance from residences, the TSC found it illegal.

What we can do is

  1. prohibit by charter the sale of liquor
  2. prohibit by orddinance the sale of beer in a residential district (including hours of sale)
  3. Prohibit sale with 300 ft of a church.
  4. Regulate zoning withing the Pharr vs. Tippitt considerations, just like for any other businesses.

We already are a restrictive as we can be by ordinance.

Lower: Pharr vs. Tippitt is not specific. It basicly says that decisions have to be made based on general guidelines. I think we can disagree about those decisions.

Attorney: as long as the council states its reasons during discussion and documents the reasons for decisions as part of the record, we should be fine, legally.

Clark: How come we can do the 10,000 sq ft restriction? Attorney: Because it applies to all buildings in a zoning, not just those with a state liquor license. Clark: Cole: nearly every strip center backs up to a residential neighborhood. Cole thinks the zoning that was rejected last week should be reconsidered. Workman: safety is one of the Pharr v. Tippitt bases and that's what he had in mind last week. Rivera: all councilmen should actually look at these locations, even the ones outside their districts. Cole: Are we going to try to limit how many of every kind of business we have in Killeen?

The mayor had some other points, but they seemed to be peripheral. He said he wasn't criticizing anyone.

There's an important point that no one asked the city attorney. If the record shows that the concerns of the council include the nature of the business, does that fall into the danger area? It's hard to discuss a package-store zoning case without mentioning alcohol. Cole sort of touched on it when he asked if we are going to micro-manage all kinds of business.

DS-4 Discuss/Update on Redistricting City attorney reviewed the 13 redistricting guidelines. We have to redistrict: District 1 has half the population of district 4. District 4 has 40% of the population of the city.

Three conforming district plans were presented. The plans were:

  1. This plan had the most variation but is closest to the current boundaries. Mr Lower and Mr Clark end up living outside their districute, though.
  2. This is very similar to 1., but only Mr Lower ends up outside his district.
  3. This is radically different. District 3 ends up almost surrounding district 4. But it has most equal demographics, and each member remains in his own district.

Cole: I'd like to have other options to consider. Wells: I'd like to see the coundaries make more sense; we should try for districts that make sense to people. Cole: are we going to have any public meetings? Davis: we support that idea. Cosper: I can support the thrid plan.

Asst. City Manager: should we bring all three options to next Tuesday's hearing? Just one option? [I don't think he got an answer.]

The demographics apparantly must be based on the last census. But there seems to be some feeling (at least from Rivera) to try to adjust for anticipated growth.

A lot of the strange shape of District 3 in the third proposal stems from not wanting to displace Mike Lower. There was not as much discussion about displacing voters. It might be good to look at a plan that minimizes the number of votors who would change districts. Lower: I want a plan that creates the least amount of confusion. Workman: I lean toward the first plan.

The public is allowed to submit redistricting plans, but the calculations are so complex that a conforming plan can't be drawn without specialized software. If they want public input, the only reasonable advice will be in tweaking. Any plan developed by a citizen or councilman from scratch has no chance of being conformant.

DS-5 Discuss- FY 2011-12 Proposed Annual Budget and Plan of Municipal Services [I had to leave the workshop before this item came up.]  
DS-6 Litigation Update Regarding Recall Election [I assume this occurred in closed session.]  
Committee Reports
This section provides standing committees an opportunity to provide reports on work relating to the mission and charge of the respective committee.
Water/Sewer/Drainage Committee meeting held August 2, 2011 at 12:00 p.m.
CR-1 Update/Briefing -Bid Recommendation (Bid No. 11-33) for Bundrant to Pump Station No. 3 16-Inch Transmission Main (W&S Master Plan Project 14w)    
CR-2 Update/Briefing- Buy Board Award to Fuquay for Manhole Rehabilitation Phase 1    
CR-3 Update/Briefing- Recommendation (Bid No. 11-32) for El Dorado Major Drainage CIP (Drainage Master Plan Project #17)    
CR-4 Update/Briefing- City Of Killeen Potable Water Usage for July 2011    
CR-5 Update/Briefing- Water/Wastewater Bond Projects Cole reported on 3 projects: 1) a 16-inch main transmission line which bid came in lower than expected. 2) A manhole maintenance project. 3) Major drainage project near Rodondo in north-east Killeen.  
CR-6 Update/Briefing- Drainage Bond Projects Cole reported: No problems with current bond issues.  
Items for Regular City Council Meeting of August 9, 2011
Presentations –
PR-1 Presentation - Fire Award    
Consent Agenda –
CA-1 Consider minutes of Regular City Council Meeting of July 26, 2011.    
CA-2 Consider a memorandum/resolution awarding Bid No. 11-33 Bundrant to Pump Station No. 3 16” Transmission Main Project.    
CA-3 Consider a memorandum/resolution authorizing purchase of bunker gear for fire fighters.    
CA-4 Consider a memorandum/resolution approving supplemental agreement No. 2 to the professional services contract to provide for design of the terminal building expansion with Jacobs Engineering, Inc. at the Killeen-Fort Hood Regional Airport.    
CA-5 Consider a memorandum/resolution approving Bid No. 11-28- Killeen-Fort Hood Regional Airport automobile rental concessions selection and lease agreements.    
CA-6 Consider a memorandum/resolution awarding RFQ 11-35- Food and Beverage services for the Stonetree Golf Club.    
CA-7 Consider a memorandum/resolution authorizing the award of construction contract Bid No. 11-29 for Bending Trail/Acorn Creek major drainage Capital Improvement Projects-Phase I to Barsh Company. (Drainage masterplan projects No. 13 and 14.) Rivera: people in the area are very glad to see this coming.  
CA-8 Consider a memorandum/resolution approving an interlocal cooperation contract with the Texas Department of Public Safety for supplies for the Breath Testing and Laboratory Alcohol and Drug Testing Program.    
CA-9 Consider a memorandum/resolution authorizing an Negotiated Order of Withdrawal (NOW) account with Comerica Bank of Texas.    
Public Hearings / Ordinances –
PH-1 HOLD a public hearing on the FY 2011-12 proposed Annual Budget and Plan of Municipal Services.    
PH-2 HOLD a public hearing and consider an ordinance amending the FY 2010-11 Annual Budget and Plan of Municipal Services of the City of Killeen in the Killeen-Fort Hood Regional Airport Enterprise Fund by increasing revenues supporting receipt of a Transportation Security Administration Other Transaction Agreement and increasing various expenditure accounts to authorize expenditure of funds for the projects associated with the said agreement.    
PH-3 HOLD a public hearing and consider an ordinance as requested by KGC Properties, LLC (Case #Z11-32) to rezone approximately 12.619 acres, being Lot 1, Block 1, Bell Industrial Subdivision, from M-1 (Manufacturing District) to B-C-1 (General Business and Alcohol Sales District) for on premises sale and consumption of alcohol. The property is locally known as 452 N. Roy Reynolds Drive, Killeen, Texas. Carried over from last meeting. Owner was out of town. This is the Bingoland. Some protests were received.  
PH-4 HOLD a public hearing and consider an ordinance as requested by Ronald H. Esposito (Case #Z10-34) to rezone Lot 1, Block 1, Esposito Addition West from R-3 (Multifamily Residential District) to B-3 (Local Business District). The property is located at the northeast intersection of King’s Court and Florence Road and is locally known as 101 King’s Court, Killeen, Texas. Staff: Owner said he could also live with B-2, which P&Z recommends. There was one protest. Wells: Didn't we rezone the property across the street recently? Staff: Yes, the owner is trying to sell the property and needed both sides zones for business.  
Ordinances / Resolutions –
OR-1 Consider a memorandum/resolution setting a preliminary tax rate for the FY 2011-12 Annual Budget and Plan of Municipal Services and setting the dates to hold public hearings on the proposed tax increase (if a proposed tax increase is approved).    
OR-2 Consider an ordinance amending Chapter 2, Article VI, Section 2-150 (a)(1) Airport Fees, revising rental car rates and fees at Killeen-Fort Hood Regional Airport.    
OR-3 Consider an ordinance approving a negotiated settlement with Atmos Mid-Tex Division regarding the annual rate review mechanism and adopting tariffs with rate adjustments.