City Council Workshop

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?

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.

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.]

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.