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HomeMy WebLinkAbout12/16/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 16, 1996 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 6:30 p.m. on the 16th day of December, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Absent (Business) David Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: 1. WORK SESSION TO RECEIVE REPORT FROM WORTH BLAKE REGARDING THE ECONOMIC DEVELOPMENT PLAN Gary McClure, member of Economic Development Corporation, introduced other members of the Economic Development Corporation and gave a brief history of the activity leading up to this presentation. Mr. McClure then introduced Mr. Blake. Mr. Blake commended EDC volunteers for all their hard work. He also recognized Mr. J. T. Dunkin as a major contributor and Dennis Watson, Assistant to the City Manager, for his part in establishing the plan. Mr. Blake continued stating that 20 key individuals in the community were interviewed to obtain an overview of needs. Those interviewed were asked to rank needs. Capital improvements were the highest priority. It was determined that one of The Colony's greatest strengths was location while a major weakness was image, according to those interviewed. Mr. Blake concluded his presentation and Gary McClure called for questions from the City Council. With no questions being asked, Mayor Manning commended Worth Blake on his detailed presentation and called a 15 minute recess at 7:25 p.m. Reconvene at 7:52 p.m. INVOCATION - Mr. Brad Ferguson, Lakeway Baptist Church PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Mary Watts, 7008 Sample Dr., called for Council unity. She stated one missing element is leadership. She further asked for the "team" to come together and work as the group worked a few months ago. Ms. Watts would like to see a retreat and an effort made to pull the group together and make peace with each other. 4 Mayor Manning commented that he had been unsuccessful in getting the Council's holiday schedule in order to plan a retreat. He requested the Council leave that information for him in order to possibly schedule a meeting before the end of the year. Mike Frankos, 11052 Windjammer, Frisco, representing the homeowners of Wynnewood Haven, read a letter presented to Council stating that they were against annexation into The Colony. He further stated that, if annexation does become a reality, the citizens expect to receive the same services afforded the rest of The Colony. Mike Lynch, 4921 Roberts Dr., regarding the proposals received for solid waste services, would like to recommend that Public Works perform an analysis of what the new 30 yard trucks, which most of the proposals include, would do to our alleys. Mr. Lynch feels damage would be costly. Bernetta Henville-Shannon, 4156 Ballard Tr., commended Councilman Avey on an outstanding job improving the open communication with residents. Steve Wilkes, 4413 Lamer St., asked if this was the appropriate time to address the Planning and Zoning Commission's recommendation on street widening. Johnny Smith explained the Planning and Zoning Commission has made a recommendation, however, no final decision has been made. Input from citizens will continue to be considered. It is not on the agenda tonight, however, what is on the agenda is land use assumptions which must be in place prior to a decision being made. Mr. Wilkes continued by stating his opposition to the widening of Lamer and wishes to be notified of further action to be taken. Robert Garcia, 4400 Lamer, expressed his concern for every proposal presented by the Planning and Zoning Commission. He feels each one presents a danger to children walking to school in the area. He would like to go on record as opposing the proposals and would also like to be informed when the issue is next addressed. Other citizens, having filled out input sheets, were called upon to speak. Each did not want to speak but asked that they be notified when the subject of widening Lamer was again addressed. David Arnquist, 4437 Lamer St., is displeased with the traffic study and the $15,000 in wasted tax dollars for a study that did not reflect any interest in public safety for the residents of the area. He opposes any increase in sales taxes as a result. Also wants to be notified of further action. Becky Roush, 4532 Lamer, is very concerned about the safety of children in the area and wants to be notified of further action. David Roush, 4532 Lamer, stated that at the last Planning and Zoning Commission meeting, there were a couple of proposals which looked to be much more viable and serve the community better. Also asked if the right-of-way has been relinquished for lakefront property if there is any road building to go around the edge of the lake. Mr. Smith stated he must be talking about Dunn's Point development just outside the city limits. Council has chosen not to require right-of-way on that property and has asked staff to study alternate routes in and out of Stewart Peninsula. That's what prompted the traffic study. Mr. Roush asked if there were any drawings for a thoroughfare now leading out of the project. Mr. Smith responded that there is no right-of-way in the area for the thoroughfare. Mr. Roush reiterated that the proposal brought forward which would lead the thoroughfare south around the marina would be viable. 3. MAYORAL PROCLAMATIONS AND PRESENTATIONS A. MAYORAL PROCLAMATION DECLARING DECEMBER AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH AND DECEMBER 20 AS NATIONAL LIGHTS ON FOR LIFE DAY Mayor Manning read the proclamation in its entirety. The proclamation will be mailed to the Texas Department of Transportation. B. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Mr. Smith commended Tony Johnston, Finance Director, for his leadership. Mr. Johnston continued by explaining that the City had once again received the GFOA Certificate of Achievement award for Excellence in Financial Reporting. He presented the award to Gwen Mansfield, Financial Assistant, and congratulated Ms. Mansfield for all her hard work in achieving this award and for her excellent work ethic. Councilmember Watts added that Ms. Mansfield is a very dedicated employee and complimented the entire Finance Department for their hard work. C. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Margaret Burkett presented employees with various recognition awards. Receiving 15 year awards were Beverly Nopp, Parks and Recreation Department, and Fire Chief Van Morrison. Tony Johnston made a brief statement regarding the specialized training required of the employees in the Fleet Maintenance Department and commended Jerry Trimble and Curtis MacDonald for their excellent work. D. PRESENTATION BY THE COLONY FIRE DEPARTMENT Fire Chief Van Morrison presented Johnny Smith with a plaque thanking him for his assistance in the "resurrection" of The General. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD NOVEMBER 18, 25 AND 26 AND DECEMBER 2 AND 4,1996 Mayor Manning asked if anyone wished to pull an item from the Consent Agenda. Councilmember Watts indicated she would like item "A" pulled. Mayor Manning continued by summarizing the other items on the Consent Agenda. 6 B. CONSIDERATION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF THE COLONY AND LEWISVILLE WITH REGARD TO THE JOSEY LANE (MAIN STREET) EXTENSION The proposed Josey Lane extension will lie within the city limits of the City of Lewisville and by this agreement the City of Lewisville agrees to reimburse the City of The Colony $100,000 toward the purchase of the right-of-way for the extension of Josey Lane. Lewisville also agrees to maintain the extension when completed and to provide police and fire protection. Motion to approve - Stanwick; second - Watts; carried with all members voting Aye. C. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH HDR ENGINEERING, INC. FOR TO ASSIST IN THE REVIEW OF PROPOSALS FOR SOLID WASTE SERVICES AND SELECTION OF SOLID WASTE SERVICE PROVIDER The council gave direction at the December 2, 1996 meeting for the committee to begin working with this company for the above named services. This action will formalize acceptance of the agreement. Motion to approve - Stanwick; second - Watts; carried with all members voting Aye. Motion to approve - Stanwick; second - Watts; carried with all members voting Aye. Mayor Manning read the caption of item "A". Councilmember Watts, "The meeting of November 18, 1996, was an unusual meeting and I'd like to have the minutes of that meeting approved separately. At this time I'd like to make a motion to approve the minutes of November 25, 26, and December 2, 4." Motion to approve minutes of meetings on November 25, 26, and December 2, 4 - Watts; second - Stanwick; carried with all members voting Aye. Ms. Watts, "If someone else would like to make a motion for approval. I will be abstaining from that." Motion to approve minutes of November 18 - Stanwick. Mayor Manning, "Is there a second to the acceptance of the November 18 minutes?" Councilmember Stanwick (to Councilmember Avey), "You're the only other one that was here." Mayor Manning, "November 187" Councilmember Stanwick, "That was the walk-out. Wilma is the only other one that can second that." Mayor Manning, "Oh, I see. We do need to approve the minutes unless there is something that needs to be altered. If it's written in a way you don't think it needs to be written..." Councilmember Avey, "There was a point of order called which was not in the minutes. When I requested it of the City Secretary, she stated that she did not 7 hear me, therefore, I don't intend to second the motion." Mayor Manning, "OK. Motion fails for lack of second. We'll deal with that another time." D. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ARTICLE II, SIGNS, OF CHAPTER 6, BUILDINGS; CONSTRUCTION AND RELATED ACTIVITIES OF THE CODE OF ORDINANCES Motion to approve - Stauwick; second - Watts; carried with all members voting Aye. 5. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS CALLING TWO (2) PUBLIC HEARINGS FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THAT LOT, TRACT, PARCEL OF LAND DESCRIBED BELOW APPROXLMATELY 75 ACRES GENERALLY LOCATED IN THE SOUTHEASTERN PORTION OF THE CITY, SOUTH OF STATE HIGHWAY 121, WEST OF MARSH LANE NORTH OF F.M. 544 AND EAST OF PLANO PARKWAY Johnny Smith gave a brief overview regarding a petition for annexation of the above described property from the property owner, Henry Billingsley. Adoption of this resolution will call the two public hearings for January 6, 1997 and January 13, 1997. Motion to approve resolution calling two public heatings - Stanwick; second - Longo; carried with all members voting Aye. 6. PUBLIC HEARING ON APPLICATION OF HECTOR OJEDA, SAN ANTONIO TEX- MEX FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER DISTRICT (SC) SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A RESTAURANT WHERE THE SALE OF BEER, WINE AND/OR LIQUOR IS INCIDENTAL TO THE SERVING OF FOOD; AND CONSIDERATION OF AN ORDINANCE GRANTING THE ABOVE NAMED SPECIFIC USE PERMIT 5201 S. COLONY BOULEVARD This public hearing was continued from the December 2, 1996 council meeting because the Planning and Zoning Commission had continued their public hearing due to the applicant's failure to attend the Commission meeting. The Planning and Zoning Commission again posted the public hearing for December 10, 1996 and the applicant failed to attend. Due to the lack of attendance at the meetings, the Planning and Zoning Commission has refused to accept the application. Mayor Manning called for a motion to reopen public hearing since it is on a 8 continuance. Motion to reopen public hearing - Longo; second - Watts; carried with all members voting Aye. Mayor Manning explained that the Planning and Zoning Commission had taken no action on this particular item since the applicant failed to come to the Planning and Zoning Commission meeting. Motion to close public hearing - Avey; second - Kovatch; carried with all members voting Aye. 7. CONSIDERATION OF APPROVAL OF A PRELIMINARY PLAT ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 AS PRESENTED BY JNC ENTERPRISES, LTD. Sam Chavez, City Planner, gave brief overview of Planning and Zoning Commission recommendation. Tom Cravens, representative for the applicant, was present to receive any questions. Mr. Chavez added that a revised plat had been submitted and does meet all staff stipulations. Councilmember Watts asked for clarification of review process since applicant and landowner are the same. Mr. Chavez responded that the applicant and landowner are fulfilling function as architectural review committee as mentioned in Staff Analysis. The builder would submit a plan and they would review it based on how they plan to develop the area. In this case the applicant is the builder. Councilmember Watts continued by asking if the property in question under a planned development. Mr. Chavez responded that it is. Councilmember Kovatch then commented that he thought there would be a work session prior to this item being presented for action. Motion to approve prelinfinary plat - Stanwick; second - Kovatch; roll call vote: No - Longo, Watts, Avey Aye - Stanwick, Kovatch, Manning Tie vote resulted. Item will be brought back up at next meeting when full council is present. [NOTE: This item was reconsidered and approved during discussion of Item #8.] 8. CONSIDERATION OF A FINAL PLAT ON PROPERTY LOCATED AT THE INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 AS PRESENTED BY JNC ENTERPRISES, LTD Sam Chavez gave overview of Planning and Zoning Commission recommendation. Councilmember Avey stated she thought items 7, 8, and 9 were all for the same tract. Mayor Manning explained that item 7 was everything but the Centennial Liquor Store and that item 8 is the f'mal plat on the Centennial Liquor Store. It's coincidental that they're being presented by the same company. Councilman Longo expressed concems regarding stipulations of S.U.P. and postulate of non-adherence. Sam Chavez further explained S.U.P. stipulations for approval of facilities. Tom Cravens, Benchmark Group, stated that the final plat is presented and meets all the regulations for the City subdivision ordinance. He continued to say there had been some stipulations which have all been addressed and completed. Councilman Watts asked Mr. Chavez if this agenda item is approving a plat for a liquor store. Mr. Chavez responded by saying the agenda item is approving a final plat regardless of what business it's for. Councilman Watts further stated our Code indicates this would be an office building supporting retail. Mr. Chavez added that was the overall vision of that planned development. John Hill, City Attorney, offered further explanation regarding plat approval and verified that approving this plat has no bearing on approval of a S.U.P. for a liquor store or any other structure on this plat. Councilman Watts then noted that the same requirements apply for agenda item//7. John Hill verified that was true as long as the plat meets the standards of the subdivision ordinance. Motion to reconsider and approve preliminary plat described as agenda item #7 - Stanwick; second - Kovatch; carried with a unanimous roll call vote. Discussion followed regarding the final plat. Motion to approve final plat - Stanwick; second - Kovatch Mike Lynch, 4921 Roberts, asked if the right-of-way for the widening of Paige Rd. is for the full eight lanes proposed. Mr. Chavez responded that we do not. Motion carried after roll call vote with all members voting Aye. 9. TWO PUBLIC HEARINGS ON APPLICATION OF TOM CRAVENS, BENCHMARK GROUP OF TEXAS, INC FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS PLANNED DEVELOPMENT 9 (PD-9) FOR THE (BP) BUSINESS PARK DISTRICT SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY TWO (2) SPECIFIC USE PERMITS FOR: (1) A BEVERAGE STORE FOR THE SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISE CONSUMPTION AND RELATED SITE PLAN AND (2) A BEVERAGE STORE FOR THE SALE OF BEER AND WiNE FOR OFF-PREMISE CONSUMPTION AND RELATED SITE PLAN; AND CONSIDERATION OF TWO ORDINANCES GRANTING THE SPECIFIC USE PERMITS AS DESCRIBED ABOVE Mayor Manning read caption and opened both public hearings. Craig Sloan, 5416 Baker, presented 46 letters from citizens asking the Council to deny a S.U.P. for the sale of liquor addressing the issue of safety on the 121 corridor. Gary McClure, 4925 Roberts, objects to S.U.P. for liquor sales. He added that he did not want The Colony to be known as "City Behind the Liquor Stores." 10 David Bayliss, 4001 Heron Cove, representing the Stewart Peninsula Homeowners' Association, does not want a S.U.P. for liquor sales. He would rather see restaurants or retail brought into the City. Para Leyerle, 4244 Fryer, asked Council not to approve the S.U.P. She would like to see businesses that support families, adding that alcohol contributes to child and spousal abuse. We lead the county in reported cases. Lois LeBlanc, 5312 Rice, stated that we have five liquor stores, three grocery stores, numerous convenience stores, and restaurants that sell beer and wine. She added that we don't need to add liquor stores on 121 for residents of other cities and asked the Council to reject the S.U.P. John Watts, 7008 Sample, stated that alcohol is a drug and the city does not need a 5,500 square foot "drug" store. Bruce Scofield, Pastor of First Baptist Church, asked the Council to take the leadership in stopping the issuance of any more S.U.P.'s. Becky_ Roush, 4532 Lamer, stated that she was very proud of our mayor proclaiming December as National Drunk and Drugged Driving Prevention Month and asked the Council to reject S.U.P. George Diaz, 5809 Carroll Dr., stated that the youth of the community have little to do and asked the Council to take a data-based approach to addressing S.U.P. for liquor store. He asked the Council to look at property values as a result of development on Northwest Highway and peripheral businesses that liquor stores attract. He does not want the area riddled with crime and drunk driving and asked the Council to reject this proposal. Mike Lynch, 4921 Roberts, pointed out that there are two buildings being proposed and wants to know how developer got around the 1,000 foot requirement between two buildings selling alcohol as stated in the ordinance. Sam Chavez responded that in order for a facility to be considered a beverage store, its growth revenue from the sale of beer and wine and liquor has to exceed 75%. The other structure is a convenience store with a majority of its sales (45-50%) from the sale of gas. Mayor Manning added that the agenda item was written incorrectly and the second should show as a convenience store. Mr. Lynch continued voicing his opposition to the beverage and convenience stores. Robin Hull, 5952 Sandhill Cr., stated that Lewisville Lake is known as "the deadliest lake in Texas" and S.H. 121 is "the deadliest highway in Texas." She feels the liquor stores currently located in The Colony are sufficient for the population and the Council must pass an ordinance to restrict any more liquor stores. Lori Lei Smith, 4501 Lamer, opposes additional liquor stores on S.H. 121 and wants to keep the area family oriented community. Shawna Bartholomew, 5901 Avocet Way, feels that property along S.H. 121 is prime property for development and would attract restaurants and entertainment facilities. Bemetta Henville-Shannon, 4156 Ballard Tr., noted that City Council decisions will set the future of The Colony and asked the Council to listen to the people. Robert Garcia, 4400 Lamer, echoed statements previously made by other speakers and asked where will people who purchase liquor on the highway go except on our city's streets. Councilman Stanwick commented that everyone wants to see development on S.H. 121 and that each restaurant and store will request a S.U.P. He continued saying that denying this 11 special use permit sends a message to other developers who may decide not to risk Council denial. He would rather see a liquor store where people will buy a bottle of alcohol and take it home rather than sit in a restaurant drinking for a couple of hours and then drive a car. Councilman Longo disagreed with Councilman Stanwick in that at least in a restaurant a person is putting food in their stomach. He expressed his desire to be loyal to existing liquor stores in The Colony. Brace Goodwin, 5528 Rutledge, is confident that the 121 corridor will be developed without liquor stores. He would rather see a vacant lot than another liquor store. Councilman Kovatch commented that he had asked Worth Blake if restricting the number of liquor stores would hurt development and Mr. Blake had responded that it probably would not. Councilman Avey expressed her desire to look at other cities' case laws and the legalities of denying the special use permit. City Attorney John Hill said the City Council is not required to make a decision tonight and agreed they should look at other cities' decisions regarding S.U.P.'s. Councilman Watts asked Mr. Hill about the Flower Mound decision to deny a S.U.P. for a convenience store at one of the entrances to the city. Mr. Hill responded that there were the same public concerns and their Planning and Zoning Commission recommended denial also. Councilman Longo said he was concerned about the dangerous intersection where the liquor store would be located. Discussion followed regarding the legal repercussions of denying the S.U.P. Jim Hewitt, developer, assured the public that there was no deception intended. He continued saying he saw economic potential and is trying to bring a fa'st-class, well-controlled facility to The Colony. The intent was never to bring any business that would be harmful to the city. Tom Cravens, Benchmark Group, (an 18 year resident of The Colony) said the site plan met all the city's requirements and the location and road access from Paige Rd. would be an improvement over the Burger King situation. Further discussion followed regarding the issue. Craig Sloan, 5416 Baker, asked who benefitted from the liquor stores but the developer. He continued saying a liquor store has a very limited clientele and very few people benefit from the liquor stores. A restaurant would benefit a greater number of citizens. Roberta Garcia, 4400 Lamer. concerned about traffic no matter what kind of establishment is developed. She said she had questioned a policeman why the police don't monitor the number of drivers who mn red lights on S.H. 121 and was told it was more dangerous to stop someone which might cause more accidents. She wanted traffic concerns to also be considered in the decision to approve or deny S.U.P. Becky Roush, 4532 Lamer, a business owner, is looking for 3,000 sq. ft. of retail space for her business. She looked at retail space in other cities but decided she wanted to support The Colony and would like to develop in this area where she has chosen to raise her children but will not if there are liquor stores on 121. Mike Lynch, 4921 Roberts, asked the developer if the larger building would be closed on Sundays to which the developer responded that it would. Lois LeBlanc, 5312 Rice, challenged the City Council to develop without liquor on 121. Morris Seay, 5232 Strickland, said he felt the Council is letting the fear of a potential lawsuit cloud their decision. He asked the Council to do what's best for the city. The citizens don't want this. 12 Wayne Sandy, 5049 North Colony Blvd., said he enjoys this community and wants to see growth continue. He has had an opportunity to work with Centennial Liquor Stores and thinks their operation would be an asset to our community and asked for support of this S.U.P.. Councilman Watts commented that the City Council has the right to deny the special use permit with proper validation. She asked Worth Blake to comment on what kind of development we could expect with the liquor stores in place. Mr. Blake stated that from an economic perspective, the Council should do whatever the community wants. He added that industry goes where it's most appreciated. Councilman Stanwick cormnented that if a wet/dry election were called today, he felt wet would once again be the residents' choice. He doesn't feel two liquor stores on 121 would necessarily be bad for the community. He feels the Council is penalizing the developer at the last minute for their (Council's) intemal conflicts. Ed Walts, Centennial Liquor Stores, gave brief background of application process stating they had done everything asked of them and the Council had already allowed liquor sales on 121, therefore, Centennial had reason to believe their application was valid. He added that Centennial would be a useful ally to the City and asked the Council to approve the special use permit. Mayor Manning then closed the public hearing. Councilman Kovatch said he felt that a wet/dry election for the overall City would have different results if only for the 121 corridor and added he would like to see a resolution to this issue quickly. Motion to postpone consideration of approval for S.U.P. to the January 6, 1997 meeting - Kovatch. Motion failed for lack of second. Discussion followed regarding the legalities of exercising power to deny S.U.P. Motion to postpone' action to January 6, 1997 - Kovatch; second - Longo, after roll call vote Aye - Longo, Avey, Kovatch, Manning No - Watts, Stanwick 10. PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO POSSIBLE ADOPTION OF IMPACT FEES Mayor Manning opened the public hearing. Sam Chavez, City Planner, gave an explanation of State laws regarding impact fees informing the Council that the fees must be reviewed every three years. Mr. Dan Sefco, representative of J.T. Dunkin & Associates, gave a detailed overview of land use assumptions and service area revisions to the Council. Councilman Avey questioned the map being presented versus the map provided in the agenda packet. Mr. Sefco then addressed map service area changes stating that changes were made to areas 2 and 6 to assess fees more equitable to each area. Councilman Avey pointed out that very little development would be initiated in the peninsula area. Mr. Sefco further explained how changes were considered based on future potential development. Councilman Watts then asked if land being developed now prior to impact fees being approved would then be exempt. Mr. Sefco responded that they would not be exempt depending on how the ordinance is worded since the Council has the choice as to when impact fees are charged. Councilman Avey continued to 13 express concern over cost of rerouting a road south, as recently proposed, through area 2. She would prefer to leave map service areas as originally proposed. Discussion followed regarding the impact of areas 2 and 6 on new road proposed. Councilman Kovatch commented that it comes down to fairness to property owners in 6 and does not place the burden in the appropriate place. Councilman Stanwick commented that the new service areas are the most equitable solution since each area would be paying half. Mr. Sefco said they were only trying to bring balance. He added that the Council does not have to decide tonight but can do one of two things: have the public hearing and leave it open or, if the public hearing is closed, a decision regarding land use assumptions must be made within 30 days. David Poole, 7100 Elliot Ct., noted that Stewart Peninsula is landlocked and the victim of poor planning. Wants Council to consider the density of the schools in that area. Traffic from other parts of town are coming to schools in this area. Mr. Smith explained that the impact fees were not to be addressed to the residents but to the developer of new growth. Mr. Sefco further explained that impact fees cannot be charged to existing residents. James Fee, 7113 Elliot Ct., expressed concern over traffic coming into Stewart Creek Peninsula. He asks the Council to do as Councilman Avey requests and extend area to north of South Colony almost to Nash and back down to address this area. Mr. Sefco then explained you cannot assess fees beyond three mile limit of development according to state law. Joe Agnew, 5301 Nash Dr., noted he was glad to see it broken out in separate areas. He feels scenarios very definitively lined out with some significant geographic dividers. He feels we need to look at the city as a whole and thinks plan is very good. Robin Hull, 5952 Sandhill Cr., asked about 3 mile radius and whether or not areas could be crossed. Mr. Sefco explained that the concept is that roads built would be funded with fees collected in same area but areas cannot be intermingled with funds. Ms. Hull then asked what were the various impact fees. Mr. Sefco explained that water, sewer and roadways would have different fees. Ms. Hull asked if impact fees were collected by developer, if there was a time limit to use the fees. Mr. Sefco responded that time limit would be outlined in the ordinance that would be passed by Council. Councilman Avey asked Mr. Sefco to explain that if the Council agrees to allow the developer to build the roads, we cannot collect thoroughfare impact fees. Mr. Sefco explained that state law says the City cannot charge developers for off-site improvements, whether it be water, sewer or roadways, unless we go through this process. Discussion followed regarding future growth and its effect on land use assumptions. Lori Lei Smith, 4501 Lamer, as a resident of area 2, if impact fees collected within the area are not enough and a bond is proposed, is it only going to affect area 2. Mr. Sefco responded that there wouldn't be enough growth in area 2 to cover that road, but if Council chose to issue bonds for a road, the taxes would be spread over entire city and not just that service area. Mr. Sefco continued with his presentation explaining that zones needed to be decided upon now since changing them later would be more difficult due to accounting problems. Councilman Watts mentioned that earlier in the agenda, Council approved two public hearings for annexing additional land in area 5. She asked if there was a three mile limit that would come 14 into play. Mr. Sefco said he would research that. Councilman Watts asked if future annexations would present problems to service areas. Mr. Sefco responded that zones could be modified or new zones created. Lengthy discussion followed regarding impact fees and service areas. Mayor Manning then asked Council their thoughts and proceeded to close the public heating. 11. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE REPORT PRESENTED IN THE WORK SESSION WITH WORTH BLAKE REGARDING THE ECONOMIC DEVELOPMENT PLAN Mayor Manning explained that action could be taken to postpone action or accept as a draft document or accept as presented. Motion to postpone action until January 6, 1997 - Longo; second - Kovatch; carried with all members voting Aye. 12. CONSIDERATION OF APPROVAL OF A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS Leroy Grawunder, Vinson and Elkins, explained that, according to the attorney general, revenue bonds cannot be approved at this time because of current litigation. If issues were split, petition from Eastvale would prevent issue for purposes outside of Eastvale from going forward. Councilman Longo asked for clarification - we couldn't spend money to build a water tower but we could spend money to take care of the Eastvale water situation. Mr. Grawunder responded that was correct. Mr. Grawunder suggested starting process all over again once litigation is resolved since a disclosure statement must be submitted. Mr. Smith commented that both issues have been approved by Council regardless of litigation. Bond issue for Eastvale water project could continue because need still exists. Mayor Manning added that approval of resolution does not obligate issuance of bonds but only starts the process. Discussion continued. Councilman Stanwick suggested waiting until after first formal meeting with plaintiffs in the lawsuit to start the process. After further discussion, it was decided to take no action now until litigation is resolved. 13. RECEIVE REPORT FROM CITY ATTORNEY WITH REGARD TO THE SEXUALLY ORIENTED BUSINESS ORDINANCE John Hill, City Attorney, gave a detailed report to Council regarding amending ordinance regarding sexually oriented businesses. He explained that the law frowns upon the regulation of speech and a sexually oriented business is speech in a form such as books, etc. However, the law does allow restricting S.O.B.'s to certain areas of the city. Law does not allow restricting content but does allow regulation of time, place and manner of giving speech. Mayor Manning noted if someone applies and business park is where they can go, they can go anywhere in city. He asked if a specific zone could be established for sexually oriented businesses. John Hill responded that was possible, however, other cities are trying to disburse them rather than have 15 a concentrated area. Discussion continued regarding landowners' obligation to sell to sexually oriented businesses. Mayor Manning pointed out that intent of business must be disclosed to landowner prior to sale of land. Mr. Hill was unclear of that point and said he would fred out. After further discussion Mr. Hill suggested he do some comparisons of other cities' ordinances and meet with the City Planner, then present ordinance to the Council by the end of January. Mayor Manning asked Sam Chavez if there had been requests. Mr. Chavez said someone had called inquiring if we had a sexually oriented business ordinance, however, the inquirer never called back. Discussion followed regarding limiting areas of the City to these kinds of businesses. 14. CITY MANAGER AND STAFF REPORTS Sam Chavez, City Planner, reminded Council that action must be taken regarding Land Use Assumptions within 30 days. Mayor Manning noted a special session could be scheduled to take action on January ! 3. Mr. Smith also reminded Council of meeting on Thursday, December 19. With no further business to address, the meeting was adjourned at 11:54 p.m. APPROVED: William W. Manning, Mayor A'ITEST: 'l~u"'thann Devlin,/D~puty-C]ty Secretary 16