HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/13/2002
PLANNING & ZONING COMMISSION
Meeting Minutes - May 13, 2002
Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at
7:00 P.M. on May 13, 2002.
Roll Call:
Present:
Jeffrey Wall, Bob Culley, Mark Jones, Bud Sellers, Mark
Hollis, Jo Ann Gasper
Absent:
Earl Swift
Staff:
Clayton Husband, Jan Levy
Invocation:
Commissioner Jones
Pledge of Allegiance
Approval of Minutes:
April 8, 2002
Chairman Gasper moved to approve the minutes of the April 8, 2002 meeting as written.
Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
1. Final Plat of Riverwalk at Colleyville Addition, Block 2, Lot 1, requested by Alan Curlee,
Classic Concepts Development, Inc., 0.4347 acres located on the north side of Glade
Road in the 1000 block, Case P-02-016
Clayton Husband presented the case to the Commission and reviewed the staff briefing. He told
the commissioners that the final plat was consistent with the PUD-R zoning and the proposed
commercial use is allowed by the ordinance. Clayton said the owner is dedicating sufficient right-
of-way on the plat to accommodate the requirements of the Master Thoroughfare Plan. He said
the owner's surveyor has addressed all the DRC comments and the staff is recommending
approval.
The applicant, Alan Curlee, was present to represent the case. Commissioner Culley noted that
under Section 31.8A of the Land Development Code it states the hours of operation are for
daytime and not night. There was discussion about the intent of the regulations and how they are
designed to not allow 24 hours of operation for businesses in the district. Mr. Curlee stated that
he anticipates the hours of operation will be until approximately 7 p.m. and he will make the user
is aware of the regulations.
Mr. Curlee showed the constructions plans to the commissioners and said that the parking is
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Minutes - May 13, 2002
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planned for the front ofthe building along Glade Road. He said the parking and lighting would not
affect the surrounding homeowners.
Commissioner Hollis moved to approve the minor plat. Commissioner Culley seconded the
motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
2. Minor Plat of Pleasant Glade Baptist Church Addition, Block 1, Lot 1, requested by Rick
Gentry, Moak Surveyors, 1.9366 acres located at 3708 Glade Road, Case P-02-018
Clayton Husband presented the case to the Commission and discussed the staff briefing. He
explained that the church may be making improvements to their existing building and
consequently need to plat the property to obtain building permits. Clayton told the commissioners
about building line setbacks, perimeter street improvements, parkland dedication fees and
compliance with the Master Plan.
David Myers, Moak Surveyors, was present to represent the case. He said that he encouraged
the church to plat their property in order to clear up any boundary conflicts associated with the
property. He said the church has no immediate plans for expansion and they will be requesting a
waiver from the City Council from the perimeter street improvement requirements. He said the
church has only a small area of property and yet they are impacted by having to escrow funds for
both Glade Road and for Roberts Road.
The commissioners discussed with staff the setback requirements on the property in relationship
to the rights-of-way. Staff said there would be no visibility issues associated with the 25' building
lines. The commissioners also discussed the perimeter street improvement requirements. Staff
said the amount to be escrowed by the applicant could be approximately $74,500. Chairman
Gasper said the church is an existing use and they will not be generating additional traffic on
Glade Road and Roberts Road. She said the church is giving a tremendous amount of right-of-
way to the City and yet they will not increase the usage on the streets.
Commissioner Culley spoke about the strong stance that has been taken against waiving the
entire perimeter street improvement requirements due to the loss of funds to the City. Chairman
Gasper said she would not be in favor of recommending the City Council waive the requirements
outright even though the church has been there a long time. She said she would favor a reduction
of the requirements.
Commissioner Hollis moved to approve the plat as submitted and recommend that the City
Council seriously consider reducing the perimeter street improvement requirements, but
not eliminate them completely based upon the discussion and merits of the case.
Commissioner Wall seconded the motion. The vote being:
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Minutes - May 13, 2002
Page 2 of 11 - Approved on M.y 28, 2002
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
3. Final Plat of Strathmore Addition, requested by Matt Torbit, Glade Road Estates Limited
Partnership, 8.43 acres located at 3316 Glade Road, Case P-02-017
Clayton Husband presented the case to the Commission and explained the staff briefing. He said
the final plat of Strathmore Addition is consistent with the approved PUD-R zoning ordinance, 0-
01-1277. He told the commissioners about the number of single-family residential lots and the
number of open space lots. He discussed with the Commission the proposed 1 O-foot wide hike
and bike trail and how the plat meets the technical requirements of the City. He told the
commissioners that the plat will also require approval by the City Council.
There was discussion by the commissioners about the PUD-R zoning ordinance, ifthere would be
gates, street widths, cul-de-sac-widths, and roof materials.
Fire Marshall Jeff Jones spoke with the commissioners about the width of the streets being wider
than normal. He discussed the room needed by the fire department to fight a fire. Chairman
Gasper asked about the interior sprinkler requirements for this addition and was told that
Strathmore falls under the previous guidelines and they are not required.
Matt Torbitt, 1420 W. Mockingbird Lane, Dallas, was present to represent the case. He told the
commissioners that the deed restrictions will require non-combustible composition shingles on the
roofs. He said that interior sprinkler systems were not contemplated during the planning process
for Strathmore because they were not required at the time.
Chairman Gasper moved to approve the final plat. Commissioner Wall seconded the
motion. The vote being:
Ayes: Wall, Culley, Hollis, Gasper
Noes: Jones, Sellers
4. PUBLIC HEARING - Special Use Permit for alcoholic beverage sales for on-premise
consumption on Lot 1, Block 1, Bojku Family Addition, requested by AI Bojku, Bellisimo
Italian Restaurant, located at 5309 Colleyville Boulevard, Case Z-02-014
Clayton Husband presented the case to the Commission and reviewed the staff briefing. He
explained the process for measuring the distance between Bellisimo Italian Restaurant and First
Baptist Church Colleyville. He told the commissioners about how the distance regulations had
been changed by the City of Colleyville to coincide with the Sate of Texas regulations. Clayton
Husband explained that seven notices regarding the request and public hearing were mailed to
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adjacent property owners and no response correspondence has been received regarding the
request.
There was discussion by the commissioners and staff regarding the sale of alcoholic beverages at
Bellisimo's and the positive impact that would have on economic development. Chairman Gasper
explained the reasons the distance regulations were changed.
Chairman Gasper opened the public hearing. There being no one present wishing to speak, the
public hearing was closed.
Chairman Gasper requested the applicant AI Bojko to come forward to address the Commission.
Chairman Gasper asked Mr. Bojko about the impact selling alcoholic beverages would have on
the gross receipts for the restaurant. He estimated that it might be 10% to 15% from wine sales
and approximately 5% from beer sales.
Commissioner Culley commented positively about Bellisimo Italian Restaurant and thanked Mr.
Bojko for bringing his business to Colleyville. Commissioner Culley complimented Mr. Bojko on
the atmosphere and food service.
Commissioner Hollis moved to recommend approval of the special use permit.
Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
5. PUBLIC HEARING - Zoning Change from R40 Single Family Residential to PUD-R,
Planned Unit Development-Residential, requested by Edward Eckart, Goodwin and
Marshall, for ICI Development, L.L.C., 16.128 acres located on the south side of Glade
Road in the 2000 block, Case Z-02-013 - Beldon Hollow
Clayton Husband presented the case to the Commission and reviewed the staff briefing. He
discussed how Beldon Hollow exceeds the PUD-R requirements for density and open space.
There was lengthy discussion about the number of lots on a cul-de-sac and how the developer is
requesting a waiver of the requirement for Beldon Hollow. He discussed with the commissioners
the number of subdivision entrances and the appropriateness of discussing requiring sprinkler
systems within the dwellings. Clayton and the commissioners discussed the width of pavement
and rights-of-way for the proposed street and cul-de-sac and how some lots are only accessible
from joint driveways over culverts.
Clayton told the commissioners that the developer's engineer has submitted a Preliminary
Drainage Analysis as required by the Land Development Code. He explained some of the
findings of the analysis and what the engineer is proposing for the drainage on the property. He
spoke about the impact issues associated with the development. There was discussion about
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traffic generation. Mr. Husband showed the commissioners pictures of the land and the
surrounding area.
Fire Marshall Jeff Jones was present to answer questions asked by the commissioners regarding
fire safety. He said that he is sympathetic to the developer because this will be a difficult piece of
property to develop. He said the fire department has met several times with the developer to work
out a subdivision plan that will provide safety for the residents. He discussed different scenarios
on how the fire department would respond to a fire and/or a medical emergency. He said that
automatic sprinkler systems within the dwellings are a good start for fire safety. Commissioner
Jones asked the Fire Marshall if he was confident everything that has been done by the developer
is reasonable to provide fire safety to the future residents. Mr. Jones said yes, but wider streets
would be better. The commissioners discussed with the Fire Marshal about servicing the homes
that are accessible from the shared driveways constructed over culverts.
Chairman Gasper opened the public hearing. Those present wishing to speak were:
Eddie Eckert, 6001 Bridge Street, Fort Worth, applicant, was present to represent the case and
answer the questions raised by the commissioners. He told the commissioners that he and the
developer have met on several occasions with the fire department and city staff. He said the
developer offered four different plans and most of them were turned down. He said the property
has constraints because it is not wide enough for two entrances. Mr. Eckert said Beldon Hollow
as currently designed, meets the requirements for number of lots on a cul-de-sac. He said they
are not requesting any variances from the drainage requirements or from the street construction
requirements. He said they are requesting a waiver on street pavement width on the last half of
Beldon Court and widening the pavement just to widen does not accomplish anything. Mr. Eckert
explained that normal driveways are 12' wide and they are proposing 20' wide driveways for the
shared driveways. He said the roofing materials will be outlined in the deed restrictions and there
will be no wood shingles allowed and the dwellings will be required to have interior sprinkler
systems. Mr. Eckert discussed the preliminary drainage plan with the commissioners.
In response to a question asked by Commissioner Wall, Mr. Eckert said that out of the 23% open
space, 7 to 8% will be outside of the waterway and consist of hike and bike trails.
There was further discussion by Mr. Eckert and the commissioners regarding the drainage plan.
They spoke about culverts, 1 OO-year flood plain, and circulation of water within ponds.
Bill Warren, 4420 W. Hickory, Fort Worth, said he is an attorney-at-law representing several
property owners along Chelsea Creek downstream from the proposed Beldon Hollow. He said his
clients are Mrs. Burton and others along the stream to Oak Knoll Road who are long-term
residents and also residents on Renfro, Bowman, and Bill Simmons. He said the creek in the
early days was not a problem, but with the development of the property to the north and west
drainage is now a serious problem. He told the commissioners the City hired a study on Chelsea
Creek in 1992. Mr. Warren said the water currently stays longer and swells out farther and is a
flood endangerment to properties during high rains. Mr. Warren presented a petition and asked
the commissioners to delay making a recommendation on the zoning change for 90 days in order
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to allow the petitioners time to study the developer's drainage study and also the City's authorized
report. He distributed pictures of Mrs. Burton's yard looking to the north and the south.
Greg Fitzgerald, 4709 Cranbrook Drive E., spoke about the six to seven houses at the end of
Cranbrook Drive E. that would be affected by a fire. He spoke about his concerns that the only
access to some of the lots is by bridges. He said he has a very large cathedral glass window
treatment on the side of the home in order to take advantage of the open space and that will be
affected by the development. He spoke about the 1 OO-year flood plain on the property and how
homes will have to be moved closer to the existing homes in Cranbrook. Mr. Fitzgerald said
residents in Cranbrook took advantage of the view of the undeveloped property and constructed
wrought iron or open fences. He said he would like to see the commissioners make restrictions
on the back lots of the proposed development.
Linda Hart, 4505 Bowman Drive, asked for the commissioners or the engineer to explain what
neck down drainage means. She said the safety of the current residents in Cranbrook needs to
be considered and the developer should not build so many homes so far back within the proposed
subdivision. She asked if it was possible to recycle water in the ponds for use during drought
times. She said she is opposed to a single entrance because of the safety problem.
Rob Hardisty, 5000 Montclair Drive, said that even though a traffic study has been done, 150 cars
exiting and entering the subdivision is a 100% increase in front of his home. He said their
driveway has an entrance on Glade Road and an entrance on Montclair Drive. He told the
commissioners that drivers currently cut through the intersection by using his driveway and even
going under his porte-cochere. He said the traffic is an endangerment to his family's safety and
there will be a high number of cars going in front of his home and driving through his property. He
said he wants to construct a fence on his property line because he has tried other measures to
restrict cars driving through his property in order to avoid the intersection.
David George, 4911 Cranbrook Drive E., said that little has been done in the past for the water
going through the property. He said the property has not been uses as a retention pond, but only
looked at as a flow through. He said with improvements, water may be retained and flow at a
reasonable rate. Mr. George said that erosion is a bigger problem.
Rob Hardisty requested to speak again.
Commissioner Culley moved to suspend the rules and allow a previous speaker address
the Commission again. Commissioner Sellers seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
Rob Hardisty, 5000 Montclair Drive, asked the commissioners if the developer planned on
removing trees along Glade Road. He also asked them what the minimum square footage is
being proposed for the dwellings.
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Minutes - May 13, 2002
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Matt Torbitt, 1420 W. Mockingbird Lane, Dallas, said he wanted to express his support for the
zoning change. He said the proposed development is consistent with the type of developments
being built in Colleyville. He said the problem with the current drainage channel is that it is not
being maintained. Mr. T orbitt spoke highly about the credentials of the developer's engineer and
the City Engineering Department. He said they are well qualified to resolve the problem.
Connie Szablak, 4811 Cranbrook Drive E., asked questions about the distance of her fence in
relationship to the end of Beldon Court.
Ronnie Uhlenhaker, 4803 Cranbrook Drive E., said he has concerns about the view to the back of
his property and the fencing and screening. He said he prefers a brick wall.
There being no one else present wishing to speak, the public hearing was closed.
Edward Eckert, the developer's engineer, came before the Commission to address questions and
concerns raised during the public hearing. He said that "necking down" means to slow up the
velocity and slow down the output. He said they will not increase any problem, but will aid the
current problems. He said all problems would not be solved. Mr. Eckert spoke extensively about
the proposed drainage plan and the current problems associated with the drainage on the
property and in the area. He spoke about erosion and silting in the ponds and the developer is
looking for a long-term solution. Mr. Eckert said they have not done a complete flood study, but
that would be done in relationship to their submittal of construction plans for the final plat. He said
he will meet with the homeowners.
Mr. Eckert addressed the concern about the removal of trees. He said they will clear the rights-of-
way and areas for infrastructure, but will avoid removing trees, especially the large tree on Glade
Road. He said that the tree is also the developer's amenity. The developer, Mike Williamson,
spoke to the commissioners about minimum square footage of dwellings being approximately
5,000 square feet and he said he'd work with the adjacent homeowners regarding fencing.
Mr. Williamson answered the commissioners' questions about the sale price of homes. They
discussed allowing enough room for cars to turn off of Glade Road into the subdivision.
Commissioner Hollis said that Beldon Court will grade uphill and a berm or screening may be
required in order for headlights on cars not to shine in adjacent residents' homes.
Commissioner Wall asked staff to clarify the adoption of the zoning change in a PUD in
relationship to approval of the final plat.
Edward Eckert said the pictures taken by Mrs. Bowman were during a rainstorm event and there
normally is not that much water.
Commissioner Culley questioned Clayton Husband about what Clayton thought were the pertinent
issues. Commissioner Culley said he believed they were: the number of lots on the cul-de-sac;
the right-of-way on the cul-de-sac, and the technical non-compliance of 16 dwellings rather than
20 dwellings required for a gated subdivision.
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Chairman Gasper recommended that the developer meet with the homeowners and she
recommended that the case be tabled to allow the developer time to conduct that meeting.
Chairman Gasper moved to table the item. Commissioner Hollis recommend that those
meetings take place before a final plat and construction plans are submitted by the developer to
the City. The motion died for a lack of a second.
Commissioner Sellers said the width of pavement at the back portion of the subdivision and one
entry for the subdivision, considering the depth of the property, present a problem for him. He
said with the possibility of the subdivision becoming a gated community, he has concerns for the
safety of future residents. Commissioner Sellers said he has empathy for the residents in
Cranbrook Estates who will be losing their views toward the proposed subdivision, but that is a
part of the change that comes with development.
Commissioner Hollis asked questions of Clayton Husband and Fire Marshall Jeff Jones regarding
depth of the subdivision. They discussed how the property is currently a hazard in its present
condition. They discussed the access problem for emergency vehicles because of bridges and
also how the sprinkler systems, and additional fire hydrants on the through street will help for fire
protection. They said that widening driveways would not help with fire safety because they need a
clear vertical space to fight a fire.
The commissioners discussed how this issue will continue presenting itself because of smaller
parcels of property being developed for residential subdivisions. They spoke about the need to
balance safety and the rights of land owners to develop their land.
Commissioner Sellers made a statement that he is not against development and yeas, there will
be difficult areas to develop in the future. He said the commissioners have an opportunity to set
standards for addressing safety of future developments and because they have approved a
subdivision a certain way in the past is not a reason for doing the same thing in the future.
Commissioner Jones spoke about how the developer has worked with city officials and staff to
design the subdivision and possibly increasing the cul-de-sac to 56' would help the fire
department.
The commissioners discussed the possibility of requiring an acceleration/deceleration lane in front
of the subdivision; increasing the width of the streets to 56'; requiring an inset for future gates;
restrict parking on the cul-de-sac and to only allow parking on one side of the streets; and
requiring extra fire hydrants, and interior sprinkler systems in the dwellings. There was discussion
about fencing.
Commissioner Wall moved to recommend approval of the zoning change subject to:
1. Homes will be required to have interior sprinkler systems;
2. All roadways will have a minimum 56' right-of-way;
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Minutes - May 13, 2002
Page 8 of 11 - Approved on May 28, 2002
3. The developer will provide improved fire hydrants as specified by the
Colleyville Fire Department; and
4. There will be no overnight parking on cul-de-sacs with this provision to be
included in the Homeowners Association deed restrictions.
Commissioner Hollis seconded the motion and offered a friendly amendment. He
suggested that the developer be directed to meet with surrounding residents to discuss a
screening plan prior to proposing a final plat. He suggested that the developer meet with
the neighbors prior to the meeting with the City Council. Commissioner Wall accepted the
friendly amendment. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
There was discussion by the Commission regarding their position on the future subdivision
becoming a gated community. They discussed the proposal from a security issue standpoint and
also fire safety standpoint. There was support for a gated community ifthe developer wanted one
and if all of the other regulations for a gated community could be met.
6. Consideration of a recommendation from the Parks Board regarding parkland dedication
in the Village at Colleyville, Case G-02-013
Chairman Gasper asked staff if the City normally had parks that are less than % acre. They
discussed how in a downtown area it is not unusual to have parks that smaller and used for a
passive park that would compliment the development within the project. He said they would have
park benches, possibly gazebos, landscaped areas, and places for people to sit and visit rather
than covering all ofthe lots with buildings. Clayton Husband said the Village at Colleyville always
contemplated having some open space in it and when the development was first conceived it was
assumed that the City would probably get some sort of property that would be publicly owned as
park space. He said one lot is where the library was originally being considered and the other is a
lot that was always identified as open space. He said the advantage of the City owning the space
is that the City will have control over the property and it can't be converted into something else in
the future. Clayton Husband said the only thing the City would pay for is the water bill. He said
the development and maintenance of the parks would the responsibility of the developer and the
developer would have to submit a development plan to the City and upon approval, the developer
would have to maintain the facilities. Clayton said the City would have some say in how the
property is maintained, like if they would water the property too much, the City could tell them to
cut back on watering or vice versa. He responded to Chairman Gasper's question about
ownership and said the City would own the property fee simple.
Clayton Husband advised the commissioners that the Parks Board met on May 6111 and they
recommended approval. Commissioner Culley asked Clayton if there was anyway that this action
could be misconstrued as anything but good for the City. Clayton Husband said he could provide
Planning & Zoning Commission
Minutes - May 13, 2002
Page 9 of 11 - Approved on ..y 28, 2002
his personal opinion and he believes this would be a good thing for the City. He said if the project
builds out as it is intended to build out and there is every indication that will happen because of
the interest in the Village at Colleyville and the permits that have been requested, the two open
space lots will provide that nice little nuance and niche that will make the project jell so to speak.
He said that the pocket parks will be similar to others in large cities that provide a space for people
to relax. Commissioner Culley asked Clayton if the developer benefits in any way, shape, or form
from the City taking ownership of these parks. Clayton responded that they benefit by not paying
taxes on the property. Commissioner Culley asked how much that would be. Mr. Husband said
he did not know how much that would be. Chairman Gasper said that the amount of loss of the
tax revenue would be fairly insignificant because they would be unimproved properties and carry a
low percentage of the value. Clayton Husband said the offset value the developer would benefit
from is not significant and the value the City gets is more intrinsic value than it is anything
physical. Chairman Gasper said the value would be in the amenities that would be enjoyed by all
the citizens.
Chairman Gasper moved to approve the recommendation for G-02-013. Commissioner
Jones seconded the motion.
Commissioner Culley recused himself from voting on the issue. He said he was invited
approximately 4 to 6 weeks ago to attend an event that he did not know what the purpose of the
event was until he got there. He said he was invited to see if he would invest in a theater that was
proposed to be placed in the Village at Colleyville. He said consequently, he will not be voting on
anything regarding the Village at Colleyville until it has been determined that his participation in
that event precludes him from doing so. Chairman Gasper said Commissioner Culley is fortunate
he is not on City Council because if he were on City Council he could not legally recuse himself
because he does not have a real interest in the project, but she appreciates his concern, honesty,
and forthrightness. Commissioner Culley said he did not want anything to come down the road
against the Planning and Zoning Commission that would place a negative light on what they are
doing.
The vote being:
Ayes: Wall, Jones, Sellers, Hollis, Gasper
Noes: None
7. Consideration of rescheduling the May 27, 2002 Planning and Zoning Commission meeting
to Tuesday, May 28, 2002.
Commissioner Jones moved to reschedule to May 28th. Commissioner Sellers seconded
the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
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Minutes - May 13, 2002
Page 10 of 11 - Approved on ..y 28, 2002
8. Citizens' comments regarding items not on the agenda: There were none.
9. Staff comments, reports and discussion items: Clayton Husband responded to Chairman
Gasper's request for a review on what flexibility and freedom the commissioners have in
approval or non-approval of final plats.
10. Commissioners' comments and reports: There were none.
ADJOURNMENT:
The Commission moved to adjourn the meeting at 10:40 p.m. The motion was seconded
and passed by acclamation.
Respectfully Submitted,
l ;p1~
UinL;vy~-
Planning & Zoning Assistant
levyj@ci.colleyville.tx.us
Approved on: May 28,2002 as submitted.
NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available
upon request.
Planning & Zoning Commission
Minutes - May 13, 2002
Page 11 of 11 - Approved on May 28, 2002