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HomeMy WebLinkAbout01/20/1997 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 20, 1997 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 20th day of January, 1997, 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 Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: 7:04 p.m. 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, TO-WIT: A. CONDEMNATION PROCEEDINGS FOR ACQUISITION OF RIGHT-OF- WAY FROM THE BURLINGTON NORTHERN RAILROAD B. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al., PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, CASE NO. 4;96-CV335 C. JWV ASSOCIATES, LTD. v. CITY OF THE COLONY, TEXAS, BILL LONGO, DAVID KOVATCH, AND WILMA AVEY, CAUSE NO. 97-50027-367 8:40 p.m. Reconvened in open session. Councilman Avey was not in the room at the time the meeting was called back to order. 2. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION WITH REGARD TO: A. CONDEMNATION PROCEEDINGS FOR ACQUISITION OF RIGHT-OF- WAY FROM THE BURLINGTON NORTHERN RAILROAD Motion to authorize the city's attorney in this matter to proceed - Stanwick; second, Dillard, carried with all members voting Aye. Councilman Avey returned to the meeting. __ B. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al., PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, CASE NO. 4;96-CV335 - No action taken C. JWV ASSOCIATES, LTD. v. CITY OF THE COLONY, TEXAS, BILL LONGO, DAVID KOVATCH, AND WlLMA AVEY, CAUSE NO. 97-50027-367 Motion to authorize the city attorney to enter into any joint defense agreements that are requested by the three Councilmembers that are named in the law suit to protect the attorney-client privilege of both the city and individual Councilmembers - Kovatch; second - Longo. Mayor Manning asked if this includes payment of attorney's fees (for individuals) or just information. Councilman Kovatch said it does not; it's just for sharing of information to protect privileges on both sides. Motion carried with all members voting Aye. PLEDGE OF ALLEGIANCE 3. CITIZEN INPUT John Morrell, 4926 Arbor Glen, reminded everyone that this month the City is 20 years old and stated how much he appreciates the service the council and employees give. He also stated that a birthday cake and flowers are in the lobby. Craig Sloan, 5416 Baker Drive, thanked the Councilmembers who voted for the Resolution regarding (alcohol on) 121 and also thanked those members who voted against the resolution for stating their position. Mike Lynch, 4921 Roberts, spoke in reference to item 2C and stated that once a vote is taken, all (council) members are bound by that vote and that now is the time for unity. Cathy Wood, 4904 Avery_ Cir, expressed her concern and frustration with the council and read from a prepared statement as follows: "You probably will not like what I am about to say, however, I hope you will take it in the spirit it is said. This city was established in 1977 by a group of dedicated individuals who desired a place to raise their families where each person could and would have the best possible quality of life. For many years, The Colony was an infant city struggling for its identity and its place. The Colony has gone through numerous stages from its inception to its present day existence on the verge of needed and desired growth. I am a 20 year resident and have been involved in varying stages of the city's development from serving on the original homeowners' association, to a City Council member, to a member and chairman of the Planning and Zoning, to my present involvement as a member of the Steering Committee formulating the new comprehensive master land plan. Through all these many stages of growth and change, I have seen The Colony go through many diverse and 6 controversial councils, and many conflicts. Several weeks ago I addressed this council regarding the resignation of Mr. Johnny Smith. At that time I told you that if we were to take a vote of confidence in this council, it would fail miserably. I believe that nothing has changed since that night and if anything, things have become progressively worse. I will share with you that I have mixed emotions about liquor stores on 121 at our front door. Would I like to see no liquor stores on 121, absolutely! However, certainly not for moral reasons, certainly not because I think our community will evolve into a cesspool of crime, certainly not because I am less family oriented than the 100 people who showed up at the last council meeting, but basically aesthetics, the way the entrance to our city will look, a fa'st impression 'a fine place to live and work, a place to raise your family, a progressive city, a beautiful city by the lake I have grown to love'. However, in my many years in land development and my experiences with planning and zoning, I have learned to be realistic about the reality of a situation and what can and cannot be accomplished through zoning and the legal options therein. I am a Republican by choice, a Methodist by choice and a pro-choice advocate by choice. That does not mean I believe all the Republicans' rhetoric, it certainly does not mean I think if you are not Methodist you are going to hell and it does not mean because I am pro-choice that I am pro-abortion and anti-family. My point is, there are many, many people who for various reasons would disagree with the 100 or so people who spoke at the last council meeting. Because 100 people show up objecting to liquor stores on 121 and talking about the decline of the family in The Colony and concemed about higher crime rates, more drank drivers, etc. that the council should roll over and say 'Well the citizens have spoken'. Your job as an elected official is to represent the majority of the citizens of this community. Your job is to gather all the information from the city staff, including and especially the city attorney, and make an informed, knowledgeable decision based on what is in the best interest of all the citizens. Certainly you must consider the 100 or so people who have voiced their opinion at the last meeting, however, that must be a weighted vote. A weighted vote in the fact that there are approximately 24,500 citizens in this community, 13,000 of them registered voters. 100 speaking against an issue is less than one half of one percent of the total citizens of this community. And less than one percent of the registered voters. So when I read in the Metropolitan section of the Dallas Morning News on Friday, January 17, the spokesperson for the 100 people 'truly believes the residents of the city spoke loud and clear the other night'. I wonder if this is indeed what the Council believes and bases its decisions on. Do they ignore the city staff, the city attorney and the other 24,400 citizens who have not shown up for the council meeting and base their decision on the ones who do attend or on their own personal agendas and morals. Several years ago wltile serving as a member of P&Z, LISD came in for zoning for a second middle school. There were approximately 30 people living near the proposed site who were concerned about their property values and objected to the location of the school because they were told it would devalue their property. It was personal to them and they felt very strongly. Did the sitting Council say okay 30 citizens showed up to oppose so we won't consider the balance of the citizens, only these 30 and throw out the second middle school that will serve 700 children. Of course not! That would be ludicrous. What the Council did was consider those 30 people, weigh their vote against the interest of the impact on the first middle school being overcrowded, on the impact of the neighborhood, on the fact that the second middle school would benefit the community and its citizens. They made their decision based on what was in the best interest of the majority of citizens. I have dedicated many hours, days and weeks of my time to help make The Colony a great and unique place to live and so I am here tonight because I don't want half of one percent of this community's citizens speaking for me 'loud and clear'. I feel I have always spoken in a positive and realistic manner when I have appeared before this Council in the past. I feel that I have not spoken in anger or attacked any Council person personally. However, tonight I must speak out! I feel this Council has, with your present direction, taken The Colony into a new and possible irrevocable direction. I feel you have placed this city and its citizens in jeopardy and period by taking a path which I feel is dictated by personal agenda, personality conflicts, council people who like to bully others, and basing your decisions on a small percent of the voting population in addition to your own whims and morals. I do not take it lightly when I say to you as elected officials, you have become a detriment to this city and a moot council when you are unable or unwilling to deal with the problems this city faces in a professional and courteous manner, putting aside your personal feelings to do what is in the best interest of this city and the majority of its citizens. In the past, I have not spoken in anger, however, I will tell you tonight that I am very angry at this council and I am very frustrated with your lack of ability or willingness to resolve these personality issues and personal agendas and I tell you tonight that I will not allow you to put this city in further jeopardy. From the immortal words of a movie I have seen many, many times, and I believe I can speak for at least 100 people and you can weigh this in for them too, 'I am mad and I am not going to take it any more'! I implore you to pull together for this city and help us move forward not back." Councilman Watts agreed with Ms. Wood, stating everything she said is what she (Watts) believes. She said in 1993 she did a letter to the editor regarding bringing a bowling center to The Colony and in it asked "What do you want 121 to look like?" Councilman Watts said it can be researched and reprinted. She said it asked if the people wanted the 121 corridor to look like Addison, restaurant row on Stemmons. She said she continued to pursue the bowling center, commissioned an economic study on the feasibility of a bowling center, and also included in that study a movie theater, a roller skating rink and an ice skating rink. Councilman Watts continued stating she then commissioned a classic movie theater concept study. She said she has always been involved in economic development and that she is on the Board of Directors for the Economic Development Corporation. Councilman Watts said the issue of 121 and liquor has never had anything to do with her religion, but it has everything to do with economic development. She said Loews Building Materials has given her a copy of their corporate covenants that state they will not build in the same development as a liquor store, however, they will not build in the same development as a bowling center or movie theater either. Councilman Watts said they have the ability to address that and may agree in writing to do so, however, they will not agree to locate with a skating rink or a sexually oriented business. She said this is an economic development issue and that anyone who calls it a religious or moral issue is not coming from the same place she is. Councilman Watts said she also has in writing from the city 8 attorney, twice, that it is within our (council) legislative authority to deny the SUP's for liquor on 121. She said this is not something that was done thoughtlessly or out of emotion and said she resents the fact that is how it has been painted in the newspapers. She said she resents the fact that people have said this is about wet/dry. Councilman Watts said it is not and that she has said that before. She said there was a consideration of grandfathering the existing businesses and voting the city dry, but that she would only think about it if the existing businesses would be protected. She said if a wet/dry election would make the city totally stone dry, then she is not interested in it, stating that would put people out of business and would not meet the needs of those citizens who do like their beer and pizza and their beer and Mexican food. Councilman Watts said she was elected to represent everyone and said that anyone who says, ever again, that this is a moral or religious issue to me is telling a lie. Councilman Longo then responded, "I happen to be a Catholic and we're noted for drinking. I do not attend a church here in The Colony, so no church in The Colony tells me what to do. I attend a church in Lewisville and because of the situation I'm in, last Saturday, they were concerned about me going around taking up a collection. I'm getting sick and tired of people saying I have a personal agenda, I deal in personalities, I did not listen to the attorney, I do not listen to staff. I surf the web page, the net, The Colony Web Page, nothing but a bunch of garbage. Nothing here is facts, it's all personalities. My personal agenda and it's always been that way since 1975, was to build a better community and I have devoted many, many hours to it and I've taken a financial hit, my family has been abused, my daughter has lost sales because of the name Longo. That's how vicious people are. I hear statements made,.local watchdog. There's no local watchdog in this city, it's junk yard dog. I don't mind constructive criticism, but I'm sick and tired of destructive criticism. The last meeting when I made my vote, I stated facts. I did not listen to a hundred and some odd people standing up here and saying I don't want liquor. I made my vote because your Colony Police Department does not have the manpower to do its job the proper way, the Fire Department does not have its manpower. 121 is a dangerous highway. For years councils have petitioned and called the Texas Department of Highway Safety to do something about death 121. There is a lot of reasons why I voted no. So don't turn around and accuse me of using a personal agenda because none of you people come in my house and discuss with me what I'm going to do on the council. A lot of you people put me on this council two years ago because you had faith in me, you knew where I stood, you knew I was a person that you can trust. Now all of the kudden, you can't trust me. If you think I go ahead and sit here and let people dictate to me in the audience or on the council which way I should vote, you're sadly mistaken. You are, I vote my conscience, I go out of my way to get the facts, in fact the Mayor has accused me of having too much time, coming up here, but I try to get the facts. I turn around and I'm smart enough to understand I left myself open to a law suit. I am being sued. I expect to win. And if I have to have an ambulance chaser represent me, I am very proud of it because that man put his name in public, but don't turn around and say I don't do my homework. You'd be surprised the amount of hours I put in this job, along with someone else. And I'll also turn around and bring to your attention, that if years ago, previous city councils had taken the time to listen to boards and commissions about the need to come up with a comprehensive land plan, I would not be facing a law suit, the city would not be facing a law suit and if you forgot, approximately a year ago, we bit the bullet and came up with a $180,000 to come up with a comprehensive land plan so the commissions we appoint can do 9 their job and council people will not be sued. And if you think this is the only law suit, there's four more suits facing this city with a possibility of two more and I'm sorry to say that this council does not work as a unit. It does not work as a unit. We have divided ourselves and I dare anyone that sits up on this council to turn around and say that they're not dealing in personalities and etc. I'd like to bring to your attention that the newspapers found out I was being sued before I got hit with the papers and you're going to try and tell me that there is somebody up here that is concerned about my interests, no way. You can shake your head but you are responsible for this too, sir (speaking to Mr. Lou Gomez)." (Mr. Gomez' response was not audible.) Mayor Manning halted the conversation. Mr. Joe Agnew asked Mayor. Manning to stay with council protocol, stating that when he was on council, the Councilmembers were not to debate with the audience. John Pinchot, 4338 Newton, sympathized with the council and their concerns about drunk driving and the impact that it may have on the citizens of The Colony and the surrounding area. He continued by asking the council to reconsider the resolution passed which limited the number of SUP's to zero for businesses that want to locate along 121. He said what they should do to help in the fight against drunk driving is to pass a resolution in support of Mothers Against Drunk Driving, who are working with the State legislature to decrease the legal blood alcohol limit and to increase the penalties against those people who do drink and drive. Mr. Pinchot continued stating that you don't solve the problem by prohibition and he asked the Councilmembers who did vote in favor of that resolution last week to provide some empirical data that shows that there is a correlation between the number of liquor stores and the number of drank driving incidents. He said he does not believe they would find that evidence, but if it does exist, to please bring it forward. Mr. Pinchot said that at the last council meeting there was a person who related a very personal incident regarding how a drm~k driver had killed an entire family and went on to say that he sympathizes very much because people that are close to him have lost their lives due to drunk drivers and that he was hit by a drunk driver back in 1989. He said he has seen it closer than most people ever do. He continued stating the way to solve this problem is through improving enforcement and increasing the penalties, not through prohibition or limiting the number of liquor stores. Mr. Pinchot said there is a very vocal minority in the community that is using emotions to provoke the city council to achieve their own agenda. He said this is clearly a case of discrimination, that the council selected a specific group of people and you are limiting their rights to do business the way they want to in the City of The Colony. He said it is wrong, unfair, un-Christian and as you are finding out, it is illegal. Mr. Pinchot said the group that was here at the last council meeting is a minority of the people. The majority of the people in The Colony don't want to see their hard earned tax dollars spent to fight these silly legal battles. He said the majority of the people in The Colony would like to see the hard earned tax dollars used to improve the streets, or improve public safety, the library or the parks program. He said according to the Dallas Morning News, Councilman Kovatch defended council's actions based on economics. Mr. Pinchot said in economics there are some simple principals of supply and demand which are independent and interrelated. He said there is already an establishment on 121 that sells alcohol, there's one about a block north on Main Street, there's one about three blocks north on Paige. He continued stating anyone who is driving on 121 has the opportunity right now, the demand is being met and as far as he knows, the liquor stores are not selling out so there's no excess demand. He said economics tells us that - 10 all things being equal, if the derrumd is akeady being met and you increase the supply, then you will have to increase the demand. Increasing the number of liquor stores on 121 will not increase, by itself, the amount of alcohol that is sold on 121. Some people would have us believe 121 will turn into a strip of liquor stores, but that is not the case, the demand is not there. In closing Mr. Pinchot reiterated that there is no correlation between the number of liquor stores and drank driving related incidents, the resolution that passed by the council at the last meeting is discriminatory, it's illegal and it's just down right wrong. Also, you represent all the citizens in your district not just the special interest groups and that is very important for you to remember, not just the group that showed up at the last meeting. The additional liquor stores will not have a negative impact on the economics of this community but this five million dollar law suit will. It works out to $208.33 for every citizen of The Colony, or $833.33 that every family of four is going to have to cough up and that's just down right wrong.. Lou Gomez, 5081 Shannon, The Colony, Texas (while he was stating his name Councilman Longo made a comment, however, it could not be heard by this writer at that time and it cannot be distinguished on the recording.) Mr. Gomez stated, "Shut up, I have the floor". Councilman Longo, "Point of order, Mr. Mayor." Mayor Manning, "Let me mn the meeting please." Councilman Longo, "I ,rant a point of order, sir." Mayor Manning, "Mr. Longo will you please hold your tongue for a moment. Mr. Gomez, I would like to ask you to please try to control your comments." Mr. Gomez, "I apologize, Mayor. I don't want a repeat of past performances, that's all. Mr. Longo, I think you better watch it because junk yard dogs bite." Councilman Watts, "Point of order." Mr. Gomez, "Angry people." Councilman Watts, "Mr. Mayor, point of order gives me the floor." Mr. Gomez, "I was merely stating..." Councilman Watts, "Point of order." Mayor Manning, "Lou, hang on a minute." Councilman Watts, "Reading from Roberts Rules of Order, it is the duty of the chairman to enforce the roles and preserve order and when any member notices a breach of order he can call for enforcement of the roles. In such cases, when he rises, he usually says, Mr. Chairman, I rise to a point of order. The chairman then directs the speaker to take his seat and having heard the point of order, decides the question and permits the first speaker to resume his speech, directing him to abstain from any conduct that was decided to be out of order. When ~ speaker has transgressed the roles of decorum, he cannot continue his speech if anyone objects, unless permission is granted him a vote of the assembly. Instead of the above method, when.a member uses improper language someone says 'I call the gentleman to order'. When the chairman decides as before whether the language is disorderly. Appeal: While on all questions of order and of interpretation of the roles and of priority of business, it is the duty of the chairman to first decide the question. It is the privilege of any member to appeal from the decision. If the appeal is seconded, the chairman states his decision and that it has been appealed from and then states the question thus, 'Shall the decision of the chair stand as the judgement of the assembly or society, convention, council?' The chairman can then, without leaving the chair, state the reasons for his decision after which it is open to debate. No member speaking more than once except in the following cases when it is undebatable. When it relates to transgression of the roles of speaking or to some indecorum or to the priority of business, and when the previous question was pending at the time the question of order was raised. After that the vote is taken, the chairman states the decision of the chair is sustained or reversed as the case may be. I respectfully request that Mr. Gomez not call any Counciimember by their rightful name 11 or any other names. I respectfully request that he address an issue and not a personality and if he does any of those things I will again call point of order and request a vote as to whether he should be allowed to continue to speak." ~. Mayor Manning, "So you are saying that he doesn't have the right to address individual Councilmembers, is that correct?" Councilman Watts, "That is correct. He has a right to address an issue, a concern that he has of the city, but according to Roberts Rules of Order, he is not to specifically address any Councilmernber. Cathy Woods did a very good job of addressing the issue." Mayor Manning, "I don't see.it anywhere that it is written that a citizen cannot come up here and address an individual Councilmember. Ifa citizen has a problem with someone who represents them, an individual in a district, you're telling me they don't have a right to come to that microphone and address that concern." Councilman Watts, "They have the right to address the concern with the Councilmember involved. They do not have the right to publicly abuse anyone." Mayor Manning, "I won't disagree with that. But do we use your definition or do we use ..... "Councilman Watts interrupted, "We have a vote of the majority of council." Mayor Manning, "That is fine for you to do if you choose to do that." Councilman Longo, "Mr. Mayor, I'm not going to quote Roberts Rules of Order. I am going to quote The Colony Code, SeCtion 13-5, 'It shall be unlawful for any person to disturb the audience of any show, theater, public' gathering, performance, exhibition or any other lawful assembly or meeting by boisterous talking, whistling, stomping of feet, or any rode or indecent act or conduct.' I feel that Mr. Gomez' conduct is very rode. I have given a copy The Colony Code to our attorney and I would like to have him role on it in his rode manner." Mayor Manning, "Mr. Longo, would you care to address your supporters out there in the same way?" Councilman Longo, "What supporters do I have, sir? I am not addressing any supporters out there." Mayor Manning, "I tell you what, how about if we just cease this discussion. I'm not going to call on you so you can't speak." Councilman Watts, "I would like to hear him speak." Mayor Manning, "Mr. Gomez, would you please continue. I will do my absolute best to call you down if I determine you're making personal comments and I will request very strongly that you not do so, that you address issues only, sir, continue." Mr. Gomez, "First I want to talk about the alcohol issue that was voted on recently, law versus morality. All of you when you took the oath of office, you took an oath of office that essentially says that you are going to uphold the laws of the State of Texas. It didn't say that you would support individual interests, in fact it didn't even say that you were going to go ahead and do what your constituency told you to do as you eloquently stated, sir. It didn't even say that you would vote your conscience. It said that you would uphold the laws of the State of Texas. The State of Texas being a state in the United States, the last time I checked. What you did last meeting was wrong, you know it was wrong. Some of you even are tonight saying it was not a religious issue. I suggest that you review some of the video tapes. In fact I would go on to say that some of you have made it a commercial by which you want to protect existing businesses. And I would submit to you that what you're doing is wrong and obviously some of you even think that it's a bluff, that these people are bluffing when they are suing you. I have a hard time believing that somebody is going to spend thousands of dollars on a bluff. But be as it may, I suspect you are also receiving a lot of advice from a lot of the wrong people and I think that you need to look at yourselves a little bit closer and see what you get. Now Mr. Dillard, don't hold this against me, O.K., I am going to read to you an excerpt from today's 12 presidential inaugural address. Bear with me, and I am a registered, active Republican, that votes, not necessarily the party ticket, but that certainly' votes my conscience. 'The challenge of our past remains the challenge of our future. Will we be one nation, one people with one common destiny or not? Will we all come together or come apart? The divided race has been America's constant curse. Each new wave of immigrants gives new targets to old prejudices. Prejudice and contempt cloaked in the pretense of religious or political conviction are no different. They have nearly destroyed us in the past, they plague us still, they fuel the fanaticism of terror, they torment the lives of millions in fractured nations around the world. These obsessions cripple both those who are hated and, of course, those who hate.' Now you can read a lot of things into that. I read a lot of things into it too, but it all came down to' two things, one was don't be a racist, obviously, get along with your fellow man. But also temper your religious beliefs and maybe subscribe to the idea that you should live and let live. Some of you tonight have denied even your own people who came here with their signs around their neck, stating to do the right thing, vote no. I'm not for wall to wall liquor stores. I don't think you'll fmd anybody in town that is. But when a property owner has property they have bought in town under legal means, when they m'e wanting to open up shop to sell something that.is perfectly legal in the State of Texas, perfectly legal because you voted the town wet a long time ago, then don't blame them when they sue you because you're denying them their right to develop that property. It's only reasonable, it's no different than if somebody said you couldn't build your two story home because they don't like two story homes, we have too many of them. Where does it stop, do we have too many print shops? (Mayor Manning advised there was one minute left on the time to speak.) Are you going to shut down a hamburger stand because we have a Wendy's and a Burger King you want to protect? It doesn't work that way. As much as you hate it, it doesn't work that way. You can't always have it your way. Now at the last fiasco, you said you voted the way the people wanted because they filled the chamber with' people wearing signs and some of you even say that wasn't orchestrated, it wasn't even planned. Well, that was maybe 150-200 people. This disk contains hundreds of people who want you out of office. Why don't the roles apply there? These people want you out of office. Why don't you resign? The roles apply only selectively I guess. In closing, I still want to ask another question, if I may of Councilman Watts. Why has she not addressed the issue of the large financial contribution from a land developer? A certain lady here, last meeting, took you to task, Mr. Mayor, for having a campaign contribution from a developer. Two of you that sit on council got some, but didn't declare it. Why? Please answer that someday, thank you. Alice Warren, Frisco said she noticed Boy Scouts in the audience. She said she wants a wholesome environment. Going on, she said she was appalled to see the council divided, and when she sees the roles of order completely out of line. She said the Councilmembers are trying their best to fulfill their obligations to their community. She said she had heard the next election is going to be bought. She said she is concerned about adding liquor stores on-121 and encouraged the council to work together for the benefit of the community. David Heiman, 5949 Fox Drive, stated the Councilmembers are here to lead and cannot please everybody, because there are people on both sides on any issue. He said each Councilmember who voted at the last meeting attempted to lead. He said the number of people showing up at the council meetings for or against an issue should not be what dictates the council's vote. He said their opinions should be considered, but the council has to lead and part 13 of that is gathering information and then moving forward. He said the council is not here to merely robber stamp the desires of the property owners. Mr. Heiman said there are other considerations by law that must be taken into account and the council is charged to look~ at all those things. If the council does not look at everything, then they are negligent in their job. He said people think the council is trying to prohibit liquor and stated that he is not for that (prohibition). Mr. Heiman said a libertarian, free-market scheme does not work in Texas because some areas are wet, some are dry.and because all the areas around The Colony are dry, there will be a lot of stores in The Colony. He encouraged the council to reach a reasonable compromise, perhaps beer and wine stores only between the wet and dry areas of The Colony (north and south of 121). John Goddard, 4337 Cape Code Dr. said he had delivered a package for Councilman Dillard before the meeting, that was representative of a partial canvassing of the Ridgepointe subdivision. He said about half of the area was surveyed and the results were: 57 in support of the letter and 5 who were undecided or refrained from responding. The letter goes as follows: "As residents of your district we want you to know we support the council's recent decision not to allow liquor stores on 121. As our council representative we are disappointed that your vote is not reflective of our position. Liquor stores along the 121 corridor would not provide the type of development we desire at the gate of our city. It is not the kind of business that will meet our needs and encourage us to spend more locally. Through the authority, we, as voters have given you, you are empowered and entrusted to make the decisions regarding our city and its future. We ask that you reconsider your vote on this issue. In the face of opposition through law suits, the majority of the council stands with courage. We ask that you join the majority of the council as we, as a community, face the issue of who controls The Colony's future. We request your support as we enter the upcoming test, 'Is The Colony in control or are business interests?' Though Ridgepointe is a small subdivision and just a small group of people of your constituents we hope that you will take this into consideration along with your other considerations. We thank you for your consideration and the time you spend for the city." Councilman Dillard stated he will review the packet and thanked Mr. Goddard for his input. Jorge Diaz, 5809 Carroll, commended the council for trying to work together and commended those who voted against the liquor stores. He said he is against liquor stores on 121 and asked the council to hold fast on their position. The issue is not liquor vs. non-liquor but we don't want large volume liquor stores on one of the busiest highways in Texas. He said all the information on The Colony says "family oriented community", a place where he could raise his family without liquor and sexually oriented businesses. We can do better and set a higher standard for this community. Rich Lewis, 5013 Ashlock, I am not here to say I am in favor of liquor stores on 121, but I am in favor of financially not bankrupting the City of The Colony. Five million dollars is a lot of money and it seems there may be other law suits pending. The city council said they voted by facts, and I sure hope that is so, because we cannot afford to lose any of these suits. It appears the council may have ignored recommendations from staff, city attorneys and P&Z. Why do we have these people if the council is going to ignore them. Mr. Lewis said sometimes there is dialogue between the council and speakers and at other 14 times a person may ask for dialogue and there is none. He said he doesn't understand why there are two sets of roles. He believe.,, that he should be able to state something positive or negative regarding a Councilmember at a council meeting. He said if input goes one way, it should go both ways. I don't agree with personal attacks, but also after a person speaks and then sits down a Councilmember addresses them. The citizen should be allowed to come back up and given a chance to speak again. Mr. Lewis said there have been favorable input that is allowed to go over 5 minutes, but unfavorable input is kept to 5 minutes. Mayor Manning said it is not easy to conduct an orderly business meeting. He said his intent is to try to move the meetings along as rapidly as possible, to hear as many .people as we are able to and try to get out of the meeting at a decent hour. We have a lot of business to attend to, we have people attending from out of town and the Mayor said it is never his intent to cut anyone off (from speaking). Councilman Watts asked for clarification, referring to Mr. Joe Agnew's comment that council is not supposed to carry on a dialogue, with which you agreed (Mayor). Mayor Manning said it is preferable to take these items after the meeting at a separate forum in order that the meeting can move along. (Tonight) we have members of Planning and Zoning that thought their portion of the meeting would start at 7:30 or 7:45 and it is now 9:30. This is not fair to them. Mayor Manning said it is a difficult balance to be fair to everyone at the meeting and it is not always a pleasant job. Mr. Lewis said the citizens need to know what to expect. Mayor Manning said if we allow dialogue, the meetings could go along ad infmitum. If something can be answered quickly then we will do so, but dissertations are what cause meetings to go long. Mike Lynch, 4921 Roberts, suggested that to help speed up public hearings the developer should be heard from fa:st. It might answer some of the questions before they are asked. 9:55 p.m. AT THIS TIME, THE PLANNING AND ZONING COMMISSION WAS CALLED TO ORDER TO MEET IN A JOINT SESSION WITH THE COUNCIL TO ADDRESS THE FOLLOWING ITEMS. THE FOLLOWING MEMBERS OF THE COMMISSION WERE PRESENT: CHAIRMAN CROCKER, MEMBERS JOE AGNEW, STEVEN SWERDLOFF, DEVILLE HUBBARD AND JOHN ANDERSON. 9. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ON APPLICATION OF KAREN L. PORTER, CARTER AND BURGESS, INC. SEEKING A ZONING CHANGE ON THE BELOW DESCRIBED PROPERTY CURRENTLY ZONED PLANNED DEVELOPMENT 9 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT BY AMENDING PLANNED DEVELOPMENT 9 FOR THE (SF) SINGLE FAMILY DISTRICT NORTH AND SOUTH OF SOUTH COLONY BOULEVARD BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD This public hearing is a time for the Council and the P&Z to received input from 15 developers, staff and citizens regarding a request for development of the above described property, including amendments to the Comprehensive Zoning Ordinance and the Thoroughfare Plan. Mayor Manning and Chairman Crocker opened the public hearing for Council and P&Z respectively. .- Sam Chavez, City Planner, stated the request is for approval of an amendment to 456 acres of Planned Development 9 for the single family residential district. Mr. Chavez advised the subject site is a portion of the original 1,106 acre Dal-Mac Tract that was rezoned from Business Park District, Industrial District and the Multi-Family Residential District by the council of October, 1994. This request only pertains to residential tracts of the current PD and surrounds a future LISD school site and city park site. Mr. Chavez said the development will be a Master Planned Community with amenities such as landscaped boulevards, park trails and pedestrian walk system throughout the community to connect recreational amenity centers and striking entry features to provide a consistent image and theme throughout the community. Although the request provides for smaller lot and house sizes, the total number of lots has been reduced from 1932 in the current zoning to 1756 with this request. ' At this time, Mr. Doug Gilliland, president of Tri-West, a residential land development company, introduced himself and Karen Porter, Terry Mitchell and David Hollander with Carter and Burgess and Mr. Ross Calhoun with Tri-West. Mr. Gilliland, using slides of other communities, showed how the propose_d development might appear. He said his company knows how important this land is to The Colony, since it is an entryway into the city. Karen Porter also used slides to show the four produ.cts that will be available in this development. She described the two school sites and park site in the middle of the development, which is planned to be a series of villages. She continued, stating there will be a series of private and public amenities, 3 private parks (maintained by the homeowners' association) and a 15 acre public park, which Tri-West will work with the city to develop. Mr. Gilliland said regardless of the price range of the homes, each area will have the same amenities and they will all have the same restrictions. Mayor Manning stated that another developer had requested smaller homes, but at the insistence of council had to build a minimum of 1500 square foot. Going on, the Mayor said this plan calls for 1100 and 1300 square foot homes. Mr. Gilliland said they have done extensive market research and there is a need for them in The Colony, although he suspects very few will be built at the minimum. He said they want to provide something for every life style need. Councilman Longo said the people want that area upgraded and it won't happen if 1100 square foot homes are built. He also asked who is going to pay for (the extension of) Momingstar. Mr. Gilliland advised Tri-West will develop in phases and will build Momingstar as it is needed/ The city will not be asked to build it. Councilman Longo expressed concem regarding the proposed two lane road. Councilman Stanwick discuss'ed the average size of the "Today" homes in that area. Councilman Watts asked for clarification regarding Momingstar. Mr. Gilliland said in phase 1 two lanes will be built from 121 to the existing roadway (Momingstar), with 80' right-of-way from that point to Memorial Drive and 120' right-of-way from Memorial to 121. Member Hubbard stated in reference to proposed fountains that it is not recommended they be placed in the middle of intersections. Mr. Gilliland said that is not a problem. Member Agnew expressed further concern with the 1100 square foot homes being 16 concentrated in one area. Mr. Gilliland said they can restrict the number to a certain percentage. Chairman Crocker said she remembered the smaller homes being on the perimeter of the entire area as a transition from the existing homes to the larger homes (to be built). Member Agnew asked ff there will be a mix of lot sizes in Parcel C, Tract 2 and Mr. Gilliland said .ttiey Would do that if Council and P&Z want them to. Chairman Crocker said she is concerned about the transition. Member Swerdloff said we should be comparing this development with Other new subdivisions, not with older homes, and asked Mr. Chavez about lot and house sizes in other areas. Mr. Chavez responded; Ridgepointe Phase 2, 5000-5500 minimum lot size, Cottonwood Springs, 6500 minimum lot size. Homes in both areas 1400-1600 or 1700 minimum. He advised a minimum is always established, but it seems the homes that are built are always larger. Councilman Avey requested a work session. P&Z members stated they had already had a work session and were ready to go forward in light of that session and staff comments. Mr. Gilliland reminded Councilman Avey that this is not the last meeting where this development will be discussed because there is still the platting process. He said they have met extensively with Mr. Chavez and will work with the city to be under construction in the spring. Councilman Longo also requested a work session. Member Agnew said with a percentage established for the smaller homes and mixed lot sizes he would be ready to make a recommendation to the council tonight. He suggested 5000 square foot minimum lot size and 1200 square foot minimum house size. Member Swerdloff suggested 1300-1400 square foot minimum. Further discussion regarding who will be paying for Morningstar, noting going from 4 lanes to 2 lanes may cause problems. Councilman Dillard said we have someone who wants to build and we have to weigh the needs of the citizens and the ability of the builder, who has said he will work on the house sizes. Councilman Dillard said we have seen too many (builders) leave. Councilman Kovatch asked if council is going to postpone their action. Councilman Stanwick said 1100 square foot is a minimum, they will not be in the first to be built and they will be a small percentage of the total homes in the area. He said he hates to drag this out for such a small percentage of the lots. Councilman Stanwick suggested having a work session later and if we need to then amend parcel C Tract 2, but to approve this tonight. Member Swerdloff reminded everyone that once the zoning is approved the builder can move forward with what is approved. Councilman Stanwick said he does not think we should hold up the whole development for a small percentage of lots. At this time, the floor was opened for public comments. Deana Kenaga, Sarasota Drive, stated she wants to see something like this in The Colony but she does not think the 1100 square foot homes will sell. Mike Lynch, 4921 Roberts said he likes the entrances, but opposes the 1100 square foot homes and the proposed berm. He suggested postponing until the questions can be answered. Jorge Diaz, 5809 Carroll, expressed concem for increased traffic on Paige Road. Councilman Avey said their minimum square footage and minimum lot sizes varies from our standards and asked that P&Z keep that in mind. Mr. Gilliland said in a P.D. the sizes can vary. Councilman Avey asked if there would be a signal light at Momingstar and 121 and Mr. Wilshire stated that is a State highway and he anticipates there will be a temporary signal installed when the two lane roadway is built out to four lanes. Councilman Avey expressed concern over the traffic at that intersection because of people coming from the area north of this 17 development. Mr. Wilshire said no one has the money to build the signal light until the traffic warrants it and there are specific traffic study warrants that have to take place before a signal can be placed there. He said the sequence of events is to (1) build the street (2) get people ~o use it (3) do the traffic warrants analysis and (4) build the signal (when warranted). Councilman Kovatch asked if they would go to 1500 square foot minimum and Mr. Gilliland saiit he prefers to stay at 1300 square foot. Mr. Gilliland reminded everyone that the existing zoning on this property calls for more lots than they are requesting and the reason they are varying the size is due to an in depth market research that indicates that 1900 lots should not be built all the same be.cause that does not meet the needs of the community. He continued stating there are different lifestyle needs and they have to be addressed, therefore, they have varied the lot and home size, building fewer homes and adding amenities. Councilman Watfs said she likes the transition concept, but not the little homes. She then asked .what happens to Memorial Drive east of the railroad. Mr. Smith advised it is still on Frisco's thoroughfare plan, but we -don't know the timing of possible construction. Mayor Manning asked who would pay for the road crossing the railroad when that happens. Kay Bedford, 5208 Hawse expressed concern regarding traffic on Paige Road. Mike Lynch, 4921 Roberts recommended requiring "gray water" lines for irrigation. Mayor Manning and Chairman Crocker closed the public hearings. 10. CONSIDERATION OF RECOMMENDATION TO THE CITY COUNCIL REGARDING A .REQUEST FOR A ZONING CHANGE ON PROPERTY CURRENTLY ZONED PLANNED DEVELOPMENT 9 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT BY AMENDING PLANNED DEVELOPMENT 9 FOR THE (SF) SINGLE FAMILY DISTRICT Mr. Chavez noted a correction on staff stipulation #7, which should read that the transfer density does not alter the location classification .... (page 5) Motion to approve subject to all staff stipulations and an additional stipulation of a nfinimal two lane road, Memorial to S. Colony, S. Colony to Paige, two lanes Morningstar to State Hwy 121 and an additional stipulation regarding Parcel C, Tract 2, nfinimum lot size increased to 4500 square foot, minimum home size to be 1300 square foot - Agnew Mr. 13illiland asked for clarification of the motion regarding the two lane road from Paige along Memorial to Momingstar. Member Agnew restated that he would like to see it in the fa'st phase. Mr. Gilliland said this is a platting issue not a zoning issue. Mr. Chavez agreed, but said that through zoning, safety issues can be addressed with regard to emergency access. He said the only way our fire apparatus to reach that area is down S. Colony Blvd. because Fire Station No. 1 is located at Blair Oaks and S. Colony Blvd. Mr. Gilliland said as they phase in this project, they fully intend to build their .share of these thoroughfares, but there is absolutely no way they can build anything except what they have proposed in phase, which is to build Momingstar from 121 to the existing road (to the north). Councilman Watts clarified that what appears to be a fire station on N. Colony Blvd. is no longer an active fire station. Mr. Gilliland 18 again stated they will build their share of the roads in phases. Motion amended to remove that portion that deals with the two lane roads as that is a platting issue - Agnew. Mr. Gilliland asked that the lot size stay at 4400 not 4500, stating that they can hgree to the 1300 minimum square foot home. Brief discussion regarding this request. Motion amended to remove the 4500 square foot lot,.but keep the nfinimmn 1360 square foot home - Agnew; second - Hubbard. Member Swerdloff expressed concern that now there could be 820 lots of 1300 square foot homes and stated he would prefer a cap on the minimum sized homes. Discussion followed. Motion carried with the following roll call vote: Aye - Agnew, Hubbard, Crocker No - Swerdloff, Anderson 11. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY GRANTING A CHANGE OF ZONING ON PROPERTY CURRENTLY ZONED ZONED PLANNED DEVELOPMENT 9 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT BY AMENDING PLANNED DEVELOPMENT 9 FOR THE (SF) SINGLE FAMILY DISTRICT Motion to postpone until a work session can be held - Longo; second - Dillard, carried with the following roll call vote: Ayes - Longo, Watts, Avey, Dillard, Kovatch, Manning No - Stanwick 12. CONSIDERATION OF RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST FOR APPROVAL OF A PRELIMINARY PLAT AS PRESENTED BY TRI-WEST ON PROPERTY LOCATED NORTH AND SOUTH OF SOUTH COLONY BOULEVARD BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD Discussion regarding Tri-West building Memorial Drive. Mr. Terry Mitchell addressed the public hearing, stating they cannot build Memorial Drive from Morningstar to Paige because financial arrangements have been made with the property owner of the property in the middle of this development. He said Tri-West has agreed to build Morningstar from existing road to State Hwy. 121. Motion to postpone until the next scheduled Plalmiug aud Zoning meeting - Hubbard; second - Agnew, carried with a unauimous roll call vote. 19 13. CONSIDERATION OF PRELIMINARY PLAT AS PRESENTED BY TRI-WEST ON PROPERTY LOCATED NORTH AND SOUTH OF SOUTH COLONY BOULEVARD BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD Following the Commission's motion to postpone their action on this item, the City Council did not take action regarding the request for approval of a preliminary plat on the above property, formally known as the IBM tract, lying east of Paige Road. 14. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ON APPLICATION OF H. BILLINGSLEY, CROW/BILLINGSLEY COMPANY, SEEKING TO ZONE THE BELOW DESCRIBED PROPERTY AS PLANNED DEVELOPMENT (PD) FOR THE (BP) BUSINESS PARK DISTRICT AND THE (MF-3) MULTI-FAMILY DISTRICT WITH A MAXIMUM DENSITY OF 24 DWELLING UNITS PER ACRE ' GENERALLY LOCATED SOUTH OF S.H. 121, NORTH OF F.M. 544, BOUNDED ON THE EAST BY THE TOWN OF HEBRON, THE BURLINGTON RAILROAD AND THE CITY OF PLANO, TO THE SOUTH BY THE TOWN OF HEBRON, TO THE WEST BY THE TOWN OF HEBRON AND THE CITY OF CARROLLTON AND TO TItE NORTH BY THE CITY OF THE COLON ¥ This public hearing is a time for the Council and the P&Z to received input from developers, staff and citizens regarding a request for zoning request on the above described property. ~ Mayor Manning and Chairman' Crocker opened the public hearings. Councilman Watts asked how we can be addressing zoning when the property is not yet in the city and Mr. Eckert explained that zoning and annexation can run concurrently, but the zoning cannot be acted upon until the annexation is passed. Mr. Don Blackwood addressed the council stating that the developer agrees with all staff stipulations. He advised that the Town of Hebron voted to disannex the property at their last meeting and the documents are forthcoming. Councilman Longo asked the impact on utilities and Mr. Blackwood advised there would be no additional impact than what is already planned. Mike Lynch, 4921 Roberts told Mr. Chavez that the 60/40 split needs to be written into the P.D. (ordinance). Mr. Chavez advised that in mid-February the developer would like to meet in a work session to present the Master Plan for the whole 1200 acre development and would like to combine all the P.D.s into one. With no further comments the public hearings were closed. 20 15. CONSIDERATION OF RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST FOR A ZONING CHANGE THE BELOW DESCRIBED PROPERTY AS PLANNED DEVELOPMENT (PD) FOR THE (BP) BUSINESS PARK DISTRICT AND THE (MF-3) MULTI-FAMILY DISTRICT WITH A MAXIMUM DENSITY OF 24 DWELLING UNITS PER ACRE GENERALLY LOCATED SOUTH OF S.H. 121, NORTH OF F.M. 544, BOUNDED ON THE EAST BY THE TOWN OF HEBRON, THE BURLINGTON RAILROAD AND THE CITY OF PLANO, TO THE SOUTH BY THE TOWN OF HEBRON, TO THE WEST BY THE TOWN OF HEBRON AND THE CITY OF CARROLLTON AND TO THE NORTH BY THE CITY OF THE COLONY The property owner has petitioned the city to annex the above described property. This request is to zone this 75 acres as the rest of the property owned by Mr. Billingsley in the same vicinity. The Commission may make a recommendation to the Council, however, no actic~n will be taken on the zoning request by the City Council until the annexation is completed. Mr. Chavez responded to a question regarding density by stating that this allows the applicant to use all other areas. It is calculated on gross less right-of-way. Motion to approve subject to all staff stipulations - Agnew; second - Swerdloff, carried with a unanimous roll call vote. With no further business to address, Chairman Crocker adjourned the Planning and Zoning Commission meeting at 12:27 a.m. 5. CONSIDERATION OF ACTION TO BE TAKEN AS A RESULT OF THE REPORT RECEIVED FROM WORTH BLAKE REGARDING THE ECONO.MIC DEVELOPMENT PLAN Mr. Blake presented an Economic Development Plan to the council on December 16, 1996. Council may take action at this time regarding recommendations from Mr. Blake. Councilman Stanwick requested a work session with the EDC before the plan is implemented to be sure everyone understands. Mayor Manning clarified that the Council is not prepared to hire an Economic Development Director but it can be addressed in the next budget process. Motion to approve the plan as presented - Kovatch; second - Stanwick, carried with the following roll call vote: Aye - Watts, Stanwick, Avey, Dillard, Kovatch, Manning No - Longo 6. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY,-TEXAS PROVIDING FOR A PUBLIC HEARING ON AMENDMENTS TO THE LAND USE 21 ASSUMPTIONS; AND CONSIDERATION OF AUTHORIZING HUNTER ASSOCIATES TO PROCEED WITH PREPARATION OF THE CAPITAL IMPROVEMENTS PLAN FOR USE IN ESTABLISHING IMPACT FEES FOR THE CITY OF THE COLONY The City Council was unable 'to act on the resolution adopting the Land Use Assumptions within the prescribed time frame, therefore, it is necessary to re-advertise and hold another public hearing. At this time, the council is being requested to authorize the advertisement for another public hearing, and to authorize the engineers to move ahead with the preparation of the Capital Improvements Plan for the establishment of Impact Fees. Councilman Avey asked what the Capital Improvement Plan entails and Mr. Smith explained that if the council will give the indication (tonight) that they are going to approve Land Use Assumptions, then Mr. Hal Jones can move forward with the impact fees. He said this is imperative so we don't lose money on developments coming into the city. Councilman Avey said she does not want the Entertainment District to be shown in the Eastvale area. Motion to approve the resolution and to authorize Hunter Associates to proceed with Capital Improvements Plan for Impact Fees - Kovatch; second - Dillard, carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 14, PARKS AND RECREATION BY PROVIDING FOR THE CERTIFICATION OF YOUTH SPORT COACHES This ordinance is being requested by the Parks & Recreation Director in an effort to improve the quality of the sports experience by providing the youth with coaches who have received training. The request has been reviewed by the city attorney and the ordinance has been prepared by the city attorney, who recommends approval along with staff and the Parks and Recreation Board. Motion to approve the ordinance as written - Longo; second - Watts carried with a unanimous roll call vote. 4. CONSIDERATION OF A LEASE AGREEMENT WITH PRIMECO PERSONAL COMMUNICATIONS, LP, FOR PLACEMENT OF A TELECOMMUNICATIONS ANTENNA ON THE WATER TOWER ON CLOVER VALLEY The council previously aPproved a Specific Use Permit for the placement of this antenna on the water tower on Clover Valley Drive. At this time, the council will consider the lease agreement for the use of the water tower for this purpose. Councilman Avey said she doesn't see a way for the city to get out of this agreement. Mr. Eckert stated that section 11 provides remedies for the city in case of default. Mr. Smith advised that John Hill has revised this agreement several times. 22 Motion to approve the agreement as written - Stanwick; second - Dillard carried with a unanimous roll call vote. 17. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JANUARY 6 AND 13, 1997 Council meeting minutes have been prepared for the council review and approval. Motion to approve the minutes as written - Stanwick; second - Kovatch, ca~ied with a unanimous roll call vote. Councilman Longo requested that verbatim transcript of the minutes of the January 6, 1997, meeting be done as soon as possible. 8. CONSIDERATION OF APPROVAL OF A PRELIMINARY PLAT FOR THE CYPRESS COVE ADDITION, LOCATED NORTH OF N. COLONY BOULEVARD AND WEST OF ETHERIDGE DRIVE The above plat is presented by Stewart Peninsula Development Partners. Approval is recommended by staff and Planning and Zoning. Motion to approve the preliminary plat as presented - Stanwick; second - Dillard. Councilman Avey said she does not think the council should overlook the cul-de-sac as the staff stipulations recommend. Mr. Truman Edminster clarified their request. Councilman Avey asked that the motion be amended to leave out the cul-de-sac (request). Brief discussion followed. Motion amended to include al:, staff and P&Z stipulations - Stanwick; second - Dillard, carried with the following roll call vote: Aye - Longo, Watts, Stanwick, Dillard, Kovatch, Manning No - Avey 16. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION OF LUCILO A. PENA, BILLINGSLEY RESIDENTIAL, SEEKING A ZONING CHANGE ON THE BELOW DESCRIBED PROPERTY CURRENTLY ZONED PLANNED DEVELOPMENT 10 AND 12 FOR THE (BP) BUSINESS PARK DISTRICT AND THE (MF-2 AND MF-3) MULTI-FAMILY RESIDENTIAL DISTRICT TO 1.7 PARKING SPACES PER UNIT IN LIEU OF 2.0 PARKING SPACES PER' UNIT AND CONSIDERATION OF AN ORDINANCE GRANTING THE ZONING REQUEST GENERALLY LOCATED SOUTH OF S.H. 121, ON THE EAST AND WEST OF PLANO PARKWAY 23 This request has been withdrawn by the applicant. Mr. Chavez explained that the applicant did not appear before the P&Z public hearing, therefore, the P&Z denied the request. The request will probably be re-submitted at a later date. Mayor Manning opened and closed the public hearing. 18. CITY MANAGER AND STAFF REPORTS - None With no further business to address, Mayor Manning adjoumed the meeting at 12:50 a.m. APPROVED: · , William W. Manning, Mayor ~.. Barbara Crocker, Chairman Planning and Zoning Commission ATTEST: Patti. A. Hicks, TRMC, City Secretary 24