Minutes P&Z 11/19/1996 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING
TOWN COUNCIL MEETING/PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB, TEXAS
NOVEMBER 19, 1996
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing with the
Planning & Zoning Commission on Tuesday, November 19, 1996 at 7:00p.m. The meeting was
held within the boundaries of the Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Jim Carter Mayor
Doug Glaspell Mayor Pro Tem
Edwin "Ed" Decker Council Member
Susan H. McCabe Council Member
Edwin "Cotton" Moore Council Member
Marshall Engelbeck Council Member
PLANNING & ZONING COMMISSION MEMBERS PRESENT:
Mike Hamper
Chairman
Gene Hill
Commissioner
Clayton Reed
Commissioner
David Schaaf
Commissioner
Roger Williams
Commissioner
PLANNING & ZONING COMMISSION MEMBERS ABSENT:
Don Cotton Commissioner
STAFF AND GUESTS PRESENT:
John Hill
Donna Welsh
David Miller
Pauline Shaw
Bill LeGrand
Karen Sadri
Roger Unger
Dan Boutwell
Town Attorney
Town Manager
Chief of Police
Planning & Zoning Administrator
Director of Public Works
Town Secretary
M.U.D. District Manager
Town Planner
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Joint Public Hearing
Town Council Meeting/Plannning & Zoning Commission
November 19, 1996
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present. He then
welcomed Council Members, Planning & Zoning Commission Members, guests and staff.
INVOCATION:
Council Member Moore gave an Invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
The pledge of allegiance to the American Flag was led by Commissioner Hill and the pledge to
the Texas Flag was led by Commissioner Williams.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE
TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT
PUBLIC HEARING OF THE TOWN PLANNING AND ZONING COMMISSION AND
TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING CERTAIN
AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE RELATING TO
WIDTHS OF LOTS ADJACENT TO SIDE STREETS AND THE CONSTRUCTION OF
GARAGES; PROVIDING AN EFFECTIVE DATE:
Mayor Pro Tem Glaspell made a motion to call a Joint Public Hearing of the Town Council and
Planning and Zoning Commission. Council Member McCabe seconded; motion passed
unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING
WITH TOWN COUNCIL:
Commissioner Hill made a motion to open the Joint Public Hearing with the Town Council,
Commissioner Williams seconded; motion passed unanimously.
TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND
ZONING COMMISSION:
Mayor Pro Tem Glaspell made a motion to open the Joint Public Hearing with the Planning and
Zoning Commission. Council Member McCabe seconded; motion passed unanimously.
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Joint Public Hearing
Town Council Meeting/Planning & Zoning Commission
November 19, 1996
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE
PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE, BY: (1) ADDING A NEW PROVISION RELATING TO THE
WIDTH OF LOTS ADJACENT TO A SIDE STREET TO THE FOLLOWING
ZONING DISTRICTS: R-15 SINGLE FAMILY DISTRICT, R-12 SINGLE
FAMILY DISTRICT, R -I I SINGLE FAMILY DISTRICT, R-10 SINGLE
FAMILY DISTRICT, R-9 SINGLE FAMILY DISTRICT, R-8 SINGLE FAMILY
DISTRICT AND MH -HUD CODE MANUFACTURED HOME AND
INDUSTRIALIZED HOUSING DISTRICT, AND (2) AMENDING SECTION 35
(ACCESSORY STRUCTURES AND USES), PARAGRAPH G RELATING TO
DETACHED GARAGES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE:
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS GOVERNING
AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN
AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY
CLUB; PROVIDING DEFINITIONS; PROVIDING FOR PRELIMINARY AND
FINAL PLAT PROCEDURES; PRESCRIBING REGULATIONS FOR FILING
PLATS, SUBDIVISION CONSTRUCTION AND ISSUANCE OF BUILDING
PERMITS; PROVIDING FOR REGULATION OF BLOCKS, LOTS, STREETS,
UTILITY EASEMENTS, SIDEWALKS, WATER SUPPLY, STORM SEWERS
AND DRAINAGE, IN ACCORDANCE WITH THE TOWN'S DESIGN
STANDARDS FOR PAVING, DRAINAGE AND UTILITIES; PRESCRIBING
FEES TO BE CHARGED; ESTABLISHING JURISDICTION WITHIN THE
CORPORATE LIMITS OF THE TOWN AND WITH THE TOWN'S
EXTRATERRITORIAL JURISDICTION; REPEALING ANY PART OF ANY
ORDINANCE IN CONFLICT WITH THIS ORDINANCE; PROVIDING A
PROCEDURE FOR OBTAINING A VARIANCE FROM THESE
REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE; REPEALING ORDINANCE NO 91-03 OF THE
TOWN RELATING TO SUBDIVISION REGULATIONS; PROVIDING A
PENALTY NOT -TO -EXCEED THE SUM OF TWO THOUSAND($2,000.00)
DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
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Joint Public Hearing
Town Council Meeting/Planning & Zoning Commission
November 19, 1996
Mayor Carter turned the floor over to Town Planner, Dan Boutwell. Mr. Boutwell explained the
changes to Ordinance 94-09 which are;
A. 1. Extra depth and width to corner lots.
2. Detached garages will be allowed with these restrictions:
1. Must have 2car-plus attached garage.
2. Must be set back 45' from front property line:
3. Minimum interior dimension 10.5'X 22'.
4. Corner lot garages must face side street and be set back 35'.
There was no public input.
PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING
AND/OR CONTINUE TO A DATE CERTAIN:
Commissioner Reed made a motion to close Joint Public Hearing at 7:18p.m. , Commissioner
Williams seconded; motion passed unanimously.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE
TO A DATE CERTAIN:
Mayor Pro Tem Glaspell made a motion to close Joint Public Hearing. Council Member
McCabe seconded; motion passed unanimously.
TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO
A JOINT PUBLIC SESSION AND CONSIDER ADOPTING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 94-09, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, BY: (1)
ADDING A NEW PROVISION RELATING TO THE WIDTH
OF LOTS ADJACENT TO A SIDE STREET TO THE
FOLLOWING ZONING DISTRICTS: R-15 SINGLE FAMILY
DISTRICT, R-12 SINGLE FAMILY DISTRICT, R-11 SINGLE
FAMILY DISTRICT, R-10 SINGLE FAMILY DISTRICT, R-9
SINGLE FAMILY DISTRICT, R-8 SINGLE FAMILY
DISTRICT AND MH -HUD CODE MANUFACTURED HOME
AND INDUSTRIALIZED HOUSING DISTRICT, AND (2)
AMENDING SECTION 35 (ACCESSORY STRUCTURES AND
USES), PARAGRAPH G RELATING TO DETACHED
GARAGES;
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Town Council Meeting/Planning & Zoning Commission
November 19, 1996
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE
CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB;
PROVIDING DEFINITIONS; PROVIDING FOR
PRELIMINARY AND FINAL PLAT PROCEDURES;
PRESCRIBING REGULATIONS FOR FILING PLATS,
SUBDIVISION CONSTRUCTION AND ISSUANCE OF
BUILDING PERMITS; PROVIDING FOR REGULATION OF
BLOCKS, LOTS STREETS, UTILITY EASEMENTS,
SIDEWALKS, WATER SUPPLY, STORM SEWERS AND
DRAINAGE, IN ACCORDANCE WITH THE TOWN'S DESIGN
STANDARDS FOR PAVING, DRAINAGE AND UTILITIES;
PRESCRIBING FEES TO BE CHARGED; ESTABLISHING
JURISDICTION WITHIN THE CORPORATE LIMITS OF THE
TOWN AND WITH THE TOWN'S EXTRATERRITORIAL
JURISDICTION; REPEALING ANY PART OF ANY
ORDINANCE IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A PROCEDURE FOR OBTAINING A VARIANCE
FROM THESE REGULATIONS; PROVIDING FOR
ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE;
REPEALING ORDINANCE NO 91-03 OF THE TOWN
RELATING TO SUBDIVISION REGULATIONS; PROVIDING
A PENALTY NOT -TO -EXCEED THE SUM OF TWO
THOUSAND($2,000.00) DOLLARS FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING AN
EFFECTIVE DATE:
Chairman Hamper called for a motion on amending ordinance no. 94-09 by: (1)adding a new
provision relating to the width of lots adjacent to a side street to the following zoning districts:
R-15 single family district, R-12 single family district, R-11 single family district, R-10 single
family district, R-9 single family district, R-8 single family district and MH -HUD code
manufactured home and industrialized housing district, and (2)amending section 35 (accessory
structures and uses), paragraph G relating to detached garages; providing a severability clause;
providing a savings clause; providing an effective date.
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Town Council Meeting/ Planning & Zoning Commission
November 19, 1996
Commissioner Schaaf so moved. Commissioner Hill seconded; motion passed unanimously.
Chairman Hamper also called for a motion on: an ordinance of the Town of Trophy Club, Texas,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club; providing definitions; providing for preliminary and final
plat procedures; prescribing regulations for filing plats, subdivision construction and issuance of
building permits; providing for regulation of blocks, lots streets, utility easements, sidewalks,
water supply, storm sewers and drainage, in accordance with the town's design standards for
paving, drainage and utilities; prescribing fees to be charged; establishing jurisdiction within the
corporate limits of the town and with the town's extraterritorial jurisdiction; repealing any part of
any ordinance in conflict with this ordinance; providing a procedure for obtaining a variance
from these regulations; providing for enforcement; providing a severability clause; repealing
ordinance no. 91-03 of the town relating to subdivision regulations; providing a penalty not -to -
exceed the sum of two thou sand($2,000.00) dollars for each offense and a separate offense shall
be deemed committed each day during or on which a violation occurs or continues; providing an
effective date:
Commissioner Hill so moved, Commissioner Williams seconded, motion passed unanimously.
Council Member Engelbeck moved to amend the amended ordinance to read, under Section G,
Garage Requirements, number 6: Corner lots may have a garage facing a side street, providing it
is not a major street, if the garage is set back a minimum of 35feet ... etc. Council Member
Decker seconded.
During discussion it was ascertained that the correct verbiage would be a major collector street.
Mayor Carter suspended Council Member Engelbeck's motion to allow the Planning and Zoning
Commission to amend the wording of Section G, Garage Requirements, number 6 to read:
Corner lots may have a garage facing a side street, providing it is not a major collector street, .. .
etc. Commissioner Schaaf made a motion to accept the verbiage. Commissioner Hill seconded;
motion passed unanimously.
Council Member Engelbeck #moved to accept the amended ordinance with the amended
verbiage, Council Member Decker's second still stood, motion passed unanimously.
Mayor Carter asked Chairman Hamper to give a brief overview of the changes to the Sub -
Regulations. Chairman Hamper stated that the changes were to eliminate any not pertinent
information and update and clarify the remaining information. Town Planner Boutwell explained
that the new document was more user friendly, better designed to be an administrative document
and that it coordinated with the design standards but left the technical and engineering details
separated out.
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Joint Public Hearing
Town Council Meeting/ Planning & Zoning Commission
November 19, 1996
Following discussion, Council Member Decker moved to accept the ordinance providing the
verbiage and/or Certified Planner trained and experienced in subdivision design be removed
because the State of Texas does not recognize that position. Mayor Pro Tem Glaspell seconded
motion to amend verbiage; motion carried unanimously.
Following further discussion Council Member Decker moved to accept the ordinance as
amended. Mayor Pro Tem Glaspell seconded; motion as amended passed unanimously.
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION
WITH TOWN COUNCIL:
Commissioner Hill moved that the Planning and Zoning Commission adjourn the Joint Public
Session with the Town Council at 7:39 p.m. Commissioner Reed seconded; motion passed
unanimously.
TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING
AND ZONING COMMISSION:
Mayor Pro Tem Glaspell moved to adjourn the Joint Public Session with the Planning and
Zoning Commission. Council Member McCabe seconded; motion passed unanimously.
TOWN COUNCIL TO OPEN REGULAR SESSION:
Town Council opened regular session at 7:43 p.m.
CLOSED SESSION:
TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH
CHAPTER 551. GOVERNMENTAL CODE. VERNON'S TEXAS CODES, ANNOTATED
(OPEN MEETINGS LAW). SECTION 551.074 PERSONNEL.
A. TO CONSIDER AN APPOINTMENT TO THE PLANNING
AND ZONING COMMISSION.
B. TO CONSIDER THE APPOINTMENT OF A VICE-CHAIRMAN
TO THE PLANNING AND ZONING COMMISSION.
Town Council adjourned into Closed -door session at 7:49 p.m. Mayor Carter invited Planning
and Zoning Chairman, Mike Hamper, to attend and give recommendations for the two positions.
The Council then considered and discussed the four candidates interviewed for the Commission
appointment and Commissioner Hamper's suggestion for Vice -Chairman.
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Town Council Meeting/ Planning & Zoning Commission
November 19, 1996
RECONVENE INTO OPEN SESSION:
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY
ACTION REGARDING THE MATTERS DISCUSSED IN CLOSED -DOOR SESSION
PURSUANT TO AGENDA ITEMS A. AND B.
Town Council reconvened into open session at 8:27 p.m.
Council Member Moore moved to appoint Rick Gilliland to the position on the Planning and
Zoning Commission, seconded by Council Member Decker. Motion passed unanimously.
Mayor Pro Tem Glaspell moved to appoint Commissioner Gene Hill as Vice Chairman of the
Planning and Zoning Commission. Council Member McCabe seconded, the motion carried with
Mayor Pro Tem Glaspell and Council Member's Moore, McCabe and Engelbeck in favor and
Council Member Decker opposed.
At this time Mayor Carter and the Council stated their encouragement to consider the candidates
not chosen for the Planning and Zoning Commission for the Zoning Board of Adjustments and
any other Town committees. Gregg Herr, Kay Pratt and Scott Spence all demonstrated a strong
desire to volunteer and contribute during the Town's growth.
STAFF AND COMMITTEE REPORTS:
Planning and Zoning Administrator Shaw reported that the Planning and Zoning Commission
would be addressing one of Council Member Decker's concerns regarding exposed concrete
other than streets during their regular scheduled meeting on Thursday, November 21, 1996. She
also stated that the Planning and Zoning Commission were still reviewing the Town Design
Standards, and they would be adding the p.s.i. for concrete to four thousand.
Director of Public Works, Bill LeGrand reported that the Christmas decorations would be going
up Monday, November 25, 1996.
Chief of Police, David Miller, reported that the Grant Officers hired on October 1, 1996 allowed
the department to place Officer Tessa Coder in a Community Service Position as a D.A.R.E.
Officer. She is currently in D.A.R.E. school and graduates Friday, November 22, 1996. Chief
Miller publicly praised his officers for the jobs they have done. The crime rate is down a little
more than 5% in 1995 from 1994, and he thanked the Council for their support.
Chief Miller also reported that the interior of the Police Building is 85-90% complete. He
expects to be in the building in mid-December.
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Town Council Meeting/ Planning & Zoning Commission
November 19, 1996
Town Secretary, Karen Sadri reported that the Finance Committee meets Wednesday, November
20, 1996. The Economic Development Corporation had its first meeting on November 11, 1996
and appointed for President, Robert Burns, for Vice President, Terry Christlieb, for Secretary,
Dan Heath and for Treasurer, David Garlitz.
TOWN COUNCIL TO CONSIDER ADOPTING A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE ENTRY
BY THE TOWN INTO A PARTICIPATION AGREEMENT FOR INVESTMENT OF
THE TOWN'S FUNDS IN "TEXPOOL," A PUBLIC FUNDS INVESTMENT POOL;
PROVIDING AN EFFECTIVE DATE:
Following discussion, Mayor Pro Tern Glaspell moved to approve the Town's participation with
Texpool under the Texas Comptroller's office. Council Member Moore seconded; motion passed
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
THE PRESENTATION BY MR. BILL ROSE OF 219 INVERNESS DRIVE OF THE
RESULTS OF THE TRAFFIC STUDY PERFORMED BY TROPHY CLUB POLICE
DEPARTMENT AND MR. BILL ROSE. (COUNCIL MEMBER DECKER):
Police Chief David Miller reported that the traffic studies performed on Inverness Drive do not
indicate an absolute need to lower the speed limit. Three(3) traffic studies were conducted, two
with marked patrol units and one with a personal vehicle of one of the Town's police officers.
They conducted the studies at peak traffic times in fair weather.
The state requires the use of the 85th percentile rate of speed to lower speed limits. The 85th
percentile for the three studies were as follows; study #1- 31 m.p.h., study #2-30 m.p.h., study
#3-20 m.p.h. In following with the state requirements to use the 85th percentile, the 85th
percentile does not dictate the necessity to lower the speed limit on Inverness Drive. Chief Miller
sent these findings to Mr. David Brill. Mr. Brill is with the Institute of Police Technology and
Management, in Jacksonville, Florida, he is considered an expert in the field of traffic studies and
traffic surveys. Mr. Brill found that all the figures submitted were accurate and did not
necessitate lowering the speed limit to 25 m.p.h. on Inverness Drive. Based on these results Chief
Miller- conveyed that it was Council's option to lower the speed limit at this time.
Following a lengthy discussion, in which Council Member Decker strongly expressed his
opinion concerning the need to lower the speed limit in Town to 25 m.p.h., a general consensus
indicated reconsidering this issue, after Town Attorney, John Hill checks the State statute for
guidelines.
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Town Council Meeting/ Planning & Zoning Commission
November 19, 1996
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING:
PUBLIC SAFETY COMMITTEE MEMBERSHIP:
They removed this item from the Council agenda.
CONSENT AGENDA:
Council Member Decker asked to remove Item A from Consent Agenda.
Council Member McCabe moved to accept the rest of the items as presented, Council Member
Moore seconded. Motion passed unanimously.
Council Member Engelbeck made a motion to amend the Minutes of 9/17/96, Page 7,
PRESENTATIONS BY COUNCIL, paragraph 3, to read: Council Member Engelbeck then
recommended that Council Member Decker work with the Committee Chairmen for long range
strategy etc. Council Member Decker seconded, motion passed unanimously.
The approved items are as follows:
A. Minutes of regular Town Council Meeting 9/17/96.
B. Minutes of special Town Council Meeting 9/21/96.
C. Minutes of regular Town Council Meeting 10/15/96.
D. Financial statement's period ending 10/31/96.
PRESENTATIONS BY COUNCIL:
Council Member Engelbeck would like to recommend that Council Member Decker come up
with a process to implement a planning process, so the needs' assessment and all other resource
requirement projections are integrated into a Town planning, programming and budgeting
process.
Council Member Moore did not feel that Council Member Decker should hold that position.
Council member Engelbeck explained that all he wanted Council Member Decker to come up
with the PROCESS only, not make the decisions.
Council Member Decker stated,is not interested in taking on this project anyway.
Mayor Pro Tem Glaspell commented on C. Boedecker's letter regarding Vehicle and Pedestrian
Safety. It brought up some excellent points and he feels it needs discussion and investigating and
would like it on the next agenda.
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Town Council Meeting/ Planning & Zoning Commission
November 19, 1996
Council Member Moore expressed his concern to the confusion surrounding the primary streets,
i.e., Trophy Club Drive, Indian Creek Drive and Trophy Wood Drive, are these two-lane streets
in each direction or one -lane in each direction. Pauline Shaw explained that those streets are
four -lane and have always been and that until they are properly striped the Police department
cannot enforce the laws concerning this and that the striping process is underway at this time.
Mayor Pro Tem Glaspell responded to this by reminding the Council that parking is allowed on
some of the main thoroughfares and that there is no pedestrian zone in the school zone. He felt
that the striping should be stopped until further clarification has been reached.
Mayor Carter reminded everyone that the Trophy Club Tree Lighting ceremony will be
December 2, 1996 at 6:30 p.m. Following discussion it was ascertained the next Town Council
meeting will be held December 17, 1996 instead of December 3, 1996.
ADJOURN:
Mayor Pro Tern moved to adjourn the meeting at 9:40 p.m. Council Member Decker seconded,
motion passed unanimously.
Mayor
Town Secretary
Planning & Zoning Commision Chairman
Planning & Zoning Commission Administrator