Minutes P&Z 04/15/1997 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING
TOWN COUNCIL MEETING/PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB, TEXAS
APRIL 15, 1997
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, April 15, 1997 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 Tern
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
Roger Williams Commissioner
Rick Gilliland Commissioner
PLANNING & ZONING COMMISSION MEMBERS ABSENT:
Don Cotton Commissioner
David Schaaf Commissioner
STAFF AND GUESTS PRESENT:
Hardy Thompson
Donna Welsh
David Miller
Pauline Shaw
Bill LeGrand
Karen Sadri
Dan Boutwell
Ed Brock
Hap Baggett
Town Attorney
Town Manager
Chief of Police
Planning & Zoning Administrator
Director of Public Works
Town Secretary
Town Planner
Laidlaw Waste Systems, Inc.
Synergy Properties, Inc.
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STAFF AND GUESTS PRESENT: (cont.)
Kevin Carr
Dawn Seay
Bill Rose
Riley Mills
Candidate for Town Council
Candidate for Town Council
Candidate for Town Council
Candidate for Town Council
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Carter called the meeting to order at 7:03 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 pledges were led by Commissioner Gilliland.
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:
(I) AMENDMENTS TO THE TOWN'S COMPREHENSIVE PLAN,
(II) AMENDMENTS TO THE TOWN'S COMPREHENSIVE ZONING
ORDINANCE, AND
(III) CONSIDERATION OF A SITE PLAN FOR ONE TRACT OF
LAND;
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.
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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.
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 THE
TOWN'S COMPREHENSIVE LAND USE PLAN ADOPTED BY ORDINANCE NO.
92-17 IN ITS ENTIRETY BY ADOPTING THE COMPREHENSIVE PLAN
ATTACHED HERETO; DETERMINING THAT IT IS IN THE PUBLIC INTEREST,
HEALTH, SAFETY AND GENERAL WELFARE TO ADOPT THE SAID
COMPREHENSIVE PLAN; REPEALING ANY ORDINANCE IN CONFLICT WITH
THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING AND
EFFECTIVE DATE.
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE, BY INCREASING FROM 20 FEET TO 28 FEET THE MAXIMUM
HEIGHT RESTRICTION FOR BUILDINGS OR STRUCTURES ADJOINING A
RESIDENTIAL DISTRICT IN THE NS NEIGHBORHOOD SERVICE, CG
COMMERCIAL GENERAL, AND PO PROFESSIONAL OFFICE ZONING
DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
PLANNED DEVELOPMENT SITE PLAN FOR LOT 1, THE VILLAGE AT TROPHY
CLUB, FOR RETAIL/COMMERCIAL USES; PROVIDING THAT THE SITE PLAN
SHALL BECOME PART OF THE PLANNED DEVELOPMENT ZONING
ORDINANCE FOR THE VILLAGE AT TROPHY CLUB; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
Mayor Carter turned the floor over to Town Planner, Dan Boutwell.
Mike Hamper, Chairman of the Planning & Zoning Commission, asked to make a few comments
before Mr. Boutwell took the floor.
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Mr. Hamper commended Mr. Boutwell and the staff on all their hard work in the preparation of
the Comprehensive Plan.
A. Mr. Boutwell presented an overview of the updated Plan. Mr. Boutwell explained some
of the changes, such as; the goals and objectives were reformatted and the thoroughfare plan
refined. Mr. Boutwell stated that the Planned Development still remained at 3 units per acre, no
new commercial sites were added, in fact the northern commercial section was dropped and no
high density or moderate density housing was included on the map. Mr. Boutwell, explained that
a new section of the Plan is for park development and plans. The Plan also includes a plan for
the future municipality growth.
Questions and discussion by the Council and Planning and Zoning Commission followed this
item.
B. Mr. Hamper explained the increase in height form 20' to 28' is to be more compatible
with the 35' residential height restriction. This also keeps the air conditioning units from being
outside on the roof. Mr. Hamper added this ordinance is for straight zoning and not for a
Planned Development.
Questions and discussion by the Council and Planning and Zoning Commission followed this
item.
C. Mr. Boutwell explained that the site plan complies with the Planned Development design
standards. Mr. Hamper discussed the architectural amenities and stated the buildings would be
100% masonry.
Mr. Hap Baggett, the developer, gave an overview of the plans for the site.
Questions and discussion by the Council and Planning and Zoning Commission followed this
item.
Mayor Carter asked for residents' opinions' and comments.
Kevin Carr, 15 Edgemere, addressed the Comprehensive Land Use Plan. Mr. Carr feels the Plan
needs to go back to P&Z, because it has too many errors. It does not address the lack of parks.
Mr. Carr feels the residents need more input into the Plan.
Dawn Seay, 535 Timberlake Dr., feels that the lack of active parks is the most immediate issue to
be addressed. Ms. Seay feels the residents need more input into the Plan.
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Billy Hughes, 216 Inverness, would like to use a local ratio to figure park space instead of the
national ratio.
Roy Gammon, 1110 Sunset Dr., addressed the site plan for The Villages. Mr. Gammon is
concerned the process is being allowed to continue with out completing/satisfying prior
standards or commitments. Mr. Gammon is also concerned that he can see the buildings from
both his front and back porches.
Billy Hughes, 216 Inverness, addressed the site plan also. Mr Hughes asked more specific
questions of, the developer, Mr. Hap Baggett.
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. Commissioner Williams
seconded; motion passed unanimously.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE
TO A DATE CERTAIN:
Council Member Decker made a motion to close the 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
THE TOWN'S COMPREHENSIVE LAND USE PLAN ADOPTED BY
ORDINANCE NO. 92-17 IN ITS ENTIRETY BY ADOPTING THE
COMPREHENSIVE PLAN ATTACHED HERETO; DETERMINING THAT IT IS
IN THE PUBLIC INTEREST, HEALTH, SAFETY AND GENERAL WELFARE
TO ADOPT THE SAID COMPREHENSIVE PLAN; REPEALING ANY
ORDINANCE IN CONFLICT WITH THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
Mr. Wayne Frena, 5 Paint Rock Ct., strongly expressed his concerns that the golf course was
being factored in as part of the park area in the Comprehensive Land Use Plan. He also
expressed his dissatisfaction with, what he feels, is the confusing language used in the
Comprehensive Land Use Plan and would like to see it cleaned up to reflect the Councils' intent.
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Mayor Carter reiterated that the Golf Course is not considered as any part of the park land in the
Comprehensive Land Use Plan, it remains for only private use.
Following comments and discussion by the Town Council and Planning and Zoning
Commission, Commissioner Hill moved that the Planning and Zoning Commission recommend
the Town Council adopt an ordinance of the Town of Trophy Club, Texas amending the Town's
Comprehensive Land Use Plan adopted by Ordinance No. 92-17 in its entirety by adopting the
comprehensive plan attached hereto; determining that it is in the public interest, health, safety
and general welfare to adopt the said comprehensive plan; repealing any ordinance in conflict
with this ordinance; providing a savings clause; providing and effective date. Commissioner
Reed seconded; motion passed unanimously.
Council Member Decker then moved to adopt an ordinance of the Town of Trophy Club, Texas
amending the Town's Comprehensive Land Use Plan adopted by Ordinance No. 92-17 in its
entirety by adopting the comprehensive plan attached hereto; determining that it is in the public
interest, health, safety and general welfare to adopt the said comprehensive plan; repealing any
ordinance in conflict with this ordinance; providing a savings clause; providing and effective
date. Council Member Moore seconded; motion passed unanimously.
B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE, BY INCREASING FROM 20 FEET TO 28 FEET THE MAXIMUM
HEIGHT RESTRICTION FOR BUILDINGS OR STRUCTURES ADJOINING A
RESIDENTIAL DISTRICT IN THE NS NEIGHBORHOOD SERVICE, CG
COMMERCIAL GENERAL, AND PO PROFESSIONAL OFFICE ZONING
DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
Commissioner Hill moved that the Planning and Zoning Commission recommend the Town
Council adopt an ordinance of the Town of Trophy Club, Texas amending Ordinance No. 94-09,
the same being the Comprehensive Zoning Ordinance, by increasing from 20 feet to 28 feet the
maximum height restriction for buildings or structures adjoining a residential district in the NS
Neighborhood Service, CG Commercial General, and PO Professional Office zoning districts;
providing a severability clause; providing a savings clause; providing an effective date.
Commissioner Williams seconded; motion passed unanimously.
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Council Member Moore moved to adopt an ordinance of the Town of Trophy Club, Texas
amending Ordinance No. 94-09, the same being the Comprehensive Zoning Ordinance, by
increasing from 20 feet to 28 feet the maximum height restriction for buildings or structures
adjoining a residential district in the NS Neighborhood Service,CG Commercial General, and PO
Professional Office zoning districts; providing a severability clause; providing a savings clause;
providing an effective date. Mayor Pro Tem Glaspell seconded; motion passed with Council
Members Decker, McCabe, Moore and Glaspell voting for and Council Member Engelbeck
opposed.
C. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
PLANNED DEVELOPMENT SITE PLAN FOR LOT 1, THE VILLAGE AT
TROPHY CLUB, FOR RETAIL/COMMERCIAL USES; PROVIDING THAT
THE SITE PLAN SHALL BECOME PART OF THE PLANNED
DEVELOPMENT ZONING ORDINANCE FOR THE VILLAGE AT TROPHY
CLUB; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
Commissioner Williams moved to recommend to the Town Council to adopt an ordinance of the
Town of Trophy Club, Texas approving a planned development site plan for lot 1, The Village at
Trophy Club, for retail/commercial uses; providing that the site plan shall become part of the
Planned Development zoning ordinance for The Village at Trophy Club; providing a savings
clause; providing a severability clause; providing an effective date. Commissioner Gilliland
seconded: motion passed unanimously.
Council Member Decker moved to adopt an ordinance of the Town of Trophy Club, Texas
approving a planned development site plan for lot 1, The Village at Trophy Club, for
retail/commercial uses; providing that the site plan shall become part of the Planned
Development zoning ordinance for The Village at Trophy Club; providing a savings clause;
providing a severability clause; providing an effective date. Council Member McCabe seconded;
motion passed with Council Members Decker, McCabe, Moore and Glaspell voting for and
Council Member Engelbeck opposed.
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION
WITH TOWN COUNCIL:
Commissioner Reed moved that the Planning and Zoning Commission adjourn the Joint Public
Session with the Town Council at 9:04 p.m. Commissioner Williams seconded; motion passed
unanimously.
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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 Engelbeek seconded; motion passed unanimously.
TOWN COUNCIL TO OPEN REGULAR SESSION:
Town Council opened regular session at 9:19 p.m.
*PRESENTATIONS BY CITIZENS*
Roy Gammon, 1110 Sunset Dr., spoke to the Council and feels his fencing issue has not been
addressed to his satisfaction. He addressed an incident that happened at his home in Oct.'96, and
felt it was handled poorly, the lack of follow up is a serious problem and should be looked into.
Wayne Frena, 5 Paint Rock, also addressed this incident as a witness.
Following discussion, Council made recommendations to the staff for possible solutions to Mr.
Gammons concerns, which included suggesting Mr. Gammon meet with Chief Miller, Town
Manager Donna Welsh and Planning and Zoning Administrator Pauline Shaw. Mr. Gammon
specifically asked for a Council Member to be present. Council Member Glaspell volunteered to
attend this meeting. This item will then be addressed at the May 20, 1997 Council meeting.
Wally Funk and Lou Anne Gibson, 243 Oak Hill Dr., addressed the residence at 241 Oak Hill
Dr. and wanted to know status of the removal of it. Ms. Funk and Ms. Gibson expressed their
concerns about the decline in property values in that immediate vicinity due to this property.
Joe Judy, 231 Oak Hill Dr., addressed the stability of the Oak Hill. Mr. Judy also wanted to
know when the residence at 241 Oak Hill would be removed and the problems related to that
issue would be addressed.
Smokey Walsh, 239 Oak Hill Dr., wants to know when the residence at 241 Oak Hill is going to
be removed. She also feels the hill is pulling her house down and would like the Town to
address this and possibly help correct it.
Gary Tomlin, resident, 208 Fresh Meadow, addressed his concerns about the lack of inviting
public involvement in community issues by the Town. He feels that the committees influence is
being diluted within the structure of the Town decision making process.
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Dan Hill, 235 Oak Hill Dr., addressed the residence at 241 Oak Hill Dr. as being in need of
immediate attention. He would also like to see the residence next door to be saved.
Town Manager Welsh acknowledged the residents concerns about the house at 241 Oak. Hill Dr.
and explained that there were no records available for that home because it was built in 1983.
There was a meeting held very recently with the Town, the homeowners and other interested
parties. The home will be taken down soon.
STAFF AND COMMITTEE REPORTS:
David Miller, DPS Director, reported to the Council on the results of Race Day Traffic. Chief
Miller reported that only $1500.00 had been spent to date, not the expected $4000.00 and
Westlake would be billed for their portion. Chief Miller expressed his appreciation for a great
community effort and support of the residents and volunteers. Chief Miller reported that only
one major incident occurred.
William LeGrand, Director of Public Works, reported to the Council on the construction of the
intersection of Indian Creek Dr. and Trophy Wood Dr. and that each of the residents involved
have been contacted concerning this construction. Mr. LeGrand also reported on the drainage
problem on Chisos Dr.
Karen Sadri, Town Secretary, reported on the early voting dates.
Pauline Shaw, Planning and Zoning Administrator, reported on the status of annexing two pieces
of land and the rezoning of these pieces of land, the preliminary plat for "The Plaza" and going to
look at the two new school sites.
Donna Welsh, Town Manager, reported to the Council that she spoke at the Commissioner's
Court regarding the communication tower she asked the Sheriff's Department to relocate it from
the site they are currently considering because it backs up to a residential area of Trophy Club.
She also reported on a letter sent to TXDOT regarding Trophy Club Dr. Also, the purchase of
Harron Cable by Marcus Cable will be on the next agenda for Council approval of any franchises
changes.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING AND
APPROVING A CONTRACT BETWEEN THE TOWN AND LAIDLAW WASTE
SYSTEM INC. FOR WASTE COLLECTION; AUTHORIZING THE MAYOR TO
EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE:
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William LeGrand, Director of Public Works, explained that the changes requested by the Town
Attorney had been made except for two that did not pertain to the Town of Trophy Club. He then
introduced Mr. Ed Brock of Laidlaw Waste Systems, Inc.
Mr. Brock, explained the changes and answered questions from the Council.
Following discussion, Council Member Decker moved to award the contract to Laidlaw, with
minor language changes. Council Member Engelbeck seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING AND
APPROVING A CONTRACT BETWEEN THE TOWN AND SUTTON AND
ASSOCIATES FOR STREET REPAIR; AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACT; PROVIDING AN EFFECTIVE DATE:
Mayor Carter explained the Council were polled by phone to approve the contract due to the
urgency of the situation.
William LeGrand, Director of Public Works, explained there were three areas of leakages and all
were corrected at the cost of $26,000, to be split equally between the Town and MUD'S.
Council Member McCabe moved to adopt a resolution of the Town Council of the Town of
Trophy Club, Texas accepting and approving a contract between the Town and Sutton and
Associates for street repair; authorizing the Mayor to execute the contract; providing an effective
date. Council Member Glaspell seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING:
A REQUEST FROM MR. RANDALL KINNEY, 4 GLENDALE COURT, FOR AN
EXCEPTION TO THE FENCE ORDINANCE WITH REGARD TO THE FINISHED
SIDE FACING OUTWARD ON ALL SIDES:
Council member Decker moved to deny Mr. Kinesy's request for a fence variance. Council
Member Glaspell seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING:
ACCEPTING A PETITION FOR ANNEXATION OF TWO(2) PARCELS OF LAND
INTO THE TOWN OF TROPHY CLUB:
Council Member McCabe moved to accept a petition for annexation of two(2) parcels of land
into the Town of Trophy Club. Council Member Engelbeck seconded; motion passed unanimously.
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TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING:
APPOINTMENT OF THE FOLLOWING TO THE FINANCE COMMITTEE: MARK
BECKWITH, KAY PRATT, DAVE ROBISON:
Council Member Engelbeck addressed the Council concerning these appointments. He
explained the process and recommended the Council appoint these citizens to the Finance
Committee.
Following comments from the Council, Council Member Engelbeck moved to accept
appointments. Council Member McCabe seconded; motion passed unanimously.
Mayor Carter polled the Council to continue past 11:00 p.m. Council approved.
CONSENT AGENDA:
ALL MATTERS LISTED UNDER AGENDA ITEM 22, CONSENT AGENDA, ARE
CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE
ENACTED BY ON MOTION. THERE WILL NOT BE A SEPARATE DISCUSSION
OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY:
A. MINUTES OF REGULAR TOWN COUNCIL
MEETING 03/18/97.
B. FINANCIAL STATEMENTS PERIOD ENDING 03/31/96.
Council Member Moore moved to accept the consent items. Council Member Decker seconded;
motion passed unanimously.
PRESENTATIONS BY COUNCIL:
Council Member McCabe asked for the record to note certain rumors are circulating and the
specific rumor she would like to address is that Council Member McCabe and another person
have accepted land in Roanoke from developer Hap Baggett, with the implied consideration that
it bought off her vote for a certain development project. She feels very strongly about her
integrity, ethics and morals.
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Council Member McCabe said " The rumor is blatantly false. No one can buy my vote, it is not
even out there for consideration. I take my job seriously, I was elected by the people here to
represent the people, I try do the best job that I can do. I wish the individuals who are A. Passing
the rumor around, feel free to call me, I'll be more than happy to talk to you. 2. If they would
spend that energy working for things that are needed here in the Town, I would appreciate that,
because we have a lot ahead of us. And I just wanted to pass on to Council, you may hear this if
you haven't already heard this. It is false and it is wrong. And I wanted just to let everyone know
residents alike."
Concerning the subject of current rumors, Mayor Carter said " Rumors can cerainly get out of
hand. One has been circulating that I am on the Board of Directors for Ross Perot's company.
have never been on the Board for Mr. Perot's companies."
ADJOURN:
Council Member Moore moved to adjourn at 11:10 p.m. Council Member Decker seconded;
motion passed unanimously.
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