THE FLOWER MOUND TOWN COUNCIL MEETING HELD ON THE 3RD DAY OF MAY 2004 IN THE FLOWER MOUND TOWN HALL, LOCATED AT 2121 CROSS TIMBERS ROAD IN THE TOWN OF FLOWER MOUND, COUNTY OF DENTON, TEXAS AT 6:00 P.M.
The Town Council met in a regular session with the following members present:
Lori DeLuca Mayor
Stephani Spruill Mayor Pro Tem
Jim Cook Councilmember, Place 2
Tim Trotter Councilmember, Place 3
Cindy Travis Councilmember, Place 4
Sydney Bentz Councilmember, Place 5
constituting a quorum with the following members of the Town Staff participating:
Van James Town Manager
Paula Lawrence Town Secretary
Terry Welch Town Attorney
Robert Brown Town Attorney
Harlan Jefferson Deputy Town Manager/Chief Financial Officer
Kenny Brooker Police Chief
Mike Boles Town Engineer
Tracy Knierim Executive Director of Administrative Services
Julie Smith Executive Director of Development and Environmental Services
Kevin Lahner Assistant to the Town Manager
A. CALL TO ORDER
Mayor DeLuca called this portion of the meeting to order at 6:10 p.m.
"Ladies and gentlemen, thank you for being here this evening. My name is Stephani Spruill. I am the Mayor Pro Tem and I will facilitate the meeting this evening. Some of you that are here more often may know that our Mayor has a chronic case of laryngitis, and so I will be doing some of the facilitating. And before we have Citizens Participation, if you would indulge me just for a moment, I would like to make a statement. I'd like to comment that there's been a tremendous amount of misinformation and distortion of the facts during this campaign season. I want to take this opportunity to let you hear the facts from me and let you know I am always able, always available to answer your questions or to discuss it further. I will strongly defend myself, and I am able to back it up with facts and documentation. First, nearly 20 years ago I made a mistake with income that I handled for a company. I informed my employer and took all responsibility. The case was complete resolved to all parties' satisfaction. It was promptly dismissed by the court. I have never been convicted of any crime. In the newspapers my situation has been incorrectly compared to that of another previous Councilmember. That Councilmember did not receive deferred adjudication. He was convicted of assaulting his wife while he was on the Council. He appealed and he was convicted again. He was in violation of our Town Charter. Once again, I have never been convicted of any crime. My case was deferred and dismissed. I am in complete compliance with the Town Charter and with all state laws to serve on the Town Council and as your Mayor. There has been no double standard. I have never hidden my past. In fact, I have used it to teach my children the importance of decisions one makes at any age. When I became interested in running for Council, I candidly discussed my past and was correctly informed that there was nothing to hinder me from serving as your elected official. In addition, the press recently ran an article falsely stating that I owed child support. Many of you know my children because they lived in Flower Mound for years. This issue concerns a time a number of years ago when my children lived with us here in our home in Flower Mound, and attended Flower Mound schools. This issue was merely a disagreement between my ex-husband and I for the period of time while the children lived, to see how much should be paid for while they lived with us in Flower Mound. This situation was complete resolved to the satisfaction of all parties. There has also been some criticism due to the fact that 13 years ago our family was forced to file bankruptcy. This was during a period of time when we were burdened and overwhelmed with the costs of taking care of our chronically ill two-year old son. Our family endured years of emergency room visits, very often twice a week, and countless doctor visits. We as a family have worked very, very hard to overcome this financial obstacle in our lives. As you can see, these issues encompass a time period of 20 years, but I am willing and committed to sharing my entire personal history with you, including my relevant and recent accomplishments. It is important that you know the truth and make decisions about who to vote for based on factual information. The Mayoral race should not be about sensational headlines, whisper campaigns, but about what is best for Flower Mound. One only has to drive through our wonderful community or look at the statistics to see the positive results of the actions of this current administration. I want to answer your questions and I ask that you not hesitate to contact me if you need additional information, or would like to discuss it further. You can reach me at my home phone which is 972.724.2476 or by e-mail vote4spruill@aol.com. Thank you very much for your time."
Councilmember Travis requested that the speakers adhere to the three minute time limit since there were so many speakers.
Peter Turla, 3209 Lakewood Lane, Flower Mound
Mr. Turla stated he did not know Stephani Spruill when she was 23 years old, however he knew her now. Mr. Turla stated that he served on the Martin Luther King Commemoration Committee for Flower Mound with Mayor Pro Tem Spruill. He stated he was very impressed with her dedication in serving the Town and her openness to ideas. He was also impressed with her honesty and ethics. He stated he intended to vote for her because of that. He asked the citizens to judge Mayor Pro Tem Spruill by the outstanding job she was doing for the community and by the 1000's of hours she had spent since 1998 and her devoted service to the Town. Mr. Turla stated she was on the Town Council that got the Town voted the best small town in Texas. He stated she was a key member of an outstanding winning team, and that included Mayor DeLuca.
Kathleen Hawkins, 3209 Lakewood Lane, Flower Mound
Ms. Hawkins stated she had lived in Flower Mound for 19 years and agreed that Flower Mound had become the best place to live in Texas. She stated this was due to the vision and policies of the current Town Council - SMARTGrowth, Master Plan, televised Citizens Participation, responsible development, and the preservation of natural resources. Ms. Hawkins stated unfortunately there was blood in the water and sharks were in a feeding frenzy. She encouraged the voters to not let the feeding frenzy cloud their vision when they voted. She asked the public to join her in voting for Lori DeLuca, Stephani Spruill and Mike Walker.
Rhonda France, 3901 Country Oak Court, Plano, Texas
Ms. France stated she was running for school board. She was a wife and mother of three children. She stated she grew up in a town in Arkansas and graduated with a health and information management degree from Arkansas Tech University. Ms. France stated she spent many years employed in the health care profession and was now pursuing her interest in the school district. She stated she was committed to continuing the process of bettering children's education in every way possible. Ms. France stated she would contribute time, experience and knowledge. She added she stood for fiscal responsibility, responsiveness to the community and for being a resource for further improvement in the district. Her intent in all her actions on the board was strictly for the children. She stated it was the voters' inherent responsibility to make sure the children were provided with the best education possible. She stated she had experience in working, via creating, building, and maintaining relationships that would enhance the district's ability to grow. She added she was results-driven and had the ability to work in a team environment to achieve overall goals. She stated she had excellent verbal skills including listening, group presentations, expression of ideas and client contact. Ms. France asked for voters to vote for her for Place 5 on the school board.
Kathy Duke, 2924 Darlington Drive, Highland Village
Ms. Duke stated she was running for school board Place 4. She graduated from Lewisville High School in 1986. She had attained a Bachelor of Social Work from the University of North Texas. She was married and had four children. She stated she was running for school board because she was educated here and believed she got an excellent education, and she wanted to ensure that all children would get the best education possible. Ms. Duke stated she had shown through her leadership within Flower Mound and surrounding communities that she was a leader. She stated she was Vice President of Sales and Marketing for the Duke Agency. She was a member of the Lewisville Education Foundation and past president of the Flower Mound Rotary for two years. She had been on the boards of PediPlace, Youth and Family Counseling, and was currently on the YMCA Board of Directors. She was excited about this opportunity and was a team player. She asked that as a mom and a wife that the voters allow her to represent them and their children in the school district.
"Mike Walker, 2908 Creek View, Flower Mound
We are coming down the home stretch and I think this is the last time I have a chance to visit with everybody before the decision is made of where I sit. But again, I want to take the opportunity to introduce myself, Mike Walker. I'm running for Place 2 on the Flower Mound Town Council. My address is 2908 Creek View Drive, Flower Mound, Texas. The first question I was asked after our forum that we had in here - and I think many of these faces were here Saturday with us - is am I somehow related to Money Magazine because I keep mentioning Money Magazine rating us as the number one small town in Texas. I just wanted to make the record clear that in no way am I paid any fee or endorsements to promote Money Magazine. Although, I encourage you to read it because I think it definitely puts a ranking on where Flower Mound is in relation to the rest of Texas and the west. We have an election that has been sort of put to the side. I don't see as many signs up as I've seen Walker signs, but there is a Denton County bond election that's taking place. The reason I'm trying to promote Denton County's initiatives is that so much of that is related to the road system within the Town of Flower Mound. I went through and added up all the projects, and there's almost $8.5 million of Denton County roads that are incorporated in the bond initiative that will help for improvements to Flower Mound roads. So do not forget, please. I encourage you to vote in the Denton County bond election. It's interesting to note that Flower Mound also has matching funds that are applied along side of Denton County's, which is part of one of my priorities is that we use as much as local money and regional money available to help our transportation system. And to conclude, I want to review my priorities that I have established for myself as a candidate, and if I'm elected, I will make these key in my term of office. First is to continue to sustain and enhance the SMARTGrowth policies. I don't think there is anybody I have met that says we don't like SMARTGrowth. The key is to keep it live and well and make it better. I would like to work, as I said earlier, with the Town's road improvement program, to sustain the '97 bond initiative. Roads, our interior roads continue to be a very important and critical need. I'd like to reduce the tax burden placed on the residential homeowner and see if we can shift that over to the commercial land owner. Make it a little more fair. I'd like to continue to reject any increases in taxes, both sales and property. Thank you."
"Laurie Long, 2708 Lake Flower Drive, Flower Mound
And candidate for Place 4, Town Council. On May 1, 2004 at a televised candidate forum, both Stephani Spruill and Lori DeLuca stated, and I paraphrase, `citizens need to be leery of the promises politicians make, as they often say what voters want to hear, not necessarily the truth.' Of the candidates running for office in this election they are the only two candidates who are trying to make politics their career. And they are the only two candidates who have a history of questionable deception and lies. On April 19, 2004, during a public hearing, it was reported and substantiated, with documentation, that Mayor DeLuca, on at least three accounts lied to the public about Town affairs. Even more recently, despite Stephani's wonderful announcement, Stephani Spruill and Lori DeLuca did deceive the public by omitting critical information that the citizens had the right to know about, and have only yet received, because of the pressing questions by the media. And this is her guilty plea of embezzlement. Other lies of omission have recently occurred. May 1, 2004, during a candidate forum, it was revealed that Ms. DeLuca did not abide by the Open Records Act and release all e-mails requested from her between March and April of this year. It is known that there are at least two e-mails missing that refer to the altered minutes of August 2003. Ms. DeLuca referred to this incident as Minute Gate in the subject heading of each omitted e-mail. Minute Gate is obviously an analogy to Water Gate, and internationally known cover up resulting in the impeachment of President Nixon. When Ms. DeLuca was publicly questioned as to why she referred to the falsified Town minutes as Minute Gate, she had no comment. During May 2004 forum, Ms. DeLuca commented that it was her responsibility to merely create policy. I say as a Councilperson, I would do more than that. I will create a policy that benefits the citizens of the community and protect them from injustices. And I will make it my responsibility and duty to act as your representative and advocate for you, the citizens, and ensure that the policies that we establish are honored. If I was on the Council last meeting, when the issue of the blocked meeting rooms was brought to the Council's attention, I would not have dismissed it as our Mayor, Lori DeLuca, did. It concerned the rights of the citizens and there were obvious violations of policy, and favoritism towards PACs associated with Ms. Spruill and Ms. DeLuca. All parties involved were present, the Administrative staff, the Council, and the parties involved. I think we need to make use of these forums and solve problems, not dismiss them. And I know my time is up. Thank you very much."
Jack Stufflebam, 2824 Edinburg, Flower Mound
Mr. Stufflebam stated when voters approve bonds to provide public facilities and services, elected officials were obligated to follow their mandate. Mr. Stufflebam stated the Mayor and Voters United allies realized that 12,000 parents demanding ballfields and swimming pools for their kids could become a powerful political force. He stated to placate and enlist this political block, the Mayor appointed a Blue Ribbon Commission to study the needs and then gave lip service to support a $25 million bond issue to provide recreational facilities. He stated the Mayor and her political machine proceeded to stall and delay completing the voter-approved projects. He felt their pre-election support was a ploy to quiet growing unrest about inadequate recreation facilities. Mr. Stufflebam stated they thought they could pass it by the rest with frequent reports that all bond projects were underway or in the planning stage. He asked why there was a delay and added that the in-elastic tax rate would not finance the extravagant spending in debt service for new bond projects at the same time. Mr. Stufflebam stated when the Mayor took office, the tax rate included 14.5 cents to repay bonded debt. Today the debt levy was 2 cents less. Transferring that two cents back to debt levy would pay the finance charges for nearly one half of the remaining recreational bond projects. Mr. Stufflebam stated that eliminating the Our Town newsletter and using local news media to inform citizens about legitimate Town government activities would free $400,000 to pay debt service for another portion of the bond projects. Mr. Stufflebam stated last year the Mayor and Voters United allies refinanced $1.5 million in revenue bonds that were supposed to be paid with utility profits, with certificate of obligation bonds that have to be paid from the property tax rate.
Mayor DeLuca commented that she did not appoint anybody to the BRC, and that the 2002 parks and recreation bond election that was brought forward was the first bond election for recreational facilities that had ever been approved by the voters of Flower Mound. She added that the projects did remain on schedule.
"Paul Stone, 709 Lake Bluff Drive, Flower Mound
Thank you, Madam Mayor Pro Tem, Mayor, Councilmembers, staff, public. My name is Paul Stone, and I reside at 709 Lake Bluff Drive, and I too am running for Flower Mound Town Council, Place 2. I do agree with Mr. Walker, my opponent, that everybody in Town needs to get out and vote for the county bond issue because Flower Mound will benefit. There are two items I want to visit with you about tonight. One is political. The other is not. Let's get politics out of the way first. When I filed to run for this office that I'm seeking, I was given the rules, two large packages of information. As part of that package was the Town's sign ordinance. I understood that quite well because I was active in its involvement and adoption. Then last Friday all the candidates as well I believe, as the Council, received a memo from the Town Secretary basically saying that it was OK to violate an ordinance that was passed by many members of the Council here, in 2002, which codified a traditional practice of placing political signs at the voting place, right here, on Election Day. It was very specific. I have the minutes. Code Enforcement people said no, not on early voting. I realize there were changes in the law in 2003, and there have been legal opinions. But what I did after I received the memo, is that I sent an e-mail to all of you and all the candidates requesting that they respect the citizens and the people who come to this, the Town' Hall, to do business, and to refrain from putting signs up until what the intent of the ordinance was, on Election Day. As anybody in the room can see, there's lots of signs out front. Not mine. And I can assure you that tomorrow at 8:00 when their office opens, I will be calling the Texas Department of Transportation, because the memo that we all received also clarified that they should not be, that signs should not be put in state rights-of-way. This is a state road. So, I'm also asking the Town Engineering staff, because I understand that 1171 has a variable right-of-way, if they could please identify the specific right-of-way in which signs are not permitted by Texas state law."
"Mayor DeLuca - I would like to say one thing about the signs is that one of the candidates actually called and requested whether signs would be allowed during early voting like they were during the primary elections, if I'm correct. Is that a correct statement? Which candidate, or who called and asked if they could put the signs up?"
Town Secretary Paula Lawrence responded it was not a candidate who called - it was another citizen.
"Mayor DeLuca - the result was that because the primary election candidates were allowed to put their signs out during early voting that they felt it was fair for Town Council candidates. I mean, I'm all for reducing sign clutter. I wish we didn't have to put any signs out. It's a big waste of money. But when other people. We will not have outbursts from the audience. Everybody will get their chance to talk. It's rude. It's disruptful. Everybody will get their turn. But one thing, like was brought up at the candidate's forum on Saturday, is that the question was asked, not from one of our campaign workers, if signs could be put up. It was answered that everybody got a memo saying they could, but your signs were up for like months cluttering town all over the place. Now all of a sudden you have. For two or three months the signs were up. But anyway, I just wanted to point out that it was not one of us who asked for that opinion. It was from a different candidate's campaign."
"William Carr, 5423 Rawlings, Flower Mound
For those who don't know me, I'm William B. Carr. I live at 5423 Rawlings Street in the Town of Flower Mound. You cannot tell how upset I am. I came to Flower Mound and was elected to Town Council. And I've always agreed with the rule of law. And I'll tell you something right now. If you don't know we're teaching everybody in the Town of Flower Mound from the littlest kid to the biggest, oldest dude in Town, it's OK not to have any responsibility whatsoever for your actions. OK. Sign ordinance - very easy. It's like term limits. You self-impose them. If you don't believe in it, don't give it lip service. You know, all I can tell you is if you've ever listened to a politician on TV and you wondered what he said when he had finished. I've got news for you. Look at it. We've got politicians who want. I mean this is literally ludicrous. We have politicians, first of all, you say you are not convicted. First of all, you say you are willing to answer questions. Very well, answer the question. Were you charged? Did you go to court of law? Did you plead guilty? And did the judge impose a sentence with probation and restitution. Next, I'm a concealed handgun instructor, and the concealed handgun law in Texas, agreed it doesn't apply. You were convicted, supposedly. But the Texas Concealed Handgun Law from the DPS, and I'll quote from definitions - `says convicted means adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction.' Was the court of competent jurisdiction and did it impose a sentence? You know, let's start telling the truth. Let's start being upfront. It's not so much what you did. I can probably forget 18 years ago. I can forget everything. The fact is on one hand you hold up and say `look at all the good things I did', but on the other hand you tell about all the other people's things that they did bad. We need the same standard for everybody in the Town, because the kids are learning, the adults are learning. They are all looking. Everybody wants to get out of whatever they are charged with. Nobody wants to take responsibility for their actions. I had to take all responsibility for my actions throughout my entire life. Anything I've done, people have always told me, hey, you know. So come on. Start taking responsibility. This is a thing about responsibility. And like you say in the newspapers, you admitted it, you did it. You didn't pay your child support. Let's get on from it. But when Terry Bradshaw ran, oh that was a bad thing. Come on, take responsibility."
"Mayor Pro Tem Spruill - Ladies and gentlemen, I have never been convicted. And the papers. Ladies and gentlemen, I would ask that you respect the decorum of the meeting. I have copies of legal memos from attorneys here for anyone who wants them after the meeting. And the newspapers, one by one, have been contacting me today, and are printing corrections. What is being reported is wrong, and it won't be printed anymore because they have taken responsibility for it. I don't know if the Town Attorney would like to address the definition of deferred adjudication. I have never been convicted, and you may not say that I have, because it's not correct."
Town Attorney Terry Welch stated there apparently was an article that he was told about that indicated there was a double standard with former Councilmember Randall. He stated the Charter said a councilmember forfeits his office if he is convicted of a crime involving moral turpitude. He stated Mr. Randall was elected in 1997. The incident for which he was convicted occurred late September 1997. He stated he was convicted on two counts in Municipal Court. He appealed to the county, and he was convicted on two counts at the county. Mr. Welch stated the Charter provision clearly applied to him. He stated there was litigation on that and the Court of Appeals in Fort Worth upheld that. The Texas Supreme Court did not hear the case. Mr. Welch stated the second issue was that there was a statement that he had given a different opinion about deferred adjudication. Mr. Welch stated Mr. Randall was arrested on Saturday, September 27, 1997. On October 1, Mr. Welch provided a legal opinion to the Council. One of the questions was if Councilmember Randall received deferred adjudication from the Municipal Court, did the granting of deferred adjudication have the same affect as a conviction. He stated his response was no, deferred adjudication did not constitute a conviction under Texas Law. He stated to the best of his knowledge that had been the law for years, if not decades. Mr. Welch stated the Charter provision only applied to councilmembers holding office, and a deferred adjudication was not a conviction.
Donna Bradshaw, 2100 Friar Court, Flower Mound
Ms. Bradshaw stated she was the wife of Craig Bradshaw, who ran for mayor two years ago. She stated there was blood in the water two years ago. She stated - "hypocrisy - you reap what you sow". Ms. Bradshaw stated Craig was forthcoming and had a press release before he started his candidacy. She stated Mayor Pro Tem Spruill was now covering her trails after the fact. She added it was a double standard. She stated blood in the water was created two years ago, and now it was not OK for the citizens of Flower Mound to come and question her past.
David Magee, 380 Canyon Oaks, Argyle
Mr. Magee stated he had lived in Flower Mound almost 14 years and then moved to Argyle. He stated he came before this Council 1.5-2 years ago and at the time he had felt, and still did, that certain people involved in the other candidate's team had mislead him. He stated he felt ashamed of that and came forth and apologized for not getting the facts. Shortly after, that Sara Wingard, Jim Cook, Stephani Spruill and Lori DeLuca said it took a lot of guts to do that. He stated at that time, Mayor Pro Tem Spruill told him that "we can't have somebody like that." Mr. Magee stated his beef was not with Craig Bradshaw - it was a personal issue. He made choices about what he did in his past, but he did come forth at the beginning. Mr. Magee stated he had lunch with Mayor DeLuca a week later, and he told her some things that he did not agree with on their side, but it wasn't about winning for him. He stated it was about winning for these people. He stated he was absolutely lied to. Mr. Magee stated he asked Mayor DeLuca if she was in the same position would she do the same thing or was it all about winning. Mr. Magee stated that she replied, "David, I'd be the first person." He stated Mayor DeLuca lied to him and he could not trust her on anything. He stated he bared his soul to her and basically let her make a fool out of him. He addressed Mayor Pro Tem Spruill and stated she should be ashamed because she told him that Craig Bradshaw hid behind the Bible. He stated it was all about trust, and she had no more.
Mayor Pro Tem Spruill stated the only conversations they had were on the sidewalk in front of her home where she answered allegations that were made against the Town.
Sylvia Inboden, 2017 Brookville Lane, Flower Mound
Ms. Inboden stated it had come to light that Mayor Pro Tem Spruill had a sordid financial past. She stated she had pleaded guilty to a felony embezzlement. Ms. Inboden stated Stephani Spruill was not the victim, and the real victims were the poor people who gave their rent money to her. She stated the victims were the least able to defend themselves in order to keep roofs over their families heads. Ms. Inboden stated some paid by cash, and some paid by check or money order. She imagined that the $5000 restitution only reflected the sums that could be proven because of the payments made by check or money order. Ms. Inboden stated Ms. Spruill showed a willful disregard for her employer who entrusted her with the money, all the while she was diverting the money to her own wallet. She stated when Ms. Spruill filed personal bankruptcy in Nebraska in 1992, there were others who suffered financially as a result of that action. She stated these people were the victims, not Stephani Spruill. Ms. Inboden states as recently as April 15, 2004 the Attorney General pulled Ms. Spruill into court because she was behind in her child support payments, and the victims were her own children. She stated that Corporate America had a negative opinion of employees who do not properly fulfill their obligations to their families. She added that many companies will not hire someone behind in child support, and that the state of Texas will rescind a professional license if child support is not current. Ms. Inboden asked the citizens if they would want a police chief with the same background, and if not then don't elect her to be Mayor.
Shirley Voirin, 4201 Cross Timbers Road, Flower Mound
Ms. Voirin stated in September 2001 she was honored to receive two honors for her volunteer efforts in this community - the Flower Mound Republicans awarded her a certificate for her service and volunteerism. She also received the Mayor's Citation for Excellence in Community Service. Ms. Voirin stated the Mayor told her it was only the fourth one given in Flower Mound. Ms. Voirin read the plaque and noted that she was very surprised and humbled that evening. Now she was angry, embarrassed and ashamed of something that was good that turned horribly bad. She stated they had barred them from serving the community. Ms. Voirin stated Mrs. Spruill had a very shady background, and the Mayor had hid it from the voters. She added that made Mayor DeLuca guilty by association. She stated it was time for a sweeping change in the Town government. She encouraged the citizens to vote and to vote their conscience.
Art McDevitt, 1512 Orchid Court, Flower Mound
Mr. McDevitt stated over the past ten days he had expressed his concerns through e-mails to the council and letters to the editors. He wanted to put aside the political rhetoric and thanked Councilmember Cook and Councilmember Travis for their service on the Council. He stated he appreciated Councilmember Cook's fiscal conservatism, and that sometimes his questions were not popular. He noted that Councilmember Travis was the liaison to the Zoning Board of Adjustment, and that she acted as a good liaison. He thanked them for serving.
Marilyn Sizemore, 2850 Sagebrush Drive, Flower Mound
Ms. Sizemore stated she worked with Stephani Spruill at Cedar Creek in 1988. When she read the article in the Dallas Morning News on April 24, and there were several things that disturbed her. One thing was that she supposedly could not recall the details of what happened at Cedar Creek. Ms. Sizemore stated South Coast Properties purchased Cedar Creek and it was under renovation. She stated it was the perfect situation for someone to come in if they were that kind of person. There were nine people on the list of families that were affected by the situation. She had spoken with some of them. She stated the property was a blue collar property. Ms. Sizemore stated Stephani Spruill worked there and lived there, so at the time she was accepting rent from people and people questioned how that could have happened without South Coast Properties knowing. She stated there was much chaos because of the renovations. She noted people would pay by money order, she would offer to fill it out, and she gave them a separate rent receipt. This was how they were able to go back and find out who had money taken from them. She stated it was unforgivable.
Ron Caron, 2332 Bentley Drive, Flower Mound
Mr. Caron stated he, like others, was eager to see local businesses succeed. He expressed concerns made by Mayor candidate, Stephani Spruill, at the January 2004 Mayor's Resident Advisory Committee meeting. Mr. Caron stated during the open forum portion, the subject of the Flower Mound Home Depot came up. He stated Mrs. Spruill informed the participants that the reason the Home Depot wasn't busy was because the store did not have everything the customers were looking for. He stated she made the following disparaging remark regarding the store manager, "Namely that he was a terrible store manager." He noted that this meeting was attended by at least 20 citizens and Town staff. Mr. Caron stated it was totally unfair and inappropriate for any Town official to make such remarks in a public forum. He stated he received an e-mail from Town employee Shelly Putnam on April 16, 2004 regarding the next meeting date. The e-mail indicated the next meeting date would be after the May 15 election, at which time a new mayor would be elected, therefore any future meeting dates will be determined by the mayor's schedule and preference. The e-mail indicated that since the group was comprised of different neighborhood representatives selected and invited by the mayor at this time, she did not know if there will be any changes to the membership or status of the group. Mr. Caron asked Mayor candidate Stephani Spruill if she was elected, would the meetings be open to all homeowners' associations (HOA) - mandatory and non-mandatory. He stated the current mayor was inviting who she wanted to and stating that they were part of a membership.
Councilmember Travis requested that Mr. Caron respect the three minute time limit.
Mayor Pro Tem Spruill responded to Mr. Caron that she would include every HOA - mandatory and non-mandatory.
Mayor DeLuca commented that Shelly Putnam had asked her when the meeting was going to be in May, and she told her that she wouldn't be the mayor in May. She stated that the Tuesdays and Thursdays had always accommodated her schedule and she did not know what days would accommodate the new mayor's schedule. Mayor DeLuca stated she felt that was the message Ms. Putnam was trying to relay. She stated that all of the HOA's had always been invited. Not all of them showed up, but if they signed the list, they were invited.
Michael McCurdy, 2909 Pioneer Park, Flower Mound
Mr. McCurdy stated he was shocked when he read the article in the Dallas Morning News pertaining to Stephani Spruill's past about pleading guilty to a felony crime. He stated he was appalled by Ms. Spruill's response of "I was very young and really didn't want a confrontation. I just wanted it to go away." As a concerned Flower Mound voter and resident, Mr. McCurdy stated there were many that wanted her to go away and withdraw her candidacy for mayor. Mr. McCurdy stated Ms. Spruill was quoted on Ch. 5 News as saying, "my life is transparent." He wished her name was transparent and that it would disappear from the ballot. Mr. McCurdy asked how someone charged with a felony could not remember the details. He stated he was even more appalled by Mayor DeLuca's response by down-playing the seriousness of the information. He stated Ms. DeLuca had responded that she knew about this for several years, and the citizens of Flower Mound did not know. Mr. McCurdy felt the voters should have been notified immediately in the Our Town newsletter. He felt the newsletter was a political advertisement paid for by the taxpayers. He stated he agreed with the Dallas Morning News when they stated that she ran the Town like a political boss without regard to open government and citizens' wishes. Mr. McCurdy asked that if the Mayor requested the Town Secretary to alter the minutes of this meeting, and misrepresent what he was saying, thereby violating his civil liberties that are protected under his First Amendment rights under the United States Constitution, he respectfully requested that she not alter three words - shame on you. He addressed the Council saying silence was golden, but it also conveyed approval. Mr. McCurdy stated none of the council stood up for what was right or for the rest of the citizens.
Tonya Bauman, 2301 Amhearst Lane, Flower Mound
Ms. Bauman stated she was supporting Stephani Spruill. They had been neighbors for four years. She stated they used to walk together in the morning, and she had seen nothing but integrity and love from her. She stated she felt better after talking with her, and she knew how to bring that out in people. Ms. Bauman stated they used to teach Sunday school together. She stated her older son was a missionary, and she saw much integrity in her younger son. She spoke of her middle son and how she would always bring him back around. Mr. Bauman stated Mayor Pro Tem Spruill loved this town and was devoted to everything. With all the confusion there was fear, and she stated there was nothing to be afraid of. She stated Mayor Pro Tem Spruill knew when businesses came in to Town and she knew how to talk to them. She had devoted her life to her family, and she would never do anything to harm the Town. Ms. Bauman stated Mayor Pro Tem Spruill was right for the job, and she was proud to be a Flower Mound resident.
Mayor DeLuca asked the audience to be respectful and not clap, heckle, and yell.
Sara Wingard, 4216 Bordeaux Way, Flower Mound
Ms. Wingard stated honor and respect were very important to her. When she was on Council her goal was to represent all citizens in an honorable and ethical manner. She stated she was an average person who felt the average citizen should have a voice at Town Hall. Ms. Wingard stated that Stephani Spruill had said she informed key supporters about this before running for office in 1999. Ms. Wingard stated she had no knowledge of her legal problems in 1999. She stated before Mayor Pro Tem Spruill filed in 1999, she specifically asked her if there was any reason why it might be a bad idea for her to run for office, and she was assured there was nothing. Ms. Wingard stated Mayor DeLuca had stated she knew about the embezzlement charges. Ms. Wingard stated she was surprised when she heard about it and even more surprised about the bankruptcy in 1992 and recent unpaid child support problems. She stated she did not want anyone to think that she knew about Ms. Spruill's financial history, and that she deliberately concealed it. She found these matters distasteful and an embarrassment to the Town. Ms. Wingard stated she would vote for Jody Smith for Mayor because she had her respect.
Marsha Casteen 2216 Timbercreek Trail, Flower Mound
Ms. Casteen stated this was a celebration. She recently returned from a trip with her husband after 25 years of marriage. She stated when they returned home they had calls from people wanting to know why they had supported Stephani Spruill, and they intimated they knew she had a felony conviction. Ms. Casteen stated her family did not know, and did not lead the citizens astray. She asked how many people on this Council knew that Mayor Pro Tem Spruill was a convicted felon.
Mayor DeLuca stated this was not an inquisition for the Council, and the Councilmembers could respond during their comments if they wanted to.
Ms. Casteen stated she wanted to know how many of the Council knew there was a problem.
Mayor Pro Tem Spruill stated this was her responsibility alone. She stated she was not a convicted felon, and this was not this Council's responsibility.
Mayor DeLuca stated Ms. Casteen's candidate, Rick Randall, was convicted.
A member of the audience stated he was Mayor DeLuca's candidate, too.
Ms. Casteen stated that was not the point. She stated her family supported all of the Council, and she wanted to know what they knew.
Councilmember Travis stated there were still many people who wanted to speak, and she requested that Ms. Casteen end her comments.
Sandy Thurman, 1232 Courtney Lane, Lewisville
Ms. Thurman stated she was speaking on behalf of the Flower Mound Republican Club. She thanked everyone for attending the 5th Annual Forum and thanked the candidates for attending. The forum allowed the candidates an equal opportunity to discuss their qualifications for office, their community involvement, and their platform. Questions from the audience were answered by each candidate. Ms. Thurman stated the forum might be the only opportunity for some candidates to respond publicly to comments by opponents or the media. She encouraged all Flower Mound residents to watch the forum on FMTV (Advantex Cable Channel 12 and Comcast Channel 15). The schedule for rebroadcast times was available on FMTV. Ms. Thurman gave the hours for early voting and election day. She asked the citizens to take the time to vote in this important election.
Sherillyn Flick, 3220 Miracle Lane, Flower Mound
Ms. Flick stated she felt it was her duty to explain the different reasons why Stephani Spruill and Jody Smith wanted to be Mayor of this Town. After filing for office she asked Jody Smith why she wanted to run for Mayor. Ms. Flick stated she was shocked because she knew Ms. Smith had been trying to get an appointment to the Planning & Zoning Commission. She knew there were no openings on the Commission, and she wondered if Ms. Smith expected the Council to take someone off the Commission to make an opening for her. Ms. Flick stated they spoke for about 45 minutes. Ms. Flick stated during the conversation Ms. Smith confirmed she wanted an appointment to the Commission with the ultimate goal of running for Council in 2005. She stated she gave a self-imposed deadline of March 1, 2004 for that appointment. Ms. Flick stated this was the first date that Commission appointments were on the agenda, however due to a death in the family, Mayor DeLuca had to go to Boston for the funeral and was not present at the Council meeting. She stated traditionally appointments to boards and commissions are not made if a Councilmember is absent, so no appointments were made on March 1. Ms. Flick stated Ms. Smith told her she was not satisfied with that timeframe and was apparently angry that her deadline was not met, so she filed to run for Mayor. Ms. Flick stated it was apparent to her that Jody Smith was running on a platform of sour grapes that had nothing to do with the future of Flower Mound. She stated Jody Smith was running for the wrong reasons.
Councilmember Travis stated the audience needed to respect the speakers.
Ms. Flick stated Stephani Spruill had faithfully served the Town on the Council for the past seven years. She voted for SMARTGrowth and the Master Plan, and helped to develop it. Ms. Flick stated her exemplary service to the Town, veterans, youth and senior citizens was beyond reproach. She asked the voters to look beyond the whisper campaigns and look at the facts. She stated Flower Mound was the best place to live in Texas, and the current administration made it that way.
Charlie Barrett, 5312 Buckner Drive, Flower Mound
Ms. Barrett stated Stephani Spruill was one of the most decent people he had ever known, and that she fought for what she believed in. He stated she had a kind heart and exercised excellent judgment and had demonstrated impeccable ethics while in office. Mr. Barrett stated she had earned respect by her steadfast devotion to a job that paid her nothing. Many in the Town were seeking to destroy her in return. Mr. Barrett stated Stephani Spruill was no Bill Clinton or female Richard Nixon. He stated there were people with grudges and people who wanted her job. Mr. Barrett stated citizens would search far and wide for anyone who has known Stephani Spruill personally that would express any legitimate gripe. He stated the citizens should nurture and encourage a person who was trying to be a good and honest public servant, regardless of her distant past. He stated it was the duty of the citizens to judge her on what she is today and not blindly follow those who would gain from destroying her without just cause. Mr. Barrett stated he did not know if Mayor Pro Tem Spruill took the money or not. He submitted that others didn't know either. He stated innocent people took deferred adjudication for many reasons, not the least of reason, was that she ran the risk of losing custody of her kids if she didn't do it.
Mayor Pro Tem Spruill stated the next speaker had contacted her and had a presentation and that she needed extra time.
Patricia Axelson, 5212 Singing Brook Road, Flower Mound
Ms. Axelson distributed information to the Council. She stated deferred adjudication was an offer from a district attorney's office as a means of resolution of a case. She stated one could not get it unless they pleaded guilty or nolo contendre. Ms. Axelson stated she belonged to Texans for the Reform of Deferred Adjudication. The organization was formed as a direct result of situations like Ms. Spruill was in, where there is much confusion and misrepresentation about the deferred adjudication law. She stated her organization testified before the state legislature in the 78th legislative session in support of SB 1477, authored by Senator Royce West of Dallas. She read a quote from the Senator's press release, dated June 24, 2003. "For the record, I firmly believe that a person who commits a crime should be subject to the full array of sanctions possible under the law, but a deferred adjudication is not a criminal conviction, that's the law." Ms. Axelson brought a sample of an Order of Discharge and Dismissal From Community Supervision used by Denton County. It is filed by the court when a person successfully completes their deferred adjudication. She read the verbiage from the Order.
Councilmember Travis indicated that Ms. Axelson's time was up.
Mayor Pro Tem Spruill stated Ms. Axelson was making a presentation.
Councilmember Travis stated she realized that and she had the information. She stated she was asking the citizens to honor the three minutes, and she felt it was necessary in this case also.
Diane Lasch, 1401 Cedar Bluff Lane, Flower Mound
Ms. Lasch stated she moved to Flower Mound in January 1996. They got to know Stephani Spruill when she moved into their subdivision. She stated Ms. Spruill worked endlessly to do a neighborhood newsletter. She walked the streets to deliver the newsletter. Ms. Spruill was also responsible for starting the homeowners' association (HOA) to encourage communication and accountability between neighbors. Ms. Lasch stated although she had moved from the neighborhood, she never forgot them, and thanks to her efforts they still had an active HOA. Ms. Lasch stated Ms. Spruill was now a Councilmember and this was the Stephani Spruill that she knew and would support. She knew her as a wonderful Christian lady and exemplified community service.
Peggie Kimberlin, 3400 Mesa Drive, Flower Mound
Ms. Kimberlin stated she moved to Flower Mound 15 years ago. She stated the previous Councils had greedy dreams, and then SMARTGrowth developed. She stated all the elections since had proven the desires of the citizens of Flower Mound. She stated it was the citizens who voted these people into office, not just a few people making decisions. Ms. Kimberlin found it distasteful that the election had become a witch hunt. She stated it illustrated that there were citizens that were either ADD or just not knowledgeable about what goes on behind the scenes to keep the town wholesome. She read her version of "How To Vote 101." She stated muddying the water was not the way to go, and if people would sling mud, she hoped it hit them.
Phil Van Guilder, 3800 Sunnyview Lane, Flower Mound
Mr. Van Guilder stated he moved to Flower Mound 9 years ago. He lived in Dallas before that time. He stated Flower Mound represented the values he agreed with. He stated on any other given day, most of the people around Town would be pretty nice. He had heard that the recent Council meetings had been negative. He thanked Mike Walker for just telling us what he is about. He thanked the Council for making Flower Mound a nice place to live. He thanked Mayor Pro Tem Spruill and Mayor DeLuca for doing an excellent job. Mr. Van Builder stated some of the people were going to feel bad when they have to look each other in the face and remember what was said. He stated some people had a tolerance for mediocrity and a vindictiveness and bitterness. He did not understand the motive or cause for someone to look at their neighbor. There was so much more important than who sits on the Council.
Marsha Gavitt, 6501 Meadowcrest Lane, Flower Mound
Ms. Gavitt stated Voters United to Preserve Flower Mound was an organization that evaluated and endorsed candidates. The organization was based on their goals. Their efforts were directed toward community-wide benefit. She stated they were a bi-partisan grass-roots organization funded by donations from residents. They did not give money to candidates or paid for candidate expenses. They paid for their early election guide which introduces the endorsed candidates, followed by the regular election guide that compared all the candidates. Ms. Gavitt stated they were confident that they had endorsed the best candidate in each race of each year since 1997. That included everyone sitting on the Council now. She stated they only considered factual information that was recent and relevant to whether a candidate could serve effectively. Their moment of truth updates clarified the usual barrage of information this time of the year. She stated this year there was much more than usual and it was very personal. Ms. Gavitt stated they had endorsed Stephani Spruill for Mayor because of her outstanding public service record and strong support for their goals. She stated she had two years of leadership experience as Mayor Pro Tem. They endorsed Lori DeLuca for Place 4 because of her outstanding public service record as Mayor and because she supported their goals. They endorsed Mike Walker for Place 2 for his strong support of their goals, for his service on the Planning & Zoning Commission and the Park Board, and for his experience as an investment manager and community planner. She gave the following website: www.voters-united.com.
Patsy Mizeur, 1821 Castle Court, Flower Mound
Ms. Mizeur stated she was President of Flower Mound Voters for Conservative Spending. She noted that Mayor Pro Tem Spruill had earlier stated that the problems were hers only. She stated Mayor Pro Tem Spruill made them her problems when she helped to get her elected five years ago without telling about her past. Ms. Mizeur stated Town Secretary Paula Lawrence had called her today because a resident asked her to publicly apologize to Ms. Mizeur in regard to the fiasco regarding her political action committee using the Council Chambers for a candidate forum. She stated Ms. Lawrence did not need to apologize, and it should come from Mayor DeLuca and Mayor Pro Tem Spruill. Ms. Mizeur stated it was important to realize that Ms. Lawrence served at the pleasure of the Council. It was not the Town Manager that would fire Ms. Lawrence if she operated inappropriately. It would be the Council. Ms. Mizeur stated she did not disregard Town policy when she filed to use the Chambers for a forum, but Mayor DeLuca and Mayor Pro Tem Spruill. She stated they did not want the people of Flower Mound to view an independent forum from their group. She stated they were using Ms. Lawrence as a scapegoat for their corruption. Ms. Mizeur stated recently it was revealed that Mayor Pro Tem Spruill pleaded guilty to a felony in 1988 and Mayor DeLuca knew about it from the beginning but hid it from the citizens of Flower Mound and the members of Voters United. She stated they both should step down, and she implored the voters to vote them out of here.
Jody Smith, 3705 Sarah Springs Trail, Flower Mound
Ms. Smith stated she had made comments in the newspapers concerning Ms. Spruill's past in answer to questions from reporters. She stated she had not initiated mudslinging and had stayed in the background. Regarding signage issues, she stated if people watched the tapes of the forum, they would find out her points on signage. She stated there were three endorsed candidates by Voters United. Six of their signs were up on a piece of property that was going to be considered in a case on the agenda tonight. She felt this was a little gray. Ms. Smith stated three of their signs were on an extremely large piece of property on the west end of town, and this man had submitted two checks to Voters United that totaled $7,500. Ms. Smith stated her campaign report would show no dollars from anyone but friends and neighbors. Ms. Smith stated she received a phone call on March 12 from Ms. Flick, and she was very abrupt. Ms. Smith stated she had never met the woman. She stated that the discussion went on and on, and she kept saying that the discussions that were in the e-mails between the Mayor and herself were personal and private, and unless she got her permission, she couldn't discuss them with her. Ms. Smith stated she had a series of e-mails and phone calls back to March 12 between Mayor DeLuca and herself about running for offices and positions. She stated last year one of the councilmembers asked her several times to run against Jim Cook. She stated they wanted her to do their dirty work. She stated she would not do it. Jim Cook's neighbors were her friends, and she had flown with his brother. Ms. Smith stated one day in the school parking lot, Mayor DeLuca asked if she was going to run against Jim Cook or not, and she replied no. The year passed and e-mails started again when she was asked to run against Paul Stone. She stated if Mayor DeLuca gave her permission, she would make the e-mails public. Ms. Smith stated she would not run against Paul Stone. She did not need a Planning & Zoning appointment to get involved, but the discussions that went on between a few Councilmembers, the Mayor and Voters United supporters was what truly initiated her to do this. Ms. Smith stated she was not the mudslinger.
JoAnn Larrabee, 2812 Poplar, Flower Mound
Ms. Larrabee stated she moved to Flower Mound in 1989 because they loved the area. When she saw what developers were doing with clear cutting and building high density neighborhoods, she started getting involved in the Town Council meetings. This went on for a couple of years and she was starting to see a turnaround where things were going their way for a change. She stated it was a wonderful feeling to know that there was a Town Council that actually listened to the citizens. She thanked the people who run this town and had done a wonderful job of giving the citizens Flower Mound the way it is now. She stated Ms. Spruill might have done some things in the past, and she was sure that most of the people in the room had done some things in the past that they regretted. She stated Mayor Pro Tem Spruill had handled this situation with much grace.
Councilmember Travis stated she could hear people talking in the audience and she asked them to respect the speakers.
Judy Cornelius, 712 Diana Lane, Flower Mound
Ms. Cornelius stated Stephani Spruill went to church with her and she could only base her opinion on what she had seen in church. With the homeowners' association there was an issue with a cell tower, and the Council was most helpful in getting then with what they needed to take care of the problem. Ms. Cornelius stated she and Mayor Pro Tem Spruill had done things at church together, and she supported her. Ms. Cornelius stated she had to deal with children all day and she said shame on some of you for the way you are acting because this was not the way adults should act.
Danny Cornelius, 712 Diana Lane
Mr. Cornelius thanked the Council for the work they had done in the town. In the political arena today, so many times people go back to find things that others did wrong to cover what was happening today. He stated as he thought back to his teenage and young adult years and there were things that he did not want others to know. He encouraged people to look at what was happening today. In his younger years he made mistakes - some because he didn't know better, some because he did not have the financial means to get out of it, so he accepted it and found the quickest way to get it out of the way. Mr. Cornelius stated people learned from their mistakes and grew from them. He stated Stephani Spruill was a wonderful person and worked hard for the Town. She had been Mayor Pro Tem for a couple of years and she deserved to be Mayor.
Timothy Flick, 3220 Miracle Lane, Flower Mound
Mr. Flick thanked Stephani Spruill, Lori DeLuca and Mike Walker for taking the high road in this election. He stated the class they had shown had been a remarkable contrast to the name-calling, mud slinging and garbage spewed forth by their opponents. He stated Stephani, Mike and Lori were running for office because they cared about the Town and did not want it to become another over-urbanized concrete jungle. He urged everyone to watch the candidate forum. He added that the true nature of the candidates showed through. Mr. Flick stated Stephani had devoted herself to making Flower a better place to live. Flower Mound being named being the best place to live in Texas was due in no small part to her tireless efforts. Mr. Flick stated it was ironic that the only position Jody Smith would admit to having was her support of SMARTGrowth. He stated it seemed that every vacant lot that had a developer's sign on it also had a Jody Smith sign next to it. He stated it made him wonder what she had promised to the developers. He urged the citizens, when casting their votes, to consider each candidate's previous service to the Town, their motives for wanting to be elected, their sincerity and ability to do a job.
Dr. David Tam, 732 Teakwood Drive, Flower Mound
Dr. Tam stated he had lived in Flower Mound for more than ten years. He had known Stephani Spruill ever since she was elected to the Council. He stated he was in support of her because of her integrity and honesty. Dr. Tam stated everyone makes mistakes. He stated integrity meant the willingness to admit making mistakes and to take actions to correct the past actions. He stated this is what was needed in leadership - the willingness to accept responsibility. He added everyone was human and no one was perfect. Dr. Tam stated Mayor Pro Tem Spruill's contributions to SMARTGrowth and her service on the council and betterment of the Town was due to her dedication and time she had spent on the Council. He thanked the Mayor and Council for their service and dedication. Dr. Tam stated the Town needed a positive team, not a negative team.
Don Stanford, 501 Shorecrest, Flower Mound
Mr. Stanford thanked Councilmember Travis for giving her time and efforts on the Council. He stated she had honored her promises and pursued the goals of this town's management team in a way that was good for the citizens and a good example for younger generations. Mr. Stanford stated in the last few years, Flower Mound had become a rural version of the Park Cities in Dallas. He stated this happened because of the professional skills of the current Mayor, Mayor Pro Tem, and most of the Town Council, plus the superior level of the Town executives. He stated the citizens were informed of the Town's business and finances monthly through the newsletter. He felt this community was far superior to the norm because of these people, and the town was fortunate to have them and now there was the opportunity to continue. Mr. Stanford stated Stephani Spruill, Lori DeLuca and Mike Walker were the most honest, sincere, fair and just people anywhere. He stated everyone in the room and everyone at home had something to hide. He stated what counted was now and what has happened in the last six years. He stated the Town needed these professionals. He had not heard anything about what the other people were going to do.
Janna Cott, 2004 Walden Boulevard, Flower Mound
Ms. Cott reminded everyone of the Mayors' Prayer Breakfast on Wednesday, May 5 at 6:45 a.m. at Lakeland Baptist Church in Lewisville. She also noted the National Day of Prayer ceremony would be at Town Hall at noon on Thursday, May 6. Featured speakers included Chris and Christine Boniol. She noted Chris was well-known as Super Bowl champ formerly with the Dallas Cowboys. Ms. Cott stated Flower Mound was blessed to also have LISD representatives, the Marcus High School choir, Commissioner Bobbie Mitchell, and others that would participate. She noted there would be wonderful representation from every level of government. She invited everyone to come and celebrate on Thursday.
Randal Wilson, 3005 Oak Meadow Drive, Flower Mound
Mr. Wilson announced the First Annual Fire Department versus the Police Department softball game (The Battle of the Diamond) on June 19, 2004 at Flower Mound High School baseball field. Pre-game activities would begin at 6:00 p.m. He stated the bands from the two high schools would be sponsoring the two teams, since their colors corresponded with the Police and Fire Departments. Chad Hennings and Tony Casillas would throw out the first pitches to the two catchers. Concessions would be available. Tickets are $3 for six years and older. Five years and under would be free. Tickets are available at the Town Hall, the three fire stations, the Library and the Police Station.
C. ADJOURNMENT OF CITIZENS PARTICIPATION
This portion of the meeting was adjourned at 7:58 p.m.
D. CALL REGULAR TOWN COUNCIL MEETING TO ORDER
Mayor Pro Tem Spruill called the regular meeting to order at 7:58 p.m.
E. INVOCATION
Dr. Richard Plunk gave the Invocation.
F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG
Dr. Richard Plunk led the Pledge of Allegiance to the American Flag.
G. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG
Dr. Richard Plunk led the Pledge of Allegiance to the Texas Flag.
H. PRESENTATIONS
Mayor's Citation of Excellence - Robert McCullough, Pulitzer Prize nominee
Mr. McCullough had to leave the meeting but would receive his award at a subsequent meeting.
Proclamation - Public Works Week, May 16-22, 2004
Ken Parr, Director of Public Works, stated the department had a tradition of celebrating Public Works Week. This year there would be a barbecue and equipment rodeo plus tours of several of the Public Works facilities. He introduced members of his staff: Randy Williams, Utility Services; Jim Cullen, Street Services; Kent Collins, Transportation Engineer; and Annette Pawlak, Administrative Secretary. Mayor DeLuca was presented with the annual American Public Works poster signed by all the employees. Mayor Pro Tem Spruill read the proclamation.
Denton County Bond Program - ITS
John Polster, Innovative Transportation Solutions
Mr. Polster stated he worked on behalf of Denton County and presented the following Power Point presentation. (Note: The power point presentation is on file in the Town Secretary's office.)
Councilmember Bentz asked which numbers on Dixon Lane were correct, as there appeared to be a discrepancy between the handout and the Power Point presentation. Mr. Polster stated what was in the printed package was correct.
I. MAYORAL/COUNCILMEMBER ANNOUNCEMENTS
Councilmember Cook responded to Marsha Casteen's question about Mayor Pro Tem Spruill's troubles stating he was very much involved in Voters United almost from the beginning. He stated Voters United puts out two voters guides every year, and he always discussed the with Lori DeLuca and they talked about how they had to make sure the truth was in them so that credibility was not lost, and she agreed. In 1999 when Stephani decided to run, he talked to her and helped her. He stated the subject of any legal difficulties in the past never came up. He was never informed about that. The problem was that democracy as Abraham Lincoln said, requires a trust between the elected leaders and the people. That trust is built on the foundation of truth. He stated they worked hard to gain the trust of the people of Flower Mound over the years, or he thought they were. He stated now it was coming to pass that the voters guide was a fraud all those years. He feared now that the biggest casualty was the trust that had been built up over the years between the leaders and the citizens. When the trust is destroyed it takes years to get it back. Councilmember Cook stated it was very unfortunate that the citizens were lied to by omission. He stated he felt like Sara Wingard and was very disappointed. He stated he heard about this when it came out in the newspapers, and that was the first time he had heard about it. He suspected that many other Councilmembers had the same experience. He stated it was a sad day and he was sorry to see it come about.
Councilmember Bentz commented for those who were parents and had children in the LISD or anywhere in Texas, the school finance bill being proposed by the House of Representatives was ready for debate on the floor starting tomorrow morning. She stated this was happening very fast. Personal experience had shown her that whenever legislation of this magnitude happens quickly, everyone needed to stay on top of it. Whether people had children or not, it would affect everyone because the majority of the tax bill went to the school district. Councilmember Bentz stated they were proposing tax cuts, but they were also proposing to fix school finance issues and provide more funding for schools. Gambling was another whole issue they were considering. She stated the quickest way to stay on top of the legislation was to call their offices and monitor the bill on the website. She encouraged e-mailing representatives and paying attention as this will affect everyone across the state. She urged citizens to be an active voice for the community, and to speak in the best interest of the children of the state of Texas.
Councilmember Trotter echoed what Art McDevitt and another neighbor had said. He stated there were two councilmembers who chose not to seek re-election. He stated Councilmember Travis had been serving the town since 1998 and Councilmember Cook since 2000. They actually served the community even before that, and he thanked them for their long service to the town. Councilmember Trotter noted a comment had been made about the parks and recreation bond election in 2002 and the political aspect of how this had been played now. He stated many people in the audience and the council worked hard on the election. He stated it sickened him to hear comments about it being a political game. Councilmember Trotter stated every time someone made a comment about delays, he received about 25 phone calls. He did not mind the phone calls, however he wanted to reassure everyone that all of the projects were on schedule, moving forward, and had the full support of the Council. Regarding political issues, Councilmember Trotter the comments that concerned him so much were those about citizens losing trust in the Council and local Town government. Someone said, after the election is over, we are still living in this town. He felt the most important thing was to talk about positives, not other people's negatives. He stated it was not an easy thing to serve in a council or board position. The biggest thing about service was the heart of the person. Councilmember Trotter stated even if someone had a shaded past, you have to look at the service now and what they have done for the town. He stated he did not know about the felony accusation in 1999. This accusation happened in 1988. The situation was resolved before Stephani Spruill was on the council, and it did not violate the Charter. He stated he and the citizens all needed to ask if they had the confidence in Stephani Spruill as mayor. He stated he was not going to make a political statement and say yes or no. He added if people had questions about his political beliefs, he would be happy to talk to them. But to ask the Council to make a political statement put them all in a difficult position. He added that he and Councilmember Bentz were going to be working with four new people for at least another year, and that would put them in an unfair position.
Councilmember Travis commented that she didn't like having to be the bell monitor at the meeting, however after the last couple of meetings things were getting out of control. She took it upon herself to do that. She thanked Art McDevitt, Don Stanford and Councilmember Trotter for the nice comments. Councilmember Travis asked that the citizens who did not know the candidates, to contact them and talk to them. She stated there were some great candidates and some who had represented the citizens well in many areas. Councilmember Travis stated she trusted Mayor Pro Tem Spruill and she had represented the Town well and put the needs of the citizens first. She stated everyone had a skeleton in their closet. She stated Mayor Pro Tem Spruill had handled herself well and she respected that about her. She hoped the citizens could make an informed decision about the qualifications. She noted early voting was going on now, and that it was hard to complain if someone didn't vote. She reminded the voters about the Charter amendments. She urged everyone to be as informed as possible and to watch the forum.
"Mayor DeLuca - as almost everybody knows, the reason I'm not running for Mayor again is because I have had chronic laryngitis and my doctors tell me I'm supposed to rest my voice as much as possible. They would kill me if they had seen me over the last few days. But there are a few things I wanted to say. Many people have indicated that I have had something to hide or that I have hidden Stephani's background. Nothing could be further from the truth. After the incident with Rick Randall, which was an embarrassment for the town, every candidate who has indicated they wanted to run, I've sat down with them and I've talked with them. And I've asked them if there is anything we need to know about. Is there anything about your background, Stephani was very open and candid, and she said then, I don't know how many years ago it was but, many, many years ago, I was in my 20's, early 20's. I was charged with theft. I received deferred adjudication and the case was dismissed by the court. I checked it out. And what she told me was the truth. I also sought legal advice - was this any violation of any Town Charter, any state law. I was correctly informed that it wasn't. It was a mistake she made a long time ago. She admitted it. She paid it back. She moved on. Some people are comparing it to other candidates' indiscretions, and those were all current. Some of them were under suit while running for council for not paying taxes, not paying child support, and I consider something that happened 20 years ago versus something that happens when your are running for office to be different. Anybody who has asked me about it, I've always been upfront and honest about it. So I don't feel like I've hidden anything from anybody. There seems to be during this election so many red herrings thrown out there. You know, Stephani this, or you hid that, and not any fresh ideas and good discussion about the issues that are affecting our community and the important challenges we have ahead. That really worries me because that's what it's supposed to be about. It's not supposed to be about sensational headlines and whisper campaigns. When I hear from a candidate I want to hear "what do you want to do for our town, what do you want to change, what don't you like, what do you like" - not "what did Stephani Spruill do 20 years ago." I'm very concerned about that. I think that when you drive around and look at our community, you see what this administration has done over the last six years -with the SMARTGrowth Plan, the Master Plan, tree preservation ordinances, conservation developments, beautiful new shopping areas with elegant architecture, plush landscaping. Those are the reasons that we have been named the best place to live in Texas, not what Stephani did 20 years ago, but because of her votes and because of all of us making decisions about what's best for Flower Mound, and being willing to take those challenges, put our neck on the line, when we were legally challenged, fighting through those processes. It's really easy for people to come back now and say `oh yeah, I support SMARTGrowth.' Well, where were you at the public hearing when we were up here taking flack for it. We did face those challenges. I've also heard about campaign signs. We have campaign signs on large landowner properties. I'm very proud of the large landowner properties that I have my campaign signs on, because those landowners are good stewards of their property, and they are doing beautiful things with their property. A few of them, I've even talked to them about conservation easements. They are not talking to me about building apartments, building shopping centers. They are talking about being good stewards and doing beautiful things with their property. On the other hand, when I drive around town and I see the all the landowners who have sued us over the years, to build apartments, to build increased housing density, to build shopping centers and hospitals in the middle of the Cross Timbers Conservation Development District. When I see other people's campaign signs on every single one of those properties, that worries me. I'm very proud of where my campaign signs are and I take great care in not only asking for permission but also making sure that I want my name represented on that piece of property as well, and that I take great care in talking to them to make sure they also want my name represented on their piece of property. I think that's very important. I received numerous e-mails and phone calls from people who have said, hey, all these signs are up on my property without my permission. I have the e-mails with me tonight. There was also a comment made at the forum on Saturday that the owner of Kwik Kar had called and said our signs were on his property without his permission. He called my house seven times today to say what should I do. Should I come up there? Should I write a letter? Because he contacted us for campaign signs. And he's been a good friend for years, and we take our cars there, and he and my husband go out and have coffee. He lives here in Flower Mound, and that's just no big deal. So, with that said I do have comments that I'd like to make for the outgoing councilmembers. I will save those for the last meeting and hopefully my voice will be even stronger, because it does get to be stronger every day. And I think that it's going to come back real soon. A lot of people said heck, you should have run for Mayor again, but I'm glad I didn't and all these people that have said, oh you have these higher campaign aspirations all these years. I never have. I'm going down instead of up because I came and I did what I wanted to do. I wanted to get growth controlled in this town. We adopted the SMARTGrowth Plan. I wanted a real Master Plan that took into account existing zoning, not that misrepresented facts to the citizens. We got that done. We got tree preservation done. We got economic development. We got the very first recreational bond package approved by the voters of Flower Mound. All previous others for recreation facilities had been turned down by voters. This was the first one approved. I'm very proud of our accomplishments. I would just ask - Stephani has really taken a lot of heat over the past few years, or over the past few weeks, and of course all of this stuff was anonymously sent to the newspapers, so people who say they did their investigation, I think that the newspapers have reported it was anonymously sent to them, so everybody can make their own judgment about that. But I would just ask voters to take all that into consideration. Vote your heart. Vote your conscience. Drive around town and look. If you like what you see. If you don't. Make your own decision, but do please go vote, because it's a very important right that you have. Thank you."
"Mayor Pro Tem Spruill - Ladies and gentlemen, I would just like to end our Mayoral and Councilmember announcements telling you I stand on my record of public service, and I would urge you that if you have questions or you want to speak with me. I appreciate those that have called. I'm more than willing to answer your questions. My home telephone number is 972.724.2476. It's listed on the town website. It's listed on the back of the newsletters. Please call me if you have questions."
J. TOWN MANAGER REPORT
No report.
The Council took a break between 8:55 p.m. and 9:25. Town Attorney Terry Welch left the meeting due to illness and Town Attorney Robert Brown took his place.
Mayor Pro Tem Spruill read the items on the Consent Agenda.
Councilmember Trotter made a motion to approve by consent, Items 3, 4, 5, 6, 7, and 8. Councilmember Bentz seconded the motion. Each item, as approved by consent, is restated below along with the approved recommendation for each, for the record.
1. Consider approval of minutes from a regular meeting of the Town Council held on April 5, 2004. (This item was tabled at the April 19, 2004 meeting).
This item was removed from the Consent Agenda at the request of Mayor DeLuca.
2. Consider approval of minutes from a regular meeting of the Town Council held on April 19, 2004.
This item was removed from the Consent Agenda at the request of Mayor Pro Tem Spruill.
3. Consider approval of canceling the May 17, 2004 regular meeting of the Town Council and calling a special meeting on May 25, 2004.
RECOMMENDATION: Approve canceling the May 17, 2004 regular meeting of the Town Council and calling a special meeting on May 25, 2004.
4. Consider approval of a contract with Halff Associates, Inc. to provide professional engineering services for design of the Silveron/Lakeside Bridge Lighting Project in the amount of $6,500.00, and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a contract with Halff Associates, Inc. to provide professional engineering services for design of the Silveron/Lakeside Bridge Lighting Project in the amount of $6,500.00, and authorize the Mayor to execute same on behalf of the Town.
5. Consider approval of a resolution authorizing the Mayor to execute a proposal to be submitted to the North Central Texas Council of Governments for a Fiscal Year 2004/05 Solid Waste Implementation Project to expand collection and management of household hazardous wastes; and acceptance of moneys, if grant is awarded.
RECOMMENDATION: Approve Resolution No. 10-04 authorizing the Mayor to execute a proposal to be submitted to the North Central Texas Council of Governments for a Fiscal Year 2004/05 Solid Waste Implementation Project to expand collection and management of household hazardous wastes; and acceptance of moneys, if grant is awarded. The caption of the resolution reads as follows:
RESOLUTION NO. 10-04
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE IMPLEMENTATION PROJECT TO EXPAND AND COLLECT HOUSEHOLD HAZARDOUS WASTE; AUTHORIZING LORI L. DELUCA, MAYOR, TO ACT ON BEHALF OF THE TOWN OF FLOWER MOUND IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE TOWN OF FLOWER MOUND WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS
6. Consider approval of a proposal to be submitted to the Texas Comptroller of Public Accounts for a Tobacco Compliance Grant, to help defray costs associated with compliance education, and enforcement of tobacco regulations; and acceptance of moneys if grant is awarded, and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a proposal to be submitted to the Texas Comptroller of Public Accounts for a Tobacco Compliance Grant, to help defray costs associated with compliance education, and enforcement of tobacco regulations; and acceptance of moneys if grant is awarded, and authorize the Mayor to execute same on behalf of the Town.
7. Consider approval of a proposal to be submitted to the U. S. Department of Justice for a grant to fund the hiring of three new, additional school resource officers under the COPS in Schools Program; and acceptance of moneys if grant is awarded, and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a proposal to be submitted to the U. S. Department of Justice for a grant to fund the hiring of three new, additional school resource officers under the COPS in Schools Program; and acceptance of moneys if grant is awarded, and authorize the Mayor to execute same on behalf of the Town.
8. Consider approval of a resolution in support of the 2004 Denton County Bond Election (TRIP-04 & More) as submitted by the Denton County Citizen Bond Committees and approved by the Denton County Commissioners Court.
RECOMMENDATION: Approve Resolution No. 11-04 in support of the 2004 Denton County Bond Election (TRIP-04 & More) as submitted by the Denton County Citizen Bond Committees and approved by the Denton County Commissioners Court. The caption of the resolution reads as follows:
RESOLUTION NO. 11-04
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, SUPPORTING THE 2004 DENTON COUNTY BOND ELECTION HEREBY KNOWN AS "TRIP-04 & MORE" AS SUBMITTED BY THE DENTON COUNTY CITIZEN BOND COMMITTEES AND APPROVED BY THE DENTON COUNTY COMMISSIONERS COURT ON MARCH 9, 2004 AND ENCOURAGE THE RESIDENTS OF DENTON COUNTY TO VOTE FOR ITS PASSAGE ON MAY 15, 2004.
VOTE ON THE MOTION
AYES: Cook, Spruill, Trotter, Travis, Bentz
NAYS: None
L. REGULAR ITEMS
1. Consider approval of minutes from a regular meeting of the Town Council held on April 5, 2004. (This item was tabled at the April 19, 2004 meeting). (This item was removed from the Consent Agenda at the request of Mayor DeLuca.)
Mayor DeLuca stated this item was removed because the comments that she believed had already been fixed regarding Randal Wilson's comments about the softball game and why each high school was supporting each team based on their colors. She asked Town Secretary Paula Lawrence to speak to that.
Ms. Lawrence stated Mayor DeLuca had asked for that clarification, however she had not included the changes in the packet that the Council had received over the weekend. She stated the changes had been made, and the language now included that Marcus High School was chosen to represent the Fire Department because of their red colors, and Flower Mound High School was chosen because of their blue colors for the Police Department.
Mayor DeLuca stated she just wanted it to be clear why each high school was supporting the departments.
Councilmember Travis moved to approve the minutes from a regular meeting of the Town Council held on April 5, 2004. Councilmember Trotter seconded the motion.
Councilmember Travis amended her motion to include the changes as addressed by Ms. Lawrence. Councilmember Trotter seconded the amendment.
VOTE ON THE MOTION
AYES: Bentz, Travis, Trotter, Spruill, Cook
NAYS: None
2. Consider approval of minutes from a regular meeting of the Town Council held on April 19, 2004. (This item was removed from the Consent Agenda at the request of Mayor Pro Tem Spruill.)
Mayor Pro Tem Spruill stated she pulled this item in order to allow Town Secretary Paula Lawrence to include some items that were omitted.
Councilmember Travis moved to table this item until the special Town Council meeting on May 25, 2004. Councilmember Trotter seconded the motion.
VOTE ON THE MOTION
AYES: Cook, Spruill, Trotter, Travis, Bentz
NAYS: None
9. Public Hearing (SUP/SP 269-03) to consider a request from Oncor for a Specific Use Permit for Oncor Transmission Division Flower Mound Substation, to consider adopting an ordinance providing for said Specific Use Permit, and subject to the terms and conditions in the attached Development Agreement, and authorization for the Mayor to execute same on behalf of the Town. Specifically, the request is to allow an electrical substation on approximately 2.755 acres of land located in the Joseph Knight Survey, Abstract No. 692 and a modification of Section 82-302(1), Compatibility buffer of the Land Development Regulations. The property is generally located north of Lakeside Parkway and east of International Parkway/FM 2499. (The Planning and Zoning Commission recommended approval by a vote of 6 - 0 at its April 12, 2004, meeting.)
Mayor Pro Tem Spruill stated Councilmember Bentz would recuse herself due to a conflict of interest.
Mayor DeLuca asked if it was really a conflict of interest that Councilmember Bentz was a substitute teacher for the LISD or was this being done out of an abundance of caution.
Town Attorney Robert Brown responded it was probably not a conflict the way it was described here, but if Councilmember Bentz felt there was a substantial interest, it was his recommendation that the Council err on the side of caution and that she should complete the Affidavit. He stated she had executed the Affidavit.
Mayor Pro Tem Spruill stated the reason Councilmember Bentz wanted to abstain was because she was a substitute teacher and felt like there could be a conflict.
Town Manager James commented that another basis for this was the Town's Code of Ethics, which was more stringent in this particular instance than applicable state law. He stated it was in relation to either owning property or having an interest in property that was within the 200 foot notice requirements adjacent to the Specific Use Permit. He added that the LISD was in the 200 foot area, and Councilmember Bentz derived a portion of her income from the LISD.
Staff Presentation
Doug Powell, Assistant Executive Director of Development and Environmental Services, showed an old aerial of the site, noting the site was approximately 345 feet from the right-of-way of Spinks Road and 677 feet from Lakeside. At the Planning & Zoning Commission meeting there were many statements about the distance to the school. Staff had not measured it, but according to the applicant, there was approximately 850 feet from the substation to Bluebonnet Elementary School. Mr. Powell showed the existing transmission lines across the property. There was also discussion after the Commission meeting regarding the driveway going into Home Depot. He stated the development agreement called for a temporary driveway only for the substation. Oncor had indicated that they would only have one truck servicing the site a month. It would be chained and locked. Mr. Powell stated with the ultimate development of the property, the Town would want to align the driveways up with the median and the entrance to Home Depot. Mr. Powell showed the landscaping plan. In most cases with the compatibility buffer, the fence was at the property line. In this case the fence was on the inside with the landscaping on the outside. He stated there was no development around the site currently, and staff believed this would enhance the beauty of the ultimate development of the site. Mr. Powell stated there were four conditions as part of the Specific Use Permit including the modifications to the compatibility landscaping.
Applicant's Presentation
William Cothram, Master Plan Consultants
Mr. Cothram explained how the electrical system worked. He stated the generating plant was where the power was made. The power is sent over transmission lines. The lines are generally the lines on very tall poles. Companies are now using monopoles. Very high voltage lines ran on those poles. The poles come on through a system to a substation. A series of transformers are inside the substation, and the purpose was to take the power going over the tall poles into the substation at a high power rating and step the voltage down through these transformers to a lower voltage. They come out and sometimes they are above ground and sometimes below. It had to do with where the existing distribution system is. When you leave the substation you have gone from transmission to distribution, because the electricity is being distributed to the area in which it is used. Many poles now had several lines on them including electricity, cable and telephone. He stated this was simply another infrastructure just like utilities.
Mr. Cothram stated the electricity traveled along those poles with step-down voltage. Sometimes there might be a 4-5 foot tall round canister looking piece of equipment. That was a smaller transformer. The purpose of that transformer was that the power was still too high to go to the customer or user, so it stepped it down one more time. I would leave that transformer and go into the meter of the home or business. At that point it has been stepped down to the power that can be used. Mr. Cothram stated the substation had a series of transformers that looked like cabinets. He stated there was no electricity that went through there that didn't already exist on the transmission lines coming in, passing through, and going out on the transmission lines. He stated there was much discussion at the Commission meeting about Electro Magnetic Fields (EMFs). He stated EMF was caused by the power lines that already exist. Exhibit B showed the various places where there are existing substations. The substation to the north is at the McKamy substation. Because they would be relieving the McKamy substation of much of the service area, they will not have to run as high a voltage as now. Whatever EMF that does exist from the point where the new substation is all the way up to the McKamy substation will be less than it would have been before because the power will be stepped down from the station at the north. Exhibit C showed the four existing substations. Mr. Cothram explained why another one substation was needed. He stated cell towers and substations had to service the area where they were. He stated you can't run a number of distribution lines from one point because each substation was rated and there could only be a certain amount of load on the substation. He added that the longer the lines run from the substation to the user, there was a friction loss. At the end of the lines there might be unreliability. There are a number of substations and sometimes have 100% peak load. If a substation was to fail in any one of these, and you were close to 100% at all of them, there was no load there and a new substation was needed. Exhibit D showed how the new areas would be when the new substation was introduced.
Mr. Cothram stated they were requesting to put the landscaping on the outside of the fence. He stated there was concern expressed as to whether there was any danger to the school. He stated the EPA had concluded there were no definitive studies that had been done that indicated that even the power lines caused cancer. He noted the substation would be 850 feet away from the school. He had an expert that informed him because the lines were so high, the power in the substation would be reduced. By the time someone got 50 feet away from where the transformers were, the levels of EMFs were equal to or less background. Standing within a foot or two of a range or microwave oven, you would be exposed to more EMF than you would standing 100-200 feet away from the high power lines or standing right by the wall at the edge of a substation. Travis
Councilmember Travis asked about the stepping down process. Right now the McKamy substation handled the majority of the flow going through the lines, so with the proposed substation, then the current that would be going over or near Bluebonnet Elementary and the future middle school would be reduced.
Mr. Cothram stated it would be about a third less than what it is today.
Councilmember Travis asked for clarification that there would be no new electricity going through the lines.
Mr. Cothram stated that no electricity goes through the substation that doesn't exist on the lines. Whatever is on the lines goes into the substation and the voltage is reduced to send out to the distribution lines.
Councilmember Travis asked if there will be a need for future transmissions lines going north or south with the development of the Lakeside Business District.
Mr. Cothram stated not necessarily because of the Lakeside Business District. He stated the need for transmissions lines was a much bigger issue than just a substation because the inter-connect all over the area. He stated if something went out you can reverse flow. He could not promise that at some point in the future, there might not be a need for more transmissions lines.
Councilmember Travis asked Mr. Cothram if he felt like there would be a need to expand the substation in the future. She was concerned that he might need more acreage.
Mr. Cothram stated they would not expand the size of the substation. When one is put in, it is planned for an ultimate load. They don't necessarily put all the transformers in at one time. As the load continues to expand, they add more transformers.
Councilmember Travis clarified that he would not be expanding the site. The expansion would be inside the substation.
Councilmember Trotter stated the two main concerns he had heard were the danger in a sense to the school, and the electricity flowing through the lines being reduced. Many neighbors had asked about the substation being 850 feet away from the school. He asked how the substation would be protected from the children playing around it. He asked for comments about some of the things that might be built around the substation in the future. He noted it would not be directly across from the school.
Mr. Cothram stated the land under the Town's plan called for various types of commercial uses. He stated there would be a wall around the substation, and it would be difficult to get over it. There would be thick landscaping around the wall. The history for his company was that little kids cannot scale the wall and bigger kids know they can get electrocuted. He noted there also was barbed wire inside the station.
Councilmember Trotter reviewed that for children to access the substation they would have to travel 850 feet, around buildings, commercial development, scale an eight foot wall after they jumped through a bunch of bushes and then go through some barbed wire. He felt that was pretty safe.
Mr. Cothram clarified that until the buildings were built, Elmer Powell (who owned the surrounding property) had a barbed wire fence on his property, so they would have to get through that to even get to the substation.
Mayor DeLuca noted that the substation would be about three football fields away from the school.
Open Public Hearing
Questions and Answers None
In Opposition None
In Support None
Close Public Hearing
Council Deliberation
Councilmember Travis stated when she first heard about the request, she was concerned as her daughter will go to Bluebonnet this next year. She stated the applicant did an excellent job answering questions at the Commission meeting. She had been concerned about the distance from the school, the flow of electricity, future development of adding lines, and such. She liked that the voltage and power would be decreased. She stated the lines were there before the residential area, and she didn't care for the fact that the school built so close to the lines. She liked that the substation was moved farther back off of Spinks. It will not be seen from many of the residences and the school. She stated that the expectation would be that they do a great job with the landscaping. Councilmember Travis stated she would support this request because they had taken care of her concerns as a mother and parent.
Councilmember Trotter stated before this came to the Commission, he received many e-mails from parents about the substation. He complimented Mr. Cothram, Dr. Zwiker and the Commission for answering all the questions. He was appreciative of this substation going in and the fact that if there was a danger with the power lines, it was being reduced by 30%. He stated it would be about three football fields away, and he was comforted by the fact of the safety and the buffering from the school.
Councilmember Cook agreed with all the comments and was in favor of the request.
Mayor Pro Tem Spruill commented that it was helpful that they called Bluebonnet and asked to speak at their PTA meeting. She stated she was very concerned before the Commission meeting and had received e-mails from parents. She stated he helped with the education process, and this was evidenced by no opposition at this meeting.
Mayor DeLuca appreciated him meeting with the neighbors and the school by taking a proactive approach. All her concerns were answered.
Councilmember Trotter moved to approve SUP/SP 269-03, a request for a Specific Use Permit for Oncor Transmission Division Flower Mound Substation, and adopt Ordinance No. 36-04 providing for said Specific Use Permit, subject to the terms and conditions in the attached Development Agreement, and authorization for the Mayor to execute same on behalf of the Town. Specifically, the request is to allow an electrical substation on approximately 2.755 acres of land located in the Joseph Knight Survey, Abstract No. 692 and a modification of Section 82-302(1), Compatibility buffer of the Land Development Regulations subject to the conditions noted below. The property is generally located north of Lakeside Parkway and east of International Parkway/FM 2499.
1. The Specific Use Permit granted herein is specific to Oncor at the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the Town Council.
2. The attached site plan, labeled Exhibit "B," an exhibit to the Specific Use Permit, shall be developed as approved, except that minor changes outlined in Section 82-37 of the Land Development Regulations may be approved as set forth in that section.
3. A modification to the requirement for the construction of a brick or masonry wall along the property line provided for in Section 82-302(1), Compatibility buffer, of the Land Development Regulations, along the north, south, and east property boundaries as noted on "Exhibit B."
4. If a building permit application has not been submitted to the Town's Building Inspection Division for consideration of a building permit within one year of approval of the ordinance, the zoning for this property, including the Specific Use Permit described herein, will be a matter that will be automatically placed upon a subsequent Planning and Zoning Commission agenda for consideration as a Town-initiated zoning change under normal zoning amendment procedures.
The motion was seconded by Councilmember Travis. The ordinance caption reads as follows:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE OFFICIAL ZONING MAP, EXHIBIT "A" OF SUBPART B, LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, AND CHANGING THE ZONING ON APPROXIMATELY 2.755 ACRES OF LAND IN THE JOSEPH KNIGHT, ABSTRACT NO. 692 FROM AGRICULTURAL DISTRICT (A) TO AGRICULTURAL DISTRICT (A) SUBJECT TO SPECIFIC USE PERMIT NO. 269 AND SITE PLAN FOR AN ELECTRICAL SUBSTATION, IN ACCORDANCE WITH THE TOWN'S MASTER PLAN 2001 AND IN ACCORDANCE WITH SPECIFIC REQUIREMENTS STATED HEREIN AND EXHIBITS ATTACHED HERETO; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Travis, Trotter, Spruill, Cook
NAYS: None
ABSTAIN: Bentz
10. Public Hearing (SUP/SP 289-04) to consider a request for a Specific Use Permit for Wayne Yarbrough and to consider adopting an ordinance providing for said Specific Use Permit. Specifically, the request is to allow for an accessory dwelling and caretaker's residence, on approximately 60 acres in the M. E. P. and P. Railroad Survey, Abstract No. 935. The property, zoned Agricultural, is generally located on the northeast corner of Cross Timbers Road (FM 1171) and Shiloh Road. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its April 12, 2004, meeting.)
Doug Powell, Assistant Executive Director of Development and Environmental Services, stated the subject property was on the northeast corner of Shiloh Road and FM 1171. The main residence would be built in an area devoid of trees. On the site plan, the green boxes represented existing buildings. The caretaker's residence would be built on the northeast corner of the property. The applicant would use the existing driveways from FM 1171 and Shiloh Road. He noted that the caretaker's residence must be a minimum of 1,450 square feet. He reviewed the accessory dwelling regulations. Mr. Powell stated this was a 60-acre site located in the Cross Timbers Conservation Development District. There would be one property owner using the land for one residence. Mr. Powell stated there were three standard conditions in the Planning & Zoning Commission recommendation.
Applicant's Presentation
Allen Busell, GEES, Inc.
Mr. Busell stated he was representing Wayne Yarbrough on this request. He noted Mr. Yarbrough wanted to provide a beautiful horse ranch. The applicant was requesting a main residence, caretakers building, and accessory building next to the lake.
Staff Presentation
Open Public Hearing
Questions and Answers
Sylvia Inboden, 2017 Brookville Lane, Flower Mound
Ms. Inboden asked Mayor DeLuca and Mayor Pro Tem Spruill to recuse themselves. She stated as of 6:00 p.m. their campaign signs were on the property. She stated the placement of political signs at the very least constituted a favor, and she felt it was unethical for them to remain involved in the public hearing and to vote. She stated that a higher ethical standard said there should be no impropriety, or appearance of such.
Town Attorney Robert Brown responded there was no conflict of interest with state law or the Town's Code of Ethics. There was no basis of law that any Councilmember would have to recuse themselves from taking action on a piece of property just because the property owner chooses to express their political views.
Mayor DeLuca commented that she talked to an attorney at the Texas Ethics Commission today and after a chuckle he assured her there was no conflict. She noted that she did not vote anyway.
In Opposition None
In Support None
Close Public Hearing
Council Deliberation
Councilmember Bentz thanked Mr. Yarbrough for the good care of his beautiful property. She was delighted to see that it would be maintained as a low-residential impact, open space friendly environment. She appreciated his efforts and staff's extra work.
Councilmember Travis thanked the Yarbrough's for their project. She stated it was a beautiful horse ranch and would be a beautiful property. She admired the property and looked forward to seeing the new buildings.
Councilmember Trotter congratulated the Yarbrough's on their new investment.
Mayor Pro Tem Spruill stated the Yarbrough's had expressed their vision for the property, and it would be an asset to the Town. She felt it was the very best way to use the land and was in support of this agenda item.
Mayor DeLuca stated this use was exactly the type of development the Town was trying to encourage in the Cross Timbers Forest. She was touched by the beautiful things they were doing with the property.
Councilmember Travis moved to approve a Specific Use Permit (SUP/SP 289-04) for Wayne Yarbrough and adopt Ordinance No. 37-04 providing for said Specific Use Permit. Specifically, the request is to allow for an accessory dwelling and caretaker's residence on approximately 60 acres in the M. E. P. and P. Railroad Survey, Abstract No. 935. The property, zoned Agricultural, is generally located on the northeast corner of Cross Timbers Road (FM 1171) and Shiloh Road, subject to the following conditions:
1. The Specific Use Permit granted herein is specific to Wayne Yarbrough at the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the Town Council.
2. The attached site plan, labeled Exhibit "B," an exhibit to the Specific Use Permit, shall be developed as approved, except that minor changes outlined in Section 82-37 of the Land Development Regulations may be approved as set forth in that section.
3. If a building permit application has not been submitted to the Town's Building Inspection Division for consideration of a building permit within one year of approval of the ordinance, the zoning for this property, including the Specific Use Permit described herein, will be a matter that will be automatically placed upon a subsequent Planning and Zoning Commission agenda for consideration as a Town-initiated zoning change under normal zoning amendment procedures.
The motion was seconded by Councilmember Bentz. The ordinance caption reads as follows:
ORDINANCE NO. 37-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE OFFICIAL ZONING MAP, EXHIBIT "A" OF SUBPART B, LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, BY CHANGING THE ZONING ON AN APPROXIMATELY 60.516 ACRE TRACT OF LAND IN THE M.E.P. & P. RAILROAD SURVEY, ABSTRACT NO. 935, FROM AGRICULTURAL DISTRICT (A) TO AGRICULTURAL DISTRICT (A) SUBJECT TO SPECIFIC USE PERMIT NO. 289 FOR A CARETAKER RESIDENCE AND ACCESSORY DWELLING, IN ACCORDANCE WITH SPECIFIC REQUIREMENTS STATED HEREIN AND EXHIBITS ATTACHED HERETO; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Cook, Spruill, Trotter, Travis, Bentz
NAYS: None
11. Public Hearing (SUP-266-04) to consider a request from Kwik Industries, Inc., for a Specific Use Permit for a Car wash, full-service and to consider adopting an ordinance providing for said Specific Use Permit. Specifically, the request is to amend the site plan approved with Specific Use Permit No. 266, which allows for a full-service car wash and site plan on a 2.62-acre tract of land in the J. Wizwell Survey, Abstract No. 1346. The property, zoned Planned Development District No. 29 (PD-29) for Retail District-2 (R-2) uses, is generally located south of Flower Mound Road, west of Long Prairie Road/FM 2499, and east of McKamy Creek Road at 2801 Flower Mound Road. (The Planning and Zoning Commission recommended approval by a vote of 6 - 0 at its April 12, 2004, meeting.)
Staff Presentation
Doug Powell, Assistant Executive Director of Development and Environmental Services, stated on July 21, 2003, a Specific Use Permit was granted for this site. During the construction process, the applicant found changes that he wanted to make. The applicant was requesting to remove six spaces and put in a covered awning for drying after the cars come out of the car wash. They desired to move the six spaces to the southwest on existing pavement. The applicant also wanted to change the roof color to a darker green to match the cantilever. There were minor changes in reducing the size of the office building. He stated there were eight conditions as a part of this that were really a carryover from the original Specific Use Permit. Mr. Powell stated the Planning & Zoning recommended approval.
Applicant's Presentation
Sid Hollingsworth, Kwik Industries, Dallas
Mr. Hollingsworth pointed out that the cantilever they wanted was much nicer than what was shown. He stated they were spending $3.6 million on the business, and it would be very nice looking.
Councilmember Trotter asked about the relationship of the awning to the neighborhood.
Mr. Hollingsworth stated the canopy would back up to the substation. He spoke to Gala Whatley, a neighbor, and the neighborhood had no problems with the request.
Open Public Hearing
Questions and Answers None
In Opposition None
In Support None
Close Public Hearing
Council Deliberation
Councilmember Bentz stated she was eagerly waiting for the project to be done, and she felt it would be extremely successful.
Mayor Pro Tem Spruill appreciated the applicant's willingness to change the color and for working with the neighbors. They were being consistent with the Town's needs and the neighbors' needs.
Mayor DeLuca expressed appreciation to the applicant for changing the plantings based on people's allergies. She stated the applicant had been very cooperative.
Councilmember Travis moved to approve SUP-266-04, a request from Kwik Industries for a Specific Use Permit for a Car wash, full-service, and adopt Ordinance No. 38-04 providing for said Specific Use Permit. Specifically, the request is to amend the site plan approved with Specific Use Permit No. 266, which allows for a full-service car wash and site plan on a 2.62-acre tract of land in the J. Wizwell Survey, Abstract No. 1346, subject to conditions noted below. The property, zoned Planned Development District No. 29 (PD-29) for Retail District-2 (R-2) uses, is generally located south of Flower Mound Road, west of Long Prairie Road/FM 2499, and east of McKamy Creek Road at 2801 Flower Mound Road.
1. The Specific Use Permit granted herein is specific to Kwik Industries, Inc., at the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the Town of Flower Mound.
2. The attached amended site plan, labeled Exhibit "B," an exhibit to the Specific Use Permit, shall be developed as approved, except that minor changes outlined in Section 82-37 of the Land Development Regulations may be approved as set forth in that section.
3. The wattage for the wall-pack lighting on the building shall be reduced to 100 watts or less. All other lighting shall be in compliance with the Town's codes.
4. The existing trees along the property line, inside the existing TXU overhead power-line easement, shall remain pending approval from TXU.
5. A waiver to the requirement for a continuous berm and understory plants provided for in Section 82-302(2), Compatibility buffer, of the Land Development Regulations, along the southern property boundary adjacent to Lot 10, Block C of The Villages of Northshore Addition, as noted on "Exhibit B," is granted.
6. General repairs and servicing of motor vehicles shall not be allowed within the inspection bay area.
7. Motor vehicles shall not be parked overnight within this site.
8. If a building permit application has not been submitted to the Town's Building Inspection Division for consideration of a building permit within one year of approval of the ordinance, the zoning for this property, including the Specific Use Permit described herein, will be a matter that will be automatically placed upon a subsequent Planning and Zoning Commission agenda for consideration as a Town-initiated zoning change under normal zoning amendment procedures.
The motion was seconded by Councilmember Trotter. The ordinance caption reads as follows:
ORDINANCE NO. 38-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE OFFICIAL ZONING MAP, EXHIBIT "A" OF SUBPART B, LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING ORDINANCE NO. 40-03 TO INCLUDE AN AMENDED SITE PLAN ON APPROXIMATELY 2.62 ACRES OF LAND IN THE J. WIZWELL SURVEY, ABSTRACT NO. 1346, BEING LOT 1, BLOCK 1 OF THE KWIK AT FLOWER MOUND ADDITION, ZONED PLANNED DEVELOPMENT DISTRICT NO. 29 (PD-29) FOR RETAIL DISTRICT-2 (R-2) SUBJECT TO SPECIFIC USE PERMIT NO. 266 AND SITE PLAN FOR A CAR WASH, FULL-SERVICE, IN ACCORDANCE WITH THE TOWN'S MASTER PLAN 2001 AND IN ACCORDANCE WITH SPECIFIC REQUIREMENTS STATED HEREIN AND EXHIBITS ATTACHED HERETO; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bentz, Travis, Trotter, Spruill, Cook
NAYS: None
12. Public Hearing (MPA 07-03) to consider an amendment to Section 1.0 Land Use Plan Map in the Land Use Plan component of Master Plan 2001 and to consider adopting an ordinance providing for said amendment. Specifically, the request is to correct an error in the Land Use Plan Map from Park uses to Estate Residential uses on approximately 4 acres of land within Tracts 2 and 3 of the B. Waters Survey, Abstract No. 1378. The property is generally located south of Wichita Trail and on the west side of Simmons Road. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its April 12, 2004, meeting.)
Staff Presentation
Doug Powell, Assistant Executive Director of Development and Environmental Services, stated this was a Town-initiated item to correct the future Land Use Map. He noted that the Council was in receipt of correspondence from previous staff members that this had been known about since 2001. He stated most recently the property owner came to the Town as the Town was trying to purchase right-of-way on Simmons Road. He stated the property was located to the west of Simmons Road. There were two tracts totaling about four acres. Mr. Powell stated the request was Town-initiated as a result of the property owner inquiring about the land use designation for park uses. It was to correct an error in the land component of Master Plan 2001. He stated the zoning was currently Agricultural. He stated the item appeared to be an inadvertent error that the property was not a park and was under private ownership. It was never intended for a park. The proposal was to combine it with the adjacent property so it would develop in a similar manner. Mr. Powell stated the property owner supported the request and had submitted a letter as such.
Mayor DeLuca asked Mr. Powell to read the letter into the record.
"Dear Sirs:
I am not able to be present at the meeting in which my land is the issue.
As everyone is in agreement with, my land was never zoned to be a future park. It was a simple mistake when they drew up the "Future Land Use" map. It is and has always been zoned Agricultural, which I intend to keep it.
Before I bought the property, I questioned the Town of Flower Mound about the "future land use" map hanging on the wall, and I was told that it was a mistake, and it would be corrected. I also received the attached letter from Sam Paschal, Executive Director of Development Services for Flower Mound. He again assured me that it was a mistake.
As you know, The Town of Flower Mound is the one initiating this correction, along with my approval.
Thank you.
James B. Cole"
Mr. Powell stated since this was a Town mistake, staff believed it was appropriate for it to be amended. He understood that a couple more of these had come through in the last couple of years. He stated anytime an overall map was adopted, there were mistakes or scrivener's errors.
Mayor Pro Tem Spruill remembered when the process was ongoing, and the maps were at the public hearings, that sometimes random places were shown as parks and they were not necessarily park grounds. She asked if this was part of that process. Mayor Pro Tem Spruill stated sometimes people were up in arms saying park land was shown on their property, and it was not parkland. She stated they were trying to show in concept an area or vicinity that may be good for park land. She remembered there were times when it was not real specific.
Town Manager James recalled the consultants using an approach that was used in the 1994 Master Plan. He stated the 1994 Master Plan had identified on the Land Use Plan those existing parks and proposed future parks. They used the color green for existing parks and they used circles or squares to identify the generic park locations. He stated the Town used the same consultants (although they were employed by a different firm at the time in conjunction with the 1997 Land Use Plan). He believed they began to employ that same technique as they were going through the public hearing process, and they were showing different proposed general locations for parks, and people were misinterpreting that. Wherever the dot ended up, people were interpreting that as a specific location for a park, instead of a generic location. They were supposed to have been removed in conjunction with the update, and there was a departure from that approach, and the intent was to only identify existing parks on the 1997 Land Use Plan. Town Manager James stated he had not had time to research it, however his hunch was that this was one of the locations that was intended to be a generic location that did not get removed from the plan. He stated the Town has never specifically designated future park sites on private property. To have identified that as a park under private ownership would be quite a departure from anything the Town had done in the past, at least during his tenure with the Town.
Mayor DeLuca asked for the specific designation of this property in the 1994 Master Plan.
Town Manager James stated he was not certain, but it was probably either Estate or possibly medium density residential. Subsequent to the 1994 Master Plan, there was not an Agricultural or Rural Density designation. The Estate density was the largest lot land use category that was identified. Several properties in the western portion of the Town were zoned Agricultural, which at that time, and even prior to 1994 was an interim holding use. If they were re-zoned from Agricultural, they would have to be zoned in accordance with the Master Plan, which would have been Estate zoning in this instance.
Open Public Hearing
Questions and Answers
Paul Stone, 709 Lake Bluff Drive, Flower Mound
Mr. Stone asked that in the future staff would make sure that greater care be given to something like this. He noted that Mayor DeLuca had commented before that the level of care in the 1994 plan and the calculations for existing zoning compared to Master Plan 2001 were different. He stated he did not understand how this could have happened. Having been on the Park Board and looking over the master plan maps, he heard what Town Manager James had said about putting the dots on general vicinities. Essentially what was happening was that the Master Plan would be changed to increase residential density by removing the Park designation. He noted he had pledged in his campaign and challenged for many years, he would not want to have to vote on this tonight, because he would have to deny it because of the pledges he had made. He stated so that this didn't happen again in the future, care should be taken, especially after making promises. If it was the difference between medium density and low density, he could see where the lines could have strayed, but this was Park, and everyone was a fan if dedicated park as well as open space.
In Opposition None
In Support None
Close Public Hearing
Council Deliberation
Mayor DeLuca stated she understood this was an error and the Town could not say this person's property was park land. She stated she would like more details from the 1994 Master Plan and more details on exactly what happened. She proposed that the Council table this item.
Councilmember Travis stated she saw this as an error. She stated the made a promise to not increase residential density, and she would vote in favor of this because she did not consider this as breaking her promise to the citizens. She added this was an error on the Town's part. To her to even imply that the Council would be voting to increase residential density, she disagreed with Mr. Stone. She did not consider this a true master plan amendment.
Councilmember Bentz stated she would be in favor of tabling this item and also wanted to receive more information on the history of this. Regarding her campaign promises that she made a year ago, she had held them all so far. Her first campaign promise was to uphold the master plan and make sure it was legally defensible. She stated the integrity of the document had to be as perfect as possible.
Councilmember Bentz moved to table this item to the May 25, 2004 special meeting. Councilmember Trotter seconded the motion.
VOTE ON THE MOTION
AYES: Cook, Spruill, Trotter, Travis, Bentz
NAYS: None
M. COORDINATION OF CALENDARS
Town Secretary Paula Lawrence reminded the Council that Town Hall would be closed on July 5, for the July 4th holiday. She asked if the Council wanted to consider having a special meeting on another day.
Councilmember Bentz stated she did not know if she would be in town for the July 19 meeting as she might have a personal family conflict then.
Mayor Pro Tem Spruill asked Ms. Lawrence to bring this up at the next meeting.
N. FUTURE AGENDAS
Town Secretary Paula Lawrence asked if the Council wanted the candidates' statements and all other comments made to be verbatim in the minutes.
The consensus of the Council was to put only the candidates' comments verbatim.
O./P. CLOSED SESSION/OPEN SESSION
13./14.The Town Council convened into closed session at 10:58 p.m. pursuant to Texas Government Code Sections 551.071, 551.072, 551.074 and 551.087 to discuss matters relating to consultation with the Town Attorney, litigation, real property, personnel and economic development negotiations and reconvened into open session at 11:21 p.m. on Monday, May 3, 2004, to take action on the items as follows:
a. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto.
Councilmember Trotter moved to approve the purchase of 0.9674 acres of land for the expansion of the Oak Street Lift Station, in association with the Oak Street Lift Station and Force Main Phase II project, from the Kayasa Family LTD P/S, for the appraised value, plus closing costs and authorized the Town Engineer, or his designee, to execute all documents at closing on behalf of the Town. Councilmember Travis seconded the motion.
VOTE ON THE MOTION
AYES: Bentz, Travis, Trotter, Spruill, Cook
NAYS: None
Councilmember Trotter moved to approve the purchase of 0.3339 acres of right-of-way, in association with the Kirkpatrick Lane Phase II road improvement project, from the Lewisville Corporation of Jehovah's Witnesses for the settlement amount, plus closing costs and authorized the Town Engineer, or his designee, to execute all documents at closing on behalf of the Town. Councilmember Travis seconded the motion.
VOTE ON THE MOTION
AYES: Cook, Spruill, Trotter, Travis, Bentz
NAYS: None
b. Discuss and consider economic development incentives.
No action taken.
c. Discuss and consider appointments to the Keep Flower Mound Beautiful Board.
No action taken.
d. Discuss and consider appointments to the Library Board.
Councilmember Travis moved to appoint Lori Walker to the Alternate No. 2 position on the Library Board, term to expire December 31, 2005.
VOTE ON THE MOTION
AYES: Bentz, Travis, Trotter, Spruill, Cook
NAYS: None
e. Discuss and consider appointments to the Open Space Board.
No action taken.
f. Discuss and consider appointments to the Tree Board.
Councilmember Travis moved to moved James Brown to a regular position on the Tree Board from the Alternate No. 1 position, term to expire April 30, 2005. She further moved to appoint Mellany Lamb to the Alternate No. 1 position, term to expire April 30, 2006. Councilmember Trotter seconded the motion.
VOTE ON THE MOTION
AYES: Cook, Spruill, Trotter, Travis, Bentz
NAYS: None
Q. ADJOURNMENT - TOWN COUNCIL MEETING
Councilmember Travis made a motion to adjourn at 11:24 p.m. on Monday, May 3, 2004 and Councilmember Bentz seconded the motion. All were in favor and the motion passed unanimously.
TOWN OF FLOWER MOUND, TEXAS
_____________________________________
LORI L. DELUCA, MAYOR
ATTEST:
_____________________________________________________
PAULA J. LAWRENCE, TRMC, CMC, TOWN SECRETARY