THE FLOWER MOUND TOWN COUNCIL MEETING HELD ON THE 5TH DAY OF JUNE, 2000 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
Cindy Travis Mayor Pro Tem
Stephani Spruill Councilmember, Place I
Jim Cook Councilmember, Place II
Ted Baze Councilmember, Place III
Sara Wingard Councilmember, Place V
constituting a quorum with the following members of the Town Staff participating:
Van James Town Manager
Paula Lawrence Town Secretary
Terry Welch Town Attorney
Eric Loshelder Deputy Town Manager
Candi Terry Assistant Town Manager
Sam Paschal Director of Community Development
Harlan Jefferson Chief Financial Officer
Bart Stevenson Director of Parks and Recreation
A. CALL TO ORDER
Mayor DeLuca called this portion of the meeting to order at 6:08 p.m.
B. CITIZENS/VISITORS COMMENTS TO COUNCIL
Mr. Wilson commented on Item 8, noting that he had requested that the Friends of the Flower Mound Public Library set up an endowment fund, and he was the first donor. He stated that for every $100,000 donated, the library could receive one book per day per year.
Mr. Stone expressed thanks to Dorothy Walkup and the Customer Relations Division for taking care of his concerns. He stated it appeared there was no local office for the cable TV franchise in the Town. He noted it was great that there was a warning system built into the cable system, however he was surprised that the cable company would interrupt shows to give a severe thunderstorm warning for Fort Worth. Mr. Stone expressed concern over an editorial in The Messenger about the Town deciding not to provide them with information that was provided to other media. He hoped the Council would consider it and ask staff to change the decision.
Mr. Ringmacher informed the Council that 18 months ago there was a door hanger on his front door where a group named "Regular Veterans Association" was asking for contributions of household items. Mr. Ringmacher contacted the Secretary of State's Office, the Texas Attorney General's office and the Veterans Administration Hospital to see if this was a legitimate group. The Regular Veterans Association had forfeited its statewide registration due to non-payment of fees. He asked the Council to make this information available to the citizens and for the media to take some action.
Ms. Brooks announced she would be having a Mother Goose Improvisational Theater every Saturday morning at 10:00 a.m. at the Parker Square Gazebo. She added that on the first Saturday of the month they would meet at 9:00 a.m. She stated her group's whole emphasis was to get a Cultural Arts Center built. Ms. Brooks stated she would be holding a benefit performance on July 24th for the Rainbow Room.
C. ADJOURNMENT - CITIZENS/VISITORS COMMENTS TO COUNCIL
This portion of the meeting was adjourned at 6:22 p.m.
D. CALL REGULAR TOWN COUNCIL MEETING TO ORDER
Mayor DeLuca called the regular meeting to order at 6:36 p.m.
E. INVOCATION AND PLEDGE OF ALLEGIANCE
Town Manager Van James gave the invocation, and Johnny Bulen (VFW) led the Pledge of Allegiance.
Mayor DeLuca presented a proclamation for "Pause for the Pledge of Allegiance Day" (June 14, 2000) and a proclamation for Memorial Day in Flower Mound to Johnny Bulen, Lewisville VFW Post.
Mayor DeLuca presented F.A.T.E. Certificates to Scott Ash with Kroger, Jack Fay with The Depot, and Ken Dowdy with Albertson's.
Mayor DeLuca presented a plaque to Mike Charles for 10 years of service to the youth of Flower Mound.
Mr. Charles stated he recognized the growth in the Town and the efforts that were forthcoming to make a great program for the youth.
Steve L'Huillier presented a plaque from FMYSA to Mr. Charles, who had served as the president for the last six years.
Mayor DeLuca presented a Certificate of Achievement to David Heasley, Old Settlers Elementary, for receiving the second place award in the 2000 LISD Spelling Bee.
Mayor DeLuca presented Greetings from Flower Mound for Katelyn Morgan to take to Austria while she participated with the People to People ambassador program.
G. MAYORAL/COUNCIL MEMBER ANNOUNCEMENTS
Councilmember Spruill thanked Johnny Bulen for attending the meeting and bringing recognition to the Veterans in the community. She encouraged parents to remind their children about the significance of Memorial Day. Councilmember Spruill congratulated and thanked the F.A.T.E. participants. She also congratulated David Heasley and Katelyn Morgan. She suggested that the Town create an Events Committee that would be responsible for coordinating Town events for families. She noted she would be attending the Search Institute conference between June 19th and 24th. She hoped to bring back information that would help to close the gap between the youth and adults in the Town. Councilmember Spruill encouraged citizens to buy and eat in Flower Mound. She noted that it had been her personal goal to see every school in Texas recognize Veteran's Day. She added that Senator Jane Nelson had offered to write legislation for the next legislative session in that regard. Councilmember Spruill reported that the middle school lock-in was a complete success at Gameworks.
Councilmember Wingard recognized the Veterans in the Town and the recipients of the F.A.T.E. Certificates. She expressed congratulations to Mike Charles, David Heasley and Katelyn Morgan.
Councilmember Cook commented on the veterans scam information that Nelson Ringmacher brought forward. Regarding The Messenger and press releases, Councilmember Cook stated the Town did not want to waste taxpayer dollars in providing press packets and other information to special interest groups that were not really a newspaper.
Councilmember Baze jokingly stated he did not make the "50 Most Beautiful People" in the world list in People magazine. He agreed that the cable franchise company needed a local office in Flower Mound.
Mayor Pro Tem Travis thanked Councilmember Spruill for coordinating the Memorial Day celebration on May 28th. She mentioned the COPPS program and encouraged citizens to participate in the survey if they were visited by a police officer. She stated the results would help to serve the community much better.
Mayor DeLuca thanked Captain Lake and the Police Department for implementing the F.A.T.E. program. She congratulated David Heasley and Katelyn Morgan. She stated she would like to see a "Buy Flower Mound" program. Mayor DeLuca stated the Town was working with Denton County to bring county offices to Flower Mound, including the Justice of the Peace office, tax office and a drivers license office. She expressed thanks to Nelson Ringmacher for making the Council aware of possible misrepresentations of the veterans group. She said that these organizations take away from the legitimate local organizations that we have. She thanked Councilmember Spruill for organizing the Memorial Day celebration. Mayor DeLuca congratulated Mike Charles for his ten years with FMYSA. She led a "Hip Hip Hooray" for Mike Charles with the children and youth sports representatives in the audience.
H. TOWN MANAGER REPORT
There was no report.
I. CONSENT AGENDA
Mayor Pro Tem Travis made a motion to approve by consent, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, and Councilmember Wingard 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 the minutes from the May 9, 2000 special meeting of the Town Council.
RECOMMENDATION: Approve the minutes from the May 9, 2000 special meeting of the Town Council.
2. Consider canceling the July 3, 2000 regular Town Council meeting in observance of the Fourth of July Holiday.
RECOMMENDATION: Approve canceling the July 3, 2000 regular Town Council meeting in observance of the Fourth of July Holiday.
3. Consider approval of Change Order No. 2 for the Concrete Trails Project, amending the contract with Fox Contractors, Inc., for an increase in the amount of $552.00 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve Change Order No. 2 for the Concrete Trails Project, amending the contract with Fox Contractors, Inc., for an increase in the amount of $552.00 and authorization for the Mayor to execute same on behalf of the Town.
4. Consider approval of a resolution adopting an Investment Policy for funds for the Town of Flower Mound in accordance with provisions of the Public Funds Investment Act.
RECOMMENDATION: Approve a resolution adopting an Investment Policy for funds for the Town of Flower Mound in accordance with provisions of the Public Funds Investment Act. The resolution caption reads as follows:
RESOLUTION NO. 15-00
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE TOWN OF FLOWER MOUND; AND PROVIDING AN EFFECTIVE DATE.
5. Consider approval of a resolution approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000 for $6,785,000.
RECOMMENDATION: Approve a resolution approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000 for $6,785,000. The resolution caption reads as follows:
RESOLUTION NO. 16-00
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.
6. Consider approval of a recommendation to authorize the preparation and distribution of an official statement pertaining to the sale of Waterworks and Sewer System Revenue Bonds, Series 2000 for $3,915,000.
RECOMMENDATION: Approve a recommendation to authorize the preparation and distribution of an official statement pertaining to the sale of Waterworks and Sewer System Revenue Bonds, Series 2000 for $3,915,000.
7. Consider approval of proposed changes to the Town's Personnel and Administrative Regulations Manual (PARM), Title I, Personnel Regulations, effective June 23, 2000.
RECOMMENDATION: Approve proposed changes to the Town's Personnel and Administrative Regulations Manual (PARM), Title I, Personnel Regulations, effective June 23, 2000.
8. Consider approval of a Memorandum of Understanding concerning the Friends of the Flower Mound Public Library Endowment Fund, and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a Memorandum of Understanding concerning the Friends of the Flower Mound Public Library Endowment Fund, and authorization for the Mayor to execute same on behalf of the Town.
9. Consider approval of a resolution requesting that the United States Senate support the Conservation and Reinvestment Act (CARA), which includes over $236 million per year in funding for conservation programs in the State of Texas.
RECOMMENDATION: Approve a resolution requesting that the United States Senate support the Conservation and Reinvestment Act (CARA), which includes over $236 million per year in funding for conservation programs in the State of Texas. The resolution caption reads as follows:
RESOLUTION NO. 17-00
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS REQUESTING THAT THE UNITED STATES SENATE SUPPORT THE CONSERVATION AND REINVESTMENT ACT (CARA), WHICH INCLUDES OVER $236 MILLION PER YEAR IN FUNDING FOR CONSERVATION PROGRAMS IN THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE.
10. Consider approval of a lease agreement with Atrium Capital, Ltd. being represented by Vintage Realty L.L.C. for 1001 Cross Timbers Road, Flower Mound, Texas, Suite 2070 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a lease agreement with Atrium Capital, Ltd. being represented by Vintage Realty L.L.C. for 1001 Cross Timbers Road, Flower Mound, Texas, Suite 2070 and authorization for the Mayor to execute same on behalf of the Town.
11. Consider approval of an Individual Project Order with Kimley-Horn and Associates, Inc., for additional engineering services associated with the update of the Town's water, wastewater, and roadway impact fees in the amount of $80,000 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve an Individual Project Order with Kimley-Horn and Associates, Inc., for additional engineering services associated with the update of the Town's water, wastewater, and roadway impact fees in the amount of $80,000 and authorization for the Mayor to execute same on behalf of the Town.
12. Consider approval of a Land Use Agreement between the owner of Lot 67, Block 9 of the Timber Creek Park Addition, Phase III and the Town of Flower Mound, and authorization for the Mayor to execute same on behalf of the Town. The Timber Creek Park Addition, Phase III is located generally south of College Parkway and east of Morriss Road.
RECOMMENDATION: Approve a Land Use Agreement between the owner of Lot 67, Block 9 of the Timber Creek Park Addition, Phase III and the Town of Flower Mound, and authorization for the Mayor to execute same on behalf of the Town. The Timber Creek Park Addition, Phase III is located generally south of College Parkway and east of Morriss Road.
13. Consider approval of Change Order No. 1 for the Wastewater Treatment Plant Waste Activated Sludge Pump Station and Blower Building No. 2 (Odor Control Project) amending the contract with Bar Constructors, Inc. for a decrease of $5,600.00, acceptance of the project, and authorization of final payment to Bar Constructors, Inc. in the amount of $33,371.18.
RECOMMENDATION: Approve Change Order No. 1 for the Wastewater Treatment Plant Waste Activated Sludge Pump Station and Blower Building No. 2 (Odor Control Project) amending the contract with Bar Constructors, Inc. for a decrease of $5,600.00, acceptance of the project, and authorization of final payment to Bar Constructors, Inc. in the amount of $33,371.18.
14. Consider approval of an agreement with Freese-Nichols, Inc. to provide design services for a roof mounted mechanical screen (parapet) wall in the amount of $2,200.00 and authorization for the Mayor to execute a contract on behalf of the Town.
RECOMMENDATION: Approve an agreement with Freese-Nichols, Inc. to provide design services for a roof mounted mechanical screen (parapet) wall in the amount of $2,200.00 and authorization for the Mayor to execute a contract on behalf of the Town.
15. Consider approval of contingent additional services by Wiginton Hooker Jeffry, P.C. for Fire Station No. 3 in the amount of $10,750.00, as compensation for additional construction administration services as provided by the original contract agreement and final payment of basic services in the amount of $905.27.
RECOMMENDATION: Approve contingent additional services by Wiginton Hooker Jeffry, P.C. for Fire Station No. 3 in the amount of $10,750.00, as compensation for additional construction administration services as provided by the original contract agreement and final payment of basic services in the amount of $905.27.
16. Consider approval of Change Order No. 2 for Flower Mound Fire Station No. 3 amending the contract with M.L. & Associates, Inc. for a decrease of $28,341.21, acceptance of the project, and authorization of final payment to M.L. & Associates, Inc. in the amount of $46,735.09.
RECOMMENDATION: Approve Change Order No. 2 for Flower Mound Fire Station No. 3 amending the contract with M.L. & Associates, Inc. for a decrease of $28,341.21, acceptance of the project, and authorization of final payment to M.L. & Associates, Inc. in the amount of $46,735.09.
17. Consider approval of an amendment to the FY 1999-2000 Capital Improvement Program.
RECOMMENDATION: Approve an amendment to the FY 1999-2000 Capital Improvement Program.
18. Consider approval of a resolution authorizing the Town Manager to serve as the Town of Flower Mound representative on the Trinity River Authority of Texas Denton Creek Regional Wastewater System Advisory Committee and the Town Engineer to serve as alternate representative.
RECOMMENDATION: Approve a resolution authorizing the Town Manager to serve as the Town of Flower Mound representative on the Trinity River Authority of Texas Denton Creek Regional Wastewater System Advisory Committee and the Town Engineer to serve as alternate representative. The resolution caption reads as follows:
RESOLUTION NO. 18-00
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE TRINITY RIVER AUTHORITY OF TEXAS (THE AUTHORITY) DENTON CREEK REGIONAL WASTEWATER SYSTEM ADVISORY COMMITTEE.
19. Consider approval of an Interlocal Agreement between the City of Dallas and the Town of Flower Mound for funding of design of the 30-inch water main relocation and adjustments of the existing/proposed water appurtenances owned by the City of Dallas located within the FM 3040 right-of-way.
RECOMMENDATION: Approve an Interlocal Agreement between the City of Dallas and the Town of Flower Mound for funding of design of the 30-inch water main relocation and adjustments of the existing/proposed water appurtenances owned by the City of Dallas located within the FM 3040 right-of-way.
20. Consider approval of a Professional Services Agreement for surveying services with G & A Consultants, Inc. for three tracts of land along Forest Vista Drive in the amount of $7,500.00 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a Professional Services Agreement for surveying services with G & A Consultants, Inc. for three tracts of land along Forest Vista Drive in the amount of $7,500.00 and authorization for the Mayor to execute same on behalf of the Town.
21. Consider approval of an Individual Project Order with Kimley-Horn and Associates, Inc. for engineering services associated with site selection for the future High Plane Pump Station in the amount of $7,500.00 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve an Individual Project Order with Kimley-Horn and Associates, Inc. for engineering services associated with site selection for the future High Plane Pump Station in the amount of $7,500.00 and authorization for the Mayor to execute same on behalf of the Town.
22. Consider approval of an Individual Project Order with Kimley-Horn and Associates, Inc. for engineering services associated with site selection for the future Western Elevated Storage Tank in the amount of $7,500.00 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve an Individual Project Order with Kimley-Horn and Associates, Inc. for engineering services associated with site selection for the future Western Elevated Storage Tank in the amount of $7,500.00 and authorization for the Mayor to execute same on behalf of the Town.
23. Consider approval of an Individual Project Order with Kimley-Horn and Associates, Inc. for engineering services associated with improvements to the Pintail Pump Station ground storage tanks in the amount of $36,000.00 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve an Individual Project Order with Kimley-Horn and Associates, Inc. for engineering services associated with improvements to the Pintail Pump Station ground storage tanks in the amount of $36,000.00 and authorization for the Mayor to execute same on behalf of the Town.
24. Consider approval of Change Order No. 2 for the Stone Hill Pump Station Improvements project, amending the contract with North Texas Municipal Construction Company, Inc. for an increase in the amount of $2,206.41 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve Change Order No. 2 for the Stone Hill Pump Station Improvements project, amending the contract with North Texas Municipal Construction Company, Inc. for an increase in the amount of $2,206.41 and authorization for the Mayor to execute same on behalf of the Town.
25. Consider approval of recommendations provided by Kimley-Horn and Associates, Inc. in the Stone Hill Pump Station Site Master Plan and an Individual Project Order in the amount of $680,000.00 for engineering services for the recommended alternative and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve recommendations provided by Kimley-Horn and Associates, Inc. in the Stone Hill Pump Station Site Master Plan and an Individual Project Order in the amount of $680,000.00 for engineering services for the recommended alternative and authorization for the Mayor to execute same on behalf of the Town.
26. Consider approval of a Development Agreement between the Town of Flower Mound and Song N. Kim, owner of a 1.256 acre tract of land in the John Wizwell Survey, Abstract 1346, relative to terms and conditions of a Temporary Access Driveway along Flower Mound Road and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a Development Agreement between the Town of Flower Mound and Song N. Kim, owner of a 1.256 acre tract of land in the John Wizwell Survey, Abstract 1346, relative to terms and conditions of a Temporary Access Driveway along Flower Mound Road and authorization for the Mayor to execute same on behalf of the Town.
Vote on the Consent Agenda
AYES: Spruill, Wingard, Cook, Baze, Travis
NAYS: None
J. REGULAR ITEMS
27. Public Hearing (LDC-07-00) to consider an amendment to Chapter 12 of the Code of Ordinances (Land Development Code), Sections 2.03 "Definition of Land Use Categories" and 5.02(d) "Off-Street Parking and Loading Requirements" to create a definition and parking requirements for a new land use category, specifically, Office - showroom/warehouse and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 6-0 at its May 8, 2000 meeting.)
Director of Community Development Sam Paschal informed the Council that with the creation of the Campus Commercial and Campus Industrial zoning districts (approved by Town Council on April 3, 2000), an additional category for Office - showroom/warehouse was introduced. The definition is as follows:
An establishment with a minimum of 75% of its total floor area devoted to storage and warehousing but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales office, and display areas for products sold and distributed from the storage and warehousing areas.
In Opposition None
In Support None
Staff Comments None
Close Public Hearing
Council Deliberation
Councilmember Spruill made a motion to approve an amendment to Chapter 12 of the Code of Ordinances (Land Development Code), Sections 2.03 "Definition of Land Use Categories" and 5.02(d) "Off-Street Parking and Loading Requirements" to create a definition and parking requirements for a new land use category, specifically, Office - showroom/warehouse and to adopt Ordinance No. 40-00 providing for said amendment, and Mayor Pro Tem Travis seconded the motion. The ordinance caption reads as follows:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES (LAND DEVELOPMENT CODE) SECTIONS 2.03 "DEFINITION OF LAND USE CATEGORIES" AND 5.02 (d) "OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS" TO CREATE A DEFINITION AND PARKING REQUIREMENTS FOR THE OFFICE - SHOWROOM/WAREHOUSE LAND USE CATEGORY; REPEALING ALL CONFLICTING ORDINANCES, ORDERS, OR RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Vote on the Motion
AYES: Travis, Baze, Cook, Wingard, Spruill
NAYS: None
28. Public Hearing (LDC-06-00) to consider approval of an amendment to Chapter 12 of the Code of Ordinances (Land Development Code), Section 6.02(d) "Informational Signs", by adding a Section 6.02(d)(6) requiring the removal of informational signs and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 6-0 at its May 8, 2000 meeting.)
Director of Community Development Sam Paschal stated that members of the Town Council and the public had contacted staff about informational signs concerning zoning changes, Master Plan changes and specific use permits. He noted that signs were not always timely removed by the applicant. The proposed ordinance would require removal within 10 days after the date of the final action of the requested change or amendment.
In Opposition None
In Support None
Staff Comments None
Close Public Hearing
Council Deliberation
Councilmember Wingard made a motion to approve an amendment to Chapter 12 of the Code of Ordinances (Land Development Code), Section 6.02(d) "Informational Signs", by adding a Section 6.02(d)(6) requiring the removal of informational signs and to adopt Ordinance No. 41-00 providing for said amendment, and Councilmember Cook seconded the motion. The ordinance caption reads as follows:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES (LAND DEVELOPMENT CODE) SECTION 6.02(d) "INFORMATIONAL SIGNS", BY ADDING A SECTION 6.02(d)(6) REQUIRING THE REMOVAL OF INFORMATIONAL SIGNS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Vote on the Motion
AYES: Spruill, Wingard, Cook, Baze, Travis
NAYS: None
29. Public Hearing (SUP-210-00) to consider a request from Ingulab W. Manji, President, Walisons Enterprises, Inc., for a change of ownership of an existing Specific Use Permit (SUP-126) for a convenience store (Conoco) with beer/wine sales for off-premise consumption, gasoline sales, and car wash, automatic and to consider adopting an ordinance providing for said Specific Use Permit. The property is an approximately 1.27 acre tract of land in the J. Eads Survey, Abstract 391, zoned Planned Development District No. 12 with R-2, Retail District-2 uses and is generally located southwest of the intersection of Cross Timbers Road/FM 1171 and Firewheel Drive at 1909 Cross Timbers Road (Lot 1, Block A of the Conoco Corners Addition). (The Planning and Zoning Commission recommended approval by a vote of 6-0 at its May 8, 2000 meeting.)
Pamela Craig
Ms. Craig stated she was representing the applicant, Ingulab W. Manji, who was requesting that the Specific Use Permit for beer and wine sales (for off-premise consumption) be put in his name. She noted Mr. Manji was very interested in joining the F.A.T.E. Program.
In Opposition None
In Support None
Staff Comments None
Close Public Hearing
Council Deliberation
Mayor Pro Tem Travis moved to approve a request from Ingulab W. Manji, President, Walisons Enterprises, Inc., for a change of ownership of an existing Specific Use Permit (SUP-126) for a convenience store (Conoco) with beer/wine sales for off-premise consumption, gasoline sales, and car wash, automatic and to adopt Ordinance No. 42-00 providing for said Specific Use Permit, subject to the list of special conditions below. The property is an approximately 1.27 acre tract of land in the J. Eads Survey, Abstract 391, zoned Planned Development District No. 12 with R-2, Retail District-2 uses and is generally located southwest of the intersection of Cross Timbers Road/FM 1171 and Firewheel Drive at 1909 Cross Timbers Road (Lot 1, Block A of the Conoco Corners Addition). The special conditions are as follows:
1. The Specific Use Permit granted herein is specific to Ingulab W. Manji, President, Walisons Enterprises, 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 Council.
2. The attached site plan designates a 3,128 square foot structure as a convenience store for the sale of food and beverages, including the storage and sale of beer and/or wine and five gasoline islands with five gasoline pumps for the sale of gasoline, and an 842 square-foot car wash. The storage and sale of beer and/or wine and the sale of gasoline shall be limited to the areas designated for the storage and sale of beer and/or wine and gasoline sales.
3. No more than 12% of the total floor area of the 3,128 square-foot convenience store shall be developed and used for the storage and sale of beer and/or wine.
4. No freestanding beer and/or wine displays may be stacked higher than five feet.
5. The maximum height of any canopy used in conjunction with any gasoline pump(s) shall not be in excess of 22 feet, as measured to the top of the canopy.
6. No vending machines, ice machines, storage or other retail activities shall be permitted on the exterior of any building or on the premise.
7. No coin or token operated amusement machines shall be permitted on the premises, either inside or outside of the building.
8. Exterior lighting shall be oriented so as to direct all lighting away from adjacent residential areas. No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
9. The use of outdoor amplification equipment shall be limited to intercom communications between the store and pump islands, and shall not be used to broadcast music or advertisements.
10. The hours of operation of the facility shall be no earlier than 6:00 a.m. and no later than 12:00 midnight Sunday through Thursday, and no earlier than 6:00 a.m. and no later than 1:00 a.m. Friday and Saturday. Further, all car wash operations shall cease at 10:00 p.m.
11. The attached site plan shall be an exhibit to the Specific Use Permit and shall be required to be amended in accordance with any recommendations made by the Commission or Town Council.
12. The site plan shall be labeled Exhibit "B" and be attached to the Specific Use Permit ordinance. As such, if the property is not developed as approved, it shall be a violation of the ordinance.
13. No alcoholic beverage signs shall be permitted on the exterior of the building or as a window sign.
14. No alcoholic beverage signs capable of carrying an electrical current shall be permitted within the interior of the building.
Councilmember Baze seconded the motion. 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 CHAPTER 12 OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 1.27 ACRES OF LAND IN THE J. EADS SURVEY, ABSTRACT NO. 391 (LOT 1, BLOCK A OF THE CONOCO CORNERS ADDITION) FROM PLANNED DEVELOPMENT DISTRICT NO. 12 (PD-12) WITH RETAIL DISTRICT-2 (R-2), SUBJECT TO SPECIFIC USE PERMIT NO. 210 AND SITE PLAN FOR A CONVENIENCE STORE WITH BEER/WINE SALES FOR OFF-PREMISE CONSUMPTION, GASOLINE SALES, AND CAR WASH, AUTOMATIC, IN ACCORDANCE WITH SPECIFIC REQUIREMENTS STATED HEREIN AND EXHIBITS ATTACHED HERETO; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Vote on the Motion
AYES: Travis, Baze, Cook, Spruill, Wingard
NAYS: None
K. COORDINATION OF CALENDARS
Mayor Pro Tem Travis stated she would be out of town between July 2 and July 9, and also between July 24 and July 29.
Councilmember Baze stated he would be out of town between July 8 and July 15.
Councilmember Cook stated he would be out of town sometime in July.
Mayor DeLuca stated she would be out of town between July 1 and July 15.
No discussion.
M. CLOSED SESSION
30&31. The Town Council convened into closed session at 7:38 p.m. on Monday, June 5, 2000, pursuant to the Texas Government Code Sections 551.071, 551.072 and 551.074 to discuss matters relating to consultation with Town Attorney, real property and personnel, and reconvened into open session at 10:20 p.m. on Monday, June 5, 2000 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 Wingard moved to authorize the Town Attorney to initiate condemnation proceedings and all matters related thereto, regarding property owned by D-F Funds and Bernard White in the Lakeside Business District. Councilmember Cook seconded the motion.
Vote on the Motion
AYES: Travis, Baze, Cook, Wingard, Spruill
NAYS: None
b. Ewing Investments, L.P. v. Town of Flower Mound, Cause No. 99-50920-367, presently pending in the 367th Judicial District Court of Denton County, Texas.
No action taken.
c. Discuss and consider personnel matters.
No action taken.
d. Discuss and consider proposed administrative reorganization.
Councilmember Spruill moved to approve the administrative reorganization and all budgetary adjustments necessary to implement same, effective June 12, 2000. Councilmember Wingard seconded the motion.
Vote on the Motion
AYES: Travis, Baze, Cook, Wingard, Spruill
NAYS: None
e. Discuss and consider possible litigation against contractors and related parties relative to the Police and Courts Facility.
Councilmember Cook moved to authorize the Town Attorney to send a notice of termination of contract to the general contractor for the Police and Courts Facility and thereafter authorized the filing of litigation against the general contractor and/or any surety, and all other matters incident and related thereto. Mayor Pro Tem Travis seconded the motion.
Vote on the Motion
AYES: Travis, Baze, Cook, Wingard, Spruill
NAYS: None
f. Discuss and consider appointments to the Planning and Zoning Commission.
No action taken.
g. Discuss and consider appointments to the Zoning Board of Adjustment.
Mayor Pro Tem Travis moved to appoint Ann Marie Buckley to a regular position on the Zoning Board of Adjustment to fill the unexpired term for Ken Harrell (who had resigned), with a term ending September 30, 2000. She further moved to appoint Tina Murphy to the Alternate #3 position with a term expiring September 30, 2000. Councilmember Wingard seconded the motion.
Vote on the Motion
AYES: Travis, Baze, Cook, Wingard, Spruill
NAYS: None
h. Discuss and consider appointments to the Historical Commission.
No action taken.
i. Discuss and consider appointments to the Tree Board.
No action taken.
j. Discuss and consider appointments to the Library Board.
No action taken.
Councilmember Wingard made a motion to adjourn at 10:23 p.m., and Councilmember Baze 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, TOWN SECRETARY, CMC