THE FLOWER MOUND TOWN COUNCIL MEETING HELD ON THE 7TH DAY OF SEPTEMBER, 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 special 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:
Harlan Jefferson Acting Town Manager
Paula Lawrence Town Secretary
Bonnie Goldstein Town Attorney
Tracy Knierim Director of Administrative Services
Sam Paschal Director of Community Development
Bart Stevenson Director of Community Services
Eric Metzger Fire Chief
A. CALL TO ORDER
Mayor DeLuca called this portion of the meeting to order at 6:11 p.m.
Mayor DeLuca stated this was the first Council meeting since the tragic automobile accident at Sagebrush and FM 2499. She began the meeting with a moment of silence. She noted she was supposed to be in San Diego preparing for her brother's wedding, however she felt it was very important to attend this meeting. Mayor DeLuca stated she attended the memorial service for Kristen Jackson, and that her death shocked and saddened the entire community. She stated she was a parent of three children and could not imagine the grief and anguish that Kristen's parents were experiencing. Mayor DeLuca stated there was much misinformation out about how the accident occurred, even though it was reported correctly in the newspaper. She explained that one vehicle was going northbound on FM 2499 and one was going southbound on FM 2499. The southbound vehicle was waiting to make a left turn onto eastbound Sagebrush. The northbound vehicle was traveling at a high rate of speed in the grassy median, went over the end of the median and broadsided the southbound car in the protected median. She stated there was still an active police investigation ongoing. More information would be available toward the end of next week. While this is continuing, she asked that everyone be guided by patience and reason.
Mayor DeLuca stated many improvements had been made around Flower Mound High School and more were planned to accommodate the traffic flow and to account for the number of inexperienced drivers. The Town widened Old Settlers from two lanes with bar ditches to four lanes with sidewalks. The Town was acquiring right-of-way to extend Peters Colony from Old Settlers to Churchill. Drivers would then be able to turn left on Churchill and access FM 1171 through a controlled, signalized intersection or turn right on Churchill and access FM 2499 through what is planned to be a controlled, signalized intersection. She added that several months earlier, the Town had begun a feasibility study to provide another access road between Old Settlers and FM 3040. The preferred location would be about halfway between FM 1171 and FM 3040. The goal was to provide a minor arterial. Sagebrush was not a good access road because it was a two lane residential street with bar ditches and the homes and driveways face the road. The Town Council authorized funding for several new traffic lights on Old Settlers - at its intersection with FM 1171, Peters Colony and Flower Mound Road. She stated that all of these improvements were not a knee jerk reaction to the accident, as the Town had been working on these issues with the Texas Department of Transportation (TxDOT) and the Lewisville Independent School District (LISD) for quite some time. She stated the Town had been working since March 1998 to try to reduce the speed limit on FM 2499. There is documentation to substantiate that. There was an item on the agenda tonight to install a right-turn only sign from Sagebrush onto southbound FM 2499. This would prevent drivers from trying to cut across four lanes of traffic. If approved, the sign would be installed the next day. Additionally, the Town would construct an eyebrow curve to physically force cars to turn right.
Mayor DeLuca noted that FM 2499 was a state road and under the sole jurisdiction of TxDOT. Mayor DeLuca stated Flower Mound was in a unique and challenging situation as most of the major roads were state roads. TxDOT has only about 36% of the funding required for all state projects. Flower Mound has contributed funding to move the Town's roads up on the state's construction schedule. She and staff members meet with TxDOT once a month to make sure that our projects stay on schedule and that we are doing all that we can. They met with TxDOT last Monday at a regularly scheduled meeting, which was three days after the accident. At this meeting, they did discuss the accident. TxDOT agreed to allow the Town to do a traffic count to see if the intersection of Sagebrush and FM 2499 would meet warrants for a traffic signal. TxDOT agreed to do another speed survey to see if the speed limit could be lowered. She stated TxDOT's hands were tied with all of their rules and regulations, as they had to follow the guidelines set forth in the Texas Manual for Uniform Traffic Control Devices. Mayor DeLuca stated that State Senator Jane Nelson's office had been helpful in trying to help the Town by talking to people in Austin to help expedite some of the improvements. She stated the Town was committed to doing whatever possible to make the situation better.
Mayor DeLuca stated the police investigation showed that a signal light or lower speed would not have prevented this accident. She added that no one could ever build a road or intersection safe enough for those who drive at excessive speeds, fail to stay in their own travel lane or drive while impaired. She noted the Town was looking at reducing the speed limit in residential developments. The Town's CIP contained $70 million in road improvements through 2005, not including TxDOT and Denton County money, or the $20 million for the Lakeside development improvements. She stated the Town had more road and bridge projects underway than any other time in the history of Flower Mound.
Working with TxDOT to improve our state roads was one approach to solving some of these issues. Also, having a very aggressive and proactive road improvement program for Town roads is certainly going to help. But another issue was how people drive. She stated there were discourteous drivers, who were in a hurry, racing ahead, and trying to find cut-throughs. The last issue was "us" and how we drive and how we show our children how to drive and learn good habits. She felt the Town would have good luck in promoting a "Drive Friendly Program" or a "Give Your Neighbor a Brake Program". She encouraged drivers to slow down and hang up their cell phones and pay attention to what they are doing. Mayor DeLuca commented that she attended a meeting last week at the invitation of Judy Keown (mother of Clint Keown, who was also killed on FM 2499). She stated the group was committed to making changes happen and she was committed to helping them.
Mayor DeLuca commented on the incident last week when a young boy was hit in Waterford Park Estates. She stated there was also misinformation on how that accident occurred. A Waterford Park Estate resident called her and said that a speeding teenager caused the accident and that it was a hit and run incident. She found out from the Police Department that a six year old was darting in between cars and a BFI truck. A woman from the neighborhood, driving 20 mph, 10 mph under the speed limit, went around the BFI truck and struck the boy. The driver talked with the mother of the boy, they both thought the boy was okay, and she gave her insurance information and left. The mother later determined that his injuries were worse than she thought, and the boy was care-flighted to the hospital. He is doing well and is going to recover. She informed the public that a meeting was scheduled next week with Patricia Stephens from the Waterford Park Estates Subdivision Homeowners' Association. She added they would be discussing traffic patterns and speed in the subdivision. She noted that after the construction was completed on Dixon Road; the signs had not been put back up yet regarding through-traffic in Waterford Park Estates. She stated that they would be installed as soon as possible. Mayor DeLuca stated that neither a reduced speed limit nor limits on cut-through traffic would have prevented this accident.
Mayor DeLuca hoped she answered some of the questions, and assured everyone that the Town was looking at taking a multi-tonged approach to solving the traffic issues throughout Flower Mound. The Town was looking at lowering the speed limit on FM 2499, and performing warrant studies for signal lights at Churchill, Sagebrush, Firewheel and College Parkway. She encouraged citizens to call her anytime with ideas, as she wanted to keep the lines of communication open. She explained that many people didn't know that it is actually the drivers that determine the speed limits on our roads. TxDOT sets the speed limit on the state roads by doing a speed survey and gauging how fast cars are going. The 85th percentile then becomes the speed limit, unless it is more than what the state allows. Mayor DeLuca noted that after she was elected, she asked for a warrant study to be done on FM 1171, and the results actually increased the speed limit, rather than decreasing it. She stated that after the Sagebrush and FM 2499 accident, she thought people would be driving slower while they did the new speed survey. The result of the speed study was 52 miles per hour. She stated it was incumbent on everyone to drive slower if they wanted the speed limit to be lowered.
Mayor DeLuca thanked everyone for coming to the meeting and for giving her the opportunity to give them an update.
B. CITIZENS/VISITORS COMMENTS TO COUNCIL
Ms. Shoulders invited citizens to the Constitution Week ceremony on September 17, 2000 at 3:30 p.m. at Trinity Presbyterian Church. The ceremony would conclude with the ringing of bells across America. She asked that the Fire Departments ring their bells. Ms. Shoulders noted the Town would host festivities at Parker Square following the ceremony.
Ms. Van Anne stated on March 9, 2000, Clint Keown's life was taken on FM 2499. The day he passed away, his mother, Judy, vowed to make certain promises to her son. One was to be an advocate for safer roads in Flower Mound. Ms. Van Anne was at the meeting on Mrs. Keown's behalf and that of many other citizens. A task force had been formed and named Clint's Promise. A meeting was held last week and Mayor DeLuca attended. The group brainstormed and tried to figure out the problem areas in Flower Mound and Lewisville. The highlighted areas were speed; enforcing the speed; state roads are some of the worst roads; too much red tape to complete projects; school intersections; traffic circulation at Flower Mound High School; Peters Colony; Churchill; Firewheel; right turn only off Sagebrush; expediting improvements. The group did not feel there was just one solution. She encouraged everyone to work together as a community and work with the Town.
Mayor DeLuca commented that on August 21, 2000, the Council authorized funding for 16 additional Police Department employees. She stated the Police had been actively enforcing the laws. She noted that for a period of time there wasn't enforcement on FM 2499 because TxDOT did a speed survey and sent the results to the Town. The Council felt the speed limits were too high. The Council did not act on them, but sent TxDOT a letter asking for reduced limits accompanied by accident information. In November 1998, TxDOT did another survey and sent the speed limits to the Town. TxDOT urged the Council to adopt them because the Police could not enforce the limits until they were adopted by ordinance. The Town reluctantly adopted the recommended speed limits because without it, our Police Department was unable to enforce any speed limit on FM 2499.
Mr. Marko thanked the Mayor for her comments earlier. He felt the Town was approaching the situation rationally, which was very admirable. He spoke on the issue of speed enforcement. Mr. Marko stated he rode his bicycle through Flower Mound, and would like to see speed limits in residential areas reduced to 25 miles per hour and enforced vehemently. He urged the community to drive courteously.
Mayor DeLuca stated the Council had approved funding for two speed wagons at the August 21, 2000 meeting. She noted they had been very effective in other communities, and the Villages of Northshore and Waterford Park Estates had already asked that they be used in their subdivisions. Mayor DeLuca stated the next few months would be very difficult and it was important to offer support to the Jackson and Keown families and unconditional prayers and support to the other five girls involved in the accident.
Robbye Chasteen, 2516 Russwood Drive, Flower Mound
Ms. Chasteen stated she witnessed the occurrences after the accident in Waterford Park Estates. She felt 30 miles per hour was too fast, and that everyone was guilty of driving too fast. She noted the Country Meadows subdivision had only one outlet to FM 407, and the only other outlet was through Waterford Park Estates. She stated that on June 27, 2000, a BFI employee was hit in front of her house by another truck. She stated she would personally like to see 20 miles per hour on the main cut-throughs.
Mayor DeLuca stated she wanted to meet with Patricia Stephens (Waterford Park Estates Homeowners Association) to address some of the issues in the neighborhood with Town staff.
Ms. Chasteen asked how the citizens could bring an agenda item to the Council to reduce the speed limit in their subdivision.
Mayor DeLuca commented that during a previous legislative session, a law was passed that binds municipalities to the same standards as TxDOT and that the Town also has to follow the guidelines in the Texas Manual of Uniform Traffic Control Devices and that speed limits have to be based on the results of speed surveys. Mayor DeLuca stated that any residents of Waterford Park Estates were more than welcome to attend the meeting scheduled with the HOA representative.
Mr. Medinis commented that his mother was visiting from Detroit and she had commented on how rude drivers were in Flower Mound. He felt it was imperative that the Town find some way to enhance the enforcement of the speed limits, especially on Sagebrush. He noted Sagebrush was a full half-mile run from Old Settlers to FM 2499, adding that the hill was steep on Old Settlers and that until a driver was at the top of the hill, oncoming traffic could not be seen. Regarding inexperienced high school drivers, he said the citizens needed to figure out some way to put out a presence of how fast people are driving, such as the speed wagons.
Mayor DeLuca commented this was an excellent example of why the Town did not want Sagebrush to be the alternate arterial between Old Settlers and FM 2499. She stated the Town was committed to finding another alternative. Mayor DeLuca commented that TxDOT had a certain requirement for the distance between individual signal lights. If there was a light at FM 1171 and another one at Churchill, Sagebrush would be too close to have another signal light.
Ms. Goldau stated she was the spokesperson for Flower Mound Citizens for Better Safer Roads. She noted she was happy to see the agenda item for a "right turn only" from Sagebrush onto FM 2499. She encouraged the Council to expedite the extension of Peters Colony to Churchill, and to approve the proposed Firewheel extension. She felt this would provide an excellent minor arterial. She felt that a signal light could be installed at Firewheel and FM 2499, which was halfway between FM 3040 and FM 1171. She added she would also like to see improvements to Quail Run.
Ms. Brooks stated children were growing up too fast without using their creativity because Flower Mound did not have a place for them to use their brain cells. She stated high school kids loved creative opportunities. She asked the Council if she could use the old Police Station for a cultural arts center and give the kids something to do. She noted the City of Coppell had turned an abandoned firehouse into a center for performing arts.
Mayor DeLuca stated that Town personnel were currently using the old Police Station.
C. ADJOURNMENT - CITIZENS/VISITORS COMMENTS TO COUNCIL
This portion of the meeting was adjourned at 6:58 p.m. Mayor DeLuca left the meeting at this time.
D. CALL REGULAR TOWN COUNCIL MEETING TO ORDER
Mayor Pro Tem Travis called the regular meeting to order at 7:28 p.m.
E. INVOCATION AND PLEDGE OF ALLEGIANCE
Fire Chief Eric Metzger gave the invocation and led the Pledge of Allegiance.
Mayor Pro Tem Travis presented a Certificate of Achievement to Katherine Gibson in recognition of her winning First Place in the 800-meter run - PeeWee Division at the Texas Amateur Athletic Federation Games of Texas.
There was no one present to receive this certificate.
G. MAYORAL/COUNCIL MEMBER ANNOUNCEMENTS
Councilmember Baze stated he was proud of Mayor DeLuca for her previous comments and felt that she handled the situation with finesse and brilliance.
Councilmember Cook expressed congratulations to Katherine Gibson.
Councilmember Wingard expressed heartfelt sympathies to all affected by the accident. She sent congratulations to Katherine Gibson.
Councilmember Spruill expressed congratulations to Katherine Gibson.
Mayor Pro Tem Travis thanked Mayor DeLuca for staying through Citizens Participation and for caring so much about the community. She noted Mayor DeLuca delayed her trip for this issue. Mayor Pro Tem Travis stated the Town's thoughts and prayers were with all the families. She expressed her appreciation to the Police Department.
H. TOWN MANAGER REPORT
There was no report.
I. CONSENT AGENDA
Councilmember Spruill made a motion to approve by consent, items 1, 2, 3, 4, 5, 6, 7, and 8, 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 Change Order No. 1 for the Flower Mound Road Improvements, amending the contract with JRJ Paving, Inc., for an increase in the amount of $6,956.00 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approved Change Order No. 1 Flower Mound Road Improvements amending the contract with JRJ Paving, Inc., for an increase in the amount of $6,956.00 and authorization for the Mayor to execute same on behalf of the Town.
2. Consider approval of an Interlocal Cooperation Agreement with Denton County for the assessment and collection of ad valorem taxes for the period beginning October 1, 2000, through September 30, 2001, subject to renewal for an additional one-year term, and authorization for the Mayor to execute said agreement on behalf of the Town.
RECOMMENDATION: Approve an Interlocal Cooperation Agreement with Denton County for the assessment and collection of ad valorem taxes for the period beginning October 1, 2000 through September 30, 2001, subject to renewal for an additional one-year term, and authorization for the Mayor to execute said agreement on behalf of the Town.
3. Consider approval of an ordinance amending the Town of Flower Mound's Annual Budget for the fiscal year beginning on October 1, 1999, and ending on September 30, 2000, as adopted by Ordinance No. 51-99, and amended by Ordinance Nos. 77-99, 5-00, 17-00, 36-00 and 46-00, for adjustments to the Tree Preservation Fund, the S.T.E.P. Grant Fund, the Urban Forestry Grant Fund, and the Household Hazardous Waste Grant Fund.
RECOMMENDATION: Approve Ordinance No. 61-00 amending the Town of Flower Mound's Annual Budget for the fiscal year beginning on October 1, 1999, and ending on September 30, 2000, as adopted by Ordinance No. 51-99, and amended by Ordinance Nos. 77-99, 5-00, 17-00, 36-00 and 46-00, for adjustments to the Tree Preservation Fund, the S.T.E.P. Grant Fund, the Urban Forestry Grant Fund, and the Household Hazardous Waste Grant Fund. The ordinance caption reads as follows:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE TOWN'S BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1999, AND ENDING ON SEPTEMBER 30, 2000, AS ADOPTED BY ORDINANCE NO. 51-99, AND AMENDED BY ORDINANCE NOS. 77-99, 5-00, 17-00, 36-00, AND 46-00; PROVIDING FOR AN INCREASE IN REVENUES AND EXPENDITURES IN THE TREE PRESERVATION FUND; AN INCREASE IN REVENUES AND EXPENDITURES IN THE S.T.E.P. GRANT FUND; AN INCREASE IN REVENUES AND EXPENDITURES IN THE URBAN FORESTRY GRANT FUND; AND AN INCREASE IN REVENUES AND EXPENDITURES IN THE HOUSEHOLD HAZARDOUS WASTE GRANT FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
4. Consider approval of an agreement between Logicon Commercial Information Services, Inc. and the Town of Flower Mound, in the amount of $3,563.56 annually, for maintenance of the Genicom 4490 and 4440 printers and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve an agreement between Logicon Commercial Information Services, Inc. and the Town of Flower Mound, in the amount of $3,563.56 annually, for maintenance of the Genicom 4490 and 4440 printers and authorization for the Mayor to execute same on behalf of the Town.
5. Consider approval of a resolution expressing the Town of Flower Mound's support of enabling legislation in the 77th Legislature that would allow cities to utilize photographic red light enforcement.
RECOMMENDATION: Approve Resolution No. 29-00 expressing the Town of Flower Mound's support of enabling legislation in the 77th Legislature that would allow cities to utilize photographic red light enforcement. The resolution caption reads as follows:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC RED LIGHT ENFORCEMENT IN THE 77TH TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE.
6. Consider approval of a resolution casting Flower Mound's vote to re-appoint Harlan L. Jefferson to fill the Denco Area 9-1-1 District Board of Managers seat expiring on September 30, 2000.
RECOMMENDATION: Approve Resolution No. 30-00 casting Flower Mound's vote to re-appoint Harlan L. Jefferson to fill the Denco Area 9-1-1 District Board of Managers seat expiring on September 30, 2000. The resolution caption reads as follows:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, CASTING A VOTE FOR HARLAN L. JEFFERSON TO FILL THE PARTICIPATING CITIES SEAT ON THE DENCO 9-1-1 BOARD OF MANAGERS.
7. Consider approval of a resolution adopting the Fiscal Year 2001 Financial Plan of the Denco Area 9-1-1 District.
RECOMMENDATION: Approve Resolution No. 31-00 adopting the Fiscal Year 2001 Financial Plan of the Denco Area 9-1-1 District. The resolution caption reads as follows:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS APPROVING THE FISCAL YEAR 2001 FINANCIAL PLAN OF THE DENCO 9- 1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
8. Consider approval of an ordinance amending Chapter 10, Traffic Regulations, of the Code of Ordinances, which authorizes the installation of a "RIGHT TURN ONLY" sign at the southwest corner of the intersection of Sagebrush and Long Prairie Road (FM 2499).
RECOMMENDATION: Approve Ordinance No. 62-00 amending Chapter 10, Traffic Regulations, of the Code of Ordinances, which authorizes the installation of a "RIGHT TURN ONLY" sign at the southwest corner of the intersection of Sagebrush and Long Prairie Road (FM 2499). The ordinance caption reads as follows:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, BY THE ADDITION THERETO OF A NEW PARAGRAPH (a)(4) TO SECTION 8.00 ENTITLED "PROHIBITED TURNS," WHICH AUTHORIZES A "RIGHT TURN ONLY" SIGN TO BE INSTALLED AT THE SOUTHWEST CORNER OF SAGEBRUSH AT LONG PRAIRIE ROAD (FM 2499); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Vote on the Consent Agenda
AYES: Spruill, Wingard, Cook, Baze, Travis
NAYS: None
J. REGULAR ITEMS
9. Public Hearing to consider a recommendation from Wallace Roberts & Todd to amend Specific Plan Area 1 and consider approval of a resolution for said Specific Plan Area 1. The area within Specific Plan Area 1 is generally south of FM 1171/Cross Timbers Road, east of FM 2499/Long Prairie Road, north of Sagebrush Drive and west of Yucca. (The Planning and Zoning Commission recommended approval of the request by a vote of 5-0 at its August 28, 2000 meeting.) THIS ITEM WAS TABLED FROM THE AUGUST 21, 2000 MEETING, AND STAFF RECOMMENDS TABLING TO THE SEPTEMBER 18, 2000 MEETING.
Councilmember Spruill moved to table consideration of an amendment to Specific Plan Area 1 to the September 18, 2000 regular meeting of the Town Council, and Councilmember Wingard seconded the motion.
Vote on the Motion
AYES: Spruill, Wingard, Cook, Baze, Travis
NAYS: None
K. COORDINATION OF CALENDARS
There was no discussion of this item.
Town Secretary Paula Lawrence reminded those present that the Work Session would be moved from September 21, 2000 to September 28, 2000.
M. CLOSED SESSION
10&11. The Town Council convened into closed session at 7:40 p.m. on Thursday, September 7, 2000, pursuant to the Texas Government Code Section 551.071 and 551.074 relating to consultation with Town Attorney and personnel and reconvened into open session at 7:49 p.m. on Thursday, September 7, 2000 to take action on the items as follows:
a. Consider appointments to the SMARTGrowth Commission.
Councilmember Spruill moved to appoint Mike Gavin to the SMARTGrowth Commission to replace Steve Brooks. Councilmember Wingard seconded the motion.
Vote on the Motion
AYES: Spruill, Wingard, Cook, Baze, Travis
NAYS: None
O. ADJOURNMENT - TOWN COUNCIL MEETING
Councilmember Wingard made a motion to adjourn at 7:50 p.m., and Councilmember Cook 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