THE FLOWER MOUND TOWN COUNCIL MEETING HELD ON THE 19th DAY OF NOVEMBER 2001 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 Councilmember, Place I
Jim Cook Councilmember, Place II
Ted Baze Councilmember, Place III
Sara Wingard Councilmember, Place V
With the following member of Council absent:
Cindy Travis Mayor Pro Tem
constituting a quorum with the following members of the Town Staff participating:
Van James Town Manager
Paula Lawrence Town Secretary
Terry Welch Town Attorney
Sam Paschal Executive Director of Economic Development
Bart Stevenson Executive Director of Community Services
Mike Boles Town Engineer
Kenny Brooker Police Chief
A. CALL TO ORDER
Mayor DeLuca called this portion of the meeting to order at 6:11 p.m.
B. CITIZENS/VISITORS COMMENTS TO COUNCIL
Town Manager Van James introduced the Town employees hired during October 2001:
Darla Morgan, Temporary Purchasing Agent, Fleet Services Division
Jason Toth, Police Officer, Police Services
Jason Hawley, Police Officer, Police Services
Bob Lemoine, Police Officer, Police Services
Jason Taylor, Police Officer, Police Services
This portion of the meeting was adjourned at 6:14 p.m.
D. CALL REGULAR TOWN COUNCIL MEETING TO ORDER
Mayor DeLuca called the regular meeting to order at 6:30 p.m.
Scout Troop 265 presented the colors and led the pledge of allegiance. Mark Sherrill with Baha'i Faith gave the invocation. Misty Sereff sang "United We Stand".
F. PRESENTATIONS
Certificate of Achievement - Daniel Armentrout
Mayor DeLuca presented a Certificate of Achievement to Daniel Armentrout for completing the requirements for the Royal Rangers Gold Medal Award.
Certificate of Achievement - Eagle Scout William Brandon Bubeck
Mayor DeLuca presented a Certificate of Achievement to William Brandon Bubeck for completing the requirements for the Eagle Scout Award.
Presentation from Denton County Commissioner Jim Carter
Denton County Commissioner Jim Carter stated the results of the 2000 Census caused a redistricting in Denton County, noting the Flower Mound and Lewisville areas had grown tremendously in population in the past ten years. Previously Precinct 3 included most of Flower Mound, Lewisville and Highland Village, and it had been determined that it was too large. His precinct, which covered the western part of Flower Mound, was actually somewhat too small according to population. The four County Commissioners each appointed two people to a committee to look at redrawing the lines for the precincts. He noted that Mayor DeLuca was one of his representatives on the committee. The outcome of the work of the committee afforded him top pick up an additional part of Flower Mound in his precinct, so as of January 1 his district would basically cover everything west of FM 2499. Commissioner Carter commented that the improvements to FM 1171 would be most welcome as it was a very dangerous road due to its lack of design. Following a public hearing several months ago, he looked at Denton County's funding responsibility for FM 1171. As a result, he stated he moved a portion of money that he had in reserve for the western part of FM 1171 over to the more eastern portion of the project. He stated all the funding was now in place, and the residents should see some action on FM 1171 very shortly. Improvements to Chinn Chapel would be researched and some 1999 County bond money was marked for these improvements. Before he was elected in 1999, he stated he asked during his campaign what the people in his precinct wanted from the County government. This broke down into five areas - low taxes, safe roads, good services, safety and economic development that made sense and did not cost the taxpayers. He stated he was in favor of continuing to keep fair salaries and parity wages for the county employees. Commissioner Carter stated the Denton County Transportation Authority was authorized by the Texas Legislature. He stated the timeframe to establish the authority appeared to be a little aggressive and he felt Flower Mound thought it was aggressive also. He felt it was important to investigate the workings of the authority. He felt that the involvement of the people that the authority would serve was very critical. He stated he would be a voice of caution on the Commissioners Court. Commissioner Carter commented on HB 1445 stating it was passed by the Legislature with good intention. He explained that properties that are not included in the corporate limits of a municipality (extraterritorial jurisdiction) do not have a standard set of rules to follow for development (such as municipal ordinances or county standards). The legislature passed the bill that requires the municipalities and the counties to make an agreement to on which standards and controls that will be followed. He stated Flower Mound and Denton County worked together very well.
Mayor DeLuca noted that many of the major roads in Flower Mound were state roads under the sole jurisdiction of the Texas Department of Transportation (TxDOT). She stated that the FM 3040 project had been delayed several times by the state. She stated that Flower Mound and the County had contributed significant funding to help move this project up on the state's priority list and construction schedule. She stated that Flower Mound had acquired all of the necessary right-of-way and relocated all of the Town utilities. She stated that it was recently discovered that TxDOT had made an error in the right-of-way descriptions for Lewisville and now Lewisville, through no fault of its own, essentially had to start over on the right-of-way acquisition process. Mayor DeLuca asked for comments from Commissioner Carter about the possibility of breaking the project into two projects - one in Flower Mound and one in Lewisville, so that construction could begin at FM 2499 and by the time the contractor moved east to Lewisville, they should be ready.
Commissioner Carter responded that Flower Mound was located in two different districts - Precinct 3 and Precinct 4 and that FM 3040 was in Commissioner Bobbie Mitchell's Precinct 3. He stated the Mayor's request was not an unusual one and that and he would take that forward and respond back to the Town. He stated he specifically divided another project with TxDOT into three segments, so he knew that it could be done.
G. MAYORAL/COUNCILMEMBER ANNOUNCEMENTS
Councilmember Baze commended the Boy Scouts who received awards and thanked Commissioner Carter for coming to the meeting. He thanked Misty Sereff for her song.
Councilmember Cook complimented Misty Sereff and the Boy Scouts.
Councilmember Wingard echoed the previous comments. She appreciated Commissioner Carter's attempt to work with TxDOT to get the FM 3040 project moving.
Councilmember Spruill stated Arbor Day was a special day to celebrate. She commended Misty Sereff, Daniel Armentrout and William Bubeck for their talents and accomplishments. She noted that the special guests and presentations tonight were to recognize the end of National Veterans Awareness Week, which went from November 11-17, 2001. She stated many people worked hard to coordinate the Veterans Day Ceremony at Parker Square.
Mayor DeLuca commended Councilmember Spruill for organizing the Veterans Day Ceremony. She stated over 2,000 people attended the Veterans Day Ceremony and she felt assured that the Ceremony would continue for many years to come. She stated Councilmember Spruill was instrumental in helping get a bill passed in the last legislative session regarding recognizing Veterans Day events in the schools. She stated the education of today's children about Veterans Day and freedom was very important. She stated her family had a long history of service to the country. Her great-great-great-great grandfather served with General George Washington in the Battle of Brandywine. Her father was in the Korean War and her husband served two tours of duty in Vietnam. She stated she was very proud of her family's service to our country, but that she didn't have any romantic illusions about war either. She felt war should be avoided if possible, however if it was unavoidable, then we should all do our duty and do it well. She felt the youth should be aware of this and that war was not the way it was depicted in some movies. She thanked the residents and businesses for their donations of money and flags to make the Memorial Mile possible.
Mayor DeLuca recognized Judge Willard French in the audience.
H. TOWN MANAGER REPORT
Town Manager Van James reported on the progress of the construction of 6105 Garwood and stated that both the interior and exterior improvements had almost been completed. The yard was sodded. A schedule was submitted to the Town for the completion of the project and the Town Attorney was working with the owner's attorney regarding an agreement to be brought forward to the Town Council.
No report at this time.
J. CONSENT AGENDA
Councilmember Wingard made a motion to approve by consent, Items 1, 2, 3, 4, 5, and 6, and Councilmember Cook 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 a Pro-Rata Agreement with Jim Gabbard for the construction of 231 feet of 8-inch sanitary sewer line on Bayberry Street in the Pecan Acres Addition, and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a Pro-Rata Agreement with Jim Gabbard for the construction of 231 feet of 8-inch sanitary sewer line on Bayberry Street in the Pecan Acres Addition, and authorization for the Mayor to execute same on behalf of the Town.
2. Consider approval of the Purchase Agreement and Oath of Purchaser of Acquiring Entity allowing Twin Coves Water Supply Corporation to make an application to the Texas Natural Resources Conservation Commission (TNRCC) to transfer the Certificate of Convenience and Necessity (CCN) to the Town of Flower Mound, and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve the Purchase Agreement and Oath of Purchaser of Acquiring Entity allowing Twin Coves Water Supply Corporation to make an application to the Texas Natural Resources Conservation Commission (TNRCC) to transfer the Certificate of Convenience and Necessity (CCN) to the Town of Flower Mound, and authorization for the Mayor to execute same on behalf of the Town.
3. Consider approval of the Participation Agreement allowing the Town of Flower Mound to join the Texas Cities Coalition on Stormwater, payment of membership dues in the amount of $7,705.30 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve the Participation Agreement allowing the Town of Flower Mound to join the Texas Cities Coalition on Stormwater, payment of membership dues in the amount of $7,705.30 and authorization for the Mayor to execute same on behalf of the Town.
4. Consider approval allowing WideOpenWest to submit a proposal to amend its current cable franchise - in a manner that conforms in terms, conditions and duration to those negotiated with AT&T Broadband and CoServ Cable - as a result of the currently ongoing Community Needs Assessment, or have it be subject to revocation for non-performance, in the event that they choose not to submit a proposal.
RECOMMENDATION: Approve allowing WideOpenWest to submit a proposal to amend its current cable franchise - in a manner that conforms in terms, conditions and duration to those negotiated with AT&T Broadband and CoServ Cable - as a result of the currently ongoing Community Needs Assessment, or have it be subject to revocation for non-performance, in the event that they choose not to submit a proposal.
5. Consider approval of a contract with the Embassy Suites Hotel to provide professional banquet services related to the 3rd Annual Flower Mound Father/Daughter Prom on March 2, 2002 and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Approve a contract with the Embassy Suites Hotel to provide professional banquet services related to the 3rd Annual Flower Mound Father/Daughter Prom on March 2, 2002 and authorization for the Mayor to execute same on behalf of the Town.
6. Consider approval of an ordinance vacating and abandoning 2 feet of the existing 10-foot utility easement located along the south property line of Lot 55, Block 10, Carriage Glenn at Bridlewood Addition. The Carriage Glenn at Bridlewood Addition is generally located north of Cross Timbers Road/FM 1171 and east of Bridlewood Boulevard.
RECOMMENDATION: Approve Ordinance No. 78-01 vacating and abandoning 2 feet of the existing 10-foot utility easement located along the south property line of Lot 55, Block 10, Carriage Glenn at Bridlewood Addition. The Carriage Glenn at Bridlewood Addition is generally located north of Cross Timbers Road/FM 1171 and east of Bridlewood Boulevard. The ordinance caption reads as follows:
ORDINANCE NO. 78-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, VACATING AND ABANDONING 2 FEET OF THE EXISTING 10-FOOT UTILITY EASEMENT LOCATED ALONG THE SOUTH PROPERTY LINE OF LOT 55, BLOCK 10, OF THE CARRIAGE GLENN AT BRIDLEWOOD ADDITION, AN ADDITION TO THE TOWN OF FLOWER MOUND, DENTON COUNTY, TEXAS; DETERMINING THAT THERE IS NO CURRENT NOR PROJECTED FUTURE NEED FOR PORTION OF SAID EASEMENT DEPICTED IN EXHIBIT "A"; REQUIRING A HOLD HARMLESS AGREEMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Spruill, Wingard, Cook, Baze
NAYS: None
ABSENT: Travis
K. REGULAR ITEMS
7. Consider approval of an ordinance amending Section 1.00 of Chapter 6, Health and Sanitation, of the Code of Ordinances relative to tall weeds and grass, stagnant water, and unsanitary and unsightly matter by adding new Subsections 1.02 (c) (d) and (e) by providing exemptions for natural state designations, conservation easements and floodplains.
Lisa Duello, Director of Environmental Health Services, informed the Council that this item had a long history and came to light in July 2000. The subject drainage easement was platted as part of each individual lot, and each spring the grass and weeds grow unsightly. Staff brought three options to the Town Council at the September 28, 2000, work session. One resolution was that each property owner would sign an agreement to maintain the easement that would be filed in Denton County. The owners would agree that the Town would clean the easement one time. The second option was to keep the easement in its natural state. The third option was that the Town would take over total maintenance. Staff held a neighborhood meeting on October 29, 2001 and explained the options to those present (nine residents). Staff recommended that the natural drainageways in the floodplain remain in a natural state. This recommendation was, in large part, a response to the implementation of the Environmental Protection Agency's (EPA) new Phase II Stormwater Regulations that would be applicable to the Town in March 2003. She noted that some of the owners wanted to continue to maintain the property and the Town would allow this, however they would not be allowed to alter the drainageway in any way by filling the floodplain area. She noted that should debris, as a result of a rain event, be caught and impede the flow of water, the Town would remove the debris at the homeowner's request. Ms. Duello stated she had received one e-mail, from James Jack, that expressed satisfaction with staff's recommendation.
Councilmember Cook asked if there were any other areas like this in Flower Mound.
Ms. Duello responded that this was a unique situation where the property was platted to the property owners.
Mayor DeLuca stated she had spoken with some of the residents and they had not realized that they were responsible for the maintenance of the property behind their fences. She noted that the proposed ordinance would help the Town come into compliance with the new EPA standards.
Councilmember Wingard made a motion to approve Ordinance No. 79-01 amending Section 1.00 of Chapter 6, Health and Sanitation, of the Code of Ordinances relative to tall weeds and grass, stagnant water, and unsanitary and unsightly matter by adding new Subsections 1.02 (c) (d) and (e) by providing exemptions for natural state designations, conservation easements and floodplains. Councilmember Baze seconded the motion. The ordinance caption reads as follows:
ORDINANCE NO. 79-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING CHAPTER 6, HEALTH & SANITATION, OF THE CODE OF ORDINANCES RELATIVE TO TALL WEEDS AND GRASS, STAGNANT WATER, AND UNSANITARY AND UNSIGHTLY MATTER BY ADDING NEW SUBSECTIONS 1.02(c), (d) AND (e) RELATIVE TO WEEDS AND BRUSH OVER TWELVE INCHES HIGH BY PROVIDING EXEMPTIONS FOR NATURAL STATE DESIGNATIONS, CONSERVATION EASEMENTS AND FLOOD PLAINS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Baze, Cook, Wingard, Spruill
NAYS: None
ABSENT: Travis
8. Public Hearing (SUP/SP-234-01) to consider approval of a request from Sprint PCS to add a Specific Use Permit for a commercial communication tower on approximately 0.3 acres of land in Planned Development District 34 (PD-34) and to consider amending an ordinance providing for said Specific Use Permit. The property is generally located on the west side of Old Settlers Road, south of Peters Colony Road on the Flower Mound High School campus. (The Planning and Zoning Commission recommended approval by a vote of 4 - 0 at its October 22, 2001 meeting.)
Staff Presentation
Nancy McBeth, Director of Planning Services, stated the subject property was located on the Flower Mound High School (FMHS) property. The request was for a 100' pole that looked like the existing light poles on the property. There would be no enclosed building - only a small equipment cabinet. The tower would allow for co-locations. An eight foot (8') lightning rod would be located on top of the pole. She stated that the property to the north of the school was zoned Agriculture and used for residential purposes. The property on the east side was zoned for Office uses. A Town park was to the south. The request included a 12 foot wide easement from Old Settlers in order to allow access to the tower. The entrance would be gated and locked. She noted the Planning & Zoning Commission recommended approval.
Mr. Mason stated it was a pleasure to work with the Town Staff on this request. He stated Sprint PCS started the search for a location in September 1999. Sprint looked at other school locations in the Town - however they were too close to existing Sprint locations. In March 2001, representatives from Sprint met with the Lewisville Independent School District (LISD) Superintendent to discuss the site at FMHS. After negotiations, the lease was finalized and Sprint submitted the application for a Specific Use Permit on August 20, 2001. On October 22, 2001, the Planning & Zoning Commission recommended approval. Mr. Mason stated the location was approximately 50 feet south of the football field. He noted the additional lighting and lease amounts would benefit the LISD, adding that the LISD would own the lights and Sprint would own the pole. A mesh cover would be placed over the compound around the pole for security. Trees (3 inch caliper by 6 foot Southern Live Oaks) would screen the compound. Mr. Mason stated the pole would accommodate one other carrier in addition to the school district's repeater.
Mayor DeLuca asked if Sprint had considered the Town's existing water tower as a location.
Mark Hodges, Sprint representative, stated it was too far out of the needed area, but the water tower location was discussed.
Councilmember Cook asked for the locations of other towers in the vicinity.
Mr. Mason responded that towers were located at 6920 Hawk, on Olympia (Central Fire Station), and near the intersection of FM 2499/FM 3040.
Councilmember Baze asked when the tower would be erected.
Mr. Mason commented it would go up as soon as the building permit was approved, - approximately 30 days.
Councilmember Wingard asked how many additional carriers could co-locate.
Mr. Mason responded the pole could accommodate one additional carrier including the LISD repeater.
Councilmember Cook asked for the amount of rent that the school district would receive.
Mr. Mason commented he was not at liberty to say at this time, however a contract had been signed.
Councilmember Cook commented that the contract was a public record.
Mr. Hodges believed it was $1,500 per month.
Questions and Answers None
In Support None
Close Public Hearing
Council Deliberation
Councilmember Cook made a motion to approve a request from Sprint PCS to add a Specific Use Permit for a commercial communication tower on approximately 0.3 acres of land in Planned Development District 34 (PD-34) and adopt Ordinance No. 80-01, amending Ordinance No. 43-95, providing for said Specific Use Permit. The property is generally located on the west side of Old Settlers Road, south of Peters Colony Road on the Flower Mound High School campus, subject to the following conditions:
1. The Specific Use Permit is granted specifically to Sprint PCS at the location stated herein and shall not be transferred to any other person, entity, or location without the approval of the Town of Flower Mound.
2. The attached site plan shall be an exhibit to the Specific Use Permit and will be required to be amended in accordance with any recommendations made by the Commission as approved by Council.
3. The site plan shall be labeled "Exhibit B" and attached to the Specific Use Permit ordinance. If the property is not developed as approved, the development shall be a violation of the ordinance.
4. If a building permit application has not been submitted to the Building Inspection Division within one year of approval of the ordinance, the Specific Use Permit granted herein shall be null and void.
5. Co-location at this facility by a separate telecommunications entity may be allowed upon application and approval of a Specific Use Permit in accordance with Town rules and procedures.
Councilmember Baze seconded the motion. The ordinance caption reads as follows:
ORDINANCE NO. 80-01
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 TOWN'S CODE OF ORDINANCES (LAND DEVELOPMENT CODE), AND AMENDING ORDINANCE NUMBER 43-95 OF THE TOWN OF FLOWER MOUND, TEXAS, BY AMENDING PLANNED DEVELOPMENT 34 (PD-34) FOR INSTITUTIONAL USES TO ADD A SPECIFIC USE PERMIT (SUP/SP-234-01) ON 0.3 ACRES OF LAND FOR A COMMERCIAL COMMUNICATIONS TOWER; REPEALING ALL CONFLICTING ORDINANCES, ORDERS, OR RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mr. Mason agreed to the special conditions as read.
VOTE ON THE MOTION
AYES: Spruill, Wingard, Cook, Baze
NAYS: None
ABSENT: Travis
9. Public Hearing (TZA-09-01) to consider an appeal of the recommendation for denial by the Planning and Zoning Commission for a request from Dowdy, Anderson & Associates, on behalf of Standard Pacific of Texas, Inc., for a Threshold Zoning Analysis on approximately 30.6 acres of land in the J.E. Watkins Survey, Abstract No. 1324. The property is generally located on the south side of Waketon Road, approximately 1.5 miles west of Morriss Road. (The Planning and Zoning Commission recommended denial by a vote of 4 - 0 at its October 22, 2001 meeting. Staff is recommending that this item be POSTPONED until the January 7, 2002 Town Council meeting.)
Director of Planning Services Nancy McBeth informed the Council that staff requested postponing this public hearing and the one for Item 10 to the January 7, 2002 Council meeting. Staff had neglected to send the 200-foot notices on the two items.
Mayor DeLuca asked when the SMARTGrowth Commission would be meeting.
Town Manager James stated that staff would have information by March 2002 to present to the Commission.
Councilmember Spruill made a motion that this item be postponed until the January 7, 2002 Town Council meeting, and Councilmember Wingard seconded the motion.
VOTE ON THE MOTION
AYES: Baze, Cook, Wingard, Spruill
NAYS: None
ABSENT: Travis
10. Public Hearing (Z-04-01) to consider an appeal of the recommendation for denial by the Planning and Zoning Commission for a request from Dowdy, Anderson & Associates, on behalf of Standard Pacific of Texas, Inc., for a change in zoning from an Agriculture (A) zoning district to Single Family 15 (SF-15) zoning district, on approximately 30.6 acres of land in the J.E. Watkins Survey, Abstract No. 1324. The property is generally located on the south side of Waketon Road, approximately 1.5 miles west of Morriss Road. (The Planning and Zoning Commission recommended denial by a vote of 4 - 0 at its October 22, 2001 meeting. Staff is recommending that this item be POSTPONED until the January 7, 2002 Town Council meeting.)
Councilmember Spruill made a motion that this item be postponed until the January 7, 2002 Town Council meeting, and Councilmember Wingard seconded the motion.
VOTE ON THE MOTION
AYES: Spruill, Wingard, Cook, Baze
NAYS: None
ABSENT: Travis
L. COORDINATION OF CALENDARS
The Town Council agreed to have a special called meeting on Tuesday, December 11, 2001.
M. FUTURE AGENDAS
Councilmember Spruill asked that the Youth Action Council be notified and invited to attend the December 3, 2001 Town Council meeting to give the monthly report.
N. CLOSED SESSION
11&12. The Town Council convened into closed session at 7:52 p.m. on Monday, November 19, 2001, 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 9:00 p.m. on Monday, November 19, 2001, 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.
No action taken.
b. Discuss and consider annual review of Town Secretary.
No action taken.
c. Discuss and consider appointments to the Library Board.
No action taken.
d. Discuss and consider appointments to the Planning and Zoning Commission.
No action taken.
e. Discuss and consider appointments to the Zoning Board of Adjustment.
No action taken.
f. Discuss and consider appointments to the Animal Services Board.
No action taken.
g. Discuss and consider annual review of Town Manager.
No action taken.
P. ADJOURNMENT - TOWN COUNCIL MEETING
Councilmember Wingard made a motion to adjourn at 9:01 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, TRMC/CMC, TOWN SECRETARY