FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 373
THE FLOWER MOUND TOWN COUNCIL REGULAR MEETING HELD ON THE 16th DAY OF APRIL, 2012, 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 meeting with the following members present:
Melissa Northern Mayor Al Filidoro Mayor Pro Tem Steve Lyda Deputy Mayor Pro Tem Kendra Stephenson Councilmember Place 1 Mark Wise Councilmember Place 3 Tom Hayden Councilmember Place 5 constituting a quorum with the following members of the Town Staff participating:
Harlan Jefferson Town Manager Theresa Scott Town Secretary Terrence Welch Town Attorney Kent Collins Assistant Town Manager Chuck Springer Assistant Town Manager/CFO Gary Sims Executive Director of Community Services Chuck Jennings Recreation Superintendent
Mayor Northern called the meeting to order at 6:01 p.m. and at the consensus of council moved presentations ahead of the briefing session in consideration of those in the audience.
E. INVOCATION
Chaplain Don Cone gave the invocation.
F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE TEXAS FLAG
Mayor Northern led the pledges.
G. PRESENTATIONS
Mayor Northern extended certificates of recognition or achievement to the following groups or individuals: 1. Certificate of Recognition presented to Flower Mound High School Boys Soccer - Coach David Doyle. 2. Certificate of Recognition presented to Lauren Braun, Marcus High School, C-SPAN’s StudentCam 2012 Award. 3. Certificate of Achievement presented to Andrew Hitscherich, Eagle Scout FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 374
5. Certificate of Achievement presented to Marcus High School Boys Basketball Team - Coach Danny Henderson, Varsity Assistants Brian Blackburn and Kenneth Boren
Mayor Northern presented a proclamation to the following groups or individuals:
Court Appointed Special Advocates (CASA) of Denton County Proclamation – Sherri Gideon
A. CALL BRIEFING SESSION TO ORDER
B. BRIEFING SESSION
Mayor Northern opened the briefing session at 6:30 p.m.
1. Town Council Boards and Commissions Subcommittee Reports
Deputy Mayor Pro Tem Lyda reported the Transportation Commission met last Tuesday and he provided some highlights from that meeting.
Councilmember Wise reported attending the Planning & Zoning meeting on April 9th and he provided some highlights from that meeting.
Councilmember Hayden reported the PALS Board met on April 5th and he provided some highlights from that meeting.
2. Discuss Consent and Regular Items
Mayor Pro Tem Filidoro requested Item 5 be pulled from the Consent Agenda.
Deputy Mayor Pro Tem Lyda requested Item 4 be pulled from the Consent Agenda.
3. Request Future Agenda Items
Deputy Mayor Pro Tem Lyda noted that in speaking with some of the seniors, there seems to be some confusion with regard to future plans for the permanent senior center, as well as use of the current facility. For this reason he suggested bringing forward a Blue Ribbon Committee for the purpose of gaining input and identifying plans for a future senior center. There was consensus by Council to move forward with this request.
Councilmember Stephenson inquired about having Council Communications as part of the packet. There was consensus by Council to move forward with having this item on a future agenda.
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4. Discuss Council Communications
FY 2012-2013 Community Support Funding Mr. Jefferson noted this item is presented to council annually for the purpose of gaining feedback regarding if they are aware of an agency that would like to apply for community support funding, as well as provides Council with an opportunity to voice concerns regarding existing agencies currently receiving funding. He noted there were no comments from Council to date.
Councilmember Hayden asked if the Town had received any new applications. Mr. Jefferson indicated not to date, however, the process has just started.
Mr. Jefferson noted staff will proceed with the regular advertising process and any new applications would be brought forward in the way of a presentation by that organization at the June Town Council Work Session.
Fund raising for the Community Built Playground Mr. Jefferson noted there is an upcoming presentation regarding design and the funding aspect of this project. He noted thus far the feedback from Council is supportive.
Deputy Mayor Pro Tem Lyda commented he would like to have a clause in the agreement for the Town to have the ability to decline offensive or inappropriate sponsors of the playground given it is a children’s park.
Councilmember Stephenson expressed interest in being able to accept any level of funding support instead of having a minimum (e.g. not the $150 minimum as stated in the options presented), which would allow children to participate.
Methods used to communicate with Town Council and concerns raised at the April 2, 2012, Council meeting Mr. Jefferson noted the communication addresses the concerns raised at the April 2nd Town Council meeting.
Councilmember Stephenson noted it’s her preference to make sure when there is a situation in which a citizen is requesting the Town do something different, a Council Communication should get initiated and distributed to the entire council.
C./D. ADJOURN BRIEFING SESSION AND CALL REGULAR MEETING TO ORDER
Mayor Northern adjourned the briefing session and called the regular meeting to order at 6:43 p.m.
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H. PUBLIC PARTICIPATION
Bryan Webb, 4112 High Rd, Flower Mound, TX Mr. Webb expressed concern regarding decisions made by some council members in relation to Kroger and Lakeside DFW.
Michelle French, 11699 Mitchell Cir, Ponder, TX 76259 Ms. French announced her candidacy for Denton County Tax Assessor.
Laurie Long, 2708 Lake Flower Dr, Flower Mound, TX Ms. Long expressed concern that the oil and gas ordinance is at risk due to three members of council being able to change that ordinance. She also offered comments related to council candidates.
Virginia Jellison, 2705 Lakeville Ln, Flower Mound, TX Ms. Jellison expressed concern about past statements made by council members related to how items get placed on the Town Council Agenda.
Nelson Thibodeaux, 5612 Coventry, Colleyville, TX Mr. Thibodeaux encouraged elected officials to do their due diligence in relation to Realty Capital and the Lakeside DFW project.
Kia Mastey, 3608 Polo Run Dr, Flower Mound, TX Ms. Mastey expressed concerns regarding the site plan for Lakeside DFW and a need for businesses to be in place prior to housing, and encouraged due diligence in the project to ensure it’s success.
Cindy Barnett, 5401 Park Place, Flower Mound, TX 75028 Ms. Barnett expressed concern regarding Prairie Creek erosion.
Kathy Duke, 2403 Park View, Highland Village, TX 75077 Ms. Duke announced her candidacy for Lewisville Independent School District, Place 1.
William B Travis, 575 Orchid Hill Ln, Argyle, TX 76226 Mr. Travis announced his candidacy for Denton County Sheriff.
Jodie Boutilier, 2201 Jester Ln, Flower Mound, TX 75028 Ms. Boutilier expressed concern regarding a letter about the Kroger denial written by Planning & Zoning Commission Chair Dennis McKaige.
Patsy Mizeur, 1821 Castle Ct, Flower Mound, TX 75028 Ms. Mizeur expressed concern that some council members are being excluded from Town matter discussions.
Mary Kay Walker, 2229 Oak Meadow, Flower Mound, TX 75028 Ms. Walker announced the upcoming 2nd annual senior fundraising event of Casino Night. FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 377
Steve Dixon, 4604 Wisdom Creek Ct, Flower Mound, TX 75028 Mr. Dixon suggested Council table Items 15 and 16 on the Agenda and to let the new Council decide. He also announced his campaign website.
Tanner Wilson, 4925 Creekwood Dr, Flower Mound, TX 75028 Mr. Wilson highlighted the works of hockey player and Flower Mound resident Chris Brown, for signing an NHL entry level contract with the Phoenix Coyotes.
I. ANNOUNCEMENTS
Mayor Northern had the following announcements: Chamber luncheon Chamber bowling tournament Flower Mound Fit walk Independence Fest She provided event details, dates, times, and locations for each of these events.
Deputy Mayor Pro Tem Lyda had the following announcements: Public Works Truck Rodeo Sky Warn spotter training He provided event details, dates, times, and locations for each of these events.
Councilmember Wise announced he will be attending the Denton County Washington Fly-in event.
Councilmember Hayden had the following announcements: Town is accepting suggestions for the skate park Library Master Plan is underway and accepting input from the public He provided event details, dates, times, and locations for each of these events.
J. TOWN MANAGER’S REPORT
Mr. Jefferson reported on the following CIP items:
Traffic Signal at FM 1171 and Tour 18 Intersection. The Town received a request to conduct a traffic signal warrant for the intersection of FM 1171 and Tour 18 Drive. After staff conducted the warrant, it was determined that a traffic signal is warranted at that location. This information was communicated to TxDOT, resulting in their approval. TxDOT requested that the Town consider installing a temporary signal, which could cost $50,000 – 75,000, with a permanent signal costing $150,000. By installing the temporary signal it helps with traffic flow during the construction and reduces the cost of paying for the permanent signal. He indicated if Council is acceptable to that recommendation, a CIP Amendment would be brought forward later in the year.
FM 1171 Redesign (Sections II & III) The Town received comments from TxDOT engineers which proposing a redesign FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 378
of the stripping for the purpose of being in compliance with Federal requirements relating to lane widths.
Western Elevated Storage Tank He noted the bowl was raised today and it should be operational by the summer of this year. He also highlighted anticipated improvements as a result of this tank becoming operational. FM 407 He noted the project is in a holding pattern. TxDOT and the contractor are in negotiations regarding quantity and allotted time frame to complete the project.
K. CONSENT ITEMS
1. Consider approval of Bid No. 46-12-B, for the construction of phase five of the CDBG - Sunrise Circle Paving Improvements project, to 3D Paving and Contracting, LLC, in the amount of $453,243.00; and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Move to approve Bid No. 46-12-B, for the construction of phase five of the CDBG - Sunrise Circle Paving Improvements project, to 3D Paving and Contracting, LLC, in the amount of $453,243.00; and authorization for the Mayor to execute same on behalf of the Town.
2. Consider approval of a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of phase five of the CDBG – Sunrise Circle Paving Improvements project, in the amount of $17,641.00; and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Move to approve a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of phase five of the CDBG – Sunrise Circle Paving Improvements project, in the amount of $17,641.00; and authorization for the Mayor to execute same on behalf of the Town.
3. Consider approval of the award of Competitive Sealed Bid No. 45-12-B for the construction of the Waketon Elevated Storage Tank Rehabilitation project to N.G. Painting, L.P., in the amount of $982,500.00; and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Move to approve the award of Competitive Sealed Bid No. 45-12-B for the construction of the Waketon Elevated Storage Tank Rehabilitation project to N.G. Painting, L.P., in the amount of $982,500.00; and authorization for the Mayor to execute same on behalf of the Town.
Item 4 was pulled at the request of Councilmember Lyda. FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 379
Item 5 was pulled at the request of Mayor Pro Tem Filidoro.
6. Consider approval of final acceptance and Change Order No. 5 for the construction of the Assimilation of Water Supply Corporations project, amending the contract with RKM Utility Services, Inc., for a decrease in the amount of $607.00; acceptance of the project; authorization of final payment to the contractor, RKM Utility Services, Inc., in the amount of $64,757.86; and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Move to approve final acceptance and Change Order No. 5 for the construction of the Assimilation of Water Supply Corporations project, amending the contract with RKM Utility Services, Inc., for a decrease in the amount of $607.00; acceptance of the project; authorization of final payment to the contractor, RKM Utility Services, Inc., in the amount of $64,757.86; and authorization for the Mayor to execute same on behalf of the Town.
7. Consider approval of a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of the West Windsor Extension project, in the amount of $80,354.0; and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Move to approve a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of the West Windsor Extension project, in the amount of $80,354.0; and authorization for the Mayor to execute same on behalf of the Town.
8. Consider approval of a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of section one of the Wellington Interceptor project, in the amount of $37,381.00; and authorization for the Mayor to execute same on behalf of the Town.
RECOMMENDATION: Move to approve a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of section one of the Wellington Interceptor project, in the amount of $37,381.00; and authorization for the Mayor to execute same on behalf of the Town.
9. Consider approval of the purchase of one wheel loader/tool carrier for the Utility Services Division from Holt CAT, through the Texas Local Government Purchasing Cooperative, in the amount of $99,259.38.
FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 380
RECOMMENDATION: Move to approve the purchase of one wheel loader/tool carrier for the Utility Services Division from Holt CAT, through the Texas Local Government Purchasing Cooperative, in the amount of $99,259.38.
10. Consider approval of Bid No. 42-12-B for the purchase of three dump trucks to Sam Packs Five Star Ford of Carrollton, in the amount of $199,734. RECOMMENDATION: Move to approve Bid No. 42-12-B for the purchase of three dump trucks to Sam Packs Five Star Ford of Carrollton, in the amount of $199,734.
Deputy Mayor Pro Tem Lyda moved to approve by consent Items 1 – 3, and 6 – 10. Mayor Pro Tem Filidoro seconded the motion. Each item, as approved by consent, is restated below along with the approved recommendation, and if applicable, the Ordinance or Resolution caption for each, for the record.
VOTE ON MOTION
AYES: Stephenson, Filidoro, Lyda, Wise, Hayden NAYS: None
L. REGULAR ITEMS
Item 4 was pulled at the request of Councilmember Lyda.
4. Consider approval of the award of Bid No. 44-12-B, to Felix Associates of Florida, Inc. DBA Lone Star Civil Construction, Inc., for the construction of the Wichita Trail Phase II (Simmons to Skillern) project, in the amount of $2,313,274.70; and authorization for the Mayor to execute same on behalf of the Town.
Staff Presentation
Mr. Collins provided background information related to the item and pointed out the bid takes the roadway of Wichita Trail from a two-lane asphalt road to an improved widened two-lane concrete section. He noted the bid came in at $18,733 below the engineer’s estimate and he identified how the project is to be funded.
Mayor Northern asked if it will have the extended lane for bicycles.
Mr. Collins replied that is correct.
Deputy Mayor Pro Tem Lyda commented that it is for this reason he pulled the item to make sure the residents were aware of what is being done and how it’s an implementation of the complete streets concept to address bicycle safety.
FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 381
Deputy Mayor Pro Tem Lyda moved to approve the award of Bid No. 44-12-B, to Felix Associates of Florida, Inc. DBA Lone Star Civil Construction, Inc., for the construction of the Wichita Trail Phase II (Simmons to Skillern) project, in the amount of $2,313,274.70; and authorization for the Mayor to execute same on behalf of the Town. Councilmember Wise seconded the motion.
VOTE ON MOTION
AYES: Hayden, Wise, Lyda, Filidoro, Stephenson NAYS: None.
Item 5 was pulled at the request of Mayor Pro Tem Filidoro.
5. Consider approval of Amendment No. 3 to the Fiscal Year 2011-2012 Capital Improvement Program.
Staff Presentation
Mr. Collins gave a presentation related to the items associated with CIP Amendment No. 3, associated cost for each.
He pointed out current plans that are being considered to address the various elements of the Prairie Creek erosion situation. He further pointed out the position the Town has taken historically in relation to creeks.
His presentation is as follows:
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Mr. Collins and Mr. Jefferson responded to questions from Councilmembers related to: past practices in these situations funding sources the exact areas that will be addressed and what is currently planned to stop the erosion outfall and flow resident communication process with regard to when a development project is impacting neighborhoods clarification regarding the ordinance change that would be required should there be a shift to institute channels in creeks, along with the process to institute such difference in area detention ponds drainage easements follow-up measures once the work is done and associated maintenance FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 390
any evidence of loss of land on personal property Comments from Council: would prefer not to have rocks for erosion control due to children accessing the area would like to see a map for identification of property lines would like additional public input
Councilmember Stephenson moved to approve Amendment No. 3 to the Fiscal Year 2011-2012 Capital Improvement Program. Councilmember Wise seconded the motion.
VOTE ON MOTION
AYES: Stephenson, Filidoro, Lyda, Wise, Hayden NAYS: None
11. Consider approval of the naming of the community built playground at The Heritage Park of Flower Mound.
Staff Presentation
Mr. Jennings provided background information regarding the formation of the steering committee and the naming process, associated cost, examples of designs for the playground from students.
Normal Kruger, 3800 Hide-a-Way Lane, Flower Mound (PALS Board Chair)
Ms. Kruger provided background information regarding the committee. She also announced a need for volunteers with the project.
Don McDaniel, 3801 Hide-a-Way Lane, Flower Mound Mr. McDaniel offered thanks to the children involved with the naming process. He offered three proposed names for the playground park, noting that Fort Wildflower was their first choice. Some of the children involved were present at the Council meeting and introduced themselves.
Mayor Pro Tem Filidoro moved to approve that the community built playground situated at The Heritage Park of Flower Mound be named Fort Wildflower. Councilmember Lyda seconded the motion.
VOTE ON THE MOTION
AYES: Hayden, Wise, Lyda, Filidoro, Stephenson NAYS: None.
Mayor Northern opened Items 12 and 13 at 8:53 p.m.
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12. ZPD 06-11 – Orchard Flower Public Hearing Public Hearing to consider a request for rezoning (ZPD 06-11 - Orchard Flower) from Industrial District-1 (I-1), Retail District-1 (R-1), and Retail District-2 (R-2) uses to Planned Development District-120 (PD-120) with Single-Family District-5 (SF-5) and Retail District-2 (R-2) uses with an exception to Section 82-302, Compatibility buffer, of the Code of Ordinances and an exception to Section 90- 311, Street design standards, as authorized by Section 90-301, Exception to street standards, of the Code of Ordinances, and to consider adopting an ordinance providing for said amendment. The property is located at 100, 122, and 132 Flower Mound Road. (The Planning and Zoning Commission recommended approval by a vote of 4 to 0 at its March 26, 2012, meeting.)
Staff Presentation
Mr. Powell provided a presentation which offered background information, concept plan, amenity area details, building elevations, and retail building renderings, and he pointed out it is an age restricted community. He further pointed out the associated exceptions being requested for the project. Dean Eldridge, Owner, Orchard Flower Partners, LP, P. O. Box 1629, Colleyville, TX 76034 Mr. Eldridge provided a background summary of the project. Anthony Natale, Grenadier FM, LLC, 7312 Oak Bluff Dr, Dallas, TX Mr. Natale provided company background information, a project summary, including landscape/amenity plan features, retail and office space breakdowns and proposed renderings (front and back of building), residential compatibility screening, elevations, construction materials, and the concept plan. Mr. Natale responded to questions from Council members related to: option of homeowners to have a pool availability of 2-story homes rear retail space location of dumpsters screening price point of the homes and associated HOA dues (and what is covered) features within the amenities center anticipated construction start date Mayor Northern opened the Public Hearing at 9:35 p.m.
Public Participation
No participation. Mayor Northern closed the Public Hearing at 9:37 p.m.
Council Deliberation
None. FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 392
Councilmember Wise moved to approve a request for rezoning ZPD 06-11 - Orchard Flower from Industrial District-1 (I-1), Retail District-1 (R-1), and Retail District-2 (R-2) uses to Planned Development District-120 (PD-120) with Single- Family District-5 (SF-5) and Retail District-2 (R-2) uses with an exception to Section 82-302, Compatibility buffer, of the Code of Ordinances and an exception to Section 90-311, Street design standards, as authorized by Section 90-301, Exception to street standards, of the Code of Ordinances, and adopt an ordinance providing for said amendment. Mayor Pro Tem Filidoro seconded the motion.
ORD. NO. 12-12
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 FROM INDUSTRIAL DISTRICT-1 (I-1), RETAIL DISTRICT-1 (R-1) AND RETAIL DISTRICT-2 (R-2) USES TO PLANNED DEVELOPMENT DISTRICT-120 (PD-120) WITH SINGLEFAMILY DISTRICT-5 (SF-5) AND RETAIL DISTRICT-2 (R-2) USES, ON APPROXIMATELY 27.307 ACRES OF LAND SITUATED IN THE ROSANNAH BAKER SURVEY, ABSTRACT NO. 49, SAID LAND BEING ALL OF LOTS 1 AND 2, BLOCK A, WINBORN ADDITION, IN ACCORDANCE WITH THE TOWN’S MASTER PLAN AND 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: Stephenson, Filidoro, Lyda, Wise Hayden NAYS: None
13. DP 07-11 – Orchard Flower Consider a request for a Development Plan (DP 07-11 - Orchard Flower) to develop a residential subdivision and retail center. The property is located at 100, 122, and 132 Flower Mound Road. (The Planning and Zoning Commission recommended approval by a vote of 4 to 0 at its March 26, 2012, meeting.)
Deputy Mayor Pro Tem Lyda moved to approve Development Plan (DP 07-11 – Orchard Flower) to develop a residential subdivision and retail center. Councilmember Wise seconded the motion.
VOTE ON THE MOTION
AYES: Hayden, Wise, Lyda, Filidoro, Stephenson NAYS: None.
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14. Chapter 380 Economic Development Agreement Public Hearing Public Hearing to consider a Chapter 380 Partnership Agreement with Sales Center Development Concepts XI, LLC, and authorization for the Mayor to execute same on behalf of the Town.
Staff Presentation
Mr. Springer provided background information regarding the proposal as presented by Sales Center Development Concepts XI, LLC. He further defined the sales tax process in the State of Texas, and provided an outline related to the structure of the agreement.
Mr. Springer responded to questions from Councilmembers related to: the option of the company to seek better deals exclusion of retailers already in the community rebate percentages due diligence process related to the company Mr. Springer and Mr. Jefferson responded to questions from Councilmembers related to: anticipated revenue other cities that have entered into this type of agreement Mr. Welch and Mr. Springer responded to questions from Councilmembers related to: The Town’s obligation in situations where the Town recruits retailers without their involvement and what is the dispute resolution process (first introduction)
Mayor Northern opened the Public Hearing at 10:03 p.m.
Public Participation
No participation.
Mayor Northern closed the Public Hearing at 10:03 p.m.
Council Deliberation
None.
Councilmember Wise moved to approve a Chapter 380 Partnership Agreement with Sales Center Development Concepts XI, LLC; and authorize the Mayor to execute same on behalf of the Town. Councilmember Hayden seconded the motion.
VOTE ON THE MOTION
AYES: Stephenson, Filidoro, Lyda, Wise, Hayden NAYS: None
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15. Consider approval of a Professional Services Agreement with The Retail Coach to conduct an economic development retail feasibility analysis in the amount of $36,250; and authorization for the Mayor to execute same on behalf of the Town.
Mayor Northern also opened Item 16 given there are companion services associated with that item.
16. Consider approval of a Professional Services Agreement with TIP Strategies, Inc., to provide economic development consulting services in the amount of $50,000; and authorization for the Mayor to execute same on behalf of the Town.
Staff Presentation
Mr. Springer provided background information related to events that led to the items coming forward. He also outlined the proposal process, and referenced what is covered in each of the proposed agreements.
Mr. Springer responded to questions from Council members related to: firms that applied and price points phase options for additional services confidentiality of findings related to work product associated impact if the Town waited until June to move forward with approvals timeline as to when work would start if approved selection criteria Councilmember Stephenson asked to see the proposals from the other firms that applied to understand the difference in the methodologies and cost being proposed.
Mr. Jefferson explained the proposal process, as well timing as to when the proposals were received, in addition to past practices related to how this information is presented.
Councilmember Stephenson moved to table a Professional Services Agreement with The Retail Coach to conduct an economic development retail feasibility analysis in the amount of $36,250; to June 18th. Councilmember Hayden seconded the motion.
VOTE ON THE MOTION
AYES: Hayden, Stephenson NAYS: Wise, Lyda, Filidoro
Mayor Pro Tem Filidoro moved to approve a Professional Services Agreement with The Retail Coach to conduct an economic development retail feasibility analysis in the amount of $36,250; and authorization for the Mayor to execute same on behalf of the Town. Deputy Mayor Pro Tem Lyda seconded the motion.
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VOTE ON THE MOTION
AYES: Filidoro, Lyda, Wise NAYS: Stephenson, Hayden
Councilmember Stephenson moved to table a Professional Services Agreement with TIP Strategies, Inc., to provide economic development consulting services in the amount of $50,000; to June 18th. Councilmember Hayden seconded the motion.
VOTE ON THE MOTION
AYES: Hayden, Stephenson NAYS: Wise, Lyda, Filidoro
Deputy Mayor Pro Tem Lyda moved to approve a Professional Services Agreement with TIP Strategies, Inc., to provide economic development consulting services in the amount of $50,000; and authorization for the Mayor to execute same on behalf of the Town. Mayor Pro Tem Filidoro seconded the motion.
VOTE ON THE MOTION
AYES: Filidoro, Lyda, Wise NAYS: Stephenson, Hayden
17. Consider approval of an agreement with Highland Capital Management, L.P., for advance payment of Water Impact Fees by the developer, to be used to assist with the funding for the construction of the HWY 377/UPRR Water Line Ph.1 project that is needed to serve development in the Denton Creek area of western Flower Mound; and authorization for the Mayor to execute same on behalf of the Town.
Staff Presentation
Mr. Collins provided a presentation which included a summary of the agreement, structure of the agreement, associated time frames, phasing of the project, and road impact fees.
Mr. Collins and Mr. Jefferson responded to questions from Council members related to: The proposed Denton County building and timing that would allow them to proceed, along with associated cost to build the water line to that location Road construction needs associated with the proposed Denton County building. Mr. Bret Pedigo, Manna Land, 800 E Campbell, Richardson, TX 75081 Mr. Pedigo responded to questions from Council members related to: the development cycle in relation to getting water to homes construction time frame
Mr. Welch clarified trigger points and timing associated with the agreement. FLOWER MOUND TOWN COUNCIL MEETING OF APRIL 16, 2012 BOOK 40 PAGE 396
Councilmember Hayden moved to approve an agreement with Highland Capital Management, L.P., for advance payment of Water Impact Fees by the developer, to be used to assist with the funding for the construction of the HWY 377/UPRR Water Line Ph.1 project that is needed to serve development in the Denton Creek area of western Flower Mound; and authorization for the Mayor to execute same on behalf of the Town. Mayor Pro Tem Filidoro seconded the motion.
VOTE ON THE MOTION
AYES: Hayden, Wise, Lyda, Filidoro, Stephenson NAYS: None
M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS
Mayor Northern announced the next Town Council meeting is April 19th.
Councilmember Stephenson requested a future agenda item to discuss the background and structure of the Property Standards Committee. There was consensus by Council to have this discussion at the June 18th Town Council meeting.
N./O. CLOSED/OPEN MEETING
The Town Council convened into a closed meeting at 11:32 p.m. on April 16, 2012, pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.087, 551.072, 551.074, and 551.071 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations and reconvened into an open meeting at 12:11 a.m. on April 17, 2012, to take action on the items as follows:
a. Discuss and consider economic development incentives.
No action taken.
b. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto.
No action taken.
c. Discuss and consider appointments to the Animal Services Board, Board of Adjustment, Oil and Gas Board of Appeals, Community Development Corporation, Environmental Conservation Commission, Parks, Arts and Library Services Board, Public Arts Committee, Planning & Zoning Commission, SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One (TIRZ #1), and Transportation Commission.
No action taken.
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