D. CALL MEETING TO ORDER E. INVOCATION F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TO THE TEXAS FLAG “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” G. PRESENTATIONS Virginia Simonson – Flower Mound Petition Drive
H. PUBLIC PARTICIPATION Please fill out an "Appearance Before Town Council" form in order to address the Council, and turn the form in prior to Public Participation, or by 6:10 p.m. to Town Secretary Paula Paschal. Speakers are normally limited to three minutes. Time limits can be adjusted by the Chair as to accommodate more or fewer speakers. The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a Public Hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing". Items that are the subject matter jurisdiction of the Town Council include Town policy and legislative issues. Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at 972-874-6000 during business hours.
TOWN MANAGER’S REPORT ·Update and status report related to operational issues, capital improvement projects, budget projections, grants, legislation and regulatory activities.
1. Consider approval of minutes from a special meeting the Town Council held on March 25, 2010. 2. Consider approval of minutes from a regular meeting the Town Council held on April 5, 2010. 3. Consider approval of a contract for the retrofit of Town Hall Heating, Ventilation and Air Conditioning (HVAC) Control System with Schneider Electric, through an interlocal agreement with the Texas Cooperative Purchasing Network, in the amount of $168,426, and authorization for the Mayor to execute the same on behalf of the Town. 4. Consider approval of a contract for the purchase and installation of a condensing unit for the Police and Municipal Court Building from North Texas Heating & Air Conditioning, Inc., in the amount of $34,355, and authorization for the Mayor to execute the same on behalf of the Town. 5. Consider approval of the purchase of asphalt overlay services from Reynolds Asphalt and Construction Company, through the Innovations Group National Purchasing Alliance cooperative purchasing agreement, in the estimated amount of $267,543. 6. Consider approval of the award of Bid No. 37-10-B, subject to approval of funding by Denton County, Texas, for Garden Ridge Boulevard Phase III (FM 3040 to Spinks Road), to JRJ Paving, LP, in the amount of $4,466,169.90, 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 Flower Mound Road and Flower Mound Road Water Line projects, in the amount of $140,000.00, and authorization for the Mayor to execute same on behalf of the Town. 8. Consider approval of Change Order No. 2 and final acceptance for the construction of Fire Station No. 4; amending the contract with C.R. Reynolds, Inc., for an increase in the amount of $23,219.16; acceptance of the project; authorization for final payment to the contractor, C.R. Reynolds, Inc., in the amount of $163,774.68; and authorization for the Mayor to execute same on behalf of the Town. 9. Consider approval of Change Order No. 5 for construction of the Spinks Road Phase IV project, amending the contract with Ed Bell Construction Company, for an increase in the amount of $21,343.80, and authorization for the Mayor to execute same on behalf of the Town. 10. Consider approval of an ordinance amending the Town’s Code of Ordinances, Chapter 14, Article IX, Sections 14-338 through 14-340, entitled “Guidelines on Landscape and Irrigation Improvements”, relative to the unlawful operation of sprinklers when temperatures are at or below freezing. 11. Consider approval of a resolution adopting a street sweeping agreement and administrative procedures for voluntary participation in the annual street sweeping program. 12. Consider approval of a resolution adopting an asphalt overlay agreement and administrative procedures for voluntary participation in the annual asphalt overlay program. 13. Consider approval of Addendum No. 1 for the Spinks Road Phase IV (Garden Ridge to Duncan) project, amending the contract with Halff Associates, Inc., for an increase of $8,134.00 to the contract amount, and authorization for the Mayor to execute same on behalf of the Town. 14. Consider approval of an ordinance amending Chapter 66, Article V, Section 66-214 of the Code of Ordinances of the Town of Flower Mound relating to prima facie speed limits for specific streets by lowering the prima facie speed limit for Hanover Drive, Hanover Court, Ingleside Drive, and Augusta Drive to 25 mph. 15. Consider approval of a resolution adopting a policy regarding the provision of water and/or wastewater service to entities and others outside the corporate limits of the Town of Flower Mound.
Receive the Town Secretary’s certification of a petition that was submitted to the Town on March 31, 2010 regarding an ordinance declaring a moratorium on the issuance of permits for certain oil and gas pipelines and facilities, and give direction to Town staff regarding same.
SUP 391-10 - Love Your Pet Public Hearing Public Hearing to consider a request for a Specific Use Permit (SUP 391-10 - Love Your Pet) to permit a kennel with indoor pens, and to consider adopting an ordinance providing for said amendment. The property is located at 1900 Long Prairie Road, Suite 100. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its March 22, 2010, meeting.)
SUP/SP 381-09 - Clear Wireless Marcus High School Public Hearing Public Hearing to consider a request for a Specific Use Permit (SUP/SP 381-09 - Clear Wireless Marcus High School) to permit co-location of telecommunication antennas on the Town's existing water tower, and installation of related cables and cabinets with an exception to Section 98-977(8)(a), Landscaping and screening, of the Code of Ordinances, and to consider adopting an ordinance providing for said amendment. The property is located at 2130 Waketon Road. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its March 22, 2010, meeting.)
19. SUP/SP 390-09 - Wonderland Montessori Academy Public Hearing Public Hearing to consider a request for a Specific Use Permit (SUP/SP 390-09 - Wonderland Montessori Academy) to permit a daycare center with an exception to the access management policy and criteria regarding driveway spacing contained in the Town's Engineering Design Criteria and Construction Standards adopted through Chapter 32 of the Code of Ordinances, and an exception to Section 82-302, Compatibility buffer, of the Code of Ordinances, and to consider adopting an ordinance providing for said amendment. The property is located at 3701 Auburn Drive. (The Planning and Zoning Commission recommended approval by a vote of 5 to 1 at its March 22, 2010, meeting.) 20.Tree Removal Public Hearing Public Hearing to consider a tree removal permit for the removal of five specimen trees on property proposed for development as Wonderland Montessori Academy. The property is generally located north of Peters Colony Road and west of Auburn Drive. (The Environmental Conservation Commission recommended approval by a vote of 5 to 0 at their January 5, 2010, meeting.)
21. Chinn Chapel Soccer Complex Public Hearing Public Hearing to receive public input regarding the sale and conveyance for fair market value of an approximate 15.815-acre tract of land located on the northwest corner of FM 407 and Chinn Chapel Road (known as Chinn Chapel Soccer Complex), and purchase of an approximate 23.374-acre property located on the east side of Chinn Chapel Road between Dixon Lane and Waketon Road. M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS N. CLOSED MEETING The Town Council to convene into a closed meeting pursuant to Texas Government Code Sections 551.071, 551.072, 551.074, and 551.087 to discuss matters relating to consultation with Town Attorney, real property, personnel, and economic development negotiations as follows: a. Discuss and consider economic development incentives. b. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto. c. Consultation with the Town Attorney regarding legal issues associated with the interpretation of the provisions of Article 7 of the Town Charter and the initiative petition submitted to the Town on or about March 31, 2010. d. Discuss and consider Town of Flower Mound v. Mockingbird Pipeline, L.P., Cause No. PR-2010-00050, pending in the Court of Appeals in Fort Worth. e. Discuss and review services rendered by Brown & Hofmeister, L.L.P., and including quarterly legal services report. f. Discuss Red Oak Gas LP and Red Oak Gas Operating Company LP v. Town of Flower Mound, Cause No. 2009-30345-211, pending in the 211th Judicial District Court of Denton County, Texas.
The Town Council to reconvene into an open meeting pursuant to Texas Government Code Sections 551.071, 551.072, 551.074, and 551.087 to take any action necessary relating to consultation with Town Attorney, real property, personnel, and economic development negotiations as follows: a. Discuss and consider economic development incentives. b. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto. c. Consultation with the Town Attorney regarding legal issues associated with the interpretation of the provisions of Article 7 of the Town Charter and the initiative petition submitted to the Town on or about March 31, 2010. d. Discuss and consider Town of Flower Mound v. Mockingbird Pipeline, L.P., Cause No. PR-2010-00050, pending in the Court of Appeals in Fort Worth. e. Discuss and review services rendered by Brown & Hofmeister, L.L.P., and including quarterly legal services report. f. Discuss Red Oak Gas LP and Red Oak Gas Operating Company LP v. Town of Flower Mound, Cause No. 2009-30345-211, pending in the 211th Judicial District Court of Denton County, Texas.
D. CALL MEETING TO ORDER E. INVOCATION F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TO THE TEXAS FLAG “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” G. PRESENTATIONS Virginia Simonson – Flower Mound Petition Drive
H. PUBLIC PARTICIPATION Please fill out an "Appearance Before Town Council" form in order to address the Council, and turn the form in prior to Public Participation, or by 6:10 p.m. to Town Secretary Paula Paschal. Speakers are normally limited to three minutes. Time limits can be adjusted by the Chair as to accommodate more or fewer speakers. The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a Public Hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing". Items that are the subject matter jurisdiction of the Town Council include Town policy and legislative issues. Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at 972-874-6000 during business hours.
TOWN MANAGER’S REPORT ·Update and status report related to operational issues, capital improvement projects, budget projections, grants, legislation and regulatory activities.
1. Consider approval of minutes from a special meeting the Town Council held on March 25, 2010. 2. Consider approval of minutes from a regular meeting the Town Council held on April 5, 2010. 3. Consider approval of a contract for the retrofit of Town Hall Heating, Ventilation and Air Conditioning (HVAC) Control System with Schneider Electric, through an interlocal agreement with the Texas Cooperative Purchasing Network, in the amount of $168,426, and authorization for the Mayor to execute the same on behalf of the Town. 4. Consider approval of a contract for the purchase and installation of a condensing unit for the Police and Municipal Court Building from North Texas Heating & Air Conditioning, Inc., in the amount of $34,355, and authorization for the Mayor to execute the same on behalf of the Town. 5. Consider approval of the purchase of asphalt overlay services from Reynolds Asphalt and Construction Company, through the Innovations Group National Purchasing Alliance cooperative purchasing agreement, in the estimated amount of $267,543. 6. Consider approval of the award of Bid No. 37-10-B, subject to approval of funding by Denton County, Texas, for Garden Ridge Boulevard Phase III (FM 3040 to Spinks Road), to JRJ Paving, LP, in the amount of $4,466,169.90, 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 Flower Mound Road and Flower Mound Road Water Line projects, in the amount of $140,000.00, and authorization for the Mayor to execute same on behalf of the Town. 8. Consider approval of Change Order No. 2 and final acceptance for the construction of Fire Station No. 4; amending the contract with C.R. Reynolds, Inc., for an increase in the amount of $23,219.16; acceptance of the project; authorization for final payment to the contractor, C.R. Reynolds, Inc., in the amount of $163,774.68; and authorization for the Mayor to execute same on behalf of the Town. 9. Consider approval of Change Order No. 5 for construction of the Spinks Road Phase IV project, amending the contract with Ed Bell Construction Company, for an increase in the amount of $21,343.80, and authorization for the Mayor to execute same on behalf of the Town. 10. Consider approval of an ordinance amending the Town’s Code of Ordinances, Chapter 14, Article IX, Sections 14-338 through 14-340, entitled “Guidelines on Landscape and Irrigation Improvements”, relative to the unlawful operation of sprinklers when temperatures are at or below freezing. 11. Consider approval of a resolution adopting a street sweeping agreement and administrative procedures for voluntary participation in the annual street sweeping program. 12. Consider approval of a resolution adopting an asphalt overlay agreement and administrative procedures for voluntary participation in the annual asphalt overlay program. 13. Consider approval of Addendum No. 1 for the Spinks Road Phase IV (Garden Ridge to Duncan) project, amending the contract with Halff Associates, Inc., for an increase of $8,134.00 to the contract amount, and authorization for the Mayor to execute same on behalf of the Town. 14. Consider approval of an ordinance amending Chapter 66, Article V, Section 66-214 of the Code of Ordinances of the Town of Flower Mound relating to prima facie speed limits for specific streets by lowering the prima facie speed limit for Hanover Drive, Hanover Court, Ingleside Drive, and Augusta Drive to 25 mph. 15. Consider approval of a resolution adopting a policy regarding the provision of water and/or wastewater service to entities and others outside the corporate limits of the Town of Flower Mound.
Receive the Town Secretary’s certification of a petition that was submitted to the Town on March 31, 2010 regarding an ordinance declaring a moratorium on the issuance of permits for certain oil and gas pipelines and facilities, and give direction to Town staff regarding same.
SUP 391-10 - Love Your Pet Public Hearing Public Hearing to consider a request for a Specific Use Permit (SUP 391-10 - Love Your Pet) to permit a kennel with indoor pens, and to consider adopting an ordinance providing for said amendment. The property is located at 1900 Long Prairie Road, Suite 100. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its March 22, 2010, meeting.)
SUP/SP 381-09 - Clear Wireless Marcus High School Public Hearing Public Hearing to consider a request for a Specific Use Permit (SUP/SP 381-09 - Clear Wireless Marcus High School) to permit co-location of telecommunication antennas on the Town's existing water tower, and installation of related cables and cabinets with an exception to Section 98-977(8)(a), Landscaping and screening, of the Code of Ordinances, and to consider adopting an ordinance providing for said amendment. The property is located at 2130 Waketon Road. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its March 22, 2010, meeting.)
19. SUP/SP 390-09 - Wonderland Montessori Academy Public Hearing Public Hearing to consider a request for a Specific Use Permit (SUP/SP 390-09 - Wonderland Montessori Academy) to permit a daycare center with an exception to the access management policy and criteria regarding driveway spacing contained in the Town's Engineering Design Criteria and Construction Standards adopted through Chapter 32 of the Code of Ordinances, and an exception to Section 82-302, Compatibility buffer, of the Code of Ordinances, and to consider adopting an ordinance providing for said amendment. The property is located at 3701 Auburn Drive. (The Planning and Zoning Commission recommended approval by a vote of 5 to 1 at its March 22, 2010, meeting.) 20.Tree Removal Public Hearing Public Hearing to consider a tree removal permit for the removal of five specimen trees on property proposed for development as Wonderland Montessori Academy. The property is generally located north of Peters Colony Road and west of Auburn Drive. (The Environmental Conservation Commission recommended approval by a vote of 5 to 0 at their January 5, 2010, meeting.)
21. Chinn Chapel Soccer Complex Public Hearing Public Hearing to receive public input regarding the sale and conveyance for fair market value of an approximate 15.815-acre tract of land located on the northwest corner of FM 407 and Chinn Chapel Road (known as Chinn Chapel Soccer Complex), and purchase of an approximate 23.374-acre property located on the east side of Chinn Chapel Road between Dixon Lane and Waketon Road. M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS N. CLOSED MEETING The Town Council to convene into a closed meeting pursuant to Texas Government Code Sections 551.071, 551.072, 551.074, and 551.087 to discuss matters relating to consultation with Town Attorney, real property, personnel, and economic development negotiations as follows: a. Discuss and consider economic development incentives. b. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto. c. Consultation with the Town Attorney regarding legal issues associated with the interpretation of the provisions of Article 7 of the Town Charter and the initiative petition submitted to the Town on or about March 31, 2010. d. Discuss and consider Town of Flower Mound v. Mockingbird Pipeline, L.P., Cause No. PR-2010-00050, pending in the Court of Appeals in Fort Worth. e. Discuss and review services rendered by Brown & Hofmeister, L.L.P., and including quarterly legal services report. f. Discuss Red Oak Gas LP and Red Oak Gas Operating Company LP v. Town of Flower Mound, Cause No. 2009-30345-211, pending in the 211th Judicial District Court of Denton County, Texas.
The Town Council to reconvene into an open meeting pursuant to Texas Government Code Sections 551.071, 551.072, 551.074, and 551.087 to take any action necessary relating to consultation with Town Attorney, real property, personnel, and economic development negotiations as follows: a. Discuss and consider economic development incentives. b. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto. c. Consultation with the Town Attorney regarding legal issues associated with the interpretation of the provisions of Article 7 of the Town Charter and the initiative petition submitted to the Town on or about March 31, 2010. d. Discuss and consider Town of Flower Mound v. Mockingbird Pipeline, L.P., Cause No. PR-2010-00050, pending in the Court of Appeals in Fort Worth. e. Discuss and review services rendered by Brown & Hofmeister, L.L.P., and including quarterly legal services report. f. Discuss Red Oak Gas LP and Red Oak Gas Operating Company LP v. Town of Flower Mound, Cause No. 2009-30345-211, pending in the 211th Judicial District Court of Denton County, Texas.