On the agenda: Flower Mound meeting — data center (Mar 21)
Past ⚠ Agenda Watch Flower Mound, Texas · Monday, March 21, 2022 — 4 years ago
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AGENDA
FLOWER MOUND TOWN COUNCIL REGULAR MEETING
3/21/2022
FLOWER MOUND TOWN HALL, 2121 CROSS TIMBERS ROAD
FLOWER MOUND, TEXAS
6:00 P.M.
*************************************************************
An agenda information packet is available online at www.flower-mound.com/AgendaCenter
*************************************************************
Please silence or turn off all electronic devices in Jody Smith Hall
A.
CALL MEETING TO ORDER
B.
INVOCATION
C.
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.”
D.
E.
PRESENTATIONS
1.
Proclamation and presentation of Hometown Hero-Austin McDaniel
2.
Recognition of the Flower Mound Citizens Academy - Class of 2022
3.
Book presentation by Tarrant County Clerk (2020 Coronavirus Pandemic Book).
4.
School Liaison Committee (SLC) Update
PUBLIC COMMENT
To speak to Council during public comment, please fill out a comment form.
•
•
Speakers are limited to 3 minutes, a tone will sound at 30 seconds left and when time has expired
Please state your name and address when speaking
The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not
indicated as a "Public Hearing" on this agenda. Issues regarding daily operational or administrative matters should
first be dealt with by calling Town Hall at 972.874.6000 during business hours.
F.
ANNOUNCEMENTS
1.
G.
Announcements from the mayor and council members
TOWN MANAGER’S REPORT
Update and discussion on:
1.
Capital Improvement projects
2.
Economic Development projects
3.
Organizational updates
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Town Council Meeting Agenda
March 21, 2022
Page 2
H.
FUTURE AGENDA ITEMS
The purpose of this item is to allow the Mayor and members of Council an opportunity to bring forward items they wish
to discuss at a future meeting, with the understanding a consensus of Council is needed in order for that item to be
placed on a future agenda and in accordance with the Town Council Agenda Setting Policy (Ord. 65-15).
I.
COORDINATION OF CALENDARS
1.
J.
A regular meeting is scheduled for Monday, April 4.
CONSENT ITEMS
This part of the agenda consists of non-controversial or "housekeeping" items required by law. Items may be removed
from Consent by any council member by making such request prior to a motion and vote.
K.
1.
Minutes 3/7- Consider approval of the minutes from a regular meeting of the Town
Council held on March 7, 2022.
2.
Printer Management Agreement- Consider approval of updated 3-year agreement for
Town Printer Management Agreement and authorization for the Mayor to execute same
on behalf of the Town.
3.
Water and Wastewater Cost of Service- Consider approval of a proposal to conduct a
Water and Wastewater Cost of Service and Rate Design Study with NewGen Strategies
& Solutions for $35,000.
4.
Firefighter Dual-Certification Gear- Consider approval of the purchase of dual-certified
Firefighter gear in the amount of $61,625.00 from Casco Industries through BuyBoard
Contract 603.20 and authorization for the Mayor to approve same on behalf of the Town.
5.
Agenda Management System- Consider approval of Agenda Management System with
CivicClerk in the amount of $18,900 and authorization for the Mayor to execute same
on behalf of the Town.
REGULAR ITEMS
6.
9/30/21 ACFR- Consider approval of the Annual Comprehensive Financial Report
(ACFR) for the fiscal year ended September 30, 2021.
7.
Town Curfew Ordinance- The first of two Public Hearings to review Chapter 50, Article
III, “Offenses regarding Minors,” Division 2, “Curfew.”
8.
Bosco Boat Dealership- Public Hearing to consider an ordinance granting Specific Use
Permit No. 472 (SUP21-0005 – Bosco Boat Dealership) to permit inclusion of Retail,
general (outdoors) use for a boat dealership within an existing car dealership facility.
The property is generally located south of Justin Road and east of Stone Hill Farms
Parkway. (P&Z recommended approval with conditions by a vote of 6 to 0 at its
December 13, 2021, meeting.) (On February 2, 2022 Town Council postponed this item
to the March 21, 2022 meeting by a vote of 5 to 0 at the Applicant's request).
9.
I-35W Growth Corridor- Presentation and discussion on land development along the I35W corridor.
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Town Council Meeting Agenda
March 21, 2022
Page 3
L.
BOARDS/COMMISSIONS (Bold text represents boards with vacancies)
Discuss and consider resignations, appointments, evaluations, reassignments, discipline, or
dismissals for the following boards or commissions: All Together Flower Mound Commission,
Animal Services Board, Cultural Arts Commission, Denton County Transportation Authority,
Environmental Conservation Commission, Parks Board, School Liaison Committee,
SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One (TIRZ #1),
Transportation Commission, and Veterans Liaison Board.
M.
CLOSED MEETING
The Town Council to convene into closed meeting pursuant to Texas Government Code
Chapter 551, including, but not limited to, Sections 551.071, 551.072, 551.074, and 551.087
for consultation with Town Attorney, and to discuss matters relating to real property,
personnel, and economic development negotiations, as follows:
a.
Consultation with Town Attorney.
1. 2006 Rule 11 agreement and dismissal, Cause No. 2005-20153-158 and Flower
Mound Ranch Development Applications
b.
Discuss and consider purchase, exchange, lease or value of real property for parks,
public rights-of-way, and/or other municipal purposes and all matters incident and related
thereto.
c.
Discuss and consider resignations, appointments, evaluations, reassignments,
discipline, or dismissals for the following boards or commissions: Board of Adjustment/Oil
& Gas Board of Appeals, Community Development Corporation, and Planning and
Zoning Commission.
d.
Discuss and consider economic development incentives, including retail centers,
corporate relocation/expansion/retention, hospitality projects, and performance related to
certain incentive agreements.
e.
Deliberate the appointment, employment, evaluation, reassignment, duties and
responsibilities, of the Presiding and Alternate Municipal Court Judge.
The Town Council may convene in executive session to conduct a private consultation with its attorney on any
legally posted agenda item, when the Town Council seeks the advice of its attorney about pending or
contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with
the provisions of Chapter 551, including the above referenced items.
N.
RECONVENE TO REGULAR MEETING
The Town Council to reconvene into an open meeting to take any action deemed necessary
as a result of the closed meeting.
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Town Council Meeting Agenda
March 21, 2022
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O.
ADJOURN MEETING
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall for the Town of Flower
Mound, Texas, in a place convenient and readily accessible to the general public at all times and said Notice was also posted
on the Town’s website in accordance with GC Section 551.056 on the following date and time: March 18, 2022, at 1:45 p.m.,
at least 72 hours prior to the scheduled time of said meeting.
_________________________
Theresa Scott, Town Secretary
The Flower Mound Town Hall and Jody Smith Hall are wheelchair accessible. Requests for accommodations or
interpretive services must be made 48 hours prior to this meeting by contacting Theresa Scott, Town Secretary, at
972.874.6076.
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TOWN COUNCIL AGENDA ITEM NO. 1
CONSENT ITEM
DATE:
March 21, 2022
FROM:
Theresa Scott, Town Secretary
ITEM:
Consider approval of the minutes from a regular meeting of the Town Council held on
March 7, 2022.
BACKGROUND INFORMATION: The Town Council held a regular meeting on March 7, 2022.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
ALTERNATIVES/OPTIONS: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1.
Draft minutes 3/7
DRAFT MOTION: Move to approve as presented in the agenda caption.
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Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 1
THE FLOWER MOUND TOWN COUNCIL REGULAR MEETING HELD ON THE 7TH DAY OF
MARCH 2022, 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.
Click here for meeting video link (subject to change)
The Town Council met in a regular meeting with the following members present:
Derek France
Ben Bumgarner
Sandeep Sharma
Adam Schiestel
Jim Engel
Ann Martin
Mayor
Mayor Pro Tem
Deputy Mayor Pro Tem
Councilmember Place 1
Councilmember Place 4
Councilmember Place 5
constituting a quorum with the following members of the Town Staff participating:
Theresa Scott
Bryn Meredith
James W. Childers
Tommy Dalton
Tiffany Bruce
Lexin Murphy
Paul Henley
A.
Town Secretary
Town Attorney
Town Manager
Assistant Town Manager
Assistant Town Manager/Town Engineer
Director of Planning Services
Fire Chief
CALL MEETING TO ORDER
Mayor France called the regular meeting to order at 6:00 p.m.
B./C.
INVOCATION/PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE
TEXAS FLAG
Chaplain Russ McNamer gave the invocation and Mayor France led the pledges.
D.
PRESENTATIONS
1. Proclamation for Winning the Fight BetteRx Safe Than Sorry Program
Mayor France recited the Proclamation and presented it to Kathy O’Keefe, Executive
Director of Winning the Fight, and representative Leslie Martin.
2. Texas Municipal Library Directors Association (TMLDA) "Achievement of Library
Excellence" Award
Mayor France, Councilmember Martin, President of the Friends of the Library, and Ron
Miller, Chair of the Cultural Arts Commission, presented Sue Ridnour, Director of Library
Services with this Award. Ms. Ridnour reported on various accomplishments that led to
the Town being a recipient of this award.
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Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 2
3. Environmental Conservation Commission (ECC) update
James Seastrom, ECC Chair, and Marilyn Lawson, Vice Chair, gave a presentation
identifying or noting:
•
•
•
•
•
E.
ECC purpose and vision
ECC powers and duties
Recent Accomplishments
ECC subcommittees
2022 objectives
PUBLIC COMMENT
Names listed below don’t necessarily reflect the order in which each person spoke and
all addresses are located in Flower Mound unless otherwise indicated.
Speaker names and address
1.
2.
3.
4.
5.
6.
7.
8.
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10.
11.
12.
13.
14.
15.
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18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Don Ledbetter, 3453 Courtney
Carol Kyer, 2616 Crepe Myrtle Dr
Kathy Duke, 2605 Russwood Dr
Paul Stone, 1868 Meyerwood
Brit Stock, 4005 Rothschild
With donated time from:
Alexis Grossman, 1868 Meyerwood
Scott Langley, 800 Carter Ct
Subject
(as written on the form or stated)
DCTA GoZone
Council Texas Open Meeting Act
Endorsement
Questions
Visibility
Thank you, Flower Mound Town
Council
David Johnson, 3617 San Paula
Public Comments
Katy Collins Grote, 165 Double Oak Dr, Double Thank you
Oak
Angela Hammond, 1705 Twistleaf, Northlake
Warehouses
Lauren Goodman, 7017 Broomslodge, Argyle
Warehouses
Melanie Bostick, 11383 Misty Ridge
Warehouses
With donated time from:
David Bostick, 11383 Misty Ridge
Jennifer Zenuch, 11608 Slumber Falls Dr
Warehouses
Candice Pettit, 11359 Gable Cir
No warehouses
Karl Ginder, 9116 Apache Tr
Navajo Bluffs Ct
Luke Strensrud, 5232 Ravine Ridge
Warehouses
Aaron Zqmura, 7120 Elk Springs Dr
Warehouses
Joshua Bostick, 11383 Misty Ridge Dr
Warehouse/truck yard
Maria Brown, 6709 Canyon Oak Ct
Distribution Center
Eric Jensen, 6209 Savannah Oak Trail
Dist. Warehouses
Chris Drew, 5209 Ravine Ridge Ct
Cross Timbers Business Park
Todd Bayuk, 10845 Pedernales Falls Dr
Cross Timbers Business Park
Stacie Bambauer, 6928 Basket Flower
Cross Timbers Business Park
James Larza, 11371 Bull Head Ln
Warehouse
Sonny Gann, 11616 Cedar Grove
Warehouse opposition
Fred Buttrell, 5009 Lighthouse Dr
No warehouses distribution
Jerry Brown, 11324 Bull Head Ln
Warehouse/dist. Center
Larry Mathis, 6336 Savanah Oak Tr
Opposition to distribution center
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FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
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73.
Marsha Gavitt, 6501 Meadow Crest Ln
Lori Varnell, 10841 Pedernales Falls
Yvette Elliott, 1309 Homestead
Dan Klemetsen, 6925 Basket Flower
Dr. Kirran Moss, 5609 Muirfield Ct
Christa Call, 10612 Smoky Oak Trl, Argyle
Damien Ludwick, 11574 Winecup Rd, Argyle
JP Parnell, 5909 Southern Hills Dr
Dave Aistrup, 6641 Elderberry Way*
Barbara Murrell, 10841 Pedernales Falls*
William & Cindy Thomas, 11709 N Little Elm
Creek Rd*
Kushal Dhody, 11608 Cedar Grv*
Bulbul Rai, 11608 Cedar Grove*
Janice Varnell, 10841 Pedernales Falls*
Haylie Leonard, 1150 Anther Ridge Way,
Argyle*
Shiva Kumer Julakonti, 11508 Misty Ridge Dr*
Celeste and JP Parnell, 5901 Southern Hills Dr*
Nicole Allen, 11504 Feather Reed Rd*
Cheryl Moore, 1900 Tennyson Dr*
Shannon Robbins, 5201 Ravine Ridge Ct*
Carolyn Strensrud, 5232 Ravine Ridge Ct*
Tiffany Drew, 5209 Ravine Ridge Ct*
Dennis Daliso, 11395 Misty Ridge*
Donna Perrin, 1509 Twistleaf Rd*
Sally Allen, 11621 Cedar Grv*
John Jobe, 11358 Misty Ridge*
KC Walsh, 2120 Helmsford Dr*
Ciro Panico, 11617 Cedar Grove*
Michele Carlson, 11325 Bull Head Ln*
Richard Perrin, 1509 Twistleaf Rd*
Michelle Jobe, 11358 Misty Ridge*
Robert Carlson, 11325 Bull Head Ln*
Mary Panico, 11617 Cedar Grove*
Beth Soderberg, 3100 Wager Rd*
Julie Soderberg, 3100 Wager Rd*
Randy Soderberg, 3100 Wager Rd*
Angel Guieb, 1536 Twistleaf Rd*
Jeff Ritty, 6200 Sawgrass Ct*
Jackie Saxon, 5113 High Ridge*
James William Saxon, 5113 High Ridge Tr*
Maggie Mistretta, 1009 Daylily Dr, Northlake*
Joseph Mistretta, 1009 Daylily Dr, Northlake*
Diana Mestas, 6224 Cupleaf Rd*
Anthony Daliso, 11395 Misty Ridge*
Ron Rennington, 5213 Ravine Ridge Ct*
Pam Pennington, 5213 Ravine Ridge Ct*
PAGE 3
Distribution Center
Warehouses
Thank you
Warehouses
Warehouses
Warehouses
Warehouses
Warehouses near high school
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FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
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Sandra Ogden, 11212 Bull Head Ln*
Ronald Hall, 11367 Bull Head Ln*
Valerie Hall, 11367 Bull Head Ln*
Nathan Hodges, 11355 Gable Cir*
Mia Aldridge, 6201 Whiskerbrush Rd*
Rodney Aldridge, 6201 Whiskerbrush*
Alyssa Francis, 8109 Firestone Dr*
Holly McKinney, 4709 Valley Peak Cr*
Rob Jenkins, address not provided*
Shrijan Shrestha, 11355 Misty Ridge Dr*
Tayton Morgan, 6409 Whiskerbrush*
Reid Farrington, 7112 Basket Flower Rd*
Erika Torres, 7112 Basket Flower Rd*
Ruth Angel, 11300 Dusty Trail Ct*
Scott Howell, 6555 Dolan Falls Dr*
Matt Schwalm, 1108 Berrydale Dr, Northlake*
Dawn Schwalm, 1108 Berrydale Dr, Northlake*
Zachary Leonard, 1005 Coralberry Dr,
Northlake*
Tracy V. Arriage, 10913 Smoky Oak Trl*
Lori. V. Arriage, 10913 Smoky Oak Trl*
Rick Berns, 6612 Dolan Falls*
Robert Haug, 4904 Long Pond*
Lori Haug, 4904 Long Pond*
Heidi Schultz-Bern, 6612 Dolan Falls*
Linda Lange, 4201 Cozy Pine, Northlake*
Richard Lange, 4201 Cozy Pine, Northlake*
Laura Brown, 11324 Bull Head Ln*
Greg Anderson, 3509 Northdale Ln, Northlake*
Dana Anderson, 3509 Northdale Ln, Northlake*
Stacy Pace, 11609 Cedar Grv*
Lindsey Test, 11609 Cedar Grv*
Greg Crouse, 5904 Pine Valley*
Cherie Hart, 11625 Slumber Falls Dr*
Keith Hart, 11625 Slumber Falls Dr*
Wesley Parton, 10833 Pedernales Falls*
Carlos Caban, 11304 Bull Head Ln*
Kevin Yutani, 11455 Misty Ridge Dr*
Ajijala Eruorigho, 11216 Dusty Trail Ct*
Vicki Warner, 3529 Misty Meadows, Northlake*
Rick Warner, 3529 Misty Meadows, Northlake*
Pat Thomas – Aistrup, 6641 Elderberry Way
Danielle Barfield, 11382 Misty Ridge*
Caleb Barfield, 11382 Misty Ridge Dr*
Craig Morrow, 4508 Tour 18 Dr*
Elizabeth Barber, 4508 Tour 18 Dr*
Judi Faust, 6363 Prairie Brush Trl*
Mark Faust, 6363 Prairie Brush Trl*
PAGE 4
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Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 5
121. Clauda Villasana-Munoz, 11604 Slumber Falls
Dr*
*Indicated do not wish to speak but to record opposition to warehouses/Cross Timbers Business Park
F.
ANNOUNCEMENTS
Deputy Mayor Pro Tem Sharma expressed appreciation for everyone that came to the
meeting to participate.
Mayor Pro Tem Bumgarner congratulated McKamy Middle School Orchestra for winning
their division in the UIL competition, and for their conductor Ms. Shockley.
Mayor France announced the tri-cities chili cook off is scheduled for March 31st.
Councilmember Schiestel announced the Flower Mound Republican Club is hosting the
first local candidate forum tomorrow night at The River Walk at 6:30 p.m.
Councilmember Martin provided a statement regarding her position on serving the
community.
The Town Council recessed at 8:15 p.m. and reconvened at 8:25 p.m.
G.
TOWN MANAGER’S REPORT
1. Capital improvement projects
2. Economic Development projects
3. Operational updates
No discussion.
H.
FUTURE AGENDA ITEMS
There were no future agenda item request.
I.
COORDINATION OF CALENDARS
1. The next Town Council regular meeting is scheduled for Monday, March 21.
Mayor France confirmed that all councilmembers plan to be present at the above
referenced meeting date.
J.
CONSENT ITEMS
1. Consider approval of the minutes from a regular meeting of the Town Council held on
February 21, 2022.
2. Consider approval of an ordinance amending Appendix A "Fee Schedule" to update
Library fees. (The Cultural Arts Commission recommended approval by a vote of 4 to 0
at its July 22, 2021, meeting.)
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Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 6
ORDINANCE NO. 07-22
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND,
TEXAS, AMENDING SECTION 46-1 OF CHAPTER 46 “LIBRARY” OF APPENDIX A
“FEE SCHEDULE,” OF SUBPART B OF THE CODE OF ORDINANCES, TOWN OF
FLOWER MOUND, TEXAS, TO AMEND THE FEES FOR LIBRARY SERVICES;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
3. Consider approval of the 2022 US Army Corps of Engineer (USACE) solicitation for
contract with the Town of Flower Mound for law enforcement services at Lake Grapevine
and authorize the Mayor to execute same.
4. Consider approval of a Construction Agreement with Four Star Excavating for the Hillside
Water Line Connection project, in the amount of $197,687.50; and authorization for the
Mayor to execute same on behalf of the Town.
5. Consider approval of a Professional Services Agreement with Parkhill, for the design
phase services associated with the Chinn Chapel Soccer Complex Drainage
Improvements project, in the amount of $53,700.00; and authorization for the Mayor to
execute same on behalf of the Town.
6. Consider approval of a First Amendment to the Professional Services Agreement with
Pacheco Koch Consulting Engineers, LLC (successor in interest to Pacheco Koch
Consulting Engineers, Inc.), for the design phase services associated with the Timber
Creek Water Line Replacement Phase 1 project, to increase the design fee by
$75,085.00; and authorization for the Mayor to execute same on behalf of the Town .
7. Consider approval of a Professional Services Agreement with The Rios Group, for
subsurface utility engineering services associated with the Timber Creek Water and
Sewer Replacements project, in the amount of $24,300.00; and authorization for the
Mayor to execute same on behalf of the Town.
8. Consider approval of a Professional Services Agreement with Kimley-Horn and
Associates, Inc., for the design phase services associated with the FM2499 at FM407
Intersection Improvements project, in the amount of $298,350.00; and authorization for
the Mayor to execute same on behalf of the Town.
9. Consider approval of a Construction Agreement with Quick Set Concrete for the Grand
Park (2020-21 Playground Replacements) project, in the amount of $94,912.20; and
authorization for the Mayor to execute same on behalf of the Town.
10. Consider approval of an emergency expenditure with Archer Western Construction LLC
for the emergency repair of the Employee Safety Ventilation System at the Wastewater
Treatment Plant, in the amount of $144,410.57.
11. Consider approval of a resolution authorizing the Town Manager to execute global opioid
settlement documents relating to the Teva pharmaceutical companies and the Endo
pharmaceutical companies.
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Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 7
RESOLUTION NO. 04-22
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE
GLOBAL OPIOID SETTLEMENT DOCUMENTS RELATING TO THE TEVA
PHARMACEUTICAL COMPANIES AND THE ENDO PHARMACEUTICAL
COMPANIES.
Deputy Mayor Pro Tem Sharma moved to approve by consent Items 1 – 11, as presented in the
agenda caption. Mayor Pro Tem Bumgarner seconded the motion. Each item, as approved by
consent, is restated above, and if applicable, the Ordinance or Resolution caption for each, for the
record.
VOTE ON MOTION:
AYES: MARTIN, ENGEL, BUMGARNER, SHARMA, SCHESTEL
NAYS: NONE
K.
Motion passed
REGULAR ITEMS
12. Consider a Site Plan (SP21-0009 – Doctor’s Urgent Care) to develop a medical office, with
a request for a deviation to computing parking and loading requirements pursuant to Section
82-73 of the Code of Ordinances and a waiver to Architectural Standards in the Town's
Urban Design Plan for roof pitch. The property is generally located east of Long Prairie
Road and north of Forest Vista Drive. (P&Z recommended approval/denial by a vote of 6
to 0 at its February 28, 2022, meeting.)
Staff Presentation
Ms. Murphy gave a presentation identifying or noting:
• General and detailed location
• Land use and zoning
• Site plan
• Exception requests
• Site photos
• Landscape plan
• Elevations
and she responded to questions or comments from Council regarding:
• Handicap parking allocations
Mayor Pro Tem Bumgarner moved to approve as presented. Councilmember Engel seconded
the motion.
VOTE ON MOTION:
AYES: SCHIESTEL, SHARMA, BUMGARNER, ENGEL, MARTIN
NAYS: NONE
Mayor France opened items 13 and 14 at the same time.
Motion passed
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PAGE 8
13. Public Hearing to consider an ordinance amending the zoning (ZPD21-0012 - Windhaven
Assisted Living PD Amendment) to amend Planned Development District-173 (PD-173)
with Agricultural District (A) uses and a nursing or congregate care facility, with certain
waivers, exceptions and modifications to the Code of Ordinances. The property is generally
located south of Cross Timbers Road and west of Auburn Drive. (P&Z recommended
approval by a vote of 6 to 0 at its February 28, 2022, meeting.)
Staff Presentation
Ms. Murphy gave a presentation identifying or noting:
•
•
•
•
•
•
•
•
General and detailed location
Land use and zoning
Conceptual site plan
Zoning exhibit
Exceptions requests
Site photos
Conceptual landscape plan
Elevations
and she, or Ms. Bruce, responded to questions regarding:
•
Drainage flow
Applicant Presentation
Trent Coots, 2900 Brosnon, Waco, TX
Mr. Coots responded to questions from Council regarding:
•
Clarification regarding the change from a wet to dry pond for retention
Mayor France opened the Public Hearing for items 13 and 14 at 8:46 p.m. No one spoke.
Mayor France closed the Public Hearing at 8:46 p.m.
Item 13:
Mayor Pro Tem Bumgarner moved to approve as presented. Councilmember Engel seconded
the motion.
ORDINANCE NO. 08-22
AN ORDINANCE OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING
ORDINANCE NO. 21-19, WHICH ESTABLISHED PLANNED DEVELOPMENT DISTRICT
NO. 173 (PD-173) WITH AGRICULTURAL DISTRICT (A) USES AND A NURSING OR
CONGREGATE CARE FACILITY ON CERTAIN PROPERTY DESCRIBED AS
APPROXIMATELY 4.364 ACRES OF LAND SITUATED IN THE PERRY MALONE
SURVEY, ABSTRACT NO. 836 BY MODIFYING DEVELOPMENT STANDARDS RELATED
TO COMPATABILITY BUFFERS, COMPATIBILITY SETBACKS, AND DETENTION
PONDS; BY REDUCING THE AREA OF PD-173 BY APPROXIMATELY 3,537 SQUARE
FEET; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
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FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 9
VOTE ON MOTION:
AYES: MARTIN, ENGEL, BUMGARNER, SHARMA, SCHESTEL
NAYS: NONE
Motion passed
14. Public Hearing to consider an ordinance amending the zoning (Z22-0001 – Flower Mound
Woods Block D, Lots 3R & 4R) from Planned Development District-173 (PD-173) with
Agricultural District (A) uses and a nursing or congregate care facility to Single Family
District-15 (SF-15) uses. The property is generally located north and west of Nan Lane and
Alberta Lane. (P&Z recommended approval by a vote of 6 to 0 at its February 28, 2022,
meeting.)
Item 14:
Mayor Pro Tem Bumgarner moved to approve as presented. Councilmember Engel seconded
the motion.
ORDINANCE NO. 09-22
AN ORDINANCE OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE
OFFICIAL ZONING MAP, EXHIBIT "A" OF SUBPART B, “LAND DEVELOPMENT
REGULATIONS,” OF THE FLOWER MOUND CODE BY CHANGING THE ZONING
ON APPROXIMATELY 3,537 SQUARE FEET OF LAND SITUATED IN THE PERRY
MALONE SURVEY, ABSTRACT NO. 836, FROM PLANNED DEVELOPMENT
DISTRICT NO. 173 (PD-173) WITH AGRICULTURAL DISTRICT (A) USES AND A
NURSING OR CONGREGATE CARE FACILITY TO SINGLE FAMILY-15 (SF-15)
USES IN ACCORDANCE WITH THE TOWN’S MASTER PLAN AND SPECIFIC
REQUIREMENTS AND EXHIBITS INCORPORATED HEREIN; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION:
AYES: SCHIESTEL, SHARMA, BUMGARNER, ENGEL, MARTIN
NAYS: NONE
Motion passed
15. Public Hearing to consider an ordinance amending the zoning (Z21-0009- Flower Mound
Ranch Prairie Vista) from Interim Holding (IH) uses to Single Family-Estate (SF-E) uses.
The property is generally located north of Cross Timbers Road and east of U.S. Hwy. 377.
(P&Z recommended approval by a vote of 6 to 0 at its February 28, 2022, meeting.)
Staff Presentation
Ms. Murphy gave a presentation identifying or noting:
•
•
•
•
General and detailed location
Land use and zoning
Zoning exhibit
Photos of the site
15 of 79
Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
PAGE 10
Applicant Presentation
Misty Ventura, Shupe Ventura, PLLC, 9406 Biscayne Blvd, Dallas, TX, representing the
property owner.
Ms. Ventura requested council support of the item as presented.
Mayor France opened the Public Hearing at 8:50 p.m. No one spoke. Mayor France closed
the Public Hearing at 8:50 p.m.
Deputy Mayor Pro Tem Sharma moved to approve as presented. Mayor Pro Tem Bumgarner
seconded the motion.
ORDINANCE NO. 10-22
AN ORDINANCE OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE
OFFICIAL ZONING MAP, EXHIBIT "A" OF SUBPART B, “LAND DEVELOPMENT
REGULATIONS,” OF THE FLOWER MOUND CODE BY CHANGING THE ZONING ON
APPROXIMATELY 543.816 ACRES OF LAND SITUATED IN THE B.B.B. & C. RAILWAY
CO. SURVEY, ABSTRACT NO. 154, THE .B.B. & C. RAILWAY CO. SURVEY, ABSTRACT
NO. 187, J.N. DENSON SURVEY, ABSTRACT NO. 359, AND THOMAS BURRESS
SURVEY, ABSTRACT NO. 33, FROM INTERIM HOLDING (IH) USES TO SINGLE FAMILYESTATE (SF-E) USES IN ACCORDANCE WITH THE TOWN’S MASTER PLAN AND
SPECIFIC REQUIREMENTS AND EXHIBITS INCORPORATED HEREIN; REPEALING
ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION:
AYES: MARTIN, ENGEL, BUMGARNER, SHARMA, SCHIESTEL
NAYS: NONE
Motion passed
16. Public Hearing to consider an ordinance for rezoning (MU21-0003 – Lakeside Village) to
amend Mixed Use District-1 (MU-1) to amend certain development standards related to
Character Zone Standards, Open Space Standards, Parking Standards, Architectural and
Building Standards, and Signage Standards in the Lakeside Village Development Code
subject to the terms and condtions in the attached Development Agreement and
authorization for the Mayor to execute same on behalf of the Town after approval of the
terms by the Town Attorney. The property is generally located west of Long Prairie Road
along both sides of Lakeside Parkway. (P&Z recommended approval by a vote of 6 to 0 at
its February 28, 2022, meeting.)
Staff Presentation
Ms. Murphy gave a presentation identifying or noting:
•
•
•
•
General and detailed location
Land use and zoning
Text amendments (proposed)
Development Agreement Amendments
and she, or Chief Henley, responded to questions or comments from Council regarding:
16 of 79
Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
•
•
PAGE 11
Fire rating associated with Exterior insulation finishing system (EIFS) building
material
Sprinkler system
Applicant Presentation
Rebecca Everett, Realty Capital, 909 Lake Carolyn Parkway, Irving
Ms. Everett responded to questions or comments from Council regarding:
• Timing associated with the amphitheater
Mayor France opened the Public Hearing at 9:02 p.m. No one spoke. Mayor France closed
the Public Hearing at 9:03 p.m.
Deputy Mayor Pro Tem Sharma moved to approve as presented. Mayor Pro Tem Bumgarner
seconded the motion.
ORDINANCE NO. 11-22
AN ORDINANCE OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING
ORDINANCE NO. 09-18, WHICH AMEDNED MIXED USE DISTRICT-1 (MU-1), ALSO
KNOWN AS THE LAKSIDE DFW MIXED USE DEVELOPMENT; BY AMENDING EXHIBIT
“B” TO MODIFY DEVELOPMENT STANDARDS RELATED TO SECTION 5, “CIVIC/OPEN
SPACE AND LANDSCAPE STANDARDS,” SECTION 6, “PARKING STANDARDS,”
SECTION 7, “ARCHITECTURAL AND BUILDING STANDARDS,” AND SECTION 8,
“SIGNAGE STANDARDS/APPENDIX D” AS APPLICABLE TO SUBZONES MU-TEN, MUC(3) AND/OR MU-TMR(1); PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION:
AYES: SCHIESTEL, SHARMA, BUMGARNER, ENGEL, MARTIN
NAYS: NONE
L.
Motion passed
BOARDS/COMMISSIONS
Discuss and consider resignations, appointments, evaluations, reassignments, discipline,
or dismissals for the following boards or commissions: Animal Services Board, Cultural Arts
Commission, Environmental Conservation Commission, Parks Board, School Liaison
Committee, SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One
(TIRZ #1), Transportation Commission, and Veterans Liaison Board.
No discussion.
17 of 79
Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF MARCH 7, 2022
M./N.
PAGE 12
CLOSED/OPEN MEETING
The Town Council convened into a closed meeting at 9:04 p.m. on March 7, 2022,
pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections
551.071, 551.072, 551.074, and 551.087 for consultation with attorney, and to discuss
matters relating to real property, personnel, and economic development negotiations, and
reconvened into an open meeting at 10:02 p.m. on March 7, 2022, and no action was
taken on the following items:
a. Consultation with Attorney.
1. Open Government Rules
2. 2006 Rule 11 agreement and dismissal, Cause No. 2005-20153-158 and
Flower Mound Ranch Development Applications
b. Discuss and consider purchase, exchange, lease or value of real property for
parks, public rights-of-way, and/or other municipal purposes and all matters
incident and related thereto.
c. Discuss and consider resignations, appointments, or evaluations for the following
boards or commissions: Board of Adjustment/Oil & Gas Board of Appeals,
Community Development Corporation, and Planning and Zoning Commission.
d. Discuss and consider economic development incentives, including retail centers,
corporate relocation/expansion/retention, senior housing, hospitality projects, and
performance related to certain incentive agreements.
O.
ADJOURN REGULAR MEETING
Mayor France adjourned the meeting at 10:02 p.m. on Monday, March 7, 2022, and all
were in favor.
TOWN OF FLOWER MOUND, TEXAS
ATTEST:
_________________________________
THERESA SCOTT, TOWN SECRETARY
________________________________
DEREK FRANCE, MAYOR
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TOWN COUNCIL AGENDA ITEM NO. 2
CONSENT ITEM
DATE:
March 21, 2022
FROM:
Gary Bertagnolli, Director of Information Technology
ITEM:
Consider approval of updated 3-year agreement for Town Printer Management
Agreement and authorization for the Mayor to execute same on behalf of the Town.
BACKGROUND INFORMATION: CopyNet, the company we were utilizing to manage the Town’s printers,
has been bought out by DEXimaging. CopyNet’s original contract is set to expire in October of this year. We
have been offered a new 3-year contract under the same terms at a lower price which will save $2,400 a
year.
FISCAL IMPACT: $ 36,000.00 estimated annually
Proposed Expenditure\(Revenue):
$ 31,963.00
$ 4,037.00
Account Number(s):
100-680-81000-5110
200-680-83000-5110
Finance Review by: Tammy Wilson, Executive Director of Fiscal and Administrative Services/CFO
LEGAL REVIEW: Benjamin Gibbs, of Taylor, Olson, Adkins, Sralla, & Elam L.L.P., has reviewed the
agreement as to form and legality.
ATTACHMENTS:
1.
Agreement
DRAFT MOTION: Move to approve as presented in the agenda caption.
19 of 79
20 of 79
21 of 79
22 of 79
SCHEDULE A
Current fleet
.
Monthly Volume
City
Modrl
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(-Qh1t AM\.'
3
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636
1,558
4
HPCM750
3,209
2,800
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1,132
51
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16,8!14
3
HPM426fdn
1,821
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7,707
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6,764
9,389
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1,433
2,827
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DEX MPS Proeram lndudes:
OEM Toner I Pans i libm I Omit• Service
Auto Toner Replenishment
4-Hour Response Time
DEX lma1in1 1.T. Help Desk
Delivery, Installation and Networking
•Hardwart brtakflx al no additional cost
• Equipment at end of life or deemed non repairable, we will replace ,t
23 of 79
TOWN COUNCIL AGENDA ITEM NO. 3
CONSENT ITEM
DATE:
March 21, 2022
FROM:
Julie Taylor, Director of Treasury Operations
ITEM:
Consider approval of a proposal to conduct a Water and Wastewater Cost of Service and
Rate Design Study with NewGen Strategies & Solutions for $35,000.
BACKGROUND INFORMATION: In order to achieve a rate structure that will assure adequate revenue for
the Utility System’s operations, debt service requirements, and to ensure the Utility System is operating on
a self-supporting basis while considering the economic impact on our customers, staff requests the Town
Council to consider the proposal with NewGen Strategies & Solutions (NewGen) to conduct a water and
wastewater cost of service and rate design study which will entail an analysis of the Utility Fund’s operations,
provide financing scenarios and if needed, recommend alternate rate designs for the Town Council’s
consideration.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
ALTERNATIVES/OPTIONS: N/A
FISCAL IMPACT: $35,000
Proposed Expenditure/(Revenue):
Account Number(s):
$35,000
200-650-52200-5110
Finance Review by: Tammy Wilson, Executive Director of Fiscal and Administrative Services/CFO
LEGAL REVIEW: Benjamin Gibbs, of Taylor, Olson, Adkins, Sralla, & Elam L.L.P., has reviewed the
proposal as to form and legality.
ATTACHMENTS:
1. Proposal to Conduct Water and Wastewater Cost of Service and Rate Design Study
DRAFT MOTION: Move to approve as presented in the agenda caption.
24 of 79
Attachment 1
DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
275 W Campbell Road
Suite 440
Richardson, TX 75080
Phone: (972) 680-2000
NewGen
Strategies & Solutions
March 9, 2022
Town of Flower Mound, Texas
Attn: Julie Taylor
2121 Cross Timbers Road
Flower Mound, TX 75028
Subject:
Proposal to Conduct Water and Wastewater Cost of Service and Rate Design Study
Dear Ms. Taylor:
NewGen Strategies and Solutions, LLC ("NewGen") appreciates this opportunity to propose our assistance
to the Town of Flower Mound ("Town"). It is our understanding that at this time the Town is seeking a
qualified consultant to conduct a Water and Wastewater Cost of Service and Rate Design Study. Members
of NewGen's Project Team have previously assisted the Town of Flower Mound as a subconsultant to
Kimley-Horn & Associates in developing and updating Water, Wastewater, and Roadway Impact Fees for
the Town, and we look forward to continuing our relationship with this engagement.
As part of this study, NewGen will prepare a five-year forecast of water and wastewater revenue
requirements and accompanying rate scenarios which will meet the Town's revenue recovery objectives.
Additionally, NewGen will examine the utility's capital requirements for both planned development and
replacement needs in suggesting rates sufficient to provide continuous and adequate service to the
Town's utility customers.
Introduction to NewGen
NewGen is a management and economic consulting firm specializing in
assistance and advice to the public sector, especially utilities and other
capital-intense activities. NewGen provides nationally recognized (c� NewGenapplies our
expertise in utility cost of service and rate design studies, depreciation
expertise and delivers high
and appraisals, organizational and performance management studies,
impact solutions t hrough our
litigation support for legal and regulatory proceedings, utility business
diverse and int egrated market
and financial planning, and stakeholder engagement for water,
perspectives, resultingin
wastewater, stormwater, solid waste, electric and natural gas utilities.
effective decision-making and
NewGen was created by consultants who are dedicated to our client's
implementation
�
mission and recognized as experts in our respective fields of service.
Our assistance to the public sector is provided with a keen insight to
navigate the uncertain market and the growing role of stakeholders,
resource availability, cost of providing utility services, and economic conditions. This ensures an
integrated approach to delivering our products and services. "Thoughtful Decision Making for Uncertain
Times" succinctly describes our approach to client challenges, opportunities, and problems.
Economics
Stakeholders
Strategy
www.newgenstrategies.net
Sustainability
25 of 79
DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 2
Firm History
Our experience has been acquired while members and/or owners were with recognized national
consulting groups such as R. W. Beck, Inc. (now SAIC and Leidos), Navigant Consulting, Touche Ross & Co.
(now Deloitte), and Willdan Financial Services, and regional practices such as Reed, Stowe & Yanke.
NewGen professionals provide the expertise gained from hundreds of cost of service and expert witness
cases and filings supporting utility customers, regulatory staff, and utilities. Collectively, the founding
members of NewGen possess in excess of 150 years of consulting experience.
Key principals of the company, having worked in this industry for the past 20 to 30 years, came together
in 2012 to establish NewGen. NewGen has experienced significant growth since our inception, driven by
our market-leading expertise in helping public utilities and dedication to our clients. Today, NewGen
employs a staff of over 45 professionals in 12 cities across the country.
Proposed Project Team
The Project Team for this engagement will be led by Mr. Chris Ekrut as Project Director. During the course
of the study, Chris will be assisted by Ms. Kim Bostik as Project Manager. Dr. Sanja Zivkovic and Mr. Steve
Doogue will assist as Financial/Data Analysts.
Mr. Chris Ekrut has been providing consulting services
since 2004, with the majority of projects centered in the
water and wastewater industry around user/impact fees.
He has filed expert witness testimony with regard to cost
of service and rate design, as well as provided litigation
support before rate regulatory agencies. He has
conducted a number of wholesale and retail water and
wastewater rate studies, developed water and
wastewater rate models, storm water fee models, and
assisted in the negotiation and/or litigation involving a
number of wholesale water contracts. Chris also
specializes in the development of Utility Business Plans
and has been called on by the Texas Section of the
American Water Works Association to speak on the
importance of business planning for municipal and
governmentally owned utilities.
Ms. Kimberly Bostik, a Manager with NewGen, assists in
conducting a variety of engagements for water,
wastewater, and electric utilities. Prior to joining
NewGen, Ms. Bostik was employed by R.W. Beck, Inc. as
a Senior Consultant in the Water and Wastewater
industries. Ms. Bostik began her career as a Risk
Accountant and worked as a Supervisor of Trading & Risk
Services at Duke Energy Trading & Marketing in Houston,
Texas. Ms. Bostik also contracted for Energy Future
Holdings, serving as a risk analyst on the power trading
desk.
-tt-\l 10\VN
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OF
',;I .
......, . ....◄_ ,.
OUND
Project Director
Chris Ekrut
Project Manager
Kim Bostik
Sanja Zivkovic
Steve Doogue
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
26 of 79
DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. JulieTaylor
March 9, 2022
Page 3
Dr. Sanja Zivkovic joined NewGen as a consultant in 2021, providing financial modeling,
financial analyses, and data analytics support primarily for environmental utility clients.
Prior to joining the firm, Dr. Zivkovic worked as a tenure-track Assistant Professor in the
Department of Agricultural and Applied Economics atTexasTech University. Preceding
her experience at Texas Tech University, Dr. Zivkovic assessed and managed risk for
Delta Generali Insurance company.
Mr. Steve Doogue joined NewGen as an analyst in 2021. During his tenure, he has
provided financial modeling, financial analyses, and data analytics support, primarily for
NewGen's Environmental Practice. Mr. Doogue obtained an MSc in Development
Economics from the University of London. Prior to joining NewGen, Mr. Doogue spent
over 10 years as a financial analyst and advisor for central and municipal governments
in the United Kingdom.
Resumes for all ProjectTeam members are available on request.
Proposed Work Plan
To perform the requested study, the Project Team proposes the following work plan. This work plan
closely follows the approaches and methodologies utilized by NewGen's Project Team members in all of
their water and wastewater cost of service and rate design studies. Therefore, the Town can be assured
that the work plan proposed by NewGen has been tested and proven in numerous studies across the state
and nation. It is understood that, if selected, the ProjectTeam will refine, customize, and finalize the work
plan with theTown upon award of the project.
NewGen maintains a strong and active presence before the State ofTexas' rate regulatory authorities and
is routinely requested to provide expert opinions on rate matters by legal counsels representing clients
throughout the State ofTexas. For NewGen to maintain its reputation and presence within the regulatory
environment, our product must be of such quality to withstand intense scrutiny. The product(s)
developed by NewGen for this engagement will withstand such scrutiny.
Unless otherwise specified or requested by the Town, all meetings discussed throughout the work plan
will take place virtually. NewGen utilizes a variety of tools to conduct virtual meetings and will work with
the Town to determine the best technology platform for all parties.
Task 1 - Initiation of Initial Data Request
The Project Team will develop an initial data request that will be needed to adequately begin the review
and evaluation of the Town's retail water and wastewater rates. This data will include, but is not limited
to, operating, financial, management, policy, and ordinance data. The purpose of the initial data request
is to become more familiar with theTown's operations and policies in order to maximize the effectiveness
of our time with Town representatives in the project kickoff meeting. The Project Team will issue the
initial data request within five (5) days after receiving notice to proceed on the project.
Task 2 - Initial Data and Information Assessment
Once the Town has submitted the initially requested data, the data will be reviewed for discussion during
the project kickoff meeting. Throughout the course of the project, data received by the ProjectTeam will
be sampled and tested for accuracy. The sampling and testing of data is imperative in regard to the billing
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
27 of 79
DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 4
data used to set rates. In all of our rate study engagements, NewGen conducts a thorough review and
testing of the billing data queries provided by our clients. It is essential in the development of proper cost
allocations and reliable revenue projections that the billing data be as accurate as possible. NewGen will
work closely with the Town's billing staff and/or software provider to extract the appropriate billing data.
In addition, as necessary, the Project Team will conduct informal interviews with Town staff during our
review of the historical data to ensure that the Project Team understands the information provided.
Task 3 - Proiect Kickoff Meeting
After receiving the initially requested data, the Project Team will work with the Town to schedule a kickoff
meeting. The primary reason for the kickoff meeting is to allow the key Project Team consultants and
participants from the Town to be introduced and lay the general framework for how the study will be
conducted. This meeting will also allow for the finalization of the proposed work approach, as well as
discuss and clarify the information analyzed in Task 2.
In addition, the project kickoff meeting will allow for the Project Team to gain a better understanding of
the goals and objectives, as well as expectations, the Town desires to achieve from the study. As part of
the kickoff meeting, the Project Team members will also discuss:
•
Political and customer views/opinions of current rates;
•
Capital/operational demand changes anticipated over the study's forecasted period;
•
Initial rate design pricing objectives; and
•
Initial strategies for implementing/communicating possible rate changes.
Task 4 - Determination of Test-Year Revenue Requirements
Revenue requirements will be developed for the water and retail wastewater studies using the American
Water Works Association ("AWWA") accepted cash needs approach. The cash needs approach closely
follows municipal budgeting practices and incorporates a utility's operation and maintenance costs, debt
service and bond coverage requirements, cash funded capital outlays, reserve requirements, and
transfers. Specifically for the Town, the revenue requirement will include the Town's operational costs
adjusted to reflect normal service conditions; current and future anticipated principal and interest
payments; current and future cash capital outlays; future capital funding needs including the impact of
inflation on construction cost; and pass-through charges for wholesale service.
In developing the revenue requirements, the Project Team will assess and project each utility's cost of
service by analyzing each utility's historical costs, the current budget year, any forecasts made for future
fiscal years, as well as any debt service ratio or bond covenant requirements. The Project Team will
develop a test-year cost of service for each utility. A test-year is a common term in rate studies that refers
to an adjusted fiscal year cost that will be used as a basis for setting rates. The test-year cost of service
will be adjusted by non-rate revenue sources to develop the test-year revenue required from utility rates.
Task 5 - Forecast of Revenue Requirements
Using the test-year developed in Task 4, the Project Team will begin the development of a five-year
revenue requirement forecast. As necessary, interviews with Town staff may be conducted to gather
additional data to complete this task. During this task, it is crucial to thoroughly analyze the assumptions
used in projecting the revenue requirements. These assumptions may include, but may not be limited to,
growth rate, inflation rates, regulatory changes, conservation, increase in contractual obligations, and
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
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DocuSign Envelope ID: EE7E30F4-67E9-4C65-BS0F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 5
capital improvements. These assumptions will be supported by standard industry forecasting practices
and available indices. In addition, support will come from the Town's applicable master plan studies and
current infrastructure ratings.
The Project Team will work closely with Town staff to examine the Town's planned method of financing
(e.g. cash, debt, grants) future capital improvements and the financing methods' impact on retail rates,
operating and capital reserve targets, and debt coverage requirements, as well as examine anticipated
operational and/or staffing changes over the five-year forecast. The five-year revenue requirement will
serve as the basis for the development of the financing plan to meet projected capital improvement
expenditures.
Task 6 - Determination of Realizable Revenue at Current Rates
The results of this task will provide the data to properly evaluate the cost of service, the magnitude of
overall increases, if any, and the probability of redistribution of revenue responsibility between customer
classes as well as providing the Project Team the ability to compare the actual cost to provide utility
service with the anticipated billed revenues of the utility. In the revenue determination, adjustments will
be made to the historical billing data to reflect normalized weather conditions and usage. This task will
also provide a "check" of the data provided by Town staff.
Task 7 - Functionalization of Revenue Requirements
Functionalization is the process of grouping costs based on the function, or type, of service provided.
Discussions will be held with Town staff to understand the types of services that are provided by the Town
(e.g. raw water service, transmission service), and what system information is available from the Town,
to determine the appropriate functional cost categories to be utilized in the study.
Task 8 - Classification of Revenue Requirements
After the development of the functionalized costs in Task 7, costs are classified into the components of
utility service that are provided. For the water utility, it is proposed that costs be classified using the
AWWA recommended Base Extra-Capacity method, where costs are classified as base, extra-capacity, and
customer related.
For the wastewater utility, assuming the utility has an active industrial pre-treatment program, it is
proposed that costs be classified using the Water Environmental Federation ("WEF") recognized flow,
BOD, TSS, and customer parameters. Classification of wastewater costs in the proposed manner will
facilitate calculation of an industrial strength surcharge and the establishment / management of the
Town's pretreatment program.
It should be noted that these are our proposed classification methods. Discussions will be held with Town
staff before the finalization of the agreement between the Town and NewGen to determine the
appropriate classification methods to utilize in recognition of the Town's objectives and available system
and billing data.
Task 9 - Allocation of Revenue Requirements
One of the most important considerations in the setting of fair and equitable rates for utility service is the
establishment of the appropriate grouping of customers (i.e., customer classes for cost distribution after
costs are classified). Generally, a customer class should only include those customers who: (a) are in a
similar location in relation to the utility; (b) use the same or similar service from the utility; and (c) place
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
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DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. Julie Taylor
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Page 6
similar demands upon the utility. As part of the Town's request, the Project Team will analyze the usage
patterns of the presently defined customer classes in the above context and evaluate whether a new
classification of customers or amendment to the current classification should be recommended.
Costs within each utility will be allocated to the selected customer classes based on the level of service
provided by the Town to each customer class. It is imperative that the factors that form the basis of costs
incurred by the Town to provide continuous and adequate service to its customers be appropriately
identified. This identification requires a thorough understanding of the influencing conditions controlling
the design and/or actual operation of a system. These conditions include normal and peak weather
conditions. Members of the Project Team are thoroughly versed in appropriately identifying these costs
and are recognized experts before the State's rate regulatory agencies. The factors for the allocation of
costs to the customer classes will be dependent on the billing and system information available from the
Town.
After the forecasted revenue requirements are allocated to the customer classes, the Project Team will
conduct a briefing presentation with Town staff to provide the comparison of the revenue requirements
by customer class to each customer class's revenue generation under current rates. This will provide the
Town with the magnitude of the potential rate adjustments needed for each customer class.
Task 10 - Development of Rate Design
In the formulation of a rate and fee design plan, a clear and distinct understanding of the Town's overall
goals and objectives should serve as the foundation for the development of options since rate and fee
design enables the utility to meet its service pricing objectives. Pricing objectives could include, but would
not be limited to the following:
•
Cost of Service Recovery
•
Ease of Administration
•
Revenue Stability
•
Regional Competitive Position
•
Affordability
•
Conservation
•
Equity
•
Economic Development
During the briefing presentation with Town staff after the completion of Task 9, members of the Project
Team will discuss with Town staff the potential rate design alternatives that meet the Town's pricing goals
and objectives. From these discussions, the Project Team will develop defensible rate structures that are
reflective of industry accepted practices and procedures and rate regulations within the State of Texas
and which balance the recovery of revenue between base rates and volumetric rates on an equitable
basis.
Task 11 - Determination of Realizable Revenue with Rate Adiustments
The Project Team will analyze and compare the revenues forecasted to be generated under designed rate
structures, by customer class, to the forecasted cost of service to determine the adequacy of the designed
rate structures to meet the Town's financial goals, including bond coverage requirements and operating
and capital reserves. To the extent the designed rates are projected to be inadequate, appropriate rate
adjustments for each class will be calculated. In the revenue determination, adjustments will be made to
the historical billing data to reflect normalized weather conditions and usage. Also, the monthly impact
of rate adjustments on customer bills under the designed rate structures will be examined.
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
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DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 7
Task 12 - Rate Comparison Review
The Project Team will compare the Town's current and adjusted utility rates to utility rates of municipal
utilities of similar size, demographics, and operational characteristics so as to provide an estimation of the
Town's comparable and competitive position.
After completing Task 12, members of the Project Team will conduct a briefing presentation with Town
staff to discuss the results of the rate design analysis. Included in these discussions will be the
development of the strategy(ies) to communicate and institute any significant rate changes.
Task 13 - Draft Report Preparation
The Project Team will develop a draft report summarizing findings, conclusions, and recommendations of
the water and wastewater rate study. The report will include all methodologies, assumptions, and
calculations, and a background section that includes all data used in the determinations made in the study.
The Project Team is committed to ensuring that the Town thoroughly understands the recommendations
in the draft report and will be available to discuss findings, answer questions, and receive input. The
Project Team will ensure that Town staff has sufficient time to address their concerns and/or questions
prior to finalizing the report.
Task 14 - Final Report Preparation and Presentation
Upon receipt of Town staff comments, the Project Team will make appropriate changes and provide the
Town with the final report. After completion of the final report, the Project Team will assist the Town in
the presentation of the results of the water and wastewater rate study to various stakeholders, including
presenting the study's findings, conclusions, and recommendations to the Town Council.
Proiect Coordination and Reporting
For a cost of service and rate study to be successful, input into the project and ownership of the results
by the Town staff, Town Council, and ratepayers must occur. Efforts to achieve this success include the
enhancement of communication between the Town and the Project Team through several coordination
activities provided within the scope of services, such as the Project Kickoff Meeting to allow the project
participants to finalize the work approach, as well as establish the lines of communication. In addition,
after Tasks 9 and 12, the Project Team will conduct briefing presentations with Town representatives on
the study's activities to-date. The Project Team will also assist Town staff in the presentation of the study's
findings, conclusions, and recommendations.
Proiect Timeline and Deliverables
The Project Team will provide the Town with the following:
•
Draft Report
•
11
Within 60 to 90 days of notification of award, given the timely receipt of the required financial
and operational data, an electronic draft report will be provided for the Town's review and
comment that summarizes the Project Team's findings, conclusions, and recommendations.
Final Report
•
The final report will be provided to the Town within two weeks after delivery of the draft report,
given the timely receipt of the Town's comments.
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
31 of 79
DocuSign Envelope ID: EE7E30F4-67E9-4C65-850F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 8
•
Meetings/Presentations
•
In an effort to conduct the Study in the most cost-effective and efficient manner, meetings with
Staff to discuss results or to discuss data are anticipated to be conducted via video or telephonic
conference. Meetings to present results to Council will be conducted in person, reflective of the
Town's then-applicable COVID-related specifications.
A tentative schedule is provided below. This will be further developed during the kickoff meeting with
input from Town staff.
Town of Flower Mound, Texas
Proposed Water and Wastewater Cost of Service and Rate Study Schedule (Subject to Revision with Input from Town Staff)
Estimated Project Task Schedule
1
Submission of Initial Data Request
2
Initial Data Request and Information Assessment
3
Project Kick-off Meeting
4
Determination of Test-Year Revenue Requirements
5
Forecast of Revenue Requirements
6
Determination of Realizable Revenue at Current Rates
7
Functionalization of Revenue Requirements
8
Classification of Revenue Requirements
9
Allocation of Revenue Requirements
Ill
10 Development of Rate Design
11 Determination of Realizable Revenue w Rate Adjustments
12 Rate Comparison Review
13 Draft Report Presentation
14 Final Reporting and Presentation
Project QA/QC
II
Notes:
Signifies a meeting with Town staff or Town Council
Issuance of Report and/or Presentation
Resource Commitment by the Town
For this project to be successful, NewGen will need the assistance of the Town Manager, the Town's
Financial Department, and the department Director(s) responsible for water and wastewater operations.
The bulk of staff time will be needed at the outset of the study to gather required financial and utility
billing data. The staff time needed to provide the necessary Town data for our analyses are highly
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
J/1
•
•
A
32 of 79
DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 9
dependent on the ease of accessing the requested information. Where possible, NewGen will work
directly with the Town's utility billing provider to extract the data necessary to complete the study. Staff
time will also be needed to provide guidance throughout the course of the project. Finally, the Project
Team will require policy guidance from the Town Council, either directly or through staff feedback, to
ensure the Project meets the overall goals and objectives of the Town.
Proposed Proiect Cost
Based on the work plan outlined herein, the Project Team agrees to perform the requested study for a
not to exceed price of $35,000, inclusive of out-of-pocket expenses incurred at cost. As services are
requested and performed, NewGen will invoice the Town on a monthly basis for actual hours worked at
our then applicable hourly billing rates, plus out-of-pocket expenses incurred at cost. Our current billing
rates, which will remain in effect through December 31, 2022, are as follows:
NewGen Strategies and Solutions
2022 Billing Rates
Position
Hourly Billing Rate
Partner
$235-$365
Principal
$235-$360
Senior Manager
Manager
$225-$230
Senior Consultant
$150-$180
Consultant
$125-$150
$180-$225
Administrative Services
$110
Note: Billing rates are subject to change based on annual reviews and salary increases.
Services requested by the Town not specifically outlined within the proposed work plan and which the
Project Team is unable to provide within the proposed project pricing above will be provided on a time
and expense basis.
Other Terms and Conditions
This agreement is subject to cancellation by the Town with thirty (30) days prior written notice provided
to NewGen. In the event of cancellation, all labor and expense charges incurred by NewGen through the
date of cancellation will be considered due at the time notice of cancellation is delivered, regardless of
work product and/or engagement status.
All payments made under this engagement should be remitted to:
NewGen Strategies and Solutions, LLC
275 W. Campbell Rd, Suite 440
Richardson, Texas 75080
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
...
33 of 79
DocuSign Envelope ID: EE7E30F4-67E9-4C65-B50F-E9245A04068E
Ms. Julie Taylor
March 9, 2022
Page 10
By executing this letter, you agree that the services rendered by NewGen will be performed in accordance
with instructions or specifications received by the Town and will be provided with the degree of skill and
judgment exercised by recognized professionals performing services of similar nature and consistent with
the applicable industry best practices. You further agree that compensation for services rendered will be
provided to NewGen regardless of the final outcome of the engagement.
Our Project Team is committed to the success of the Town and this project and is seeking to develop a
long-term relationship-we desire a partnership with the Town, not just an engagement. NewGen could
also propose a more limited scope of work if desired. If the proposed fee or scope are beyond what Town
staff envisioned, I would welcome the opportunity to revise both the scope and fee accordingly.
Again, NewGen appreciates the opportunity to propose our assistance to the Town of Flower Mound, and
we stand ready to answer any questions or provide any additional information the Town may need as you
select a qualified firm for this important project. If you should have any questions regarding this letter
and/or require additional information, please contact me at [email protected] or (972) 2322234.
Very truly yours,
NewGen Strategies and Solutions, LLC
l{M:'•t�
� FB62F346CFA8440
Chris D. Ekrut
Chief Financial Officer
TOWN OF FLOWER MOUND, TEXAS ($35,000)
Signed________________ Printed________________
Title________________ Date_________________
Flower Mound, TX
Water and Wastewater COS and Rate Design Study
. . ,..
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TOWN COUNCIL AGENDA ITEM NO. 4
CONSENT ITEM
DATE:
March 21, 2022
FROM:
Paul Henley, Fire Chief
ITEM:
Consider approval of the purchase of dual-certified Firefighter gear in the amount of
$61,625.00 from Casco Industries through BuyBoard Contract 603.20 and authorization
for the Mayor to approve same on behalf of the Town.
BACKGROUND INFORMATION: Any time a firefighter's burden can be reduced, the statistical likelihood
of call completion without incident increases. The use of dual-certified gear for non-fire emergency response
calls and wildland/grass fires can reduce firefighter burden, increase performance, and save valuable turnout
gear and extend its life. Advanced firefighter turnout gear is critical to protect firefighters from the dangers
of fire-related emergencies, but an emerging trend is revealing that firefighters don’t need a set of full bunker
gear on every call. This purchase would be part of an approved FY21/22 Decision Package for Rescue
Personal Protective Equipment (PPE) for approximately 70 sets of gear taking into account 10% or 20% for
larger sizes and not to exceed the proposed amount. The gear will be ordered under BuyBoard Contract
603.20 through Casco Industries upon Town Council approval.
FISCAL IMPACT: $61,625.00
Proposed Expenditure/(Revenue):
Account Number(s):
$61,625.00
100-660-63000-2300
Finance Review by: Tammy Wilson, Executive Director of Fiscal and Administrative Services/CFO
LEGAL REVIEW: N/A
ATTACHMENTS:
1. BuyBoard 603.20 Casco Industries
DRAFT MOTION: Move to approve as presented in the agenda caption.
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Attachment 1
January 25, 2022
David Stewart
Casco Industries, Inc.
607 W. 62nd Street
Shreveport, LA 71106
Re:
Sent via email to: [email protected]
Public Safety and Firehouse Supplies and Equipment
BuyBoard Contract 603-20
The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under
Public Safety and Firehouse Supplies and Equipment, Contract 603-20, for which the current term is set to
expire March 31, 2022. At this time, the BuyBoard is renewing your contract through March 31, 2023. This
will be the final renewal of this contract.
All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there
is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at
[email protected] prior to the start of the renewal term.
If you have questions or comments concerning this renewal, please contact me as soon as possible at
[email protected]. We appreciate your interest in The Local Government Purchasing Cooperative.
Sincerely,
Lisa Maraden
Contract Administrator
final renewal v.02.13.2020
36 of 79
TOWN COUNCIL AGENDA ITEM NO. 5
CONSENT ITEM
DATE:
March 21, 2022
FROM:
Gary Bertagnolli, Direct of Information Technology
Theresa Scott, Town Secretary
ITEM:
Consider approval of Agenda Management System with CivicClerk in the amount of
$18,900 and authorization for the Mayor to execute same on behalf of the Town.
BACKGROUND INFORMATION: For many years a series of ‘drag and drop’ shared folders have been
utilized by Town departments to create council and board items/agendas/packets. Our Information
Technology (IT) Department is tasked with setting up these folders and assigning the many permission
levels needed to secure them, as well as manage the changes in staff to keep access current. For staff,
the process of compiling documents involves duplicate data entry, copying, pasting, accessing multiple
template files to create items, working with content in various documents, and many other manual steps.
An Agenda Management System (AMS) would streamline this process all within one platform and allow
for better collaboration between departments through an automated workflow from creation to publication
for all council and board/commission agendas and packets. This change would result in significant
efficiency and accuracy improvements, such as formatting consistency, better management of deadlines,
approvals, agenda publication, minute taking, voting history, transparency, and minimize the necessity
of IT assistance. Instructional steps and templates are embedded within the system, therefore eliminating
the need to review and refer to a twenty-six page instructional manual when creating an agenda item.
CivicClerk is a comprehensive tool that will aggregate information, reports, and approvals in a single,
transparent cloud-based repository. It will allow for staff to create agenda items including resolutions,
ordinances, reports, as well as attachments, to submit for approval through an automated process.
CivicClerk will also allow for quick and easy updates or changes to the agenda, providing the most
accurate and up-to-date information. The Council, Board and Commission members, and the public will
be able to view the agenda on any electronic device just as they are able to do today, with the added
benefit of improved search capabilities, as well as a video link to coincide with the minutes, instead of
accessing a different link to watch the meeting.
This same system would also be used for automating the equally antiquated and complicated workflow
process for items that require Town Manager approval (Manager Communications). CivicClerk is in the
development stage for allowing electronic signature applications, which would further streamline the
process from start to finish for management of town documents.
Town staff from multiple departments participated in a demo and discussion with two AMS companies.
CivicClerk was selected due to cost, ease of use, and integration with CivicPlus (the Town’s current
website provider), as well as the support services they offer.
The initial cost of $18,900 includes the annual fee, training (both on-site and off), implementation, and
integration. The annual reoccurring cost is $8,316. This price reflects a negotiated 10% discount, and
with no annual price increase until year 4.
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FISCAL IMPACT: $18,900
Proposed Expenditure/(Revenue):
Account Number(s):
$18,900
567-270-84510-2020
Finance Review by: Tammy Wilson, Executive Director of Fiscal and Administrative Services/CFO
LEGAL REVIEW: Alicia Kreh of Taylor, Olson, Adkins, Sralla, & Elam L.L.P., has reviewed the Statement
of Work Agreement as to form and legality.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
ALTERNATIVES/OPTIONS: If not approved staff would continue the current shared folder process.
ATTACHMENTS:
1.
2.
Quote/Statement of Work
Proposal
DRAFT MOTION: Move to approve as presented in the agenda caption.
38 of 79
Attachment 1
Quote #:
Date:
Expires On:
Product:
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Q-22209-1
2/1/2022 9:51 AM
3/31/2022
CivicClerk
Client:
Bill To:
Flower Mound TX - CivicClerk
Flower Mound TX - CivicClerk
SALESPERSON
Lucas Clark
Phone
x
EMAIL
[email protected]
DELIVERY METHOD
PAYMENT METHOD
Net 30
CivicClerk - Statement of Work
QTY PRODUCT NAME
DESCRIPTION
1.00 CivicClerk Annual Fee
CivicClerk Annual Fee - Agenda and Minutes Management Renewable
1.00 CivicClerk Boards and
Committees Module
CivicClerk Boards and Committees Module
1.00 CivicClerk 2 Day On-Site Training
2 Day On-Site Training Package
2.00 CivicClerk On-Site Training Fee
On-Site Training Fee
One-time
3.00 CivicClerk Travel Days
On-Site Days
One-time
1.00 CivicClerk Ultimate
Implementation Package
Ultimate Implementation Package – Up to 16 of Boards
1.00 CivicClerk Virtual Consulting (Half
Day Block)
Consulting (Virtual) - half day, up to 4 hours
One-time
1.00 CivicClerk Ultimate Configuration
CivicClerk Ultimate Configuration
One-time
2.00 CivicClerk Virtual Training (Half
Day Block)
Training (Virtual) - half day, up to 4 hours
One-time
1.00 CivicClerk Custom Template
Design
CivicClerk Custom Template Set - includes 2 Agenda
templates, 1 Item Report template, 1 Minutes template, 1
Agenda Script template
One-time
List Price - Year 1 Total
Total Investment - Year 1
Annual Recurring Services - Year 2
PRODUCT
TYPE
USD 22,190.00
USD 18,900.00
USD 8,316.00
Total Days of Quote:365
V. PD 06.01.2015-0048
Page 1 of 4
Renewable
39 of 79
1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services
Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”), which shall not be amended without
the mutual written agreement of the Parties, to which this SOW is hereby attached as the CivicClerk Statement of Work.
By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW.
2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the
event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term or any subsequent Renewal
Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The Initial Term and all
Renewal Terms are collectively referred to as the “Term”.
3. The Total Investment - Year 1 will be invoiced at signing of this SOW. Client will pay all invoices within 30 days of the
date of invoice.
4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services,
including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning
in year 4 of service.
5. Client shall have sole control and responsibility over the determination of which data and information shall be included
in the content that is to be transmitted and stored by CivicPlus. Client shall not provide to CivicPlus or allow to be provided
to CivicPlus any content that (a) infringes or violates any 3rd party’s Intellectual Property rights, rights of publicity or rights
of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or
statutes.
6. The scope of the initial implementation services to be delivered by CivicPlus are as listed above. Client is responsible
for providing all information required for the configuration of the services in accordance with the scope and project timeline.
7. Upon Go-Live, any unused implementation services (ie: board configuration) will expire. Any configuration of
additional boards by CivicPlus after Go-Live may incur additional one-time charges based on the scope of the desired
configuration, design, and training services.
8. Completion of implementation services will be determined by Go Live status. The parties agree to cooperate in a
timely manner to complete all implementation tasks and deliverables in order to obtain Go-Live status of the services.
CivicPlus will make reasonable efforts to confirm Go Live status with the Client, but reserves the right to deem Client’s use
of the services in the intended course of business as Go Live. “Go-Live” is defined as the Client’s use of the services
implemented by CivicPlus under this SOW for the intended purpose and with the intended audience.
Signature Page to follow.
V. PD 06.01.2015-0048
Page 2 of 4
40 of 79
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the
MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of
the dates below.
Client
CivicPlus
By:
___________________________________
Name:
___________________________________
Title:
___________________________________
Date:
___________________________________
By:
___________________________________
Name:
Amy Vikander
___________________________________
Title:
Senior VP of Customer Success
___________________________________
Date:
3/18/2022
___________________________________
V. PD 06.01.2015-0048
Page 3 of 4
41 of 79
Contact Information
*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization
URL
________________________________________________________________________________________________________________________
Street Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City
State
Postal Code
________________________________________________________________________________________________________________________
CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays).
Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for
ensuring CivicPlus has current updates.
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
E-Mail
Billing Contact
________________________________________________________________________________________________________________________
Phone
Ext.
Fax
________________________________________________________________________________________________________________________
Billing Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City
State
Postal Code
________________________________________________________________________________________________________________________
Tax ID #
Sales Tax Exempt #
________________________________________________________________________________________________________________________
Billing Terms
Account Rep
________________________________________________________________________________________________________________________
Info Required on Invoice (PO or Job #)
________________________________________________________________________________________________________________________
Are you utilizing any external funding for your project (ex. FEMA, CARES):
Y [
] or N [
]
Please list all external sources: _______________________________________________________________________________________________
Contract Contact
Email
________________________________________________________________________________________________________________________
Phone
Ext.
Fax
________________________________________________________________________________________________________________________
Project Contact
Email
________________________________________________________________________________________________________________________
Phone
Ext.
Fax
________________________________________________________________________________________________________________________
V. PD 06.01.2015-0048
Page 4 of 4
42 of 79
Addendum to the Agreements by and between CivicPlus, LLC and Flower Mound, TX
Master Service Agreement and Statement of Work
Addendum
THIS Master Services Agreement and Statement of Work Addendum (“Addendum”) hereby sets forth the (i) additional terms and
conditions applicable to the Master Services Agreement, found at: www.civicplus.com/master-services-agreement, and/or Statement of
Work (“Agreements”) and/or (ii) amendments to specific provisions of the terms and conditions which exist in the Agreements (collectively,
the “Special Terms”), as described below, as agreed upon by CivicPlus and Flower Mound, TX. The Special Terms shall be deemed to
amend, modify, supplement, replace and/or supersede (as applicable) any inconsistent provisions of the Agreements, to the extent of the
inconsistency.
ALL TERMS AND CONDITIONS OF THE AGREEMENTS NOT EXPRESSLEY MODIFIED HEREIN SHALL REMAIN IN FULL FORCE
AND EFFECT.
Capitalized terms used and not defined herein shall have the meanings assigned to them in the Agreements (to which this Addendum is
attached and incorporated).
1. ADDITIONAL TERMS
49.
This Agreement is governed by the laws of the State of Texas. Each Party consents and agrees to submit to the
exclusive jurisdiction of any state or federal court in Denton County, Texas in respect to any dispute or proceeding arising out of or based
on this Agreement.
2. AMENDMENTS
Document and Section
MSA § 48
Amended Language
This section intentionally omitted.
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions
of this Addendum.
Client
By:
CivicPlus
By:
Name:
Name: Amy Vikander
Title:
Title: Senior VP of Customer Success
Date:
Date: 3/18/2022
Addendum to Master Services Agreement
1
43 of 79
AG E N DA M A N AG E M E N T SYS T E M
Flower Mound, Texas
F E B R UA RY 2 4 , 2 02 2
Lucas Clark | Enterprise Account Manager | [email protected] | 785.323.1579
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Company Overview
At CivicPlus, we have one goal: to empower the
public sector to accomplish impactful initiatives
using innovative solutions that save them time while
connecting them to the citizens they serve. We began
7,500 +
local government customers across
the United States and Canada
in 1998 when our founder, Ward Morgan, decided to
focus on helping local governments work better and
engage their citizens through their web environment.
CivicPlus continues to implement new technologies and
services to maintain the highest standards of excellence
and efficiency for our customers, including solutions
20 +
years of experience with a focus to
help local governments
for website design and hosting, parks and recreation
management, emergency and mass communications,
agenda and meeting management, talent management,
311 and citizen relationship management, codification,
and licensing and permits.
Our commitment to deliver the right solutions in design
550 +
employees, many with experience
in local government
and development, end-user satisfaction, and secure
hosting has been instrumental in making us a leader in
government web technology. We consider it a privilege
Recognition
to partner with municipal leaders and provide them with
solutions that will serve their needs today and well into
the future.
CivicClerk, a CivicPlus company, delivers years of
experience in agenda and meeting management
software as a service technology that has been designed
11-time Inc.
5000 Honoree
govtech.com/100
specifically to meet the needs of municipalities and their
staff and officials.
Primary Office
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
Technical Support
Recognized with
multiple, global
Stevie® Awards
for sales and
customer service
excellence
PAG E 1
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Why CivicClerk?
Clerks & Agenda
Administrators
As the primary point of contact and documentation
facilitator, clerks benefit from time-saving process
automation without having to sacrifice control.
•
•
Managers & Administrators
As approvers, department managers and community
administrators benefit from accessible collaboration
tools and visibility into staff work.
•
A user-friendly, intuitive system for all
staff members
Custom configurations based on business
processes
•
Automated workflows
Total visibility into the agenda, meeting, and video
•
Versioning control
content from one system
•
Customizable reporting
•
Assign tasks to stakeholders
•
Access to ongoing product education and industryspecific webinars, blog posts, and newsletters
Information Technology
Leaders
Elected & Appointed Officials
Internal IT stakeholders benefit from peace-of-mind
Elected leaders benefit from a reliable and accessible
complaints.
interactive tool to prepare for and participate in public
•
Secure, cloud-based hosting
•
Unlimited users and storage
•
Automatic upgrades
•
Built-in integrations with Dropbox, Microsoft’s One
meetings.
•
Secure, individual access to meeting materials
with full-text search
•
Pre- and during meeting annotation and
and the near-elimination of system questions and
Drive and Google Drive, and API availability
note-taking functionality
•
Device agnostic
•
Electronic voting (additional fees apply)
Agenda Contributors
Item Submitters benefit from an easy-to-use interface
that makes it faster to collaborate on agendas.
•
Pre-formatted staff reports
•
Versioning control
•
A dashboard display for a quick review of
outstanding task assignments
•
In-application support
•
24/7/365 U.S.-based support
Citizens
Members of your community benefit from transparency
and accessibility to public meeting content.
•
PDF downloads of agendas, packets, minutes,
notices, and other documents
•
Dedicated citizen portal with email subscriptions
and full-text search
•
Side-by-side agenda and video display using
CivicPlus Media (additional fees apply)
•
Accessibility portal designed to WCAG 2.0 A and
AA standards
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AG E N DA & M E E T I N G M A N AG E M E N T
CivicClerk is a comprehensive, collaboration tool to help aggregate information, reports, approvals,
and notes in a single, transparent, cloud-based repository. CivicClerk brings teams together, fosters
dialogue, and expedites reviews and approvals, offering the critical functionality needed by every
stakeholder at their crucial point in the review and approval process.
Meeting Preparation and Item
Submission
Review and Approval from
Collaborators
Agenda Generation and
Publication
•
•
•
Publish to web and send to
board members and subscribed
residents
•
Easy last-minute additions and
agenda revisions
Create agenda items and draft
staff reports
Receive, review, and revise
agenda items
•
Upload attachments
•
Assign tasks with due dates
•
Submit for approval
•
Visually track item status
Meeting Participant
Preparation
•
Board members and citizens
view agenda and meeting
packet on any device
•
Board members create
annotations
•
Available accessibility portal
designed to meet WCAG 2.0 A
and AA requirements
Meeting Day
Post-Meeting
•
Add and call speakers and run
speaker timer
•
•
Capture motions, votes,
comments, and discussion from
the meeting
Make any necessary revisions
to meeting actions and
discussion recorded during the
meeting
•
Create video bookmarks using
CivicPlus Media (additional fees
apply)
Generate and distribute or
publish draft and final meeting
minutes
•
Use preformatted text snippets
to populate your minutes
document
•
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Features &
Functionality
CivicClerk is the fastest, most intuitive way to streamline the entire agenda management process — from creating
agenda items to managing live meetings. It provides time-saving automation while allowing clerks to balance these
conveniences with manual controls and overrides. Internal collaboration with CivicClerk is easy with customized
workflows, version tracking, and built-in communication tools.
Our innovators designed CivicClerk to offer configuration flexibility so that the system can be scaled from the
most simple agenda process to the most complex. Built-in integrations and a suite of APIs make working with other
internal applications easy. CivicClerk’s user-defined roadmap ensures that the product will continue to grow and
adapt as transparency requirements and compliance expectations change.
Fully Integrated, Cloud-Based Software Suite
•
User-friendly, modern interface
•
Unlimited users
•
Unlimited storage
•
Single sign-on through the CivicPlus Platform
•
Highly configurable to your agenda and meeting
•
Secure Cloud-Based Hosting
management processes
•
Automatic Updates
•
Adaptable permission settings
•
Customer-Defined Roadmap
•
Confidential attachments
•
Enhanced Analytics for Data Visibility
•
Field-level versioning
•
Built-in integrations with Dropbox, Microsoft’s
One Drive and Google Drive and API availability
Part of the Integrated CivicPlus Platform
Our powerful CivicPlus Platform is the foundation on which all our CivicPlus solutions are built, allowing them to
work seamlessly and securely, leveraging existing data, and reducing information silos so your administrative
staff can collaborate efficiently. Administrators can take advantage of authentication using our identity provider
integrations to provide a single sign-on experience for internal users. The entire system is cloud-based, eliminating
the need for internal application management. CivicClerk is hosted in Microsoft’s Azure cloud service, providing a
stable multi-user environment while ensuring high availability and uptime.
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Agenda Management
Flexible, Customized
Templates
Standardized templates throughout the system
provide consistency and clarity to agendas, packets,
staff reports, and minutes.
Efficiently Manage Agenda
Packets of Any Size
CivicClerk compiles your items and all the legislation,
memorandums, or supporting documentation into
a bookmarked PDF packet quickly and easily, no
matter the size of the packet. Create multiple packet
versions instantly to include or exclude specific
attachments for your different internal and external
users. Last-minute changes to the agenda or packet
can be made and published with minimal effort.
Administrators choose what they publish to the
public, internal users, and elected or appointed
officials and when the information goes out.
Automated email notifications can be enabled so
all users, both internal and external, know when the
meeting documents are published.
Convenient, Anytime Agenda
Modifications
Changes to the agenda can be made at any time by
administrators without affecting global configurations
or settings. Drag-and-drop reordering allows you to
move items and automatically renumbers everything
on the agenda. One-touch copy and move functions
enable you to duplicate or move agenda items from
Create Agenda Items in
Seconds
CivicClerk’s easy-to-use item entry allows staff
members to enter agenda items, upload attachments,
and send through the workflow with a few clicks.
Configurable field types and our embedded text
editor ensure that you are capturing all the information
needed for CivicClerk to generate staff reports.
Automated PDF file conversion and built-in integrations
with Microsoft’s OneDrive and Google Drive simplify
the inclusion of supporting documentation and
attachments.
meeting to meeting, eliminating the need for duplicate
data entry.
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Automate Your Approvals
Process
The workflow engine in CivicClerk streamlines
the routing of your agenda items, automates
notifications, and gives full transparency to
Item Title
Ordinance No. 1234: An Ordinance to Amend the Zoning Code
collaborators as it passes through the approval
process. As contributors change items, the
system tracks revisions, keeping them visible
within the item fields and on the item timeline.
In-app messaging and task assignments keep
Ord. 1234- Zoning Code Changes
everyone in the loop and agenda prep moving
forward.
Custom Tags to Group
Like Agenda Items
CivicClerk allows administrators to set up tags that can be used by staff when creating their agenda items for
improved searching and reporting. Associate like content with pre-defined tags relevant to your community.
Agenda Management Features
•
Custom-developed agenda and staff report
templates
•
Bulk and single item actions to easily copy, move,
and initiate agenda items
•
Pre-formatted text snippets to save time and
provide consistency
•
Flexible workflow and approvals engine with
visual progress indicators
•
Automated PDF file conversion
•
In-app messaging
•
Task assignment
•
Full-text search functionality
•
Tags to link together like agenda items for
greater visibility and enhanced searching
capability
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Meeting Management
Automated Minutes Setup
Speaker Manager
CivicClerk’s fully integrated Minutes module will
Speakers can be added to the discussion at any time
automatically migrate all your agenda content. No
during the live meeting, while the built-in speaker timer
manual pre-meeting minutes setup or agenda import
helps keep meetings running efficiently.
is required. Move from the meeting agenda to the Live
Meeting Manager module with a single click.
Keep Up with the Meeting
Action
Meetings move fast. CivicClerk’s cloud-based platform
allows you to move quickly through your agenda items,
recording official actions and discussion, without
Easy, Intuitive Minutes-Taking
While in your live meeting, use the Minutes module to
capture critical meeting actions from a single screen
with a clean and intuitive user interface. Take roll
and manage attendance, record motions and votes,
enter speaker information, and record comments or
discussion to be brought into your minutes document.
having to wait for the system to catch up. The clean,
intuitive interface gives single-screen access to all your
meeting controls.
Minutes Module Features
•
No prep work required – agenda content
•
In-chamber display pages show a welcome
automatically pulls over into the Minutes module
screen, current item name, current speaker with
•
Single screen access to all meeting controls
countdown timer, motion made on the item, vote
•
Record comments and discussion, roll call,
motions and votes, speakers
•
Bulk copy available to quickly apply motions and
count recorded for the item (additional fees
apply)
•
Media live streaming and on-demand video
the associated votes to multiple agenda items
•
Choice of pre-configured or custom-developed
minutes templates
•
Pre-formatted text snippets to save time
formatting and entering data
•
Integrated board portal with electronic voting
Integrated video bookmarking with CivicPlus
service (additional fees apply)
•
Multiple concurrent video streams with CivicPlus
Media (additional fees apply)
•
Integrated live and on-demand closed captioning
services with optional CivicPlus Media
(additional fees apply)
(additional fees apply)
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Board Portal
Flexible Access
Interactive Meeting Tool
Your officials can choose how to access meeting
During live meetings, the Board Portal integrates with
content—helping them work better, faster. Efficiently
Live Meeting Manager to allow officials to refer to their
deliver packets of any size by paper, email, Dropbox,
review notes and annotations, capture notes within
OneDrive, Google Drive, or post to the Board Portal.
a dedicated field, receive visual cues as the agenda
CivicClerk is optimized for all devices, including
progresses from item to item, see speaker information
desktops, laptops, tablets, and smartphones. No
instantly, and enter electronic votes (additional fees
separate application required.
apply for electronic voting). Chair View can also be
enabled to allow the meeting presider to call speakers
A Personal Meeting Repository
Give officials a personal, secure location to review and
and advance agenda items.
take notes on all meeting content, including agendas,
Find What You Need- Faster
supporting documents, minutes, and media.
CivicClerk automatically indexes published meeting
content with Board Portal search functionality, so it
is easy for officials to find information quickly. Our
full-text search tool empowers officials to locate
past items, attachments, minutes, and agendas by
searching a keyword, date range, and more. An item
summary view allows officials to see the motions,
votes, and any comment or discussion on the item that
was recorded in the meeting minutes in an intuitive
display, preventing a manual search through full
minutes documents.
Elected/Appointed Officials Board Portal Features
•
Secure, individual access to meeting materials
•
Annotation and note-taking ability that you can
use in pre-meeting preparation as well as in-
•
apply)
•
meeting note-taking
•
•
•
Optimized for all devices, including desktops,
Electronic voting from any device (additional fees
Chair View to allow the meeting chair to call
speakers and advance agenda items
•
Full-text search functionality provides visibility
laptops, tablets, and smartphones. No separate
into past meeting content including notes made
application required
within the individual’s private notes field
Live speaker name and countdown timer visible
•
Minutes summary view enables officials to see
for each item
motions, votes, and any comment or discussion
Visual cues and one-touch access to the current
recorded in the meeting minutes for individual
discussion item
items
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Citizen Portal
Content Accessibility
It’s not enough to be transparent by
publishing your agendas and other
meeting documents online. Your
meeting content must be accessible to
all members of the public.
CivicClerk has a dedicated accessibility
portal that gives members of the public
complete access to your meeting
content. Closed captioning is also
available with our CivicPlus Media
service for live streaming and ondemand video. Additional fees apply for
CivicPlus Media and closed captioning.
Content Transparency
Build public trust with access to fully
searchable meeting content, including
legislative decisions and public meeting
videos. Meet municipal transparency
requirements while keeping citizens
engaged and informed.
Citizen Portal Features
•
Citizen portal iframe to embed on any webpage
gives access to all meeting content on a single
page
•
PDF downloads of Agenda, Packet, Minutes,
Notices, and Other pertinent meeting documents
•
•
Social sharing
•
Side-by-side agenda and video display with
CivicPlus Media (additional fees apply)
•
Optional Motions and Vote minutes display
updates the HTML agenda view to allow citizens
HTML agenda view hyperlinks attachments
to quickly see the final disposition of agenda
within the meeting agenda for direct access to
items without having to read full minutes
specific documents
documents
•
Full-text search and filtering options
•
Email notifications
•
Accessibility portal designed to WCAG 2.0 A and
AA standards
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Boards & Committees Module
The CivicClerk Boards and Committees module tracks vacancies, applications, and appointments. Interactive
dashboards give you quick access to actionable information. Easily manage rosters and generate communications
using customized templates. Store system-generated communications and other necessary documentation at the
board or individual member level. Track training and other internal requirements. Display board information through
the Citizen Portal, including member rosters if desired, post vacancies, and accept online applications.
The module handles the process of
managing the board itself.
Three Dashboards
•
Upcoming open seats (vacancies)
•
Number of appointments
•
Number of applicants
Board Management
•
Board Rules (number of seats, term
length, max # of terms, etc)
•
Board Appointments
•
Board Documents (file storage)
•
Board Roster
•
Board Liaisons
•
Letter and Email Template
Appointee and Applicant Management
•
Custom Reporting
•
Application Tracking
•
Appointment Tracking
•
Bulk Letter Creation
•
Bulk Email Creation
•
Mailing Labels
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The Civic Experience Platform
Developed specifically to enable municipalities to
Administrator Benefits
deliver consistently positive interactions across every
•
department and every service, the Civic Experience
Platform includes technology innovations that deliver
frictionless, one-stop, and personalized citizen
interactions. Local governments that leverage our Civic
Experience Platform also benefit from:
•
PCI Level password compatibility
A single dashboard and toolbar for administrative
access to your CivicPlus software stack
•
Access to a continually growing and fully
documented set of APIs to better connect your
administration’s processes and applications
•
access, transparency, and trust with citizens
•
Reduced phone calls, walk-ins, and emails from
citizens searching for information
•
Opportunities to increase revenue and foster civic
participation
Single Sign-On (SSO) to all of your CivicPlus
products supporting two-factor authentication and
•
A low-maintenance tool that increases accessibility,
A centralized data store with robust data
Integration Hub
Your time is too valuable to be spent downloading
finalized meeting documents and data to share
across varied communication channels. With the new
CivicPlus Integration Hub, you can create custom
integrations to connect CivicClerk with other products
on the CivicPlus Platform to automate the delivery of
that information just about anywhere.
automation and integration capabilities
With the easy-to-use drag-and-drop interface, non-
CivicPlus Portal
technical users can build integrations for syncing
CivicPlus Portal empowers citizens to be more engaged
third parties (for an additional fee) without the need for
and informed about progress in your community.
a developer. You can even easily create integrations
Portal streamlines the resident user experience as they
using manual import, polling, and webhooks (for an
interact with the CivicPlus products leveraged by you –
additional cost).
content and data between CivicPlus products or with
driving revenue, trust, and satisfaction.
The possibilities are endless with Integration Hub, but
With a single username and password, they can watch
here are a few examples of integrations you can create
a public meeting recording, submit a public works
with CivicClerk today:
request, pay a utility bill, or register for an upcoming
event. The result is more engaged and informed voters
•
Automatically add agenda or minute files to
and fewer phone calls, walk-ins, or emails to your
the Document Center to be displayed on a
department asking how to find documents or submit
CivicEngage® Central website after they are
records requests.
published in CivicClerk.
Citizen Benefits
•
Anytime, anywhere access to digital citizen services
•
A personalized dashboard that provides link cards
to the services they use most frequently
•
Set-up a workflow to post in the CivicEngage Central
News Flash once you’ve published your CivicClerk
meeting documents.
Shorten your pre-meeting to-do list and send your
meeting information instantly with a custom integration
using the Integration Hub.
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Project Timeline
Twelve to Sixteen Weeks
While every CivicClerk implementation is unique, the following timeline can provide you information about the
different implementation stages and what you can expect at each stage.
P R O J ECT S TA R T
1
P H AS E 1
Project Kickoff
P H AS E 2
Consulting
3
P H AS E 3
Configuration
P H AS E 4
Finalization
5
P H AS E 5
Training
• Project Kickoff call to review the timeline and
deliverables and provide access to project
tracking software
• Your staff complete a questionnaire to capture
information needed for CivicClerk configuration
• Virtual consulting session(s) to review current
processes and documents and discuss desired
goals, best practices, and configuration options
2
• Ultimate system configuration is completed and
handed off for review, testing, and feedback
• Configuration adjustments made per submitted
feedback
• Access is enabled for all users in preparation for
training
4
• Provide access to Boards and Committees
Module
• Live, virtual training sessions are conducted
within configured site
G O LI V E
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Ultimate Implementation Plan
Implementation & Support
Experience Designed for You
staff. The implementation consultant will review your
CivicClerk has the experience and expertise to help
match your current agenda and meeting processes.
custom template designs and discuss the configurations
that will be made to ensure your CivicClerk workflows
administrations of any size transform the entire meeting
management process. We know implementation can’t
be a one size fits all solution and offer flexible packages
Configuration
designed to meet your desired outcomes.
Our team will configure your system with unlimited
customization options to map your agenda and meeting
Our Ultimate Implementation Package is the perfect
processes and ensure that your CivicClerk solution is
fit for transforming complex agenda and meeting
optimized to meet your desired goals.
processes. It is designed for organizations with more
than 50 internal users, and a desire for a customized
and guided implementation experience. A dedicated
Design
and knowledgeable implementation consultant will
We will design up to 5 custom templates to ensure
manage your project from end-to-end—consulting
and collaborating with your team, applying custom
configurations to meet your desired processes, and
consistency in system-generated meeting documents:
Agendas, Item/Staff Report, Minutes, Agenda Script.
delivering live virtual training to your user groups. Key
project staff will have online access to the timeline and
all expected checkpoints and deliverables for a fully
transparent implementation.
Beyond implementation, your users will feel empowered
by our in-application support tools, a full online help
center, as well as phone, email, and live chat support
with members of the dedicated, award-winning
CivicClerk Technical Support team.
Training
Up to 8 hours of Virtual Training and 2 days OnSite Training
Your CivicClerk implementation consultant will guide
user groups through live, virtual training sessions using
your custom configured CivicClerk site. We recommend
no more than 20 users per session. Individual sessions
are either 30 or 60 minutes in duration.
Consulting
Up to 4 Hours of Virtual Consultation
During this consulting session, your CivicClerk
implementation consultant will be reviewing your
submitted project questionnaire with your key project
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Ongoing Services
Award-Winning Support
Over the past three years, CivicPlus Technical Support has been recognized by the globally respected Stevie®
Awards for Sales and Customer Service. CivicPlus has been honored with two Silver Stevie® Awards and
four Bronze Stevie® Awards in the categories of Front-Line Customer Service Team of the Year – Technology
Industries, Customer Service Training or Coaching Program of the Year – Technology Industries, Customer Service
Department of the Year – Computer Software – Up to 100 Employees, and Most Valuable Response by a Customer
Service Team (COVID-19).
The Stevie Awards are the world’s top honors for customer service, contact center, business development, and
sales professionals.
Around-the-Clock Service & Support
Technical & Ongoing Support
Maintenance
•
Live support personnel based in the U.S.
•
•
Weekday business hours: 8 a.m. – 6 p.m. (CST)
•
Contact via phone, email, and live chat
•
4-hour response during business hours
•
24/7 emergency support
•
Self-Service CivicPlus Help Center for tutorials
Regular review of site logs, error messages,
servers, router activity, and the internet in
general
•
Full backups performed daily
•
Regularly scheduled upgrades, fixes,
enhancements, and OS patches
and user guides
•
Assigned Customer Success Manager to ensure
your complete and ongoing satisfaction
Hosting & Security
•
•
Fully hosted within the Azure Cloud environment
Azure’s Site Recovery Services and Geographically
using their Infrastructure as a Service (IaaS) model
Redundant Storage Accounts (GRS) to provide
All processing and data storage in done within this
disaster recovery between Azure regions
environment using a mix of Azure Virtual Machines
•
•
•
All data is written to a GRS account which creates
and Storage Accounts
copies of that data in data centers across multiple
24/7/365 system monitoring with guaranteed
Azure regions - data is always accessible
99.9% uptime (excluding maintenance)
•
Site Recovery Services allows us to quickly spin up
and failover to clones of our Azure Virtual Machines
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Project Cost
CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns
and assist with budgeting and planning, our proposed project and pricing is valid for 60 days from February 24, 2022.
Development
Implementation
• Agenda Management
• Typical project timeline – twelve to sixteen weeks
– Unlimited boards
– Custom-developed templates (two Agenda
Templates, one Staff Report Template, one
Minutes Template, one Agenda Script Template)
• Four hours virtual consulting
• Eight hours virtual training
• Two days on-site training
– System-generated staff reports
Annual Recurring Services
• Minutes Management
– Record minutes including motions, votes,
speakers, and discussion
• Analytics module access
• Hosting and security
• Software maintenance including service patches
and system enhancements
– Create and save custom individual
views and organizational views
• 24/7 Technical support and access to the CivicPlus
community
– Export views as .XLS and .CSV files
• Unlimited users
• Dedicated Customer Success Manager
• Unlimited storage
• Google Drive, OneDrive, and Dropbox integrations
• Public Portal and Accessibility Portal
• Board Portal
• Boards and Committees Module
Year 1 (one-time + annual)
$22,190
Year 2 (annual + 5% technology uplift)
$9,702
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CivicPlus Project Pricing & Invoicing
CivicPlus has endeavored to meet Flower Mound’s needs and expectations for your new CivicClerk System based
on the information provided. The investment proposal included is subject to change should additional functionality,
custom development, or project enhancements, outside of the included scope, are added before contract signing.
CivicPlus prices on a per-project, all-inclusive basis. This type of pricing structure eliminates surprise costs, the
uncertainty of paying by the hour, and is overall more cost-effective for our customers. It provides you with a price
based on the products and features listed in this proposal that only varies if additional functionality of work, outside
of the original project scope, is requested. We understand local governments must look beyond just functionality
and that multiple factors come into play when determining which vendor can meet not only your functional needs
but also your budgetary requirements.
CivicPlus Offers:
Standard CivicClerk Invoicing
Customized Billing/Invoicing
•
Year 1 fees are due at contract signing
•
•
The first-year Annual Services fee is included with
before contract signing and, if feasible, develop a
plan that works for all parties
your Year 1 cost
•
Subsequent annual invoicing occurs on the
anniversary of the contract signing date, and is
We can discuss other billing options with you
•
Not available with all CivicPlus products – please
contact your account executive for more details
subject to a five percent technology fee uplift each
year starting Year 2 of your contract
We will work with you before contract signing to determine which of our billing processes will meet both your needs
for budget planning and our accounting processes.
Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal is intended as a
non-binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is
to provide information on a proposed project we believe will meet your needs based on the information available.
If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and
insurance requirements before a final agreement is reached. We look forward to developing a mutually beneficial
contract with Flower Mound.
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C I V I C C LE R K AG E N DA M A N AG E M E N T SYS T E M
Optional Enhancements
We are confident in the ability of our proposed project to meet the needs and requirements for Flower Mound. Based
on potential future conversations, the following are additional enhancements we may recommend.
O PTI O N A L EN H A N C EM ENTS
O N E-TI M E
A N N UA L
Additional Virtual Consulting - 1 hour
$240
N/A
Additional Virtual Training - 4 hours
$720
N/A
Custom Identity Provider (IdP) Integration
$1,575
$1,575
Template Design
$420
N/A
$420
$3,460
Live Meeting Manager (includes 1 hour of virutal consulting
and 1 hour of virutal training)
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TOWN COUNCIL AGENDA ITEM NO. 6
REGULAR ITEM
DATE:
March 21, 2022
FROM:
Tammy Wilson, Executive Director of Fiscal and Administrative Services/CFO
ITEM:
Consider approval of the Annual Comprehensive Financial Report (ACFR) for the fiscal year
ended September 30, 2021.
BACKGROUND INFORMATION: Article III, Section 3.13 of the Town Charter requires that an annual
independent audit be performed of “the books and accounts of each and every department of the Town.”
The Town has complied with this requirement, and in the opinion of the auditing firm of Eide Bailly, LLP, the
basic financial statements contained within the ACFR present fairly, in all material respects, the financial
position of the Town as of September 30, 2021.
Copies of the Town of Flower Mound’s Annual Comprehensive Financial Report (ACFR) for the fiscal year
ended September 30, 2021, were distributed prior to this meeting, and copies of the reports were placed in
the Library for review by the public. There were no significant deficiencies or material weaknesses found
during the audit.
The Town Council has adopted financial policies to guide and set goals for the financial administration of
the Town. The following table displays the Town’s financial policy results for fiscal year 2016-2017 through
fiscal year 2020-2021.
Financial Goals
General Fund fund balance
Goal
09/30/2017
09/30/2018
09/30/2019
09/30/2020
09/30/2021
At/Above
20.00%
29.14%
30.85%
33.19%
33.66%
41.17%
Water & Wastewater capital reserve
At/Above
at 60 days maintained
16.70%
21.68%
23.58%
24.94%
21.43%
20.79%
Debt Service fund balance
At/Above
4.00%
11.04%
10.38%
11.24%
13.46%
24.12%
Ratio of net debt to AV
At/Below
1.75%
0.88%
0.87%
0.78%
0.65%
0.53%
Ratio of debt service fund
expenditures to total general & debt
service funds
At/Below
20.00%
13.72%
16.67%
16.46%
15.05%
12.49%
VERF funding*
* Financial Policies Updated September 21, 2020
The Town’s Vehicle Equipment Replacement Fund will be funded annually based on the average life span of the Town’s fleet adjusted for inflation.
Additionally, the Fund will be reviewed annually to ensure future contributions are sufficient to replace existing fleet based on replacement criteria.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
ALTERNATIVES/OPTIONS: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS: N/A
DRAFT MOTION: Move to approve as presented in the agenda caption.
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TOWN COUNCIL AGENDA ITEM NO. 7
REGULAR ITEM
DATE:
March 21, 2022
FROM:
ITEM:
Andy Kancel, Chief of Police
The first of two Public Hearings to adopt Chapter 50, Article III, “Offense regarding
Minors,” Division 2, “Curfew”
BACKGROUND INFORMATION: This is the first of two required Public Hearings to review and adopt Chapter
50, Article III, “Offenses regarding Minors,” Division 2, “Curfew.” The previous ordinance expired February 18,
2022.
BOARD REVIEW/CITIZEN
FEEDBACK:
ALTERNATIVES/OPTIONS: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Alecia Kreh of Taylor, Olson, Adkins, Sralla, & Elam L.L.P., has reviewed the
ordinance as to form and legality.
ATTACHMENTS:
1. Draft Ordinance
DRAFT MOTION: Action will be considered following the second public hearing scheduled April 4, 2022.
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Attachment 1
TOWN OF FLOWER MOUND, TEXAS
ORDINANCE NO.
AN ORDINANCE ADOPTING THE TOWN’S JUVENILE CURFEW REGULATIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Flower Mound, Texas, is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of
the Texas Constitution and Chapter 9 of the Local Government Code; and,
WHEREAS, the Town Council previously adopted juvenile curfew regulations,
codified in Chapter 50, Article III, Division 2 of the Flower Mound Code; and,
WHEREAS, Section 370.002 of the Texas Local Government Code requires the
Town to review the curfew ordinance and hold public hearings every three years; and,
WHEREAS, the Town Council has reviewed the juvenile curfew regulations and
their effects on the community and on problems the ordinance was intended to remedy;
and,
WHEREAS, the Town Council conducted public hearings on March 21, 2022,
and April 4, 2022, on the need to readopt the ordinance; and,
WHEREAS, the Town Council has determined that the ordinance is necessary to
address the problems it is intended to remedy;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF FLOWER MOUND, TEXAS, THAT:
SECTION 1
The juvenile curfew regulations of the Town of Flower Mound, codified in Chapter
50, Article III, Division 2 of the Flower Mound Code are hereby readopted, as is, with no
changes.
SECTION 2
This ordinance shall be cumulative of all provisions of ordinances of the Town of
Flower Mound, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
64 of 79
ORDINANCE NO. ____
SECTION 3
It is hereby declared to be the intention of the Town Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the Town Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 4
The Town Secretary of the Town of Flower Mound is hereby directed to publish
the caption of this Ordinance in the official newspaper of the Town of Flower Mound as
required by Section 3.07 of the Charter of the Town of Flower Mound.
SECTION 5
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
FLOWER MOUND, TEXAS, BY A VOTE OF ____ TO ____ ON THIS THE 4th DAY OF
APRIL, 2022.
APPROVED:
___________________
Derek France, MAYOR
ATTEST:
______________________________
Theresa Scott, TOWN SECRETARY
65 of 79
TOWN COUNCIL AGENDA ITEM NO. 8
REGULAR ITEM
DATE:
March 21, 2022
FROM:
ITEM:
Poornima Kashyap, Principal Planner
Public Hearing to consider an ordinance granting Specific Use Permit No. 472 (SUP210005 – Bosco Boat Dealership) to permit inclusion of Retail, general (outdoors) use for a
boat dealership within an existing car dealership facility. The property is generally located
south of Justin Road and east of Stone Hill Farms Parkway (The Planning and Zoning
Commission recommended approval by a vote of 6 to 0 at its December 13, 2021,
meeting.)
SUMMARY DATA:
• Lot Size – 5.48 acres
• Building square feet – Existing two-story, 28,350 sf building
• SMARTGrowth – N/A, new review not triggered
• Traffic Analysis – Passed, based on the TA completed with
the original Site Plan application for the auto dealership
use. The trips generated by a Boat Sales Dealership are
less than the trips generated by a Car
Dealership. Therefore the combination of a Car Dealership
with a Boat Dealership using the same square footage
does not require a new TA.
• Exceptions – N/A
• Incentives – None
MU-C(3)
MU-TEN
BACKGROUND INFORMATION: Below is the link for the
Planning and Zoning Commission (P&Z) report and backup for
this item. During P&Z deliberation, limiting the number of boat
display spaces, the size of the boats, and the location of boat
display was discussed. The Commission also discussed adding
a condition in the SUP ordinance to limit approval of this SUP
to three-years with automatic renewal option. Based on P&Z’s
recommendation, staff has added four conditions (#6 thru #8) to
the ordinance, in addition to the original staff-proposed
conditions.
SUP conditions:
1. The hours of operation are limited to 8 a.m. to 7 p.m., Monday to Saturday.
2. Gates crossing the fire lane must remain open during business hours.
3. Outdoor storage shall be limited to operable cars and boats only. No ancillary storage of materials, trash,
equipment, storage pods, or similar items shall be allowed on the property unless it meets the standards
outlined below:
a. Ancillary storage shall be limited to no more than 650 square feet of the car/boat display area as
demarcated on the concept plan. This square footage is exclusive of the one (1) existing dumpster
enclosure.
b. Ancillary storage shall not occupy required parking spaces.
66 of 79
c. Ancillary storage shall be screened by a masonry wall constructed of or finished with materials
that match the main building.
d. Ancillary storage shall not exceed one foot less than said masonry wall in height.
e. Enclosure gates shall be constructed of sheet metal with a steel frame and painted to complement
the main building.
f.
Administrative approval of a site plan and obtaining necessary permits is required prior to placing
ancillary storage on the property and constructing or installing associated masonry wall.
4. No outdoor servicing of boats shall be permitted on the property.
5. Specific Use Permit No. 472 shall be subject to three-year automatic renewal, subject to Section 98-954
of the Town’s Land Development Regulations
6. Boat display and parking shall be limited to occupy no more than sixteen (16) display spaces.
7. Boat display and parking shall be limited to occupy display spaces located within a fenced-in area to the
south and west of the building.
8. The size of the boats displayed on the property shall not exceed thirty (30) feet in total length.
The applicant is not in agreement with the majority of the staff and P&Z Commission recommended SUP
conditions and has provided a redline mark-up of the conditions indicating the ones that he would like to be
deleted from the ordinance (see Attachment 2).
ATTACHMENTS:
1. Draft Ordinance
2. Applicant’s Mark-up of SUP Conditions
3. Planning and Zoning Commission Staff Report Link
LEGAL REVIEW: Alicia Kreh, of Taylor, Olson, Adkins, Sralla, & Elam L.L.P., has reviewed the ordinance
as to form and legality.
DRAFT MOTION: Move to approve as presented in the agenda caption.
67 of 79
Attachment 1: Draft Ordinance
TOWN OF FLOWER MOUND, TEXAS
ORDINANCE NO.__________
AN ORDINANCE 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
APPROVING SPECIFIC USE PERMIT NO. 472 (SUP-472) TO PERMIT A RETAIL, GENERAL
(OUTDOORS) USE FOR A BOAT DEALERHIP USE TO OPERATE WITHIN AN EXISTING
CAR DEALERSHIP FACILITY ON CERTAIN PROPERTY DESCRIBED AS 5.48 ACRES OF
LAND AND BEING ALL OF LOT 2R1, BLOCK A, OF THE STONE HILL FARMS RETAIL EAST
II ADDITION AND ZONED PLANNED DEVELOPMENT DISTRICT NO. 43 (PD-43) WITH
COMMERCIAL DISTRICT-2 (C-2) USES; PROVIDING THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATIONS HEREOF IN ACCORDANCE WITH SECTION 1-13 OF THE
CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Flower Mound, Texas, (the “Town”) is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas
Constitution and Chapter 9 of the Local Government Code; and,
WHEREAS, the Town Council of the Town heretofore adopted the Land Development
Regulations of the Town, as amended, which Ordinance regulates and restricts the location and
use of buildings, structures, and land for trade, industry, residence, and other purposes, and
provides for the establishment of zoning districts of such number, shape, and area as may be
best suited to carry out these regulations; and,
WHEREAS, in accordance with Chapter 78 of the Land Development Regulations, the
owner of the property described as 5.48 acres of land and being all of Lot 2R1, Block A, of the
Stone Hill Farms Retail East II Addition has filed an application for a Specific Use Permit for a
Retail, general (outdoor) use for a boat dealership use to operate within an existing Car Dealership
facility; and,
WHEREAS, the Planning and Zoning Commission of the Town held a public hearing on
December 13, 2021, and the Town Council of the Town, held a public hearing on March 21, 2022,
with respect to the Specific Use Permit described herein; and,
WHEREAS, the Town has complied with all requirements of Chapter 211 of the Local
Government Code, Chapter 78 of the Land Development Regulations, and all other laws dealing
with notice, publication and procedural requirements for the approval of a Specific Use Permit on
the property; and,
WHEREAS, the Town Council finds that the Specific Use Permit should be granted as
outlined herein as it is in the best interest of the Town and will promote the health, safety and
general welfare of the citizens of the Town and the general public;
Page 1
68 of 79
Ordinance No.__________
Attachment 1: Draft Ordinance
Page 2
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
FLOWER MOUND, TEXAS, THAT:
SECTION 1
The Land Development Regulations of the Town as amended, are hereby amended on
the hereinafter described property and area as shown below:
5.48 acres of land and being all of Lot 2R1, Block A, of the Stone Hill Farms Retail
East II Addition, Denton County, Texas.
Specific Use Permit No. 472 is granted to allow Retail, general (outdoors) uses to permit
a boat dealership, as more fully described in the exhibits attached hereto and incorporated herein,
subject to the following conditions:
1.
2.
3.
4.
5.
6.
7.
8.
The hours of operation are limited to 8 a.m. to 7 p.m., Monday to Saturday.
Gates crossing the fire lane must remain open during business hours.
Outdoor storage shall be limited to operable cars and boats only. No ancillary
storage of materials, trash, equipment, storage pods, or similar items shall be
allowed on the property unless it meets the standards outlined below:
a.
Ancillary storage shall be limited to no more than 650 square feet of the
car/boat display area as demarcated on the concept plan. This square
footage is exclusive of the one (1) existing dumpster enclosure.
b.
Ancillary storage shall not occupy required parking spaces.
c.
Ancillary storage shall be screened by a masonry wall constructed of or
finished with materials that match the main building.
d.
Ancillary storage shall not exceed one foot less than said masonry wall in
height.
e.
Enclosure gates shall be constructed of sheet metal with a steel frame and
painted to complement the main building.
f.
Administrative approval of a site plan and obtaining necessary permits is
required prior to placing ancillary storage on the property and constructing
or installing associated masonry wall.
No outdoor servicing of boats shall be permitted on the property.
Specific Use Permit No. 472 shall be subject to three-year automatic renewal,
subject to Section 98-954 of the Town’s Land Development Regulations
Boat display and parking shall be limited to occupy no more than sixteen (16)
display spaces.
Boat display and parking shall be limited to occupy display spaces located within
a fenced-in area to the south and west of the building.
The size of the boats displayed on the property shall not exceed thirty (30) feet in
total length.
SECTION 2
The Conceptual Site Plan and Conceptual Landscape Plan, attached hereto as Exhibits
“A” and “B,” each incorporated herein for all purposes allowed by law, are hereby approved as
the Conceptual Site Plan and Conceptual Landscape Plan for this Specific Use Permit.
69 of 79
Ordinance No.__________
Attachment 1: Draft Ordinance
Page 3
SECTION 3
The official map of the Town is amended and the Executive Director of Development
Services is directed to revise the official zoning map to reflect the approved Specific Use Permit,
as set forth above.
SECTION 4
The use of the property described above shall be subject to all applicable regulations
contained in the Land Development Regulations and all other applicable and pertinent ordinances
of the Town including the regulations contained in Planned Development District-43 (PD-43).
SECTION 5
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the Town, as amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which event the conflicting
provisions of such ordinances and such code are hereby repealed.
SECTION 6
It is hereby declared to be the intention of the Town Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph,
sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance,
since the same would have been enacted by the Town Council without the incorporation in this
Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 7
Any person, firm, or corporation who violates any provision of this Ordinance as adopted
by the Town Council of the Town shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine as provided in Section 1-13 of the Code of Ordinances of the
Town. Each day any such violation or violations exist shall constitute a separate offense and shall
be punishable as such.
SECTION 8
All rights and remedies of the Town are expressly saved as to any and all violations of the
provisions of the Land Development Regulations or any ordinances governing zoning that have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
70 of 79
Attachment 1: Draft Ordinance
Ordinance No.__________
Page 4
SECTION 9
The Town Secretary of the Town is hereby directed to publish the caption in the official
newspaper of the Town as required by Section 3.07 of the Charter of the Town.
SECTION 10
This Ordinance shall take effect and be in full force from and after the date of its passage
and publication.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
FLOWER MOUND, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 21ST DAY OF
MARCH, 2022.
APPROVED:
________________________________
Derek France, MAYOR
ATTEST:
______________________________
Theresa Scott, TOWN SECRETARY
71 of 79
EXHIBIT "A" - CONCEPT SITE PLAN
Attachment 1: Draft Ordinance
72 of 79
EXHIBIT "B - CONCEPT LANDSCAPE PLAN
PE
R
TBPE FIRM REGISTRATION NO. F-8440
P.O. BOX 294527 ♦ LEWISVILLE ♦ TEXAS ♦ 75029
972-906-9985 PHONE ♦ 972-906-9987 FAX
WWW.HEI.US.COM
HOMEYER
ENGINEERING, INC.
MATCHLINE - SEE SHEET LP1
STONE HILL FM, LLC.
LOT 1, BLOCK A
STONE HILL FARMS RETAIL EAST II
5.48 ACRES
TOWN OF FLOWER MOUND
DENTON COUNTY, TEXAS
FE
N
C
E
Attachment 1: Draft Ordinance
C
22
15' LANDSCAPE BUFFER
PLANTING PLAN
LANDSCAPE SCREENING BY
STONE HILL FARMS HOA
1.
CONTRACTOR SHALL PRESERVE ALL EXISTING VEGETATION ALONG PROPERTY
LINE ADJACENT TO STONE BEND LANE.
2. OWNER IS RESPONSIBLE FOR PLANTINGS AND LANDSCAPE BUFFER NORTH OF
PROPERTY LINE.
3. STONE HILL FARMS HOA IS RESPONSIBLE FOR LANDSCAPE SCREENING SOUTH
OF PROPERTY LINE.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
STREET BUFFER TREES
STANDARD
TOTAL STREET
YARD (SQ. FT.)
REQUIRED
PROVIDED
STANDARD
STREET FRONTAGE
(LINEAR FT.)
REQUIRED
PROVIDED
MIN. 20% OF STREET
YARD
N/A
N/A
N/A
1 PER 30 LF
N/A
N/A
N/A
ST
3.
STREET YARD LANDSCAPING
STREET YARD TREES
AT
PARKING AREA LANDSCAPING
STANDARD
TOTAL STREET
YARD (SQ. FT.)
REQUIRED
PROVIDED
STANDARD
NO. OF PARKING
SPACES
REQUIRED
PROVIDED
>110,000 SF =
1/5,000 SF ^ 110,000 + 50
N/A
N/A
N/A
90 SF PER
12 SPACES
88 SPACES
(CUSTOMER)
660 SF
3,415 SF
TREES REQUIRED TO SATISFY OTHER PROVISIONS OF LANDSCAPING REQUIREMENTS
AND LYING WITHIN THE STREET YARD MAY BE USED TO SATISFY THE REQUIREMENTS
OF OTHER SECTIONS.
STREET BUFFER LANDSCAPING
STREET NAME
REQUIRED
BUFFER WIDTH
PROVIDED
FM 407
N/A
N/A
STONE BEND LN.
15 FT
15 FT
NDSCAPE
D LA
A
E
R EL RE
NI
E
EC
2.
THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN). BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE
OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. SEE SPECIFICATIONS FOR MORE
DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION.
CONSTRUCT AND MAINTAIN FINISH GRADES IN LANDSCAPE AREAS AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS
SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES
AND ELIMINATE PONDING POTENTIAL. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES, AND ACTUAL CONDITIONS, THE CONTRACTOR
SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER.
ENSURE THAT THE GRADE IN SHRUB AREAS SHALL BE 2" BELOW FINISH GRADE AFTER INSTALLING SOIL AMENDMENTS, AND 1" BELOW FINISH GRADE IN SOD AREAS AFTER INSTALLING SOIL AMENDMENTS. MULCH COVER
WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL.
INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING BEDS AND TREE RINGS. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE.
INSTALL 14G, GREEN STEEL EDGING BETWEEN ALL PLANTING BEDS AND TURF AREAS, AND BETWEEN GROUNDCOVERS AND OTHER PLANTS (WHERE INDICATED ON THE PLAN).
HYDROMULCH ALL DISTURBED AREAS OUTSIDE OF PROPERTY LIMITS (UNLESS SHOWN AS SOD).
ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL
REQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS, ETC.).
THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A
DISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE.
NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR
SHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS).
PLANTS MAY BE INSPECTED AND APPROVED OR REJECTED ON THE JOBSITE BY THE OWNER OR OWNER'S REPRESENTATIVE.
THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER.
LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND
AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM
DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH
SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION.
SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHAL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL STAND
OF GRASS AT NO ADDITIONAL COST TO THE OWNER.
TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR:
A.
THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY
PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE.
B.
ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE.
C.
SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS
LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED.
SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS.
CT
HITE
RC
1.
REGIST
E
GENERAL PLANTING NOTES
19 86
AS
NOTES:
DA
PROPERTY LINE
E OF T EX
6-11-21
DRAWN: DFR
PARKING AREA TREES
STANDARD
NO. OF PARKING
SPACES
REQUIRED
PROVIDED
1 PER 10 PARKING
SPACES
88 SPACES
(CUSTOMER)
9 TREES
15 TREES
ALL CUSTOMER PARKING SPACES ARE LOCATED WITHIN 50FT OF A TREE.
DATE: 05/10/2017
0'
10'
20'
Scale 1" = 20'
40'
EVERGREEN
D E S I G N G R O U P
(800) 680-6630
15455 Dallas Pkwy., Ste 600
Addison, TX 75001
www.EvergreenDesignGroup.com
HEI #: 15-197
SHEET NO:
LP-2
73 of 79
EXHIBIT "B - CONCEPT LANDSCAPE PLAN
Attachment 1: Draft Ordinance
74 of 79
Attachment 2: Applicant's Markup of SUP Conditions
Specific Use Permit No. 472 is granted to allow Retail, general (outdoors) uses to permit
a boat dealership, as more fully described in the exhibits attached hereto and incorporated herein,
subject to the following conditions
1.
The hours of operation are limited to 8 a.m. to 7 p.m., Monday to Saturday.
2.
Gates crossing the fire lane must remain open during business hours.
3.
Outdoor storage shall be limited to operable cars and boats only. No ancillary
storage of materials, trash, equipment, storage pods, or similar items shall be
allowed on the property unless it meets the standards outlined below:
a.
Ancillary storage shall be limited to no more than 650 square feet of the
car/boat display area as designated on the concept plan. This square
footage is exclusive of the one (1) existing dumpster enclosure.
b.
Ancillary storage shall not occupy required parking spaces.
b.
Ancillary storage shall be screened by a masonry wall constructed of or
finished with materials that match the main building.
c.
Ancillary storage shall not exceed one foot less than said masonry wall in
height.
d.
Enclosure gates shall be constructed of sheet metal with a steel frame and
painted to complement the main building.
e.
Administrative approval of a site plan and obtaining necessary permits is
required prior to placing ancillary storage on the property and constructing
or installing associated masonry wall.
4.
No outdoor servicing of boats shall be permitted on the property.
5.
Specific Use Permit No. 472 shall be subject to three-year automatic renewal,
subject to Section 98-954 of the Town’s Land Development Regulations
6.
Boat display and parking shall be limited to occupy no more than sixteen (16)
display spaces.
7.
Boat display and parking shall be limited to occupy display areas located within a
fenced-in area to the south and west of the building.
8.
The size of the boats displayed on the property shall not exceed thirty (30) feet in
total length.
75 of 79
TOWN COUNCIL AGENDA ITEM NO. 9
REGULAR ITEM
DATE:
March 21, 2022
FROM:
Ray Watson, Economic Development Director
ITEM:
Presentation and discussion on land development along the IH-35W corridor.
BACKGROUND INFORMATION: On February 7, 2021 Council requested staff prepare a presentation
covering the various developments planned and approved along the IH-35W corridor.
Request from Council
• Research developments that will affect future development in Flower Mound
• Look at housing and commercial/retail, industrial, office
• Present findings to Council
Parameters
•
•
•
Area immediate west of Flower Mound (Denton-SH 114 along IH-35W)
Concentrate on quantifiable projects
Understand project as it is currently, as well as the projected growth of the project
Staff has prepared a presentation that looks at the IH-35W corridor from southern Denton to SH-114. This
presentation includes discussion on housing, retail, office and industrial.
76 of 79
Town Council Future Agenda Items
Status
SCHEDULED
4/4/2022
Friday, March 18, 2022
Consent
Consider approval of Change Order No. 1 for the Bakers Branch Stabilization
at 1612 Strait Lane project, amending the contract with KEC Retaining Walls &
Construction, Inc., to provide an increase to the contract in the amount of
$74,154.90; and authorization for the Mayor to execute on behalf of the Town.
Consent
Consider approval of the Best Value Bid Nos. 2022-31-A (Northwest),
2022-32-A (Southeast), 2022-33-A (Southwest & Twin Coves Park) and
2022-34-A (Northeast) Landscape Maintenance Program to ????? at the unit
prices bid, in the estimated annual amount of $626,870.00; and authorize the
Mayor to execute same on behalf of the Town.
Consent
Consider approval of a Development Agreement for the CNIK Addition Project
for the amount not to exceed $147,000.00; and authorization for the Mayor to
execute same on behalf of the Town.
Consent
Consider approval of the Professional Services Agreement with RJN Group,
Inc., for Flow Monitoring and Analysis associated with the Inflow and Infiltration
project, in the amount of $336,542.00; and authorization for the Mayor to
execute same on the behalf of the Town.
Consent
Consider approval of a Charter Service Agreement with Durham School
Services, L.P., to provide shuttle buses for various special events and the day
camp program; and authorization for the Mayor to execute same on behalf of
the Town.
Consent
Consider approval of the purchase of one T770 T4 Bobcat per Town of Flower
Mound Specifications and Vendor Quote from Bobcat Equipment Company in
the amount of $63,378.26; and authorization for the Mayor to execute on
behalf of the Town
Consent
Consider approval of the purchase of one 2022 Ford F350 Regular Cab One
Ton Truck with Dump Body and one 2022 Ford F550 Crew Cab One Ton
Truck with Service Body per Town of Flower Mound Specifications and Vendor
Quote from Sam Pack’s Five Star Ford in the amount of $58,853.50 and
$53,768.66, respectively; and authorization for the Mayor to execute on behalf
of the Town
Consent
Consider approval of the minutes from a regular meeting of the Town Council
held on March 21, 2022.
Regular
Public Hearing to consider a request for a Replat (RP22-0002 – Trimble
Addition Lot 1 & 2, Block A) to create two residential lots with an exception to
the grading criteria, regarding residential lot-to-lot drainage, contained in the
Town's Engineering Design Criteria and Construction Standards adopted
through Chapter 32 of the Code of Ordinances. The property is generally
located east of High Road and south of Arabian Circle. (P&Z recommended
approval/denial by a vote of 0 to 0 at its March 28, 2022, meeting.)
Page 1 of 4
77 of 79
Status
SCHEDULED
4/4/2022
4/18/2022
Friday, March 18, 2022
Regular
Public Hearing to consider an ordinance granting a Specific Use Permit No.
476 (SUP21-0011– 3800 High Road Accessory Dwelling) to permit an
accessory dwelling. The property is generally located east of High Road and
south of Arabian Circle. (P&Z recommended approval/denial by a vote of 0 to
0 at its March 28, 2022, meeting.)
Regular
Public Hearing to consider an ordinance granting Specific Use Permit No. 474
(SUP21-0008– River Walk Retail Phase II) to permit a fast food restaurant
with a drive-through window. The property is generally located south of
Promenade Way and east of Long Prairie Road. (P&Z recommended
approval/denial by a vote of 0 to 0 at its March 28, 2022, meeting.)
Regular
Public Hearing to consider an ordinance granting Specific Use Permit No. 477
(SUP21-0012– Ivybrook Academy – Prairie Plaza Building 6) to permit a day
care center use. The property is generally located north of Cross Timbers
Road and west of Long Prairie Road. (P&Z recommended approval/denial by
a vote of 0 to 0 at its March 28, 2022, meeting.)
Regular
Public Hearing to consider an application for a tree removal permit
(TRP21-0036) for forty-seven (47) specimen trees on property proposed for
development as Townlake Phase Five & Six residential development. The
property is generally located south of Cross Timbers Road and east of Scenic
Drive. (The Environmental Conservation Commission recommended approval
by a vote of 6-0-0 at its February 1, 2022, meeting).
Regular
The second of two Public Hearings to review Chapter 50, Article III, “Offenses
regarding Minors,” Division 2, “Curfew.”
Regular
Public Hearing to consider an ordinance for rezoning (ZPD21-0011 –
Townlake Phase Five & Six) from Agricultural District (A) to Planned
Development District No. 187 (PD-187) for a cluster development with certain
modifications and exceptions to the Code of Ordinances. The property is
generally located south of Cross Timbers Road and east of Scenic Drive.
(ECC recommended approval of the Open Space Management Plan by a vote
of 6 to 0 at its February 1, 2022, meeting.)
(P&Z recommended
approval/denial by a vote of 0 to 0 at its March 28, 2022, meeting.)
Consent
2021-2022 CIP Amendment No. 4
Consent
Consider approval of an ordinance amending Chapter 38 of the code of
ordinances, entitled “Fire Prevention and Protection” to provide for adoption of
the International Fire Code, 2021 edition and local amendments thereto.
Consent
Timber Creek Water & Sewer Replacements
Consent
Consider approval of the minutes from a regular meeting of the Town Council
held on April 4, 2022.
Presentation
Community Development Corporation and Parks Board Update
Page 2 of 4
78 of 79
Status
SCHEDULED
4/18/2022
Presentation
Placeholder: Mental Health Proclamation
5/17/2022
Consent
Placeholder: Canvass May 7 election
6/6/2022
Presentation
Transportation Commission Update
6/16/2022
Presentation
All Together Flower Mound Commission Update
6/20/2022
Presentation
Veterans Liaison Board Update
8/8/2022
Consent
Town Council acting as the Board of Directors for the Town of Flower Mound
Crime Control and Prevention District to schedule a public hearing for August
22, 2022, on the Flower Mound Crime Control and Prevention District budget
and to schedule a meeting for September 19, 2022, to take action on the
proposed budget; with each meeting to be held at 6:00 PM, at Town Hall,
located at 2121 Cross Timbers Road.
Consent
Consider approval of an ordinance establishing the 2022 certified appraisal
roll.
Consent
Consider accepting the submission of the certified collection rate of 100
percent for the fiscal year beginning October 1, 2022, and ending September
30, 2023.
Consent
Consider accepting the submission of the notice of a no-new-revenue tax rate
of $_______ per $100 assessed valuation and a voter-approval tax rate of
$_______ per $100 assessed valuation for the fiscal year beginning October
1, 2022, and ending September 30, 2023.
Consent
Consider proposing a maximum tax rate of $0._____ per $100 valuation for
the fiscal year beginning October 1, 2022, and ending September 30, 2023;
and scheduling August 22, 2022, public hearing on the budget, scheduling
September 19, 2022, public hearing on the tax rate, and scheduling the
September 19, 2022, adoption of said budget and tax rate; with each meeting
to be held at 6:00 PM, at Town Hall, located at 2121 Cross Timbers Road.
Consent
Town Council acting as the Board of Directors for the Town of Flower Mound
Fire Control, Prevention, and Emergency Medical Services District to schedule
a public hearing for August 22, 2022, on the Flower Mound Fire Control,
Prevention, and Emergency Medical Services District budget and to schedule
a meeting for September 19, 2022, to take action on the proposed budget;
with each meeting to be held at 6:00 PM, at Town Hall, located at 2121 Cross
Timbers Road.
8/18/2022
Consent
Hold a discussion and provide direction regarding the FY 2022-2023 Proposed
Budget, including Community Support funding.
8/22/2022
Consent
Public Hearing to consider the proposed budget for the fiscal year beginning
on October 1, 2022, and ending on September 30, 2023.
Friday, March 18, 2022
Page 3 of 4
79 of 79
Status
SCHEDULED
8/22/2022
9/19/2022
Friday, March 18, 2022
Consent
Public Hearing by the Town Council acting as the Board of Directors for the
Town of Flower Mound Fire Control, Prevention, and Emergency Medical
Services District to consider the Flower Mound Fire Control, Prevention, and
Emergency Medical Services District proposed budget for the fiscal year
beginning on October 1, 2022, and ending on September 30, 2023.
Consent
Public Hearing by the Town Council acting as the Board of Directors for the
Town of Flower Mound Crime Control and Prevention District to consider the
Flower Mound Crime Control and Prevention District proposed budget for the
fiscal year beginning on October 1, 2022, and ending on September 30, 2023.
Consent
Public Hearing to consider a tax rate of $0._____ per $100 assessed
valuation.
Consent
Consider approval of an ordinance adopting the budget for the fiscal year
beginning on October 1, 2022, and ending on September 30, 2023, and
making appropriations for each fund and department.
Consent
Consider approval of an ordinance adopting the 2022 tax rolls and fixing and
levying municipal ad valorem taxes for the fiscal year beginning on October 1,
2022, and ending on September 30, 2023, and for each fiscal year thereafter
until otherwise provided, at the rate of $0._____ per $100 assessed valuation
on all taxable property within the corporate limits of the Town of Flower Mound
as of January 1, 2022.
Consent
Town Council acting as the Board of Directors for the Town of Flower Mound
Fire Control, Prevention, and Emergency Medical Services District to consider
approval of a resolution adopting the Town of Flower Mound Fire Control,
Prevention, and Emergency Medical Services District budget for the fiscal year
beginning on October 1, 2022, and ending on September 30, 2023.
Consent
Town Council acting as the Board of Directors for the Town of Flower Mound
Crime Control and Prevention District to consider approval of a resolution
adopting the Town of Flower Mound Crime Control and Prevention District
budget for the fiscal year beginning on October 1, 2022, and ending on
September 30, 2023.
Page 4 of 4
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- Agenda Watch · Sep 3, 2026
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- Sep 3, 2026 Filed on the Docket
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