City Council

REGULAR CITY COUNCIL MEETING FRISCO CITY HALL GEORGE A. PUREFOY MUNICIPAL CENTER COUNCIL CHAMBERS 6101 FRISCO SQUARE BLVD. FRISCO, TEXAS 75034 5:30 PM TUESDAY, SEPTEMBER 21, 2010 MINUTES Mayor Maher Maso Present Mayor Pro Tem Jeff Cheney Present Deputy Mayor Pro Tem Bob Allen Present Council Member Pat Fallon Present Council Member Scott Johnson Present Council Member Bart Crowder Present Council Member John Keating Present CALL TO ORDER Mayor Maso called the meeting to order at 5:36 p.m. and announced that a quorum was present with John Keating arriving in a few minutes. 1. ROLL CALL Representing Staff were: City Manager, George Purefoy; Deputy City Manager, Henry Hill; Assistant City Manager, Nell Lange; Assistant City Manager, Ron Patterson; Assistant’s to the City Manager Ben Brezina, John Eaglen and Daniel Ford; City Attorney, Richard Abernathy; City Secretary, Jenny Page; Frisco CVB PR/Communications Manager, Denise Stokes; Engineering Director, Paul Knippel, Director of Development Services, John Lettelleir; Senior Planner, Michael Walker; Director of Finance, Anita Cothran; Fire Chief, Mack Borchardt; Police Chief, Todd Renshaw; and Director of Public Works, Gary Hartwell. Page 1 of 31 CLOSED SESSION John Keating arrived at 5:38 p.m. Bob Allen moved to recess into Closed Session at 5:38 p.m. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; A. Section 551.071. Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: i. Receive legal advice regarding housing concerns raised by Inclusive Communities Project. ii. Receive legal advice from City Attorney concerning legal issues regarding Exide and lead issues. iii. Receive legal advice concerning the contract with Southwest General Services and the ambulance billings. iv. Receive legal advice regarding the Sports Facility Lease Agreement dated January 24, 2008, by and between the City of Frisco, Texas (Lessor) and Sports Village Operating I, LLC (Lessee). B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located: i. South of US 380, North of The Colony city limits and North of 121, East of FM 423, and West of Hillcrest Road C. Section 551.087. Deliberation regarding commercial or financial information that the City has received from a business prospect and to deliberate the offer or other incentives to a business prospect. 3. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Bob Allen moved to reconvene into Regular Session at 6:50 p.m. Jeff Cheney seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Page 2 of 31  Against: (None) Mayor Maso announced that there was no action to take as a result of Closed Session. INVOCATION Scott Johnson led the invocation. PLEDGE OF ALLEGIANCE Deputy Mayor Pro Tem Bob Allen introduced Girl Scout Troop 3971 who led the audience in the United States and Texas Pledge of Allegiance. PROCLAMATIONS REPORTS 4. Development Services August 2010 Report on Building Inspection, Code Enforcement, Animal Control, development, and training activities John Lettelleir presented Development Services' August 2010 Report on Building Inspection, Code Enforcement, Animal Control, development and training activities. Mr. Lettelleir introduced John Webb as the new Zoning and Subdivision Administrator. 5. Monthly Financial Services Budget Update for August 2010 Anita Cothran presented the Monthly Financial Services Budget Update for August 2010. 6. Fire Department Monthly Report on Incident Response and Educational Activities (FIRE) Fire Chief, Mack Borchardt, presented the Fire Department July 2010 Monthly Report on Incident Response and Educational Activities. 7. Public Works Report on Water Usage and Other Monthly Activities Gary Hartwell presented the Monthly Report for Water Usage and other Monthly Activities. 8. Monthly report from Convention & Visitors Bureau on definite bookings, Page 3 of 31  projected economic impact and in-kind media results. Denise Stokes presented the CVB's August 2010 report on definite bookings, mobile marketing campaign and in-kind media values. 9. Police Department's report on crime statistics and response times for the month of August 2010. Police Chief, Todd Renshaw, presented the August 2010 report on crime statistics and response times. Mayor Maso moved to the Consent Agenda at 7:10 p.m. CITIZEN INPUT (to begin approximately at 7:30 p.m.) No citizens wished to speak. Mayor Maso moved back to the Regular Agenda Item 24. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A majority of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) Jeff Cheney moved to pull Item 15 from the Consent Agenda. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Scott Johnson moved to pull Item 14 from the Consent Agenda. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Bob Allen moved to approve Items 10 -13 and 16 - 20 of the Consent Agenda. Bart Crowder seconded the motion. Passed Page 4 of 31  Vote: 6-0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Scott Johnson made a motion to Table the Item 14. Pat Fallon seconded the motion. Passed Vote: 4 - 2 For: Jeff Cheney, Pat Fallon, Scott Johnson, John Keating; Against: Bob Allen, Bart Crowder; Dudley Raymond explained that Item 15 contained a typographical error in the Resolution referencing Change Order #3 that should be Change Order #2. Bob Allen moved to approve Item 15 subject to the language change. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 10. Consider and act upon approval of the Minutes from the September 07, 2010 Regular City Council Meeting (CSO/J Page) 11. Consider and act upon adoption of a Resolution authorizing the City Manager to execute Amendment Number Six to the Professional Services Agreement by and between the City of Frisco and HNTB Corporation for the Engineering Design and Bid Package Preparation for Stonebrook Parkway and Legacy Drive Improvements (Legacy Drive to Longhorn Trail) (Engineering/DC) 10-09-131R 12. Consider and act upon the adoption of a Resolution authorizing the City Manager to execute an Air Monitor Site Agreement with the Texas Commission on Environmental Quality. (CMO/RP) 10-09-132R 13. Consider and Act Upon a Resolution Authorizing the City Manager of the City of Frisco to Execute an Interlocal Cooperation Agreement by and Between the City of Frisco and the City of Hackberry for Fire and EMS Services. (Fire\MB) 10-09- 133R 14. Consider and act upon authorizing the City Manager to execute a contract for public affairs services with HillCo Partners. (CMO\RP) Scott Johnson suggested that the contract for public affairs services be advertised again to give other vendors the opportunity to be considered and Page 5 of 31  possibly find a less costly alternative to HillCo Partners. 15. Consider and act upon a resolution authorizing the City Manager to execute an amendment to an agreement by and between Estrada Concrete for additional work needed along Lebanon Road and Warren Parkway Trail Infill Project. (Parks/DR) 10-09-134R 16. Consider and act upon a resolution authorizing the City Manager to execute an agreement by and between James Pole Irrigation Consultants for Professional Design Services for Frisco Commons Mainline Irrigation Renovations. (Parks DR) 10-09-135R 17. Consider and Act on a Resolution accepting a grant from the North Central Texas Council of Governments and the Office of the Governor, Criminal Justice Division for the funding under the Victims of Crime Act Grant Program and authorizing the acceptance of the grant by the City Manager or his designee. (Part Time Victim Advocated). (Police/GW) 10-09-136R 18. Consider and Act on a Resolution accepting of a grant from the North Central Texas Council of Governments and the Office of the Governor, Criminal Justice Division for the funding under the Violence Against Women Grant Program and authorizing the acceptance of the grant by the City Manager or his designee. (3rd Year Family Violence Detective Continuation). (Police/GW) 10-09-137R 19. Consider and Act on a Resolution approving the acceptance of a grant from the North Central Texas Council of Governments and the Office of the Governor, Criminal Justice Division for the funding of a new Family Violence /Sexual Assault Detective under the Violence Against Women Grant Program and authorizing the acceptance of the grant by the City Manager or his designee. (New Domestic Violence/Sexual Assault Detective). (Police/GW) 10-09-138R 20. Consider and Act upon a Resolution to submit the Staffing for Adequate Fire and Emergency Response (SAFER) grant application to the Federal Emergency Management Agency in the amount of $2,958,331.00. (Fire) 10-09-139R LEGISLATIVE AGENDA (These items may legally require Council Action, but by Council Policy should be the City Manager's responsibility. The Legislative Agenda can be acted upon in one motion. The concurrence of two council members is required to remove any item for separate discussion and action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 21. Consider and act upon adoption of an Ordinance amending Planned Development-190 regarding development standards and maximum number of lots. The property contains 111.5± acres located on the southeast corner of Diamond Point Lane and Cotton Gin Road (800-feet west of Legacy Drive). Zoned Planned Development-190-Single Family-3. Neighborhood #41. Page 6 of 31  (Development Services/MW) 10-09-40 Bob Allen moved to pull Item 21 from the Legislative Agenda. Jeff Cheney seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) After discussion, Scott Johnson moved to approve adoption of an Ordinance amending Planned Development-190 regarding development standards and maximum number of lots. The property contains 111.5± acres located on the southeast corner of Diamond Point Lane and Cotton Gin Road (800-feet west of Legacy Drive). Zoned Planned Development-190-Single Family-3. Neighborhood #41. Jeff Cheney seconded the motion. Passed Vote: 4 - 3 For: Jeff Cheney, Pat Fallon, Scott Johnson, Maher Maso; Against: Bob Allen, Bart Crowder, John Keating; REGULAR AGENDA 22. Public Hearing: Specific Use Permit SUP10-0003. A request for a Specific Use Permit for a Child Day Care Center on one lot on 1.6± acres on the east side of Legacy Drive, 450± feet south of Avon Lane, and consider and act to direct staff to prepare an ordinance of the same. Zoned Planned Development-181- Commercial-1/Office-2. Neighborhood #46. (Development Services/RC) Bob Allen moved to open the public hearing. Jeff Cheney seconded. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) No one wished to speak. Bob Allen moved to close the public hearing. Pat Fallon seconded. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Page 7 of 31  Scott Johnson moved to approve Public Hearing: Specific Use Permit SUP10- 0003. A request for a Specific Use Permit for a Child Day Care Center on one lot on 1.6± acres on the east side of Legacy Drive, 450± feet south of Avon Lane, and consider and act to direct staff to prepare an ordinance of the same. Zoned Planned Development-181-Commercial-1/Office-2. Neighborhood #46. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 23. Consider and Act upon a Resolution Appropriating Funds from the General Fund Reserve for Repair of Three Slopes, Two Along Legacy Drive and One Along Lebanon Road. (ENG./PK) 10-09-140R Scott Johnson, Pat Fallon, John Keating, and Bart Crowder stepped down from the dais due to a conflict of interest. The appropriate conflict disclosure statements are on file with the City Secretary's office. Paul Knippel presented information and asked for approval for both projects. Bob Allen moved to approve a Resolution Appropriating Funds from the General Fund Reserve for Repair of Three Slopes, Two Along Legacy Drive and One Along Lebanon Road. (ENG./PK) Jeff Cheney seconded the motion. Passed Vote: 2 - 0 For: Jeff Cheney, Bob Allen; Against: (None) Scott Johnson, Pat Fallon, John Keating, and Bart Crowder returned to the dais. Mayor Maso continued with Citizen Input. 24. Consider and Act Upon an Ordinance Approving the Revised Budget Figures for the Fiscal Year 2009-2010 and Adopting a Budget and Appropriating Resources for the City of Frisco, Texas for the Fiscal Year Beginning October 1, 2010. (CMO/NL) 10-09-41 Assistant City Manager Nell Lange presented information on the City of Frisco Proposed 2010-2011 Budget and asked for approval. Jeff Trykoski, 4015 Bryson Dr., Frisco, Texas, did not speak but was in favor of cutting $100,000. in medical expense and capital outlay reductions and preserving the July 4th and Christmas lights funding. Page 8 of 31  John Keating commented that before he could cut employee's or services he felt he should make cuts himself and tore up the check he received as compensation as a Councilmember. He further stated that he refused future compensation. Pat Fallon agreed and said he would not receive further compensation as well. Matt Morgan, 10835 Stone House Lane, Frisco, Texas spoke about employee salaries, and contract attorneys compared to in-house counsel. He was in favor of reductions in these areas. Bart Crowder moved to approve an Ordinance Approving the Revised Budget Figures for the Fiscal Year 2009-2010 and Adopting a Budget and Appropriating Resources for the City of Frisco, Texas for the Fiscal Year Beginning October 1, 2010. Jeff Cheney seconded the motion. Passed Vote: 4 - 2 For: Jeff Cheney, Bob Allen, Bart Crowder, John Keating; Against: Scott Johnson, Pat Fallon; 25. Consider and Act Upon an Ordinance Approving the Revised Budget Figures for Fiscal Year 2009-2010 and Adopting a Budget and Appropriating Resources for the Frisco Economic Development Corporation Budget Year Beginning October 1, 2010. (CMO/NL) 10-09-42 Bob Allen moved to approve an Ordinance Approving the Revised Budget Figures for Fiscal Year 2009-2010 and Adopting a Budget and Appropriating Resources for the Frisco Economic Development Corporation Budget Year Beginning October 1, 2010. John Keating seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 26. Consider and Act Upon an Ordinance Approving the Revised Budget Figures for Fiscal Year 2009-2010 and Adopting a Budget and Appropriating Resources for the Frisco Community Development Corporation for the Budget Year Beginning October 1, 2010. (CMO/NL) 10-09-43 Bob Allen moved to approve Ordinance Approving the Revised Budget Figures for Fiscal Year 2009-2010 and Adopting a Budget and Appropriating Resources for the Frisco Community Development Corporation for the Budget Year Beginning October 1, 2010. Bart Crowder seconded the motion. Passed Vote: 6 - 0 Page 9 of 31  For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 27. Consider and Act Upon an Ordinance Levying Taxes for the 2010 Tax Year at the rate of $0.465 Per One Hundred Dollars ($100.00) Assessed Value on All Taxable Property Within the Corporate Limits of the City of Frisco, Texas. (CMO/NL) 10-09-44 Jeff Cheney moved to approve an Ordinance Levying Taxes for the 2010 Tax Year at the rate of $0.465 Per One Hundred Dollars ($100.00) Assessed Value on All Taxable Property Within the Corporate Limits of the City of Frisco, Texas. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Scott Johnson moved to recess at 8:03 p.m. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Pat Fallon moved to reconvene into Regular Session at 8:10 p.m. John Keating seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 28. Consider and act upon the appointment of eight (8) Board Members to the Convention & Visitors Bureau, representing the following sectors: two (2) At Large Representatives; one (1) Chamber Representative; one (1) Ex-Officio Member; two (2) Hotel Representatives; one (1) Restaurant Representative and one (1) Sports Representative. (CSO/JP) Mayor Maso opened nominations for a two year term Hotel Representative. Scott Johnson nominated Peter Streit. Bob Allen moved to close nominations. Pat Fallon seconded the motion. Page 10 of 31 Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Peter Streit. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a Hotel nomination to serve a one year term vacated by Tom Garcia. Pat Fallon nominated Bill Bretches. Scott Johnson moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Bill Bretches. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for At Large two year term position. Scott Johnson nominated Tom Lewis Bart Crowder moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Page 11 of 31  Against: (None) Mayor Maso called for a vote for Tom Lewis. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for the second At Large 2 year term position. John Keating nominated Mike James. Scot Johnson nominated April Berg. Bob Allen nominated Gordon Barr. Bart Crowder moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Mike James. Failed Vote: 3 - 4 For: Pat Fallon, Bart Crowder, John Keating; Against: Jeff Cheney, Scott Johnson, Bob Allen, Maher Maso; Mayor Maso called for a vote for April Berg. Passed Vote: 5 - 1 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder; Against: John Keating; Mayor Maso opened nomination for the Ex-Officio position. Bob Allen nominated Steve Lay. Scott Johnson moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Page 12 of 31  Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Steve Lay. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for the Chamber of Commerce representative. Pat Fallon nominated Gordon Barr. Bart Crowder moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Gordon Barr. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nomination for the Restaurant representative. Bart Crowder nominated Randy Burks. John Keating moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Randy Burks. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Page 13 of 31  Against: (None) Mayor Maso opened nominations for the Sports representative. John Keating nominated Randy Locey. Pat Fallon moved to close nominations. Bart Crowder seconded the nomination. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Randy Locey. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 29. Consider and act upon the appointment of two (2) Board Members to the Economic Development Corporation from the following sectors: one (1) "Member Representative and one (1) "FISD" Representative (CSO/JP) Mayor Maso opened nominations for the FISD representative. Bart Crowder nominated Richard Beaver. Bob Allen moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Richard Beaver. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for the At Large representative. Page 14 of 31  Jeff Cheney nominated David Porter. Pat Fallon nominated Cametra Thompson. Bart Crowder moved to close nominations. Pat Fallon seconded. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for David Porter. Passed Vote: 4 - 2 For: Jeff Cheney, Bob Allen, Scott Johnson, Bart Crowder; Against: Pat Fallon, John Keating; 30. Consider and act upon the appointment of five (5) Board Members to the Community Development Corporation (CSO/JP) Mayor Maso explained that the positions held by Gary Carley and Keith Wright were on the list for appointment for a 1 year term because they were up for appointment last year and were overlooked. The one year term will get the positions back on track. Then he opened nominations for a one year term representative. Scott Johnson nominated Gary Carley. Pat Fallon moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Gary Carley. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for the second one year term representative. Jeff Cheney nominated Keith Wright. Page 15 of 31 Scott Johnson moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Keith Wright. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a two year term representative. Pat Fallon nominated Heather Bowers. Bob Allen nominated Joy West. Scott Johnson nominated Allen Biehl. Bart Crowder moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Heather Bowers. Passed Vote: 4 - 2 For: Jeff Cheney, Pat Fallon, Bart Crowder, John Keating; Against: Bob Allen, Scott Johnson; Mayor Maso opened nominations for the second two year term representative. Bob Allen nominated Cynthia Hurley. Bart Crowder nominated Allen Biehl. Jeff Cheney nominated William Sampson. Pat Fallon moved to close nominations. Scott Johnson seconded the motion. Passed Vote: 6 - 0 Page 16 of 31  For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Cynthia Hurley. Passed Vote: 4 - 3 For: Jeff Cheney, Bob Allen, Bart Crowder, Maher Maso Against: Pat Fallon, Scott Johnson, John Keating; Mayor Maso opened nominations for the third two year term representative. Pat Fallon nominated Allen Biehl. Bob Allen nominated Joy West. Bart Crowder nominated Chris Stiles. Jeff Cheney nominated William Sampson. Jeff Cheney moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Allen Biehl. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen; 31. Consider and act upon the appointment of three (3) commissioners to fill the vacancies on the Planning & Zoning Commission with a term expiration date of June 2012 (CSO/JP) Development Services Director John Lettelleir explained that the recent Charter Amendment changed the length of terms from two years to three years and an adjustment would need to be made to accommodate the change. Also, the time of appointment has changed from June to September. After discussion, it was decided to appoint a two year and two three year term positions at this time. The other current positions would draw straws for length of terms at the next P & Z meeting. Mayor Maso opened nominations for a two year term representative. Page 17 of 31 Jeff Cheney nominated Clint Richardson. Bob Allen nominated Steve Hulsey. Pat Fallon moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Clint Richardson for a two year term expiring September 2012. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen; Mayor Maso opened nominations for the first three year term representative. Scott Johnson nominated Will Russell. Jeff Cheney nominated Bill Woodard. Bob Allen nominated Evan Mulligan. Pat Fallon moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Will Russell for a three year term expiring September 2013. Passed Vote: 4 - 2 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder; Against: Bob Allen, John Keating; Mayor Maso opened nominations for the second three year term representative. Jeff Cheney nominated Bill Woodard. Bob Allen nominated Steve Hulsey. Page 18 of 31  Scott Johnson moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Bill Woodard for a three year term expiring September 2013. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen; 32. Consider and act upon the appointment of three (3) Board Members to the Parks and Recreation Board (CSO/JP) Scott Johnson moved to Table Item 32 until later in the meeting. Jeff Cheney seconded the motion. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen; 33. Consider and act upon the appointment of two (2) Board Members to the Urban Forestry Board (CSO/JP) Mayor Maso opened nominations for a two year term representative. Bart Crowder nominated Marc Kirkland Pat Fallon moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Marc Kirkland. Passed Vote: 6 - 0 Page 19 of 31  For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a second two year term representative. Bob Allen nominated Mike Zapata. Jeff Cheney moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Mike Zapata. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) 34. Consider and act upon the appointment of five (5) Board Members to the Board of Adjustment/Construction Board of Appeals, representing the following sectors: three (3) "Members" and two (2) "Alternate" Members ("2" & "3") (CSO/JP) Mayor Maso commented that if Robert Beatty who is currently an Alternate #1, is appointed to a voting member position, the Alternate #1 position will need to be filled at the next meeting. Then he opened nominations for a two year term Member representative. Bart Crowder nominated Ijay Nkele. Bob Allen nominated Daniel Pellar. Scott Johnson moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Ijay Nkele. Failed Vote: 1 - 5 Page 20 of 31  For: Bob Allen; Against: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Mayor Maso called for a vote for Daniel Pellar. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a two year term Member representative. Pat Fallon nominated Robert Beatty. Jeff Cheney moved to close nominations. Pat Fallon seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Robert Beatty. Passed Vote: 6 - 0 For: Bob Allen, Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a two year term Member representative. Scott Johnson nominated Jeff Kershaw. Bart Crowder moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Jeff Kershaw. Passed Vote: 6 - 0 For: Bob Allen, Jeff Cheney, Pat Fallon, Scott Johnson, Bart Page 21 of 31  Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a two year term Alternate #3 representative. Bart Crowder nominated Ijay Nkele. John Keating nominated David Hayes. Bart Crowder moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Ijay Nkele. Passed Vote: 5 - 1 For: Bob Allen, Jeff Cheney, Scott Johnson, Bart Crowder, Pat Fallon; Against: John Keating; Mayor Maso opened nominations for a two year term Alternate #2 representative. John Keating nominated Wayne Snell. Jeff Cheney moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Wayne Snell. Passed Vote: 6 - 0 For: Bob Allen, Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 35. Consider and act upon the appointment on three (3) Board Members to the Housing Trust Fund Board (CSO/JP) Page 22 of 31 Mayor Maso opened nominations for a two year term Housing Trust Fund representative. Bart Crowder nominated Lynn Slaney-Silguero. Scott Johnson moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Lynn Slaney- Silguero. Passed Vote: 6 - 0 For: Bob Allen, Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a second two year term Housing Trust Fund representative. Pat Fallon nominated Kenneth Bond. Jeff Cheney nominated Larry Jordan. Bob Allen nominated Cametra Thompson. Bart Crowder moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Kenneth Bond. Failed Vote: 3 - 4 For: Jeff Cheney, Pat Fallon, John Keating; Against: Bob Allen, Scott Johnson, Bart Crowder, Maher Maso; Mayor Maso called for a vote for Larry Jordan. Failed Vote: 2 - 4 Page 23 of 31  For: Jeff Cheney, Bart Crowder; Against: Bob Allen, Pat Fallon, Scott Johnson, John Keating; Mayor Maso called for a vote for Cametra Thompson. Passed Vote: 6 - 0 For: Bob Allen, Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a third two year term Housing Trust Fund representative. Pat Fallon nominated Kenneth Bond. Bob Allen nominated Larry Jordan. John Keating moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Kenneth Bond. Passed Vote: 4 - 2 For: Jeff Cheney, Pat Fallon, Scott Johnson, John Keating; Against: Bob Allen, Bart Crowder; 36. Consider and act upon the appointment of one (1) Board of Director "Frisco Representative" to represent the Member Cities of the Arts of Collin County (CSO/JP) Mayor Maso opened nominations for a three year term Arts of Collin County Frisco representative. Bob Allen nominated Linda Pardue. Jeff Cheney nominated John Classe. Pat Fallon moved to close nominations. John Keating seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Page 24 of 31  Against: (None) Mayor Maso called for a vote for Linda Pardue. Failed Vote: 2 - 4 For: Bob Allen, Bart Crowder; Against: Jeff Cheney, Pat Fallon, Scott Johnson, John Keating; Mayor Maso called for a vote for John Classe. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) 37. Consider and act upon the appointment of three (3) Board Members to the Public Art Board (CSO/JP) Mayor Maso opened nominations for a two year term Public Art Board representative. John Keating nominated Robert Moroch. Jeff Cheney moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Robert Moroch. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a second two year term Public Art Board representative. Bob Allen nominated Laverne Forwark. John Keating nominated Christine Cavalier. Bob Allen moved to close nominations. Bart Crowder seconded the motion. Page 25 of 31  Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Laverne Forwark. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder; Against: John Keating; Mayor Maso opened nominations for a third two year term Public Art Board representative. Bob Allen nominated Troy Pelias. Scott Johnson nominated Miriam Satterfield. Pat Fallon moved to close nominations. Bart Crowder seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Troy Pelias. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) 38. Consider and act upon the appointment of three (3) Board Members to the Downtown Advisory Board representing the following sectors: one (1) "Business/Land" Representative and two (2) "At Large" Representatives (CSO/JP) Mayor Maso explained that Robert Messina, currently an At Large member, was eligible for the Business/Land representative since lived and owned a business in the downtown area. Then he opened nominations for a two year term Downtown Advisory Board Business/Land representative. Bob Allen nominated Robert Messina. Scott Johnson nominated Kevin Lofgren. Page 26 of 31 Pat Fallon moved to close nominations. Jeff Cheney seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Robert Messina. Passed Vote: 4 - 3 For: Jeff Cheney, Bob Allen, Bart Crowder, Maher Maso; Against: Pat Fallon, Scott Johnson, John Keating; Mayor Maso opened nominations for an At Large two year term Downtown Advisory Board representative. Bob Allen nominated Jeanne Rubin. Scott Johnson nominated Rick Fletcher. Pat Fallon moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Jeanne Rubin. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Bob Allen, Bart Crowder, John Keating; Against: Scott Johnson; Mayor Maso opened nominations for a second At Large two year term Downtown Advisory Board representative. Pat Fallon nominated Rick Fletcher. Jeff Cheney moved to close nominations. John Keating seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Page 27 of 31  Against: (None) Mayor Maso called for a vote for Rick Fletcher. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) 39. Consider and act upon the Mayor's appointment of one (1) Board Member to the Housing Authority Board (CSO/J Page) Mayor Maso reappointed Sarah Kimmich to the Housing Authority Board. Mayor Maso continued with Item 32. 32. Consider and act upon the appointment of three (3) Board Members to the Parks and Recreation Board (CSO/JP). Bob Clark Hunt Reifschneider Dick Abernethy Mayor Maso opened nominations for a Parks and Recreation Board representative. Bob Allen nominated Bob Clark. Scott Johnson moved to close nominations. Jeff Cheney seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Bob Clark. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) Mayor Maso opened nominations for a second Parks and Recreation Board representative. Scott Johnson nominated Hunt Reifschneider. Bob Allen nominated Dick Abernethy. Page 28 of 31  Pat Fallon moved to close nominations. John Keating seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Hunt Riefschneider. Passed Vote: 4 - 2 For: Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen, Jeff Cheney, Mayor Maso opened nominations for a third Parks and Recreation Board representative. Pat Fallon nominated Dick Abernethy. Scott Johnson moved to close nominations. Bob Allen seconded the motion. Passed Vote: 6 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Dick Abernethy. Passed Vote: 6 - 0 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bob Allen, Bart Crowder, John Keating; Against: (None) 40. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the City Council to Development Services, pursuant to Article IV, Section 1.07(C) of the Comprehensive Zoning Ordinance and/or Section 4.05 of the Subdivision Regulation Ordinance, regarding action taken by the Planning and Zoning Commission on any site plan or plat. Any written notice of appeal must be submitted to Development Services. (Development Services) No appeals were presented. 41. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda.  Appointment of Alternate 1 to Board of Adjustments. Page 29 of 31   Information on Bond yields for new issues. Jeff Cheney moved to recess into closed session at 9:14 p.m. Pat Fallon seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Bob Allen moved to reconvene into Regular Session at 10:38 p.m. Bart Crowder seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) Mayor Maso announced that as a result of Closed Session there was no business to discuss. 42. Discussion on Governance Monitoring of present City Council Meeting. Deputy Mayor Pro Tem Bob Allen gave the Council a B. ADJOURN There being no additional business, Bart Crowder made motion to Adjourn at 10:40 p.m. Jeff Cheney seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) THESE MINUTES WERE APPROVED BY CITY COUNCIL AT THE 10-05-2010 REGULAR CITY COUNCIL MEETING. Approved/signed minutes are available at http://sire.friscotexas.gov/sirepub/docs.aspx .) _______________________ Maher Maso, Mayor Page 30 of 31 ATTEST: _______________________ Jenny Page, City Secretary Page 31 of 31