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, OCTOBER 05, 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 Absent Council Member Bart Crowder Present Council Member John Keating Present CALL TO ORDER Mayor Maso called the meeting to order at 5:30 p.m. and announced that all members were present except Scott Johnson and Pat Fallon and a quorum was present. 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; Assistants to the City Manager, Ben Brezina, John Eaglen and Daniel Ford; Director of Development Services, John Lettelleir; Director of Engineering Services, Paul Knippel; Director of IT, Curt Balogh; Library Services Director, Shelley Holley; Parks & Recreation Director, Rick Wieland; City Attorney Richard Abernathy; and City Secretary, Jenny Page. Page 1 of 12  Mr. Fallon arrived at 5:31 p.m. CLOSED SESSION 2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Bob Allen moved to recess into Closed Session at 5:32 p.m. in compliance with Section 551.001 et. seq. Texas Government Code, to wit;. Jeff Cheney seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) 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 access near the intersection of Eldorado and Teel. 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 the Dallas North Tollway. 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. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Mayor Maso announced that as a result of Closed Session, there was no action to take. INVOCATION Page 2 of 12  Bob Allen led the invocation. PLEDGE OF ALLEGIANCE Bob Allen led the audience in the United States and Texas Pledge of Allegiance. PROCLAMATIONS There were no proclamations but Mayor Maso introduced special quest Capt. Chris McKee with the National Guard and his wife Donna. Cpt. McKee flew a City of Frisco flag over Iraq, south of Bagdad, while stationed there. REPORTS 4. Recognition of the City of Frisco Information Technology - Geographic Information System (GIS) Group for Receiving the 2010 ESRI President's Award. Curt Balogh, Director of IT, presented to Council the 2010 ESRI President's Award that the City of Frisco Information Technology - Geographic Information System (GIS) Group recently received. Team members included: Susan Olson – Information Systems and GIS Manager John Morley – Sr. GIS Analyst Steve Foster – GIS Programmer Amy Rose – GIS Analyst Brian Macke – Public Safety GIS Analyst Bud Videan – GIS Technician Meg Adaya – GIS Technician 5. Library report on usage and programming activities Library Services Director, Shelley Holley presented the Library Report on monthly usage and programming activities. 6. Parks and Recreation Monthly Report regarding Park and Trail Development, Facilities, Special Events and Youth Development. Parks & Recreation Director, Rick Wieland, presented a report on Park & Trail Development, Facilities, Special Events, and Youth Development. 7. Engineering Services Monthly Report on Roads, Traffic, Water & Sewer. Page 3 of 12  Engineering Services Director, Paul Knippel presented the Engineering Services Monthly Report on Roads, Traffic, Water and Sewer Projects. Mayor Maso moved to the Consent Agenda since it was not yet 7:30 p.m. CITIZEN INPUT (to begin approximately at 7:30 p.m.) No one wished to speak. Mayor Maso moved back to Item 41. 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 36 and 37 from the Consent Agenda. Bob Allen seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Pat Fallon moved to approve Items 8 - 35 of the Consent Agenda. John Keating seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Pat Fallon, John Keating, and Bart Crowder stepped down from the dais because they are all property owners in the subdivision considered in Items 36 and 37. The appropriate Conflict of Interest form is on file with the Office of the City Secretary. Jeff Cheney moved to approve Items 36 and 37 of the Consent Agenda. Bob Allen seconded the motion. Passed Vote: 2 - 0 For: Jeff Cheney, Bob Allen; Against: (None) Page 4 of 12  After discussion, Pat Fallon, John Keating, and Bart Crowder returned to the dais. 8. Consider and act upon approval of the Minutes from the September 21, 2010 Regular City Council Meeting. (CSO/JP) 9. Consider and act upon adoption of a Resolution authorizing the City Manager to execute a Land Lease Agreement with Tiseo Paving Co. for a concrete batch plant site to be used during construction of the Legacy and Lebanon Intersection Improvements (Engineering/JB). 10-10-141R 10. Consider and act upon adoption of a Resolution authorizing the City Manager to execute the Agreement for Furnishing and Installing of Traffic Signal Equipment by a Municipality by and between the City of Frisco and the Texas Department of Transportation to reimburse the City of Frisco for the cost of equipment provided for the traffic signal on FM 2478 at Stonebridge Drive (Engineering/BM). 10-10-142R 11. Consider and act upon approval of an Interlocal Agreement by and between the City of Frisco and the Town of Prosper for GIS Services and adoption of a Resolution authorizing the City Manager to execute the agreement. (IT/SO) 10- 10-143R 12. Consider and act upon approval of an Interlocal Agreement by and between the City of Frisco and Frisco Economic Development Corporation for GIS services and adoption of a Resolution authorizing the City Manager to execute the Agreement. (IT/SO) 10-10-144R 13. Consider and act upon approving a resolution authorizing the City Manager to execute Change Order # 1 by and between the City of Frisco and Site Planning Site Development (S.P.S.D.), Inc. for Youth Center Park Renovation. (Parks / JED) 10-10-145R 14. Consider and Act upon a resolution authorizing the City Manager to execute a contract with Land Design Partners - DFW Inc. for design and construction documents for BF Phillips Phase 3 (Dog Park-Phase I). (Parks/DR) 10-10-146R 15. Consider and act upon approval of a purchase order to 3M Company for the purchase of sign sheeting to be used by Traffic Division during the fiscal year 2011. (PW/TJ) 16. Consider and act upon approval of purchase orders to American Tire for the purchase of tires for Fleet Services and the Fire Department during the fiscal year 2011. (Fleet, Fire/TJ) Page 5 of 12 17. Consider and act upon approval of a purchase order to APAC-Texas Inc., for the purchase of hot mix asphalt concrete to be used by the Street Division during the fiscal year 2011. (PW/TJ) 18. Consider and act upon approval of a purchase order to Azteca Systems, Inc. for the purchase of an annual update and support for Cityworks asset management software. (IT/TJ) 19. Consider and act upon approval of purchase orders with Book Wholesalers Incorporated, for the purchase of Library materials during the fiscal year 2011. (Library/TJ) 20. Consider and act upon approval of a purchase order with EMS Biocare, for Medical Control and Continuing Education during the fiscal year 2011. (Fire/TJ) 21. Consider and act upon approval of purchase orders to Dell Marketing for purchase of office computers and servers, through the State of Texas Department of Information Resources (DIR) contract during the fiscal year 2011. (IT/TJ) 22. Consider and act upon approval of a purchase order to Hall-Mark Fire Apparatus, Inc. for the purchase of parts and service for the Frisco Fire Department’s E-One fire trucks during the fiscal year 2011. (Fire/TJ) 23. Consider and act upon approval of a purchase order to Goodyear Tire for the purchase of Police Tahoe replacement tires during the fiscal year 2011. (Fleet/TJ) 24. Consider and act upon approval of a purchase order for annual maintenance fees to Integrated Computer Systems, Inc. (ICS) for hardware and software related to the Police Records Management System, Public Safety Computer Aided Dispatch System and the Public Safety Mobile Data Computer System. (Police/TJ) 25. Consider and act upon approval of a purchase order with Ingram Library Services Incorporated, for the purchase of Library materials during the fiscal year 2011. (Library/TJ) 26. Consider and act upon approval of purchase orders with Napa Auto Parts, for the purchase of miscellaneous vehicle maintenance and repair parts during the fiscal year 2011. (Fleet, Fire/TJ) 27. Consider and act upon approval of a purchase order to Nortex Concrete Lift and Stabilization for pavement under-sealing and raising services during the fiscal year 2011. (PW/TJ) Page 6 of 12 28. Consider and act upon approval of a purchase order to OverDrive’s Digital Library Reserve, Inc. for the purchase of digital media hosting and downloads services during the fiscal year 2011. (Library/TJ) 29. Consider and act upon approval of a purchase order to Southwest International for the purchase of parts and service for the Frisco Fire Department’s Emergency Vehicles during the fiscal year 2011. (Fire/TJ) 30. Consider and act upon approval of purchase orders to Structural and Steel Products Inc. for the purchase of traffic signal poles and mast arms. (Engineering/TJ) 31. Consider and act upon approval of a purchase order to Texas Moving Co. Inc. dba Texas Archives, for storage, tracking and destruction of City documents. (CSO/TJ) 32. Consider and act upon approval of a purchase order to Vulcan Signs for the purchase of sign blades and blanks to be used by Traffic Division during the fiscal year 2011. (PW/TJ) 33. Consider and Act upon approval of a sixth amendment to the lease agreement with the Dallas Stars and Hicks Sports Group and a resolution authorizing the City Manager to execute this amendment. (CMO/DF) 10-10-147R 34. Consider and act upon approval of a resolution authorizing the City Manager or his designee to execute an agreement with Illumimax, LLC for the design and operation of the computer animated holiday lighting show. (Admin. Services/TJ) 10-10-148R 35. Consider and act upon adoption of a Resolution authorizing the City Manager to execute an agreement by and between the City of Frisco, Texas and Collin County, Texas for animal shelter services. (Development Services) 10-10-149R 36. Consider and Act Upon a Resolution Ratifying the Execution of the Following Agreements for the Repair of the Legacy Drive and Lebanon Road Slope Failures. (ENG/PK) 10-10-150R A. Consider and Act Upon Ratification of a License Agreement By and Between the City of Frisco and BNSF for the Repair of the Legacy Drive Slope Failure. B. Consider and Act Upon Ratification of an Agreement with Glenn Tracy Consulting Engineer for the Lebanon Road Slope Reconstruction C. Consider and Act Upon Ratification of a Professional Services Agreement with Kimley Horn and Associates (KHA) for Legacy Drive Slope Reconstruction Page 7 of 12 37. Consider and Act Upon Adoption of a Resolution Approving the Following Agreements for the Legacy Drive and Lebanon Road Slope Reconstruction. 10- 10-151R A. Consider and Act Upon Approving a License Agreement by and between the City of Frisco and BNSF Railway Company (BNSF) for the repair of Legacy Drive Slope Failure. B. Consider and Act Upon Approving Agreement with Glenn Tracy Consulting Engineer for the Lebanon Road Slope Reconstruction. C. Consider and act upon approving a Professional Services Agreement with Kimley Horn and Associates (KHA) for Legacy Drive Slope Reconstruction. 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.) 38. Consider and act upon an Amendment to Ordinance 10-08-34 to establish Reduced Speed School Zones on identified streets within the City of Frisco (Engineering/BM). 10-10-45 Jeff Cheney moved to approve an Amendment to Ordinance 10-08-34 to establish Reduced Speed School Zones on identified streets within the City of Frisco. Bob Allen seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) REGULAR AGENDA 39. Consider and act upon authorizing the City Manager to execute a contract for public affairs services with HillCo Partners. (CMO). (Tabled 9/21/10) Mayor Maso commented that Councilmember Johnson had asked for an Ad Hoc Committee to consider other options for public affairs representation. Mayor Maso, Scott Johnson, and Bob Allen met earlier today and recommend approval of the contract with HillCo. Councilman Johnson asked for a 30 day option for cancellation. Bob Allen moved to approve authorizing the City Manager to execute a contract for public affairs services with HillCo Partners as originally presented. Bart Crowder seconded the motion. Page 8 of 12  Passed Vote: 4 – 1 For: Jeff Cheney, Bob Allen, Bart Crowder, John Keating; Against: Pat Fallon 40. Consider and act upon the adoption of an ordinance establishing a pet license/registration program. (Dev. Services/GC) 10-10-46 Animal Control Administrator Greg Carr addressed Council with a request for a pet registration program. No motion was made and no action was taken. Mayor Maso moved to Citizen Input at 7:48 p.m. 41. Consider and act upon the appointment of one (1) Board Member to the Board of Adjustment/Construction Board of Appeals, representing Alternate "1" position. (CSO/JP) Bob Allen moved to open Nominations. Pat Fallon seconded. Passed Vote: 5 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Bob Allen nominated Bryan Dodson. Jeff Cheney moved to close Nominations. Pat Fallon seconded. Passed Vote: 5 – 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Mayor Maso called for a vote for Bryan Dodson to serve the remainder of the term vacated by Robert Beatty for the Alternate 1 position. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) 42. Discuss and seek direction regarding a tower lease proposal submitted by Page 9 of 12  Capital Telecom for a tower lease site at City of Frisco Public Works facility. (CMO/DF) Assistant to the City Manager Daniel Ford addressed Council concerning a tower lease proposal and asked for direction. After discussion Council directed Mr Ford to come back with more information. “Council indicated that there was no interest at this time to allow the tower lease. 43. Discussion Concerning the Proposed Changes to the Water and Sewer Rates. (CMO/NL) Assistant City Manager Nell Lange presented a request for a 4.2% increase in the total water and sewer rate resulting in an average $3.00 increase. Ms. Lange commented that this increase was a result of the North Texas Municipal Water District increase in rates and additional rates are expected in the next few years. Ms. Lange proposed the increase to take effect January 2011. After discussion, Council directed Ms. Lange to bring back more information at the next meeting. 44. Discussion regarding the possibility of rescheduling the November 2, 2010 City Council Meeting. (PF) Mayor Maso asked for this item to be placed on the agenda because Councilman Pat Fallon suggested that it would be a good idea for Frisco’s Council members to be supportive of County candidates on that night. He proposed moving the meeting to November 1st or 3rd. After discussion, Council asked for this to be brought back to the next meeting with direction to reschedule the meeting for the same day, November 2nd but start at 4:30 p.m. 45. Discussion regarding the possible expansion of the number of members on the Downtown Advisory Board, Housing Authority, Housing Trust Fund Board, Public Art Board, and Urban Forestry Board. (MM) Mayor Maso commented that he felt that the amount of qualified applicants this year prompted him to consider expanding some of the boards and asked for discussion. After favorable discussion, this will be considered again at a later date 46. 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 Page 10 of 12  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) Mayor Maso announced that as a result of closed session, there was no action to take. Bob Allen moved to recess into closed session at 8:28 p.m. to finish business discussed in the previous session. Jeff Cheney seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Pat Fallon moved to reconvene into Regular Session at 9:37 p.m. Jeff Cheney seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) Mayor Maso announced that as a result of closed session, there was no action to take. 47. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda.  Water/Sewer rates.  Tower Leases.  Expanding boards. 48. Discussion on Governance Monitoring of present City Council Meeting. Mayor Pro Tem Cheney gave the Council an A. ADJOURN There being no additional business, Jeff Cheney made motion to Adjourn at 9:40 p.m. Bob Allen seconded the motion. Passed Vote: 5 - 0 Page 11 of 12  For: Jeff Cheney, Bob Allen, Pat Fallon, Bart Crowder, John Keating; Against: (None) (Please note these are preliminary meeting minutes and are not official until approved by the City Council at the next scheduled meeting. Approved/signed minutes are available at http://sire.friscotexas.gov/sirepub/docs.aspx .) _______________________ Maher Maso, Mayor ATTEST: _______________________ Jenny Page, City Secretary Page 12 of 12