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 19, 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 5:30 p.m. 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; Development Services Director, John Lettelleir; Fire Chief, Mack Borchardt; Police Chief, Todd Renshaw and Public Works Director, Gary Hartwell. CLOSED SESSION Page 1 of 9 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 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). 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. iv. Receive legal advice regarding a possible amendment of the lease and development agreements with the Museum of the American Railroad. 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 Preston 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. Bob Allen moved to recess into Closed Session at 5:37 p.m. in compliance with Section 551.001 et. seq. Texas Government Code, to wit;. John Keating seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 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 6:34 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) Page 2 of 9  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 Staley Middle School National Junior Honor Society Officers and Student Council Officers led the audience in the United States and Texas Pledge of Allegiance. PROCLAMATIONS Mayor Maso continued with Red Ribbon Week since students from Staley Middle School were on the stage. 4. Bob Shaver - Frisco Square Mayor Maso proclaimed October 19, 2010 as "Bob Shaver" Day for his commitment to the success of Frisco Square and his many other accomplishments and contributions to the community. Joining him on stage was Jeff Trykoski who nominated him for the proclamation and worked with him to promote Frisco Square at Christmas as one of the biggest light shows in North Texas. Mayor Maso moved to Reports. 5. Breast Cancer Awareness Month Mayor Maso proclaimed October 2010 as "Breast Cancer Awareness" Month. Accepting the proclamation was Cancer Survivor JoNell Moffett-Prince and friend and advocate Gwen Sanders. Ms. Prince presented Council with an autographed bottle of Gatorade and thanked them for their support of Breast Cancer Awareness. Mayor Maso continued with proclamation for Bob Shaver. 6. Red Ribbon Week Mayor Maso proclaimed October 25th thru 29th, 2010 as Red Ribbon Week. Staley Middle School National Junior Honor Society and Student Council Officers were present to accept the Proclamation. Mayor Maso then moved to Breast Cancer Awareness Month. Page 3 of 9 REPORTS 7. CVB September report on definite bookings, projected economic impact and in- kind media values. Henry Hill reported on the CVB September definite bookings, projected economic impact and in-kind media values. 8. Development Services September 2010 Report on Building Inspection, Code Enforcement, Animal Control, development, and training activities John Lettelleir presented Development Services' September 2010 Report on Building Inspection, Code Enforcement, Animal Control, development and training activities. Mr. Lettelleir commented on a recent training program sponsored by the Building Inspection department to help local contractor’s understand what City Inspectors would be looking for. 9. Fire Department Monthly Report on Incident Response and Educational Activities (FIRE) Fire Chief, Mack Borchardt, presented the Fire Department September 2010 Monthly Report on Incident Response and Educational Activities. Chief Borchardt also reported that the department took the Command Truck to Plano for a demonstration of the Truck and the SAFER program, the Fire Clowns presented safety programs in local schools, and Trick-or-Treat at Safety Town this coming Friday night. 10. Police Department's report on crime statistics and response times for the month of September 2010 Police Chief, Todd Renshaw, presented the September 2010 report on crime statistics and response times. 11. Public Works Report on Water Usage and Other Monthly Activities Public Works Director Gary Hartwell presented the September 2010 Monthly Report for Water Usage and other Monthly Activities. Mayor Maso continued with 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 recognized Boy Scout Troop 5187 who was attending tonight’s Page 4 of 9  meeting for a merit badge and continued with Item 23. 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.) Bob Allen moved to pull Item 20 from the Consent 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) Jeff Cheney moved to approve the Consent Agenda Items 12-19. 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 commented that in regard to Item 20, he was in opposition of changing the time of the November 2, 2010 meeting just because it was Election Day. Jeff Cheney moved to approve Item 20. John Keating seconded the motion. Passed Vote: 5 - 1 For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen 12. Consider and act upon approval of the Minutes from the August 31, 2010 P&Z Board Interviews, September 01, 2010 CDC Board Interviews, September 02, 2010 CDC and EDC Board Interviews, September 13, 2010 Meet & Greet Special City Council Meeting and the October 05, 2010 Regular City Council Meeting (CSO/JP) 13. Consider and act upon approval of a temporary water service agreement between the City of Frisco and the Town of Little Elm, Texas. (PW/GH) Page 5 of 9 14. Consider and act upon adoption of a Resolution authorizing the City Manager to execute a Professional Services Agreement by and between the City of Frisco and Spiars Engineering, Inc. to perform Design, Bid Package Preparation, and Construction Administration Services for Sanctuary Drive Roadway Improvements (Peaceful Lane to Rogers Road ) (Engineering/TF) 10-10-152R 15. Consider and act upon adoption of a Resolution accepting modification to a previously approved 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/PK). 10-10-153R 16. Consider and act upon award of bid to Insituform Technologies, Inc. and act upon a Resolution authorizing the City Manager to execute a Standard Construction Contract for the Preston North Addition Offsite Sanitary Sewer Improvements, Bid No. 1009 061 (Engineering/DLC) 10-10-154R 17. Consider and act upon approval of purchase order to Sigma Solutions, Inc., for the purchase of NetApp SAN/NAS storage controller upgrades, through the State of Texas Department of Information Resources (DIR) contract. (IT/TJ) 18. Consider and act upon approval of a change order to Martin Apparatus, Inc. for the purchase of specialized rescue and firefighting equipment to be included with the Pierce Velocity 100’ Aerial Platform Ladder Truck. (Fire/TJ) 19. Consider and Act Upon Approval of a Resolution Adopting the 2010 Official Tax Roll as Certified by the Tax Assessor-Collector of Collin County with the Amount of Tax Affixed to Each Account. (CMO/NL) 10-10-155R 20. Consider and Act Upon an Ordinance Resetting the Start time of the November 2, 2010 Regular City Council Meeting. (CSO/JP) 10-10-47 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.) Bart Crowder moved to approve the Legislative Agenda. Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Page 6 of 9  Crowder, John Keating; Against: (None) 21. Consider and act upon adoption of an Ordinance for a Specific Use Permit to allow a Child Day Care Center on one lot on 1.6± acre on the east side of Legacy Drive, 450± feet south of Avon Lane. Zoned Planned Development- 181-Commercial-1/Office-2. Neighborhood #46. SUP10-0003. (Development Services/RC) 10-10-45 REGULAR AGENDA 22. Consider and act upon an ordinance to regulate the operation of golf carts on public streets within the city limits of Frisco and providing a penalty for the violation of this ordinance and an effective date. (Police/TR) 10-10-49 Chief Todd Renshaw recapped information presented several weeks ago in regard to the operation of golf carts on public streets and presented an Ordinance as directed by Council. Chief Renshaw asked that Item A be deleted from the ordinance which would allow for operation only during daylight hours. He also asked for clarification of 30 or 35 mph on public streets. Citizens who spoke in opposition of Item A: A. C. Toby Richesin, 603 Pine Hills Dr., Frisco, Texas Citizens in opposition of Item A but declined to speak: Gary Brauer, 448 Pine Hills Dr., Frisco, Texas Richard Hickman, 7404 Pasatiempo Dr., Frisco, Texas Paul W. McGahen, 7353 Saint Petersburg Dr., Frisco, Texas Lawrence M. Busch, 571 Pine Hills Dr., Frisco, Texas Terry Eck, 987 Nickland Cr, Frisco, Texas Scott Johnson moved to approve an ordinance to regulate the operation of golf carts on public streets within the city limits of Frisco with the amendment of deleting Item A that specifies the time of day requirements, limiting speed to 35 mph or below, allowing both gas and electric vehicles, stipulating the public safety exception, and providing a penalty for the violation of this ordinance and an effective date. Pat Fallon seconded the motion. Passed Vote: 5 - 1 Page 7 of 9  For: Jeff Cheney, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: Bob Allen 23. Consider and Act Upon Approval of an Ordinance Amending Ordinance Nos. 06-11-119 and 10-01-03, Section 3 (Water Service Charges) and Section 4 (Sanitary Sewer Charges). (CMO/NL) 10-10-50 Nell Lange presented an ordinance and asked for approval with changes discussed at the last meeting. Bart Crowder moved to approve an Ordinance amending Ordinance Nos. 06- 11-119 and 10-01-03, Section 3 (Water Service Charges) and Section 4 (Sanitary Sewer Charges). Bob Allen seconded the motion. Passed Vote: 6 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, Bart Crowder, John Keating; Against: (None) 24. 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. Bob Allen asked about the 4-0 vote counts on several cases and asked why the low vote count. Mr. Lettelleir responded that there was a quorum present and a couple of commissioners had to step down due to a conflict. Bart Crowder also expressed concern. Bob Allen moved to recess into Closed Session at 7:38 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) Pat Fallon moved to reconvene into Regular Session at 9:16 p.m. Bob Allen seconded the motion. (Bart Crowder left the Closed Session at 8:16 p.m.) Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, John Page 8 of 9  Keating; Against: (None) 25. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. There were no items requiring action by Staff. 26. Discussion on Governance Monitoring of present City Council Meeting. Mayor Maso gave the Council a B since Closed Session was rather long compared to the short agenda. ADJOURN Jeff Cheney moved to Adjourn at 9:21 p.m. Pat Fallon seconded the motion. Passed Vote: 5 - 0 For: Jeff Cheney, Bob Allen, Pat Fallon, Scott Johnson, John Keating; Against: (None) These Minutes were approved by Council at the 11-02-2010 City Council Meeting. Approved/signed minutes are available at http://sire.friscotexas.gov/sirepub/docs.aspx .) Page 9 of 9