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City Council Regular Meeting

Regular Meeting

Frisco, TX · August 6, 2019

AgendaMinutes

Minutes

MEETING OF CITY COUNCIL FRISCO CITY HALL GEORGE A. PUREFOY MUNICIPAL CENTER COUNCIL CHAMBERS 6101 FRISCO SQUARE BLVD. FRISCO, TEXAS 75034 5:00 PM TUESDAY, AUGUST 6, 2019 MINUTES For complete details on each item, please view a video of the meeting on the City of Frisco website. CALL TO ORDER Mayor Jeff Cheney called the meeting to order at 5:01 p.m. with a full quorum present. 1. ROLL CALL Mayor Jeff Cheney Present Mayor Pro-Tem John Keating Present Deputy Mayor Pro-Tem Bill Woodard Present Council Member Shona Huffman Present Council Member Will Sowell Present Council Member Tim Nelson Present Council Member Brian Livingston Present Representing Staff: George Purefoy, City Manager; Henry Hill, Deputy City Manager; Nell Lange, Assistant City Manager; Ben Brezina, Assistant City Manager; Jason Cooley, Assistant to the City Manager; Kristi Morrow, City Secretary; Richard Abernathy, City Attorney; Ryan Pittman, City Attorney; Department Directors, and other Staff members. Page 1 of 16 CLOSED SESSION 2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Council Member Shona Huffman moved to enter recess at 5:03 p.m. Mayor Pro- Tem John Keating seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston 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 update on development-related legislation adopted during the 86th Texas Legislative Session. ii. Receive legal advice regarding PUC Docket No. 46662 pending before the Public Utility Commission of Texas in the case styled Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing the decision by North Texas Municipal Water District affecting wholesale water rates. iii. Receive legal advice regarding platting and zoning issues concerning all or a portion of the real property consisting of 734.8± acres located on the north and south sides of Main Street between Independence Parkway and Custer Road, interpretation of a development agreement dated May 10, 2002 concerning the property and application of parkland dedication ordinance to all or a portion of the property. B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located: i. South of Eldorado Parkway, north of Stonebrook Parkway, west of Preston Road, and east of Legacy Drive. ii. South of Warren Parkway, north of SH 121, east of Legacy Drive, and west of Preston Road. Page 2 of 16 iii. South of US380, north of Panther Creek Parkway, west of Preston Road, east of FM423. 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. Mayor Pro-Tem John Keating moved to reconvene into Regular Session at 7:13 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) INVOCATION Pastor Grant Diamond, one of the founding pastors of Rise Frisco Church, led the invocation. PLEDGE OF ALLEGIANCE Girl Scout Gold Award Winners Bailey Coyle and Kyra Daroona as well as Eagle Scouts Grayson Adams and Benjamin Gamble led the pledges of allegiance to the United States and Texas flags. After the pledges Mayor Jeff Cheney presented Bailey Coyle, Kyra Daroona, Grayson Adams, and Benjamin Gamble with Certificates of Recognition to congratulate them on their accomplishments. PROCLAMATIONS Mayor Jeff Cheney started with Agenda Item #5 and then continued to Agenda Item #4. 4. Jason Jenkins - Recognition for 20 Years of Service Mayor Jeff Cheney recognized Deputy Police Chief Jason Jenkins for 20 years of dedicated service to the Frisco Police Department proclaiming August 6, 2019 as Jason Jenkins Day. Page 3 of 16 5. National Korean War Veterans Armistice Day Mayor Jeff Cheney presented various members of the Frisco VFW with a proclamation honoring July 27, 2019 as National Korean War Veterans Armistice Day. REPORTS 6. Beth Ann Unger - recipient of the Rick Moore Award. Chris Lee, Information Technology Director for the City of Lewisville and TAGITM Board member, presented Beth Ann Unger, Information Services Manager for the City of Frisco, with the prestigious Rick Moore Award. Mayor Jeff Cheney then proceeded to Citizen Input. 7. Financial Services Budget Status Report for June 2019 and GFOA Professional Association Award Recognition for the FY19 Annual Budget Document. Financial Services Director Anita Cothran presented the Financial Services Budget Status Report for June 2019 and the GFOA Professional Association Award Recognition for the FY19 Annual Budget Document. Mrs. Cothran recognized Jenny Hundt, Tanya Anderson, Blaine Morris, and BJ Long, from the City’s Budget Office for their hard work and dedication. She also noted and congratulated them for receiving the Distinguished Budget Presentation Award for the eleventh year in row. 8. Parks and Recreation Monthly Report regarding park and trail development, facilities, special events, and youth development. Assistant Parks and Recreation Director Rick Wieland presented the Parks and Recreation Monthly Report regarding park and trail development, facilities, special events, and youth development. 9. Public Works and Engineering report on activities related to roadways, traffic control and transportation, stormwater drainage, water and wastewater, and solid waste collection. Public Works and Engineering Director Paul Knippel presented the Public Works and Engineering report on activities related to roadways, traffic control and transportation, stormwater drainage, water and wastewater, and solid waste collection. 10. Library Monthly Report regarding Library statistics and activities. Library Director Shelley Holley presented the Library Monthly Report regarding Page 4 of 16 Library statistics and activities. 11. Council Subcommittee reports for current activities of the Legislative, Governance, Budget and Audit Committee, Frisco Square Management District, also including the Dallas Regional Mobility Commission, North Central Texas Emergency Preparedness Committee, Frisco Veterans Advisory Committee, Frisco Public Relations and Messaging Committee, North Texas Commission, and Regional Transportation Council. Council Member Will Sowell mentioned the Regional Transportation Council Meeting for the month of August was cancelled. He then updated Council on the Budget and Audit Committee Meeting held earlier in the day. In the meeting they discussed the challenges that face the City for the 2020 Budget Cycle. Council Member Sowell stated one of the largest challenges will be to continue to provide citizens with the services at the level they expect and at the rate citizens wish to pay for them. Mayor Pro-Tem John Keating reminded Council of the Frisco Veterans Advisory Committee’s upcoming Purple Heart Social taking place on August 23, 2019. He also mentioned the Committee is still accepting online applications for nominations for “Distinguished Veteran of the Year”. CITIZEN INPUT (to begin approximately at 7:30 p.m.) Jill Chatham, 9971 Sugarberry Drive, Frisco, Texas expressed her concerns about hazards and safety issues the increased traffic at the intersection of Legacy and Throne Hall has created. Mrs. Chatham spoke in favor of a traffic light being placed at the intersection. Melissa Clemens, 3136 Appleblossom Drive, Frisco, Texas, was in favor of a traffic light being placed at the intersection of Legacy and Throne Hall Drive but did not wish to speak. Melissa Deaton, 3304 Barkwood Lane, Frisco, Texas, was in favor of a traffic light being placed at the intersection of Legacy and Throne Hall Drive but did not wish to speak. Kristal Haskell, 3371 Leatherwood Drive, Frisco, Texas, was in favor of a traffic light being placed at the intersection of Legacy and Throne Hall Drive but did not wish to speak. Laura Osborne, 10004 Beachwood Drive, Frisco, Texas, was in favor of a traffic light being placed at the intersection of Legacy and Throne Hall Drive but did not wish to speak. Page 5 of 16 Jill Hornback, 10076 Beachwood Drive, Frisco, Texas, was in favor of a traffic light being placed at the intersection of Legacy and Throne Hall Drive but did not wish to speak. Public Works and Engineering Director Paul Knippel came forward to update Council that the City has already moved forward with the plan for a traffic light at Legacy and Throne Hall Drive intersection. He stated they are hoping to accelerate their current timeline for the design and construction of the stop light. Susan Stutsman, 568 El Camino Drive, Frisco, Texas, spoke regarding Short- Term Rentals within residential areas of the City of Frisco and the negative effects these rentals may have on neighborhoods. Mayor Jeff Cheney informed Mrs. Stutsman that conversations between City Council and City Staff had already taken place. Council and staff are continuing to evaluate and discuss how to handle and proceed with Short-Term Rentals within the City of Frisco. Sherrie Salas, 498 Point Loma Drive, Frisco, Texas, expressed her concerns over criminal activities and the loss of tourism tax income on Short Term Rentals. After Citizen Input Mayor Cheney returned to Agenda Item #7. 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.) Deputy Mayor Pro-Tem Bill Woodard moved to approve Consent Agenda Items #12 through #31. Council Member Tim Nelson seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 12. Consider and act upon the approval of Minutes. (CSO/KM) A. Consider and act upon the approval of the June 27, 2019 City Council Summer Work Session Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the July 2, 2019 Regular City Page 6 of 16 Council Meeting Minutes. (CSO/KM) 13. Consider and act upon the approval of the attached reimbursement request presented to the Mayor and Council Members. (CMO/HM) 14. Consider and act upon the release of property from agreement for Victory Shops at Hillcrest, LLC. (CMO/JC) 15. Consider and act upon First Amendment to that certain Master Development Agreement by and between the City of Frisco, Texas, Frisco Economic Development Corporation, Frisco Community Development Corporation, and the University of North Texas dated May 1, 2018. (CMO/RP) 16. A request to call a public hearing to consider possible amendments to the Zoning Ordinance and the Subdivision Ordinance to establish and modify certain development review processes and timelines, and to make further necessary revisions in response to new legislation passed by the Texas Legislature during the most recent legislative session, including House Bill 3167. Zoning Case No. ZA19-0004 and SA19-0001. (Development Services/MS) 17. Consider and act upon award of bid to Stoic Civil Construction and authorizing the City Manager to execute a Standard Form Agreement for Construction Services of the Powder Horn Lane Retaining Wall Repair (Bid No. 1904-077) and authorizing construction phase contingencies. (Engineering/WJ) 18. Consider and act upon award of bid to Excel Trenching and authorizing the City Manager to execute a Standard Construction Contract for Upper Reuse 24-Inch Pipeline, Phase 1 (Bid No. 1905-079) and authorizing construction phase contingencies. (Engineering/SH) 19. Consider and act upon authorizing the City Manager to execute Amendment Number One to the Professional Services Agreement by and between the City of Frisco and CP&Y, Inc., for the design and preparation of construction documents for Coit Road Widening (Main Street to SH 121). (Engineering/MM) 20. Consider and act upon authorizing the City Manager to execute a Mitigation Credit Sales Agreement for Individual Permit (SWF-2018-00499) mitigation by and between the City of Frisco and the Bunker Sands Mitigation Bank for the construction of the Legacy Lift Station. (Eng/SH) 21. Review and acceptance of the Quarterly Investment Report for the period of April 1, 2019 - June 30, 2019. (Financial Services/BP) 22. Consider and act upon a Resolution approving the City of Frisco Community Development Block Grant Annual Action Plan 2019, a grant application to the Page 7 of 16 U.S. Department of Housing and Urban Development, authorizing the submission of the grant application by the City Manager or his designee. (Financial Services/JH) RESOLUTION 19-08-25R 23. Consider and act upon approving a mutual aid agreement for law enforcement purposes along areas of FM 423. (Police/DS) 24. Consider and act upon authorizing the City Manager to execute a Standard Form Agreement for Construction Services for Preston Manor Addition PH 1 Wastewater Improvements, Cottonwood Creek Wastewater Crossing, and Wastewater MH Rehabilitation from Presidio Drive to Meadow Hill Road. (Bid No. 1905-090). (Public Works/DLC) 25. Consider and act upon approval of a purchase order increase to Consolidated Traffic Controls, Inc., for the purchase of traffic signal equipment during FY 2019. (Administrative Services/DF) 26. Consider and act upon approval of purchase orders to AJR Media Group for the purchase of advertising for the Convention and Visitors Bureau during FY 2019. (CVB/DF) 27. Consider and act upon approval of a purchase order to Motorola Solutions, Inc., for the purchase of radio communication and console equipment for the Fire Department. (Fire/DF) 28. Consider and act upon award of best value bid #1905-082 Cooperative Bid for Fire Department Uniforms to Galls, LLC, and GT Distributors. (Fire/DF) 29. Consider and act upon ratification of purchase orders to Network Cabling Service, Netsync Network Solutions, and Dell for the purchase of equipment, labor, and materials to complete data network and cabling at The Grove at Frisco Commons. (IT/DF) 30. Consider and act upon approval authorizing the City Manager to execute an agreement with The Broussard Group, Inc., for professional design services related to a Park located in Frisco Square. (Parks & Recreation/DF) 31. 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 Subsection 6.19 of the Zoning Ordinance and/or Section 4.02 of the Subdivision Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or plat. Any written notice of appeal must be submitted to Development Services. (Development Services) LEGISLATIVE AGENDA (These items may legally require Council Action, but by Council Policy should be the City Manager's responsibility. Page 8 of 16 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.) Deputy Mayor Pro-Tem Bill Woodard moved to approve Legislative Agenda Items #32 through # 39. Mayor Pro-Tem John Keating seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 32. Consider and act upon adoption of an Ordinance to amend Ordinance No. 01- 01-05 consisting of 10.8± acres on the south side of King Road, 1,800± feet west of Witt Road ("Property"), and to amend the Zoning Ordinance (Ordinance No. 11-04-09, as amended) and to rezone the property from Single Family-10 to Planned Development-Patio Home. Zoned Single Family-10. Neighborhood #43. Zoning Case No. Z19-0002. (Development Services/JH) ORDINANCE 19- 08-60 33. Consider and act upon adoption of an Ordinance for a Specific Use Permit for a Private School on two lots on 31.8± acres on the south side of Stonebrook Parkway, 1,100± feet east of Legacy Drive. Zoned Planned Development-96- Patio Home, Patio Home, and Agricultural with a Specific Use Permit (S-121) for a Private School. Neighborhood #22. Zoning Case No. SUP19-0007. (Development Services/AM) ORDINANCE 19-08-61 34. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Major Nursery on one lot on 5.5± acres on the east side of Preston Road, 1,400± feet south of Lebanon Road. Zoned Commercial-1 with a Specific Use Permit (S-178) for a Major Nursery. Neighborhood #29. Specific Use Permit Case No. SUP19-0003. (Development Services/AL) ORDINANCE 19-08-62 35. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for the operation of Private Athletic Fields on 27.0± acres, on the north side of Gaylord Parkway, 445± feet east of Ohio Drive. Zoned Planned Development-238-Patio Home/Multifamily with a Specific Use Permit (S-145) for the operation of Private Athletic Fields. Neighborhood #29. Specific Use Permit Case No. SUP19-0004. (Development Services/AL) ORDINANCE 19-08-63 36. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Commercial Antenna on one lot on 1.7± acres, 1,400± feet east of Teel Parkway, 1,000± feet north of Panther Creek Parkway, Zoned Single Family-7 with a Specific Use Permit (S-181) for a Commercial Antenna. Page 9 of 16 Neighborhood #52. Specific Use Permit Case No. SUP19-0011. (Development Services/AL) ORDINANCE 19-08-64 37. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Licensed Massage Establishment on a portion of one lot on 0.1± acre, 390± feet east of Preston Road, 650± feet south of Lebanon Road. Zoned Commercial-1 with a Specific Use Permit for a Licensed Massage Establishment (S-82). Neighborhood #29. Specific Use Permit Case No. SUP19-0015. (Development Services/AL) ORDINANCE 19-08-65 38. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Church on three lots on 15.5± acres on the west side of Coit Road, 260± feet north of Lebanon Road. Zoned Planned Development-19- Commercial-1 with a Specific Use Permit for a Church (S-69). Neighborhood #25. Specific Use Permit Case No. SUP19-0016. (Development Services/AL) ORDINANCE 19-08-66 39. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Parking Structure (greater than 48-feet in height) on a portion of one lot on 5.5± acres on the northeast corner of Church Street and Page Street. Zoned Planned Development-153-Mixed Use with a Specific Use Permit for a Parking Structure (S-188). Neighborhood #21. Specific Use Permit Case No. SUP19-0018. (Development Services/AL) ORDINANCE 19-08-67 REGULAR AGENDA 40. Public Hearing: A request for a Specific Use Permit for a Church on one lot on 14.2± acres on the northwest corner of Briar Ridge Road and Eldorado Parkway, and to consider to direct Staff to prepare an Ordinance of the same. Zoned Agricultural. Neighborhood #48. Zoning Case No. SUP18-0016. (Development Services/AM) Council Member Shona Huffman moved to open the public hearing. Council Member Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Matt Duenwald, 6160 Warren Parkway, Frisco, Texas, of Kimley-Horn and Associates, was present to speak in favor of the project and answer any questions. Page 10 of 16 Deputy Mayor Pro-Tem Bill Woodard moved to close the public hearing. Council Member Shona Huffman seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Shona Huffman moved to approve a request for a Specific Use Permit for a Church on one lot on 14.2± acres on the northwest corner of Briar Ridge Road and Eldorado Parkway and to consider to direct Staff to prepare an Ordinance of the same. Zoned Agricultural. Neighborhood #48. Zoning Case No. SUP18-0016. Mayor Pro-Tem John Keating seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 41. Public Hearing: A request to amend Ordinance No. 04-03-18 consisting of 4.1± acres on the east side of Dallas North Tollway, 350± feet north of Technology Drive ("Property"), to amend the Zoning Ordinance (Ordinance No.11-04-09, as amended) and to rezone the property from Commercial-1 to Office-2, and to consider to direct Staff to prepare an Ordinance of the same. Zoned Commercial-1. Neighborhood #46. Zoning Case No. Z19-0008. (Development Services/AL) Deputy Mayor Pro-Tem Bill Woodard moved to open the public hearing. Mayor Pro-Tem John Keating seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) David Bond, 765 Custer Road, Plano, Texas, with Spiars Engineering was Page 11 of 16 present to speak in favor of the project and answer any questions. Deputy Mayor Pro-Tem Bill Woodard moved to close the public hearing. Council Member Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Recess into Closed Session in compliance with Section 551.071 et. seq. Texas Government Code, to wit; Council Member Will Sowell moved to enter recess at 8:10 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Council Member Will Sowell moved to reconvene into Regular Session at 8:14 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. As a result of the Closed Session, there was no action to take. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Will Sowell moved to table Agenda Item #41 until the September 17, 2019 City Council Meeting. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Page 12 of 16 Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 42. Consider and act upon the approval of the update to the Hike and Bike Master Plan and incorporate into the City’s Comprehensive Plan, and to consider to direct Staff to prepare an Ordinance of the same. Comprehensive Plan Amendment No. CA19-0001. Tabled 5/21/2019. (Development Services/AS) Deputy Mayor Pro-Tem Bill Woodard moved to removed Item from the table. Council Member Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Robert Skinner, 12944 Railhead Court, Frisco, Texas, spoke in opposition of the Hike and Bike Master Plan. He expressed that he did not oppose the overall plan but had concerns about the trails going through a private gated community. Deputy Mayor Pro-Tem Bill Woodard moved to approve the update to the Hike and Bike Master Plan and incorporate into the City’s Comprehensive Plan, and to consider to direct Staff to prepare an Ordinance of the same. Comprehensive Plan Amendment No. CA19-0001. Council Member Tim Nelson seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 43. Consider and act upon Acceptance of the Certification of Anticipated Collection Rate and Excess Collections. (Financial Services/JH) Council Member Will Sowell moved to approve Acceptance of the Certification of Anticipated Collection Rate and Excess Collections. Deputy Mayor Pro-Tem Page 13 of 16 Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 44. Consider and act upon Resolution adopting the Fiscal Year 2020 Certified Appraisal Roll for Tax Year 2019. (Financial Services/JH) RESOLUTION 19-08- 26R Council Member Will Sowell moved to approve a Resolution adopting the Fiscal Year 2020 Certified Appraisal Roll for Tax Year 2019. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 45. Consider and approve the Effective Tax Rate Calculation for the Fiscal Year 2020 - Tax Year 2019. (Financial Services/JH) Council Member Will Sowell moved to approve the Effective Tax Rate Calculation for the Fiscal Year 2020 - Tax Year 2019. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 46. Consider and act upon a Resolution calling for a Public Hearing on the City of Frisco FY2020 Budget, Frisco Economic Development Corporation FY2020 Budget, and Frisco Community Development Corporation FY2020 Budget. (Financial Services/JH) RESOLUTION 19-08-27R Deputy Mayor Pro-Tem Bill Woodard moved to approve a Resolution calling for Page 14 of 16 a Public Hearing on the City of Frisco FY2020 Budget, Frisco Economic Development Corporation FY2020 Budget, and Frisco Community Development Corporation FY2020 Budget. Council Member Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Recess into Closed Session in compliance with Section 551.071 et. seq. Texas Government Code, to wit; Mayor Pro-Tem John Keating moved to enter recess at 8:39 p.m. Council Member Tim Nelson seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Council Member Will Sowell moved to reconvene into Regular Session at 9:27 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. As a result of the Closed Session there was no action to take. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 47. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. Item #41 was tabled until the September 17, 2019 Regular City Council Meeting. Page 15 of 16 Continue discussions on Short Term Rentals. 48. Discussion on Governance Monitoring of present City Council Meeting. Mayor Jeff Cheney was responsible for the Governance Monitoring for this City Council Meeting and gave Council an “A”. He indicated the meeting moved quickly despite of today’s busy executive session. ADJOURN Mayor Pro-Tem John Keating moved to adjourn at 9:28 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Approved this 20th day of August 2019. _______________________ Jeff Cheney, Mayor ATTEST: _______________________ Kristi Morrow, City Secretary Please note these are preliminary results and are not official until approved at the next scheduled meeting. Approved/signed minutes are available at https://agenda.friscotexas.gov/OnBaseAgendaOnline/. Page 16 of 16

Agenda

MEETING OF CITY COUNCIL FRISCO CITY HALL GEORGE A. PUREFOY MUNICIPAL CENTER COUNCIL CHAMBERS 6101 FRISCO SQUARE BLVD. FRISCO, TEXAS 75034 5:00 PM TUESDAY, AUGUST 6, 2019 AGENDA CALL TO ORDER 1. ROLL CALL CLOSED SESSION 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 update on development-related legislation adopted during the 86th Texas Legislative Session. ii. Receive legal advice regarding PUC Docket No. 46662 pending before the Public Utility Commission of Texas in the case styled Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. iii. Receive legal advice regarding platting and zoning issues concerning all or a portion of the real property consisting of 734.8± acres located on the north and south sides of Main Street between Page 1 of 8 Independence Parkway and Custer Road, interpretation of a development agreement dated May 10, 2002 concerning the property and application of parkland dedication ordinance to all or a portion of the property. B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located: i. South of Eldorado Parkway, north of Stonebrook Parkway, west of Preston Road and east of Legacy Drive. ii. South of Warren Parkway, north of SH 121, east of Legacy Drive and west of Preston Road. iii. South of US380, north of Panther Creek Parkway, west of Preston Road, east of FM423. 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. INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATIONS 4. Jason Jenkins - Recognition for 20 Years of Service 5. National Korean War Veterans Armistice Day REPORTS 6. Beth Ann Unger - recipient of the Rick Moore Award. 7. Financial Services Budget Status Report for June 2019 and GFOA Professional Association Award Recognition for the FY19 Annual Budget Document 8. Parks and Recreation Monthly Report regarding Park and Trail Development, Facilities, Special Events, and Youth Development. 9. Public Works and Engineering report on activities related to roadways, traffic control and transportation, stormwater drainage, water and wastewater, and solid waste collection. Page 2 of 8 10. Library Monthly Report regarding Library statistics and activities. 11. Council Subcommittee reports for current activities of the Legislative, Governance, Budget and Audit Committee, Frisco Square Management District, also including the Dallas Regional Mobility Commission, North Central Texas Emergency Preparedness Committee, Frisco Veterans Advisory Committee, Frisco Public Relations and Messaging Committee, North Texas Commission and Regional Transportation Council. CITIZEN INPUT (to begin approximately at 7:30 p.m.) 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.) 12. Consider and act upon the approval of Minutes. (CSO/KM) A. Consider and act upon the approval of the June 27, 2019 City Council Summer Work Session Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the July 2, 2019 Regular City Council Meeting Minutes. (CSO/KM) 13. Consider and act upon the approval of the attached reimbursement request presented to the Mayor and Council Members. (CMO/HM) 14. Consider and act upon the release of property from agreement for Victory Shops at Hillcrest, LLC. (CMO/JC) 15. Consider and act upon First Amendment to that certain Master Development Agreement by and between the City of Frisco, Texas, Frisco Economic Development Corporation, Frisco Community Development Corporation and the University of North Texas dated May 1, 2018. (CMO/RP) 16. A request to call a public hearing to consider possible amendments to the Zoning Ordinance and the Subdivision Ordinance to establish and modify certain development review processes and timelines, and to make further necessary revisions in response to new legislation passed by the Texas Legislature during the most recent legislative session, including House Bill 3167. Zoning Case No. ZA19-0004 and SA19-0001. (Development Services/MS) 17. Consider and act upon award of bid to Stoic Civil Construction and authorizing the City Manager to execute a Standard Form Agreement for Construction Page 3 of 8 Services of the Powder Horn Lane Retaining Wall Repair (Bid No. 1904-077) and authorizing construction phase contingencies. (Engineering/WJ) 18. Consider and act upon award of bid to Excel Trenching and authorizing the City Manager to execute a Standard Construction Contract for Upper Reuse 24-Inch Pipeline, Phase 1 (Bid No. 1905-079) and authorizing construction phase contingencies. (Engineering/SH) 19. Consider and act upon authorizing the City Manager to execute Amendment Number One to the Professional Services Agreement by and between the City of Frisco and CP&Y, Inc., for the design and preparation of construction documents for Coit Road Widening (Main Street to SH 121). (Engineering/MM) 20. Consider and act upon authorizing the City Manager to execute a Mitigation Credit Sales Agreement for Individual Permit (SWF-2018-00499) mitigation by and between the City of Frisco and the Bunker Sands Mitigation Bank for the construction of the Legacy Lift Station. (Eng/SH) 21. Review and acceptance of the Quarterly Investment Report for the period of April 1, 2019 - June 30, 2019. (Financial Services/BP) 22. Consider and act upon a Resolution approving the City of Frisco Community Development Block Grant Annual Action Plan 2019, a grant application to the U.S. Department of Housing and Urban Development, authorizing the submission of the grant application by the City Manager or his designee. (Financial Services/JH) 23. Consider and Act upon approving a mutual aid agreement for law enforcement purposes along areas of FM 423. (Police/DS) 24. Consider and act upon authorizing the City Manager to execute a Standard Form Agreement for Construction Services for Preston Manor Addition PH 1 Wastewater Improvements, Cottonwood Creek Wastewater Crossing, and Wastewater MH Rehabilitation from Presidio Drive to Meadow Hill Road. (Bid No. 1905-090) (Public Works/DLC) 25. Consider and act upon approval of a purchase order increase to Consolidated Traffic Controls, Inc., for the purchase of traffic signal equipment during FY 2019. (Administrative Services/DF) 26. Consider and act upon approval of purchase orders to AJR Media Group for the purchase of advertising for the Convention and Visitors Bureau during FY 2019. (CVB/DF) Page 4 of 8 27. Consider and act upon approval of a purchase order to Motorola Solutions, Inc., for the purchase of radio communication and console equipment for the Fire Department. (Fire/DF) 28. Consider and act upon award of best value bid #1905-082 Cooperative Bid for Fire Department Uniforms to Galls, LLC, and GT Distributors. (Fire/DF) 29. Consider and act upon ratification of purchase orders to Network Cabling Service, Netsync Network Solutions, and Dell for the purchase of equipment, labor, and materials to complete data network and cabling at The Grove at Frisco Commons. (IT/DF) 30. Consider and act upon approval authorizing the City Manager to execute an agreement with The Broussard Group, Inc., for professional design services related to a Park located in Frisco Square. (Parks & Recreation/DF) 31. 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 Subsection 6.19 of the Zoning Ordinance and/or Section 4.02 of the Subdivision Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or plat. Any written notice of appeal must be submitted to Development Services. (Development Services) 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.) 32. Consider and act upon adoption of an Ordinance to amend Ordinance No. 01- 01-05 consisting of 10.8± acres on the south side of King Road, 1,800± feet west of Witt Road ("Property"), and to amend the Zoning Ordinance (Ordinance No. 11-04-09, as amended) and to rezone the property from Single Family-10 to Planned Development-Patio Home. Zoned Single Family-10. Neighborhood #43. Zoning Case No. Z19-0002. (Development Services/JH) 33. Consider and act upon adoption of an Ordinance for a Specific Use Permit for a Private School on two lots on 31.8± acres on the south side of Stonebrook Parkway, 1,100± feet east of Legacy Drive. Zoned Planned Development-96- Patio Home, Patio Home, and Agricultural with a Specific Use Permit (S-121) for a Private School. Neighborhood #22. Zoning Case No. SUP19-0007. (Development Services/AM) 34. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Major Nursery on one lot on 5.5± acres on the east side of Preston Road, 1,400± feet south of Lebanon Road. Zoned Commercial-1 with a Specific Page 5 of 8 Use Permit (S-178) for a Major Nursery. Neighborhood #29. Specific Use Permit Case No. SUP19-0003. (Development Services/AL) 35. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for the operation of Private Athletic Fields on 27.0± acres, on the north side of Gaylord Parkway, 445± feet east of Ohio Drive. Zoned Planned Development-238-Patio Home/Multifamily with a Specific Use Permit (S-145) for the operation of Private Athletic Fields. Neighborhood #29. Specific Use Permit Case No. SUP19-0004. (Development Services/AL) 36. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Commercial Antenna on one lot on 1.7± acres, 1,400± feet east of Teel Parkway, 1,000± feet north of Panther Creek Parkway, Zoned Single Family-7 with a Specific Use Permit (S-181) for a Commercial Antenna. Neighborhood #52. Specific Use Permit Case No. SUP19-0011. (Development Services/AL) 37. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Licensed Massage Establishment on a portion of one lot on 0.1± acre, 390± feet east of Preston Road, 650± feet south of Lebanon Road. Zoned Commercial-1 with a Specific Use Permit for a Licensed Massage Establishment (S-82). Neighborhood #29. Specific Use Permit Case No. SUP19-0015. (Development Services/AL) 38. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Church on three lots on 15.5± acres on the west side of Coit Road, 260± feet north of Lebanon Road. Zoned Planned Development-19- Commercial-1 with a Specific Use Permit for a Church (S-69). Neighborhood #25. Specific Use Permit Case No. SUP19-0016. (Development Services/AL) 39. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Parking Structure (greater than 48-feet in height) on a portion of one lot on 5.5± acres on the northeast corner of Church Street and Page Street. Zoned Planned Development-153-Mixed Use with a Specific Use Permit for a Parking Structure (S-188). Neighborhood #21. Specific Use Permit Case No. SUP19-0018. (Development Services/AL) REGULAR AGENDA 40. Public Hearing: A request for a Specific Use Permit for a Church on one lot on 14.2± acres on the northwest corner of Briar Ridge Road and Eldorado Parkway and to consider to direct Staff to prepare an Ordinance of the same. Zoned Agricultural. Neighborhood #48. Zoning Case No. SUP18-0016. (Development Services/AM) Page 6 of 8 41. Public Hearing: A request to amend Ordinance No. 04-03-18 consisting of 4.1± acres on the east side of Dallas North Tollway, 350± feet north of Technology Drive ("Property"), to amend the Zoning Ordinance (Ordinance No.11-04-09, as amended) and to rezone the property from Commercial-1 to Office-2 and to consider to direct Staff to prepare an Ordinance of the same. Zoned Commercial-1. Neighborhood #46. Zoning Case No. Z19-0008. (Development Services/AL) 42. Consider and act upon the approval of the update to the Hike and Bike Master Plan and incorporate into the City’s Comprehensive Plan, and to consider to direct Staff to prepare an Ordinance of the same. Comprehensive Plan Amendment No. CA19-0001. Tabled 5/21/2019. (Development Services/AS) 43. Consider and Act Upon Acceptance of the Certification of Anticipated Collection Rate and Excess Collections. (Financial Services/JH) 44. Consider and Act Upon Resolution Adopting the Fiscal Year 2020 Certified Appraisal Roll for Tax Year 2019. (Financial Services/JH) 45. Consider and Approve the Effective Tax Rate Calculation for the Fiscal Year 2020 - Tax Year 2019. (Financial Services/JH) 46. Consider and Act Upon a Resolution Calling for a Public Hearing on the City of Frisco FY2020 Budget, Frisco Economic Development Corporation FY2020 Budget and Frisco Community Development Corporation FY2020 Budget. (Financial Services/JH) 47. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. 48. Discussion on Governance Monitoring of present City Council Meeting. ADJOURN CERTIFICATION Henry J. Hill, Deputy City Manager, certifies that this Notice of Meeting was posted on the outside bulletin board, at the George A. Purefoy Municipal Center of the City of Frisco, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on the following date and time: By Friday, August 2, 2019 at 7:00 PM and remained so posted at least 72 hours before meeting was convened. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Page 7 of 8 Texas Government Code Section: § 551.071 – Private consultation with the attorney for the City. § 551.072 – Discussing purchase, exchange, lease or value of real property. § 551.074 – Discussing personnel or to hear complaints against personnel. NOTICE Pursuant to City of Frisco Ordinance Number 01-04-29 all speakers other than City of Frisco Staff are limited to five (5) minutes per item except by prior consent of the City Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS The George A. Purefoy Municipal Center is wheelchair accessible. Access to the building and special parking are available at the primary north entrance facing Frisco Square Blvd. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s Office at (972) 292-5025 or by FAX (972) 292-5028. BRAILLE IS NOT AVAILABLE. Date Removed: _____________________________ Removed By: ______________________________ Page 8 of 8

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