City Council Regular Meeting

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 20, 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 5:19 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 13 CLOSED SESSION 2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Mayor Pro-Tem John Keating moved to enter recess at 5:21 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) 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 from the City Attorney regarding the “meet and confer” law applicable to fire employees. ii. Receive legal advice from the City Attorney regarding a proposed hike and bike easement or license agreement. iii. 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. iv. Receive legal advice regarding adoption of a Resolution to recognize the designation of places and areas as historically, culturally, and/or architecturally important and significant through the adoption of Planned Development Districts, Specific Use Permits, and Overlay Districts before April 1, 2019. B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located: i. South of Warren Parkway, north of SH 121, east of Legacy Drive, and west of Preston Road. ii. South of US380, north of Panther Creek Parkway, west of Preston Road, and 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. Page 2 of 13 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 7:17 p.m. 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) As a result of Closed Session, there was no action to take. INVOCATION Pastor James Hutchins, senior pastor of New Life Community Church in Frisco, led the invocation. PLEDGE OF ALLEGIANCE Boy Scout Troop 51 of Frisco, led the pledges to the United States and Texas flags. PROCLAMATIONS 4. Frisco Flyers 11 Recognition for Winning USA Volleyball National Championship Mayor Jeff Cheney presented a proclamation to the Frisco Flyers 11 Rox - Alex team in honor of them winning the USA Volleyball Girls Junior National Championship. The proclamation recognized them for their efforts, determination, and outstanding season by proclaiming August 20, 2019 as Frisco Flyers 11 Rox - Alex Day. REPORTS 5. Award of CoServ Capital Credit Check. Tracee Elrod, from CoServ Electric presented the City with a CoServ Capital Credit Check in the amount of $101,860.99. Mayor Jeff Cheney then proceeded to Citizen Input. Page 3 of 13 6. Presentation of Plaques, Carter BloodCare Battle of the Badges. Susan Holt, representing Carter BloodCare of Texas presented Fire Chief Mark Piland with a plaque recognizing the Fire Department as winners of the Battle of the Badges Blood Drive for 2019. She also retroactively presented Interim Police Chief Greg Ward with the Police Departments plaque for winning the award in 2018. Ms. Holt emphasized the importance of the blood drives and their impact on the number of lives saved, and she thanked the city for their continued support. 7. Financial Services Monthly Report for July 2019. Director of Financial Services Anita Cothran presented the Financial Services Monthly Report for July 2019. 8. Development Services Activity Monthly Update Report for the months of June 2019 and July 2019. Director of Development Services John Lettelleir presented the Development Services Activity Monthly Update Report for the months of June and July 2019. 9. Fire Department Monthly Reports on Incident Response and Educational Activities, June and July 2019. Fire Chief Mark Piland presented the Fire Department's Monthly Reports on incident response and education activities for June and July 2019. 10. Police Department's crime statistics and response times for the month of July 2019. Interim Police Chief Greg Ward presented the Police Department's crime statistics and response times for the month of July 2019. 11. Human Resources Quarterly Report for April 2019-June 2019. Human Resources Director Lauren Safranek presented the Human Resources Quarterly Report for the months of April through June 2019. 12. Visit Frisco July sales and marketing reports. Visit Frisco Executive Director Marla Roe presented the Visit Frisco July 2019 sales and marketing reports. 13. 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 Page 4 of 13  Emergency Preparedness Committee, Frisco Veterans Advisory Committee, Frisco Public Relations and Messaging Committee, North Texas Commission, and Regional Transportation Council. Council Member Shona Huffman reported on the Legislative Committee Meeting that occurred last week. She stated the Committee discussed their focus items for the next Legislative Interim Session with the state, which is scheduled to start in January 2020. Council Member Tim Nelson mentioned the North Central Texas Emergency Preparedness Committee conducted their meeting and he will update Council during the next Regular City Council Meeting. Deputy Mayor Pro-Tem John Keating reported on the Frisco Veterans Advisory Committee and upcoming events. He went on to thank Frisco’s Parks and Recreation Department for their help to the Committee in honoring veterans and prisoners of war with a POW-MIA flag at the Veterans Memorial and Walk of Honor at Frisco’s Commons Park. Council Member Shona Huffman announced that the Mayors Youth Council will be accepting applications starting September 1 through September 20, 2019 and encouraged High School Juniors and Seniors in Frisco to apply. CITIZEN INPUT (to begin approximately at 7:30 p.m.) No one wished to speak during Citizen Input. After Citizen Input Mayor Cheney returned to Agenda Item #6. 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.) Council Member Tim Nelson moved to approve Consent Agenda Items #14 through #24. 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) 14. Consider and act upon the approval of Minutes. (CSO/KM) Page 5 of 13  A. Consider and act upon the approval of the August 6, 2019 Regular City Council Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the August 12, 2019 Special Called City Council Budget Work Session Meeting Minutes. (CSO/KM) 15. Consider and act upon adoption of a Resolution to recognize the designation of places and areas as historically, culturally, and/or architecturally important and significant through the adoption of Planned Development Districts, Specific Use Permits, and Overlay Districts before April 1, 2019. (Development Services/MS) RESOLUTION 19-08-29R 16. Consider and act upon award of bid to Mario Sinacola & Sons Excavating, Inc. and authorizing the City Manager to execute a Standard Construction Contract for Legacy Drive from Rockhill Parkway to US 380 (Bid No. 1905-094) and authorizing construction phase contingencies. (Engineering/TN) 17. Consider and act upon award of bid to Mario Sinacola & Sons Excavating, Inc. and authorizing the City Manager to execute a Standard Construction Contract for Rockhill Parkway Phase 1 from Mahard Parkway to west of Legacy Drive (Bid No. 1905-093) and authorizing construction phase contingencies. (Engineering/TN) 18. Consider and act upon award of bid to Excel Trenching and authorizing the City Manager to execute a Standard Construction Contract for Legacy Force Main South (Bid No. 1905-081) and authorizing construction phase contingencies. (Engineering/SH) 19. Consider and act upon approving the acceptance of a grant between the State of Texas, acting by and through the Texas Department of Transportation and the City of Frisco for the 2020 Selective Traffic Enforcement Program (STEP) grant and authorizing acceptance of the grant by the City Manager or his designee. (Police/GW) RESOLUTION 19-08-30R 20. Consider and act upon approving the City Manager to execute a renewal Interlocal Agreement between the North Central Texas Emergency Communications District and the City of Frisco for E9-1-1 service and equipment. (Police/GW) 21. Consider and act upon approval authorizing the City Manager to execute an interlocal agreement with North Central Texas Council of Governments for aerials, planimetric data, and LiDAR. (IT/DF) 22. Consider and act upon approval authorizing the City Manager to execute a proposal with Whirlix Design, Inc., for playground equipment and safety Page 6 of 13  surfacing at Warren Sports Complex. (Parks & Recreation/DF) 23. Consider and act upon award of Best Value Bid #1907-115 Water and Wastewater SCADA System Maintenance to Prime Controls, LP. (Public Works/DF) 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 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.) Council Member Shona Huffman moved to approve Legislative Agenda Items #25 through #26. 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) 25. Consider and act upon an adoption of an Ordinance to amend the Specific Use Permit (S-147) for a Church on two lots on 12.1± acres on the northeast corner of Rivendell Drive and Wade Boulevard. Zoned Retail-Multifamily-19/Townhome with Specific Use Permit (S-147) for a Church. Neighborhood #24. Specific Use Permit Case No. SUP19-0012. (Development Services/AL) ORDINANCE 19-08-68 26. Consider and act upon an adoption of an Ordinance rescinding a Specific Use Permit for a Learning Center on one lot on 0.5+ acre on the west side of Flagstone Street, 280± feet north of John Wesley Drive. Zoned Planned Development-55-Single Family-7 with a Specific Use Permit for a Learning Center (S-27). Neighborhood #20. Specific Use Permit Case No. SUP19-0019. (Development Services/AL) ORDINANCE 19-08-69 REGULAR AGENDA 27. Public Hearing: First Hearing on the City of Frisco Fiscal Year 2020 Annual Page 7 of 13  Budget, including Frisco Economic Development Corporation Fiscal Year 2020 Annual Budget, and the Frisco Community Development Corporation Fiscal Year 2020 Annual Budget. (Financial Services/JH) Council Member Shona Huffman moved to open the public hearing. 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) Deputy Mayor Pro-Tem Bill Woodard moved to close 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) 28. Public Hearing: A request to repeal Ordinance No. 15-07-43 and amend Zoning Ordinance, Ordinance No. 11-04-09, as amended, to retain Specific Use Permit (S-256) for a Private Street development, Ordinance No. 16-06-47, and to repeal all other ordinances governing the zoning of that certain property described in Ordinance No. 15-07-43, generally located on the east side of Coit Road, 1,910.0± feet south of Eldorado Parkway, and to rezone 56.3± acres of said property from Planned Development-6-Commercial-1/Retail/Multifamily- 19/Single Family-8.5/Single Family-7 to Planned Development-6- Retail/Commercial-1, and to rezone the remainder of said property, consisting of 207.0± acres, to the corresponding Single Family-7 or Single Family-8.5 zoning district, respectively. Zoned Planned Development-6-Commercial- 1/Retail/Multifamily-19/Single Family-8.5/Single Family-7 with a Specific Use Permit (S-45) for a Private Street Development. Neighborhood #14. Zoning Case No. Z18-0022. (Development Services/AM) Council Member Shona Huffman moved to open the public hearing. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Council Member Shona Huffman, Mayor Pro-Tem John Page 8 of 13  Keating, Council Member Will Sowell, Deputy Mayor Pro- Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 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 to repeal Ordinance No. 15-07-43 and amend Zoning Ordinance, Ordinance No. 11-04- 09, as amended, to retain Specific Use Permit (S-256) for a Private Street development, Ordinance No. 16-06-47, and to repeal all other ordinances governing the zoning of that certain property described in Ordinance No. 15-07- 43, generally located on the east side of Coit Road, 1,910.0± feet south of Eldorado Parkway, and to rezone 56.3± acres of said property from Planned Development-6-Commercial-1/Retail/Multifamily-19/Single Family-8.5/Single Family-7 to Planned Development-6-Retail/Commercial-1, and to rezone the remainder of said property, consisting of 207.0± acres, to the corresponding Single Family-7 or Single Family-8.5 zoning district, respectively. Zoned Planned Development-6-Commercial-1/Retail/Multifamily-19/Single Family- 8.5/Single Family-7 with a Specific Use Permit (S-45) for a Private Street Development. Neighborhood #14. Zoning Case No. Z18-0022. 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) 29. Public Hearing: A request to rescind Specific Use Permit (S-26) for a Child Care Facility on one lot on 0.2+ acre on the west side of Hummingbird Drive, 105± feet south of Whitewing Drive and to consider to direct Staff to prepare an Ordinance of the same. Zoned Single Family-7 with a Specific Use Permit for a Child Care Facility (S-26). Neighborhood #20. Specific Use Permit Case No. SUP19-0017. (Development Services/AL) Page 9 of 13  Deputy Mayor Pro-Tem Bill Woodard moved to open 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 close the public hearing. 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) Deputy Mayor Pro-Tem Bill Woodard moved to approve a request to rescind Specific Use Permit (S-26) for a Child Care Facility on one lot on 0.2+ acre on the west side of Hummingbird Drive, 105± feet south of Whitewing Drive and to consider to direct Staff to prepare an Ordinance of the same. Zoned Single Family-7 with a Specific Use Permit for a Child Care Facility (S-26). Neighborhood #20. Specific Use Permit Case No. SUP19-0017. 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) 30. Public Hearing: Hold a public hearing to amend 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) Council Member Shona Huffman moved to open the public hearing. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Page 10 of 13  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) Deputy Mayor Pro-Tem Bill Woodard moved to close 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) Deputy Mayor Pro-Tem Bill Woodard moved to approve the amendment 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. 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) 31. Consider and act upon adoption of an Ordinance to amend 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) ORDINANCE 19-08-70 Deputy Mayor Pro-Tem Bill Woodard moved to approve the adoption of an Ordinance to amend the Zoning Ordinance and the Subdivision Ordinance to establish and modify certain development review processes and timelines, and Page 11 of 13  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. 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) 32. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. Mayor Jeff Cheney mentioned the reconciliation of the proposed budget changes. 33. Discussion on Governance Monitoring of present City Council meeting. Deputy Mayor Pro-Tem Bill Woodard was responsible for the Governance Monitoring for this City Council Meeting and gave Council an A. He indicated that the meeting was quick and efficient. ADJOURN Council Member Shona Huffman moved to adjourn at 8:18 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) Approved this 3rd day of September 2019. _______________________ Jeff Cheney, Mayor Page 12 of 13 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 13 of 13