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, SEPTEMBER 3, 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 5:15 p.m. with a quorum present. 1. ROLL CALL Mayor Jeff Cheney Present Mayor Pro-Tem John Keating Absent 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 15 CLOSED SESSION 2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Deputy Mayor Pro-Tem Bill Woodard moved to enter recess at 5:18 p.m. Council Member Tim Nelson seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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 regarding Zoning Ordinance application to façade of retail store located at 7744 State Highway 121, Frisco, TX 75034. ii. 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. 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 a request to rezone 16.3± acres from Agricultural to Retail and 641.0± acres from Agricultural, Single Family-10, and Single Family-8.5 to Office-2 on the east side of Teel Parkway, 1,370± feet south of US 380. Zoned Agricultural, Single Family-10, and Single Family-8.5 and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. Z19-0014. B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located: i. South of US380, north of Panther Creek Parkway, west of Page 2 of 15  Preston Road, and east of FM423. ii. South of Warren Parkway, north of SH 121, east of Legacy Drive, 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. 3. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Council Member Shona Huffman moved to reconvene into Regular Session at 6:55 p.m. Council Member Tim Nelson seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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 Council Member Shona Huffman led the invocation. PLEDGE OF ALLEGIANCE Cub Scouts Webolo Pack 290 of Frisco, Texas led the pledges to the United States and Texas flags. PROCLAMATIONS 4. Boys Statesman Day Mayor Jeff Cheney presented a proclamation recognizing a delegation of young men from the American Legion Post 178 for their exceptional representation of Frisco during the American Legion Boys State in Austin. The proclamation proclaimed September 3, 2019 as Frisco Boys Statesman Day. 5. Trey Stout - Recognition for 20 Years of Service Mayor Jeff Cheney presented a proclamation to Fire Captain Trey Stout for twenty years of dedicated service to the City of Frisco and proclaimed September 3, 2019 as Trey Stout Day. Page 3 of 15 6. Brian Jetton - Recognition for 20 Years of Service Mayor Jeff Cheney presented a proclamation to Fire Captain Brian Jetton for twenty years of dedicated service to the City of Frisco and proclaimed September 3, 2019 as Brian Jetton Day. 7. Jim Moore - Recognition for 20 Years of Service Mayor Jeff Cheney presented a proclamation to Firefighter and Paramedic Jim Moore for twenty years of dedicated service to the City of Frisco and proclaimed September 3, 2019 as Jim Moore Day. REPORTS Mayor Jeff Cheney began the meeting with Item #9. 8. Public Works and Engineering report on activities related to roadways, traffic control and transportation, stormwater drainage, water and wastewater, and solid waste collection. Engineering and Public Works Director Paul Knippel reported on Public Works and Engineering activities related to roadways, traffic control and transportation, stormwater drainage, water and wastewater, and solid waste collection. Mayor Cheney proceeded to Citizen Input. 9. Library Monthly Report regarding Library statistics and activities. Library Director Shelley Holley presented the Library Monthly report regarding Library statistics and activities. Mayor Jeff Cheney then returned to Item #8. 10. Parks and Recreation Monthly Report regarding park and trail development, facilities, special events, and youth development. Parks and Recreation Director Shannon Keleher presented the Parks and Recreation Monthly Report regarding park and trail development, facilities, special events, and youth development. 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. Page 4 of 15  Council Member Tim Nelson reported on the Emergency Preparedness Committee Meeting that took place on August 15, 2019. Council Member Nelson announced that his term as a committee member will come to an end at their next scheduled meeting on December 5, 2019. He went on to remind Council of the EPC’s openings and encouraged Council Members to apply to continue representation for the City of Frisco on the committee. Mayor Jeff Cheney continued the meeting with the Consent Agenda. CITIZEN INPUT (to begin approximately at 7:30 p.m.) Brian Hertneky, 8101 Whitewing Drive, Frisco, Texas, came forward to speak about his family’s recent experience with some of Frisco’s Police Officers during a car accident involving his wife. Mr. Hertneky voiced his concerns regarding the officer’s lack of ability to communicate with deaf citizens and expressed the need for the Police Department to be educated regarding this matter to enable officers to better serve deaf citizens within the community. Avril Hertneky, 8101 Whitewing Drive, Frisco, Texas, reiterated her husband’s concerns and emphasized the importance of training (such as deaf sensitivity training) to improve communications between officers of law enforcement agencies, hospital staff, and deaf citizens in case of emergencies. Mrs. Hertneky went on to ask Council to extend community involvement opportunities to Frisco’s hearing-impaired citizens and to provide greater learning opportunities for deaf children within the city. After Citizen Input, Mayor Cheney returned to Agenda Item #10. 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 #30. Council Member Shona Huffman seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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 August 20, 2019 City Council Page 5 of 15  Work Session Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the August 20, 2019 Regular City Council Meeting Minutes. (CSO/KM) C. Consider and act upon the approval of the August 27, 2019 Special Called City Council Meeting Minutes. (CSO/KM) 13. Consider and act upon authorizing the City Manager to execute a license agreement by and between the City of Frisco and the North Texas Tollway Authority for the Six Cities Hike and Bike Trail. (Engineering/PK) 14. Consider and act upon adoption of a Resolution and execution of an Interlocal Cooperation Agreement by and between Denton County and the City of Frisco to provide construction funding for Legacy Drive from Rockhill Parkway to US 380. (Engineering/JB) RESOLUTION 19-09-31R 15. Consider and act upon authorizing the City Manager to execute a Professional Services Agreement between the City of Frisco and Kimley-Horn & Associates, Inc. for conceptual design documents for Downtown Street Improvements and Plaza – Phase 1. (Engineering/MM) 16. Consider and act upon approval for the City Manager to execute Change Order Number 2 to the Standard Construction Contract by and between the City of Frisco and Roadway Solutions, Inc. for construction services for traffic signal installation at FM 423 and Rockhill Parkway. (Engineering/RC) 17. Consider and act upon award of bid to Tiseo Paving Company and authorizing the City Manager to execute a Standard Construction Contract for North Teel Parkway from Rockhill Parkway to US 380 and Rockhill Parkway from Dakotah Road to North Teel Parkway (Bid No. 1905-095) and authorizing construction phase contingencies. (Engineering/TN) 18. Consider and act upon authorizing the City Manager to execute four Mitigation Credit Sales Agreements for Individual Permit (SWF-2019-00111) and (SWF- 2019-00206) mitigation by and between the City of Frisco and the Bunker Sands, Bill Moore, and Mill Branch Mitigation Banks for construction of the Rockhill Parkway, from Mahard Parkway to North Teel Parkway, and Legacy Drive, from Rockhill Parkway to US 380, projects. (Engineering/TN) 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 Cobb, Fendley & Associates, Inc. to perform design and bid package preparation for Legacy Drive from Rockhill Parkway to US 380. (Engineering/TN) Page 6 of 15 20. Consider and act upon a Resolution approving the Fiscal Year 2020 City of Frisco General Fund, Social Services Grant Allocations. (Financial Services/JH) RESOLUTION 19-09-32R 21. Consider and act upon a Resolution to accept a Texas State Library and Archives Commission Special Projects Continuation Grant of up to $75,000 for the purchase of a customized Community Engagement Van allowing the library to further expand services into the community. (Library/MD) RESOLUTION 19-09-33R 22. Consider and act upon authorization for the City Manager and Chief of Police to execute a Memorandum of Understanding and Interlocal Agreement between Collin County Sheriff's Office, City of Plano, City of McKinney, and City of Frisco regarding the BJA FY 2020 Byrne Justice Assistance Grant (JAG) program and formula award. (Police/GW) 23. Consider and act upon approval of a purchase order to Carrier Corporation for the purchase and installation of HVAC equipment at City Hall. (Administrative Services/DF) 24. Consider and act upon approval of a purchase order to Siddons-Martin Emergency Group for the purchase of one (1) Pierce Custom Velocity Pumper. (Fire/DF) 25. Consider and act upon ratification of purchase orders to The Harbeck Company, Inc. for employee assessment programs during FY 2019. (HR/DF) 26. Consider and act upon approval of a purchase order to Netsync Network Solutions for redundant network management appliances related to disaster recovery. (IT/DF) 27. Consider and act upon approval of a purchase order to Axon Enterprise for the purchase of conductive electrical weapons. (Police/DF) 28. Consider and act upon award of Competitive Sealed Bid #1906-104 Remote- Controlled Low-Profile Loader to Hard-Line USA. (Public Works/DF) 29. Consider and act upon approval of a purchase order to Marathon Fitness for the purchase and installation of cardio and strength equipment for The Grove at Frisco Commons. (Parks and Recreation/DF) 30. 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 Page 7 of 15  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 Tim Nelson moved to approve Legislative Agenda Item #31. Council Member Shona Huffman seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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 for a Specific Use Permit for a Church on one lot on 14.2± aces on the northwest corner of Briar Ridge Road and Eldorado Parkway. Zoned Agricultural. Neighborhood #22. (Development Services/AM) ORDINANCE 19-09-71 REGULAR AGENDA 32. Public Hearing: Second Public Hearing on the City of Frisco Fiscal Year 2020 Annual Budget, including the Frisco Economic Development Corporation Fiscal Year 2020 Budget and the Frisco Community Development Corporation Fiscal Year 2020 Budget. (Financial Services/JH) Council Member Tim Nelson moved to open the public hearing. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Tom Fabry, 4992 Iroquois Drive, Frisco, Texas, spoke in favor of Frisco’s Budget for 2020. He did express his support of the overall budget but had concerns regarding the lack of additional funding for resources to the Fire and Police Departments. Council Member Tim Nelson moved to close the public hearing. Council Member Will Sowell seconded the motion. Page 8 of 15  Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 33. Public Hearing: Second Public Hearing on the City of Frisco Proposed FY20 Tax Rate. (Financial Services/JH) Council Member Tim Nelson moved to open the public hearing. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 34. Public Hearing: A request to rezone 16.3± acres from Agricultural to Retail and 641.0± acres from Agricultural, Single Family-10, and Single Family-8.5 to Office-2 on the east side of Teel Parkway, 1,370± feet south of US 380. Zoned Agricultural, Single Family-10, and Single Family-8.5 and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. Z19-0014. (Development Services/MS) TABLED UNTIL REGULAR CITY COUNCIL MEETING OCTOBER 15, 2019. Mayor Jeff Cheney recused himself for the vote on Item #34. His conflict of interest form is on file in the City Secretary’s Office. Council Member Tim Nelson moved to open the public hearing. Council Member Will Sowell seconded the motion. Passed Vote: 4 – 0 Page 9 of 15  For: Council Member Shona Huffman, Council Member Will Sowell, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Will Sowell moved to table Agenda Item #34 until the October 15, 2019 Regular City Council Meeting. Council Member Tim Nelson seconded the motion. Passed Vote: 4 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 35. Public Hearing: A request to amend the Zoning Ordinance Section 7.01, Definitions; 3.02.01, Conditional Development Standards; 4.07.04, Special Height Regulations; 4.07.07, Radio, Television and Microwave Towers; 6.15.01, Specific Use Permit Regulations and Procedures; 6.19.02, Appeal of a Denial of an Unlisted Commercial Stealth Antenna; and other Zoning Ordinance amendments applicable to cell towers and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA19-0002. (Development Services/MS) Council Member Tim Nelson moved to open the public hearing. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Aubrey Coleman, 7668 Warren Parkway, Frisco, Texas, representing T-Mobile spoke in opposition to Item #35. Mr. Coleman expressed that T- Mobile does not fundamentally disagree with the city’s proposal for the new ordinance but voiced T-Mobile’s concerns and requested deferment for T-Mobile to continue discussions with city staff in regard to this matter. Deputy Mayor Pro-Tem Bill Woodard moved to close the public hearing. Council Member Tim Nelson seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Page 10 of 15  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 amend the Zoning Ordinance Section 7.01, Definitions; 3.02.01, Conditional Development Standards; 4.07.04, Special Height Regulations; 4.07.07, Radio, Television and Microwave Towers; 6.15.01, Specific Use Permit Regulations and Procedures; 6.19.02, Appeal of a Denial of an Unlisted Commercial Stealth Antenna; and other Zoning Ordinance amendments applicable to cell towers and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA19- 0002. Council Member Will Sowell seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 36. Public Hearing: A request to amend the Zoning Ordinance Section 4.06.03, Garage Apartment or Guest House and Section 7, Definitions and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA19-0003. (Development Services/MS) Council Member Shona Huffman moved to open the public hearing. Council Member Will Sowell seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Matt Calloway, 2546 Oak Street, Frisco, Texas, spoke in support of Agenda Item #36 allowing property owners occupying the main dwelling on their property to utilize garage apartments and guest houses as short-term rentals. Council Member Shona Huffman moved to close the public hearing. Council Member Tim Nelson seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Page 11 of 15  Against: (None) Deputy Mayor Pro-Tem Bill Woodard moved to approve a request to amend the Zoning Ordinance Section 4.06.03, Garage Apartment or Guest House and Section 7, Definitions and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA19-0003. Council Member Tim Nelson seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 37. Public Hearing: A request to rescind Specific Use Permit (S-54) for a Mini- Warehouse on one lot on 4.3± acres on the west side of Taft Powell Road, 750± feet south of Main Street and to consider to direct Staff to prepare an Ordinance of the same. Zoned Commercial-1 with a Specific Use Permit (S-54) for a Mini- Warehouse. Neighborhood #18. Specific Use Permit Case No. SUP19-0020. (Development Services/AL) Council Member Tim Nelson moved to open the public hearing. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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 Will Sowell seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Tim Nelson moved to approve a request to rescind Specific Use Permit (S-54) for a Mini-Warehouse on one lot on 4.3± acres on the west side of Taft Powell Road, 750± feet south of Main Street and to consider to direct Staff to prepare an Ordinance of the same. Zoned Commercial-1 with a Specific Use Permit (S-54) for a Mini-Warehouse. Neighborhood #18. Specific Page 12 of 15  Use Permit Case No. SUP19-0020. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 38. Public Hearing: A request to repeal Ordinance No. 97-05-16 consisting of 7.7± acres on the northeast corner of Old Lebanon Road and Lebanon Road ("Property"), to amend the Zoning Ordinance (Ordinance No. 11-04-09, as amended) and to rezone the Property from Planned Development-69- Commercial-1 to Retail and to consider to direct Staff to prepare an Ordinance of the same. Zoned Planned Development-69-Commercial-1. Neighborhood #23. Zoning Case No. Z19-0011. (Development Services/AL) Deputy Mayor Pro-Tem Bill Woodard moved to open the public hearing. Council Member Shona Huffman seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Brandon White, 421 Fayetteville Street, Suite #600, Raleigh, North Carolina, Planner for Kimley-Horn Inc. and representative for the applicant came forward to speak in favor of this project. Recess into Closed Session in compliance with Section 551.071 et. seq. Texas Government Code, to wit; Council Member Shona Huffman moved to enter recess at 8:30 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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. Page 13 of 15  Council Member Shona Huffman moved to reconvene into Regular Session at 8:41 p.m. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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. Mayor Jeff Cheney invited the applicant to return to the podium. Brandon White, from Kimley-Horn Inc., offered on behalf of the applicant to execute a written agreement stating that the landowner or developer will comply with the building material requirements of the existing Frisco ordinances. Deputy Mayor Pro-Tem Bill Woodard moved to close the public hearing. Council Member Will Sowell seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, 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. 97-05-16 consisting of 7.7± acres on the northeast corner of Old Lebanon Road and Lebanon Road ("Property"), to amend the Zoning Ordinance (Ordinance No. 11-04-09, as amended) and to rezone the Property from Planned Development-69-Commercial-1 to Retail and to consider to direct Staff to prepare an Ordinance of the same. Zoned Planned Development-69- Commercial-1. Neighborhood #23. Zoning Case No. Z19-0011. Deputy Mayor Pro-Tem Bill Woodard seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 39. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. Page 14 of 15  Council Member Tim Nelson reminded Council that Item #34 was tabled until the October 15, 2019 Regular City Council Meeting. 40. Discussion on Governance Monitoring of present City Council Meeting. Mayor Jeff Cheney was responsible for the Governance Monitoring for this City Council Meeting. He indicated that the meeting was quick and efficient, and he gave the meeting a satisfactory rating. ADJOURN Deputy Mayor Pro-Tem Bill Woodard moved to adjourn at 8:49 p.m. Council Member Shona Huffman seconded the motion. Passed Vote: 5 – 0 For: Council Member Shona Huffman, Council Member Will Sowell, Deputy Mayor Pro-Tem Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Approved this 17th day of September 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 15 of 15