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 18, 2020 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 Will Sowell Present Deputy Mayor Pro-Tem Shona Huffman Present Council Member John Keating Present Council Member Bill Woodard 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, Chief Innovation Officer; Kristi Morrow, City Secretary; Richard Abernathy, City Attorney; Ryan Pittman, City Attorney; Department Directors, and other Staff members. Page 1 of 12 CLOSED SESSION 2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Deputy Mayor Pro-Tem Shona Huffman moved to enter recess at 5:03 p.m. Council Member John Keating seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member 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 emergency management. ii. Receive legal advice regarding House Bill 3167 and impact on plat and plan review process. 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 Exide Holdings, Inc. et. al, Case No. 20-11157 (CSS), pending in the U.S. Bankruptcy Court, District of Delaware. v. Receive legal advice regarding the adoption of an Ordinance amending Ordinance Number 2020-08-49, which continued, renewed, and extended the Amended Declaration of Local Disaster for Public Health Emergency issued by the Mayor on March 19, 2020, and prescribed orders to help abate the COVID- 19 public health emergency, and any other declarations or amendments thereto. B. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property located: i. East of FM 423, south of US 380, west of DNT, and north of Panther Creek Parkway. C. Section 551.087. Deliberation regarding commercial or financial Page 2 of 12  information that the City has received from a business prospect or to deliberate the offer of a financial or other incentive to a business prospect. 3. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Council Member Tim Nelson moved to reconvene into Regular Session at 6:39 p.m. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member 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 Robert Jordan, the Campus Pastor at Hope Fellowship’s Frisco East Campus, led the invocation. PLEDGE OF ALLEGIANCE Frisco Boys Statesmen led the pledges of allegiance to the United States and Texas flags. PROCLAMATIONS 4. Frisco Boys State Day Mayor Jeff Cheney presented members of Frisco Boys State a proclamation congratulating them on their civic leadership and pride in American citizenship and proclaiming August 18, 2020 as Frisco Boys Statesman Day. 5. Recognition for Rob Altman (FVAC) Mayor Jeff Cheney presented Rob Altman II with a proclamation declaring August 18, 2020 as Rob Altman II Day in recognition of his support of Frisco’s Veterans and his service to the community. REPORTS Page 3 of 12 6. Financial Services Budget Status Report for July 31, 2020. Chief Financial Officer Anita Cothran presented the Financial Services Budget Status Report for July 31, 2020. 7. Police Department's crime statistics and response times for the month of July 2020. Police Chief David Shilson presented the Police Department's crime statistics and response times for the month of July 2020. 8. Fire Department Monthly Reports on Incident Response and Education Activities for the months of June and July 2020. Fire Chief Mark Piland presented the Fire Department's monthly reports on incident response and education activities for the months of June and July 2020. 9. Development Services Activity Monthly Update Report for month of June 2020 and July 2020. Developmental Services Director John Lettelleir presented the Development Services activity monthly update report for the months of June 2020 and July 2020. 10. Visit Frisco July 2020 sales and marketing reports and June 2020 metrics report. Visit Frisco Executive Director Marla Roe presented the Visit Frisco July 2020 sales and marketing reports and June 2020 metrics report. 11. Council Subcommittee reports for current activities of the Legislative Committee, Governance Committee, Budget and Audit Committee, Frisco Square Management District, Dallas Regional Mobility Commission, North Central Texas Emergency Preparedness Committee, Frisco Veterans Advisory Committee, North Texas Commission, and Regional Transportation Council. Council Member John Keating reported on the Regional Transportation Council. He provided Council with statistics of the effects of the COVID-19 pandemic on traffic, trail use, air travel, and air quality during the quarantine period from March 2020 through May 2020. Mayor Jeff Cheney moved on to the Consent Agenda. CITIZEN INPUT (to begin approximately at 7:30 p.m.) Page 4 of 12  No one wished to speak during Citizen Input. Mayor Jeff Cheney returned to Regular Agenda Item #22. 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 Shona Huffman moved to approve Consent Agenda Items #12 through #19. Mayor Pro-Tem Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member 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 3, 2020 Joint Planning & Zoning / City Council Work Session Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the August 4, 2020 City Council Work Session Meeting Minutes. (CSO/KM) C. Consider and act upon the approval of the August 4, 2020 Regular City Council Meeting Minutes. (CSO/KM) 13. Consider and act upon approving a Resolution accepting a grant between the State of Texas, acting by and through the Texas Department of Transportation and the City of Frisco for the 2021 Selective Traffic Enforcement Program (STEP) grant and authorizing acceptance of the grant by the City Manager or his designee. (Police/JJ) RESOLUTION 2020-08-51R 14. Consider and act upon authorizing the City Manager to execute a Professional Services Agreement by and between the City of Frisco and Freese and Nichols, Inc. to perform Preliminary Design and Analysis for Fairways Lift Station Pump Upgrades. (Engineering/JX) 15. Consider and act upon authorizing the City Manager to execute a Master Agreement by and between the City of Frisco and Dunaway Associates, L.P. to perform On-Call Professional Survey Services. (Engineering/LE) Page 5 of 12 16. Consider and act upon approval of a purchase order to Network Cabling Services, Inc. for the purchase of labor and materials to complete data network and cabling services for the Container Project. (IT/DF) 17. Consider and act upon approval of purchase orders to LexisNexis and Integrated Computer Systems (ICS), Inc. for the licensing and integration of a citizen online reporting solution. (Police/DF) 18. Consider and act upon approval of purchase orders to Motorola, Inc. for mobile radios for the Police Department. (Police/DF) 19. 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) REGULAR AGENDA 20. City Council consider and approve Ordinance to include the revised Vacation Leave policy and revised Timekeeping policy. (HR/LS) Tabled 8/4/2020 Deputy Mayor Pro-Tem Shona Huffman moved to remove Agenda Item #20 from the table. Mayor Pro-Tem Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Mayor Pro-Tem Will Sowell moved to table Agenda Item #20 until the September 1, 2020 Regular City Council Meeting. Deputy Mayor Pro-Tem Shona Huffman seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Page 6 of 12 21. Public Hearing: First Hearing on the City of Frisco Fiscal Year 2021 Annual Budget, including Frisco Economic Development Corporation Fiscal Year 2021 Budget and the Frisco Community Development Corporation Fiscal year 2021 Budget. (Financial Services/JH) Deputy Mayor Pro-Tem Shona Huffman moved to open the Public Hearing. Mayor Pro-Tem Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Mayor Pro-Tem Will Sowell moved to close the Public Hearing. Council Member Tim Nelson seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Mayor Jeff Cheney then moved to Citizen Input. 22. Public Hearing: A request to rescind Specific Use Permit (S-2) for a Day Nursery on one lot on 1.6± acres on the south side of Hickory Street, 150± feet east of Parkwood Boulevard and to consider to direct Staff to prepare an Ordinance of the same. Zoned Retail with a Specific Use Permit for a Day Nursery (S-2). Neighborhood #20. Specific Use Permit Case No. SUP20-0007. (Development Services/AL) Council Member Tim Nelson moved to open the Public Hearing. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Page 7 of 12  Council Member Bill Woodard moved to close the Public Hearing. Mayor Pro- Tem Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Bill Woodard moved to approve a request to rescind Specific Use Permit (S-2) for a Day Nursery on one lot on 1.6± acres on the south side of Hickory Street, 150± feet east of Parkwood Boulevard and to consider to direct Staff to prepare an Ordinance of the same. Zoned Retail with a Specific Use Permit for a Day Nursery (S-2). Neighborhood #20. Specific Use Permit Case No. SUP20-0007. Deputy Mayor Pro-Tem Shona Huffman seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 23. Public Hearing: A request to rescind Specific Use Permit (S-40) for a Building Materials and Hardware Establishment on 2.1± acres on the north side of SH 121, 2,970± feet east of Hillcrest Road and to consider to direct Staff to prepare an Ordinance of the same. Zoned Highway with a Specific Use Permit (S-40) for a Building Materials and Hardware Establishment. Neighborhood #28. Specific Use Permit Case No. SUP20-0008. (Development Services/AL) Deputy Mayor Pro-Tem Shona Huffman moved to open the Public Hearing. Mayor Pro-Tem Will Sowell seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Bill Woodard moved to close the Public hearing. Deputy Mayor Pro-Tem Shona Huffman seconded the motion. Page 8 of 12  Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Deputy Mayor Pro-Tem Shona Huffman moved to approve a request to rescind Specific Use Permit (S-40) for a Building Materials and Hardware Establishment on 2.1± acres on the north side of SH 121, 2,970± feet east of Hillcrest Road and to consider to direct Staff to prepare an Ordinance of the same. Zoned Highway with a Specific Use Permit (S-40) for a Building Materials and Hardware Establishment. Neighborhood #28. Specific Use Permit Case No. SUP20-0008. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 24. Public Hearing: A request to rescind Specific Use Permit (S-126) for a Day Care on one lot on 6.0± acres on the south side of Hickory Street, 405± feet east of Parkwood Boulevard and to consider to direct Staff to prepare an Ordinance of the same. Zoned Office-1 with a Specific Use Permit (S-50) for a Commercial Antenna and Specific Use Permit (S-126) for a Day Care. Neighborhood #20. Specific Use Permit Case No. SUP20-0009. (Development Services/AL) Deputy Mayor Pro-Tem Shona Huffman moved to open the Public Hearing. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Bill Woodard moved to close the Public Hearing. Deputy Mayor Pro-Tem Shona Huffman seconded the motion. Passed Vote: 6 – 0 Page 9 of 12  For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Deputy Mayor Pro-Tem Shona Huffman moved to approve a request to rescind Specific Use Permit (S-126) for a Day Care on one lot on 6.0± acres on the south side of Hickory Street, 405± feet east of Parkwood Boulevard and to consider to direct Staff to prepare an Ordinance of the same. Zoned Office-1 with a Specific Use Permit (S-50) for a Commercial Antenna and Specific Use Permit (S-126) for a Day Care. Neighborhood #20. Specific Use Permit Case No. SUP20-0009. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 25. Public Hearing: A request to rezone 7.9± acres at the terminus of Wade Boulevard, 615± feet east of Ohio Drive from Townhome and Multifamily-19 to Townhome and to consider to direct Staff to prepare an Ordinance of the same. Zoned Townhome and Multifamily-19 with a Specific Use Permit (S-147) for a Church. Neighborhood #11. Zoning Case No. Z20-0004. (Development Services/AL) Deputy Mayor Pro-Tem Shona Huffman moved to open the Public Hearing. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Deputy Mayor Pro-Tem Shona Huffman moved to close the Public Hearing. Council Member Bill Woodard seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Page 10 of 12  Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Council Member Bill Woodard moved to approve a request to rezone 7.9± acres at the terminus of Wade Boulevard, 615± feet east of Ohio Drive from Townhome and Multifamily-19 to Townhome and to consider to direct Staff to prepare an Ordinance of the same. Zoned Townhome and Multifamily-19 with a Specific Use Permit (S-147) for a Church. Neighborhood #11. Zoning Case No. Z20-0004. Council Member John Keating seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 26. Consider and act upon the adoption of an Ordinance amending Ordinance Number 2020-08-49, which continued, renewed and extended the Amended Declaration of Local Disaster for Public Health Emergency issued by the Mayor on March 19, 2020, and prescribed orders to help abate the COVID-19 public health emergency, and any other declarations or amendments thereto. (CMO) ORDINANCE 2020-08-50 Mayor Pro-Tem Will Sowell moved to approve the adoption of an Ordinance amending Ordinance Number 2020-08-49, which continued, renewed, and extended the Amended Declaration of Local Disaster for Public Health Emergency issued by the Mayor on March 19, 2020, and prescribed orders to help abate the COVID-19 public health emergency, and any other declarations or amendments thereto. Deputy Mayor Pro-Tem Shona Huffman seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) 27. 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 that Item #20 was tabled until the September 1, 2020 Regular City Council Meeting. Page 11 of 12 28. Discussion on Governance Monitoring of present City Council Meeting. Deputy Mayor Pro-Tem Shona Huffman was responsible for the Governance Monitoring of this City Council Meeting and gave Council an “A+”. ADJOURN Council Member John Keating moved to adjourn at 7:38 p.m. Council Member Brian Livingston seconded the motion. Passed Vote: 6 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member John Keating, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Approved this 1st day of September 2020. __________________________ 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 12 of 12