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 1, 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 5:00 p.m. with a full quorum of 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; Nell Lange, Assistant City Manager; Ben Brezina, Assistant City Manager; Kristi Morrow, City Secretary; Victor Cristales, 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; Council Member John Keating moved to enter recess at 5:02 p.m. 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) 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 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 Exide Holdings, Inc. et. al, Case No. 20-11157 (CSS), pending in the U.S. Bankruptcy Court, District of Delaware. iv. Receive legal advice regarding an Ordinance for a Specific Use Permit for a Licensed Child-Care Center on a portion of one lot on 1.3± acres on the east side of Holland Drive, 230± feet south of Rolater Road. Zoned Retail. Neighborhood #27. Zoning Case No. SUP20-0004. B. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property located: i. South of Eldorado Parkway, north of Main Street, east of Legacy Drive, and west of Preston Road. ii. 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 information that the City has received from a business prospect or to Page 2 of 12  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. Deputy Mayor Pro-Tem Shona Huffman moved to reconvene into Regular Session at 6:55 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) As a result of Closed Session, the following action was taken: Council Member Bill Woodard moved to authorize the City Manager and City Attorney to work toward resolution of PUCT Docket Nos. 46662, 47863, and 49043 that results in an Amendatory Contract with the member cities and the North Texas Municipal Water District. 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) INVOCATION Jeremy Mikeska, Executive Pastor of Frisco Bible Church, led the invocation. PLEDGE OF ALLEGIANCE Three young members of the audience led the pledges of allegiance to the United States and Texas flags. PROCLAMATIONS 4. Prostate Cancer Awareness Month Mayor Jeff Cheney presented a proclamation to David Schladenhauffen of the Page 3 of 12  North Texas Prostate Cancer Coalition declaring September 2020 as Prostate Cancer Awareness Month. 5. Hunger Action Month Mayor Jeff Cheney presented a proclamation to North Texas Food Bank (NTFB) CEO Trisha Cunningham and NTFB Peanut Butter Drive Committee Representative Dustin Davis announcing September 2020 as Hunger Action Month. 6. National Payroll Week and the American Payroll Association Mayor Jeff Cheney presented the City of Frisco Payroll Office with a proclamation recognizing their efforts as payroll professionals and proclaiming the first week of September 2020 as Payroll Week. REPORTS 7. 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. 8. Library Monthly Report. Library Director Shelley Holley presented the July 2020 Library Statistics Report and the September 2020 Library Monthly Report 9. Parks & Recreation report on activities related to arts, culture, events, park development and operations, natural resources, and recreation services. Parks and Recreation Assistant Director Rick Wieland presented the Parks and Recreation report on activities related to arts, culture, events, park development and operations, natural resources, and recreation services. 10. 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. Deputy Mayor Pro-Tem Shona Huffman reported on the Legislative Committee Page 4 of 12  meeting held earlier today. She stated that the Committee is preparing for the State Legislative Session, which is scheduled to begin in January 2021. Deputy Mayor Pro-Tem Huffman asserted the Committee is working toward a legislative plan to best protect the interests of the residents of Frisco. Council Member John Keating remarked that the Frisco Veterans Advisory Committee’s Purple Heart Day Social that took place on August 7, 2020 at the Frisco Rail Yard was a success. He mentioned that the event’s attendees included five (5) Purple Heart recipients. Mayor Jeff Cheney then moved to the Consent Agenda. CITIZEN INPUT (to begin approximately at 7:30 p.m.) Deputy Mayor Pro-Tem Shona Huffman called the name of the person wishing to speak during Citizen Input. Glenda Fields, 10300 Fire Ridge Drive, Frisco, Texas, Field Supervisor for the 2020 U.S. Census, spoke regarding the direct impact of the participation by citizens in the census on the allocation of federal funding for various critical programs and services within the community. Ms. Fields then asked Council for their leadership and support in encouraging citizens to participate in the Census before the deadline on September 28, 2020 in order to meet the City’s goal of 95% completion. Mayor Jeff Cheney continued the meeting with the Regular Agenda. 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 #11 through #26. 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) 11. Consider and act upon the approval of Minutes. (CSO/KM) A. Consider and act upon the approval of the August 10, 2020 Special Page 5 of 12  Called City Council Budget Work Session Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the August 18, 2020 Regular City Council Meeting Minutes. (CSO/KM) C. Consider and act upon the approval of the August 18, 2020 Summer Work Session Meeting Minutes. (CSO/KM) 12. Consider and act upon a Resolution repealing Resolution 11-12-194R and authorizing the City Secretary to designate (2) individuals to act on her behalf in her absence. RESOLUTION 2020-09-52R 13. Consider and act upon authorizing the City Manager to execute a Development Agreement by and between the City of Frisco and 3 Corners Plaza, LLC on 24.6± acres on the southwest corner of Coit Road and US 380. (Development Services/DS) 14. 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 Criado & Associates, Inc. for design and preparation of construction documents for Meadow Hill Drive Reconstruction (N. County Road to Preston Road). (Public Works/DLC) 15. Consider and act upon approval of a Resolution supporting submittal of an Economic Development Administration Public Works and Economic Adjustment Assistance Programs Grant Application. (Engineering/MP) RESOLUTION 2020-09-53R 16. Consider and act upon a request for a Noise Ordinance Variance from Austin Bridge & Road for nighttime paving operations on Sam Rayburn Tollway. (Engineering/MP) 17. Consider and act upon authorizing the City Manager to execute a Professional Services Agreement by and between the City of Frisco and Cobb, Fendley and Associates, Inc. to perform Design and Bid Package Preparation for Coit Road from Main Street to Buckeye Drive. (Engineering/TN) 18. Consider and act upon authorizing the City Manager to execute a new Interlocal Cooperation Agreement by and between the City of Frisco, Texas and Denton County Transit Authority (DCTA) for the Provision of Demand-Response Transit Services. (Engineering/KS) 19. Consider and act upon a Resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of Frisco and Collin County to conduct mass dispensing operations using a Closed Point of Dispensing model. (Fire/MP) RESOLUTION 2020-09-54R Page 6 of 12 20. Consider and act upon authorizing the City Manager and Chief of Police to execute a Memorandum of Understanding and an Interlocal Agreement between the City of Frisco and other Collin County Law Enforcement agencies regarding the application process of the Byrne Justice Assistance Grant (JAG) Program Award. (PD/GW) 21. Consider and act upon award of best value bid #2007-076 Traffic Signal Poles and Accessories to Wildcat Electric Supply. (Administrative Services/DF) 22. Consider and act upon award of Request for Proposal #2006-065 Visit Frisco Marketing Agency to Verb Interactive, Inc. and approval authorizing the City Manager to execute an agreement for these services. (CVB/DF) 23. Consider and act upon approval of a purchase order increase to Simply Horticulture for the purchase of hazardous tree trimming and removal during FY 2020. (Parks & Recreation/DF) 24. Consider and act upon ratification of a purchase order to Professional Turf Products for the purchase of mowing equipment. (Parks & Recreation/DF) 25. Consider and act upon award of best value bid #2007-070 Communication Tower Inspection, Maintenance, and Repair to Larson Associates USA, Inc. (Public Works/DF) 26. 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) Mayor Jeff Cheney then moved to Citizen Input. REGULAR AGENDA 27. Public Hearing: Second 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) Assistant Finance Director Jenny Hundt presented a video to Council regarding the FY2021 Annual Budget and the ongoing financial effects of the COVID-19 pandemic on the budget and the economy. This video is currently available on the Budget Office page of the City’s website. (The video will be historically maintained in the City Secretary’s Office and will be available for viewing from the City Secretary's Office by submitting an Open Records Request.) Page 7 of 12  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. 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) 28. Consider and act upon a Resolution calling for a Public Hearing and a Meeting to vote on the City of Frisco Proposed Tax Rate. (Financial Services/JH) RESOLUTION 2020-09-55R Deputy Mayor Pro-Tem Shona Huffman moved to approve a Resolution calling for a Public Hearing and Meeting to vote on the City of Frisco Proposed Tax Rate. 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) 29. Consider and act upon adoption of an Ordinance authorizing the issuance of up to $30,000,000 City of Frisco, Texas, General Obligation Bonds, Series 2020; delegating the authority to certain city officials to execute certain documents relating to the sale of the bonds; approving and authorizing an official statement and instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. (Financial Services/AC) ORDINANCE 2020-09-51 Page 8 of 12  Mayor Pro-Tem Will Sowell moved to approve the adoption of an Ordinance authorizing the issuance of up to $30,000,000 City of Frisco, Texas, General Obligation Bonds, Series 2020; delegating the authority to certain city officials to execute certain documents relating to the sale of the bonds; approving and authorizing an official statement and instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. 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) 30. Consider and act upon adoption of an Ordinance authorizing the issuance of up to $15,100,000 City of Frisco, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2020; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing an official statement and instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. (Financial Services/AC) ORDINANCE 2020-09-52 Mayor Pro-Tem Will Sowell moved to approve the adoption of an Ordinance authorizing the issuance of up to $15,100,000 City of Frisco, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2020; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing an official statement and instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. 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) 31. Consider and act upon adoption of an Ordinance for a Specific Use Permit for a Licensed Child-Care Center on a portion of one lot on 1.3± acres on the east side of Holland Drive, 230± feet south of Rolater Road. Zoned Retail. Neighborhood #27. Zoning Case No. SUP20-0004. (Development Services/BS) Mayor Pro-Tem Will Sowell moved to table Agenda Item #31 until the November Page 9 of 12  17, 2020 Regular City Council Meeting. 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) 32. Consider and act upon approval of an Ordinance to include the revised Vacation Leave policy and revised Timekeeping policy. (HR/LS) Tabled 8/4/2020; Tabled 8/18/2020 ORDINANCE 2020-09-53 Deputy Mayor Pro-Tem Shona Huffman moved to remove Agenda Item #32 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) Matthew Sapp, 7234 Waters Edge Drive, The Colony, Texas, representing the Frisco Fire Fighters Association, spoke in opposition to Item #32. Mayor Pro-Tem Will Sowell moved to approve an Ordinance to include the revised Vacation Leave policy and revised Timekeeping policy. 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) 33. Consider and act upon the adoption of an Ordinance amending Ordinance Number 2020-08-50, 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 2020-09-54 Page 10 of 12  Deputy Mayor Pro-Tem Shona Huffman moved to approve the adoption of an Ordinance amending Ordinance Number 2020-08-50, 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. 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) 34. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. Mayor Pro-Tem Shona Huffman mentioned that Item #31 was tabled until the November 17, 2020 Regular City Council Meeting. 35. Discussion on Governance Monitoring of present City Council Meeting. Mayor Jeff Cheney was responsible for the Governance Monitoring for this Council Meeting. He stated that Council moved expeditiously despite a difficult topic on the agenda and gave the meeting an “A.” ADJOURN Mayor Pro-Tem Will Sowell moved to adjourn at 8:17 p.m. 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) Approved this 15th day of September 2020. Page 11 of 12  __________________________ 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