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, OCTOBER 20, 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 5:05 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; Ben Brezina, Assistant City Manager; Kristi Morrow, City Secretary; 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 5:06 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. 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. ii. South of Eldorado Parkway, north of Main Street, 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 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 John Keating moved to reconvene into Regular Session at 6:48 p.m. 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 Page 2 of 12  Member Brian Livingston Against: (None) As a result of Closed Session, there was no action to take. INVOCATION Rev. Jim Mustain, the Community Pastor for Preston Trail Community Church in Frisco, led the invocation. PLEDGE OF ALLEGIANCE Cub Scout Pack 178 led the pledges of allegiance to the United States and Texas flags. PROCLAMATIONS 4. Deputy Police Chief Mike Hagan - Recognition for 20 Years of Service Mayor Jeff Cheney presented Deputy Police Chief Mike Hagan with a proclamation honoring his twenty (20) years of service dedicated to the Public Safety in the City of Frisco and announced October 20, 2020 as Mike Hagan Day. 5. Chiropractic Health Month (Texas Chiropractic Association) Mayor Jeff Cheney presented Dr. Andrew Oteo and Dr. Matt Thomas from the Texas Chiropractic Association with a proclamation announcing October 2020 as Chiropractic Health Month. Mayor Jeff Cheney then moved to Agenda Item #7. REPORTS 6. Representative Jared Patterson "Taxpayer Award" Presentation to the City of Frisco. Representative Jared Patterson, representing the residents of House District 106, presented City Council with the Taxpayer Champion Award for 2020 congratulating the City of Frisco for being a taxpayer friendly city. Mayor Jeff Cheney continued the meeting with Agenda Item #8. 7. Presentation of Awards to the Frisco Police Department by ESGR (Employer Support to Guard and Reserve Program/Department of Defense). Page 3 of 12  Colonel J.P. Hogan, United States Army, Retired, North Texas Regional Director of the Texas Employer Support to Guard and Reserve Program (ESGR), presented Police Chief David Shilson and the Frisco Police Department with the Above and Beyond Award and the Seven Seals Award in recognition of their exceptional support of Police Department employees who also serve as National Guard or Reserve service members. Mayor Jeff Cheney then returned to Agenda Item #6. 8. Police Department's crime statistics and response times for the month of September 2020. Police Chief Shilson presented the Police Department's crime statistics and response times for the month of September 2020. Chief Shilson also updated Council on the most recent inspection (Exhibit A) conducted by Frisco Animal Services at Petland. Deputy Mayor Pro-Tem Shona Huffman called on the persons wishing to speak regarding animal-related issues. John Taylor, 7227 West Main Street, Frisco, Texas, asked Council to consider banning the retail sale of animals bred in puppy mills. Marla Fields, 2386 Cemetery Road, Pottsboro, Texas, representing the Frisco Pet Project, spoke regarding the Animal Shelter Services Contract between the City of Frisco and Collin County and advocated for Frisco to have its own animal shelter. Mayor Jeff Cheney then moved to Citizen Input. 9. Fire Department Monthly Reports on incident responses and education activities for the month of September 2020. Fire Chief Mark Piland presented the Fire Department Monthly Reports on incident responses and education activities for the month of September 2020. 10. Development Services Monthly Activity update report for month of September 2020. Development Services Director John Lettelleir presented the Development Services monthly activity update report for the month of September 2020. 11. Visit Frisco September sales and marketing report and August metrics report. Executive Director Marla Roe presented the Visit Frisco September 2020 sales and marketing report and the August 2020 metrics report. Page 4 of 12 12. 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 Tim Nelson updated Council on the Governance Committee Meeting held earlier in the day. He informed Council that the Committee has completed their review of Code 2-74 of Frisco’s City Code of Ordinances, regarding the process of appointing standing committees and ad hoc committees. He stated the Committee is planning to present their recommendations for improvements to the process at a City Council Work Session in November. Council Member Nelson then mentioned that the Committee also discussed improving the ways boards and committees communicate with Council. Mayor Pro-Tem Will Sowell reported on the Budget and Audit Committee Meeting that occurred earlier in the day. He stated the focus of the meeting’s discussions was the use of capital reserve funds and sponsorship funds for FY21. Council Member John Keating announced the Frisco Veterans Advisory Committee and Rob Altman will be moderating the America’s Future Series – Joint Military Pitch Day. This virtual event is scheduled to take place on October 26, 2020. He also mentioned Mayor Cheney’s Veteran Holiday Social will take place on December 10th of this year. Mayor Jeff Cheney reminded the audience that October is Breast Cancer Awareness Month. Mayor Jeff Cheney continued with the Consent Agenda. CITIZEN INPUT (to begin approximately at 7:30 p.m.) Jason Abati, 1786 Mustang Trail, Frisco, Texas, expressed his concerns regarding the pruning of the trees surrounding The Trails of West Frisco neighborhood. Mayor Jeff Cheney then returned to Agenda Item #9. 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 Page 5 of 12  Items #13 through #27. 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) 13. Consider and act upon the approval of Minutes. (CSO/KM) A. Consider and act upon the approval of the October 6, 2020 City Council Work Session Meeting Minutes. (CSO/KM) B. Consider and act upon the approval of the October 6, 2020 Regular City Council Meeting Minutes. (CSO/KM) 14. Consider and act upon authorizing the City Manager to execute a Development Agreement by and between the City of Frisco and FSWC, LP. (CMO/BB) 15. Consider and act upon approval of a Resolution authorizing the First Amendment to North Texas Municipal Water District Regional Water Supply Facilities Amendatory contract and authorizing the Mayor to execute the contract. (CMO) RESOLUTION 2020-10-64R 16. Consider and act upon award of bid to Tejas Utilities LLC authorizing the City Manager to execute a Standard Form of Agreement for Construction Services for Installation of a Traffic Signal on FM 423 at Old Newman Road (Bid No. 2005-059). (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 Coit Road Widening (Main Street – SH 121) (Bid No. 2012-027) and authorizing construction phase contingencies. (Engineering/MM) 18. Consider and act upon approval of a Resolution authorizing the City Manager to update the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Interlocal Agreements with Collin County for the allocation of CARES Act Funding to the City of Frisco from the United States Department of the Treasury passed through Collin County. (Financial Services/JH) RESOLUTION 2020-10-65R 19. Consider and act upon approval of a purchase order to Dealers Electrical Supply for the purchase of roadway lighting equipment and supplies during FY 2021. (Administrative Services/DF) Page 6 of 12 20. Consider and act upon rejection of all proposals for Request for Proposal #2008-084 General Disaster Recovery and Restoration Services. (Administrative Services/DF) 21. Consider and act upon approval of a purchase order to Graybar Electric Company, Inc. for the purchase of traffic engineering communication equipment and supplies during FY 2021. (Administrative Services/DF) 22. Consider and act upon approval of purchase orders with Bean Electrical for traffic signal and miscellaneous traffic construction services during FY 2021. (Engineering/DF) 23. Consider and act upon approval for the City Manager to execute an Interlocal Agreement with Town of Prosper for geographic information system services during FY 2021. (IT/DF) 24. 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) 25. Consider and act upon approval authorizing the City Manager to execute an Interlocal Agreement with Frisco Economic Development Corporation for geographic information system services during FY 2021. (IT/DF) 26. Consider and act upon authorizing the City Manager to execute an agreement with Motorola Systems, Inc., for annual radio system support/maintenance and portable radios for FY 2021. (Police/DF) 27. 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 28. Public Hearing: A request to amend the Zoning Ordinance Section 3.02.01, Conditional Development Standards concerning the Original Town Commercial district and alcohol uses, and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA20-0005. (Development Services/AS) Deputy Mayor Pro-Tem Shona Huffman moved to open the Public Hearing. Mayor Pro-Tem Will Sowell seconded the motion. Passed Vote: 6 – 0 Page 7 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) 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 amend the Zoning Ordinance Section 3.02.01, Conditional Development Standards concerning the Original Town Commercial district and alcohol uses, and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA20-0005. 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 approval of an amended and restated Master Development Agreement for The Gate by and between City of Frisco, Texas, Frisco Economic Development Corporation, Frisco Community Development Corporation, IGO-USA LP, and IGO-FRISCO 1 LLC. (CMO/RP) Mayor Pro-Tem Will Sowell moved to approve an amended and restated Master Development Agreement for The Gate by and between City of Frisco, Texas, Frisco Economic Development Corporation, Frisco Community Development Corporation, IGO-USA LP, and IGO-FRISCO 1 LLC. 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 Page 8 of 12  Member Brian Livingston Against: (None) 30. Consider and act upon approval of a Chapter 380 Agreement by and between City of Frisco, Texas and John Hickman, LLC. (CMO/RP) Mayor Pro-Tem Will Sowell moved to approve a Chapter 380 Agreement by and between City of Frisco, Texas and John Hickman, LLC. 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) 31. Consider and act upon the adoption of an Ordinance amending Ordinance Number 2020-10-70, 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 2020-10-71 Mayor Pro-Tem Will Sowell moved to approve the adoption of an Ordinance amending Ordinance Number 2020-10-70, 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. 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) 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 8:15 p.m. Mayor Pro-Tem Will Sowell seconded the motion. Passed Page 9 of 12  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. 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. ii. South of Eldorado Parkway, north of Main Street, 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 or to deliberate the offer of a financial or other incentive to a business prospect. 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 9:02 p.m. Mayor Pro-Tem Will Sowell seconded the motion. Passed Vote: 5 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, 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. 32. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda. Page 10 of 12  Mayor Jeff Cheney requested Staff follow-up on a citizen’s concern regarding the pruning of the trees surrounding The Trails of West Frisco neighborhood. 33. Discussion on Governance Monitoring of present City Council Meeting. Council Member Bill Woodard was responsible for the Governance Monitoring for this Council Meeting and gave Council an “A” rating. ADJOURN Council Member Tim Nelson moved to adjourn at 9:03 p.m. Deputy Mayor Pro- Tem Shona Huffman seconded the motion. Passed Vote: 5 – 0 For: Mayor Pro-Tem Will Sowell, Deputy Mayor Pro-Tem Shona Huffman, Council Member Bill Woodard, Council Member Tim Nelson, Council Member Brian Livingston Against: (None) Approved this 2nd day of November 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 11 of 12 EXHIBIT A Page 12 of 12