May 15, 2018 City Council
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Call to Order - 1. ROLL CALL
Call to Order
1. ROLL CALL»
Closed Session 1 - Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit;
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 Exide cleanup/remediation of hazardous and non-hazardous waste.
ii. Receive legal advice regarding Civil Action No. 4:17-cv-00311, Exide Technologies v. The City of Frisco, Frisco Economic Development Corporation and Frisco Community Development Corporation in the United States District Court for the Eastern District of Texas.
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 Ordinance No.08-07-67, amended by Ordinance No. 14-05-25.
v. 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.
B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located:
i. South of US 380, west of Preston Rd, north of Eldorado and east of Teel Parkway.
ii. South of Warren Parkway, north of SH 121, east of Legacy Drive and west of Preston Road.
iii. South of Eldorado Parkway, west of the Preston Road, east of Legacy and north of Stonebrook Parkway.
C. Section 551.074. Personnel Matters: Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session:
i. Discussion regarding the annual evaluation of the Municipal Judge Art Maldonado.
D. 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.
Closed Session 1
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit;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 Exide cleanup/remediation of hazardous and non-hazardous waste.
ii. Receive legal advice regarding Civil Action No. 4:17-cv-00311, Exide Technologies v. The City of Frisco, Frisco Economic Development Corporation and Frisco Community Development Corporation in the United States District Court for the Eastern District of Texas.
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 Ordinance No.08-07-67, amended by Ordinance No. 14-05-25.
v. 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.
B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located:
i. South of US 380, west of Preston Rd, north of Eldorado and east of Teel Parkway.
ii. South of Warren Parkway, north of SH 121, east of Legacy Drive and west of Preston Road.
iii. South of Eldorado Parkway, west of the Preston Road, east of Legacy and north of Stonebrook Parkway.
C. Section 551.074. Personnel Matters: Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session:
i. Discussion regarding the annual evaluation of the Municipal Judge Art Maldonado.
D. 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.
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Item 3 (Part 1 of 2) - Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
INVOCATION
PLEDGE OF ALLEGIANCE
Item 3 (Part 1 of 2)
Reconvene into Regular Session and take any action necessary as a result of the Closed Session.INVOCATION
PLEDGE OF ALLEGIANCE
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Item 4 - INDIVIDUAL ITEMS
Consider and act upon canvassing the election returns of the May 5, 2018 General Election for the purpose of electing two members of the Frisco City Council (Place 1 and 3) to fill expiring terms; declaring the results of the General Election; providing savings, repealing and severability clauses and an effective date. Considere y actúe sobre el escrutinio de las vueltas de la elección de la elección general del 5 de mayo de 2018 con el fin de elegir a dos miembros del Consejo de ciudad de Frisco (lugar 1 y 3) para llenar términos que expiran; declarar los resultados de las elecciones generales; proporcionar cláusulas de ahorro, derogación y Divisibilidad y una fecha efectiva. (CSO/JP)
Item 4
INDIVIDUAL ITEMSConsider and act upon canvassing the election returns of the May 5, 2018 General Election for the purpose of electing two members of the Frisco City Council (Place 1 and 3) to fill expiring terms; declaring the results of the General Election; providing savings, repealing and severability clauses and an effective date. Considere y actúe sobre el escrutinio de las vueltas de la elección de la elección general del 5 de mayo de 2018 con el fin de elegir a dos miembros del Consejo de ciudad de Frisco (lugar 1 y 3) para llenar términos que expiran; declarar los resultados de las elecciones generales; proporcionar cláusulas de ahorro, derogación y Divisibilidad y una fecha efectiva. (CSO/JP)
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Item 5 - Issuance of the Statement of Elected Officer, Oath of Office and Certificate of Election to John Keating, Place 1 and Will Sowell, Place 3. (CSO/JP)
Item 5
Issuance of the Statement of Elected Officer, Oath of Office and Certificate of Election to John Keating, Place 1 and Will Sowell, Place 3. (CSO/JP)»
Item 6 - Consider and act upon nomination and election of Mayor Pro-Tem. (CSO/JP)
Item 6
Consider and act upon nomination and election of Mayor Pro-Tem. (CSO/JP)»
Item 7 - Consider and act upon nomination and election of Deputy Mayor Pro-Tem. (CSO/JP)
Item 7
Consider and act upon nomination and election of Deputy Mayor Pro-Tem. (CSO/JP)»
Proclamations - 8. Recognition of Eagle Scout Matthew Detrick.
9. Chris Buccambuso the Voice of Sport City USA
10. National Bike Month
Proclamations
8. Recognition of Eagle Scout Matthew Detrick.9. Chris Buccambuso the Voice of Sport City USA
10. National Bike Month
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Item 11 - REPORTS
Financial Services Report for April 2018
Item 11
REPORTSFinancial Services Report for April 2018
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Item 12 - Police Department's crime statistics and response times for the month of April 2018.
Item 12
Police Department's crime statistics and response times for the month of April 2018.»
Item 13 - Fire Department Monthly Report on Incident Response and Educational Activities, April 2018.
Item 13
Fire Department Monthly Report on Incident Response and Educational Activities, April 2018.»
Item 14 - Visit Frisco April marketing and sales reports.
Item 14
Visit Frisco April marketing and sales reports.»
Item 15 - Human Resources Quarterly Report for 2018 – January - March
Item 15
Human Resources Quarterly Report for 2018 – January - March»
Item 16 - Development Services Activity Monthly Update Report for the Month of April, 2018
Item 16
Development Services Activity Monthly Update Report for the Month of April, 2018»
Item 17 - 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, Public Relations and Messaging Committee, North Texas Commission and Regional Transportation Council.
Item 17
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, Public Relations and Messaging Committee, North Texas Commission and Regional Transportation Council.»
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.)
18. Consider and approve a Consent to Assignment and Assumption for the Embassy Suites Master Development Agreement, the Conference Center Lease and the Parking Facility Lease and authorizing the City Manager to execute all necessary documents and ratification of his execution of those documents. (CMO)
19. Consider and act upon award of bid to DDM Construction Corp. and authorizing the City Manager to execute a Standard Form of Agreement for Construction Services for 2018 Sidewalk Improvements (Various Locations) (Bid No. 1803-056) and authorizing construction phase contingencies. (Engineering/TN)
20. Consider and act upon adoption of a Resolution authorizing the City Manager to execute a Development Agreement by and between the City of Frisco and Coit 25 Partners, LP for right of way, temporary construction easement and a temporary drainage easement for construction, access, and maintenance of Coit Road from US 380 to approximately 925 feet south of US 380. (Engineering/JW)
21. Consider and Act Upon Authorizing the City Manager to Execute an Agreement between the City and the Frisco Association for the Arts (Financial Services/AC)
22. Acceptance of Quarterly Investment Report for the period January 1, 2018 – March 31, 2018 (Financial Services/AC)
23. Consider and act upon authorizing the City Manager to execute an agreement by and between the City of Frisco and The Broussard Group, Inc. dba TBG Partners (TBG) for the design services of “Hackberry Knoll Park”. (Parks/KL)
24. Consider and act upon authorizing the City Manager to execute an agreement by and between the City of Frisco and Freese and Nichols, Inc. for the design services of “Warren Sports Complex Reinvestment”. (Parks/KL)
25. Consider and act upon rejection of all bids for Competitive Sealed Bid #1802-036 Vertical Pump Parts and Repairs. (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)
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.)18. Consider and approve a Consent to Assignment and Assumption for the Embassy Suites Master Development Agreement, the Conference Center Lease and the Parking Facility Lease and authorizing the City Manager to execute all necessary documents and ratification of his execution of those documents. (CMO)
19. Consider and act upon award of bid to DDM Construction Corp. and authorizing the City Manager to execute a Standard Form of Agreement for Construction Services for 2018 Sidewalk Improvements (Various Locations) (Bid No. 1803-056) and authorizing construction phase contingencies. (Engineering/TN)
20. Consider and act upon adoption of a Resolution authorizing the City Manager to execute a Development Agreement by and between the City of Frisco and Coit 25 Partners, LP for right of way, temporary construction easement and a temporary drainage easement for construction, access, and maintenance of Coit Road from US 380 to approximately 925 feet south of US 380. (Engineering/JW)
21. Consider and Act Upon Authorizing the City Manager to Execute an Agreement between the City and the Frisco Association for the Arts (Financial Services/AC)
22. Acceptance of Quarterly Investment Report for the period January 1, 2018 – March 31, 2018 (Financial Services/AC)
23. Consider and act upon authorizing the City Manager to execute an agreement by and between the City of Frisco and The Broussard Group, Inc. dba TBG Partners (TBG) for the design services of “Hackberry Knoll Park”. (Parks/KL)
24. Consider and act upon authorizing the City Manager to execute an agreement by and between the City of Frisco and Freese and Nichols, Inc. for the design services of “Warren Sports Complex Reinvestment”. (Parks/KL)
25. Consider and act upon rejection of all bids for Competitive Sealed Bid #1802-036 Vertical Pump Parts and Repairs. (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)
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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.)
27. Consider and act upon adoption of an Ordinance for a Specific Use Permit to allow the use of a Major Automobile Repair Facility on one lot on 0.7± acres on the east side of Preston Road, 285± feet north of John Hickman Parkway. Zoned Planned Development-82-Commercial-1. Neighborhood #29. SS Specific Use Permit Case No. SUP17-0014. (Development Services/AL)
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.)27. Consider and act upon adoption of an Ordinance for a Specific Use Permit to allow the use of a Major Automobile Repair Facility on one lot on 0.7± acres on the east side of Preston Road, 285± feet north of John Hickman Parkway. Zoned Planned Development-82-Commercial-1. Neighborhood #29. SS Specific Use Permit Case No. SUP17-0014. (Development Services/AL)
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Item 28 - REGULAR AGENDA
Public Hearing: Specific Use Permit Case SUP18-0002. A request for a Specific Use Permit for a Private Club on a portion of one lot on 0.1± acre on the north side of Gaylord Parkway, 880± feet west of Dallas Parkway and to consider to direct Staff to prepare an Ordinance of the same. Zoned Planned Development-59-Business Center. Neighborhood #34. (Development Services/SS)
Item 28
REGULAR AGENDAPublic Hearing: Specific Use Permit Case SUP18-0002. A request for a Specific Use Permit for a Private Club on a portion of one lot on 0.1± acre on the north side of Gaylord Parkway, 880± feet west of Dallas Parkway and to consider to direct Staff to prepare an Ordinance of the same. Zoned Planned Development-59-Business Center. Neighborhood #34. (Development Services/SS)
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Item 29 - Public Hearing: Zoning: Amendment to Planned Development-77 (Z18-0007). A request to repeal Ordinance No. 99-09-06 and all other ordinances governing the zoning of that certain property consisting of 43.5± acres on the northeast corner of Dallas Parkway and Lebanon Road (the "Property"), and to amend the Zoning Ordinance (Ordinance No. 11-04-09, as amended) and to rezone the Property as Planned Development-77-Commercial-1, adopting signage standards applicable to the property. Zoned Planned Development-77-Commercial-1. Neighborhood #23. AL
Item 29
Public Hearing: Zoning: Amendment to Planned Development-77 (Z18-0007). A request to repeal Ordinance No. 99-09-06 and all other ordinances governing the zoning of that certain property consisting of 43.5± acres on the northeast corner of Dallas Parkway and Lebanon Road (the "Property"), and to amend the Zoning Ordinance (Ordinance No. 11-04-09, as amended) and to rezone the Property as Planned Development-77-Commercial-1, adopting signage standards applicable to the property. Zoned Planned Development-77-Commercial-1. Neighborhood #23. AL»
Item 30 - City Council to consider and approve Repealing Ordinance 06-05-52 and Amending Frisco’s Code of Ordinance NO. 06-03-31, as amended, Chapter 94 (Utilities) Article VI (Cross Connections) to Replaced Existing Backflow Prevention Regulations with New Regulations (PW/LJ)
Item 30
City Council to consider and approve Repealing Ordinance 06-05-52 and Amending Frisco’s Code of Ordinance NO. 06-03-31, as amended, Chapter 94 (Utilities) Article VI (Cross Connections) to Replaced Existing Backflow Prevention Regulations with New Regulations (PW/LJ)»
Item 31 - Consider and Act Upon Approval of Amendment to Ordinance No. 17-09-66 Adopting the City of Frisco Fiscal Year 2018 Budget. (Financial Services/JH)
Item 31
Consider and Act Upon Approval of Amendment to Ordinance No. 17-09-66 Adopting the City of Frisco Fiscal Year 2018 Budget. (Financial Services/JH)»
Item 32 - Consider and Act Upon Approval of Amendment to Ordinance No. 17-09-68 Adopting the City of Frisco Economic Development Corporation Fiscal Year 2018 Budget (Financial Services/JH)
Item 32
Consider and Act Upon Approval of Amendment to Ordinance No. 17-09-68 Adopting the City of Frisco Economic Development Corporation Fiscal Year 2018 Budget (Financial Services/JH)»
Item 33 - Consider and Act Upon Approval of an Amendment to Ordinance No. 17-09-67 Adopting the City of Frisco Community Development Corporation (FCDC) Fiscal Year 2018 Budget (Financial Services/JH)
Item 33
Consider and Act Upon Approval of an Amendment to Ordinance No. 17-09-67 Adopting the City of Frisco Community Development Corporation (FCDC) Fiscal Year 2018 Budget (Financial Services/JH)»
Closed Session 2 - Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit;
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 Exide cleanup/remediation of hazardous and non-hazardous waste.
ii. Receive legal advice regarding Civil Action No. 4:17-cv-00311, Exide Technologies v. The City of Frisco, Frisco Economic Development Corporation and Frisco Community Development Corporation in the United States District Court for the Eastern District of Texas.
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 Ordinance No.08-07-67, amended by Ordinance No. 14-05-25.
v. 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.
B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located:
i. South of US 380, west of Preston Rd, north of Eldorado and east of Teel Parkway.
ii. South of Warren Parkway, north of SH 121, east of Legacy Drive and west of Preston Road.
iii. South of Eldorado Parkway, west of the Preston Road, east of Legacy and north of Stonebrook Parkway.
C. Section 551.074. Personnel Matters: Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session:
i. Discussion regarding the annual evaluation of the Municipal Judge Art Maldonado.
D. 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.
Closed Session 2
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit;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 Exide cleanup/remediation of hazardous and non-hazardous waste.
ii. Receive legal advice regarding Civil Action No. 4:17-cv-00311, Exide Technologies v. The City of Frisco, Frisco Economic Development Corporation and Frisco Community Development Corporation in the United States District Court for the Eastern District of Texas.
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 Ordinance No.08-07-67, amended by Ordinance No. 14-05-25.
v. 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.
B. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located:
i. South of US 380, west of Preston Rd, north of Eldorado and east of Teel Parkway.
ii. South of Warren Parkway, north of SH 121, east of Legacy Drive and west of Preston Road.
iii. South of Eldorado Parkway, west of the Preston Road, east of Legacy and north of Stonebrook Parkway.
C. Section 551.074. Personnel Matters: Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session:
i. Discussion regarding the annual evaluation of the Municipal Judge Art Maldonado.
D. 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.
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Item 3 (Part 2 of 2) - Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Item 3 (Part 2 of 2)
Reconvene into Regular Session and take any action necessary as a result of the Closed Session.»
Item 34 - City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda.
Item 34
City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight's agenda.»
Item 35 - Discussion on Governance Monitoring of present City Council Meeting.
ADJOURN
Item 35
Discussion on Governance Monitoring of present City Council Meeting.ADJOURN
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