REGULAR CITY COUNCIL MEETING

FRISCO MUNICIPAL COMPLEX

8750 MCKINNEY ROAD

COUNCIL CHAMBERS

FRISCO, TEXAS 75034

5:30 p.m.

 

Tuesday

November 15, 2005

           

AGENDA

 

1. Call to Order.

 

2. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit;

a.      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.

b.      Section 551.072.   To deliberate the purchase, exchange, lease or value of real property located:

                                                      i.          South of Eldorado Parkway, North of Stonebrook Parkway, East of FM 423, and West of Preston Road

                                                    ii.          South of US 380, North of Panther Creek Parkway, East of FM 423, and West of Future Teel Parkway.

c.      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.          Potential litigation against terminated employee;

                                                    ii.          Report on mediation with F&S Partners, Inc. and possible litigation;

                                                  iii.          Report on mediation with TRC/Hunter Associates and possible litigation.

 

3. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.

 

4. Pledge of Allegiance.

 

5. Invocation.

 

6. Citizen Input. (To begin approximately at 7:30 p.m.)

 

7. Reports

A)    Recognition of Fire and Police Officers who participated in Relief Services for Hurricanes Katrina and Rita

B)    Public Works Monthly Report

C)    Library Monthly Report

D)    Building Permit, Code Enforcement, and Animal Control Monthly Reports

E)    Fire Department Monthly Report

F)     Police Department Monthly Report

G)    Administrative Services Monthly Report

H)    Convention & Visitors Bureau Monthly Report

 

8.  Consent Agenda:

(Items placed on the Consent are considered routine in nature and are considered non-controversial.  The Consent Agenda can be acted upon in one motion.  A majority vote 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.)

A)    Consider and act upon approval of the Minutes of the Special Called Meeting with the Board of Adjustment held on November 1, 2005 and the Regular City Council Meeting held on November 1, 2005.  (City Secretary)

 

B)    Consider and act upon the adoption of a Resolution suspending the proposal by Atmos Energy Mid-Tex Division to implement interim GRIP rate adjustments for gas utility investment in 2004. (City Manager’s Office/AG)

 

C)    Consider and act upon the approval of an amendment to the Agreement by and between Larry Kirkland and the City of Frisco for artist’s services to create two (2) sculptures, altering the description of the Pizza Hut Park Community Fields Sculpture, and adoption of a Resolution authorizing the City Manager to execute the Agreement. (City Manager’s Office/AG)

 

D)    Consider and act upon the approval of a change order to Holzman Moss Architecture for field representative services. (City Manager’s Office/AG)

 

E)    Consider and act upon the approval of an Agreement by and between Eliseo Garcia and the City of Frisco for artist’s services to create a work of Public Art for the Recreation/Aquatic Center, and adoption of a Resolution authorizing the City Manager to execute the Agreement. (City Manager’s Office/AG)

 

F)     Consider and act upon approval of tax refunds over $500. (Administrative Services)

 

G)    Consider and act upon the adoption of a Resolution endorsing a statement of principles for the implementation of a Regional Rail System in North Central Texas. (City Council/MS)

 

H)    Consider and act upon authorization for the City Manager to execute Change Order #2 to the Professional Services Agreement by and between the City of Frisco and Pierce, Goodwin, Alexander and Linville, (PGAL) for the design of the Frisco Police Facility. (Engineering)

 

I)        Consider and act upon authorization for the City Manager to execute Change Order #1 to the Construction Manager at Risk Agreement by and between the City of Frisco and Lee Lewis Construction, Inc. for the construction of the Frisco Soccer and Entertainment Complex. (Engineering)

 

J)      Consider and act upon authorization for the City Manager to execute Change Order #2 to the Professional Services Agreement by and between the City of Frisco and RLK Engineering, Inc. for the design of Coit Road (Lebanon Road to Rolater Road). (Engineering)

 

K)    Consider and act upon approval of Change Order #1 to Lee Engineering for Additional Services under Traffic Engineering Services Agreement. (Engineering)

 

L)     Consider and act on purchase of ten (10) police package Chevrolet Tahoes from Lynn Smith Chevrolet in Burleson. (Police)

 

9. 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.) 

A)    Consider and act upon repeal of Ordinance No. 04-04-27 and adoption of an ordinance for Planned Development-179, 41.2+ acres on the southwest corner of Teel Parkway and High Shoals Drive.  Zoning Case Z05-0036.  Neighborhood #42.  (Planning & Development Services)

 

B)    Consider and act upon adoption of an ordinance for a Specific Use Permit for a Day Care Center on 0.7+ acre located on the south side of Lebanon Road, 300+ feet west of Ohio Drive.  Zoned Commercial-1 with a Specific Use Permit (S-138) for a Day Care Center.  Neighborhood #29.  Specific Use Permit Case SUP05-0014.  (Planning & Development Services)

 

Regular Agenda:

10. Public Hearing:  Zoning Ordinance Amendment ZA05-0004, A request to amend Article II, Sections 3 and 4; Article III, Section 3; and Article IV, Section 5 of the Comprehensive Zoning Ordinance regarding Outside Storage and Outside Display requirements and consider and act to direct staff to prepare an Ordinance of the same.  (Planning and Development Services)

 

11. Public Hearing:  Abandonment of Sanitary Sewer Easements for Country Club Ridge at The Trails, Phase 2. (Engineering)

 

12. Public Hearing:  Abandonment of Street Easements for Country Club Ridge at The Trails, Phase 2. (Engineering)

 

13. Consider and act upon adoption of a Resolution concerning rescinding Resolution 05-08-151R regarding the tolling of SH 121 in Collin County. (City Manager)

 

14. Consider and act upon the appointment of seven (7) members to the Downtown Advisory Board. (City Manager’s Office/JM)

 

15. Consider and act upon approval of a Resolution authorizing the City Manager to execute a Letter Agreement by and between the City of Frisco, Frisco Tax Increment Reinvestment Zone #1, and the Collin County Community College District. (City Manager’s Office/JG)

 

16. Consider and act upon direction to city staff for Frisco Square Plaza design. (City Manager’s Office/SY)

 

17. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the City Council to Planning & Development Services, pursuant to Article IV, Section 1.07(C) of the Comprehensive Zoning Ordinance and/or Section 4.05 of the Subdivision Regulation Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or plat.  Any written notice of appeal must be submitted to Planning & Development Services.

 

18. City Council discussion with City Staff concerning any actions required by City Staff as a result of any item on tonight’s agenda.

 

19. Discussion on Governance Monitoring of present City Council Meeting.

 

20. Adjourn.

CERTIFICATION

 

I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the outside bulletin board, at the City Hall of the City of Frisco, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on the following date and time:

 

 By Friday, November 11, 2005 at 5:30 p.m. and remained so posted at least 72 hours before said meeting was convened.

 

 

                                                           

Jason Gray, Assistant City Manager

 

If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et seq., will be held by the City Council at the date, hour and place given in this notice or as soon after the commencement of the meeting covered by this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes:

 

Texas Government Code Section:

 

§551.071 - Private consultation with the attorney for the City.

§551.072 - Discussing purchase, exchange, lease or value of real property.

§551.074 - Discussing personnel or to hear complaints against personnel.

 

NOTICE

 

Pursuant to City of Frisco Ordinance Number 01-04-29 all speakers other than City of Frisco Staff are limited to five (5) minutes per item except by prior consent of the City Council.

 

NOTICE OF ASSISTANCE AT PUBLIC MEETINGS The Frisco Council Chambers are wheelchair accessible. Access to the building and special parking are available at the primary west entrance facing McKinney Road. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s Office at (972) 335-5551 or by FAX (972) 335-5559.  BRAILLE IS NOT AVAILABLE.