Dec 03, 2024 City Council

IN THE SPIRIT OF PLAY, I WILL PLAY ALONG.

MY NAME IS SHANNON COATES.

I AM THE DIRECTOR OF PLAY FRISCO.

I AM NOT IN SCHOOL ANY LONGER.

I'M OLDER THAN I WAS LAST YEAR, AND I'M LOOKING FORWARD TO MY PARENTS COMING FOR TWO WEEKS.

I HAVEN'T SEEN THEM IN TWO YEARS.

SO SUPER EXCITED.

SO WE HAVE JUST A COUPLE OF THINGS FOR YOU, AS ALWAYS.

SO AS THE STRESS OF THE HOLIDAYS AND ALSO THE JOY OF THE HOLIDAYS IS UPON US, WE DO ASK THAT YOU REMEMBER TO FIND A WAY TO PLAY.

AND TO HELP ENSURE THAT PEOPLE HAVE THE OPPORTUNITY TO DO THAT, WE TAKE GREAT PRIDE IN MAKING SURE THAT WE'RE PROVIDING DIFFERENT WAYS FOR PEOPLE TO PLAY.

SO TONIGHT, I WANTED TO SHOWCASE VERY BRIEFLY THREE NEW THINGS THAT WE DID THIS YEAR.

PUMPKIN SMASH, WHICH WAS A WHOLE LOT OF FUN, AND ALSO BENEFITED A LOT OF CHICKENS AND GOATS AND ANIMALS AFTERWARDS. KNIT NIGHT.

SO IF YOU WANT TO KNOW HOW TO KNIT OR YOU KNOW HOW TO KNIT, IT ACTUALLY WAS SOLD OUT AS SOON AS WE PUT IT UP.

[00:10:02]

I DID NOT KNOW WE HAD SO MANY KNITTERS HERE IN FRISCO.

AND THEN THE DALLAS OPERATRUCK WAS HERE FOR THE THREE LITTLE PIGS.

SO SOME REALLY COOL, INTERESTING, NEW WAYS FOR US TO PLAY.

OF COURSE, AS YOU'RE AWARE, THIS SATURDAY IS A SPECIAL DAY FOR EVERYBODY.

SO WE HAVE OUR FROSTY 5K THAT KICKS OFF IN THE MORNING.

BREAKFAST WITH SANTA, WHICH SELLS OUT AS SOON AS WE PUT IT UP EVERY SINGLE YEAR.

WE ACTUALLY HAVE THREE SEATINGS.

AND THEN WE HAVE OUR MERRY MAIN STREET EVENT WITH OUR TREE LIGHTING AT 06:00 P.M. WE ALSO HAVE WALNUT'S WASAIL WALK.

SO IF YOU LIKE HOT CIDER, THAT'S SOMETHING THAT YOU MIGHT ENJOY OVER AT THE HERITAGE VILLAGE TO TAKE A STEP BACK INTO TIME.

AND THEN WE TYPICALLY DO COFFEE AND CULTURE.

WE'VE ADDED COCOA THIS TIME, SO IT'S COCOA, COFFEE, AND CULTURE.

SO IF YOU'RE INTERESTED IN THAT, THAT'LL BE HELD AT THE DISCOVERY CENTER THIS MONTH.

WE HAD SET A GOAL TO REACH 10,000 FOLLOWERS ON INSTAGRAM, AND WE MET IT.

SO WE DID A LITTLE CELEBRATION.

WE'RE VERY EXCITED ABOUT THAT.

AS MANY PEOPLE KNOW, INSTAGRAM IS SUPER POPULAR, AND SO FOR US TO HIT THAT 10,000 MARK, IT TOOK A LITTLE BIT OF EFFORT, BUT IT REALLY HAS PAID OFF.

AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> THANK YOU. BUSY MONTH OF PROGRAMMING.

COUNCIL, WHAT QUESTIONS DO YOU HAVE?

>> THANK YOU. ITEM 6 IS OUR LIBRARY REPORT.

WE'LL HOLD OFF FROM LIBRARY NOW.

[Engineering Services Monthly Report on planning, design, and construction of roadways, traffic control, water utilities, parks, and trails.]

GO TO ITEM 7, OUR ENGINEERING REPORT.

>> GOOD EVENING. JASON BRODIGAN, DIRECTOR OF ENGINEERING SERVICES.

TONIGHT, I WANTED TO HIGHLIGHT OUR PANTHER CREEK PARKWAY PROJECT AND THE PROGRESS WE'RE MAKING OUT THERE.

HERE IS OUR PANTHER PARKWAY PROJECT DRONE SHOT.

WE'RE BUILDING THE NEW SIX LANE ROADWAY FROM D&T TO PRESTON.

IT'S JUST UNDER TWO MILES.

TOTAL PROJECT COST IS ABOUT $56 MILLION, $30 MILLION OF THAT IS COMING FROM TXDOT.

WE'RE ABOUT 40% COMPLETE THROUGH THE CONSTRUCTION.

HERE, YOU CAN SEE THE PRIMARY WORK THAT'S BEING DONE IS PRELIMINARY GRADING AND BRIDGE WORK.

YOU'RE LOOKING EAST IN THIS PICTURE, AND UNIVERSAL IS ON YOUR LEFT.

AS I STATED, MOST OF THE CONSTRUCTION THAT'S BEEN GOING ON ARE BRIDGES.

THE PICTURE ON THE LEFT, IN THE FOREGROUND IS THE PANTHER CREEK BRIDGE.

SO THAT'S A NEW BRIDGE OVER PANTHER CREEK.

AND THE ONE ON THE RIGHT IS THE NEW BRIDGE OVER THE BURLINGTON NORTHERN SANTA FE RAILROAD.

YOU CAN SEE THE SUBSTRUCTURES GOING IN, AND THE BNSF BRIDGE HAS NEW GIRDERS GOING IN.

LIKE I SAID, WE'RE ABOUT 40% COMPLETE.

BRIDGE WORK HAS BEEN THE PRIMARY, BUT WE EXPECT TO START CONCRETE PAVING IN FEBRUARY.

WE'RE HOPING THAT LANES ARE OPEN IN SEPTEMBER OF NEXT YEAR AND THE PROJECT COMPLETE BY THE END OF NEXT YEAR.

WITH THAT, I'LL HAPPY TO ANSWER ANY QUESTIONS ON THIS PROJECT OR OUR MONTHLY REPORT.

>> AND ON THIS PROJECT, INITIALLY, YOU WERE GOING TO START FROM EAST TO WEST, BUT FROM WHAT I UNDERSTAND, YOU FLIPPED IT SO THAT UNIVERSAL COULD HAVE AN EXTRA GROWING SEASON OF THEIR LANDSCAPE PLANS.

>> WE DID. WE DO WANT TO GET THE PAVEMENT IN NEXT TO UNIVERSAL RIGHT AWAY, SO THEY DO HAVE GROWING TIME, YES.

SO WE'RE DOING THEIR PAVEMENT FIRST IN FEBRUARY.

>> COUNCIL, WHAT OTHER QUESTIONS DO YOU HAVE?

>> JASON, IT'S IN YOUR REPORT, BUT YOU DIDN'T GO OVER IT.

WOULD YOU MIND PROVIDING AN UPDATE ON DOWNTOWN? I KNOW EVERYBODY'S VERY INTERESTED IN HOW THAT'S PROGRESSING AND HOW.

>> OBVIOUSLY, IT'S DISRUPTIVE.

WE'RE DOING OUR BEST TO MANAGE ALL THE TRAFFIC.

I WOULD SAY, BE CAREFUL.

THINGS ARE CHANGING EVERY DAY, BUT WE ARE ON SCHEDULE, AND MAYBE EVEN A LITTLE AHEAD, OPTIMISTICALLY, AS WE ENTER THE WINTER.

WE HAVE CONCRETE PAVEMENT ALL THE WAY TO FIFTH STREET.

WE'RE WORKING ON THE SUBGRADE BETWEEN FIFTH AND NORTH COUNTY, AND WE'LL START PAVING THAT HERE SOON WITH A HOPE FOR SOME TRAFFIC, WHICH IS GOING ON MAYBE EARLY PART OF NEXT YEAR, SO WE CAN GET THE NEXT HALF UNDERWAY.

>> JASON, TO THAT, THERE WAS SOME DISCUSSION ABOUT MAYBE DELAYING A LITTLE BIT OF THE FIFTH STREET WORK THROUGH THE HOLIDAY SEASON.

CAN YOU SPEAK TO THAT A LITTLE BIT?

>> WE HAVE SOME MEETINGS GOING ON WHERE WE INVITE BUSINESS OWNERS IN AND LET THEM TELL US ABOUT HOW THINGS ARE IMPACTING THEM AND HOW WE CAN IMPROVE THINGS.

AND ONE OF THE FEEDBACK WE HAD ANNOUNCED THAT WE WERE GOING TO DO SOME WATER LINE WORK AND PAVEMENT WORK ON FIFTH STREET.

AND THAT WAS GOING TO REQUIRE A CLOSURE, AND THE BUSINESS OWNERS ASKED US THAT BEING A BUSY TIME OF YEAR IF WE COULD HOLD OFF.

WE'VE WORKED WITH OUR CONTRACTOR AND WE'LL BE ABLE TO HOLD OFF UNTIL JANUARY SO THAT WE CAN AVOID THAT DISRUPTION.

[00:15:05]

>> WE'LL GO BACK TO ITEM 6, OUR LIBRARY REPORT.

[Library Report on monthly statistics and activities.]

>> HI, I'M SORRY. I WAS UNEXPECTEDLY DELAYED.

MY NAME IS SHELLEY HOLLEY.

I'M THE LIBRARY DIRECTOR.

YOU HAVE MY REPORT IN FRONT OF YOU AND UNLESS YOU HAVE ANY QUESTIONS, OR I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> ANSWER WHAT QUESTIONS? ORNAMENTS ARE STILL AVAILABLE.

>> EXCUSE ME?

>> ORNAMENTS ARE STILL AVAILABLE?

>> YES, THANK YOU.

>> ORNAMENTS ARE AVAILABLE.

THEY CELEBRATE THE SHAWNEE TRAIL THIS YEAR.

THERE ARE A COUPLE OF PAST YEAR ORNAMENTS WHERE THEY HAVE A FEW LEFT.

WE HAVE SOME SMITH MEUS ORNAMENTS AND A FEW OTHERS FOR THOSE WHO WANT TO MAKE SURE YOUR COLLECTION IS COMPLETE.

THESE CAN BE PURCHASED AT THE LIBRARY AT THE FRIENDS BOOKSHOP.

WHERE YOU CAN ALSO BUY A WHOLE LOT OF OTHER GREAT THINGS AND SUPPORT THE LIBRARY IN THAT WAY. THANK YOU.

>> SHELLEY, I ALSO SAW THAT IT IS YOUR 23RD ANNIVERSARY IN THE REPORT.

THANK YOU SO MUCH FOR ALL YOU'VE DONE TO GUIDE OUR LIBRARY INTO WHAT IT IS TODAY.

>> THANK YOU. I STARTED WHEN I WAS 13.

YES. [LAUGHTER] BUT THANK YOU FOR THAT ACKNOWLEDGMENT.

>> ANYTHING ELSE? THANK YOU, SHELLEY.

[Public Works Monthly Report on water production, service requests, and storm water updates.]

ITEM 8 IS OUR PUBLIC WORKS REPORT.

GABE JOHNSON, DIRECTOR OF PUBLIC WORKS.

REPORTS IN THE PACKET.

JUST ONE THING TO NOTE, WE DID HOST OUR CITY HALL 111 CITIZENS LAST NIGHT.

WE HAD ABOUT 30 SHOW UP.

ALWAYS LOVE TO SHOW OFF THE BUILDING AND TALK TO THEM ABOUT WHAT WE DO IN PUBLIC WORKS.

THEN NEXT MONDAY, WE'RE HOSTING THE MAYOR'S YOUTH COUNCIL, SO I'D BE HAPPY TO TALK TO THEM AND LET THEM KNOW WHAT WE DO.

>> COUNCIL, ANY QUESTIONS?. THANK YOU.

[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.]

ITEM 9, OUR COUNCIL SUBCOMMITTEE REPORTS.

COUNCIL ANY UPDATES.

>> YES, SO THE GOVERNANCE COMMITTEE MET TONIGHT, AND WE INSTITUTED SOMETHING NEW THIS YEAR, WHICH IS TO HAVE ANNUAL REPORTS FROM EACH OF THE BOARDS AND COMMISSIONS, SOMETHING WE HADN'T DONE BEFORE.

ALL OF THE BOARDS DID SEND US A ONE PAGER ON WHAT THEY ARE WORKING ON, AND THEN THEY WILL ALSO BE REPORTING TO THE GOVERNANCE COMMITTEE IN PERSON, SO WE CAN FOSTER MORE QUESTIONS, ANSWERS, RELATIONSHIP WITH THOSE THAT WE ARE APPOINTING TO THESE BOARDS.

THEN WE ALSO HAD AN UPDATE ON THE DOWNTOWN ADVISORY BOARD.

THERE'S A FEW MORE CHANGES IN THERE, TOO YOU CAN LOOK AT THE MINUTES, BUT THAT'S THE UPDATE.

>> AMY ANY OTHER UPDATES?

>> FRISCO VETERANS ADVISORY COMMITTEE MET RECENTLY.

WE ARE PROUD TO RENOUNCE THE MAYOR'S VETERANS SOCIAL.

WE'LL BE SCHEDULED ON DECEMBER 19. VENUE TO BE DETERMINED.

WE'LL GET THAT OUT EVERYBODY HERE PRETTY SOON.

THEN ON OUR PURPLE HEART MONUMENT FUNDRAISING EFFORT, WE HAVE A GOAL OF $50,000.

WE'RE AT 41,000, IF YOU'D LIKE TO HELP OUT, BUILD A PURPLE HEART MONUMENT AT THE VETERANS MEMORIAL AT FRISCO COMMONS PARK.

YOU CAN GOOGLE HELP FRISCO, BUILD A PURPLE HEART MONUMENT AND CLICK ON THE LINK AND DONATE THERE.

WE'RE HOSTED PROUDLY BY THE NATIONAL MILITARY ORDER OF THE PURPLE HEART.

THEY ARE OUR 501C3 PARTNER SO YOU WILL GET A 501C3 TAX LETTER FROM THEM.

IT'S PRETTY COOL AND WE'RE PROUD OF THAT RELATIONSHIP, AND OUR GOAL IS TO HAVE THAT MONUMENT IN PLACE BY MEMORIAL DAY.

>. YOU DON'T. HEY, THAT WILL MOVE US INTO OUR CONSENT 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 ON ONE MOTION.

MAJORITY OF THE COUNCIL IS REQUIRED TO MOVE ANY ITEM FOR DISCUSSION AND SEPARATE ACTION.

COUNCIL MEMBERS MAY VOTE A ON ANY ITEM WITHOUT COMMENT AND MAY SUBMIT WRITTEN COMMENTS AS PART OF THE OFFICIAL RECORD.

COUNCIL ITEMS 10-33 FOR CONSIDERATION.

>> MOVE TO APPROVE 10-33.

>> THAT PASSES 5:0. THE LEGISLATIVE AGENDA,

[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 A ONE MOTION.

THE CONCURRENCE OF TWO COUNCIL MEMBERS IS REQUIRED TO REMOVE ANY ITEM FOR SEPARATE DISCUSSION AND ACTION.

COUNCIL MEMBERS MAY VOTE A ON ANY SINGLE ITEM WITHOUT COMMENT AND MAY SUBMIT WRIT COMMENTS AS PART OF THE OFFICIAL RECORD AND WE HAVE ONE ITEM, ITEM 34.

[00:20:03]

>> YOU DON'T WANT TO READ THE WHOLE THING? [LAUGHTER] MOVE TO APPROVE ITEM 34.

>> SECOND BY JOHN. ALL IN FAVOR?

>> THAT PASSES 5:0. HOW MANY PEOPLE DO WE HAVE?

>> FOR CITIZEN INPUT, JUST THREE.

>> WE'LL GO AHEAD AND DO CITIZEN INPUT. TERMS OF TAMMY.

>> SO FOR CITIZEN INPUT, THESE ARE FOUR ITEMS THAT ARE NOT ON THE AGENDA.

WE HAVE THREE OF THOSE TONIGHT, FIRST IS MAUREEN JOHNS AND NEXT AFTER THAT, WE'LL HAVE REX ORIOCO.

MY NAME IS MAUREEN JOHNS, AND I AM A RESIDENT OF FRISCO, RESIDING AT 101-110 NOEL DRIVE, FRISCO, TEXAS 75035.

I HAVE THE DISTINCT PRIVILEGE OF SERVING ON THE CITY'S SOCIAL SERVICES AND HOUSING BOARD.

AND SO I'M COMING HERE TONIGHT AS A CITIZEN TO REMIND ALL OF YOU HERE AND IN THE AUDIENCE AND THOSE WATCHING ONLINE ABOUT OUR SURVEY THAT'S OPEN RIGHT NOW.

I AM HERE TO REMIND EVERYONE WHO LIVES IN THE FRISCO CITY LIMITS THAT YOUR OPINION COUNTS AND YOU'RE INVITED TO TAKE THE COMMUNITY DEVELOPMENT DIVISION SURVEY THAT IS AVAILABLE IN BOTH ENGLISH AND SPANISH.

THE CITY OF FRISCO IS PREPARING ITS 2025-2029, FIVE YEAR CONSOLIDATED PLAN AND THE 2025-2026 ANNUAL ACTION PLAN.

THESE PLANS ARE REQUIRED BY THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOOD FOR THE CITY TO RECEIVE FEDERAL FUNDS TO ADDRESS NEEDS RELATED TO OUR HOUSING, ECONOMIC AND COMMUNITY DEVELOPMENT AND HOMELESSNESS IN FRISCO.

THE SURVEY WILL HELP THE CITY GATHER FEEDBACK FROM RESIDENTS ON HOW TO PREPARE THESE PLANS.

RESPONSES ARE ABSOLUTELY CONFIDENTIAL.

THE SURVEY OPENED ON NOVEMBER 7TH, AND IT WILL RUN THROUGH DECEMBER 14TH, 2024 AT 11:45 P.M. TO ACCESS THE SURVEY, I REMIND EVERYBODY TO PLEASE VISIT THE COMMUNITY DEVELOPMENT PAGE ON THE CITY OF FRISCO WEBSITE, AND THAT'S @ FRISCOTEXAS.GOV/COMMUNITY/ DEVELOPMENT.

IF YOU HAVE ANY QUESTIONS, THEY HAVE AN AMAZING STAFF THERE.

YOU CAN REACH OUT TO THE COMMUNITY DEVELOPMENT STAFF AT 972-292-5108.

AGAIN, I WANT TO REMIND ALL OF THE RESIDENTS WITHIN THE CITY THAT YOUR VOICE MATTERS, AND I ENCOURAGE YOU TO BE HEARD BY COMPLETING THE COMMUNITY DEVELOPMENT DIVISION SURVEY. THANK YOU.

>> THANK YOU, MAUREN. NEXT, REX ORIOCO.

IF REX IS NOT HERE, THEN WE WILL GO TO MR. LEE.

>> MR. LEE.

>> YES, SIR.

>> TODAY IS MY SUBJECT IS ETERNAL LIFE.

I SAY UNTO YOU, HE THAT HEARETH MY WORD AND BELIEVETH ON HIM THAT SENT ME EVERLASTING LIFE AND SHALL NOT COME INTO CONDEMNATION, BUT IS PASSED FROM DEATH TO LIFE.

VERILY, VERILY I SAY UNTO YOU, THE HOUR IS COMING AND NOW IS WHEN THE DEAD SHALL HEAR THE VOICE OF THE SON OF GOD, THEN THAT HERE SHALL LIVE.

IN THE BEGINNING, WAS THE WORD, THE WORD WAS WITH GOD, THE WORD WAS GOD.

ALL THINGS WERE MADE BY HIM, AND WITH WITHOUT HIM WAS NOT ANYTHING THAT WAS MADE HE CAME TO HIS OWN HIS OWN RECEIVED HIM NOT, BUT AS MANY AS RECEIVED HIM TO

[00:25:04]

THEM GAVE THE POWER TO BECOME SONS OF GOD, EVEN TO THEM THAT BELIEVE ON HIS NAME WHICH WERE BORN NOT BORN NOT OF BLOOD, NOT ABLE FLESH, BUT THE VIABLE GOD.

THIS IS THE RECORD THAT GOD HAS GIVEN US ETERNAL LIFE AND THIS LIFE IS IN HIS SON.

HE THAT HAS THE SON HAS LIVE, AND HE THAT HAS NOT THE SON HAS NOT LIFE.

HEAR HIM NOW, YOU WILL LIVE FOREVER.

INVITE HIM NOW, AS THE LORD.

RECEIVE HIM NOW AS THE SAVIOR TO COME TO HIM NOW, AS YOUR COUNSELOR, BELIEVE HIM NOW, AS YOUR FRIEND, EAT HIM AS THE BREAD OF LIFE.

HE WILL GIVE YOU ETERNAL LIFE, HE GIVES YOU EVERLASTING LIFE.

LIVE WITH HIM AND YOU WILL BE VERY HAPPY.

LET HIM ABIDE IN YOUR HEART.

YOU SHALL NOT COME INTO CONDEMNATION, HE WILL GUIDE YOU FOREVER.

HIS RIGHTEOUSNESS MAKE YOU RIGHTEOUS PERSON.

THAT IS THE PASSPORT TO THE KINGDOM OF GOD.

RECEIVE HIM NOW AND HAVE ETERNAL LIFE.

MAY GOD PLEASE YOU.

>> THANK YOU. WE'LL MOVE US TO OUR REGULAR AGENDA.

[Public Hearing: A request to consider possible amendments to Zoning Ordinance Subsection 4.02.03, Approved Plant Materials and Landscape Standards, to adopt revised Artificial Turf Regulations, and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA24-0002. Applicant: City of Frisco. (Development Services/JH)]

ITEM 35 IS A PUBLIC HEARING, A REQUEST TO CONSIDER POSSIBLE AMENDMENTS TO A ZONING ORDINANCE SUBSECTION 4.02,0.03.

APPROVED PLANT MATERIALS AND LANDSCAPE STANDARDS TO ADOPT REVISED ARTIFICIAL TURF REGULATIONS AND TO CONSIDER DIRECT STAFF TO PREPARE AN ORDINANCE OF THE SAME ZONING CASE NUMBER ZA24-0002, APPLICANT CITY OF FRISCO.

>> THANK YOU, MAYOR, JONATHAN HUBBARD, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES.

BEFORE YOU ALL THIS EVENING, AS YOU MENTIONED, IS A REQUEST FOR A ZONING ORDINANCE AMENDMENT AS IT PERTAINS TO ARTIFICIAL TURF.

CITY COUNCIL ADOPTED ORDINANCE NUMBER 2020 03-11 IN MARCH OF 2020.

IT WAS THIS ORDINANCE THAT ESTABLISHED DEVELOPMENT STANDARDS APPLICABLE FOR ARTIFICIAL TURF AND MAKING IT ALLOWED IN SINGLE FAMILY, URBAN LIVING, NON RESIDENTIAL MULTI FAMILY SPORTS FIELDS AND PLAYGROUND DEVELOPMENTS.

TONIGHT, I WANT TO SPECIFICALLY TALK ABOUT SINGLE FAMILY AND THE LOCATIONAL CRITERIA.

SO UNDER THE 2020 ORDINANCE, ARTIFICIAL TURF IS ONLY ALLOWED IN SINGLE FAMILY DEVELOPMENTS IN AREAS WHERE IT IS NOT VISIBLE FROM PUBLIC RIGHT AWAY AND OR OPEN SPACE HOA LOTS, MEANING HOA COMMON AREAS.

IT'S ALSO PROHIBITED. WHAT DOES THAT MEAN? UNDER THESE REGULATIONS, ARTIFICIAL TURF IS PROHIBITED IN BACKYARDS OF SINGLE FAMILY LOTS THAT REQUIRE OPEN FENCING.

CORNER LOTS, LOTS THAT ARE ADJACENT HIKE AND BIKE TRAILS, LOTS THAT ARE ADJACENT PARKS, COMMON AREAS, THE REASONING BEING, IF THEY HAVE OPEN FENCING, THE ARTIFICIAL TURF IS VISIBLE FROM THE PUBLIC RIGHT AWAY OR THE HOA COMMON AREA A LOT, WHICH IS PROHIBITED UNDER THE CURRENT ORDINANCE.

SINCE THE ADOPTION OF THE 2020 ORDINANCE, WE HAVE HAD A NUMBER OF RESIDENTS INSTALL ARTIFICIAL TURF IN THESE AREAS, WHICH HAS TRIGGERED OUR CODE ENFORCEMENT STAFF

[00:30:04]

ISSUING COURTESY NOTICES TO HAVE THE ARTIFICIAL TURF REMOVED.

DESPITE STAFF'S CONTINUED EFFORTS TO ENFORCE THE ORDINANCE, WE HAVE HAD RESIDENTS CONTINUE TO INSTALL ARTIFICIAL TURF IN THESE AREAS.

THEREFORE, STAFF INITIATED A REVIEW OF THE CURRENT REGULATIONS UNDER THE 2020 ORDINANCE.

PRESENTED THOSE FINDINGS TO CITY COUNCIL IN AUGUST OF THIS YEAR.

BASED ON THE FEEDBACK THAT WE HEARD, STAFF IS PROPOSING TO UPDATE THEIR REGULATIONS TO ALLOW ARTIFICIAL TURF IN THE BACKYARDS OF ALL SINGLE FAMILY ZONED PROPERTY AND REMOVE THE REQUIREMENT THAT IT NOT BE VISIBLE FROM A PUBLIC RIGHT AWAY AND OR OPEN SPACE HOA LOT.

SIMPLY PUT ALLOWING ARTIFICIAL TURF IN ALL BACKYARDS, REGARDLESS OF WHETHER IT IS VISIBLE OR NOT.

ARTIFICIAL TURF WOULD STILL BE PROHIBITED IN FRONT YARDS.

THERE ARE NO OTHER CHANGES PROPOSED TO SINGLE FAMILY DEVELOPMENTS REGARDING ALLOWANCES TO ARTIFICIAL TURF NOR ANY OF THE OTHER USES LISTED UP HERE.

THE PLANNING AND ZONING COMMISSION DID HOLD A PUBLIC HEARING ON THIS ITEM ON NOVEMBER 12TH, AND VOTED 5:0 TO RECOMMEND APPROVAL.

AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> THANK YOU. COUNCIL, THIS IS A PUBLIC HEARING.

>> A PUBLIC HEARING.

>> MOTION BY JOHN.

>> SECOND BY TAMMY, ALL ON FAVOR?

>> IT PASSES 5:0 PUBLIC HEARING IS NOW OPEN.

IS THERE ANYONE HERE TO SPEAK ON THIS SIDE? SEEING NONE MOVED TO CLOSE. MOTION BY BILL.

>> SECOND BY TAMMY ALL IN FAVOR?

>> PASSES 5:0. PUBLIC HEARING IS NOW CLOSED.

COUNCIL, WE HAD A IN DEPTH WORK SESSION EARLY IN THE YEAR, AS WAS MENTIONED, BUT ANY OTHER FURTHER QUESTIONS OR COMMENTS ON THE ITEM?

>> MISS JONATHAN, YOU SAID YOU EMPHASIZE BACK YARD.

THE DOCUMENT APPEARS, IT LOOKS LIKE IT SAYS BACK YARD AND SIDE YARD, CAN YOU CLARIFY THAT.

>> BACKYARDS AND SIDE YARDS WITH THE CLARIFICATION, THE SIDE YARDS THAT ARE BEHIND THE FRONT WALL OF THE MAIN BUILDING.

SO IF THERE'S A SITUATION WHERE YOUR BACK YARD KIND OF WRAPS TO THE SIDE A LITTLE BIT, IT WOULD BE ALLOWED IN THAT AREA.

BUT IF IT'S ON THE FRONT SIDE OF THAT FENCE, STILL IN THE FRONT, THEN IT IS STILL PROHIBITED IN THOSE SITUATIONS.

WE WANTED TO MAKE IT VERY CLEAR IN THE ORDINANCE THAT THERE WAS NOT JUST A DEFINED WHERE IT JUST HAD TO STOP.

IF YOUR FENCE DID WRAP AROUND THE SIDE OF YOUR HOME SOMEWHAT, THAT YOU COULD STILL PUT THAT ARTIFICIAL TURF IN THAT AREA BEHIND THE FENCE.

>> THEY'RE JUST NOT VISIBLE FROM THE FRONT.

>> WELL, IT CAN BE VISIBLE FROM THE FRONT.

IT JUST CAN'T BE IN THE FRONT YARD.

>> IN THE FRONT.

>> QUESTIONS?

>> I LOOK FOR A MOTION.

>> MOVE TO APPROVE ITEM 35.

>> MOTION BY BILL. SECOND.

>> SECOND BY TAMMY. ALL IN FAVOR.

ITEM 36 IS A PUBLIC HEARING OR REQUEST FOR A SPECIFIC USE PERMIT FOR MAJOR AUTOMOBILE REPAIR ON A PORTION OF ONE LOT ON 0.4 ACRES LOCATED 150 FEET WEST OF NORTH COUNTY ROAD, 210 FEET SOUTH OF DENA DRIVE, AND TO CONSIDER TO DIRECT STAFF TO PREPARE AN ORDINANCE OF THE SAME.

>> THAT PASSES 5-0.

[Public Hearing: A request for a Specific Use Permit for Major Automobile Repair on a portion of one lot on 0.4± acre located 150± feet west of North County Road, 210± feet south of Dena Drive and to consider to direct Staff to prepare an Ordinance of the same. Zoned Planned Development-97-Commercial-2. Neighborhood #11. Specific Use Permit Case No. SUP24-0010. Applicant: Miller Muffler & Suspension. (Development Services/JH)]

ZONE PLAN DEVELOPMENT 97 COMMERCIAL 2, NEIGHBORHOOD NUMBER 11, SPECIFIC USE PERMIT CASE NUMBER SUP24-0010, APPLICANT MILLER MUFFLER AND SUSPENSION.

>> THANK YOU. CITY COUNCIL ADOPTED ORDINANCE NUMBER 990804, MORE COMMONLY KNOWN AS PLAN DEVELOPMENT 97 IN AUGUST OF 1999.

IT IS THIS ORDINANCE THAT ALLOWS BOTH MAJOR AND MINOR AUTOMOBILE REPAIR BY SPECIFIC USE PERMIT.

THE APPLICANT BEFORE Y'ALL THIS EVENING IS PROPOSING A MAJOR AUTOMOBILE REPAIR USE IN BUILDING 6, WHICH IS HIGHLIGHTED HERE IN YELLOW.

THIS IS THE NORTHWESTERN MOST BUILDING WITHIN THE COBB BUSINESS PARK DEVELOPMENT.

I WANT TO SPEND JUST A FEW MINUTES SUMMARIZING THE APPLICANT'S BUSINESS MODEL.

THE APPLICANT HAS STATED THAT THEY SELL AND DISTRIBUTE PARTS FOR THE CUSTOMIZATION OF VEHICLES, PRIMARILY ON THE RETAIL SIDE, SELLING PARTS TO CUSTOMIZE OVER THE COUNTER FOR INSTALLATION ON VEHICLES.

RETAIL COMPONENTS INCLUDE, BUT ARE NOT LIMITED TO LIFT KITS, MUFFLERS, HITCHES, LIGHTS, OFF ROAD ACCESSORIES, LOWERING KITS, AND CUSTOM EXHAUST BUILDS.

ANY REPAIR, INSTALL DIRECTLY CORRELATES TO THE RETAIL SIDE.

THE APPLICANT HAS FURTHER STATED THAT THEY DO NOT DO OIL CHANGES, MOTORS, TRANSMISSIONS, GEARS, TIRE DISPOSAL, OR BODY WORK, AND THE REASON THAT IT'S IMPORTANT THAT I READ THAT TO YOU ALL THIS EVENING, IS BECAUSE IT IS REALLY THE CUSTOMIZATION PART THAT THE APPLICANT, WITHIN THE APPLICANT'S BUSINESS MODEL, THAT IS PULLING THEIR PROPOSED USE INTO THE MAJOR AUTOMOBILE REPAIR DEFINITION.

[00:35:01]

HOWEVER, THERE ARE A NUMBER OF ITEMS WITHIN THAT DEFINITION THAT THE APPLICANT HAS STATED THAT THEY DO NOT DO.

THEREFORE, THE APPLICANT IS AGREEABLE TO AN ALTERED DEFINITION, THAT ALTERED DEFINITION FOR MAJOR AUTOMOBILE REPAIR WOULD BE TIED DOWN WITHIN THE ORDINANCE SHOULD THIS GET APPROVED.

PLANNING STAFF HAS VISITED WITH OUR CODE ENFORCEMENT STAFF, AND THEY HAVE AGREED THAT BY DOING SO, THAT THAT IS ENFORCEABLE.

WHAT EXACTLY DOES THAT MEAN? WHAT THE MAJOR AUTOMOBILE REPAIR DEFINITION STATES THAT THE APPLICANT IS AGREEABLE TO STRIKING, IS THAT, THEY DO NOT DO GENERAL REPAIR OR RECONDITIONING OF ENGINES, AIR CONDITIONING SYSTEMS, AND TRANSMISSIONS FOR AUTOMOBILES, WRECKER OR TOWING SERVICE WITH ON-SITE STORAGE OF VEHICLES, COLLISION SERVICES, INCLUDING BODY, FRAME, OR FENDER, STRAIGHTENING OR REPAIR, PAINTING, VEHICLE STEAM CLEANING, TIRE RETREADING, INSURANCE ESTIMATIONS WITH ON-SITE STORAGE, AND UNDERCOATING, AND RUST PROOFING.

ALL OF THAT WOULD BE STRUCK, AND IT WOULD JUST READ CUSTOMIZING.

IT'S ALSO IMPORTANT TO NOTE THAT THIS SUP, LIKE ALL SUPS, HAS BEEN REVIEWED AGAINST SPECIFIC CRITERIA FOR ANALYZING AN SUP REQUEST.

AS NOTED WITHIN THE STAFF REPORT, THIS SPECIFIC SUP MEETS EACH OF THOSE CRITERIA, HOWEVER, IT IS IMPORTANT TO POINT OUT ONE ITEM, AND THAT BEING THIS BUILDING, BUILDING 6, AS YOU SEE HERE IN YELLOW, THE NORTHWESTERN MOST BUILDING WITHIN COBB BUSINESS PARK IS 200 FEET FROM THE NEAREST RESIDENTIAL DEVELOPMENT.

PER THE ZONING ORDINANCE, ALL AUTOMOBILE RELATED USES ARE REQUIRED TO BE A MINIMUM OF 250 FEET FROM RESIDENTIAL DEVELOPMENT.

THIS USE DOES FALL OR THIS PROPOSAL DOES FALL 50 FEET SHY OF THAT 250 FEET MINIMUM.

HOWEVER, PLAN DEVELOPMENT 97 DOES ALLOW THESE USES SUBJECT TO APPROVAL OF AN SUP.

IT IS ALSO IMPORTANT TO NOTE BETWEEN BUILDING 6, THERE IS AN ADDITIONAL BUILDING, BUILDING 7 HERE, AND A COMMERCIAL COLLECTOR, WHICH IS NORTH COUNTY ROAD, SO THERE IS 200 FEET BETWEEN BUILDING 6 AND THE NEAREST RESIDENTIAL DEVELOPMENT.

IT'S ALSO IMPORTANT TO POINT OUT, THAT ALL WORK IS PROPOSED TO TAKE PLACE INSIDE THE BUILDING, AND THERE IS NO OUTDOOR STORAGE OF VEHICLES PROPOSED WITHIN THE USE.

THE APPLICANT IS AGREEABLE, AND THAT, TOO, WOULD BE TIED DOWN IN THE ORDINANCE SHOULD THIS BE APPROVED.

STAFF DID MAIL PUBLIC HEARING NOTICES TO SURROUNDING PROPERTY OWNERS IN ACCORDANCE WITH STATE LAW.

TO DATE, STAFF HAS RECEIVED 30 PROJECT INPUT FORMS IN FAVOR OF THIS REQUEST, ALL OF THE REMAINING BEING OPPOSED.

THE PLANNING AND ZONING COMMISSION DID HEAR THIS ITEM IN NOVEMBER AND DENIED THIS.

THE APPLICANT HAS CHOSEN TO APPEAL THE APPLICANT'S DECISION TO CITY COUNCIL.

THAT IS WHY THIS ITEM IS BEFORE Y'ALL THIS EVENING IN ACCORDANCE WITH ZONING ORDINANCE SUBSECTION 6.9.13.

THE COMMISSION SAYS SHOULD THE PLANNING AND ZONING COMMISSION'S DECISION TO CITY COUNCIL, IT DOES REQUIRE A THREE FOURTH VOTE OF THE MEMBERS OF CITY COUNCIL TO OVERRULE A RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION.

WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> JUST TO CLARIFY THAT SUPERMAJORITY RULE, THAT IF ALL SEVEN OR SIX COUNCIL MEMBERS AND MAYOR WERE HERE, THAT WOULD BE SIX OUT OF THE SEVEN, SINCE WE'RE MISSING ONE, IT WOULD REQUIRE ALL SIX PRESENT TO VOTE IN FAVOR OF IT.

>> THE MAYOR ACTUALLY GETS TO VOTE IN THIS CASE, CORRECT? I BELIEVE WE CHANGED THE CHARTER A FEW YEARS BACK.

>> COUNCIL, THIS IS A PUBLIC HEARING.

>> MOVE TO OPEN THE PUBLIC HEARING.

PUBLIC HEARING IS NOW OPEN.

>> WE DO HAVE 18 THAT WOULD LIKE TO SPEAK REGARDING THIS ITEM.

>> MR. MAYOR, KEEPING WITH OUR GOVERNANCE CRITERIA, I MAKE A MOTION THAT WE MODIFY THE PUBLIC SPEAKING TIME FROM FIVE MINUTES TO THREE MINUTES.

>> JUST A FEW REMINDERS ABOUT CITIZEN INPUT ON THE AGENDA ITEMS. BEFORE MAKING YOUR COMMENTS, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

YOU ONLY HAVE ONE OPPORTUNITY TO SPEAK.

[00:40:03]

PLEASE NOTE THAT THE TEXAS OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING TO QUESTIONS OR STATEMENTS MADE DURING CITIZEN, BUT ACCEPT TO PROVIDE SPECIFIC FACTUAL INFORMATION, OR RECITE EXISTING POLICY IN RESPONSE TO AN INQUIRY, TWO, TO DIRECT THE SPEAKER TO VISIT WITH STAFF ABOUT THE ISSUE, OR THREE TO INDICATE THE MATTER MAY BE PLACED ON THE AGENDA FOR A FUTURE MEETING.

WE'LL START WITH, I'M GOING TO HAVE TO PUT MY GLASSES ON, KELLY STORY, AND THEN SALMA ASHIGO.

>> HELLO. MY NAME IS KELLY STORY.

I AM A FRISCO RESIDENT AND OWNER OF 11401 PRESTIGE DRIVE FRISCO 75033 IN PRESTON HIGHLANDS NORTH.

I AM OPPOSING THE NEW AUTOMOTIVE SHOP THAT WILL DIRECTLY IMPACT MY NEIGHBORHOOD.

THIS BUSINESS IS REQUESTING THE RELAXATION OF AUTOMOTIVE SHOP ORDINANCE IN RELATION TO ITS PROXIMITY TO THE RESIDENTIAL NEIGHBORHOODS, AS WE KNOW.

BUT, MY HOME BACKS UP TO ROGERS ROAD, AND WE ALREADY HAVE VEHICLES THAT TRAVEL UP AND DOWN THAT ROAD ON OCCASION.

ADDING A AUTOMOTIVE SHOP THAT'S WANTING TO DO SOUPED UP REPAIRS FOR THEIR ENGINES AND THEIR GLASS PACKS AND ALL THE REST THAT HAS TO BE TESTED BEFORE THE OWNER PICKS UP THEIR VEHICLE, THAT WOULD MOST LIKELY BE GOING THROUGH THE STREETS OF OUR NEIGHBORHOOD TO TEST THOSE ITEMS AND MAKE SURE THEY'RE FUNCTIONING PROPERLY.

I HAVE WORKED IN AUTOMOTIVE SHOP BEFORE, SO I KNOW HOW LOUD IT CAN BE JUST ON A REGULAR BASIS, SO HAVING ONE CLOSE TO FAMILY HOMES AND WHEN THEY CAN BE DRIVEN BY ANY OTHER OWNER ALL THE WAY AROUND THE NEIGHBORHOODS CAN DIRECTLY IMPACT FAMILY LIVING THROUGHOUT ANY HOUR OF THE DAY, SO I AM OPPOSING.

>> THANK YOU, KELLY. SALMA. SALMA HERE.

IF NOT, WE'LL HAVE DOUG.

THANK YOU. THEN AFTER DOUG, WE'LL HAVE LAURA EDWARDS.

>> GOOD EVENING.

APPRECIATE YOUR OPPORTUNITY TO ADDRESS THE CITY COUNCIL AND MAYOR.

I'D LIKE TO START BY SAYING IT'S A PRETTY GOOD JOB THERE, MR. HUBBARD, ON BEING ABLE TO ILLUSTRATE EXACTLY WHAT THESE FOLKS WOULD LIKE TO DO HERE.

BUT I'D LIKE TO SAY THAT WE WERE AT THE PLANNING AND ZONING, AND THERE'S NOTHING FAIR ABOUT THIS.

YOU CAN PAINT A PIG, BUT IF HE'S GOT A LIPSTICK ON HIM, HE'S STILL A PIG.

I THINK SOMEBODY SAID ONE TIME.

THIS IS NOT HOW THIS IS GOING TO GO DOWN.

THESE FOLKS ARE TRYING TO REPRESENT THIS AS LESSER THAN A MAJOR AUTOMOTIVE.

YOU CAN'T SAY THAT IN TRUE FAITH, JUST BECAUSE THEY'RE HAVING AN INDOOR SHOP, THERE'S STILL HUNDREDS OF FEET OF PAVEMENT OUT THERE, AND SOMEBODY NEEDS TO TEST DRIVE THIS THING.

WHAT DOES TEST DRIVE MEANS? SHALL WE GET INTO THAT DEFINITION? WHERE ELSE CAN WE GO? THEY CLAIM THAT THEY'RE GOING TO HAVE MAJOR RETAIL.

THAT'S GREAT, BUT IT'S LESS THAN 10% OF THE TOTAL FOOTPRINT OF THEIR SHOP.

THEY HAVE PREVIOUSLY STATED THEY RUN 15-20 VEHICLES THROUGH THEIR OTHER SHOPS.

WITH THAT TYPE OF VOLUME IN AN AREA OF THIS CLOSE TO A NEIGHBORHOOD IS JUST UNFOUNDED.

NOT TO MENTION, THERE'S A CHURCH NEXT DOOR.

MY ONE NOTE HERE IS THERE'S BEEN NEVER, NOT ONE INSTANCE OF HOURS OF OPERATION.

GOING AND PAYING RENT ON A RETAIL SPACE LIKE THIS, THEY'RE GOING TO TRY TO CAPITALIZE THE TIME IN THAT SPACE.

THAT MEANS NIGHTS, WEEKENDS, HOLIDAYS, WEEKENDS, MAYBE ON CHURCH DAYS, ON SUNDAY, REALLY, THERE'S A CHURCH RIGHT NEXT DOOR.

WHAT ABOUT THE CHILDREN IN THE DAYCARE THAT'S ON THE OTHER SIDE OF THE CHURCH? NO MENTION OF THAT.

NO MENTION OF THE PUBLIC RIDE AWAY THAT FRONTS THAT WHOLE STRIP CENTER, SERVICES [INAUDIBLE] MIDDLE SCHOOL.

THOSE CHILDREN HAVE TO PASS THROUGH THERE.

IT'S THEIR PREFERENCE IF THEY WANT A BIG TRUCK.

I LIKE TO SEE BIG TRUCKS.

I EVEN LIKE TO GO TO A MONSTER TRUCK RALLY, BUT THIS AIN'T THE PLACE FOR IT.

THAT WE DON'T NEED THESE SCREAMING LITTLE FOREIGN CARS RUNNING UP AND DOWN FISHER ROAD, NORTH COUNTY ROAD. IT'S ALREADY CROWDED.

FOLKS, THANKS FOR BEING HERE.

I REALLY APPRECIATE YOUR TIME AND YOUR COMMITMENT TO THE CITY, AND I'D LIKE TO SEE THAT YOU KEEP DOING THAT.

PLEASE, I VOTE NO, AND WE NEED TO KEEP THIS A REASONABLE NEIGHBORHOOD.

THIS WAS PROPOSED AS A PROFESSIONAL OFFICE BUILDING.

I'M NOT SAYING THEY'RE NOT PROFESSIONAL, BUT COME ON, GIVE US A BREAK.

IT'S A AUTOMOTIVE SHOP.

A SHOP IS A SHOP. THANK YOU.

[00:45:02]

>> THANK YOU, SIR. LAURA EDWARDS, AND THEN SCOTT ANDERSON.

>> GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

I'M LAURA EDWARDS, 10615 WATER CREST LANE FRISCO, TEXAS 75033.

I WOULD JUST LIKE TO ASK MR. HUBBARD, HOW MANY PEOPLE OPPOSED IT? YOU MENTIONED HOW MANY PEOPLE WERE FOR IT.

YOU SEEM TO BE VERY FOR IT.

I'M OBVIOUSLY AGAINST IT.

MY HOUSE IS LITERALLY BEHIND IT.

I AM ONE OF THE CLOSEST HOMES.

I JUST STRONGLY OPPOSE THIS CHANGE SIGNIFICANTLY IMPACTING THE QUALITY OF MY LIFE IN OUR COMMUNITY AND SURROUNDING AREA.

THE CURRENT 250 FEET BUFFER PROVIDES A REASONABLE COMPROMISE IN A MINIMIZED NOISE POLLUTION FROM LOUD MUFFLERS, AND VEHICLE REPAIR, USING IMPACT WRENCHES, GRINDERS, AND SUCH.

I'M NOT IN THE CAR BUSINESS, BUT IT CAN BE LOUD.

I'VE BEEN TO A CAR SHOP, AND I USED TO HAVE A LIFT TO GET ON MY TRUCK AND BIG MONSTER TIRES, AND I KNOW HOW LOUD THEY ARE, SO I JUST DON'T WANT IT IN MY BACKYARD.

I'M NOT OPPOSED TO THAT, I JUST WANT THERE TO BE A REDUCING NOISE BUFFER OF 250 FEET, NOT 150.

THERE'S HOMES, AND SCHOOLS, BUSINESSES THAT ULTIMATELY AFFECT OUR DAILY LIVES.

EXCESSIVE NOISE LEVELS FROM RANDOM VEHICLES WITH HUGE MUFFLERS ARE ALREADY AFFECTING JUST DRIVING DOWN NORTH COUNTY ON A DAILY BASIS.

IT'S JUST EVERY DAY, AND WE CAN'T STOP THAT, AND IT'S NOT THERE.

THEY CAN'T CONTROL THAT.

HAVING THEM STATED THAT THEY DO 15 PLUS A DAY NEW MUFFLER OWNERS REVVING THEIR NEW FOUND NOISY MUFFLERS, THEY'RE GOING TO BE EXCITED, AND TO DO THAT, I TOTALLY UNDERSTAND THAT.

BUT I WANT PEACE AND QUIET IN MY LIFE.

I THINK WE ALL DO, AND IF IT WAS BEHIND YOUR HOUSE, I WOULD JUST ASK YOU, WOULD YOU WANT THAT? FURTHERMORE, SHORTENING THAT BUFFER ZONE, FUTURE BUSINESSES MAY REQUEST THIS.

WHILE WE ALL SUPPORT ECONOMIC DEVELOPMENT AND SUCCESS OF LOCAL BUSINESSES, IT SHOULD NOT COME TO THE AT THE EXPENSE OF OUR COMMUNITY AND MY HOME.

I REALLY URGE THE COUNCIL TO UPHOLD THE CURRENT 250 FEET ORDINANCE WHICH STRIKES FAIR BALANCE BETWEEN BUSINESS, OPERATIONS, AND INTEREST IN THE COMMUNITY AND MY HOME, WHICH I HAVE INVESTED FOR OVER 16 YEARS.

I BOUGHT THIS HOME KNOWING THAT THERE WAS AN ORDINANCE.

WE KNEW THAT THINGS WOULD BUILD BACK THERE, BUT WE KNEW THERE WAS SOME NOISE PROTECTION, SINCE WE FELT THERE WAS A BUFFER ALREADY IN PLACE, AND WE ASKED THAT YOU CONTINUE TO KEEP THAT BUFFER.

DID YOU HAVE THAT ANSWER FOR ME? NO. THANK YOU.

>> THANK YOU. SCOTT ANDERSON, AND THEN JENNIFER WUSS.

>> HI, SCOTT ANDERSON.

I LIVE AT 10627 WATERCRESS.

I'M ONE OF THE HOUSES DIRECTLY BEHIND WHERE THIS SHOP IS PLANNING TO MOVE INTO.

THE BUSINESS CARD THAT WAS MAILED OUT TO US, THE POSTCARD MAILED TO US SAYS IT'S 150 FEET, NOT 200, AS MR. HUBBARD HAD STATED.

I'VE GOT A COPY OF THAT CARD RIGHT HERE.

SO 150 AND FIFTY OR 200 FEET.

IT'S STILL TOO CLOSE.

I DON'T WANT THE ORDINANCE CHANGED.

I DO APPRECIATE THINGS THAT THEY DO AS WELL BECAUSE I'VE HAD MOD-LIFTED JEEPS, I GO ROCK CRAWLING, I DO ALL MY OWN WORK, I DO MY OWN SUSPENSIONS, GEARS, AXLES, ALL OF IT.

I KNOW WHAT THEY'RE GOING TO BE DOING, AND IT'S NOT GOING TO BE MINOR REPAIR WORK.

IT'S NOT GOING TO BE MINOR MODIFICATIONS.

I KNOW THE EXTENT OF WORK AND EFFORT THAT GOES INTO IT.

COMPRESSORS MAKE NOISE.

THEIR BACK DOORS ALL OPEN UP.

IT'S ALL GOING TO ECHO THROUGH THERE.

THE CHURCH, THEIR DOORS ARE CLOSED, YET THEIR MUSIC IS SO LOUD.

I VIBRATE SITTING IN MY COUCH.

I'VE CALLED THE POLICE MANY TIMES ABOUT THAT.

BUT GETTING BACK TO THIS, BATTERY OPERATED TOOLS, I'VE BEEN TOLD THEY'RE GOING TO USE JUST BATTERY.

THERE'S NO COMPRESSORS. WELL, I HAVE BATTERY OPERATED AS WELL, AND I ALSO HAVE A COMPRESSOR.

BATTERIES WEAR OUT, YOU END UP RUNNING OUT OF BATTERIES, AND THEY DON'T NECESSARILY HAVE THE SAME AMOUNT OF JUICE AS A COMPRESSOR DOES.

THERE'S GOING TO BE A LOT GOING ON.

KNOWING WHAT I KNOW AS FAR AS MODIFYING VEHICLES, THERE'S GOING TO BE ISSUES WITH PEOPLE PEELING OUT OF THERE, REVEN IT DOWN THE ROAD TO TRY AND SEE WHAT THEIR EXHAUST SOUNDS LIKE.

WE HAVE THOSE ISSUES IN THE WAREHOUSES ON THE OTHER SIDE OF THE TRACKS RIGHT BEHIND WHERE THIS FACILITY IS PLANNING TO BE.

THEY'RE RACING AROUND BACK IN THE NEIGHBORHOOD BACK THERE OR NOT IN THE NEIGHBORHOOD, BUT IN THE WAREHOUSES.

THAT'S AN ONGOING ISSUE AS WELL.

I DON'T NEED TRUCKS 150 FEET FROM MY HOUSE OR MORE FOREIGN SPORTS CARS DOING THE SAME THING RIGHT IN THE STREET BEHIND MY HOUSE.

I DON'T NEED THAT. BUT ANYWAY, THANK YOU FOR YOUR TIME.

I APPRECIATE IT. THANK YOU.

[00:50:02]

>> THANK YOU, SIR. JENNIFER WORS, AND THEN JAMES MASON.

>> I'M SHORT, I JUST HAVE TO PULL THIS DOWN A LITTLE BIT MORE. GOOD EVENING, EVERYONE.

THANK YOU SO MUCH TO THE COUNCIL MEMBERS, MAYOR.

MY NAME IS JENNIFER WORS.

I LIVE AT 7401, ANGELA LANE, FRISCO, TEXAS.

MY HOUSE IS RIGHT NEXT TO THAT COMMUNITY POOL WHERE THE PARKING LOT IS.

WHEN THEY'RE TALKING ABOUT BUILDING, A CUSTOMIZATION AUTOMOBILE SHOP WITH LOUD NOISES.

I HEAR EVERYTHING RIGHT THERE.

IT ECHOES, AND I DON'T WANT THAT. I OPPOSE THIS.

I'M ASKING YOU GUYS TO PLEASE OPPOSE THIS.

WE HAVE OUR HOMES, WE BUY THEM, WE INVEST IN THEM.

WE DON'T WANT TO HEAR THAT EVERY MORNING.

WE DON'T WANT TO HEAR CARS RUBBING UP AND DOWN NORTH COUNTY ROAD.

WE DON'T WANT TO HEAR MUFFLERS.

WE DON'T WANT TO HEAR ANYTHING.

THIS IS OUR SAFE SPACE.

THIS IS WHERE WE RELAX.

THIS IS WHERE WE WANT TO BE. WE DON'T WANT TO HEAR THAT.

I'M ASKING TODAY THAT WHILE I RESPECT THE NEED FOR LOCAL BUSINESSES, I BELIEVE THIS PROJECT IS INCOMPATIBLE WITH THE CHARACTER AND NEEDS OF OUR NEIGHBORHOOD.

AND I ASK YOU GUYS, PLEASE DON'T APPROVE THIS. THANK YOU.

>> THANK YOU. JAMES MASON, AND THEN KAREN ROSS.

>> THANK YOU, MAYOR AND CITY COUNCIL.

MY NAME IS JAMES MASON.

I LIVE AT 10603 WATERCRESS LANE, FRISCO, TEXAS.

MY HOUSE ACTUALLY BUT I'M RIGHT ON THE CORNER OF NORTH COUNTY ROAD AND FISHER, WHICH IS RIGHT DIRECTLY ACROSS THE STREET.

I'VE BEEN THERE APPARENTLY NOW ABOUT 16 YEARS.

WE USED TO BE ABLE TO SEE THE SUN ALMOST GO DOWN WHEN I MOVED THERE.

IT WAS ABOUT 75,000 PEOPLE HERE WHEN I CAME.

NOW THING PROBABLY WITHIN A THREE OR 400 FEET BECAUSE THERE'S NOTHING BUT BUILDINGS.

TALKING ABOUT TRAFFIC AND DIFFERENT THINGS THAT COME DOWN THAT ROAD, IT'S TREMENDOUS HOW MUCH TRAFFIC COMES DOWN THERE NOW THROUGH THE COURSE OF THE DAY AND NIGHT.

IT'S LIKE A DRAG STRIP ON WEEKENDS, AND FOR TO HAVE ANY MORE OTHER VEHICULAR TRAFFIC COMING THROUGH, REGARDLESS OF WHAT YOU'RE BUILDING DOWN THERE, IT'S ONLY GOING TO MAKE THINGS WORSE.

WE REALIZE THAT THERE'S THINGS GOING ON ON MAIN STREET.

EVERYBODY IS TRYING TO MANEUVER TO TRY AND GET TO EITHER NORTH COUNTY ROAD, WHICH WE STAY ON PRETTY MUCH, AND UP TO EL DORADO, OR THEY'RE TRYING TO GO OTHER WAYS.

BUT WE SEE ALL THE TRAFFIC, AND IT'S TOO MUCH TRAFFIC FOR US, AND TO HAVE ANYTHING MORE COMING INTO OUR COMMUNITY IN WHICH WE PAY IHOA FEES, TO KEEP OUR PLACE NICE AND QUIET AND DIFFERENT THINGS.

THINGS HAVE CHANGED, AND WE'VE SEEN THE CHANGE WITHIN IT, NOT BECAUSE WE AREN'T TAKING CARE OF THE COMMUNITY, BUT OTHER PEOPLE THAT COME THROUGH, THEY MUST, SOMETIMES TRASH, WHATEVER.

PEOPLE, CHILDREN TRYING TO CROSS THE STREET, WHICH YOU COULD DO IT FREELY AT ONE TIME.

NOW, YOU REALLY HAVE TO BE CAREFUL CROSSING NORTH COUNTY ROAD.

AT NIGHTS, I'VE LAID IN BED, AND HEAR PEOPLE GO DOWN, FORM A POLICE OFFICER FOR MYSELF, JUST LIKE SCOTT IS AT 90 AND AT LEAST 100 MILES AN HOUR GOING DOWN NORTH COUNTY ROAD.

WE WAKE UP SOMETIMES TWO O'CLOCK IN THE MORNING, SCREECHING TIRES AND DIFFERENT THINGS, AND WE REALLY DON'T NEED ANY MORE TRAFFIC.

I'M NOT SAYING THAT HIS BUSINESS IS UNWORTHY.

I'M SAYING THAT IT COULD BE USED ELSEWHERE WITHIN OUR COMMUNITY.

IT'S GROWING, FIND ANOTHER PLACE, IF POSSIBLE, TO DO THE WORK THAT THEY NEED TO BE DONE ON VEHICLES.

>> THANK YOU, JAMES.

>> KAREN ROSS AND EVELYN VILLAREAL AFTER THAT.

>> JUST TO CLARIFY, IT'S NOT JOHN HUBBARD'S BUSINESS.

I WAS JUST GETTING AN IMPRESSION THAT A LOT OF LOOKS AND FINGERS GOING THIS WAY.

IT'S NOT JONATHAN'S BUSINESS.

JONATHAN'S WITH PNZ.

>> GOOD EVENING. MY NAME IS KAREN ROSS.

I LIVE AT 7404 DAFFODIL WAY.

WE HAVE BEEN RESIDENTS OF FRISCO SINCE 2002 AND IN MEADOW HILL ESTATE SINCE 2008.

I AM NOT OPPOSED TO THEIR BUSINESS, BUT I AM IN THIS LOCATION.

IT DOES NOT BELONG NEXT TO A NEIGHBORHOOD OFF OF A TWO-LANE ROAD.

WE'VE GOT KIDS WALKING TO AND FROM SCHOOL EVERY DAY.

WE'VE GOT HOUSES RIGHT THERE.

THERE'S A REASON THAT FRISCO PUT ZONING LAWS INTO PLACE TO PROTECT OUR RESIDENTS AND THEIR PROPERTIES FROM BUSINESSES BEING BUILT WHERE THEY DON'T BELONG.

THE OTHER COMPANIES THAT THEY OWN, THEIR OTHER TWO LOCATIONS ARE OFF OF HIGHWAYS.

THAT'S WHERE SOMETHING LIKE THIS BELONGS,

[00:55:02]

NOT ON A TWO-LANE ROAD NEXT TO OUR HOUSES.

MY WORRY, TOO, MY FEAR IS IF YOU START THIS WITH THIS, WHO COMES NEXT AND WANTS TO CHANGE THE ZONING LAWS FOR THEIR LOCATION? THE OWNERS HAVE ALREADY STARTED PUTTING EQUIPMENT IN THEIR FACILITY WITHOUT EVEN HAVING THIS PASSED YET.

I AM SAYING I AM AGAINST THIS, AND I HOPE THAT YOU VOTE THE SAME WAY. THANK YOU.

>> THANK YOU. EVELYN VILLAREAL, AND THEN CHUCK MARTIN.

IS EVELYN HERE? OKAY. THANK YOU.

>> HELLO. MY NAME IS EVELYN VILLAREAL, AND WE PURCHASED OUR HOME THERE ON 7419 CHINA BERRY LANE, EIGHT YEARS AGO, AND BEFORE THAT, WE LIVED ON CHINQUA PENN, SO WE'VE BEEN IN THAT NEIGHBORHOOD FOR A LONG TIME.

I WROTE THE STUFF DOWN.

THANK YOU FOR HEARING ME OUT.

CLEARLY, IT IS NOT WITHIN THE GUIDELINES.

FOR US RESIDENTS, YOU PUT THOSE GUIDELINES IN PLACE SO THAT WE CAN ABIDE BY THEM.

WE'RE HELD ACCOUNTABLE FOR OUR HOAS, OUR STUDENTS, TAXES, EVERYTHING LIKE THAT. THERE ARE CHURCHES.

THERE ARE AT LEAST THREE CHURCHES WITHIN A 1.5 MILES OR 30 FEET AWAY FROM THIS PLACE.

DAY-CARES. THE NOISE WOULD DISRUPT THE KIDS AS THEY NAP AND THEY PLAY OUTSIDE.

NUMBER 4, THERE ARE MILITARY VETERANS WHO ALSO HAVE PTSD, WHO CERTAIN SOUNDS TRIGGER THEM.

WE DON'T KNOW WHAT THEY ARE, WE DON'T KNOW WHAT SETS THEM OFF, AND WE HAVE TO ACTUALLY PROTECT OUR VETERANS.

MANY PEOPLE WORK FROM HOME.

THE NOISE WOULD BE EXTREMELY DISRUPTIVE AND WORK PRODUCTION, VIA PHONE, VIA ZOOM CALLS.

MY HUSBAND'S DEALS WITH OIL AND GAS, SO MILLIONS OF DOLLARS.

ANY WRONGDOING, ANYTHING THAT HE HAS TO, LIKE, ACTUALLY REPEAT AND KEEP REPEATING BECAUSE HE CANNOT.

WE ALREADY HEAR THE NOISE FROM EL DORADO OR NORTH COUNTY ROAD OR FISHER, SO THAT WOULD BE VERY DISRUPTIVE.

ALSO, ALL OF THE CHILDREN WALKING FROM STALEY, EITHER BEFORE OR AFTER SCHOOL, AND THEN AFTER ATHLETICS.

THAT'S ALSO ANOTHER TIME.

THEN ROGERS ELEMENTARY KIDS.

THEN WE HAVE THE DAYCARE, AND THEN WE ALSO HAVE THE PEOPLE FROM THE PITT, OFF HERE, AND THE NINJA.

ALL OF THESE PERTAIN TO THOUSANDS OF CHILDREN THAT FUNNEL THROUGH THAT ONE LITTLE AREA, WHICH IS ALREADY VERY CONGESTED AT ALL STARS AND NORTH COUNTY ROAD.

ALSO, NORTH COUNTY ROAD IS A ONE-LANE ROAD THIS WAY AND THAT WAY.

IT'S ALSO THE DIRECT ROUTE TO THE FISD BUS BARN THAT SERVICES 12 HIGH SCHOOLS, 18 MIDDLE SCHOOLS, 43 ELEMENTARY SCHOOLS, AND THREE SPECIAL PROGRAM SCHOOLS.

ME JUST SITTING OUTSIDE MY HOUSE, I CAN LITERALLY SEE A BUS IN AND OUT IN AND OUT, JUST PASSING BY.

EVEN THERE, NOW THE TRAFFIC, EVEN AT THE PITT INTERSECTION, IT GOES EVEN PAST THE DAYCARE.

THAT YOU'RE LITERALLY WAITING THERE JUST TO CROSS THAT ONE LITTLE INTERSECTION.

THE OWNER CAME BY OUR HOME, WHICH THAT WAS ALARMING.

I DIDN'T KNOW THAT WOULD BE A THING.

I DISCUSSED IT WITH MANY OF OUR NEIGHBORS, AND THAT WAS JUST LIKE, I DIDN'T KNOW WHAT THAT WAS GOING TO ENTAIL.

BUT I WOULD NOT CHANGE MY DECISION AT THAT POINT.

THE OWNER'S BROTHER STATED THAT HE WOULD LIKE HIS BUSINESS THERE BECAUSE HE LIVES IN OUR NEIGHBORHOOD, AND IT WOULD BE TO HIS CONVENIENCE.

BUT FOR HIS CONVENIENCE, YOU WILL HAVE TO INCONVENIENCE THE WHOLE NEIGHBORHOOD.

>> THANK YOU, MA'AM.

>> THE MODIFICATION IS ALREADY A PROBLEM HERE IN FRISCO.

THE ACCIDENTS ON NORTH COUNTY.

>> EXCUSE ME, MA'AM.

>> I'M SORRY.

>> YOUR TIME IS UP. THANK YOU.

>> OKAY.

>> CHUCK MARTIN AND THEN KIM MARTIN.

>> OKAY. I'M CHUCK MARTIN.

I LIVE 11039 FIREFLY LANE.

HAVE BEEN IN THE NEIGHBORHOOD FOR 22 YEARS.

I THINK MOST OF THE REASONS HAVE ALREADY BEEN STATED.

LET ME JUST TICK OFF A FEW JUST TO REMIND YOU.

IT'S NOT THAT WE'RE OPPOSED TO THE BUSINESS.

I THINK PROUD OF PEOPLE IN FRISCO THAT ARE EXPANDING THEIR BUSINESS.

THE OTHER TWO LOCATIONS HAVE ALREADY BEEN MENTIONED ARE CLOSE TO HIGHWAYS, NOT IN THE MIDDLE OF A RESIDENTIAL AREA, AND NOT LIKE THIS ONE IS LOCATED NEXT TO, TWO DOORS DOWN FROM THE DAYCARE, OBVIOUSLY, WITH SCHOOLS.

IT'S ALREADY BEEN MENTIONED. ALL OF THE THINGS THAT ARE CLOSE BY.

NORTH COUNTY ITSELF IS A CONCERN.

IS A CONCERN WE LIKE TO WALK EVERY EVENING AND TRYING TO NAVIGATE NORTH COUNTY RIGHT NOW CAN BE PRETTY DICEY JUST WITH THE TRAFFIC.

THAT'S A SEPARATE ISSUE, BUT YOU JUST NEED TO BE AWARE THAT THE AMOUNT OF TRAFFIC FLOW THERE IS RATHER EXTENSIVE.

[01:00:02]

WHAT DOES SOMEBODY DO WHEN THEY GET A NEW LIFT CARE? WHAT DOES SOMEBODY DO WHEN THEY GET A NEW MODIFICATION FOR THEIR MUFFLER? WHAT DOES SOMEBODY DO AND CERTAINLY THIS, WE KNOW WITHIN THEIR RIGHTS TO DO THAT AND TO ENJOY THAT, BUT NOT IN A RESIDENTIAL AREA, NOT NEXT TO A DAYCARE, NOT LITERALLY NEXT DOOR TO A CHURCH, NOT RIGHT AROUND THE CORNER FROM ATHLETIC CHEER FACILITIES WITH LOTS AND LOTS OF KIDS.

NOT RIGHT DOWN THE STREET FROM PITT, LET ALONE ROGERS, I MEAN, THE MIDDLE SCHOOL THERE.

I AM OPPOSED TO THAT, NOT OPPOSED TO THE BUSINESS, BUT OPPOSED TO HIS LOCATION, AND OPPOSED TO MAKING AN EXCEPTION TO WHAT IS, I THINK, A VERY GOOD STANDARD OF THE 250 FEET.

>> THANK YOU, SIR. KIM MARTIN AND THEN NICHOLAS FERGUSON.

>> MY NAME IS KIM MARTIN.

I'M AT 11039 FIREFLY LANE IN FRISCO, BEEN THERE 22 YEARS LIVING WITH THIS MAN RIGHT HERE.

I WANT TO SAY THANK YOU SO MUCH, CITY COUNCIL FOR THE WORK THAT YOU DO.

I KNOW SOMETIMES IT'S A THANKLESS JOB. THANKS FOR THAT.

I JUST WANT TO SAY, I'M ON THE HOA BOARD AND HAVE HAD SEVERAL REASONS TO TOXICITY EMPLOYEES OVER THE LAST FEW YEARS.

IT'S BEEN A PLEASURE.

I MEAN, THEY HAVE ALWAYS RETURNED MY CALLS, ALWAYS BEEN KIND.

ALWAYS JUST TREATED ME LIKE I WAS A FRIEND.

I JUST APPRECIATE THAT SO MUCH.

WE'VE GOTTEN A LOT OF HELP IN OUR NEIGHBORHOOD ACTUALLY FROM THE CITY ENFORCING CODE IN VARIOUS WAYS AND VARIOUS REASONS.

THAT'S WHAT I'M GOING TO ASK TONIGHT IS THAT WE KEEP THE CODE THAT HAS BEEN PASSED OF 250 FEET.

AS YOU SEE, THE BUSINESS IS 150 FEET WEST OF NORTH COUNTY ROAD, AND NORTH COUNTY ROAD, OF COURSE, IS CLOSER.

WE HAVE TALKED ABOUT HOW WE'RE HAPPY FOR THE NEW BUSINESS TO BE IN FRISCO.

BUT THIS REALLY FEEL LIKE THIS IS NOT THE RIGHT LOCATION.

NORTH COUNTY ROAD, AS YOU KNOW, IS A TWO-LANE ROAD.

IT IS FULL OF KIDS.

AS SUCH, I FEEL LIKE WE SHOULD PROTECT IT.

STALEY MIDDLE SCHOOL IS ON THAT ROAD.

THE NATATORIUM IS ON THAT ROAD.

THERE ARE THREE CHURCHES ON THAT ROAD.

THERE'S A DAYCARE ON THAT ROAD.

THERE'S A PARK, WARREN PARK IS ON THAT ROAD.

THERE'S A FOOTBALL STADIUM ON THE ROAD, MEMORIAL FOOTBALL STADIUM, AND A SOCCER FIELD AT THE PITT.

FOR ALL OF THOSE REASONS, FOR ALL THE KIDS THAT ARE UP AND DOWN THAT ROAD, I FEEL LIKE WE SHOULD REALLY PROTECT THAT. ITS NATURAL.

IF YOU GET A NEW EXHAUST SYSTEM, WHICH AT THE PLANNING AND ZONING MEETING THAT WE ATTENDED, THE OWNER DID SAY THAT THAT WAS ABOUT A THIRD OF THEIR BUSINESS WAS INSTALLING NEW CUSTOM EXHAUST SYSTEMS. ANOTHER BIG PORTION WAS LIFT KITS.

IT'S JUST HUMAN NATURE TO WANT TO TEST THAT OUT.

THE PLACES TO TEST IT OUT WOULD BE NORTH COUNTY, FISHER, MEADOW HILL DRIVE, THOSE WOULD BE THE NATURAL PLACES TO TEST THAT OUT.

I JUST FEEL LIKE SINCE THE PANDEMIC, WE'VE GOT ALL THESE LOUD CARS.

I JUST FEEL LIKE, BOY, HOWDY, DO WE REALLY NEED MORE OF THOSE? I WOULD REALLY APPRECIATE IT IF WE DID NOT HAVE THOSE.

THOSE HAVE BECAME THE BIND OF MY EXISTENCE FOR A LITTLE WHILE, BUT THAT'S A PERSONAL THING.

SORRY. JUST REALLY WOULD ASK, IS THERE A COMPELLING REASON WHY WE NEED TO GO AGAINST THE ZONING CODE THAT'S ALREADY BEEN ESTABLISHED? I FEEL LIKE THE OWNER HAS NOT PRESENTED A COMPELLING REASON WHY WE NEED TO DISREGARD THE CODE THAT'S ALREADY IN PLACE. THANK YOU VERY MUCH.

>> THANK YOU. NICHOLAS FERGUSON AND THEN JOHN FERGUSON.

>> GOOD EVENING, CITY COUNCIL MEMBERS.

MY NAME IS NICHOLAS FERGUSON, AND I AM A RESIDENT OF MEADOW HILL ESTATES, AND I LIVE AT 7734 THISTLE TREE LANE.

FIRST, I WANT TO SAY THAT I SUPPORT THE APPROVAL AND ISSUANCE OF THE SPECIFIC USE PERMIT.

I'VE LIVED IN FRISCO FOR OVER 30 YEARS.

I REMEMBER WHEN HIGHWAY 289 WAS A TWO-LANE BLACKTOP ROAD, AND IF YOU WANTED ANYTHING OTHER THAN WHAT BROOKSHIRES HAD TO OFFER, YOU HAD TO DRIVE INTO PLANO TO THE TARGET.

I REMEMBER DRIVING BACK INTO FRISCO AND PASSING THE FRISCO CITY LIMIT SIGN, POPULATION 20,000 PEOPLE.

NOW, 30 YEARS LATER, THAT SIGN SAYS 250,000.

THIS CITY HAS GROWN AND IT CONTINUES TO GROW.

BUT A CITY IS ONLY AS GOOD AS THE SERVICES THAT IT AND THE BUSINESSES THAT RESIDE IN IT CAN PROVIDE.

WHEN THE CITIZENS HAVE TO LEAVE THEIR CITY IN SEARCH OF A SERVICE, THAT IS A FAILING OF THE CITY.

I THINK THERE'S A MASSIVE LACK OF INDEPENDENTLY OWNED SMALL BUSINESS IN FRISCO, ESPECIALLY THE AUTOMOTIVE SECTOR.

I'VE GONE AND LOOKED AT THE BUILDING THAT IS UNDER SCRUTINY TONIGHT, AND I HAVE A HARD TIME UNDERSTANDING WHY MY NEIGHBORS ARE SO AGAINST THE ISSUANCE OF THIS SUP.

[01:05:03]

THIS BUILDING LOOKS NICER THAN THE DISCOUNT TIRE THAT JUST OPENED ON PRESTON.

IT ALSO SEEMS TO BE AIR-CONDITIONED, WHICH PROBABLY MEANS THE DOORS ARE GOING IN AND OUT ARE GOING TO BE CLOSED MOST OF THE TIME.

THEN BETWEEN THAT BUILDING AND THE BRICK WALL THAT LINES MY NEIGHBOR'S ALLEYWAY ON THE EAST SIDE OF NORTH COUNTY, RESIDES ANOTHER BUILDING OF THE SAME DIMENSIONS IN NORTH COUNTY.

I'M NOT QUITE SURE HOW THEY'RE GOING TO HEAR ANY NOISES RELATED TO THIS ESTABLISHMENT.

ON TOP OF THAT, I DON'T SEE HOW MY NEIGHBORS CAN COMPLAIN ABOUT NOISE POLLUTION WHEN WE ALREADY DEAL WITH NOISE THAT IS GENERATED FROM WARREN PARK AND MEMORIAL STADIUM.

HALF THE YEAR ON THURSDAY AND FRIDAY NIGHTS, I HEAR THE BAND AND ANNOUNCEMENTS FROM THE GAMES BLARING AWAY AT MEMORIAL.

THEN ALL DAY SATURDAY, WE HEAR NOISE FROM WARREN PARK.

BUT THEY'RE CONCERNED ABOUT THE NOISE DURING THE DAYTIME FROM AN AUTOMOTIVE SHOP.

I GUESS I'M ALSO CONFUSED HOW EIGHT PEOPLE WHO CARED ENOUGH TO SHOW UP FROM A NEIGHBORHOOD OF OVER 500 HOMES COULD STOP A BUSINESS FROM OPENING OVER TWO-TENTHS OF 250 FEET ZONING ORDINANCE.

FOR EVERY NEIGHBOR THAT I'VE TALKED TO HAD SEEN THE FACEBOOK POST FROM THE HOA GROUP CALLING FOR OPPOSITION TO THE BUSINESS OPENING.

EVERY NEIGHBOR I TALKED TO WAS APATHETIC TO THIS ISSUE.

SO APATHETIC, THEY DIDN'T EVEN CARE TO RESPOND AND SUBMIT A COMMENT ON THE FRISCO INPUT PAGE.

FOR PLAN THE PLANNING AND ZONING MEETING, ONLY 48 PEOPLE CARED TO MAKE AN INPUT.

OF THOSE 48, 30 WERE AGAINST, AND OF THOSE 30, ONLY EIGHT SHOWED UP TO THE PLANNING AND ZONING MEETING TO VOICE THEIR OPINIONS.

IN THE CITY OF OVER 250,000 PEOPLE, WHY DO ONLY EIGHT GET TO STOP A BUSINESS FROM OPENING WHEN THOUSANDS DIDN'T STOP UNIVERSAL STUDIOS? IS TWO-TENTHS OF 250 FEET ENOUGH TO STOP AN INDEPENDENT AUTOMOTIVE REPAIR FACILITY THAT LOOKS NICER THAN SOME OF THE DEALERSHIPS IN FRISCO FROM OPENING? I DON'T BELIEVE THAT IT IS. THANK YOU.

>> THANK YOU. JOHN FERGUSON AND THEN CARTER FERGUSON.

>> GOOD EVENING, JOHN FERGUSON, 8469 FAIR OAKS.

I LIVE IN THIS NEIGHBORHOOD. I'M HERE FOR IN SUPPORT.

WE NEED MORE AUTOMOTIVE INDEPENDENT REPAIR IN THIS CITY.

YES, THEY DO EXHAUST REPAIR, FRONT ALIGNMENT, GO TO DO ADA RECALIBRATION, WHICH IS ADVANCED DRIVER SAFETY SYSTEMS. IF YOU HAVE LANE CHANGING YOUR CAR.

THAT IS SOMETHING THAT'S NOT CURRENTLY OFFERED BY ANYBODY IN FRISCO OTHER THAN THE DEALERSHIP.

SO THERE'S A DEFINITE NEED.

I HOPE YOU WILL SUPPORT US. THANK YOU.

>> THANK YOU. CARTER, AND THEN ROBERT NORRIS.

>> GOOD EVENING, GUYS. I'M SORRY I THOUGHT AS APPLICANT, I WAS GOING TO GET A LITTLE BIT MORE TIME AT THE BEGINNING, SO I'M GOING TO KIND OF RUSH THROUGH THIS REAL QUICK.

MY NAME IS CARTER FERGUSON.

I LIVE AT 2710, SIR BEDIVERE LANE IN LEWISVILLE.

I'M 33-YEARS-OLD. I'M A FATHER AND ENTREPRENEUR A COMMUNITY SERVANT, AND THE OWNER AND OPERATOR OF MILLER MUFFLER SUSPENSION.

A COMPANY FOUNDED BY MY GRANDFATHER AND PASSED DOWN.

I GREW UP IN FRISCO.

I GRADUATED FROM THE INAUGURAL CLASS OF LAKELAND IN 2010.

I WAS ON THE MAYOR YOUTH COUNCIL UNDER MAYOR MOSSO.

I'M HERE TONIGHT TO REQUEST YOUR SUPPORT IN MAKING MY BUSINESS A PART OF YOUR CITY.

MILLER MUFFLER AND SUSPENSION, WE ARE A LOT MORE THAN THE TYPICAL MUFFLER SHOP YOU SAW 20 YEARS AGO.

WE'RE AN UNDER-CAR SPECIALIST.

OUR SERVICES INCLUDE ALIGNMENTS, SUSPENSION, REPAIR AND DIAGNOSTIC, LIFTS, AND LOWERING KITS, WHEELS, TIRES, BRAKES, CATALYTIC CONVERTERS.

THEY KEEP THE AIR YOU BREATHE CLEAN, BY THE WAY, AND ACCESSORIES, SUCH AS BED COVERS, STEP BARS, WITCHES, HITCHES, LIGHTS, AND MORE.

WE ALSO SERVICE ADOS, WHICH IS CALIBRATING FRONT-FACING AND REAR-FACING DR AND BLIND SPOT CAMERAS, ALL OF WHICH ARE DESIGNED TO SAVE LIVES.

IF YOU REMEMBER THE HONDA COMMERCIAL FROM A COUPLE OF YEARS AGO, WHERE THE DATA IS SAVED BY THE AUTOMATIC BRAKING SYSTEM, THAT'S WHAT ADOS IS.

YES, WE DO STILL MAINTAIN REPAIR AND CUSTOMIZED EXHAUST OR MUFFLERS.

WE'VE ALIGNED POLICE CARS, FIX ISSUE WITH THEIR STROLL LIGHTING SYSTEMS. WE'VE HELPED HITCH INSTALLATIONS ON SPECIALIZED CITY TRUCKS AND BREATHER TIPS ON FIRE TRUCKS.

I TELL YOU THIS BECAUSE I BELIEVE FRISCO IS LACKING IN SOME AREAS, AND THE BARRIER ENTRY CAN BE DIFFICULT FOR SMALL BUSINESS.

INSTEAD, WHAT YOU WIND UP WITH ARE MASSIVE DEALERSHIPS AND CHAINS THAT BIND PEOPLE OVER AT EVERY OPPORTUNITY.

SMALL BUSINESS AND INDEPENDENT SHOPS LIKE MINE ARE GOOD FOR EVERYONE.

WE CREATE COMPETITION IN THE MARKETPLACE FOR PROVIDING OPTIONS.

TO NOT VOTE IN FAVOR OF THE SUP, MEANS YOU'RE PUSHING THE CITIZENS OF FRISCO OUT OF THE CITY.

TO NOT VOTE IN FAVOR OF THE SUP IS A DISSERVICE TO YOUR CITIZENS.

FOR THE PAST 30 YEARS, UNDER MY GRANDFATHER AND FATHER, MILLER MUFFLER HAS SERVED THE COMMUNITY.

COLLECTIVELY, WE CREATED A BUSINESS THAT HAS SERVED LOUISVILLE AND SURROUNDING CITIES OF BUSINESS THAT CITIZENS TRUST.

MY DALLAS AND PLANO LOCATION IS IN COLLIN COUNTY AND HAS BEEN VERY SUCCESSFUL THIS FAR.

UNDER ME, WE'VE EXPANDED OUR SCOPE AND GROWN BEYOND WHAT YOU MIGHT VISUALIZE AS A MUFFLER SHOP.

I KEEP THE NAME IN HONOR OF MY FATHER AND GRANDFATHER, WHAT THEY BUILT BEFORE ME.

I TYPICALLY EMPLOY FIVE TO SIX EMPLOYEES AT EACH LOCATION.

I PROVIDE HEALTH INSURANCE, INCOME, AND PTO.

WE HAVE A MEDIAN SALARY OF ABOUT $80,000,

[01:10:01]

AND IN 2022 AND 2023, EACH YEAR, WE GENERATED OVER $100,000 AT EACH SHOP AND SALES TAX FOR STATE AND LOCAL GOVERNMENTS.

BEFORE COUNSEL, THERE IS A REJECTION BY PLANNING AND ZONING.

I CATEGORICALLY DISAGREE WITH THIS IN EVERY WAY.

I BELIEVE THEY WERE SWAYED BY A FEW RESIDENTS OF MEADOW HILL.

THEY VOICED THEIR CONCERNS AND THINK WE ARE GOING TO BE A DETRIMENT TO THE NEIGHBORHOOD.

THAT STATEMENT IS SIMPLY NOT TRUE OR BASED ON ANY MEASURABLE FACT.

THE PLAN DEVELOPMENT REQUIRED US TO BUILD A BUILDING THAT CREATED A TRANSITIONAL APPROACH FROM RESIDENTIAL TO INDUSTRIAL.

WE DID THAT. OUR BUILDINGS ARE BEAUTIFUL.

WE ARE IN A CONDO ASSOCIATION SAME AS THE RESIDENTS.

OUR STANDARDS ARE MORE INTENSE THAN THE RESIDENTIAL HOA.

AT THE PLANNING AND ZONING MEETING, WE HEARD SOME REASONS FOR REJECTION.

THE SAME REASONS REPEATEDLY, NOISE, TRAFFIC, SAFETY, ADVANCED EQUIPMENT INSTALLS, AND THE 250-FOOT RULE.

I HAVE A COUPLE OF EXTRA SECONDS. IS THE APPLICANT?

>> WE'LL HAVE SOME FOLLOW-UP QUESTIONS FOR YOU.

>> YOU WILL. SO IS THAT ALL MY TIME? THAT'S IT. I'M DONE.

>> YOU'LL HAVE SOME MORE TIME HAVE WHEN COUNSEL AS QUESTIONS.

>> ROBERT NORRIS NEXT AND RHONDA CLAYTON.

>> OKAY. GOOD EVENING. MY NAME IS ROBERT NORRIS.

I WAS BORN IN FRISCO AND LIVE AT 94 20 MOOSA ROAD, WHICH IS NORTH OF THIS PROJECT.

BEN THERE SIN 2072.

FACT, I WAS TRYING TO REMEMBER IF RICHARD ABERNATHY OR MYSELF CAME AROUND FIRST, WE'VE BOTH BEEN HERE FOR MANY, MANY YEARS.

SO I LOGICALLY TRY TO LOOK AT THIS PROJECT AND HAVE THOUGHT ABOUT ALL THE GROWTH IN FRISCO, ESPECIALLY ALONG NORTH COUNTY ROAD.

IT LOOKS LIKE TO ME THIS USE WOULD BE A GOOD USE.

A SMALL BUSINESS THAT SUPPORTS OUR NEEDS.

WE ALL DRIVE CARS.

WE'RE ALL GOING TO NEED FRONT-END ALIGNMENTS.

WE'RE ALL GOING TO NEED TO HAVE OUR CHECK ENGINE LIGHTS CHECKED.

IF YOU LOOK AT THE OTHER POSSIBLE USES THAT DON'T REQUIRE AN SUP.

WE COULD HAVE MOTORCYCLE SHOPS, EQUIPMENT RENTALS, DANCE.

THERE'S JUST SO MANY USES THAT WOULD GENERATE MORE TRAFFIC AND MORE NOISE.

THIS USE WOULD BE A VERY LOW IMPACT ON THE NEIGHBORHOOD AS FAR AS TRAFFIC AND NOISE, IN MY OPINION.

I HAVE TO SAY I'M PERSONAL.

I'VE KNOWN THE FAMILY, CARTER, AND HIS FAMILY.

THEY HAVE BEEN AROUND FOR A LONG TIME.

THEY CURRENTLY TWO GENERATIONS LIVE IN Y'ALL'S NEIGHBORHOOD.

I FEEL LIKE THEY'VE WORKED WELL WITH THE CITY TRYING TO COME UP WITH LIMITATIONS THAT WOULD FIT THE NEIGHBORHOOD AND BE A GOOD NEIGHBOR.

ANYWAY, I THINK EVERYTHING ELSE HAS BEEN SAID.

I'M IN SUPPORT OF IT.

I THINK A SMALL BUSINESS THAT'S THE OWNERS LIVE IN YOUR COMMUNITY WOULD BE A GREAT FIT AND A GREAT SERVICE FOR ALL OF YOU. I HOPE ALL APPROVE IT.

>> THANK YOU. NEXT, RONA CLETON, AND THEN JOHN MATTHEWS.

>> I'M RHONDA CLAYTON I LIVE AT 7735 SUNFLOWER WAY, AND WE HAVE A LOT OF NOISE IN BRISCOE, BUT I DON'T SEE HOW PEOPLE REPAIRING NOISY MUFFLERS, WHICH IF THEY NEED WORK, THEY'RE NOISY IS GOING TO MAKE IT.

I'M VERY MUCH FOR THIS BUSINESS.

>> THANK YOU. JOHN MATTHEWS.

THEN FINALLY, LE MAYER.

>> GOOD EVENING, COUNSEL, AND THE MAYOR.

THANK YOU FOR MY TIME TO SPEAK.

MY NAME IS JOHN MATTHEWS.

I OWN THE PROPERTY 10525 NORTH COUNTY ROAD.

I'M THE BUILDING DIRECTLY SOUTH OF THE BUILDING IN QUESTION.

BESIDES HAVING MY BUSINESS THERE, I OWN CAR DEALERSHIPS, AND I HAVE BEEN IN THE CAR BUSINESS GOING BACK 30 YEARS.

THE TYPE OF WORK THAT'S BEING SPOKEN TO HERE IS NOT LOUD IN THE LEASE.

FRANKLY, NORTH COUNTY ROAD RIGHT NOW WITH THE NATURAL TRAFFIC IS SO LOUD, YOU WOULDN'T BE ABLE TO HEAR ANYTHING GOING ON THERE, EVEN IF IT WAS LOUD.

TO ADDRESS THE CONCERNS ABOUT TRAFFIC.

IF THIS BUSINESS IS SERVICING ONE CUSTOMER AN HOUR, AND IT SOUNDS LIKE THAT'S WHAT THEY'RE GOING TO BE DOING IS ONE MORE CAR AN HOUR ON NORTH CRANE ROAD, GOING TO MAKE THAT BIG OF A DIFFERENCE TO THIS NEIGHBORHOOD.

NOW, I'M SYMPATHETIC TO EVERYBODY'S POSITION.

I WANT TO BE GOOD NEIGHBORS WITH CARTER WHO HAS BEEN A GREAT NEIGHBOR TO ME, AND I WANT TO BE GOOD NEIGHBORS WITH FOLKS ACROSS THE STREET.

I DON'T, BASED ON MY EXPERIENCE, SEE HOW THIS PARTICULAR BUSINESS AND BUSINESS MODEL AND VOLUME IS GOING TO HAVE A VERY LARGE EFFECT ON THIS NEIGHBORHOOD.

THERE IS NO DRIVEWAY INTO OUR PROPERTY.

[01:15:01]

YOU HAVE TO EXIT FROM THE SIDES.

IT DOES NOT DISRUPT THE ENTRANCE THAT GOES INTO THE NEIGHBORHOOD THERE, WHICH I DON'T KNOW IF ANYBODY'S TALKED ABOUT THAT.

WE DON'T HAVE A DRIVEWAY OFF OF NORTH COUNTY ROAD THAT GOES ONTO THIS PROPERTY.

SO ANYBODY WHO LEAVES IN A VEHICLE LEAVES FROM A DIFFERENT DIRECTION THAN DIRECTLY ONTO NORTH COUNTY ROAD.

OKAY. WE DON'T HAVE A DRIVEWAY GOING INTO THE MIDDLE OF OUR PROPERTY.

>> EXCUSE ME. ALLOW HIM HIS TIME TO SPEAK.

>> I APPRECIATE EVERYBODY'S POSITION.

I ALSO WANT TO INVITE EVERYBODY TO THINK ABOUT THE PERSONAL SIDE OF IT.

WE'VE GOT A GENTLEMAN HERE WHO'S AN ENTREPRENEUR, WHO'S GOT THREE COMPANIES.

HE'S GOT A FAMILY TO FEED.

HE'S GOT EMPLOYEES THAT HAVE FAMILIES TO FEED.

HE'S INTENDING TO BRING FIVE TO SIX PEOPLE THERE TO WORK TO SUPPORT THEIR FAMILIES.

I JUST IN MY MIND, I DON'T SEE THE AMOUNT OF DISRUPTION AND ASSUMPTIONS THAT I'M HEARING THAT OFFSETS THE HUMAN COST OF A GUY WHO'S BOUGHT A BUILDING, CAN'T OCCUPY IT, AND CANNOT EMPLOY THE PEOPLE HE'S MADE COMMITMENTS TO.

I ALSO WANT TO MAKE SURE THAT EVERYBODY UNDERSTANDS THAT.

IF HE CAN'T GO INTO THIS BUILDING, THERE'S LOTS OF OTHER BUSINESSES THAT TO MY MIND, ARE MORE ODIOUS THAN THIS ONE, THAT DON'T REQUIRE AN SUP, AND I'LL GIVE YOU SOME EXAMPLES, FUNERAL PARLOR, DRIVE THROUGH RESTAURANT, BOARDING HOUSE, BUILDING MATERIAL SUPPLY COMPANIES.

FULL-SERVICE CAR WASH, INDOOR AMUSEMENT PARKS, EQUIPMENT RENTALS, INDOOR FLEA MARKETS, DANCE STUDIOS.

THAT'S PROBABLY GOING TO BE A WHOLE LOT LOUDER THAN NOISE THEY WOULD EVER MAKE AND LAUNDROMATS.

THESE ARE THE TYPES OF BUSINESSES THAT CAN GO IN THERE.

IF THIS GENTLEMAN IS NOT APPROVED, SOME OTHER BUSINESSES IS GOING TO GO IN THERE.

AGAIN, I DON'T SEE THAT THERE'S GOING TO BE THE NOISE AND THE DISRUPTION THAT YOU'RE STATING, BUT I'M TOTALLY SYMPATHETIC TO YOUR POSITION.

I APPRECIATE THE TIME. THANK YOU, TOO.

>> THANK YOU, SIR. LASTLY, WE HAVE LEA REY.

>> HELLO, MY NAME IS LEA REY MYRN AND I LIVE AT 7763 SUNFLOWER WAY.

I JUST WANT TO SAY I'M A RESIDENT OF THE NEIGHBORHOOD, AND I AM IN FAVOR OF THIS PRIMARILY BECAUSE IT IS A SMALL BUSINESS.

IT SEEMS TO HAVE DONE A LOT OF WORK TO GO WITHIN THE BOUNDS OF WHAT THEY NEED TO DO TO OPERATE IN THAT AREA.

THEN ALSO, THE OTHER THING THAT OCCURRED TO ME, AND THAT WAS A CONSIDERATION THAT I TOOK INTO MY MIND WAS THE NOT IN MY NEIGHBORHOOD FEEL OF THIS, WE WANT BUSINESSES, BUT WE WANT CERTAIN BUSINESSES.

IF IT INTO MY MIND, IF IT FALLS WITHIN THE PARAMETERS THAT WERE SET BY THE PLANNING AND ZONING COMMITTEE, AND IT IS MEETING THE REQUIREMENTS, THEN IT SHOULD BE ALLOWED. THANK YOU.

>> IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK DURING CITIZEN INPUT? SEEING NONE, MOVED TO CLOSE.

MOTION BY BILL. SECOND BY TAMMI I FAVOR.

PASSES 50.

PUBLIC HEARING IS NOW CLOSED.

MR. FERGUSON, I MAYBE HAVE A FEW QUESTIONS IF YOU WANT TO.

CERTAINLY, IT'S OUR GOAL TO HEAR FROM BOTH SIDES OF THE ISSUE AND GIVE EVERYONE YOU KNOW OPPORTUNITY TO SHARE THEIR CONCERNS, BUT CERTAINLY, YOU BEING THE BUSINESS OWNER AND THE APPLICANT THE OPPORTUNITY TO, YOU KNOW, KIND OF SHARE YOUR VISION AND SO FORTH.

WE USUALLY DON'T LIMIT THAT IN THE PUBLIC COMMENT, BUT I GUESS I MEAN TO HAVE YOU TRY TO SPEED READ THROUGH IT, BUT I WOULD LIKE TO HEAR FROM YOU 30,000-FOOT VIEW EXPLAINING THE BUSINESS, WHAT IT IS, WHAT IT ISN'T.

>> WE'RE A SMALL BUSINESS. WE FOCUS ON THE CUSTOMIZATION AND SOME OF THE SMALLER SIDE OF REPAIRS AND AUTOMOTIVE.

WE DO ALIGNMENTS, EIGHT OFF BRAKES, SUSPENSION LIFTS AND LOWERING KITS NOISE.

I KEEP HEARING THIS COMMON CONCERN ABOUT NOISE COME UP, AND NOISE COME UP AND NOISE COME UP.

YOU CAN STAND OUTSIDE OF ALMOST ANY AUTOMOTIVE SHOP, AND YOU REALLY DON'T HEAR MUCH NOISE COMING FROM THE INTERIOR.

EVEN WITH ALL THE BAYS OPEN, THIS IS NOT REALLY A REASONABLE CONCERN IN MY OPINION.

IT'S GOING TO BE QUIET.

THE BUILDING WAS OVER-INSULATED BY THE DEVELOPER WHEN WE BUILT THE BUILDING, MAINLY BECAUSE WE WERE TRYING TO ACTUALLY BE RESPECTFUL TO THE PEOPLE NEXT DOOR TO US, AS WELL AS THE CITIZENS ACROSS THE STREET.

I PURCHASED THE QUIETEST AIR COMPRESSOR SYSTEM YOU CAN BUY ON THE MARKET, TRYING TO MAKE SURE I WAS RESPECTFUL OF EVERYBODY'S WISHES AND GETTING INTO THIS.

BECAUSE I UNDERSTAND IT'S A UNIQUE SITUATION TO GO IN THERE.

[01:20:03]

I HAD TO WORK VERY HARD WITH THE DEVELOPER TO GET HIM TO UNDERSTAND, I'M NOT A MAJOR AUTOMOTIVE REPAIR.

I'M NOT REALLY COMPARABLE TO A DEALERSHIP OR A FIRETONE, OR EVEN A QUICK CAR FIELDS IN OIL CHANGES.

I'M MUCH CLEANER THAN THAT.

WE MAKE TRUCKS NICE, WE MAKE THEM PRETTY.

THAT'S WHERE WE ARE. PUTTING LIPSTICK ON A PIG.

I HEARD WAS SAID. IT'S A REALLY NICE PIG.

WE'RE WORKING ON 99% OF THE TIMES, IF THAT'S THE CASE.

>> THE 200 FEET, THE BUILDING IS 200 FEET, 8" FROM THE WALL THAT BACKS UP TO THIS NEIGHBORHOOD.

ALL OF OUR WORK IS BEING DONE ON THE WESTERN SIDE, THE EASTERN SIDE, A SHOWROOM, AND DISPLAY.

WE'RE COMMITTED TO BEING GOOD NEIGHBORS.

WE REALLY WANT TO SERVE THE RESIDENTS OF MEADOW HILL ESTATES, ALL OF THE COMMUNITY AROUND.

I THINK THIS IS A GOOD FIT FOR US.

THIS IS NOT A SERVICE THAT THE CITY OF FRISCO HAS TO DATE.

YOU GUYS DON'T HAVE IT.

AND IT'S BEEN THE GOLDEN GOOSE, TRYING TO GET IN HERE, AND I AM TRYING TO BRING THE SERVICE TO THE CITY.

I WILL DO A GOOD JOB. I PROMISE.

I'M AS COMMITTED AND INVESTED AS EVERY SINGLE ONE OF THE PEOPLE BEHIND YOU IN KEEPING REAL ESTATE HIGH AND THE BUSINESS RIGHT.

BUT I WOULD APPRECIATE YOUR APPROVAL RIGHT HERE.

>> HOW MANY CARS DO YOU TYPICALLY WORK ON ON A DAY?

>> IN A DAY, IT'S SOMEWHERE BETWEEN 7-10.

>> THEN TYPICAL HOURS OF OPERATION?

>> WE'RE GOING TO BE 8:00-6:00 MONDAY THROUGH FRIDAY, WE'RE 8:00-5:00 ON SATURDAY.

>> HEN, JONATHAN, I THINK I MAYBE HAVE A FOLLOW-UP QUESTION ON THE DISTANCE WITH YOU.

WHEN YOU DO THE ORDINANCE MEASUREMENT, IT'S BASICALLY FROM PROPERTY LINE TO PROPERTY LINE.

>> CORRECT. THE 150 FEET THAT WAS REFERENCED, THAT IS THE LOCATION OF THE PROPERTY WHEN THE POSTCARDS WENT OUT SAYING THAT THE BOUNDARY IS 150 FEET OF NORTH COUNTY ROAD, WHEN WE ARE MEASURING THE DISTANCE BETWEEN THE USE AND RESIDENTIAL, WE MEASURED IT FROM THE BOUNDARY OF THE PROPOSED SUP REQUEST, THE YELLOW LINE TO THE NEAREST RESIDENTIAL LOT.

>> BUT THE ACTUAL CAR WORK IS GOING TO BE DONE ON THE WESTERN HALF OF THE SPACE.

IF THE APPLICANT DEVISED IT INTO TWO SPACES, ONE SPACE BEING THE OFFICE AND SHOWROOM, AND THEN ONE SPACE BEING WHERE THE WORK WAS DONE, WOULD THEY FALL WITHIN THAT 250-FOOT REQUIREMENT?

>> IF THE APPLICANT WERE TO GO THAT ROUTE, THEY WOULD MEET THE 250 FEET REQUIREMENT.

HOWEVER, THE REQUEST THAT IS BEFORE YOU ALL THIS EVENING IS THAT THE WHOLE YELLOW BOUNDARY, THEY WOULD UTILIZE THE WHOLE BUILDING, NOT JUST SUITE 1 OR SUITE 2, BUT THE WHOLE BUILDING FOR MAJOR AUTOMOBILE REPAIR.

SHOULD THIS BE DENIED AND THE APPLICANT COME BACK, THEY COULD POTENTIALLY MEET THAT 250 FEET REQUIREMENT, BUT THAT IS NOT WHAT IS BEFORE YOU ALL THIS EVENING.

>> IF THEY WENT THROUGH THAT, I GUESS, "MORE TECHNICAL REQUIREMENT TO MEET THE LETTER OF THE LAW OF THE ORDINANCE" THEY WOULD STILL NEED AN SUP FROM THAT, BUT THEN THEY TO HAVE THAT ONE X MARK ON THEIR CHECKBOX, SO TO SPEAK.

>> THAT IS CORRECT. PLAN DEVELOPMENT 97 REQUIRES A MAJOR AUTOMOBILE REPAIR TO GO THROUGH THE SUP PROCESS.

REGARDLESS OF THE DISTANCE REQUIREMENT, THEY WOULD STILL HAVE TO GO THROUGH THIS PROCESS.

>> ALL RIGHT, COUNSEL, TURN IT FOR OTHER QUESTIONS YOU MAY HAVE.

>> YEAH.

>> JOHN, DID YOU WANT TO ADD SOMETHING?

>> YES. SOMETHING THAT WOULD BE ON THE TABLE AS JONATHAN WAS EXPLAINING, IF THEY CUT THE BUILDING IN HALF, IF THAT'S SOMETHING THAT COUNSEL WANTS TO SEE, IT STILL WOULD REQUIRE THE SUPERMAJORITY VOTE.

BUT YOU COULD SAY THEY WANT THE BUILDING CUT IN HALF.

YOU CAN SHRINK THE PROPERTY FROM WHAT'S BEEN ADVERTISED.

BUT YOU CAN'T ENLARGE THE PROPERTY BECAUSE THEN IT'S MAKING LARGER AND THEN YOU GOT TO KICK IT BACK TO THE PLANNING AND ZONING COMMISSION.

BY GOING WITH A SMALLER SITE, YOU'RE STILL WITHIN YOUR RIGHTS TO OPERATE ON THE CASE, BUT IT WOULD STILL REQUIRE SUPERMAJORITY VOTE.

IF THE CASE IS DENIED, THEY RESUBMIT MEETING THE 250 FEET.

THAT WOULD CHANGE THE NOTIFICATION BECAUSE I DON'T THINK ANYTHING WOULD BE NOTIFIED EAST OF NORTH COUNTY.

THAT WOULD PRESUMABLY BE A MAJORITY VOTE.

[01:25:03]

>> JONATHAN, A NUMBER OF ISSUES WERE RAISED BY RESIDENTS.

I'M WONDERING YOU CAN ADVISE ME HERE IS WHAT IF COUNCIL WERE TO TABLE THIS ITEM AND ALLOW THE APPLICANT AN OPPORTUNITY TO REVISIT WITH PLANNING AND ZONING AND HAVE THE HOURS STATED, HAVE AN OPPORTUNITY TO LOOK AT DIVIDING THIS BUILDING, AS THE MAYOR DESCRIBED, AND ADDRESSING PERHAPS SOME OF THE OTHER CONCERNS HERE, IF THERE WAS AN OPPORTUNITY FOR THEM TO THEN RESUBMIT.

I KNOW IF WE TABLE THIS, I DON'T KNOW WHAT OUR VOTE COUNT IS GOING TO BE TONIGHT.

I HONESTLY DON'T, BUT A LOT OF COMPELLING ARGUMENTS AGAINST THIS SUP.

AT THE SAME TIME, I'M HEARING BOTH SIDES, AND I WOULD SAY TO THE RESIDENTS GATHERED HERE, THE WONDERFUL THING ABOUT FRISCO IS THAT WE HAVE RETAINED OUR SMALL TOWN, SMALL COMMUNITY FEEL.

WE CAN HOLD A MEETING LIKE THIS AND HAVE CITIZENS TURN OUT AND SPEAK FOR AND AGAINST ITEMS, AND I LOVE THAT.

I WOULD CAUTION, I WOULD SAY, THAT YOU HAVE A UNIQUE OPPORTUNITY HERE WHERE YOU'VE GOT THE BUSINESS OWNER LIVING IN YOUR NEIGHBORHOOD.

YOU KNOW WHERE HE LIVES AND YOU KNOW HOW TO MAKE A COMPLAINT AND GET THINGS CHANGED IF YOU SO DESIRE TO GO DOWN THAT PATH.

OF COURSE, YOU'VE GOT CITY COUNCIL, YOU'VE GOT PLANNING AND ZONING.

YOU'VE GOT THESE ORDINANCE HERE IN PLACE ABSOLUTELY FOR A REASON, AS MANY OF YOU ALL STATED.

I WOULD ALSO, AT THE SAME TIME, TELL YOU THAT SOMEONE IS GOING TO OCCUPY THIS SPACE.

IT MAY NOT BE A BUSINESS THAT YOU WANT.

IT MAY BE ONE THAT DOESN'T REQUIRE AN SEP AS WAS STATED EARLIER, AND I WOULD JUST BE MINDFUL OF THAT.

I ASKED THE CITY MANAGER A QUESTION FOR THE CITY ATTORNEY ABOUT TABLING THIS AND LETTING HIM COME BACK TO P&Z.

>> YOU CAN SEND IT BACK TO P&Z IF YOU WANTED TO.

THAT COULD BE ONE OF YOUR ACTIONS.

>> WELL, I'LL HOLD AND LET OTHER FELLOW COUNCIL MEMBERS WEIGH IN ON THIS.

>> YEAH, I WANT TO ASK THE APPLICANT AGAIN, MAYBE A FOLLOW-UP QUESTION.

I AGREE WITH EVERYTHING THE RESIDENT SAID.

LIKE, WHEN YOU PAINT THIS VISION OF, WHOEVER MENTIONED THESE LOUD MUFFLERS OR THE BAN OF THEIR EXISTENCE? I THINK IT'S THE BAN OF MY EXISTENCE, TOO.

I WISH WE COULD SOMEHOW OUTLAW THOSE IN THE CITY OF FRISCO.

TO ME, THAT'S, LIKE, THE MOST COMPELLING THING THAT I HEARD THAT IF MY HOUSE WAS RIGHT THERE, AND I WAS IN MY MIND, THAT'S WHAT I WAS VISUALIZING WHAT WAS GOING TO HAPPEN, I'D BE HERE ALSO SPEAKING AGAINST IT.

HOW WOULD YOU PROTECT AGAINST THAT CONCERN?

>> THERE ARE CASES WHERE WE DO MAKE VEHICLES LOUDER, BUT THERE'S, WE HAD HAD THREE-QUARTERS OF A MILLION DOLLARS OF OLD CARS IN THE SHOP THE OTHER DAY STACKED UP THAT WE WERE BUILDING EXHAUST ON.

TWO OF THEM WERE TRAILERED IN AND OUT.

THEY DON'T EVEN TOUCH THE ROAD. THEY GO TO SHOWS.

THAT IS A PIECE OF WHAT WE DO.

SOME OF OUR BUSINESS ALSO ENTAILS MAKING CARS QUIETER.

IF YOU'VE HAD A CONVERTER STOLEN OR WHEN THE CAT THEFT WAS MASSIVE, CARS RUNNING AROUND, WE WERE THE GUYS OUT THERE FIXING THAT, KEEPING THEM QUIET.

THE EXHAUST COMPONENT OF MY BUSINESS IS PROBABLY SOMEWHERE IT'S DWINDLED OVER THE YEARS.

IT'S PROBABLY SOMEWHERE BETWEEN 20-30%, AND WE DON'T SEE ANY REASON FOR IT TO CONTINUE.

WE SEE A REASON FOR IT TO CONTINUE THAT TREND WITH THE PROGRESSION OF EVS AND THINGS LIKE THAT, AND NATURALLY, NOW VEHICLES ARE JUST GETTING QUIETER.

>> WE HAVE EXPANDED THE SCOPE OF OUR BUSINESS AND GONE INTO OTHER THINGS LIKE THE LIFT KITS AND CUSTOMIZATION SIDE THAT MAKE THEM PRETTIER.

THE AD OS, WHICH IS, AGAIN, ADVANCED DRIVING SYSTEMS. THEY MAKE THE VEHICLE SAFER ON THE ROAD.

THEY KEEP YOU GUYS ALIVE.

THEY KEEP EVERYBODY ALIVE.

THAT IS A PART OF OUR BUSINESS THAT WE'VE EXPANDED THE SCOPE TO ENCOMPASS BECAUSE OF THAT.

I CAN'T TELL YOU THAT WE'RE NOT GOING TO MAKE SOME CARS LOUDER.

WE WILL. THAT WILL HAPPEN.

BUT WE'RE JUST AS LIKELY TO HAVE A SLOW POP POP PULL OUT IN AND OUT OF THERE AS WE ARE WHIP IN AND OUT WILLY.

IT DOESN'T MEAN THAT EVERYBODY THAT DRIVES BY THERE IS GOING TO TURN NORTH COUNTY INTO A RACE TRACK.

I DON'T FEEL LIKE THAT'S REASONABLE TO ASSIGN TO US.

SAME THING WITH THE TRAFFIC.

YOUR OWN TRAFFIC ENGINEER STATED WE ARE LOW TO MINIMAL IMPACT.

LOW TO MINIMAL IMPACT.

WE ARE NOT GOING TO AFFECT TRAFFIC.

WE SHOULD FIT IN GREAT WITH WHAT THE COMMUNITY IS SAYING.

THEY ARE SAYING THERE'S TOO MUCH TRAFFIC.

WE'RE LOW TO MINIMAL IMPACT FOR YOUR OWN TRAFFIC ENGINEER.

I REALLY FEEL LIKE WE'RE A GREAT FIT FOR THE SPOT.

IF THERE'S OTHER CONCESSIONS THAT CITY COUNCIL OR PLANNING ZONING WANT ME TO MAKE, I WILL GO AS FAR AS I CAN TO BE ABLE TO OPERATE MY BUSINESS TO MAKE THOSE CONCESSIONS.

THE RESIDENTS MEDAL STATE, IF THERE'S THINGS THAT THEY NEED, IF THERE'S THINGS THAT THEY WANT, I WOULD BE WILLING TO MEET WITH THEM AND GO AND MAKE

[01:30:02]

CONCESSIONS TO GET TO A MUTUAL GROUND.

AS I WAS KIND OF STATED, I DID TRY TO GO AND MEET WITH EVERYBODY THAT HAD A COMPLAINT HERE.

NOBODY REALLY WAS VERY RECEPTIVE TO ME.

THEY'VE MADE UP THEIR MINDS AT THIS POINT. THEY JUST DON'T WANT IT.

I AM THE BOOGIE MAN. THAT'S JUST NOT TRUE.

I'M GOING TO PROVIDE A SERVICE TO THE CITY OF FRISCO THAT IT DOES NOT HAVE CURRENT.

I WOULD BE AN ASSET.

IF WE PUT SOMETHING IN THERE THAT DOESN'T GENERATE ANY TAX REVENUE THAT HAS HIGH TRAFFIC COUNT, THOSE ARE GOING TO BE WORSE THAN ME.

I WOULD THINK IF YOU ASKED ANYBODY AROUND ME OF MY CURRENT TWO LOCATIONS, THEY WOULD TELL YOU I'M A GREAT NEIGHBOR TO HAVE.

>> TO THAT END THE ONE QUESTION I DO HAVE BECAUSE I'M LOOKING AT YOUR LOCATION THAT'S OVER IN LOUISVILLE?

>> YES, SIR, YEAH.

>> YOU'RE ABOUT 250 FEET FROM WHAT APPEARS TO BE A RESIDENTIAL NEIGHBORHOOD.

>> YES, SIR.

>> TELL ME ABOUT ANY COMPLAINTS THAT YOU'VE HAD AT THAT LOCATION.

>> COMPLAINTS?

>> YEAH,.

>> MY DAD BUILT THAT BUILDING 1997. WE'VE BEEN THERE FOREVER.

I DON'T THINK I'VE EVER HAD A COMPLAINT OUT OF THAT I DON'T THINK I'VE HAD ANY COMPLAINT FROM ANYBODY THERE.

MILL STREET, I WOULD TELL YOU, IS VERY SIMILAR TO NORTH COUNTY IN THE SENSE THAT PEOPLE DO SPEED ON THAT ROAD.

PEOPLE GO FASTER. IT'S A TRAFFIC.

IT'S A COLLECTOR STREET OR A MINOR THOROUGHFARE, I BELIEVE THEY'RE CALLED.

PEOPLE GO FAST. I AGREE.

IF THERE WAS A WAY THAT I COULD SLOW EVERYBODY DOWN, I WOULD. I CAN'T.

I DON'T REALLY FEEL LIKE IT'S FAIR THAT IT'S BEEN ASSIGNED TO ME THAT I AM RESPONSIBLE FOR THE CUSTOMERS LEAVING AND GOING FROM MY BUSINESS AT THEIR RATE OF SPEED.

YOU CAN'T ASSIGN THAT SAME THING TO THE PIT OR TO THE STADIUM.

IF YOU HAVE PEOPLE THAT ARE GOING TO DRIVE FAST, THEY'RE GO TO DRIVE FAST.

IT'S NOT REASONABLE TO ASSIGN THAT TO ME.

>> YOU'VE HAD NO ISSUES IN A SITUATION WHICH IS ESSENTIALLY IDENTICAL TO THE ONE [INAUDIBLE] OLD FRISCO.

>> NO, SIR. NONE. ALL I HAVE.

>> I THINK FOR ME, YOU DON'T HAVE TO STAND THERE. I HAVE A QUESTION FOR YOU.

IT'S A MATTER OF HOW YOU MAKE THE DECISION.

IT'S NOT A MATTER OF RIGHT OR WRONG.

YOU'VE GOT A SMALL BUSINESS.

I THINK EVERYONE HERE WOULD SAY THEY SUPPORT YOUR BUSINESS.

THEY SUPPORT THE THINGS THAT YOU'RE DOING FOR YOUR EMPLOYEES.

AS RESIDENTS, YOU ALL WILL HAVE A RELATIONSHIP.

GOOD, BAD, UGLY, YOU'RE GONNA HAVE ONE WITH EACH OTHER.

IT'S NOT A MATTER OF WHO IS RIGHT OR WHO IS WRONG.

IT'S REALLY HOW ARE YOU GOING TO MAKE THIS DECISION? HOW ARE THE SEVEN OF US GOING TO DO THAT.

AND SO, FOR ME, IT'S REALLY THE GUIDING PRINCIPLE OF THE FACT THAT WE HAVE PROCESSES IN PLACE.

WE HAVE SOME COBB HILL RESIDENTS HERE THAT THIS SOUNDS VERY FAMILIAR TO THE THINGS THAT THEY HAD BROUGHT UP WHEN UNIVERSAL WAS IN TOWN, AND IT WAS UP FOR A VOTE.

ONE OF THE WAYS THAT I COULD MAKE A DECISION ON THAT WAS THE FACT THAT PLANNING AND ZONING HAD A UNANIMOUS DECISION FOR.

THAT ALLOWED ME TO MAKE A DECISION, AN INFORMED DECISION ON.

THIS IS HOW WE DO THINGS.

IT GOES THROUGH THE PROCESS.

I HEAR HOW THEY'RE LOOKING AT IT, AND THEY WERE IN SUPPORT.

WE HAVE THAT BOARD FOR A REASON.

I THINK WHEN WE HAVE A UNANIMOUS AGAINST FROM THE PLANNING AND ZONING, THAT'S A PROBLEM.

IT'S HARD FOR ME TO GO AGAINST THAT AND SAY, EVERYONE THAT WE APPOINTED TO THIS BOARD TO VET OUT WHO COMES AND WHO'S ACCEPTED AND WHAT'S ALLOWABLE, THAT'S HARD FOR ME TO GO AGAINST THAT.

FOR ME, IT WOULD BE A NO.

I DON'T THINK THAT THIS IS THE END OF THE ROAD FOR YOU AND FRISCO.

I DO BELIEVE THAT THERE IS A WAY TO GET YOUR BUSINESS DONE, AND I WOULD LOVE TO SEE IT AND YOU HAVE OUR SUPPORT FOR YOUR SMALL BUSINESS AND YOUR FAMILY.

BUT FOR ME, IT'S A NO.

>> I WOULD SAY A COUPLE OF THINGS.

ONE IS, I AM FULLY SUPPORTIVE OF SMALL BUSINESSES.

I'M A SMALL BUSINESS OWNER HERE IN FRISCO MYSELF, SO THIS DECISION FOR ME IS NOT ABOUT PRO OR AGAINST SMALL BUSINESSES, NOR IS IT A DECISION ABOUT LEGITIMACY OR NECESSITY OF YOUR BUSINESS.

I ACTUALLY THINK I HAVE A LEAK IN MY RADIATOR NOW, SO I MAY HAVE TO COME AND VISIT YOU AT SOME POINT.

CERTAINLY IT IS A NEED IN OUR CITY.

I THINK THE ISSUE IS MORE ABOUT LOCATION, AND FOR ME, LOCATION IS A CONCERN.

THE DISTANCE BETWEEN THE NEAREST RESIDENTIAL DEVELOPMENT BEING LESS THAN 250 IS A CONCERN.

WE HAVE ORDINANCES AND ZONING RESTRICTIONS FOR A REASON, AND I WANT TO HONOR THOSE.

I THINK SOMEONE SAID TONIGHT, I HAVE HEARD NO COMPELLING REASON WHY WE SHOULD RELAX THOSE STANDARDS. FOR ME, IT'S A NO.

I HOPE, AGAIN, THAT YOU LOOK AT OTHER LOCATIONS IN FRISCO, BECAUSE AGAIN, I THINK LEGITIMACY AND NECESSITY WOULD SAY THAT WE DO NEED YOUR SERVICES, BUT NOT IN THIS LOCATION. I'M A NO TONIGHT.

>> I THINK THAT GIVES THE ANSWER FOR THE VOTE THIS EVENING.

BUT A COUPLE OF OTHER THINGS THAT WERE PREVIOUSLY TALKED ABOUT,

[01:35:03]

AND I GUESS THIS IS MORE FOR THE APPLICANT, ARE YOU WILLING TO CHANGE THE STRUCTURE OF YOUR ACTUAL BUSINESS, OF WHAT YOU HAD CURRENTLY PLANNED?

>> OF THE BUSINESS ITSELF?

>> IT WAS CURRENTLY PROPOSED EARLIER THAT WE WOULD KICK THIS BACK AND YOU WOULD MAKE SOME CHANGES TO THE LAYOUT OF THE BUILDING.

>> YES.

>> COMPLETE TRANSPARENCY.

THOSE BUILDINGS ARE DESIGNED TO BE SPLIT.

I CAN SPLIT THE BUILDING DOWN THE MIDDLE AND MEET THE 250 ORDINANCE ZONING. YES.

>> THEN NEXT, WE HAD CONSIDERABLE CONVERSATIONS AROUND SOUND AND THE NOISE IS OBVIOUSLY A HUGE CONCERN AND I UNDERSTAND WITH THAT BEING ONE OF THE REASONS WHY WE HAVE THE 250 FEET TO BEGIN WITH.

I DID DRIVE BY THE LOCATION, AS PROMISED, TO MANY PEOPLE AND I WAS REALLY HOPING THAT THOSE BACKYARDS WERE HUGE, AND THEY WEREN'T SUPER CLOSE TO THE HOUSE, AND IT'S CLOSE.

IT IS VERY CLOSE.

I WAS HOPING THEY WORK MULTIPLE-ACRE PROPERTIES OR SOMETHING BUT UNFORTUNATELY, IT IS TOO CLOSE.

IF WE ARE TO CONSIDER KICKING THIS BACK, ANYTHING THAT YOU CAN DO TO CONTINUE TO INSULATE THE WAREHOUSE IS THE WRONG TERM, BUT THE LOCATION IF YOU'RE WILLING TO PUT ANY SOUND PROTECTIONS FOR THE NEIGHBORHOOD, I'VE SEEN THINGS IN OTHER CITIES WHERE IF IT RAISES ABOVE CERTAIN DECIBELS, THAT A NOISE VIOLATION COULD BE PUT IN PLACE.

IF THAT'S SOMETHING THAT YOU WOULD CONSIDER TAKE THAT INTO CONSIDERATION IF WE KICK IT BACK.

I'M A CARGIRL, MYSELF.

I WAS RAISED ON WORKING ON MY DAD'S 66 MUSTANG SO I WOULD LOVE TO SEE YOU COME TO FRISCO.

I WISH IT WAS SOMEWHERE ELSE THAT WE COULD MAKE THIS WORK.

IF ANYTHING, WE NEED TO KICK IT BACK TO MAKE SOME CHANGES.

>> MY QUESTION IS THIS. IF YOU SPLIT THE BUILDING, AND THIS IS FOR MY COLLEAGUES, IF YOU SPLIT THE BUILDING, AND HE'S STILL DOING THE REPAIR WORK IN THE EXACT SAME BUILDING, YOU'RE JUST IN ONE SUITE RATHER THAN THE OTHER.

YES, YOU COMPLY WITH THE 250 FEET, BUT I WOULD VENTURE TO GUESS THAT THE RESIDENTS ARE STILL GOING TO HAVE THE SAME OPPOSITION REGARDLESS.

IF YOU'RE GOING TO SEND IT BACK TO P&Z, ARE YOU ALL WILLING TO EVEN CONSIDER SPLITTING THE BUILDING BECAUSE IF NOT, THIS GUY'S GOT A BUSINESS, HE'S GOING TO SPEND AN INORDINATE AMOUNT OF TIME AND MONEY TO GO BACK TO P&Z TO COME BACK IN HERE AND HAVE THE SAME OPPOSITION IN THE SAME BUILDING.

SPLITTING IT TO ME DOES NOTHING TO CHANGE ANY OF THE FACTS.

>> I DIDN'T OFFER A SPLIT.

>> I JUST WANT TO MAKE SURE, BECAUSE I DON'T WANT TO HAVE HIM CHASING HIS TAIL.

>> WELL, I SAID WHAT I MEANT.

>> TO BE CLEAR, I'M NOT SAYING THAT IT WOULD BE A GIVEN BECAUSE IT WOULD STILL NEED TO GO THROUGH THE PROCESS AND REVIEW OF THE END BUT THAT WAS JUST ONE OF THE THINGS THAT HAD PREVIOUSLY BEEN THROWN OUT, AND I DIDN'T WANT TO MAKE A DECISION, NOT KNOWING WHAT HIS MINDSET WOULD BE.

>> I HAVE A QUESTION FOR OUR LEGAL TEAM AND I'M ASKING THIS ON YOUR BEHALF.

I'VE BEEN UP HERE FOR A LONG TIME, AND I HAVE NEVER SEEN ANYBODY WIN A SUPER-MAJORITY CASE.

WHAT ARE THE APPLICANT'S OPTIONS? COULD HE WITHDRAW?

>> WELL, HE CAN WITHDRAW HIS APPLICATION, IF YOU ALLOW HIM.

I THINK ONCE HE TAKES IT TO COUNSEL, I DON'T KNOW IF HE CAN WITHDRAW IT OR NOT.

DO WE STILL ALLOW HIM TO WITHDRAW IT AT THE POINT OF COUNSEL?

>> CONVERSATIONS WITH YOU, RICHARD, THEY CAN WITHDRAW UP UNTIL THE VOTE ON THE ORDINANCE.

>> THE ANSWER IS, HE COULD WITHDRAW IT IF HE CHOSE TO DO SO AND THEN HE'D BE BACK TO SQUARE ONE, HE'D HAVE TO GO THROUGH THE PROCESS AGAIN.

>> BUT THAT WOULD BE THE SAME AS IF THERE WAS A STRAIGHT DENIAL HE'D BE AT THE SAME POINT, REALLY.

>> BUT WOULD HE HAVE TO COME BACK AGAIN AND FACE A SUPER MAJORITY?

>> NO. YOU'RE ACTING ON THE CASE TONIGHT SO IF THE CASE IS DENIED AND HE WANTS TO PURSUE IT AGAIN, HE WOULD HAVE TO SUBMIT A NEW CASE AND THAT NEW CASE WOULD BE FREE FROM YOUR DECISION TONIGHT.

>> WELL, NO, IT COULD BE A SUPER MAJORITY BECAUSE IT HAS TO GO BACK THROUGH P&Z AND IF P&Z VOTED NO, THEN YOU'D BE A SUPER MAJORITY.

BUT IT COULD BE THE OTHER WAY.

IT JUST DEPENDS ON THE APPLICATION AND THE REACTION OF P&Z TO THE APPLICATION.

[01:40:04]

>> I THINK THE POINT IS IN EITHER CASE, HE STARTS BACK OVER FROM SQUARE ONE AT THAT POINT, AND ANYTHING HE RESUBMITS GETS EVALUATED BASED ON ITS MERITS AT THE TIME, REGARDLESS OF WHAT THIS LOOKED LIKE.

>> IF YOU WANT TO PURSUE SOME KIND OF SOLUTION TONIGHT, THEN BECAUSE OF THE COMPLEXITY OF IT, THERE ARE SOME COMPLEXITIES, YOU NEED TO BE AWARE OF IT SO I WOULD RECOMMEND YOU GO ON EXECUTIVE SESSION FOR A FEW MINUTES TO BE SURE YOU UNDERSTAND WHAT YOUR OPTIONS ARE BEFORE YOU GO DOWN THAT PATH IF THAT'S WHAT YOU'RE INTERESTED IN DOING. IF YOU'RE NOT, THEN.

>> I THINK I COULD POTENTIALLY GET TO A YES, BUT NOT WITHOUT SOME OF THESE CONCERNS ADDRESSED.

WE'VE DONE IT IN THE PAST.

ANYTIME THERE'S A NEW GROCERY STORE OR WALMART, WE WORK WITH THE LOCAL RESIDENTS TO SET THE TIMES OF DELIVERIES AND WIND TRUCKS CAN SHOW UP AND ALL THEIR LIGHTING, AND ALL THE SIMILAR KINDS OF THINGS AS FAR AS SOUND AND THOSE KINDS OF THINGS BUT JUST AS IS, I THINK IT WOULD BE TOUGH FOR ME TO GET THERE AND THE UNFORTUNATE REALITY OF A SUPER MAJORITY IS IF TWO PEOPLE ARE AGAINST IT, THEN YOU'RE DEAD ON ARRIVAL AND SO YOU'VE ALREADY HAD YOU PEOPLE SAY THEY'RE AGAINST IT.

UNLESS THERE'S CONSIDERATIONS THAT THEY FEEL LIKE IN THE NEXT TWO WEEKS OR MONTH THAT MAYBE THEY COULD BE CONVINCED OTHERWISE IF CERTAIN THINGS CAME INTO PLACE, THEN I DON'T KNOW IF THAT'S NECESSARY SO I THINK IT'S REALLY UP TO REALLY, THE TWO DEFINITIVE NOS IS IF THERE'S ANY SCENARIO WHERE EITHER ONE OF YOU WOULD.

>> I WOULD SAY, I THINK IT'S UP TO THE APPLICANT TO DECIDE WHETHER YOU WANT TO GO THROUGH THE PROCESS AGAIN AND CHANGE HOWEVER YOU WANTED TO DO IT BUT FOR ME, I DON'T SEE A CHANGE IN MY DECISION, EVEN IF IT WERE TO COME BACK.

>> I DON'T SEE A CHANGE IN MY DECISION.

I THINK WE NEED TO LOOK AT A NEW LOCATION.

THAT'S MY RECOMMENDATION.

>> WITH THAT, AGAIN, I ALWAYS LIKE TO GIVE PEOPLE FAIR OPPORTUNITY, REALLY.

YOUR CHOICE IS NOW.

IF YOU WANTED TO MEET WITH HIM PRIVATELY, WE COULD TABLE IT TO GIVE YOU THAT OPPORTUNITY OR OTHERWISE, IT LOOKS LIKE THE WRITING IS ON THE WALL FOR THIS ONE.

>> MY FIRST QUESTION IS WHAT CONCESSIONS WOULD GET US THERE? I'M NOT ENTIRELY SURE HOW TO GET AN OPEN FORUM WHERE I CAN TALK TO THE RESIDENTS TO SEE IF I CAN GET THEM THERE OR IF I AM JUST AGAIN THE BOOGIE MAN, AND I'M NEVER GOING TO GET THEIR SUPPORT.

IS THERE ANYTHING THAT YOU WOULD ASK OF ME OR DO YOU JUST SAY, WE HATE YOU IN THIS LOCATION? WE DON'T WANT THAT THERE.

IT'S NOT GONNA WORK THAT WAY BECAUSE IF THAT'S THE CASE, THEN I GUESS I HAVE TO GO BACK TO STARTING FROM SCRATCH AGAIN.

THE TRUTH ABOUT THE CITY OF FRISCO IS IN THIS AUTOMOTIVE LITTLE ENDEAVOR YOU CAN'T PURCHASE LAND FOR A REASONABLE PRICE TO GET MY TYPE OF BUSINESS IN THERE.

I'M NOT A LARGE CHAIN RED, SO I DON'T HAVE TENS OF MILLIONS OF DOLLARS BACKING ME.

I'M A SMALL BUSINESS OWNER.

IT WAS TOUGH ENOUGH GETTING IN WHERE I AM RIGHT NOW ON THIS SIDE. THAT WAS TRICKY.

SHOULD HAVE DONE THIS A LONG TIME AGO.

WE MADE MODIFICATIONS TO THE BUILDING TO ACCOMMODATE DEVELOPER, YOU KNOW HOW THEY ARE.

THEY PROMISED ME IT WOULDN'T BE NO BIG DEAL.

SUP IS NOT A PROBLEM AND HERE I AM SITTING HERE WITH THE DENIAL.

IF YOU HAVE A BETTER SUGGESTION FOR ME OR IF THERE'S A WAY I CAN GET TO THE FINISH LINE WITH YOU GUYS, I WOULD LOVE TO HEAR IT, AND I'D BE WILLING TO TAKE A LOOK AT IT.

>> I THINK THE DIFFICULTY, AND I KNOW YOU AND I TALKED ON THE PHONE ABOUT THIS THAT THIS IS ONE OF THOSE CASES WHERE YOU DO SEE HOW IMPORTANT IT IS TO BRING YOUR PROJECT IN FRONT OF THE MEMBERS OF THE P&Z BEFORE IT GOES PUBLIC AND THEN YOU DIDN'T REALIZE THAT RESIDENTS WERE GOING TO HAVE A SAY AND IT ALSO DOES SHOW THAT THERE IS POWER IN RESIDENTS COMING UP AND SPEAKING, AND THEY ARE PART OF THE PROCESS BUT AGAIN, I JUST GO BACK TO PROCESS.

IT'S A LESSON LEARNED. I KNOW THIS IS THE FIRST TIME YOU'RE DOING IT SO NOW YOU KNOW.

NEXT TIME YOU WOULD DO THIS, YOU'RE GOING TO GO AND TALK TO EACH OF THE PLANNING AND ZONING.

YOU'RE GOING TO MAKE SURE THAT YOU'VE TALKED TO EVERYONE THAT YOU CAN TO GET THE BUY-IN FOR YOUR PROJECT AND IT WILL BE, I'M SURE, LIKELY IN A DIFFERENT LOCATION AND SUCCESSFUL AND I DO WISH YOU THE VERY BEST ON THAT.

I THINK THAT YOU'RE DOING A GREAT JOB IN YOUR BUSINESSES.

>> AGAIN, THIS IS NOT ABOUT LEGITIMACY OR NECESSITY OF YOUR BUSINESS.

I THINK YOUR BUSINESS IS NEEDED IN THIS CITY.

ABSOLUTELY. I THINK IT IS ALL ABOUT LOCATION AND FOR ME,

[01:45:01]

I DON'T HAVE ANY CONCESSIONS TO OFFER UP.

IF YOU WERE STRAIGHT RETAIL, THAT WOULD BE A DIFFERENT STORY, BUT YOU ARE RETAIL AND INSTALLATION, AND IT'S THE INSTALLATION THAT I HAVE A CONCERN WITH SO I REALLY DON'T HAVE ANY CONCESSIONS FOR YOU AT THIS TIME.

>> WELL, THAT'S PART OF OUR GOVERNANCE MODEL IS THAT WE DO GIVE AUTHORITY TO OUR PLANNING AND ZONING BOARD, AND WHEN THEY DO DENY, THEN IT DOES REQUIRE A SUPER MAJORITY AND UNFORTUNATELY, IN THIS SCENARIO, IF YOU CAN'T GET UNANIMOUS SUPPORT, ESSENTIALLY AT THAT POINT, THEN THERE'S NOWHERE ELSE WE CAN GO.

WITH THAT, I WILL LOOK FOR A MOTION.

>> I GUESS WE TAKE A MOTION.

>> MOTION TO DENY.

>> THIS WILL BE A MOTION TO DENY THE APPEAL.

>> NUMBER 36.

>> IT WILL BE A MOTION TO UPHOLD THE DENIAL BY P&Z.

>> CAN WE TABLE THE ISSUE UNTIL WE HAVE TIME TO MEET WITH EVERYBODY?

>> I WOULD WITHDRAW YOUR APPLICATION.

>> IF HE WANTS TO TABLE FOR A MONTH TO TALK WITH HIM, I DON'T KNOW THAT THE OUTCOME IS GOING TO BE DIFFERENT, AND IT'S ONLY A MONTH BECAUSE WE'RE NOT MEETING LATER THIS MONTH.

>> I DON'T KNOW IF HE'S GOING TO GET A VOTE TO TABLE VERSUS IT'S HIS OPTION TO SIMPLY WITHDRAW AND REVISIT WITH PLANNING AND ZONING. IT'S UP TO Y'ALL.

>> THEN EITHER WAY, THE PROCESS STARTS BACK OVER.

>> THERE'D BE NO REASON TO WITHDRAW. SORRY.

>> EVEN IF YOU TABLE, YOU'VE HEARD FROM THREE THAT THEY'RE GOING TO BE VOTING NO AND SO THAT SUPER MAJORITY WILL GO TO THAT NEXT MEETING AND I DON'T SEE ANYTHING BEING ACCOMPLISHED FROM WHAT I HEAR AND SO IT'S BEST TO END THIS CASE AND THEN MAKE A DECISION ON SUBMITTING A NEW CASE.

>> YES, SIR. I GUESS I'M GOOD. NO TABLE.

>> WE WANT TO MOVE TO OPPOSE.

>> UPHOLD THE DENIAL.

>> UPHOLD THE DENIAL. AS RICHARD SAID, IS MOTION.

>> MOTION BY TANNY.

>> SECOND BY ANGELIA. ALL IN FAVOR.

>> OPPOSED? THAT TECHNICALLY BE DRY VOTE IN THIS TECHNICALLY WILL BE 6-0. THANK YOU.

>> THANK YOU FOR ALL THAT CAME TO SPEAK TONIGHT.

[Public Hearing: A request to consider possible amendments to the Zoning Ordinance Subsection 3.02.01, Conditional Development Standards, Subsection 6.19, Appeals and the Appeal Process, and Subsection 7.01, Terms and Words Defined, to adopt revised development standards for Antennas, and to consider to direct Staff to prepare an Ordinance of the same. Zoning Case No. ZA24-0003. Applicant: City of Frisco. TABLED 11/19/2024. (Development Services/JH)]

>> ITEM 37 IS A PUBLIC HEARING, A REQUEST TO CONSIDER POSSIBLE AMENDMENTS TO THE ZONING ORDINANCE, SUBSECTION 3.02.01 CONDITIONAL DEVELOPMENT STANDARDS SUBSECTION 6.19, APPEALS AND APPEAL PROCESS, AND SUBSECTION 7.01 TERMS AND WARDS DEFINED TO ADOPT REVISED DEVELOPMENT STANDARDS FOR ANTENNAS AND TO CONSIDER DIRECT STAFF TO PREPARE AN ORDINANCE OF THE SAME, ZONING CASE NUMBER ZA24-0003, APPLICANT, CITY OF FRISCO.

THIS WAS TABLED NOVEMBER 19TH, 2024, SO I NEED A MOTION TO REMOVE THIS FROM THE TABLE.

>> SO MOVED.

>> SECOND BY TANNY, ALL IN FAVOR.

>> PASSES 5:0. THIS ITEM IS NOW REMOVED FROM THE TABLE.

>> THANK YOU, MAYOR. JUST TO DO A QUICK RECAP OF THE ORDINANCE THAT IS BEFORE YOU ALL THIS EVENING OR THE PROPOSED DRAFT ORDINANCE, I GUESS, I SHOULD SAY, THERE ARE THREE AREAS THAT WE COULD BREAK THIS DOWN INTO.

THAT BEING NON-STEALTH COMMERCIAL ANTENNAS LIKE YOU SEE HERE IN THE PICTURE, THOSE REQUIRING A SPECIFIC USE PERMIT, WHICH IS CONSISTENT WITH WHAT IS IN THE ORDINANCE TODAY SO NO CHANGE THERE.

SECOND, MONOPOLES.

WHAT YOU SEE HERE WOULD BE RECLASSIFYING THOSE AS NON-STEALTH COMMERCIAL ANTENNAS, MEANING THAT THOSE TWO WOULD REQUIRE APPROVAL OF A SPECIFIC USE PERMIT, AND THEN LASTLY, COMMERCIAL STEALTH ANTENNAS AND THAT IS PROPOSING THE ADOPTION OF MORE ROBUST, MORE CLEARLY DEFINED CONDITIONAL DEVELOPMENT STANDARDS.

THOSE CONDITIONAL DEVELOPMENT STANDARDS, MEANING THAT THEY WOULD BE ALLOWED BY RIGHT IN NON-RESIDENTIAL ZONING DISTRICTS IN RESIDENTIAL ZONING DISTRICTS WHEN THE PRIMARY LAND USE IS A CHURCH, SCHOOL, PUBLIC OR PRIVATE ATHLETIC STADIUM OR FIELD, OR PUBLIC OR PRIVATE UTILITY STRUCTURE, ALSO LOOKS AT CONDITIONAL DEVELOPMENT STANDARDS REGARDING HEIGHT, BUILDING SETBACKS, AESTHETICS, AND GROUND-MOUNTED EQUIPMENT.

OF THOSE, I SPECIFICALLY WANT TO TALK ABOUT THE SETBACKS.

TODAY, AND UNDER THE CURRENT ORDINANCE, THIS USE IS REQUIRED TO MEET

[01:50:02]

THE HEIGHT REQUIREMENT OF THE ZONING DISTRICT WHERE IT'S PROPOSED.

FOR EXAMPLE, AN ANTENNA IS PROPOSED TO GO INTO RETAIL, IT WOULD HAVE A MAXIMUM HEIGHT OF 40 FEET.

WHAT IS PROPOSED UNDER THE DRAFT IS ALLOWING THIS USE TO EXCEED THE MAXIMUM HEIGHT OF THE PRESCRIBED ZONING DISTRICT.

HOWEVER, IN ANY INSTANCE WHERE THEY EXCEED THE MAXIMUM HEIGHT, THEY WOULD BE REQUIRED TO BUILD IN AN INCREASED SETBACK OF 2:1 ADJACENT RESIDENTIAL PROPERTIES, AND TO MAKE THAT CLEAR, IT IS ONLY ADJACENT TO THE RESIDENTIAL PROPERTIES.

>> IN INSTANCES WHERE YOU'RE EXCEEDING THE HEIGHT, IF YOU'RE ADJACENT COMMERCIAL PROPERTIES, YOU ONLY HAVE TO MEET THE JUST THE TYPICAL SETBACK FOR COMMERCIAL 1 OR COMMERCIAL 2, WHATEVER IT MAY BE.

I CAN ONLY INCREASE SETBACK ADJACENT RESIDENTIAL.

WHERE DOES THE 2:1 COME FROM? THE 2:1 IS CONSISTENT WITH OTHER AREAS OF THE ZONING ORDINANCE THAT ALLOW INCREASED HEIGHT.

FOR EXAMPLE, OFFICE TWO ZONING DISTRICTS AND THE INFORMATION AND TECHNOLOGY ZONING DISTRICTS ALLOW FOR HEIGHT OVER WHAT IS PRESCRIBED WITH THE UNDERSTANDING THAT THERE IS AN INCREASED SETBACK OF 2:1.

THERE'S ALSO A PROVISION THAT ALLOWS INCREASED SETBACKS.

>> EXCUSE ME. MR. LEE.

WE NEED YOU TO BE QUIET. THE ACOUSTICS IN THIS ROOM ARE REALLY INCREDIBLE SO WHEN THE AUDIENCE IS SPEAKING, IT DISRUPTS OUR ABILITY TO HEAR THE SPEAKER. THANK YOU.

>> ALSO, THERE IS A PROVISION FOR TOWERS, SPIRES, CUPOLAS, OTHER ORNAMENTAL FEATURES TO EXCEED THE BUILDING HEIGHT OF THE PRESCRIBED ZONING DISTRICT, THAT THERE IS AN INCREASED SETBACK OF 2:1.

AS MENTIONED EARLIER, THIS ITEM WAS TABLED ON NOVEMBER 19TH.

SINCE THE NOVEMBER 19TH MEETING THERE HAVE BEEN MEETINGS BETWEEN THE CARRIERS TO FURTHER DISCUSS THE PROPOSED ORDINANCE THAT IS BEFORE YOU ALL THIS EVENING.

IT IS IMPORTANT TO POINT OUT THAT BASED ON THOSE DISCUSSIONS, BASED ON THE FEEDBACK THAT HAS BEEN RECEIVED, THERE HAVE BEEN NO CHANGES TO THE DRAFT ORDINANCE.

WHAT IS BEFORE YOU ALL THIS EVENING IS THE SAME ORDINANCE THAT CAME BEFORE YOU ALL ON NOVEMBER 19TH.

SOME OF THE RESEARCH THAT WAS DONE, THE LACK OF THE LACK OF COVERAGE THAT CERTAIN PARTS OF FRISCO ARE EXPERIENCING WE DO UNDERSTAND THAT DID NOT OCCUR OVERNIGHT.

WE UNDERSTAND THERE ARE INSTANCES WHERE FROM THE CARRIERS, THEY PROBABLY SHOULD HAVE BEEN MORE PROACTIVE, TRYING TO GO OUT ON THE FRONT END AND ADDRESS THIS TO AVOID SOME OF THE SITUATIONS THAT WE ARE IN NOW.

JUST FROM A NUMBER STANDPOINT.

SINCE JANUARY 1, 2019 JUST SHY OF SIX YEARS AGO, WHICH IS ABOUT THE TIME THAT OUR CURRENT ORDINANCE WAS PUT INTO PLACE THAT ADDRESSES THIS USE AND WE'VE HAD TWO SPECIFIC USE PERMIT REQUESTS FOR COMMERCIAL ANTENNAS NON-STATE.

THAT BEING LIKE THE ANTENNA THAT YOU SEE HERE ON THE SCREEN.

BOTH OF THOSE SUPS WERE FOR THE SAME ANTENNA.

ONE OF THOSE SUPS WAS WITHDRAWN.

THE OTHER ONE STAFF HAS SENT COMMENTS AND NOT HEARD FROM THE APPLICANT SINCE SEPTEMBER OF 2023.

ALSO IMPORTANT TO POINT OUT AS THE APPLICANTS HAVE REQUESTED THE FEEDBACK THAT MONOPOLES BE CLASSIFIED AS STEALTH ANTENNAS, AS THEY ARE TODAY.

AGAIN, UNDER THE PROPOSAL, IT IS TO CLASSIFY THOSE AS NON-STEALTH AND REQUIRE AN SUP, BUT THEY ARE STEALTH TODAY UNDER OUR CURRENT ORDINANCE.

IN THE LAST 18 MONTHS, AS DEVELOPMENT SERVICES HAS BEEN TAKING OVER THIS PROJECT AND BEEN WORKING ON THIS WE HAVE NOT HAD ANY SUBMISSIONS FOR MONOPOLES.

THE POINT HERE IS THAT WE HEAR THE URGENCY TO ADDRESS THE LACK OF COVERAGE THAT CERTAIN PARTS OF THE CITY ARE FACING.

HOWEVER, THE NUMBER OF CASES THAT HAVE BEEN SUBMITTED DO NOT ALIGN WITH WHAT WE ARE HEARING.

IT WAS ALSO POINTED OUT THAT THE PROPOSED DRAFT WOULD STOP DEPLOYMENT,

[01:55:06]

DOES NOT PROVIDE PREDICTABLE PATHS FORWARD AND THERE IS STILL A PATH FORWARD.

THE PATH FORWARD FOR COMMERCIAL ANTENNAS IS THE SUP ROUTE, FOR MONOPOLES, THE SUP ROUTE, THAT IS THE SAME SUP ROUTE THAT OTHER USES ARE REQUIRED TO GO THROUGH.

FOR EXAMPLE, THE CASE THAT WAS JUST BEFORE YOU ALL THIS EVENING, DAYCARES.

THEY DO GO THROUGH THE PUBLIC HEARING PROCESS AND AS I NOTED AT THE PREVIOUS MEETING, THERE ARE LIKELY PROPERTIES IN THE CITY WHERE MONOPOLES ARE STILL THE MOST APPROPRIATE OPTION.

HOWEVER, THERE ARE TOO MANY UNKNOWN VARIABLES, AND WE CANNOT DETERMINE THAT TONIGHT.

WE'RE GOING TO NEED TO LOOK AT THOSE ON A CASE-BY-CASE BASIS THUS THE REQUIREMENT FOR THE SUP.

THEN THE COMMERCIAL STEALTH ANTENNAS, THE MORE ROBUST, THE MORE CLEARLY DEFINED CONDITIONAL DEVELOPMENT STANDARDS, GIVE AN APPLICANT THE RIGHT TO GO STRAIGHT TO SITE PLAN AND SKIP THAT SUP PROCESS IF THEY CAN MEET THOSE CONDITIONAL DEVELOPMENT STANDARDS.

THIS ITEM IS RECOMMENDED FOR APPROVAL THIS EVENING, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> WAS THE PUBLIC HEARING CONTINUED OR DO WE NEED TO OPEN IT AGAIN?

>> PUBLIC HEARING WAS CONTINUED.

>> WE DO HAVE SOMEONE WHO WAS SENT TO SPEAK?

>> WE HAVE RYAN BECK TO SPEAK ON THIS ISSUE.

>> GOOD EVENING. FIRST, I WANTED TO SAY, NO ONE MENTIONED THE WONDERFUL FACADE OUTSIDE WITH THE CHRISTMAS LIGHTS.

I THOUGHT THAT WAS REALLY NEAT, AND I WISH SOMEBODY WOULD HAVE MENTIONED IT BECAUSE IF YOU WEREN'T IN THE SPIRIT BEFORE, YOU CERTAINLY ARE NOW.

RYAN BECK, HERE ON BEHALF OF VERIZON, DIRECTOR OF STATE AND LOCAL GOVERNMENT AFFAIRS.

THANK YOU FOR YOUR TIME, COUNSEL AND MAYOR CHENEY.

I WANT TO EXPRESS MY THANKS ON BEHALF OF VERIZON FOR TABLING THIS VOTE FROM THE NOVEMBER 19TH CITY COUNCIL MEETING.

ADDITIONALLY, I'D LIKE TO THANK ALL MEMBERS OF CITY COUNCIL AND THE MAYOR FOR THEIR TIME AND WILLINGNESS TO DISCUSS CELLULAR INFRASTRUCTURE AND THE INDUSTRY'S DESIRE TO DEPLOY WIRELESS FACILITIES IN THE AREAS OF THE CITY WHERE IT'S NEEDED MOST.

GENUINELY, WE APPRECIATE YOUR TIME.

SINCE THE NOVEMBER 19TH MEETING, I BELIEVE THAT WE'VE HAD SOME POSITIVE CONVERSATIONS AND FROM THE BEGINNING, WE HAVE ALWAYS WORKED IN THE SPIRIT OF PARTNERSHIP WITH THE CITY.

WE HAVE WILLINGLY MET WITH THE CITY TO DISCUSS THE PROPOSED ORDINANCE AMENDMENT EACH TIME WE WERE INVITED TO DO SO, AND WE HAVE PROVIDED OUR COMMENTS AND FEEDBACK ON EACH DRAFT AMENDMENT.

WE UNDERSTAND THE CITY'S DESIRE TO MOVE FORWARD WITH THIS ORDINANCE AMENDMENT.

CONSIDERING OUR CONVERSATIONS WITH THE MAYOR AND SENIOR CITY STAFF MOST RECENTLY, WE ARE HOPEFUL THAT AS WE ALL DISCUSSED, WE CAN REVIEW PROGRESS FORMALLY IN SIX MONTHS AND NOW HAVE AN ESCALATION PATH WITH THE MAYOR DIRECTLY.

HOWEVER, ON BEHALF OF VERIZON, I DO WANT TO ITERATE A COUPLE OF CONCERNS THAT WE STILL HAVE WITH THE ORDINANCE AMENDMENT AS DRAFTED.

THE FIRST SUBJECTIVE NATURE OF AESTHETIC REQUIREMENTS.

THE PROPOSED AMENDMENT PROVIDES LITTLE DIRECTION UPON WHICH THE INDUSTRY CAN RELY TO EFFICIENTLY DEPLOY WIRELESS INFRASTRUCTURE IN THE CITY.

THE SUBJECTIVE NATURE OF THE AMENDMENT LANGUAGE LENDS ITSELF TO CONFUSION AND DELAY IN PROVIDING THE ROBUST NETWORKS THAT THE CITIZENS OF FRISCO DESIRE. THE SECOND ONE.

BURDENSOME SETBACK REQUIREMENTS.

THESE SETBACKS SEVERELY LIMIT DEPLOYMENT OF WIRELESS INFRASTRUCTURE IN MANY RESIDENTIAL AREAS OF THE CITY, THEREBY EFFECTIVELY PROHIBITING SERVICE IN THOSE AREAS THAT NEED IT THE MOST.

THIRD, THE INCLUSION OF DECORATIVE ART IN THE AMENDMENT AS EXAMPLES OF STEALTH ANTENNAS TO REPRESENT THE CITY'S DESIRED AESTHETIC WRONGLY SUGGESTS THAT THOSE ARE REASONABLE EXPECTATIONS FOR WIRELESS FACILITIES.

DESPITE THESE CONCERNS, WE ARE HOPEFUL THAT VERIZON WILL BE ABLE TO BUILD AT THE PACE AND THE SCALE THAT IS NEEDED TO SERVE THE RESIDENTS, BUSINESSES, AND VISITORS OF FRISCO.

I COMMIT TO KEEPING ALL OF YOU UPDATED ON OUR PROGRESS AS WE WORK THROUGH THIS NEW ORDINANCE.

AGAIN, THANK YOU FOR BEING OPEN TO RECEIVING THESE UPDATES.

WE KNOW FRISCO PRIDES ITSELF ON INNOVATION.

VERIZON WANTS TO CONTINUE TO INNOVATE ALONGSIDE YOU.

I LOOK FORWARD TO CONTINUING TO DEEPEN OUR RELATIONSHIP WITH THE CITY OF FRISCO.

AGAIN, THANK YOU, MAYOR, THANK YOU CITY COUNCIL AND THANK YOU STAFF FOR LISTENING AND FOR ADVOCATING FOR YOUR RESIDENTS.

>> LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING.

>> MOVE TO CLOSE.

>> THAT PASSES 5:0. THE PUBLIC HEARING IS NOW CLOSED.

THANK YOU, SIR FOR YOUR COMMENTS AND FOR YOUR TIME AS WELL.

I'D SAY THIS ORDINANCE HAS BEEN, I THINK, 18 MONTHS IN THE MAKING.

IT'S A DELICATE BALANCE FOR THE CITY OF FRISCO.

OBVIOUSLY, WE HAVE A LOT OF TECH-SAVVY RESIDENTS THAT ARE VERY DATA HUNGRY,

[02:00:02]

INCLUDING ALL FIVE IN MY HOUSEHOLD.

A LOT OF PEOPLE WORKING FROM HOME SO HAVING HIGH-QUALITY SERVICE IS CERTAINLY A NEED FROM OUR RESIDENTS AND SOMETHING WE HEAR FROM FROM OUR RESIDENTS ANYTIME THEY DROP A CALL LITERALLY.

WITH THAT, WE'VE ALSO HAD A LONG-STANDING EXPECTATION THAT INFRASTRUCTURE AND DEVELOPMENT IS DONE IN A VERY SOPHISTICATED MANNER HERE IN OUR COMMUNITY.

WE HEARD FROM A LOT OF RESIDENTS TONIGHT.

THE SINGLE ISSUE THAT WE HEARD THE MOST FROM RESIDENTS, AND FOR 17 YEARS I'VE BEEN DOING THIS IS THE BURRY THE LINES MOVEMENT, WHERE LITERALLY THOUSANDS OF RESIDENTS DEDICATED THEIR TIME BECAUSE THEY DIDN'T WANT THE AESTHETIC OF HIGH-POWER TENSION LINES GOING DOWN MAIN STREET AND FRISCO SO WE CERTAINLY KNOW HOW IMPORTANT IT IS FOR OUR RESIDENTS AS WELL.

I THINK STAFF HAS DONE A GREAT JOB CREATING THIS ORDINANCE THAT ALLOWS FOR CREATIVITY, ALLOWS FOR FLEXIBILITY.

IN THE MEETING WE HAD WITH THE CARRIERS THEY WERE ASKING FOR MORE RIGIDITY AND MORE DEFINITIONS BUT TRUTHFULLY, MOST OF OUR DEVELOPERS ARE BEGGING FOR THE OPPOSITE OF THAT IS THEY WANT THAT FLEXIBILITY AND BE ABLE TO BRING NEW IDEAS.

I THINK THE REFERENCE TO OUR COMMERCIAL OPEN SPACE ORDINANCE IS A PERFECT PARALLEL AND COMPARABLE TO WHAT WE'RE DOING HERE TODAY.

WE HEARD A LOT FROM THE DEVELOPMENT COMMUNITY.

WE PUT THAT INTO PLACE AS FAR AS THE UNKNOWNS THAT MAY BE.

WHAT DOES THIS PARK NEED TO LOOK LIKE? WHAT DOES IT HAVE TO HAVE IN IT? WHAT DESIGNS DOES IT NEED TO HAVE? ARE YOU JUST GOING TO DENY IT? IT'S VERY MUCH THE SAME ARGUMENTS AND WHEN WE APPROVED THAT ORDINANCE THAT DAY, IT WAS THE SAME AS TONIGHT, WHICH IS WE CONSTANTLY REVIEW, WE SEE WHAT'S WORKING, WHAT ISN'T WORKING.

I DON'T BELIEVE WE'VE MADE ANY CHANGES TO THAT ORDINANCE SINCE IT'S BEEN IN PLACE AND NOW THE DEVELOPMENT COMMUNITY HAS A GREAT UNDERSTANDING OF THE EXPECTATIONS, AND WHAT THEY CAN EXPECT WHEN THEY COME BEFORE THE CITY OF FRISCO.

JUST LIKE YOU SEE WITH THE CASE THAT WAS JUST DENIED, DOING BUSINESS IN FRISCO IS NOT HARD IF YOU FOLLOW THE CORRECT PATH.

CITY STAFF IS ALWAYS WILLING TO SIT DOWN WITH ANY CARRIER, ANY DEVELOPER, REALLY, HELP THEM TO UNDERSTAND THE EXPECTATIONS, WHAT WOULD AND WOULD NOT BE APPROVED.

TO ME, WHEN WE SPENT TWO HOURS MEETING AND BRAINSTORMING AND HEARING THE CONCERNS, IT WAS CLEAR TO ME THAT IT WAS MORE OF A CONCERN OF THE EXECUTION OF THE ORDINANCE THAN IT WAS NECESSARILY THE ORDINANCE ITSELF, IN MY OPINION.

LIKE I SAID AT THE LAST COUNCIL MEETING, THIS COUNCIL, I THINK I CAN SPEAK FOR THEM, HAS A LOT OF TRUST IN OUR CITY STAFF.

WE HAVE HIGH STANDARDS FOR OUR CITY STAFF AND REALLY HIGH EXPECTATIONS FOR THEM AND EVERY TIME THAT WE'VE PUSHED THEM, JUST LIKE WITH THE OPEN SPACE ORDINANCE AND MANY OTHERS, THEY HAVE DELIVERED ON THOSE.

WE'VE HEARD FROM OTHER COUNCIL MEMBERS, YOU'RE GOING TO HEAR FROM THEM AFTER ME THAT WE WANT TO BALANCE THAT, AND WE WANT TO BE ABLE TO DEPLOY THESE CELL TOWERS AND GET SERVICE TO OUR RESIDENTS.

LIKE I TOLD YOU THEN, AND I'LL SAY PUBLICLY TONIGHT, CERTAINLY, I DO NOT EXPECT TO HEAR FROM CITY STAFF AND I DO NOT EXPECT TO SEE THESE.

THEY HAVE FREE REIGN, IN MY OPINION.

THEY KNOW WHAT OUR EXPECTATIONS ARE TO APPROVE THESE, GET THEM MOVING FORWARD, AND LIKE I SAID, THEN, IS IF THEY SIGN IT WITH THEIR GOLDEN PEN, THEN YOU SHOULD FEEL PRETTY GOOD THAT IT'S GOING TO MAKE ITS WAY THROUGH THE ZONING CASE.

IT IS GOING TO BE A TWO-WAY STREET.

IT'S GOING TO BE THE CARRIERS DOING UPFRONT WORK WITH THE CITY.

THERE'LL BE A BIT OF A LEARNING CURVE AND THEN IF WE NEED TO COME BACK IN SIX MONTHS OR A YEAR AND MAKE EDITS AND ADJUSTMENTS, THEN I'M CERTAINLY COMMITTED TO THAT AS WELL.

WITH THAT, I'LL LOOK FOR COMMENTS FROM OTHER COUNCIL MEMBERS.

>> I WANTED TO THANK JONATHAN, FOR ALL OF THE ADDITIONAL TIME THAT YOU SPENT ON THIS WITH THE CARRIERS AND THE CARRIERS WHO DID MEET WITH THE MAYOR.

I THINK THAT'S EXACTLY WHAT WE WANTED TO SEE AND I'M LOOKING FORWARD TO NOT HAVING TO TALK ABOUT THIS ONE AGAIN FOR A WHILE.

I HEARD THE SUGGESTION OF A SIX-MONTH CHECK-IN.

I'D BE INTERESTED IN SEEING HOW MANY ARE GOING THROUGH THE PROCESS IN SIX MONTHS, AND THEN MAYBE IN A YEAR AS WELL.

>> THE ONE THING I HAD MENTIONED WAS HAVE A YEAR CHECK-IN, JUST LIKE WE DID ON THE OPEN SPACE, ON THE STR, BECAUSE SIX MONTHS IS REALLY TOO SHORT AND AS JONATHAN EXPLAINED OVER ABOUT SIX YEARS, WE'VE ONLY HAD TWO THAT HAVE COME IN AND SO WE DON'T CONTROL THE NUMBER OF CASES THAT COME IN AND SO WE'D LIKE TO SEE A SUBSTANTIAL NUMBER.

[02:05:04]

WHAT I HAD PROPOSED EARLIER TO YOU ALL IS HAVE A CHECK-IN AT ONE YEAR, TWO YEARS, AND THREE YEARS, BECAUSE GENERALLY AFTER ABOUT THREE YEARS, YOU'LL FIND OUT WHAT'S WORKING.

IT'S A PROCESS.

ALWAYS THE FIRST YEAR IS ALWAYS A LITTLE CHALLENGING, SECOND YEAR IS A LITTLE EASIER AND AFTER THE THIRD YEAR, YOU KNOW WHAT'S WORKING AND NOT WORKING.

>> I THINK THE COMMENT I MADE IN OUR MEETING, WHICH IS IF SOMETHING WITHIN SIX MONTHS BECAME ABUNDANTLY CLEAR, WE MISSED ON THAT WAS THE COMMENT THAT I HAD MADE.

>> WELL, AND JOHN, TO YOUR NOTE, I'LL JUST ADD MY COMMENTS INTO THIS.

YOU DON'T HAVE TO WAIT FOR THIS.

YOU'VE ALREADY ANSWERED THIS FOR ME, WHICH IS STAFF IS COMMITTED TO TRY AND HELP MAKE THIS WORK SO I WOULD SAY TO THE CARRIERS, PLEASE TAKE ADVANTAGE OF THEIR TIME.

PLEASE BRING ALL OF YOUR PARTNERS TO THE TABLE, GET SOME GUIDANCE TO HELP SPEED THIS PROCESS UP.

WE WANT IT, YOU WANT IT.

WE'RE ALL IN HERE TOGETHER TO MAKE THIS WORK SO LET'S USE THE RESOURCES THAT WE HAVE AVAILABLE TO US TO TRY TO GET THIS DONE AS QUICKLY AS POSSIBLE.

TECHNOLOGY IS GOING TO CHANGE VERY QUICKLY.

WE ALL KNOW THAT. IT CONTINUES TO GET BETTER, SMALLER.

MAYBE IN THE NEXT YEAR, THREE YEARS, WE'RE GOING TO SEE A COMPLETELY DIFFERENT INFRASTRUCTURE, AND WE'RE GOING TO BE REVISITING THIS ORDINANCE COMPLETELY ANYWAYS.

I'D JUST ASK THAT YOU GUYS GIVE IT A SHOT.

IF YOU'RE RUNNING INTO ISSUES WHERE YOU'RE CONTINUOUSLY GETTING ROADBLOCKED, LET'S HAVE ANOTHER CONVERSATION, AND LET'S WORK TOGETHER TO FIGURE OUT HOW DO WE GET THIS FIXED.

>> I DO HAVE A QUESTION FOR THE CARRIER.

JUST VERIZON, I KNOW YOU DON'T REPRESENT ALL CARRIERS, BUT AGAIN, WE'RE TALKING ABOUT SPEED HERE AND WHETHER OR NOT THIS ORDINANCE WILL SPEED UP OR SLOW DOWN YOUR PROCESS.

BUT BASED ON WHAT YOU JUST SHARED, JONATHAN, WE'VE HAD TWO REQUESTS IN WHAT DO YOU SAY SIX YEARS?

>> SUP REQUEST FOR THE NON-STEALTH ANTENNAS, LIKE YOU SEE HERE.

THEN IN THE LAST 18 MONTHS, SINCE THIS ORDINANCE HAS BEEN UNDER REVIEW, WE'VE HAD ZERO SUBMISSIONS FOR MONOPOLES.

>> UNDER WHERE WE ARE TODAY? THE MONOPOLES DON'T EVEN REQUIRE AN SUP?

>> THAT'S CORRECT.

>> I'M JUST CURIOUS BECAUSE IF THERE'S OPPOSITION TO THESE ORDINANCE CHANGES, ONE WOULD SUPPOSE THAT YOU ARE SAYING IT'S GOING TO SLOW DOWN THE PROCESS.

WE'RE NOT EVEN MOVING AT THIS POINT.

THERE'S NO SLOWING.

CAN YOU GIVE SOME INDICATION AS TO WHY THERE HASN'T BEEN ANY REQUEST TO PUT IN EVEN MONOPOLES, WHICH TODAY DON'T EVEN REQUIRE AN SUP?

>> YES, MA'AM. ABOUT A YEAR AND A HALF, TWO YEARS AGO, THE INDUSTRY, WELL, VERIZON SPECIFICALLY, I CAN'T SPEAK FOR THE OTHER CARRIERS.

WE WERE TOLD TO WAIT UNTIL THIS DRAFT ORDINANCE HAD BEEN PUBLISHED TO ALLOW FOR ALL THE COMMENTS TO GO BACK AND FORTH.

EVERYBODY WAS IN A HOLD PATTERN.

ONE OF THE COMMENTS THAT WAS MADE EARLIER AS WELL WAS WITH RESPECT TO THE POPULATION GROWTH, AND THAT THE CARRIERS SHOULD HAVE BEEN MORE PROACTIVE.

YOU KNOW, I THINK THERE IS US THERE CERTAINLY, BUT I THINK COVID 19 REALLY EXACERBATED A BIG POPULATION SHIFT.

I THINK FRISCO, BEING THE GREAT CITY THAT IT IS, ATTRACTED A NUMBER OF NEW RESIDENTS.

I THINK THAT'S EVIDENT IN EVERYTHING THAT YOU WILL DO WITH BUSINESSES TO SHEER NUMBER OF PEOPLE THAT HAVE MOVED HERE, NOT JUST FRISCO, BUT ALSO NORTH TEXAS.

SOME OF THE SURROUNDING CITIES HAVE HAD SIMILAR CHALLENGES OF MAYBE NOT HAVING THE CAPACITY NEEDS MET, BUT WE'VE WORKED WITH THEM.

WE'VE GOTTEN TO A POINT WHERE WE CAN DEPLOY INFRASTRUCTURE TO WHERE THE ISSUES WITH THEIR CONSTITUENTS ARE MUCH LESS.

THAT'S THE SAME POSITION THAT WE'D LIKE TO GET TO WITH THE CITY OF FRISCO.

>> WHAT ARE YOU PROJECTING? PROJECTING. IN TERMS OF REQUESTS. I OF SITES.

ANY ANY NUMBER OF SITES, EITHER STEALTH, NON STEALTH, MONOPOLES.

WHAT DO YOU PROJECTING?

>> PREFER TO SHARE THAT IN PRIVATE.

IT'S NOT FOR PUBLIC CONSUMPTION. IT'S PROPRIETARY.

>> THERE WAS NO ONE ON MY STAFF THAT TOLD THEM TO HOLD OFF.

LEGALLY, THEY COULD HAVE SUBMITTED AT ANY TIME.

STAFF DOES NOT HAVE THE AUTHORITY TO TELL PEOPLE TO HOLD BACK UNTIL AN ORDINANCE IS WORKED ON.

THEY HAD THE RIGHT TO SUBMIT AT ANY TIME.

>> THANK YOU FOR THAT CLARIFICATION. APPRECIATE IT.

>> I THINK MY ONLY COMMENT IS I HAVE LEARNED FROM JOHN THAT WHEN HE SAYS, IT TAKES THREE YEARS FOR THINGS TO WORK THROUGH, THAT THAT'S PROBABLY A TRUE STATEMENT, AS LONG AS I'VE SEEN ANY CASE MOVE THROUGH PNZ.

THAT SAID, I DO HOPE THERE'S A SUFFICIENT NUMBER OF THESE REQUESTS IN THE NEXT 6-12 MONTHS FOR US TO FIND OUT HOW THE PROCESS IS GOING.

[02:10:05]

BUT I HAVE FULL FAITH AND CONFIDENCE THAT THE STAFF IS GOING TO WORK THROUGH ANY OF THOSE LITTLE SPEED BUMPS AS THEY GO, AND THAT WE PROBABLY WON'T HEAR ABOUT THEM UNTIL THEY'RE APPROVED AND STARTING TO BE BUILT.

>> WELL, I MADE A MOTION TO TABLE THIS, AND I THINK THE TIME WAS USED WISELY.

I REALLY APPRECIATE THE WORK THAT STAFF DID, AND I WANT TO THANK YOU FOR MEETING WITH ME AND WITH MY FELLOW COUNCIL MEMBERS, AND ALSO WITH THE CARRIERS FOR REACHING OUT TO JUST NAME A FEW AT&T, T MOBILE, VERIZON FOR REACHING OUT EITHER BY E MAIL, BY PHONE CALL, TO ANSWER QUESTIONS, ASK QUESTIONS, AND INTERACT, AND I THINK, AS A COUNSEL, AND CERTAINLY STAFF, RECEIVED QUITE A BIT OF DOCUMENTATION BACK FROM THE VARIOUS CARRIERS ON BASICALLY THEIR INPUT TO THE ORDINANCE AND WHAT THEY FELT WAS GOING TO WORK AND WHAT WASN'T GOING TO WORK.

ONE A COUPLE OF TAKEAWAYS.

ONE WAS CLEARLY, JUST IN THE PHONE CALLS WAS THE SEPARATION OF PROCESS AND POLICY.

ON THE PREVIOUS CASE THAT WE HAD HERE, YOU HEARD COUNCIL MEMBERS SPEAK TO PROCESS.

I THINK THAT WAS WHERE SOME OF THE CONCERNS WERE THAT THE POLICY ITSELF WAS CLEAR TO THE MAYOR'S POINT.

THERE WAS ACTUALLY REQUESTS FOR MORE DETAILED DEFINITION.

THEN WHEN YOU STEPPED AWAY FROM THAT OR IF YOU'VE SIFTED THROUGH THAT, YOU REALIZED THAT A LOT OF THESE ARE REALLY PROCESS DRIVEN QUESTIONS OR ISSUES.

AGAIN, I WOULD SAY THAT YOU'VE SEEN SOME OF THIS PLAY OUT HERE TONIGHT ON EARLIER CASES, WE DO HAVE A WHAT I BELIEVE TO BE A STREAMLINED PROCESS.

I CRINGE WHEN I HEAR THREE YEARS, ESPECIALLY, AT THE SPEED OF CITY THAT PRIDES ITSELF ON PROGRESS IN MOTION.

I DON'T WANT THAT TO BE NECESSARILY ONE OF MY TAKEAWAYS, BUT PROCESS IS NEVER PART OF THE ORDINANCE.

THE PROCESS IS OF ITSELF.

AGAIN, YOU SAW IT WORK OUT HERE PREVIOUSLY.

I WOULD SAY TO THE CARRIERS THAT WE APPRECIATE YOUR POSITION.

WE APPRECIATE THAT YOUR NATIONAL BUSINESS.

YOU'VE GOT STATE, COUNTY, AND CLEARLY LOCAL ORDINANCES TO WORK WITH.

I WOULD SAY IN CLOSING, I WOULD GIVE THIS MESSAGE ON BEHALF OF THE CITIZENS OF FRISCO.

WE WANT BETTER CONNECTIVITY.

WE NEED PRIVATE INVESTMENT TO SOLVE THIS, AND OUR CITIZENS WANT BETTER SERVICE.

I WILL BE VOTING TO APPROVE THIS TONIGHT.

I WILL NOT BE TABLEING IT.

NOW, PLEASE GO AND GET IT DONE. THANK YOU.

>> COMMENTS OR QUESTIONS. I'LL LOOK FOR A MOTION.

MOVE TO APPROVE ITEM 37. MOTION BY BILL.

>> SECOND MY TAMMY IN FAVOR? THAT PASSES 50. ITEM 38.

[Consider and act upon approval of a Façade Plan for a hotel (Midtown East, Block A, Lot 1 - Universal Kids) on the northeast corner of Dallas Parkway and Panther Creek Parkway. Zoned Planned Development-280. Neighborhood #53. Façade Plan Case No. FACP24-0132. Applicant: Gensler. TABLED 11/5/2024 and 11/19/2024. (Development Services/JH)]

CONSIDER AND ACT UPON APPROVAL OF A FACADE PLAN FOR A HOTEL, MIDTOWN EAST BLOCK A LOT ONE UNIVERSAL KIDS ON THE NORTHEAST CORNER OF DALLAS PARKWAY AND PANTHER CREEK PARKWAY.

ZONE PLAN DEVELOPMENT 280 NEIGHBORHOOD NUMBER 53 FACADE PLAN CASE NUMBER F ACP 24-0132, APPLICANT GENSLER TABLED ON NOVEMBER 5TH AND NOVEMBER 19TH, 2024.

THAT IS CORRECT. MOTION TO REMOVED FROM THE TABLE. MOVED. MOTION BY BILL.

>> IN FAVOR? P50. IT'S NOW REMOVED FROM THE TABLE.

>> SECOND BY TAMMY.

>> THANK YOU, MAYOR. CITY COUNCIL ADOPTED AN ORDINANCE IN MARCH OF 2023, GRANTING A SPECIFIC USE PERMIT ON THIS PROPERTY FOR AN OUTDOOR COMMERCIAL AMUSEMENT USE PER THAT SPECIFIC USE PERMIT, ALL HOTELS ON THE PROPERTY, ALL PARKING STRUCTURES ON THE PROPERTY, AND ALL STRUCTURES TALLER THAN 50 FEET THAT ARE LOCATED OUTSIDE OF THE THEME PARK AREA, SHALL BE SUBJECT TO ARCHITECTURAL AND DESIGN REVIEW AND APPROVAL BY THE CITY COUNCIL.

BEFORE YOU ALL THIS EVENING, THE UNIVERSAL TEAM IS REQUESTING APPROVAL OF THE FACADE PLAN FOR A FIVE STORY HOTEL, WHICH IS HERE ON THE SCREEN, AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> COUNSEL, THIS IS A PUBLIC HEARING. MOVED TO THE PUBLIC HEARING.

WAIT. IT IS NOT A PUBLIC HEARING.

IT WAS AN AUTO PILOT. WE DO HAVE A FEW PEOPLE THAT WOULD LIKE TO SPEAK, THOUGH.

>> WE DO HAVE TWO THAT WOULD LIKE TO SPEAK ON THIS ITEM.

FIRST, WE HAVE WILLIAM SCOTT, FUTURE COUNCILMAN.

[02:15:03]

>> MY NAME IS WILLIAM SCOTT.

I AM 10-YEARS-OLD, AND I'VE LIVED IN FRISCO MY ENTIRE LIFE.

MY PARENTS ARE MELISSA AND DAVID SCOTT.

SADLY, MY MOM WASN'T HERE TODAY, SO I JUST WANT TO SAY, HI, MOM.

I'D LIKE TO TALK TO YOU TODAY ABOUT THE PROPOSED DESIGN OF THE UNIVERSAL KIDS HOTEL.

IF THIS IS FOR KIDS, THEN YOU SHOULD BE ASKING KIDS IF THEY LIKE IT.

MY PARENTS ARE ON THE UNIVERSAL COMMITTEE FOR OUR NEIGHBORHOOD COBB HILL.

I WAS LUCKY ENOUGH TO MEET SOME OF YOU AT SOME OF THE MEETINGS.

MY PARENTS WERE AGAINST UNIVERSAL, BUT I WAS REALLY EXCITED ABOUT UNIVERSAL.

BUT WHEN I SAW THE PICTURES OF THE HOTEL, I THOUGHT IT LOOKED REALLY BAD.

THE BRIGHT COLORS MAKE IT LOOK CHEAP.

I WOULD CHANGE SOME OF THE COLORS TO A LIGHTER COLOR BECAUSE THE COLORS RIGHT NOW MAKE IT STAND OUT TOO MUCH.

I REALLY LIKE GOING TO THE PGA.

MY FAMILY GOES UP THERE A LOT.

THE PGA IS LIKE AN ORGANIZED PUZZLE WHERE EVERYTHING GOES TOGETHER WITH THE COLORS.

UNIVERSALS HOTEL COLORS DON'T.

I BET IF YOU ASK MORE KIDS, YOU WOULD SEE THEY HAVE THE SAME OPINION AS ME.

WE NEED UNIVERSAL TO BE THE BEST THING THAT WE CAN HAVE FOR OUR NEIGHBORHOOD.

THANK YOU FOR LISTENING TO ME.

>> REALLY GOOD. [APPLAUSE].

>> NEXT, WE HAVE MELANIE BECKER.

>> GOOD EVENING, EVERYONE.

MY NAME IS MELANIE BECKER, AND I'M WITH UNIVERSAL DESTINATIONS AND EXPERIENCES, 14116 DALLAS PARKWAY, FISCO, TEXAS.

JOHN MC REYNOLDS HAD A TRAVEL CONFLICT, SO I WILL BE COMMENTING ON THE APPLICATION TONIGHT.

OVER THE PAST FEW MONTHS, WE HAVE WORKED WITH STAFF, THE UNIVERSAL COB HILL COMM WORKING GROUP, AND OTHER STAKEHOLDERS, INCLUDING FIELDS ON REVISIONS TO THE HOTEL FACADE PACKAGE ORIGINALLY SUBMITTED.

WE HAVE MADE MODIFICATIONS TO THE COLOR SCHEME, WINDOW SIZES IN PLACEMENT, LOWER LEVEL CONSISTENCY AND SCREENING ON THE TOP FLOOR.

WE HAVE CLARIFIED TO STAFF THE USE OF THE HIGH IMPACT EPS ON THE FACADE AS WELL.

I ALSO WANTED TO ADDRESS THAT THE MURALS ON THE END OF THE HOTEL WILL BE COMING FORWARD AT A LATER DATE, BUT HAVE BEEN SHARED WITH THE COB HILL WORKING GROUP AS WELL.

WE KNOW THE PARK AND HOTEL FEATURE A DISTINCTIVE LOOK, FEEL AND SCALE.

BUT A LOOK APPROPRIATE FOR FAMILIES WITH YOUNG CHILDREN, THE DEMOGRAPHIC WE HAVE KEPT IN THE FOREFRONT OF OUR DESIGN THROUGH THIS PROCESS.

WE HAVE A GREAT DEAL OF RESEARCH THAT SUPPORTS THE QUALITY OF HOTELS YOUNG FAMILIES PREFER WHEN VISITING, INCLUDING AN ENVIRONMENT AND COLOR OF PLAY, A GAME ROOM, DINING OPTIONS ALL DAY AND RESORT STYLE POOLS.

WE ASK FOR YOUR SUPPORT IN MOVING THIS PHASE OF THE PROJECT FORWARD, AND WE'LL CONTINUE TO WORK WITH YOU AND OUR NEIGHBORS AS WE BUILD THIS FANTASTIC DESTINATION. THANK YOU.

>> THANK YOU. ALL THE CARDS WE HAVE SIGNED UP TO SPEAK.

COUNSEL, WHAT QUESTIONS OR COMMENTS DO YOU HAVE FOR STAFF?

>> I DON'T HAVE A QUESTION FOR STAFF, BUT IN LIGHT OF THE COMMENTS THAT WE JUST HEARD FROM THE YOUNG GENTLEMAN ABOUT ASKING KIDS THEIR INPUT, I AM FAMILIAR WITH THE THEME PARK INDUSTRY, AND I KNOW YOU DO A LOT OF DEMOGRAPHIC STUDIES WITH FOCUS GROUPS THAT ARE AGE APPROPRIATE.

CAN YOU SPEAK TO HIS QUESTION ABOUT WHETHER OR NOT YOU DID TALK TO KIDS AND WHAT YOU HEARD FROM THEM? CAN YOU GIVE ANY RESEARCH? YOU MENTIONED THAT YOU HAD DONE SOME RESEARCH ON COLORS AND THE APPEALING NATURE OF THEM, ANY RESEARCH INFORMATION YOU CAN PROVIDE? I THINK HE HAS SOME VALID POINTS, AND IT'S WORTH ADDRESSING.

>> CAN YOU ALSO SPEAK TO? I KNOW THIS WAS TABLED, AND SO THERE WAS SOME WORK DONE IN THE LAST MONTH.

ELABORATE A LITTLE MORE ON POTENTIALLY, HE TALKED ABOUT THE COLORS BEING A BIT BRIGHT, BUT SHARE WITH US SOME OF THE CHANGES EVEN FURTHER.

>> OUR TEAM WENT INTO DESIGN REVIEW WITH OUR ARCHITECTS AND OUR RESORT PLANNING TEAM AND IN

[02:20:04]

CONSULT WITH STAFF ON MAKING SURE THAT THE BOTTOM PART OF THE HOTEL HAD BETTER DESIGN FEATURES, AND IT WAS NOT AS CHOPPY AND THAT THERE WAS NEW WINDOW DESIGNS PUT IN.

YOU CAN SEE AT THE TOP THERE, WHERE THEY'RE SQUARE AND ROUNDED HOTEL WINDOWS.

THEN WE WORKED WITH THE OTHER STAKEHOLDERS ON MAKING SURE THAT WE'RE GOING TO PUT SCREENING AT THE TOP OF THE ROOFS.

>> WHEN WE VERY FIRST SAW THIS CONCEPT, AND IT WAS AND I'M TALKING WHEN WE FIRST WERE ENTERTAINING THE IDEA OF UNIVERSAL COMING? THERE WAS A VERY DIFFERENT CONCEPT THAT WAS PROPOSED TO OUR POPULATION.

CAN YOU TALK ABOUT, LIKE I UNDERSTAND THAT THAT WAS NOT MEANT TO BE, LIKE AN EXACT, BUT THAT'S WHAT A LOT OF PEOPLE HAVE FOR EXPECTATIONS.

CAN YOU HELP US UNDERSTAND WHAT WAS THE JOURNEY BETWEEN GOING FROM THAT CONCEPT TO WHAT WE WOUND UP HERE, BECAUSE I'M HEARING THE MARKET RESEARCH WASN'T NECESSARILY DONE IN OUR REGION OR ON KIDS.

I WANT TO MAKE SURE THAT WE UNDERSTAND HOW DID WE GET TO THIS END RESULT.

>> I BELIEVE YOU'RE REFERENCING THE CONCEPT ART THAT WAS FIRST RELEASED.

AGAIN, THAT'S CONCEPT BEFORE WE GO THROUGH ANY TYPE OF OFFICIAL APPROVAL PROCESS.

I KNOW I DID LOOK AT THAT AS WELL BECAUSE I KNEW THAT QUESTION CAME UP, AND WE REALLY DIDN'T HAVE A FACADE VIEWPOINT IN MY OPINION ON THAT.

I FEEL THE COLOR SCHEME WAS THERE.

BUT AGAIN, THIS IS SOMETHING THAT WE DO WITH OUTSIDE ARCHITECTS, INTERNAL ARCHITECTS.

OUR RESORT DESIGN TEAM LED BY RUST DAGAN HAS BEEN WITH US FOR ALMOST 30 YEARS, AND IT'S SOMETHING THAT WE KNEW WOULD BLEND IN WITH THE REST OF THE RESOURCE THAT YOU'LL SEE AS WE START TO DISCUSS IP SOON.

>> ONE MORE STATEMENT. I DO APPRECIATE THAT YOU TOOK SOME ADDITIONAL TIME TO WORK WITH THE DEVELOPER WHO HAD SOME CONCERNS AS WELL.

I KNOW THAT THERE ARE SOME CONCERNS FROM THE COBB HILL RESIDENTS, BUT I THINK BOTH OF YOU ARE INTENTIONAL AND BEING GOOD NEIGHBORS WITH EACH OTHER.

I APPLAUD THOSE EFFORTS, AND I HOPE THOSE CONTINUE THROUGHOUT THIS ENTIRE PROCESS.

>> ABSOLUTELY. THANK YOU.

>> I WILL ECHO. I THINK THE END RESULT AND SOME ITERATIONS ARE A LOT BETTER THAN I THINK THE FIRST INITIAL DESIGN THAT WE SAW.

I APPRECIATE YOU TAKING THE RESIDENTS COMMENTS INTO CONSIDERATION, COUNCILS, AND, OF COURSE, THE ADJACENT DEVELOPER AS WELL AS FAR AS MAKING SOME OF THOSE ADJUSTMENTS, SOME OF THOSE WERE COLOR RELATED.

I THINK THAT WAS SOME OF OUR FIRST COMMENTS TOO AND THEN YOU WERE GOING FOR THE LEGO BLOCK KIND OF THEME AND MAKING THAT MORE AND IT'S NOT A FLAT ROOF AND PITCHING AND THEN DOING THE TRIPLE STUCCO ON THE FIRST LEVEL.

I KNOW IT'S APPRECIATED WITH THAT.

CERTAINLY, IT'S DESIGNED TO BE A REGIONAL KIDS PARK IN EXPERIENCE, AND THERE ISN'T ANYONE THAT KNOWS THAT MARKET BETTER THAN Y'ALL DO.

I WOULDN'T BE THE FIRST ONE TO TELL YOU HOW A BUILDING SHOULD BE DESIGNED OR SHOULD LOOK LIKE.

Y'ALL ARE CLEARLY THE SUBJECT MATTER EXPERTS IN HOW TO DELIVER THOSE KINDS OF EXPERIENCES.

AS MUCH AS SOMETIMES WE DO WANT TO DESIGN AND PUT OUR DESIGN HAT ON AND SO FORTH, AT OTHER TIMES WE ALSO HAVE TO RELY ON THE EXPERTS AND THAT THEY KNOW THEIR MARKET VERY, VERY WELL.

THE OTHER THING THAT I'LL POINT OUT THAT MAYBE WASN'T IN THIS PRESENTATION THAT MAYBE WE SHOULD HAVE IS THE ELEVATION CHANGE OF THIS PROPERTY IS VERY DRAMATIC.

I KNOW THAT WAS WORKING WITH THE RESIDENTS.

AS FAR AS THE BERMING AND THE LANDSCAPE REQUIREMENTS, AND I KNOW YOU'RE EVEN HAVING CONVERSATION WITH THE RESIDENTS ABOUT MAYBE EVEN ADDING ADDITIONAL LANDSCAPING FOR SOME OF THEIR CONCERNS, EVERY STEP OF THE WAY THAT Y'ALL HAVE DELIVERED THE INFAMOUS NOW BRICK WALL ON COBB HILL.

THE FIRST TIME I DROVE BY IT, I WAS LIKE, WOW, THEY OVER DELIVERED ON THAT.

I WASN'T EVEN EXPECTING IT TO BE THAT NICE.

THAT'S VERY MUCH APPRECIATIVE THAT YOU'VE COME IN AND BEEN A GOOD NEIGHBOR AND BEEN A GOOD PARTNER TO CONTINUE TO WORK WITH AND WANT TO LIVE UP TO THE VERY HIGH EXPECTATIONS THE COMMUNITY HAS FROM YOU, THE ADJACENT COMMUNITIES HAVE FOR YOU.

EVERY STEP OF THE WAY THAT YOU'VE DONE THAT, WE EXPECT THAT CERTAINLY TO CONTINUE.

BUT I KNOW THERE WAS ONE RENDERING THAT SHOWED I THINK WE WERE TRYING TO FIND HOW MUCH GRADE CHANGE THERE ACTUALLY WAS, BUT IT'S PRETTY DRAMATIC, WHERE THE FIRST FEW FLOORS OF THIS BUILDING WILL BE BELOW GRADE AND BELOW STREET LEVEL.

BY THE TIME YOU HAD THE BERM AND THE LANDSCAPING, YOU'LL SEE IT THROUGH THE TREES, SO TO SPEAK, IF YOU'RE ON PANTHER CREEK.

[02:25:01]

CERTAINLY, YOU'LL SEE IT FROM THE TOLLWAY, BUT THAT'S WHAT IT'S DESIGNED FOR.

THAT'S YOUR BILLBOARD, SO TO SPEAK, AND WANTING TO DRAW PEOPLE IN.

BEHIND THIS, THERE'S GOING TO BE OTHER ELEMENTS WHEN YOU'RE JUST SEEING JUST THE BUILDING ON A SCREEN, YOU'RE GOING TO BE ABLE TO SEE THE THEME PARK BEHIND IT AND SOME OF THE ATTRACTIONS AND YOU'RE GOING TO KNOW THAT THIS AREA IS VERY MUCH A KIDS AREA.

THEN I MENTALLY JOKE SOMETIMES.

I'M LIKE, GOSH, IF WE WERE REVIEWING THE KIA ZONING CASE TODAY, I'D BE LIKE, GOSH, DOES THAT REALLY BELONG RIGHT ON THE HARD CORNER OF THE ENTRANCE OF FRISCO? NOW THAT IT'S THERE, YOU HARDLY NOTICE THAT IT'S THERE.

I DO THINK THAT THIS WILL BLEND INTO THAT AREA AND THE CONVENTIONAL AND WITH THE LANDSCAPE AND EVERYTHING THAT WE EXPECTED TO BE.

THANK YOU FOR HEARING US AND WORKING WITH US.

>> QUESTIONS OR COMMENTS? I'LL LOOK FOR A MOTION.

>> MOVE TO APPROVE ITEM 38.

THAT WILL TAKE US TO ITEM 39.

>> THAT PASSES 5-0.

[Consider and act upon award of Best Value Bid #2510-005 Teel Parkway Roadway Improvements to GRod Construction, LLC, and authorizing the City Manager to execute an Agreement for these services. (Public Works/DF)]

CONSIDER AND ACT UPON AWARD OF BEST VALUE BID NUMBER 2510-005 TILL PARKWAY, ROADWAY IMPROVEMENTS TO G ROD CONSTRUCTION LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THESE SERVICES.

>> GOOD EVENING, MAYOR, COUNCIL, DANIEL FORD, DIRECTOR OF ADMINISTRATIVE SERVICES.

THIS IS AN ITEM THAT WOULD NORMALLY BE ON CONSENT AGENDA, BUT WE HAD A FORMAL BID PROTEST SO WE MOVED IT TO THE REGULAR AGENDA.

THIS WAS THE BEST VALUE BID FOR PAVEMENT IMPROVEMENT ON TILL PARKWAY, TWO DIFFERENT SECTIONS, ONE AT TEMPER RIDGE AND ONE AT OLD ORCHARD.

WE HAD TWO CRITERIA LISTED IN THE BEST VALUE BID.

ONE OF THOSE WAS COST, WHICH WAS 65 POINTS, AND THE OTHER ONE WAS MUNICIPAL EXPERIENCE AND REFERENCES, WHICH WAS 35 POINTS.

THE PROTESTING CONTRACTOR WAS THE LOW BIDDER.

THEY RECEIVED ALL 65 POINTS FOR PRICE.

WHEN IT CAME TO THEIR MUNICIPAL REFERENCES, SO WHAT WE ASKED FOR IN THE BEST VALUE BID WAS TO PROVIDE THREE COMPARABLE REFERENCES TO THE SIZE AND NATURE OF THE PROJECT REQUESTED BY THE CITY.

THE ORIGINAL REFERENCES PROVIDED WERE FOR THE TOWN OF LITTLE ELM, THE CITY OF SEAGOVILLE, AND NORTEX, WHICH IS A SUPPLIER.

UPON CONTACTING THE TOWN OF LITTLE ELM, THEY DID NOT KNOW THE CONTRACTOR, SO WE WERE UNABLE TO GET A REFERENCE.

WE GOT THE SAME RESPONSE FROM THE CITY OF SEAGOVILLE.

THAT WAS THE ORIGINAL EVALUATION COMMITTEES.

THEY GAVE A SCORE OF FIVE POINTS OF THE 35 BASED ON NOT BEING ABLE TO GET REFERENCES PROVIDED BY THE CONTRACTOR.

UPON THE PROTEST, WE WENT BACK TO THE CONTRACTOR AND ASKED FOR SOME CLARIFICATION REFERENCES AND FOR ADDITIONAL REFERENCES.

AT THAT TIME, WE WERE TOLD THAT THEY DID NOT TECHNICALLY DO A PROJECT FOR THE TOWN OF LITTLE ELM OR FOR THE TOWN OF SEAGOVILLE, BUT THEY DID PROJECTS IN THOSE TOWNS SO THEY HAD THEIR OWN PRIVATE DEVELOPMENTS.

IT IS NOT TYPICAL FOR US TO ASK AN OWNER TO PROVIDE THEIR OWN REFERENCE, AND SO WE ASKED THE OWNER, DO YOU HAVE ANY PROJECTS YOU CAN PROVIDE US FOR WHICH YOU ARE NOT THE OWNER OF.

THEIR RESPONSE TO THAT WAS NO THAT THEY COULD NOT.

AGAIN, NOT TYPICAL OF OUR PRACTICE, WE DID EXTRA DUE DILIGENCE TO CONTACT THE TOWN OF LITTLE ELM AND TRY TO GO TO THEIR CONSTRUCTION INSPECTION GROUP TO GET IT A REFERENCE ON THOSE PROJECTS.

THEY, OF COURSE, DECLINED.

THEY DON'T PROVIDE REFERENCES. THAT'S NOT WHAT THEY DO.

SEAGOVILLE DID NOT RESPOND TO THAT REQUEST AND SO WE WERE UNABLE TO GET ANY RESPONSES TO THAT.

WITHOUT ANY ABILITY FOR US TO VERIFY THAT THE VENDOR CAN STICK TO A SCHEDULE, STICK TO A BUDGET, HOW THEY HANDLE CONFLICT RESOLUTION, WE UPHELD THEIR SCORE OF FIVE POINTS ON REFERENCES.

THAT'S WHERE WE STAND TODAY.

THIS PROJECT WAS ORIGINALLY BUDGETED AROUND $1 MILLION.

THEY DID COME IN A LITTLE UNDER 700,000.

THE SPREAD OF THE OTHER NINE BIDS THAT WERE RECEIVED RANGED FROM JUST UNDER $900,000 TO JUST OVER $1 MILLION.

ALL NINE OF THE OTHER RESPONDENTS WERE ABLE TO PROVIDE US A MINIMUM OF THREE MUNICIPAL ROADWAY PROJECT REFERENCES SO WE FELT LIKE THE SCORING WAS FAIR.

I THINK THE CONTRACTOR IS HERE AND MAY HAVE SOME WORDS TO SAY.

>> YES, WE DO HAVE SRINIVAS.

>> GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

I'M SRINIVAS CHALWADI.

I'M A RESIDENT OF THE CITY OF FRISCO FOR THE PAST 16 YEARS.

I'M A PROPERTY DEVELOPER,

[02:30:01]

MOST INTO COMMERCIAL PROPERTIES.

I DEVELOPED PROPERTIES IN SEVERAL TOWNS, INCLUDING CITY OF FRISCO, LITTLE ELM, MCKINNEY, FLOWER MONT, SEAGOVILLE, CROWLEY, MANY CITIES.

OVER THE PAST SIX YEARS, I BUILT NEARLY 700,000 SQUARE FEET OF PAVEMENT, WHICH IS EXACTLY SIMILAR TO THE KIND OF SCOPE THAT THE SUBJECT PROJECT ENTAILS.

THE SUBJECT PROJECT IS NEITHER COMPLICATED NOR VERY CHALLENGING.

IT IS EXACTLY SIMILAR TO THE KIND OF WORKS WE HAVE DONE.

ALL OUR WORKS ARE SUPERVISED BY THE CITY INSPECTORS, RESPECT TO CITY INSPECTORS.

WE ARE SUBJECT TO THE SAME STANDARDS, AND I HAVE EVEN BUILT PUNJAB WAY, A PRIVATE ROADWAY DEDICATED TO THE CITY TO THE EXACT STANDARDS OF OTHER MAJOR ROADS.

I BUILT RIGHT TURN LANES ON MAJOR ARTERIAL ROADS.

OF COURSE, THE STAFF'S OBJECTION IS THAT I BUILT ALL THOSE THINGS AS PART OF MY PRIVATE DEVELOPMENT.

WHETHER IT IS PRIVATE DEVELOPMENT OR PUBLIC WORKS, IT IS THE EXACT SAME NATURE OF WORK.

RESTRICTING THE AWARD OF CONTRACT TO SOMEONE WHO CAN GIVE MUNICIPAL REFERENCES IS NOTHING BUT CREATING A HUGE ENTRY BARRIER.

I AM A VERY RESPONSIBLE CITIZEN OF THE CITY OF FRISCO.

I PAY NEARLY $600,000 IN PROPERTY TAXES.

I PAY $500,000 IN PAYROLL TO MY EMPLOYEES, ALL OF THEM LIVING IN FRISCO AND I HAVE BEEN WORKING VERY DILIGENTLY ON ALL MY COMMERCIAL PROPERTIES.

WHEN IT COMES TO PERFORMANCE, I'M NOT ANY DIFFERENT.

ALL BIDDERS ARE GIVING THEIR PERFORMANCE GUARANTEES BY A REPUTED SURETY.

I PROVIDED THE SAME SURETY.

I TALKED TO THE CITY INSPECTION TEAMS AND THE CITY STAFF ABOUT THE REFERENCES.

THEY TOLD THAT THEY CANNOT GIVE REFERENCES ON ANY PROJECTS THAT I HAVE NOT DONE FOR THE CITY.

I HAVE DONE MANY PROJECTS.

EVEN IN THE CITY OF FRISCO, I DONE PROJECTS.

IN FACT, MY DETENTION POND THAT I BUILT FOR MY PROJECT IS EASILY ONE OF THE BEST ANYWHERE IN NORTH DALLAS.

I INVESTED $1 MILLION JUST ON MY DETENTION POND.

I'M SO RESPONSIBLE THAT I GO OVER AND BEYOND TO KEEP MY PROPERTIES UP TO DATE, WELL MAINTAINED AND WELL BUILT.

I AM $200,000 LESS THAN THE NEAREST COMPETITOR.

I DO NOT KNOW WHY THEY HAVE BID.

THE ESTIMATED COST IS DEFINITELY OVERPRICED.

EVEN IF I DO NOT GET THIS JOB, I CAN STAND UP AND JUSTIFY THAT THIS IS A HIGHLY OVERPRICED ESTIMATE.

JUST BECAUSE EVERYBODY IS BIDDING AROUND $1 MILLION, IT DOESN'T MEAN THAT THE ESTIMATE IS DONE RIGHT.

THE SAME CONTRACTOR WHO THE STAFF HAS RECOMMENDED TODAY HAS BID ON A SIMILAR PROJECT TODAY FOR THE TOWN OF BALL SPRINGS.

HE HAS QUOTED LESS THAN ME.

NOT VERY MUCH. THERE'S NO REASON TO TALK ABOUT THE SPREADS.

IT ALL DEPENDS ON WHERE THE CONTRACTOR IS LOCATED, HOW HIS OVERHEADS ARE, WHAT THEIR PREFERENCE IS.

IN MY CASE, MY HOME, MY OFFICE IS JUST ONE MILE AWAY FROM THE PROJECT SITE.

I TAKE GREAT PRIDE BEING A RESIDENT TO GIVE A VERY COMPETITIVE BID.

I THINK WORKING FOR THE CITY WHERE I LIVE WILL ADD A LOT OF PRIDE TO MY BUSINESS.

THAT'S WHY I QUOTED VERY COMPETITIVELY.

THIRTY-FIVE PERCENT DISCRETIONARY AUTHORITY TO A PURCHASING OFFICER IS WAY TOO MUCH.

THIS IS SO SWEEPING THAT THE PURCHASING OFFICER CAN AWARD THE JOB TO VIRTUALLY ANYBODY THAT THEY CAN THINK OF.

THE JOB CAN BE GIVEN WITH 35% DISCRETIONARY, SUBJECTIVE, QUALITATIVE, NO NUMERICAL RATING SYSTEM.

THERE IS NO NUMERICAL RATING SYSTEM ON WHAT THE QUESTION TO THE REFERENCES ARE, WHAT THE RESPONSE OF THE REFERENCES.

HOW IS THE QUESTION AND THE CORRESPONDING REFERENCES GRADED? THERE IS NO CRITERIA FOR THAT.

IF A VALUABLE BID IS TO BE DONE, I'VE DONE SEVERAL PROJECTS ALL OVER THE WORLD.

BEFORE WORKING IN THE CITY OF FRISCO, I'VE DONE A LOT OF INFRASTRUCTURE PROJECTS EVERYWHERE IN THE WORLD.

THE VALUE BIDS MEANS IT'S A TECHNICAL CRITERIA, TECHNICAL QUALIFICATIONS, AND FINANCIAL QUALIFICATIONS. I MEET BOTH.

BASED ON ALL THESE THINGS, I REQUEST THAT THE CITY COUNCIL BE OPPOSE THE STAFF'S RECOMMENDATION OF THE CONTRACT.

I STRONGLY OPPOSE THIS, WHETHER I GET IT OR NOT.

I WANT TO SAVE THE CITY $200,000.

THANK YOU FOR HEARING ME. THANK YOU.

[02:35:01]

>> THANK YOU. AS IS THE THEME TONIGHT, WE ALWAYS LOVE TRANSPARENCY AND TO HEAR INPUT.

I WILL SHARE WITH YOU THAT WE HAVE VERY DEFINED PROCESSES AS FAR AS HOW WE AWARD CONTRACTS.

FIRST AND FOREMOST, NONE OF US ELECTED OFFICIALS WANT TO BE ANYWHERE INVOLVED WITH CONTRACTS AND HOW THEY'RE BEING AWARDED JUST BECAUSE WE DON'T WANT TO BE ACCUSED OF OUR ROOF OR BUDDY OR FRIEND GETTING A JOB.

THAT'S WHY WE ALLOW OUR PURCHASING DEPARTMENT TO MAKE ALL THOSE DECISIONS ON OUR BEHALF, AND WE TRUST THEM.

BUT WE DO WANT DEFINED PROCESSES IN PLACE FOR HOW THEY EVALUATE POTENTIAL BIDS AND CONTRACTS, AND HOW THEY MAKE DECISIONS ON THOSE CONTRACTS.

IN CITY GOVERNMENT, HAVING METRIC SCORES AND PARAMETERS IS A NECESSITY, ESPECIALLY WITH THE NUMBER OF CONTRACTS AND AWARDS THAT WE HAVE TO DO AS A COMMUNITY.

THE CITY OF FRISCO, OUR RESIDENTS HAVE VERY HIGH STANDARDS AS TO THE WORK THAT'S DELIVERED AND HOW IT'S COMPLETED AND THE TIMELINES AND CONSTRUCTION AND SO MY PERSONAL OPINION IS, I THINK BEING ABLE TO GET QUALIFIED REFERENCES FROM OTHER MUNICIPALITIES, SHOULD ABSOLUTELY BE A REQUIREMENT.

LEARNING HOW THIS WAS EVALUATED.

I THINK THEY FOLLOWED THE PROCESSES THAT WE WANT AND MADE A PRUDENT DECISION ON BEHALF OF OUR TAXPAYERS.

AS A RESIDENT, I HOPE YOU CAN DO FUTURE CITY WORK.

I WOULD LOVE TO SEE YOU DO SOME OTHER WORK AND BE ABLE TO BUILD UP THAT RESUME LETTER AND REFERENCE LETTER AND BE ABLE TO BID ON FUTURE PROJECTS AS WELL AND HOPEFULLY MEET THAT CRITERIA AND BE ABLE TO DO SOME WORK HERE IN THE CITY OF FRISCO.

COUNCIL, ANY OTHER QUESTIONS OR COMMENTS THAT ANY OF ALL WANT TO AD?

>> IF I COULD SPEAK TO THE BARRIERS TO ENTRY, WE HAD SIX PROJECTS IN THE LAST 12 MONTHS THAT WERE UNDER $500,000, AND ALL SIX OF THOSE WERE AWARDED TO THE LOW BIDDER.

THAT'S WHAT WE WOULD CONSIDER AN ENTRY LEVEL PROJECT AND SO WE WOULD ENCOURAGE THIS CONTRACTOR TO SUBMIT ON THOSE PROJECTS.

ONE WHICH IS ON THE STREET NOW, WHICH IS ROUGHLY IF WE THINK OF A $400,000 PROJECT, AND THEN TWO MORE IN THE SPRING.

>> I HAVE A QUICK QUESTION.

HOW IMPORTANT FOR THOSE LOWER LEVEL PROJECTS, HOW IMPORTANT IS IT TO HAVE REFERENCES THAT AREN'T PERSONAL REFERENCES, BECAUSE IT SOUNDS LIKE HE MIGHT INCUR SOME OF THE SAME ISSUES IF WE DO HAVE THE SAME EMPHASIS ON REFERENCES.

>> TWO OF THOSE SIX WERE LOW BID, AND SO THERE WAS NO REQUIREMENT FOR REFERENCES.

BASICALLY, IF YOU'RE A RESPONSIBLE BIDDER, AND YOU WERE THE LOW VENDOR, YOU WERE REWARDED.

THEY WOULD HAVE THAT ABILITY TO DO THAT.

OUR STREETS DEPARTMENT IS VERY OPEN ON THE SMALLER PROJECTS TO GO IN LOW BID.

>> JUST TO HELP A LITTLE MORE WITH THE UNDERSTANDING, THE DIFFERENCE BETWEEN THE LOW BID THAT DANIEL'S TALKING ABOUT IN THIS PROCUREMENT IS THIS IS A BEST VALUE BID THAT ALLOWS US TO DO SOMETHING WITH A LITTLE BIT DIFFERENTLY.

IT'S NOT ONLY PRICE THAT WE TAKE INTO CONSIDERATION, BUT WE ALSO TAKE INTO CONSIDERATION REFERENCES.

IN THE CASE OF A LOW BID, IT'S THE LOW BID.

IN THE CASE OF A BEST VALUE, THERE ARE OTHER CRITERIA THAT WE USE.

IF ANYBODY WAS GOING TO APPLY FOR A LOW BID, THEN ALL THEY HAVE TO DO IS BE THE LOWEST BID THAT CAN MEET THE REQUIREMENTS.

>> IN THIS CASE, A REASON WHY WE WOULD DO BEST VALUE BID, IT'S TILL PARKWAY, SO IT'S A MAJOR ROADWAY IN THE CITY.

ONE OF THE INTERSECTIONS IS OLD ORCHARD.

IF YOU'RE FAMILIAR WITH COBB MIDDLE SCHOOL, THAT'S THE CROSSWALK FOR COBB MIDDLE SCHOOL.

THIS INCLUDES THE SIDEWALKS, WHICH HAVE TO BE KEPT OPEN AT ALL TIMES.

THERE'S SIGNIFICANT TRAFFIC CONTROL INCLUDED, AND IT'S 100 DAY TIME FRAME THAT HAS TO BE COMPLETED.

>> COUNCIL, IF THERE'S NO OTHER QUESTIONS I'LL LOOK FOR A MOTION.

>> I FORGET WHAT NUMBER WE'RE ON.

>> THIRTY-NINE.

>> I MOVE TO APPROVE ITEM 39.

ITEM 40 IS A PUBLIC HEARING,

>> MOTION PASSES 5-0.

[Public Hearing: A request to consider adjustments on the City of Frisco Stormwater Drainage fees. (Budget/BP)]

A REQUEST TO CONSIDER ADJUSTMENTS ON THE CITY OF FRISCO STORMWATER DRAINAGE FEES.

BRET PETERSON, BUDGET, STRATEGIC PLANNING MANAGER.

THERE IS A REQUIREMENT FOR A PUBLIC HEARING PRIOR TO CHANGING THE STORMWATER DRAINAGE FEE.

A PUBLIC HEARING REQUEST FOR RECOMMENDED CHANGES TO THE STORMWATER FEE WAS APPROVED AT THE CITY COUNCIL MEETING ON SEPTEMBER 17, 2024.

PRIOR TO THE PUBLIC HEARING, AS REQUIRED, THE ORDINANCE WAS PUBLISHED IN THE NEWSPAPER THREE TIMES DURING THE MONTH OF SEPTEMBER, OCTOBER, NOVEMBER.

THE PUBLIC HEARING WAS NOTICED FOR TODAY, DECEMBER 3, 2024 AT 6:30 PM AT GEORGE A. PUREFOY MUNICIPAL CENTER.

AGAIN, THIS IS A PUBLIC HEARING REGARDING RECOMMENDED CHANGES TO THE STORMWATER FEE.

>> COUNCIL, THIS IS A PUBLIC HEARING?

>> MOVE TO OPEN PUBLIC HEARING.

>> PASSES 5-0. PUBLIC HEARING IS NOW OPEN.

IS THERE ANYONE HERE TO SPEAK ON THIS ITEM? SEEING NONE, MOVE TO CLOSE. MOTION BY BILL.

[02:40:03]

>> PASSES 5-0. PUBLIC HEARING IS NOW CLOSED.

COUNCIL, ANY FURTHER QUESTIONS OR COMMENTS ON THIS ONE?

>> NO, THE ACTION ITEMS NUMBER 41, NO.

>> THANK YOU. ITEM 41, CONSIDER AND ACT UPON ADOPTION OF AN ORDINANCE,

[Consider and act upon adoption of an Ordinance amending Ordinance No. 2023-12-56 – Municipal Stormwater Utility System Fee Schedule for increases to the Stormwater Drainage Fees. (Budget/BP)]

AMENDING ORDINANCE NUMBER 2023-12-56, MUNICIPAL STORMWATER UTILITY SYSTEM FEE SCHEDULE FOR INCREASES TO THE STORMWATER DRAINAGE FEES.

>> THE FY25 ADOPTED BUDGET HAD A PROPOSED RATE INCREASE OF 10% INCLUDED IN THE REVENUE PROJECTIONS IN THE STORMWATER FUND.

AS PREVIOUSLY DISCUSSED DURING THE ANNUAL BUDGET PROCESS, THE RATE INCREASE IS NEEDED TO MAINTAIN THE FINANCIAL STABILITY OF THE FUND AND CONTINUED CAPITAL IMPROVEMENTS.

THE PUBLIC NOTICE WAS ADVERTISED AS REQUIRED, AND THE PUBLIC HEARING WAS CONDUCTED PRIOR TO THIS AGENDA ITEM.

THIS FEE ADJUSTMENT INCREASE THE REVENUE PROJECTED FOR FY25 BY APPROXIMATELY $779,000 AND IS INCLUDED IN THE ADOPTED FUND REVENUE OF $6.795 MILLION.

AGAIN, THIS IS A CONSIDER AND ACT UPON ADOPTION OF THE ORDINANCE, AMENDING THE STORMWATER DRAINAGE FEE FOR FY25, AND I'M HAPPY TO ANSWER ANY QUESTIONS. ANY QUESTIONS?

>> MOVE TO APPROVE ITEM 41.

>> SECOND BY TAMMY. IN FAVOR?

>> PASSES 5-0. ITEM 42 CONSIDER AND ACT UPON ADOPTION OF AN ORDINANCE,

[Consider and act upon adoption of an Ordinance amending Ordinance No. 2024-09-40, approving the City of Frisco Year 2025 Budget. (Budget/TA)]

AMENDING ORDINANCE NUMBER 2024-09-40, APPROVING THE CITY OF FRISCO YEAR 2025 BUDGET.

>> GOOD EVENING, MAYOR AND COUNCIL, TANYA ANDERSON, DIRECTOR OF BUDGET.

STAFF DID PROVIDE YOU WITH A COPY OF OUR BUDGET AND BRIEF AND OUR GUIDE TO BUDGET AND FINANCE FOR YOUR REFERENCE.

BRETT AND STAFF DID AN EXCELLENT JOB THIS YEAR, AND I'M VERY PROUD TO SEND OUR BUDGET OFF FOR RECOGNITION FROM GFOA LATER THIS WEEK.

THE REQUEST TO AMEND THE FY25 BUDGET WAS DISCUSSED WITH BUDGET AND AUDIT COMMITTEE MEMBERS AT THEIR NOVEMBER 19TH MEETING.

THE AMENDMENT IS BASED ON PRELIMINARY ACTUALS FOR FY24, AND INCLUDES ADJUSTMENTS TO THE FY25 BUDGET FOR 11 FUNDS.

EXHIBITS AND FUND SUMMARIES ARE PROVIDED WITH ADDITIONAL DETAIL.

PRIMARY ADJUSTMENTS FOR ALL FUNDS INCLUDE ROLL FORWARD POS, WHICH ARE POS THAT WERE ENCUMBERED IN THE PRIOR FISCAL YEAR, BUT SERVICES OR GOODS WERE NOT RECEIVED UNTIL THIS CURRENT FISCAL YEAR.

ALSO INCLUDED ARE ACCOUNTING ADJUSTMENTS TO THE OPERATING ACCOUNTS AND THE PUBLIC LEASE FACILITY FUND, HOTEL MOTEL FUND, AND THE UTILITY FUND.

WITH THE ADJUSTMENTS TO THE GENERAL FUND, THE ENDING UNASSIGNED FUND BALANCE IS AT APPROXIMATELY 36% OF OPERATING EXPENDITURES WITH OUR POLICY BEING 25%, AND THE UTILITY FUNDS DAYS IN CASH IS AT 274 DAYS WITH OUR POLICY BEING 210 DAYS OR SEVEN MONTHS.

ALL OTHER FUNDS ARE AT POLICY, AND AS SUCH, WE ARE NOT RECOMMENDING ANY TRANSFERS TO OUR CAPITAL RESERVE FUND OR INSURANCE FUND AT THIS TIME.

ALL FUNDS AND APPROPRIATIONS ARE UNDER CONTINUOUS REVIEW FOR SAVINGS AND EFFICIENCIES.

THIS IS A CONSIDER AND ACT, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

>> THE BUDGET COMMITTEE WANTS TO ADD TO THAT?

>> NO, WE SPENT QUITE A BIT OF TIME GOING THROUGH THAT, AND FOR THE MOST PART, THESE THINGS ARE ALL NORMAL AND TYPICAL, ESPECIALLY THE ROLE FORD POS.

AND THIS TIME OF YEAR, WHEN WE'RE WRAPPING UP THE PRIOR YEAR, THE ADJUSTMENTS ARE TYPICAL.

>> I'LL LOOK FOR A MOTION.

>> MOVE TO APPROVE ITEM 42.

>> BY BILL.

ITEM 43, CONSIDER ACT UPON ADOPTION OF AN ORDINANCE AMENDING

>> AYE..

>> MOTION PASSES 5-0.

[Consider and act upon adoption of an Ordinance amending Ordinance No. 2024-09-41, approving the City of Frisco Community Development Corporation Fiscal Year 2025 Budget. (Budget/TA)]

ORDINANCE NUMBER 2024-09-41 APPROVING THE CITY OF FRISCO COMMUNITY DEVELOPMENT CORPORATION FISCAL YEAR 2025 BUDGET.

>> WITH THIS ORDINANCE, WE ARE AMENDING THE FY25 BUDGET FOR THE CDC AND CDC REMEDIATION FUNDS.

THIS AMENDMENT INCLUDES ROLL FORWARD POS AND ADJUSTMENTS FOR FY24 PROJECTS THAT ARE ROLLING FORWARD TO FY25.

FUND SUMMARIES WITH ADDITIONAL DETAIL ARE PROVIDED FOR YOUR REVIEW.

APPROPRIATIONS FOR THESE FUNDS ARE UNDER CONTINUOUS REVIEW.

THIS IS A CONSIDER AND ACT, AND MENSA AND I ARE AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> ANY QUESTIONS, COMMENTS?

>> MOVE TO APPROVE ITEM 43.

CONSIDER AND ACT UPON ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NUMBER 2024-09-42, APPROVING THE CITY OF FRISCO ECONOMIC DEVELOPMENT CORPORATION FISCAL YEAR 2025 BUDGET.

>> PASSES 5-0, ITEM 44,

[Consider and act upon adoption of an Ordinance amending Ordinance No. 2024-09-42, approving the City of Frisco Economic Development Corporation Fiscal Year 2025 Budget. (Budget/TA)]

>> THE AMENDMENT FOR THE EDC FY25 BUDGET INCLUDES FUNDING FOR ROLL FOR POS AND PROJECTS NOT COMPLETED IN FY24 THAT ARE BEING ROLLED TO FY25.

THERE IS A FUND SUMMARY ATTACHED WITH ADDITIONAL DETAIL IN YOUR PACKET.

APPROPRIATIONS ARE UNDER CONTINUOUS REVIEW.

THIS IS A CONSIDER AND ACT,

[02:45:01]

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

>> COUNCIL, LOOK FOR A MOTION.

>> MOVE TO APPROVE 44.

CONSIDER AND ACT UP UPON ADOPTION OF A RESOLUTION DIRECTING PUBLICATION OF A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.

>> PASSES 5-0. ITEM 45,

[Consider and act upon adoption of a Resolution directing publication of a Notice of Intention to issue Certificates of Obligation. (Financial Services/DC)]

>> GOOD EVENING, MAYOR, COUNCIL, DERRICK COTTEN, CHIEF FINANCIAL OFFICER FOR THE CITY.

THIS IS THE THIRD ROUND.

THIS IS A CALL FOR A PUBLIC HEARING TO ISSUE CERTIFICATES OF OBLIGATION FOR A PARKING STRUCTURE IN NORTH FRISCO.

WE'RE HAVING TO GO THROUGH THESE ROUNDS BECAUSE EACH NOTICE IS GOOD FOR APPROXIMATELY 90 DAYS.

THE CURRENT ONE IS SET TO EXPIRE ON JANUARY 13, AND SO THIS CONTINUES TO EXTEND THAT PERIOD.

THE PUBLIC HEARING WILL BE HELD AT THE FIRST MEETING IN FEBRUARY.

I'M HAPPY TO ANSWER ANY QUESTIONS.

>> COUNCIL, ANY QUESTIONS? MOTION? MOVE.

>> TO APPROVE 45.

CONSIDER AND ACT UPON RECEIPT OF THE FINAL REPORT FROM THE 2024, CITY CHARTER REVIEW COMMISSION.

>> PASSES 5-0. ITEM 46.

[Consider and act upon receipt of the final report from the 2024 City Charter Review Commission. (CMO/RM)]

>> WE HAD A CHARTER REVIEW ISSUE.

>> GOOD EVENING. ON BEHALF OF THE CHARTER REVIEW COMMISSION. CAN YOU HEAR ME? > YOU GOT TO USE THE HANDHELD ONE.

>> LET'S PUT THAT WAY. NOW, CAN YOU HEAR ME? ARE WE GOOD?

>> THERE WE GOT.

>> KAREN CUNNINGHAM. I AM THE CHAIR OF THE 2024 CHARTER REVIEW COMMISSION.

ON BEHALF OF THE COMMITTEE I JUST WANT TO THANK YOU VERY MUCH FOR THE OPPORTUNITY TO SERVE.

BELIEVE IT OR NOT, WE HAD A GREAT TIME OVER THE LAST SEVERAL MONTHS REVIEWING AND MAKING RECOMMENDATIONS FOR THE CHARTER.

BEFORE YOU, WE HAVE A PRESENTATION, IN ADDITION TO THAT IN THE AGENDA.

THERE ARE A COUPLE OF DOCUMENTS FOR REFERENCE.

ONE IS A SPREADSHEET THAT PROVIDES AN OVERVIEW OF THE AMENDMENTS THAT WE ARE PROPOSING OR RECOMMENDING, AS WELL AS A DOCUMENT THAT ACTUALLY SHOWS WHAT THE RED LINE VERSIONS WOULD LOOK LIKE OF THOSE ARTICLES SHOULD THESE AMENDMENTS GO BEFORE THE PUBLIC FOR CONSIDERATION? SO WITH THAT, I WOULD LIKE TO REVIEW A FEW DOCUMENTS WITH YOU.

WE'LL SEE HOW I DO WITH MY POWERPOINT HERE.

FIRST OF ALL, WE DO STILL HAVE SOME VERY FAITHFUL CHARTER REVIEW COMMISSION MEMBERS HERE AND SOME THAT HAD TO GO HOME AND PUT KIDS TO BED.

BUT I WOULD LIKE TO RECOGNIZE EVERYBODY WHO SERVED WITH ME ON THIS COMMITTEE.

YOU PUT TOGETHER A WONDERFUL TEAM AND A TEAM OF INDIVIDUALS WHO WERE COLLECTIVELY WILLING AND INTERESTED IN WORKING TOGETHER FOR THE BETTERMENT OF THE COMMUNITY, AND SERIOUSLY HAD A FANTASTIC TIME WORKING WITH EVERY INDIVIDUAL ON THIS LIST.

BUT I WOULD LIKE TO RECOGNIZE THEM BY NAME.

RIJO WALKER WAS OUR VICE CHAIR.

MEMBERS, DAVID BICKERSTAFF, FOSTER BLAIR, MINA CASTANEDA, CHESTER CHAMBERS, DANNIE FRANKLIN, WHO I WOULD JUST WANT TO RECOGNIZE AS SERVING FOR THE SECOND TIME ALONG WITH ME FROM THE CHARTER REVIEW COMMISSION SIX YEARS AGO.

WE WERE DEFINITELY GLUTTONS FOR PUNISHMENT ON THAT ONE.

ROBERT GAMMON, AMANDA HALL, DAVID WALLS, HU ARIF, AND DAVID WANG.

JUST FOR THOSE WHO MAY NOT BE AS FAMILIAR, KNOW ALL OF YOU ARE OBVIOUSLY, BUT FOR THOSE WHO MAY BE LISTENING IN TONIGHT ARE STILL HERE, WE ARE REQUIRED BY THE CHARTER SECTION 11-07 TO GO THROUGH AND REVIEW THE CHARTER EVERY FEW YEARS.

IT HAS BEEN SIX YEARS SINCE OUR LAST CHARTER REVIEW AMENDMENTS WERE PRESENTED.

WE BASICALLY GO INTO THE CHARTER.

IT'S A 35-PAGE DOCUMENT, BUT WE SPEND SIX MONTHS REVIEWING IT, WHICH SOUNDS AMUSING OR ENTERTAINING FOR THOSE OF YOU THAT MAY LOVE GOVERNANCE.

BUT FOR THOSE OF YOU THAT DON'T, YOU'RE THINKING, WHAT IN THE WORLD WERE YOU DOING IN ALL THESE MEETINGS, BUT EVERY WORD MATTERS.

WE WENT THROUGH AND WE LOOKED AT THE OPERATIONS OF CITY GOVERNMENT AND WANTED TO MAKE SURE THAT HOW WE OPERATE AS A CITY IS CONSISTENT WITH HOW THE CHARTER READS, BECAUSE OUR CITIZENS DESERVE TO KNOW WHEN THEY'RE LOOKING AT THIS DOCUMENT, HOW WE GOVERN OURSELVES.

WE FELT THAT'S AN IMPORTANT OBLIGATION.

PART OF THAT IS PROPOSING RECOMMENDATIONS AS A RESULT OF THAT REVIEW, AND TONIGHT REPORTING OUR FINAL FINDINGS AND RECOMMENDATIONS TO CITY COUNCIL.

AS I MENTIONED, WE ACTUALLY CONVENED IN MAY OF THIS YEAR AND COMPLETED OUR MEETINGS IN OCTOBER.

I BELIEVE WE ACTUALLY MAY HAVE STILL HAD ONE MEETING IN NOVEMBER NOW THAT I THINK ABOUT IT.

WE DID RECEIVE INPUT FROM CITY COUNCIL DURING A WORK SESSION, AS WELL AS FROM MANY CITY STAFF MEMBERS AS WELL.

EXAMINED LOTS OF OTHER CITY CHARTERS, TEXAS LAW, CITY ORDINANCES, FEDERAL CASE LAW, COURTESY OF OUR ATTORNEYS, OBVIOUSLY, WHO ARE GRACIOUS WITH THEIR TIME AND HELP US ALONG WITH THAT, AND PRIOR FRISCO CHARTER COMMISSION EFFORTS THAT WE'VE DONE IN THE PAST.

TONIGHT, I'M PLEASED TO SAY THAT UNLIKE SIX YEARS AGO, WE ONLY HAVE 10 RECOMMENDED AMENDMENTS,

[02:50:02]

AND FOR THOSE OF YOU WHO WERE AROUND SIX YEARS AGO, I THINK THAT WAS 26.

WE'RE WINNING ALREADY ON THIS.

AS I MENTIONED, WE DO HAVE THE RED LINE VERSION OF THE DOCUMENT AND THE SPREADSHEET ATTACHED TO THE AGENDA AVAILABLE FOR REVIEW, ALONG WITH THIS.

WE HAVE DIVIDED UP THE PROPOSED CHANGES INTO THREE CATEGORIES, GOOD GOVERNANCE, STATE LAW CHANGE, AND OUTDATED PROVISIONS.

AS A RESULT OF THAT, HERE ARE OUR RECOMMENDED AMENDMENTS THAT WE WOULD PROPOSE THAT COUNCIL CONSIDER AT SOME POINT.

TONIGHT, OF COURSE, IS JUST ACCEPTING THE REPORT, BUT FOR PURPOSE OF OVERVIEW, THESE ARE THE THINGS THAT WE FOUND WERE IMPORTANT TO PRESENT AND TO CONSIDER.

THE FIRST SECTION IS LIMITATION ON TERMS, SECTION 3.02, AND I SHOULD MENTION, THESE ALL FALL UNDER THE CATEGORY OF GOOD GOVERNANCE.

WE DID DETERMINE IN OUR RESEARCH THAT CURRENTLY THE WORDING IN THE CHARTER STATES THAT TERMS ARE DEFINED AS A TERM LIMIT OF 18 TOTAL YEARS, WHICH ACTUALLY CAUSES A CHALLENGE.

IF SOMEONE WERE TO START THEIR TERM BY TAKING OVER A PARTIAL TERM FOR ANOTHER INDIVIDUAL.

EVERYTHING ELSE IN THIS SECTION REFERS TO THINGS IN TERMS, NOT IN YEARS.

TO BE CONSISTENT AND TO ALSO MAKE SURE THAT WE DON'T NEGATIVELY AFFECT A COUNCIL MEMBER WHO STARTED THEIR SERVICE ON CITY COUNCIL DURING A PARTIAL TERM, OUR RECOMMENDATION IS TO MAKE THAT A TOTAL OF SIX TERMS INSTEAD OF 18 YEARS.

IT'S THE SAME MATH, TECHNICALLY, WITH THE EXCEPTION OF THAT PARTIAL TERM, SHOULD THAT CASE PRESENT ITSELF IN THE FUTURE.

PLEASE LET ME KNOW, I'M JUST PLANNING ON ROLLING THROUGH THIS UNLESS ALL STOP ME.

COMPENSATION, SECTION 3.04.

I WANT TO MAKE SURE THIS IS VERY CLEAR.

THIS IS NOT SOMETHING THAT COUNCIL ASKED US TO LOOK AT.

IT'S ACTUALLY SOMETHING THAT WE AS A COMMITTEE REVIEWED AND FELT THAT IT WAS WORTHY OF CONSIDERATION OF ADJUSTMENT.

THE REASON FOR THIS IS WE FEEL THAT TRULY, IT'S IMPOSSIBLE TO COMPENSATE YOU FOR YOUR [INAUDIBLE] DOESN'T EXIST WITHIN OUR STRUCTURE.

IT'S NOT THE INTENTION OF OUR GOVERNANCE MODEL, BUT WE ALSO RECOGNIZE THAT YOU ARE TAKING YOUR TIME AWAY FROM YOUR OWN PERSONAL BUSINESSES, FROM JOBS THAT YOU MAY BE REQUIRED TO TAKE YOUR OWN PTO TIME FOR CITY WORK AND OBLIGATIONS.

WE ALSO WANT TO MAKE SURE THAT SOMEONE WHO ISN'T FINANCIALLY WELL OFF CAN STILL AFFORD TO CONSIDER A POSITION LIKE CITY COUNCIL.

WHILE THIS WOULD NOT COMPENSATE ANYONE FOR A FULL TIME POSITION, WE DO STILL THINK THAT IT IS BENEFICIAL TO RECOGNIZE THE TIME AND THE EFFORT THAT EACH EACH COUNCIL MEMBER PUTS INTO THEIR SERVICE TO THE CITY.

OUR RECOMMENDATION, AS A RESULT OF THAT IS TO INCREASE THE MAYOR "COMPENSATION" TO $1,5-00 PER MONTH, AND COUNCIL TO INCREASE THE $1,200 PER MONTH.

THE ADDITIONAL AMENDMENT TO THIS ARTICLE WOULD BE OR THIS SECTION WOULD BE TO ALLOW FOR SOME TYPE OF AUTOMATIC INCREASE OR DECREASE, DEPENDING ON HOW THINGS ARE LOOKING FINANCIALLY BY BASING THE COMPENSATION ADJUSTMENT TO THE COMPENSATION BASED ON CPI.

THIS WOULD ALLOW US TO NOT HAVE TO GO BEFORE COUNCIL IN THE FUTURE IDEALLY TO LOOK AT COMPENSATION AGAIN BECAUSE IT SHOULD TAKE CARE OF ITSELF.

ANY QUESTIONS ABOUT THAT? MOVING ON. THANK YOU.

THE NEXT ITEM IS SECTION 3.06, VACANCIES, FORFEITURES, AND FILING FOR VACANCIES.

IN IN OUR CURRENT STATE, WE ONLY HAVE THE ABILITY TO FILL A VACANCY ON CITY COUNCIL THROUGH ELECTION.

THERE IS AN OPPORTUNITY THAT STATE LAW ALLOWS US TO DO TO FILL A VACANCY IF THERE IS 12 MONTHS OR LESS REMAINING IN THAT PERSON'S TERM THROUGH APPOINTMENT.

THIS WOULD SAVE THE COST OF THE CITY AND THE RESIDENTS TENS OF THOUSANDS OF DOLLARS AND HAVING TO HOLD AN ELECTION POTENTIALLY WHEN THERE IS LESS THAN 12 MONTHS OF SERVICE REMAINING IN THAT COUNCIL MEMBERS TERM.

THERE ARE PROVISIONS THAT WOULD REQUIRE THAT THIS BE ONLY FILLED WITH THE AFFIRMATIVE VOTE OF THREE FOURTHS OF THE FULL MEMBERSHIP.

IT IS A VERY DIFFICULT.

IT WOULD HAVE TO BE PRETTY MUCH EVERYONE AGREES, OR IT DOESN'T HAPPEN.

IT WOULD ALSO NEED TO BE COMPLETED WITHIN 30 DAYS FOLLOWING THE DATE THE OFFICE WAS VACATED.

THAT WOULD ALLOW US TO HANDLE THAT IN A TIMELY FASHION SO THIS PASS.

>> I DO HAVE A QUICK QUESTION ON THAT.

I MEAN, WE SAW THIS MATH COME UP TONIGHT WITH THE SUPERMAJORITY.

IF THAT SCENARIO HAPPENED AND ONE PERSON VACATED THEIR SEAT, THAT PERSON WOULD NOT VOTE ON THEIR REPLACEMENT.

[02:55:03]

THEN HOW MANY ARE YOU TAKING 75% OF SEVEN OR ARE YOU TAKING 75% OF THE REMAINING SIX?

>> GOOD QUESTIONS, MAYOR. IN A SITUATION WHERE CITY COUNCIL MEMBER VACATES THEIR SEAT, BUT THEY'RE STILL COMPETENT AND ABLE TO SERVE, THEY SERVE AS A HOLDOVER COUNCIL MEMBER.

THAT COUNCIL MEMBER WOULD ACTUALLY BE ENTITLED TO VOTE ON THAT MATTER.

IT'D BE IF THIS WERE APPROVED, A SUPERMAJORITY VOTE, WHICH IS THE SAME PERCENTAGE THAT YOU SAW TONIGHT, THREE, WHICH IS SIX OF SEVEN, AND THAT IS THE CASE REGARDLESS OF HOW MANY MEMBERS WERE ACTUALLY PRESENT IN VOTING.

>> THANK YOU. THE NEXT RECOMMENDED OR PROPOSED AMENDMENT IS TO SECTION 3.09, MEETINGS OF THE CITY COUNCIL.

WE CURRENTLY ALLOW THE CHARTER TO CANCEL TWO MEETINGS PER YEAR.

THIS WOULD ALLOW FLEXIBILITY TO CANCEL UP TO FOUR PER YEAR, PROVIDE A LITTLE BIT MORE FLEXIBILITY DURING THE HOLIDAYS IN PARTICULAR.

OBVIOUSLY, STILL 22 MEETINGS THROUGHOUT THE YEAR TO COMPLETE OF WORK.

>> I'M STILL ON HERE. SECTION 6.12: GENERAL POWER OF INITIATIVE AND REFERENDUM.

OUR RECOMMENDATION IN THIS SECTION, AND I DO NEED TO FLIP HERE, IS TO ACTUALLY REWORD THIS SECTION SO THAT WE CAN ACTUALLY PROVIDE ADDITIONAL EXCLUSIONS AND REWORD THE SECTION FOR BETTER CLARITY.

THERE WAS A LOT OF WORK HERE TO DO.

IT WOULD PROVIDE POWERS THAT WE FEEL ARE APPROPRIATE.

I'M TRYING TO REMEMBER WHAT THE OTHER ITEM WAS. THE CLARITY OF IT.

IT WAS A VERY CONFUSING SECTION, SO WE FELT THAT IT WAS AN OPPORTUNITY TO CLEAN IT UP AND MAKE IT MORE CLEAR IN ITS WORDING.

INDEPENDENT AUDIT IS SECTION 7.18.

THIS IS ACTUALLY A PROPOSAL THAT WE HAVE TO REALLY JUST FUTURE PROOF THE CHARTER.

IT WOULD ALLOW SHOULD THIS AMENDMENT FOLLOW THROUGH.

STATE LAW DOESN'T CURRENTLY ALLOW THIS, BUT WE WOULD HOPE THAT IN THE FUTURE THERE WOULD BE AN OPPORTUNITY TO NOT HAVE TO PUBLISH ONLY IN THE OFFICIAL PUBLICATION, THE OFFICIAL NEWSPAPER OF THE CITY, BUT TO PROVIDE FLEXIBILITY TO ALSO POST ON THE CITY WEBSITE OR BY SUCH OTHER MEANS AS MAY BE ALLOWED BY STATE LAW.

SECTION 14.08: CONFLICT OF INTEREST.

THIS IS ACTUALLY PARTIALLY A STATE LAW ISSUE, BUT ALSO WANTING TO GET MORE CLARIFICATION HERE.

IN OUR CURRENT WORDING, WE DO NOT HAVE A DEFINITION OF WHAT SUBSTANTIAL FINANCIAL INTEREST IS.

WE FELT THAT THAT WAS IMPORTANT.

THAT SPECIFICALLY ADDRESSES WHAT THAT DEFINITION IS OF SUBSTANTIAL INTEREST, AND IT'S NOT JUST SUBSTANTIAL FINANCIAL INTEREST, IT'S SUBSTANTIAL INTEREST IN TOTAL.

THIS AGAIN, JUST PROVIDES A TREMENDOUS AMOUNT OF MORE CLARITY FOR OUR RESIDENTS TO UNDERSTAND WHAT A CONFLICT OF INTEREST WOULD BE DEFINED BY AND WHAT THEY CAN REFERENCE TO UNDERSTAND THAT BETTER.

SECTION 14.09: NO OFFICER TO ACCEPT GIFTS.

THIS WAS A CHALLENGING ONE FOR US TO REVIEW.

WE OBVIOUSLY DISCUSSED THIS DURING THE WORK SESSION AS WELL, WENT BACK TO WORK AS A COMMITTEE AND REVIEWED IT FURTHER.

THE CHALLENGE THAT WE FACE WITH THIS SECTION IS THAT THERE ARE MULTIPLE LAWS AND REGULATIONS AND ORDINANCES THAT GOVERN THE SAME TOPIC.

WHERE WE WERE INITIALLY DEALING WITH THIS SECTION WAS THERE WERE INCONSISTENCIES WHERE STATE LAW DEFINES THIS DIFFERENTLY, AND WHAT WAS WORDED IN THE CHARTER WOULDN'T ACTUALLY TAKE PLACE THE WAY THAT IT WAS WORDED.

WE FELT THAT THAT WAS A DISSERVICE TO OUR RESIDENTS TO STATE INFORMATION IN THERE, THAT EVEN THOUGH STATE LAW WOULD DICTATE FIRST, HOW THAT WOULD BE VIEWED OR HOW THAT WOULD BE CONSIDERED, WE WANTED TO BE ABLE TO BE CONSISTENT WITH THAT.

THE CHALLENGE IS THERE'S SO MANY MOVING PARTS WITH THIS.

IT WOULD BE ALMOST IMPOSSIBLE TO BE ABLE TO TAKE ALL THE INFORMATION FROM STATE LAW, FROM THE CITY ORDINANCE AS IT EXISTS TODAY, AND PUT IT IN THE CHARTER IN A MEANINGFUL WAY.

IT ALSO COULD STILL BE A MOVING TARGET.

OUR RECOMMENDATION IS ACTUALLY TO REMOVE MOST OF THIS SECTION AND NOT BECAUSE WE

[03:00:04]

HAVE ANY INTENTION OF ANYONE ACCEPTING GIFTS OR BEING ABLE TO DO ANYTHING INAPPROPRIATE, BUT THAT THERE ARE ALREADY LAWS AND ORDINANCES THAT ADDRESS THIS TOPIC THAT WOULD GOVERN THIS.

IT SIMPLY WOULD BE TO REFERENCE THAT AND FOR CITY OFFICIALS TO UNDERSTAND THAT THEY ARE TO COMPLY WITH APPLICABLE STATE LAW REGARDING THE ACCEPTANCE AGREEMENT, AGREEMENT TO ACCEPT OR SOLICITATION OF GIFTS OR OTHER BENEFITS AND THE DISCLOSURE THEREOF.

WE DID INCLUDE FOR YOUR BENEFIT, SHOULD YOU CHOOSE TO REVIEW THIS DIFFERENTLY, IT IS OUR RECOMMENDATION, I SHOULD STATE, THAT WE GO WITH ALTERNATIVE A, WHICH IS WHAT I JUST DESCRIBED, WHICH IS THAT LANGUAGE.

IF YOU'RE NOT COMFORTABLE WITH REMOVING ALL OF THIS, THERE IS ANOTHER VERSION THAT IS AVAILABLE TO YOU.

IT'S ALTERNATIVE B THAT IS LISTED IN THE RED LINE VERSION OF THE REPORT.

IT DOES PROVIDE A WAY TO AMEND THIS, BUT IT ISN'T PERFECT.

IT STILL DOESN'T ADDRESS THE FULL SCOPE OF WHAT WE WERE TRYING TO AVOID WITH THE CONFLICTS AND NOT BEING ABLE TO CLEARLY ADDRESS THINGS IN THE SAME WAY THROUGHOUT ALL THESE DIFFERENT TOOLS.

THAT IS OUR RECOMMENDATION. ANY QUESTIONS ABOUT THAT ONE?

>> I GUESS, WHEN I WAS REVIEWING THE SPREADSHEETS THAT TRY TO ALIGN WHAT IS CURRENTLY IN OUR CHARTER VERSUS THE STATE, EFFECTIVELY WOULDN'T BE CHANGING HOW WE OPERATE?

>> NO.

>> IN THIS WAY, IT FUTURE PROOFS IT IF THE STATE AMENDS THEIR ORDINANCE TO MAKE SOMETHING MORE RESTRICTIVE OR ADDS NEW LANGUAGE, IT BASICALLY AUTOMATICALLY GOES INTO EFFECT FOR EVERYONE ELECTED HERE, WHICH WOULD HAVE ANYWAY AT STATE LAW.

>> IT'S SIMPLER, BUT IT ALSO PROVIDES EVERYONE WHO REVIEWS THIS TO UNDERSTAND EXACTLY WHERE TO REFERENCE WHAT THE RULES ARE GOVERNING THIS.

IF THEY READ THE WORDING TODAY, IT ISN'T CONSISTENT ALREADY WITH STATE LAW.

>> WELL, I DO LIKE HOW YOU CHOSE TO LEAVE THE SECTION IN AND THE HEADER IN AND THEN REFERENCE THE LANGUAGE AND THE SO PEOPLE DON'T THINK LIKE IT'S BEING REMOVED COMPLETELY.

>> ABSOLUTELY.

>> IF I RECALL CORRECTLY, WHEN WE ADDED THESE THINGS TO THE CHARTER BACK IN 2010, OR THEREABOUTS.

MUCH OR ALL OF THE STATE LAW DIDN'T EXIST AT THE TIME.

THAT'S COME IN SINCE THEN, WHICH HAS CREATED THE CONFLICT.

NOW WE'RE GOING BACK TO SIMPLIFYING AND RELYING ON STATE LAW WHICH DIDN'T EXIST AT THE TIME WE PUT THIS INTO PLACE.

>> THAT'S EXACTLY CORRECT. THAT'S OUR UNDERSTANDING, AS WELL AS THAT THE REASON WHY ALL OF THIS WAS NEEDED BACK THEN DOESN'T EXIST TODAY IN ITS SAME FORM.

WE ARE MOVING ALONG QUICKLY.

THE NEXT TWO ARE OUTDATED PROVISIONS THAT WE WOULD RECOMMEND AMENDMENTS TO.

ONE IS SECTION 5.01: CITY ELECTIONS.

WE JUST RECOMMEND REMOVING THE WORDS BY RESOLUTION TO BASICALLY MATCH THE CURRENT PROCESS.

IT DOESN'T REQUIRE RESOLUTION TODAY.

THEREFORE, IT'S MISLEADING THAT THAT WORDING IS IN THERE.

THEN OUR FINAL SECTION IS TECHNICALLY A TRIFECTA, BUT 6.05, 6.13, AND 6.14, PRESENTATION OF PETITION TO THE CITY COUNCIL INITIATIVE AND REFERENDUM SECTIONS.

LET ME REFERENCE THIS REALLY QUICK, APOLOGIES.

BUT WE DID NOT FEEL THAT THE CURRENT WORDING PROVIDED PROPER CLARITY OF SCOPE OF REVIEW AND PROCESS.

THERE WAS ACTUALLY INCORRECT PROCESS THAT'S CURRENTLY QUOTED, AND THEN ALSO VAGUENESS AS WELL.

THE WORDING WOULD ACTUALLY MAKE THIS MUCH MORE CLEAR AS TO WHAT THAT PROCESS LOOKS LIKE WHEN THESE THREE TYPES OF THINGS HAPPEN.

FINALLY, AS REQUIRED BY THE SAME CHARTER SECTION 11-07(2), THE NEXT STEPS WOULD BE TO REVIEW AND HAVE PUBLISHED AT LEAST ONE OF THE OFFICIAL MEDIA PUBLICATION, DESIGNATED BY CITY NOTICES, A COMPREHENSIVE SUMMARY OF THE REPORT PRESENTED BY THE COMMISSION.

THE CITY COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS MADE BY THE COMMISSION, AND YOU CAN ORDER ANY AMENDMENTS SUGGESTED TO BE SUBMITTED TO THE VOTERS OF THE CITY, AND OF COURSE, MAKE ANY ADJUSTMENT, YOU FEEL ARE APPROPRIATE AS WELL DURING THAT PROCESS, WHICH ACTUALLY DID HAPPEN LAST TIME.

THERE WERE A COUPLE OF THINGS THAT COUNCIL WAS ABLE TO TWEAK A LITTLE BIT FURTHER BEFORE HE PUT BEFORE THE VOTERS.

FINALLY, IT'S BEEN AN HONOR. I APPRECIATE IT.

OUR COMMITTEE REALLY ENJOYED IT, AND WE DO APPRECIATE THE OPPORTUNITY TO SERVE THE CITY. THANK YOU FOR YOUR TIME.

[03:05:02]

>> GREAT. WELL, THANK YOU FOR YOUR LEADERSHIP AND LEADING THE COMMITTEE.

WHEN YOU THOUGHT YOUR WORK WAS DONE, WE SENT YOU BACK TO DO MORE WORK.

WE APPRECIATE THE HARD WORK YOU ALL PUT IN.

I DO HAVE ONE QUESTION, RICHARD.

WHAT WE DEALT WITH TONIGHT, THE SUPER-MAJORITY VOTE.

IS THAT ADDRESSED IN THE CHARTER AND IS THERE A WAY TO CLARIFY EVERY TIME THAT COMES UP WHERE IT THROWS A RANCH, WE'VE GOT A COUNCIL MEMBER OUT, SO NOW IT'S GOT TO BE UNANIMOUS.

>> IT MEANS ADDRESSED, BUT IT'S NOT ADDRESSED THE WAY I THINK YOU'RE SAYING.

IT DOESN'T SAY THREE FOURS MEANS SIX OF SEVEN OR WHATEVER.

THAT'S NOT WHAT IT SAYS.

YOU HAVE TO READ A COUPLE OF PROVISIONS TOGETHER TO KNOW WHAT IT MEANS.

>> I'VE JUST PHILOSOPHICALLY FELT LIKE NOTHING SHOULD EVER REQUIRE A UNANIMOUS VOTE.

YOU SHOULD HAVE TO BE ABLE TO GET AT LEAST ONE PERSON TO AGREE WITH YOU TO AFFECT POLICY.

LIKE TONIGHT, ONE PERSON VOTING NO ESSENTIALLY KILLED IT.

I DON'T THINK THAT'S RIGHT, PERSONALLY.

I DON'T KNOW. I'M DEFINITELY NOT GOING TO ASK THE COMMITTEE TO DO ANY MORE WORK.

>> SOME OF IT IS STATE LAW.

>> I KNOW. BUT I DIDN'T KNOW IF THERE'S AN OPPORTUNITY FOR US TO, IF THERE'S ANYTHING WE CAN DO TO SAY WHAT WE WANT THIS TO BE.

IN MY OPINION, A NORMAL VOTE ON SOMETHING IS FOUR OUT OF SEVEN.

A SUPER-MAJORITY VOTE, IN MY OPINION, SHOULD BE FIVE OUT OF SEVEN.

IT SHOULD NEVER BE SIX OF SIX.

>> WELL, WE MIGHT BE ABLE TO GET IT TO FIVE OUT OF SEVEN, BUT WE'RE NEVER GOING TO GET IT TO FOUR OUT OF SEVEN.

>> I WOULDN'T WANT TO BE FOUR OUR OF SEVEN.

FOUR OUR OF SEVEN IS A NORMAL VOTE.

A SUPER-MAJORITY IS FIVE OUT OF SEVEN.

>> I DON'T THINK YOU'RE GOING TO GET THERE WITH THE CURRENT STATE LAW, BUT RYAN MAY HAVE A DIFFERENT VIEW.

>> THAT'S RIGHT. STATE LAW IN THE ZONING CASE THAT YOU HEARD DICTATES THAT IT'S A SUPER-MAJORITY VOTE OF THE GOVERNING BODY.

GOVERNING BODY IS MADE UP OF THE SEVEN MEMBERS OF THE CITY COUNCIL.

IN MY OPINION, I DON'T BELIEVE AT LEAST WITH RESPECT TO ZONING MATTERS WHERE A SUPER-MAJORITY VOTE IS TRIGGERED, THAT WE HAVE DISCRETION TO DO SOMETHING DIFFERENT THAN WHAT STATE LAW PROVIDES FOR.

STATE LAW IN THAT CASE PROVIDES FOR AT LEAST SIX OF SEVEN TO VOTE TO OVERTURN A P&Z RECOMMENDATION, WHERE STATE LAW DOES NOT SPEAK TO A SUPER-MAJORITY VOTE REQUIREMENT, BUT IT'S A FUNCTION OF YOUR CHARTER, WHERE YOU HAVE IMPOSED THAT REQUIREMENT UNDER THE CHARTER OR UNDER AN ORDINANCE, AND YOU WOULD HAVE SOME DISCRETION TO DECIDE WHAT SUPER-MAJORITY MEANS IN THAT CASE.

YOU COULD DEPART FROM WHAT STATE LAW SAYS FOR WHAT WOULD BE REQUIRED OF A SUPER-MAJORITY VOTE.

IN THOSE INSTANCES WHERE STATE LAW DOES NOT SPEAK TO THE ISSUE.

>> BUT IT DOES FOR ZONING.

>> ONE THAT WE RUN INTO OFTEN THAN THAN NOT.

I DON'T EVEN REMEMBER WHAT THE OTHER CIRCUMSTANCE WAS.

>> THE OTHER THAT COMES UP MOST COMMONLY IS A PROTEST, WHICH IS ALSO IN A ZONING CASE CONTEXT.

THAT'S DICTATED BY STATE LAW WHERE ENOUGH MEMBERS WHO LIVE AROUND A ZONING CASE FILE A FORMAL PROTEST.

I THINK IT'S GOT TO BE 20% OF THE PROPERTY OWNERS THAT LIVE WITHIN 200 FEET OF THAT ZONING MATTER.

THAT'S ALSO DICTATED BY STATE LAW, SO YOU WOULDN'T HAVE DISCRETION TO DEPART FROM THAT.

I THINK YOUR CHARTER IN THE PROPOSAL BEFORE YOU JUST TO REMAIN CONSISTENT WITH THE SUPER-MAJORITY VOTE REQUIREMENT THAT STATE LAW PROVIDES, THAT WAS THE LANGUAGE THAT WE BORROWED TO PUT IN FOR THE CHARTER.

BUT IF YOU ALL FELT LIKE YOU WANTED TO DO SOMETHING DIFFERENT, IN THAT CASE, YOU COULD, BECAUSE STATE LAW DOES NOT DICTATE IT.

>> I THINK IT WAS MORE FOR ZONING, AND I GUESS YOU MIGHT AS WELL KEEP IT CONSISTENT.

COUNCIL, I KNOW WE HAVE ALREADY GIVEN FEEDBACK ON THE REMAINING, MOST OF THE ITEMS. THE ONE NEW ITEM IS THE TWO ALTERNATIVES PRESENTED ON THE GIFT SECTION.

IS ANYONE OPPOSED TO THE RECOMMENDATION OF THAT ALTERNATIVE A?

>> NO.

>> ANY CHANGES IN OPINION ON THE REMAINING ITEMS, OR IS EVERYONE SUPPORTIVE OF THE REMAINING ITEMS?

>> I THINK TONIGHT WE'RE JUST RECEIVING THE REPORT, THOUGH.

WE'LL HAVE TO ACTUALLY VOTE ON PUTTING IT ON THE BALLOT AT A LATER DATE.

>> WHEN IS THAT?

>> GIVE DIRECTION SO THEY KNOW WHICH WAY TO GO.

>> NO, I'M FINE WITH THE OTHER STUFF.

>> WELL, I WILL LOOK FOR A MOTION TO ACCEPT THE FINAL REPORT AND RELEASE THEM FROM DUTY.

[LAUGHTER]

>> MOVE TO APPROVE ITEM 46 WITH OUR HEARTFELT THANKS AND ALL YOUR HARD WORK.

[03:10:01]

>> PASSES 5-0. THANK YOU.

>> THANK YOU. [APPLAUSE]

[Consider and act upon adoption of a Resolution to cast a ballot electing a member to the Collin Central Appraisal District Board of Directors beginning January 1, 2025, for a term of one (1) or three (3) years to be determined by a drawing at the first meeting of the CCAD Board in 2025. (CSO/KM)]

>> 47, CONSIDER AND ACT UPON ADOPTION OF A RESOLUTION TO CAST A BALLOT, ELECTING A MEMBER OF THE COLLINS CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS BEGINNING JANUARY 1, 2025, FOR A TERM OF ONE OR THREE YEARS TO BE DETERMINED BY A DRAWING AT THE FIRST MEETING AT THE CCAT BOARD IN 2025.

>> MAYOR AND COUNCIL, YOU HAD SUBMITTED A RESOLUTION BACK IN OCTOBER TO APPOINT SKIP MIDDLETON TO APPEAR ON THE BALLOT.

THIS IS WHAT YOU NOW HAVE IN FRONT OF YOU.

YOU DO HAVE OTHER CHOICES ON THE BALLOT THAT WAS PROVIDED BY THE OTHER ENTITIES.

TONIGHT, WE ARE ASKING FOR YOU TO CAST YOUR VOTE AND YOUR BALLOT VOTE, WHICH FOR THIS ONE IS A TOTAL OF 173 VOTES ON WHICHEVER CANDIDATE YOU ALL DECIDE TO GO WITH.

>> COMMENTS, COUNCIL? I'M NOT FORMALLY AWARE OF ANY OTHER CANDIDATES OTHER THAN SKIP MIDDLETON, THOUGH I WAS TOLD ANECDOTALLY THAT THERE ARE SOME FIST CANDIDATES.

I CANNOT SPEAK WITH CERTAINTY AS TO WHO THEY ARE.

I DO KNOW THAT I NOMINATED SKIP MIDDLETON FOR THIS POSITION.

HE'S A RETIRED AIR FORCE GENERAL WORKS IN THE FINANCIAL SERVICES INDUSTRY AT THIS TIME AND IS VERY INTERESTED IN THIS POSITION.

I WOULD LIKE TO SUBMIT HIS NAME CERTAINLY FOR CONSIDERATION TONIGHT.

>> ANY OTHER NAMES FOR CONSIDERATION? GOT A MOTION BY JOHN FOR SKIP MIDDLETON.

>> SECOND BY LAURA. ALL IN FAVOR?

CONSIDER AND ACT UPON ADOPTION OF A RESOLUTION TO CAST A BALLOT, ELECTING A MEMBER TO THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS BEGINNING JANUARY 1, 2025, FOR A TERM OF ONE OR THREE YEARS TO BE DETERMINED BY DRAWING AT THE FIRST MEETING AT THE DCAD BOARD IN 2025.

>> PASSES 5-0. ITEM 48,

[Consider and act upon adoption of a Resolution to cast a ballot electing a member to the Denton Central Appraisal District Board of Directors beginning January 1, 2025, for a term of one (1) or three (3) years to be determined by a drawing at the first meeting of the DCAD Board in 2025. (CSO/KM)]

>> MAYOR AND COUNCIL, THIS IS THE SAME PROCESS, BUT FOR DENTON COUNTY, YOU PREVIOUSLY HAD NOMINATED ROB ALTMAN, AND HE APPEARED ON THE BALLOT WITH SEVERAL OTHER CANDIDATES, AND SO HE WOULD BE UP FOR CONSIDERATION THIS EVENING, WHETHER YOU WOULD LIKE TO GO FORWARD WITH HIM OR ONE OF THE OTHER CANDIDATES.

FOR DENTON COUNTY, YOU HAVE A TOTAL OF 135 VOTES.

WHEN WE DO HAVE ROB ALTMAN TO SHARE HIS PERSPECTIVE. ROB?

>> ROB ALTMAN, I LIVE AT 3472 DELFORD DRIVE HERE IN FRISCO.

IT'S BEEN A LONG NIGHT FOR YOU.

MAYOR AND COUNCIL, I'LL KEEP THIS QUICK.

AS A OPERATIONS EXECUTIVE IN A FINANCIAL INDUSTRY, I WILL LOOK FOR WAYS TO MAKE SURE THAT YOU AS A CITY AND OUR TAXPAYER CITIZENS HAVE THE BEST POSSIBLE CUSTOMER EXPERIENCE WITH THE APPRAISAL DISTRICT. THANK YOU.