The Universal Mystery Machine (updated)

by | Mar 7, 2023 | City Council, Community Development Corp, Developements, Developers, Economic Development Corp, Politics, Universal Kids

Imagine yourself in a period of time that was in filled with generational conflict, the Vietnam War, and Nixon was president.  Four teenagers, Fred, Daphne, Velma and Shaggy are driving around in a van with a Great Dane dog looking to solve mysteries.  Little did anyone know that a cartoon called Scooby-Doo, Where Are You? would become a cult classic and last for generations.  Who wouldn’t want to be in a crime-fighting gang with a dog that says “Ruh-roh-Raggy” and has a decked-out van called The Mystery Machine? 

I remember sitting on the couch in the basement watching my favorite cartoon Scooby Doo when my older brother and his two friends came down to join me. They wanted to hide out so they could smoke some dope aka marijuana.  The episode had  Shaggy and Scooby in the mystery machine with smoke pouring out the top.  Inside they were grilling some munchies and the two started to freak out when detectives start banging on the van door.  My brother and his friends were laughing hysterically at the television and I could not help but laugh hysterically at them because I thought they were idiots.  There is no point in me telling you this other than I just loved watching the cartoon gang solve a new mystery in every episode and it had me hooked.

Reading this you are probably wondering what does this have to do with Frisco?  Well on January 11th the City of Frisco and NBC Universal Parks and Resorts made a colossal announcement that a new park was coming to Frisco.  To be honest, since my kids are grown I have not paid much attention to it because I am not visiting a park of that nature anytime soon. But in the last week I have received several notes through the site asking our opinion about Universal, some dropped tidbits on Universal to us, and then today, my wife comes running into my office saying I must read what is on the tweets about Universal.  Tweets are her universal language for social media like Facebook.  I read several different posts talking about the crucial meeting tonight and it was paramount that people show up to have their voices heard. Curious to know more, I spent several hours this morning doing some research looking at old posts, visiting the city’s website, and reading the agenda and documents for tonight’s meeting.

The January 11, 2023 announcement came across as this was a “done deal” which means a plan or project that has been completed or arranged and that cannot be changed.  Truth is the project at that time had not been put before planning & zoning or the city council.  It was truly misleading to the residents and the public far and wide in Texas.  The result was a very mixed reaction, some being happy and some being downright angry.  The city is offering $12.7 million incentive package which is generally normal but based on the split of how residents feel regarding this project I don’t think we should be offering an incentive package.

Representatives of the city on social media sold Universal to the public one way but when reading the Development Agreement attached to tonight’s agenda, they have not been transparent, and the truth is far from what they have sold to the public. Let me give you some examples of what I read on social media from city council members versus what is in the actual agreement being laid out this evening.

  1. The city said the park was aimed at children 3 to 9 years old but the agreement says it was developed for young children 3 to 11 years old. 
  2. The city has said the park hours would be from 10 am to 6 pm and would not have late hours.  The agreement states the “developer’s intent” is to primarily operate the majority of the weekdays with the posted hours of operation for ticketed users between the hours of 10:00 am and 6:00 pm local time.   Residents read it again carefully as the highlighted words are key in this.
  3. However the “actual hours will vary” throughout the year based on demand, seasonality, holidays, peak periods, and weekdays/weekends, but in no event shall the theme park opening time be earlier than 9:00 am (except for hotel guests and annual passholders) which the opening time may be as early as 8:00 am local time.  The theme park closing time will not be later than 9:00 pm local time (except for up to twenty (20) days) during the calendar year when they are permitted to close no later than 10:00 pm local time.  What this means is they can say “summertime” is a peak period and now they can stay open until 9 pm.  They can use July 4, Thanksgiving, and Christmas as peak periods to stay open until 9 pm.  They can stay open late on a holiday (defined as a Frisco ISD school holiday).  Truthfully with the way it is written, they can be open all year until 9 pm if they just claim it to be based on demand, seasonality, holidays, and peak periods.
  4. The city has said no dark rides, no big buildings, and no tall roller coaster rides (40 – 50 feet maximum).  The agreement states all amusement rides, entertainment experiences and all portions of structures designed to be occupied by humans in Theme Park Area A shall not exceed a height of 80 feet.  Structures designed not to be occupied by humans shall not exceed 100 feet.   Just based on a simple google search I learned that 80 feet is equal to a 7-story building.  I am guessing that is not what neighbors were expecting.
  5. The agreement states all amusement rides, entertainment experiences and all portions of structures in Theme Park Area B shall not exceed a height of 100 feet.
  6. The city has said no parades, no fireworks, an inward environment (not outside), and that noise level to the outside would be almost non-existent because the sound would be isolated even within the park.  The city agreement states that permitted uses include parades, outdoor concerts, and shows, amusement rides, and permanent or temporary exhibits.  It also says about the noise they must comply with the City Noise Ordinance (who knows what that is).  I am old but I am pretty sure parades and outdoor concerts are not what nearby neighbors want near their homes.

After doing the research I told my wife I agree with most online users (which is rare) that this is a bait-and-switch to what most folks have been told.  I also saw some other areas of concern that some may overlook such as asphalt parking.  It says they must follow the zoning ordinance which requires parking to be concrete but temporary parking may be of an alternate material when approved by the Director of Engineering Services.  My other area of concern is the delivery hours as we learned the hard way living in Grayhawk near a Walmart. You can hear the delivery trucks all night long.  The agreement states the city cannot restrict public roadways or delivery hours and if residents have a problem with the noise they can call the police department.  It also states Universal will work to reduce the impact on nearby residents. 

One thing is clear, we are still having transparency issues, and it appears the public has been misled about what this project entails.  There are many loopholes and all of them help the city and Universal. The city is hoping residents are too stupid to read the paperwork. Just one old man’s opinion, the residents are being bamboozled and should be extremely angry, especially those living nearby.  

UPDATE: We watched tonight’s Special Joint City Council and Planning and Zoning Commission Meeting on FTVN. I am not sure if I would call it a train wreck, shipwreck, or victory. The meeting lasted several hours. Two residents spoke in favor of passing it but the remaining were all opposed. It was quickly apparent that many residents had many of the same concerns that we did and there was a lot of hostility toward the Mayor. Planning and Zoning passed it 5-0 and then the City Council passed it 4-1-1 meaning 4 yes, 1 no, and 1 abstained.

We were surprised only one resident mentioned the city’s right to free use of the theme park for an employee event on an agreed-upon date. Section 36.02 of the Texas Penal Code makes it a crime of bribery for a person to offer, confer, or agree to confer, or for a public official or employee to accept, agree to accept, or solicit, any benefit as consideration for a decision, opinion, recommendation, vote or another exercise of discretion. Ruh-roh-RAGGY! Clearly, the agreement states the city’s right to free use which could be seen as an offer or benefit for consideration for a decision. Hopefully, a resident will file a complaint with the Texas Ethics Commission.

John Pavle, one of the opposed speakers spoke with passion, vigor and true concern. He pointed out how this was shoved down residents throats, and that the people of Frisco are being exploited for money. He went on to say the evening was a dog and pony show, and for Cheney and the council to stop telling residents what they want and instead listen to the residents who are telling them what they want. The best part was when he actually looked directly at the entire council and told them he would hold each of them accountable when election time came and he promised the Mayor if he voted yes that he would not be sitting in that seat much longer. Mr. Pavle thank you for speaking your truth and for those of us at Frisco Chronicles we agree with you. It is time for residents to make their voices heard at the ballot box.

Jon Kendall Chair of P&Z said this is a destination city and your right it is sir, but it is also our home and that is what you are forgetting. Jake Petras another commissioner spoke and said he spent quite a bit of time reviewing everything for this project and gave it proper due diligence to ensure he understands everything. Well, tonight FC was sent a Facebook post that clearly shows Mr. Petras had made up his mind about 5 days after the Jan 11 announcement which we find interesting since no one knew what the hell was being proposed yet. If that is due diligence we are screwed. Steve Cone another commissioner who is also a resident of one of the nearby neighborhoods spoke and had the most valid pros and cons of the evening. Hopefully, he has a friend named Wilson since he is about to be Cast Away by his neighbors.

The last portion was the council’s input and the one thing repeated over and over was how they all appreciated the neighbor’s professionalism and courtesy in which they approached the situation. It was a little condescending, to be honest, did you think they were going to behave like a group of wild monkeys in the Amazon forest? Cheney said if they had to do it all over again they probably would have rolled it out differently and would have asked for more liberty on what they could share. Really Sherlock? You don’t need to share more but what you do share needs to be accurate. Looking at your very detailed Facebook Post from Jan 20 we see 10 am to 6 pm & no late night hours (actually it is 8 am to 9 pm), 300 room hotel (which can now be up to 600 with a second phase), target audience 3 – 9 (actually 3 – 11), no tall roller coasters max will be 40 – 50 feet (actually 80 feet big difference) and several of these things you mention more than once in that post. Here is an idea, how about you stop grandstanding and trying to oversell a project and just get the accurate information to share? Now you want people to trust your traffic report, trust that the council is doing what is best for residents, and trust city leaders – why should they? It is very clear since Jan 11 that this has been a shit show of false information.

Pelham said we could have done this differently and did we give the impression this was a done deal when it was announced, “Perhaps, Lesson Learned.” She had no empathy in her voice or facial expression like it was not a big deal because they tried to course-correct the situation. With all due respect, not a good enough answer because that announcement traveled around the world far beyond the borders of Frisco. Then you have the audacity to speak to John from Universal about how he gave his word on some concessions to the residents that are not written in the SUP and you hope he keeps his word because you will remember if he doesn’t the next time he appears before the council. Residents remember too Ms. Pelham, they will remember being lied to and misled the next time you stand in front of them and ask for their vote. Telling him his integrity is on the line and that he should honor and respect our home, all the while you are not respecting or honoring the residents before you who are asking you to protect their home and qualify of life is very hypocritical.

Livingston said he liked the project but he could not support the location near Cobb Hill and therefore he would be voting NO! Rummel wanted to table it although we are not sure what that would have done. Keating cried and said how emotionally impacted he was by Commission Cone’s words that evening, wait what? Where was his emotion for the residents who have stood before him pleading to save their neighborhood, and maintain their quality of life? Oh yeah, he went to the beach on vacation and never meet with the residents. Aruba, Jamaica, ooh I wanna take ya, Bermuda, Bahama, come on pretty mama, Key Largo, Montego Baby, why don’t we go anywhere other than Cobb Hill?

The conclusion, everything came back to the economic value the project will bring our city. Yet our city is flush today and will continue to be off the many businesses here so saying no to one business, is not going to destroy our city economically. Money is the best motivator and that is some shady shit!

The Cost of Doing Business

by | Feb 27, 2023 | Campaign Donations, Campaign Finance Reports, City Council, Developements, Developers, Fehmi Karahan, Fields West, Jerry Jones, John Keating, Mayor Jeff Cheney, Politics, Robert Elliott, Robert Elliott - The Associates, Stillwater, The Link, The Preserve & Fields, The Star, Universal Kids

Since childhood, I have loved a movie night with the family.  My dad would take me to the corner store where he always got my mom a Bit-O-Honey and then he would look at me and say in his deep voice, kid you can pick a sweet treat too.  I am sure I smiled ear to ear the whole way home looking out the window of the old truck with my $100,000 candy bar in my hand.  Today the candy bar is called 100 Grand and I still pick one up every Friday with a quick pick lotto.  In the movie Other People’s Money (1991), Lawrence Garfield said, “I love money more than the things it can buy…but what I love more than money is other people’s money.”

Our lives center around other people’s money, and we don’t even realize it.  The bank owns the home until you make the last payment.  The car belongs to the lender until you make the last payment.  The new furniture you bought at Nebraska Furniture Mart that is financed over 24 months is not yours until the last payment.  By now you see the connection, until we make the last payment the thing we love is not really ours.  Politicians LOVE other people’s money because it helps pay for costly campaigns.  The more campaign contributions they bring in, the less they will have to take out of their own pockets or through a loan.  Political contributions are a time-honored tradition, and some would say “The Cost of Doing Business.”

In 2019, Sharon Grigsby with the Dallas Morning News did an article about Phillip Michael Carter, who was accused of taking advantage of elderly investors for million dollars, and the relationship he had with both Cheney and Keating’s campaign. Cheney received $15,000 and Keating received $5000 from Carter, both said they were returning the donations which was the right thing to do.  She interviewed Cheney for about 45 minutes and Cheney told her he met Carter sometime after he became Mayor in 2017 and Carter later visited his office at City Hall about a sign-ordinance provision that was causing him difficulties at his Preston Road commercial property. Cheney said it was not unusual and most developers reach out to the mayor and ask for help. Cheney confirmed he helped resolve the issue but was steadfast that the 2018 campaign contribution was not tied to that case and said, “there was never a this for that.” 

Cheney also told Grigsby that his “reputation is everything to me.”  He regrets not looking deeper into the allegations but he is “so busy every single day, from sunup to sundown to the weekends.”  The article goes on to say Cheney first learned of Carter’s state charges and arrest relating to fraud charges on November 14, 2018.  He immediately linked the $5000 donation from Carter but said he had completely forgotten about the entire case until he began reviewing his campaign finance reports in anticipation of his interview with Grigsby.  He admitted in the interview much of what Grigsby was laying out in regard to charges was news to him.  The article was riveting but it never discussed the timeline between his donations and when the “issue” got fixed so we did some research.    

May 24, 2018:  Cheney $10,000 by Carter Family Office LLC (Phillip Carter)

October 10, 2018:  Cheney $5,000 by North Forty Development (Phillip Carter)

October 15, 2018:  Keating $5000 by Texas Cash Cow (Phillip Carter)

October 23, 2018:  P&Z holds a public hearing for Sign Variance: Preston Wade Crossing by Frisco Wade Crossing Development Partners, LLC (Phillip Carter)

**Interesting fact the P&Z Commission in 2018 was led by Robert Cox who was appointed to the Commission in April 2016 with the first motion by John Keating and second by then councilman Jeff Cheney.

January 2019:  SEC Files Charges against Phillip Carter for a multi-million dollar fraud scheme that took place from May 2015 to Feb 2017 and totaled around $45 million dollars and was sentenced to 45 years in prison.

In 2019, Frisco’s population according to the US Census was about 200,907 people. It is hard to believe that someone who is the mayor of a booming and bustling town and also an extremely successful businessman could just “forget” about a fraud case that involved a real estate developer and millions of dollars. At the time it was plastered in local DFW papers and the top story on most local news stations.  To be fair, Cheney and Keating accepted a campaign donation and nothing illegal occurred. They were never named in allegations that involved Phillip Carter and both returned the donations.  Again, this is just another situation that “doesn’t look good” and could lead many to believe that something improper was happening, even if it wasn’t.  That old perception is reality for many folks is a stinker.

Another thing we learned from Grigsby’s March 2019 DMN article was Cheney’s personal policy of not accepting more than $10,000 from a single donor when it comes to campaign contributions. I am not sure when that became his policy because he accepted $20,000 in 2017 plus $6000 in 2020 from Ali Kahla who we believe was a representative for IGO-USA, The Gate developer. I guess he also must have been ridiculously busy and forgot his personal policy almost 9 months after his interview with Grigsby and the article because in 2020 he accepted $15,000 from Fehmi Karahan (Fields).  Again, we want to say there is nothing illegal about the donations (we don’t want to be sued) other than they seem to break his personal policy.  I guess it is good to have a flexible policy that benefits you when needed.

Philip Anthony Hopkins who played Odin in the movie Thor said, “Even with two eyes, you can only see half of the picture.” If that is true, then we should all go to the Ophthalmologist to get our eyes checked out. The problem is repetition, the action of repeating something that you have already done or the recurrence of an action or event.  The repetition of “it just looks bad” starts to become a theme and that can have a detrimental impact on the citizen’s perception of you and the city. The conversation becomes about the lack of trust and confidence in our city, the city council members, and our mayor.

Dynasty of A Development

by | Feb 16, 2023 | Cheney Group, Community Development Corp, Developements, Developers, Economic Development Corp, Fehmi Karahan, Fields - Brookside North, Fields - Brookside South, Fields West, George Purefoy, Hunt Realty, Mayor Jeff Cheney, Omni PGA Resort, PGA Frisco, Politics, Robert Elliott, Robert Elliott - The Associates, Stillwater, Taxpayer Dollars, The Link, The Preserve & Fields, Universal Kids

It started like any other January day residents across Frisco woke up and started getting ready to take on a new day. I stepped out of the shower and could hear the morning newscaster on the television giving the traffic report followed by the weather. The deep voice said, prepare for the warmest January day since 2009 because today we should hit a high of 83 degrees. Texans generally joke about how we hit all four seasons in one day.  Winter starts at 6 am, spring starts at 10 am, summer is at 2 pm and fall starts around 5:30 pm. 

Midmorning sitting at my desk I get a notification that Visit Frisco has gone live on their Facebook page so of course I tune in to see what is going on. Standing behind a podium is Mayor Jeff Cheney announcing all the officials and guests in attendance. He then goes on to quote Dr. Seuss and says “One Fish, Two Fish, Frisco has a new wish and that is to welcome Universal Studios and Universal Kids to Frisco, Texas.” I was thinking about why would we want a theme park, where would it go, and how did this development come about. Mark Woodbury, Chairman & CEO of Universal Parks & Resorts, share a rendering of a bright and colorful theme park geared towards young children with a hotel featuring 300 rooms. Page Thompson, President of New Ventures for Universal announced they just purchased land 97 acres east of the DNT and north of Panther Creek Parkway in the Fields development. Mayor Jeff Cheney takes his position back at the podium to thank Fehmi Karahan of Fields and Karahan Properties as well as Hunt Real Estate who brought PGA here and is now bringing Universal Theme Parks. 

In my head, I was thinking how did this dynasty development come about? The response on social media was swift and it soon became clear not all Frisconians were pleased about the park’s announcement.   Weeks went by and I passively watched everything play out online and at city meetings.  The key message being communicated by our mayor was how excited everyone was to welcome universal, and how the project had been fully vetted by the city and council. The key message from residents, they didn’t want the park.  I was just intrigued by how much our Mayor was trying to sell the project to residents and news channels, and how he advocated relentlessly for the development. 

Then one night while sitting in my recliner, I remembered back in October a post that I had seen from The Cheney Group that said his agents have been working on something very special for over a year now.  They were excited to announce The Preserve at PGA is about to tee off and if someone was interested in building their own custom home reach out to them asap.  He talked about early interest being historic levels and how they were the Fields Experts. My golf buddy in real estate around that same time was pretty upset telling me that The Cheney Group had snagged the exclusive to list The Preserve homesites.  He even showed me an alluring glossy mailer that he had received in the mail from The Cheney Group. The front talked about the residential communities of PGA, living at Fields with renderings of the development. It had an attractive picture of The Cheney Group in front of the Fields boxes we see along the feeder road of the DNT. The back talked about Fields West, from the visionary behind Legacy West referring to Fehmi Karahan and new communities The Preserve and Brookside.   

Growing up I always wanted to be like Perry Mason, Matlock, or Remington Steele probably because of my curious nature. It is that curious nature that leads me to ask how can The Cheney Group be the exclusive Fields Experts and now Jeff Cheney, acting as Mayor is advocating for Universal? Fehmi spoke twice at the February 7th, Special Meeting of the P&Z Commission and City Council meeting on behalf of Universal, so it is clear he has a personal interest in seeing Universal go through as it will be a part of the overall Fields project. I am no legal eagle, but I would think that if The Cheney Group is in any way financially benefiting from representing The Preserve for Fehmi Karahan which is part of the Fields Development then Jeff Cheney should recuse himself from any development talk regarding Fields and Universal as it is part of the same overall project. 

My curiosity had me wondering, is that why when several residents showed up to a city council meeting to speak at citizens input he responded to each of them like he was selling the features and benefits of the Universal theme park. Am I the only one who feels like the mayor is trying to sell this project so hard to the public? Am I the only one with these questions or think they may be a reason to be concerned? Am I the only one who thinks something feels shady about it? It goes back to that little word transparency, and the perception or appearance of a conflict of interest.