Min - City Council - 2016 - 10/25 - RegularALLEN CITY COUNCIL
' REGULAR MEETING
OCTOBER 25, 2016
Present:
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obenneyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Eric Ellwanger, Assistant City Manager
' Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Rebecca Vice, Assistant to the City Manager
Pete Smith, City Attorney
Workshop Session
The Workshop Session was not held in lieu of the City Council Community Reception recognizing the City of
Allen as the 2016 National Gold Medal Award winner for Excellence in Parks and Recreation Management.
Call to Order and Announce a Ouorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:01 p.m. on Tuesday, October 25, 2016, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
Citizen's Comments.
2. Presentation of Proclamations by the Office of the Mayor:
' • Presentation of a Proclamation to Representatives of the Keep Allen Beautiful Board Proclaiming
November 5, 2016, as "Allen Recycles Day."
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 25, 2016 PAGE 2
' 3. Recognition of Parks and Recreation Department's Awards from the International Festival and
Event Association (IFEA) and the Gold Medal Award from the National Recreation and Park
Association.
The Parks and Recreation Department was presented with the following seven awards for Market
Street Allen USA Celebration at the 2016 IFEA conference on September 27, 2016 in Tucson,
Arizona:
— Gold - Best Event Website (AllenUSA.org)
— Gold - Best Miscellaneous Multimedia (Digital ads)
— Gold - Best Single Newspaper Display Ad (Dallas Morning News advertisement)
Gold - Beat Vendor/Supplrer-(Community Waste Disposal)
— Silver - Best Ad Series (Dallas Morning News advertising campaign)
— Silver - Best Sponsor Partner (Market Street)
— Bronze - Best Festival/Event Mobile Application (AllenUSA.org)
The City of Allen was chosen as the 2016 National Gold Medal Award winner for Excellence in
Parks and Recreation Management among cities our size.
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Obenneyer,
the Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda
' as follows:
4. Approve Minutes of the October 11, 2016, Regular City Council Meeting.
5. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9 - Motor Vehicles and Traffic,
Section 9-137(b), Modifying the School Zone for Kerr Elementary.
ORDINANCE NO. 3428-10-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION
OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-137(6), TO DESIGNATE
TWIN CREEKS DRIVE FROM TWO HUNDRED (200) FEET NORTH OF GLENDOVER DRIVE
TO TWO HUNDRED (200) FEET SOUTH OF GLENDOVER DRIVE AS A SCHOOL ZONE WITH
A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR; PROVIDING
A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
6. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for
Tax Increment Financing (TIF) Reinvestment Zone No. 1 (Garden District).
RESOLUTION NO. 3429-10-16(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE
' ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1; AND PROVIDING
FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 25, 2016
PAGE
7. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for
Tax Increment Financing (TIF) Reinvestment Zone No. 2 (Central Business District).
RESOLUTION NO. 3430-10-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE
ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 2; AND PROVIDING
FOR AN EFFECTIVE DATE.
8. Authorize the City Manager to Execute a Payment in the Amount of $60,438.56 to PST Services,
Inc., a McKesson Company, for Supplemental Payment Recovery Assistance Services.
9. Authorize the City Manager to Execute a Mutual Access, Utility, and Fire Lane Easement
Purchase Agreement with Petov, L.P. in the Amount of $50,000 Plus Closing Costs for an
Easement Generally Located Between Cheddars and Panda Express on Stacy Road.
10. Authorize the City Manager to Execute a Facilities Participation Agreement with Chick-Fil-A,
Inc.
11. Award Bid and Authorize the City Manager to Execute a One -Year Contract with Interline
Brands, Inc., dba Supply Works, for the Purchase of Janitorial Supplies with Four (4) One -Year
Optional Renewals for an Annual Amount of $115,000.
' 12. Authorize the City Manager to Execute a Service Agreement with Motorola Solutions for
Hardware and Software Maintenance of the P-25 Trunked Radio System Utilized by Public
Safety in the Amount of $203,668.
13. Authorize the City Manager to Execute a Professional Service Contract with Dannenbaum
Engineering for the Design of Ridgeview Drive Paving and Drainage Improvements for a
Segment of Roadway East of Watters Road to Chelsea Boulevard in the Amount of 5484,550.
14. Receive the Capital Improvement Program (CIP) Status Reports.
15. Receive the Summary of Property Tax Collections as of September 2016
The motion carried.
Recnlar Aeenda
16. Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning from Single -Family
Residential R-3 to a Planned Development for Townhome Residential District TH, and Adopt a
Concept Plan, Open Space Plan, Development Regulations and Building Elevations; for a 6.2451
Acre Tract of Land, Generally Located South of Main Street and East of Greenville Avenue.
]Ashwood Creek Place: Townhome Development]
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
'
do so at this time.
The following individuals spoke in favor to the item:
William Edwards, 6060 N. Central Expressway, #500, Dallas, Texas;
Sudhir Toorpu, 201 & 203 S. Greenville Ave., Allen, Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 25, 2016 PAGE 4
The following individuals did not speak, but wished to record their support of the item:
Gary Nail, 6401 Stewart, The Colony, Texas;
V inaya Dasari, 201 & 203 S. Greenville Ave., Allen, Texas;
Jaipal Dasari, 327 S. Jupiter Road, Apt. 1121, Allen, Texas;
Mahipal Dasari, 315 N. Greenville Ave., Apt. 414, Allen, Texas.
The following individuals did not speak, but wished to record their opposition of the item
The following individuals spoke in opposition to the item:
Michael Williams, 800 Youpon Drive, Allen, Texas;
Tina Bruce, 413 Allenwood, Allen, Texas;
Kenneth R. O'Brien, 536 Cedar Elm Lane, Allen, Texas;
Mai EI Moreghayar, 410 Allenwood Drive, Allen, Texas;
Keith Broce, 413 Allenwood, Allen, Texas;
'
Hector Andres Semoo, 417 Ellis Drive, Allen, Texas;
Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas.
The following individuals did not speak, but wished to record their support of the item:
Gary Nail, 6401 Stewart, The Colony, Texas;
V inaya Dasari, 201 & 203 S. Greenville Ave., Allen, Texas;
Jaipal Dasari, 327 S. Jupiter Road, Apt. 1121, Allen, Texas;
Mahipal Dasari, 315 N. Greenville Ave., Apt. 414, Allen, Texas.
The following individuals did not speak, but wished to record their opposition of the item
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed, to reopen and continue the public hearing
to the November 22, 2016, regular meeting. The motion carried.
Councilmember Kizer commented that it may be in the interest to have the developer meet with
residents of the surrounding communities prior to the November 22nd meeting.
17. Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning from Corridor
Commercial "CC" to a Planned Development for a Data Center Use, and Adopt a Concept Plan,
Building Elevations, Screening Plan, and Development Regulations for a 12.000+/- Acre Portion
of Land Generally Located North of Allen Commerce Parkway and West of US Highway 75.
[Compass Datacenters: Data Center Development[
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Chris Curtis, 14180 N. Dallas Pkwy., #610, Dallas, Texas, spoke in support of the item.
With no one else speaking, Mayor Terrell closed the public hearing.
' ORDINANCE NO. 3431-10-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING
A CHANGE IN ZONING FROM "CC" CORRIDOR COMMERCIAL TO "PD" PLANNED
DEVELOPMENT NO. 124 FOR DATA CENTER RELATED USES ON I2.Ot ACRES OUT OF
Heather O'Brien, 536 Cedar Elm Circle, Allen, Texas;
Susan Chipper, 408 Allenwood Drive, Allen, Texas;
Julie Schomack, 1103 Shumard, Allen, Texas;
Linda Robinson, 414 Ellis, Allen, Texas;
May L. White, 415 Ellis, Allen, Texas;
Craig Kunkel, 9 Cedar Elm Circle, Allen, Texas.
'
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed, to reopen and continue the public hearing
to the November 22, 2016, regular meeting. The motion carried.
Councilmember Kizer commented that it may be in the interest to have the developer meet with
residents of the surrounding communities prior to the November 22nd meeting.
17. Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning from Corridor
Commercial "CC" to a Planned Development for a Data Center Use, and Adopt a Concept Plan,
Building Elevations, Screening Plan, and Development Regulations for a 12.000+/- Acre Portion
of Land Generally Located North of Allen Commerce Parkway and West of US Highway 75.
[Compass Datacenters: Data Center Development[
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Chris Curtis, 14180 N. Dallas Pkwy., #610, Dallas, Texas, spoke in support of the item.
With no one else speaking, Mayor Terrell closed the public hearing.
' ORDINANCE NO. 3431-10-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING
A CHANGE IN ZONING FROM "CC" CORRIDOR COMMERCIAL TO "PD" PLANNED
DEVELOPMENT NO. 124 FOR DATA CENTER RELATED USES ON I2.Ot ACRES OUT OF
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 25, 2016
PAGE
' THE GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701, BEING FURTHER DESCRIBED IN
EXHIBIT "A," ATTACHED HERETO; ADOPTING DEVELOPMENT REGULATIONS, A
CONCEPT PLAN, BUILDING ELEVATIONS, AND A SCREENING PLAN; PROVIDING FOR A
CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by -Councilmember Sedlacek and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed, to adopt Ordinance No.
3431-10-16, as previously captioned, amending the zoning from Condor Commercial "CC"
to a Planned Development for a Data Center use, and adopt a concept plan, building elevations,
screening plan, and development regulations for a 12.000 +/- acre portion of land generally
located north of Allen Commerce Parkway and west of US Highway 75. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance Establishing Reinvestment Zone #33 and
Authorize a Tax Abatement Agreement with Compass Datacenters - DFW I, LLC Supporting
Construction of Three 29,000 SF Data Center Pods Located South of Ridgeview Memorial Park
on Allen Commerce Parkway. [Compass[
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
' Chris Curtis, 14180 N. Dallas Pkwy., #610, Dallas, Texas, spoke in support of the item.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3432-10-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 33
(COMPASS DATACENTERS - DFW I, LLC); PROVIDING ELIGIBILITY OF THE ZONE FOR
COMMERCIAL -INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE
LAND AND THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 3432-10-16, as
previously captioned, establishing Reinvestment Zone #33 and authorizing a tax abatement
agreement with Compass Datacenters — DFW Inc., LLC, supporting construction of three
29,000 SF data center pods located south of Ridgeview Memorial Park on Allen Commerce
Parkway. The motion carred.
Other Business
19. Calendar.
• October 29 —Arbor Day and Orchard Park Dedication Celebration —Orchard Park @ 9:00 a.m.
• November 5 — Animal Shelter Ribbon Cutting @ 1:00 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 25, 2016
' 20. Items of Interest.
1
PAGE
• November 1 — 0 Annual ACO Restyle Show / Allen Community Outreach Boutique opens at
10:30 a.m.
Executive Session
Executive Session was not held.
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the
Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 9:04 p.m. on Tuesday, October 25, 2016. The motion carried.
These minutes approved on the P day of November 2016.
ATTEST:
Shelley B. George, ^ C, CITY SECT TARY
APPROVED:
tephen Te ell, MAYOR