Min - City Council - 2009 - 05/12 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 12, 2009
Present:
Stephen Terrell, Mayor
Councilmembers:
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:16 p.m. on Tuesday, May 12, 2009, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas:
• Introduction of Stacy Gonzales, Vice -Chair of the Keep Allen Beautiful Board
• Update Regarding Allen Service Center
• Update Regarding New Solid Waste Rates and Fees
• Committee Updates from City Council Liaisons
• Discussion of Regular Agenda Items
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.05 p.m. on
Tuesday, May 12, 2009
Call to Order and Announce a Quorum 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 7:09 p in on Tuesday, May 13, 2009, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Allegiance
Public Recognition
Debbie Stout, Mayor Pro Tem
Ross Obenneyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor
City Staff:
Peter H Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:16 p.m. on Tuesday, May 12, 2009, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas:
• Introduction of Stacy Gonzales, Vice -Chair of the Keep Allen Beautiful Board
• Update Regarding Allen Service Center
• Update Regarding New Solid Waste Rates and Fees
• Committee Updates from City Council Liaisons
• Discussion of Regular Agenda Items
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.05 p.m. on
Tuesday, May 12, 2009
Call to Order and Announce a Quorum 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 7:09 p in on Tuesday, May 13, 2009, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Allegiance
Public Recognition
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 12, 2009
1 1. Citizens' Comments.
PACE
2. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed
by the U.S. Armed Forces.
• Mr. and Mrs. Carl Clemencich, parent -in-laws of Second Lieutenant Abigail Clemencich of the
United States Air Force,
3. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Steve Massey, Director, and Representatives of the Community
Services Department Proclaiming May 17-23, 2009, as Public Works Week.
• Presentation of a Proclamation to Vikki Francis, Animal Control Supervisor, and Representatives
of the Animal Control Division Proclaiming May 17-23, 2009, as Bile Prevention Week
4. Presentation of a Check Indicating' Volunteer Hours to the Community' by Jo Long, President
of the Allen Retired Educators' Association (AREA).
5. Recognition of Rachel Denney, Allen High School Student and Creator of the Logo for the
Alliance for a Healthier Allen (AHA).
8. Recognition of Reuse -a -Shoe Contest Winners.
• First Place: Mary Evans Elementary
• Second Place: Kerr Elementary
Third Place: Vaughan Elementary
Classroom Competition Winner: Mrs Staten's Third Grade Class, Kerr Elementary
• Individual Competition Winner: Maya Bullock, Kerr Elementary
6. Recognition of the Planning and Development Department's GIS Team for Winning Two
Awards at the South Central Are User Group (SCAUG) Annual Conference GIS Map
Application Competition.
7. Presentation of the Keep Allen Beautiful Board's (KAB) Annual Report by Vice -Chair Stacy
Gonzales.
9. Presentation of the Community Waste Disposal, Inc. (CWD) Annual Report by Greg Roemer,
President, and Robert Medigovich, Municipal Coordinator.
Consent Agenda
MOTION: Upon a motion made by Counedmember Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt the items on the
Consent Agenda as follows:
10. Approve Minutes of the April 28, 2009, Regular Meeting.
11. Motion to Set the Canvass of the May 9, 2009, General Election at 12:00 p.m. on Tuesday,
May 19, 2009.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 12, 2009
PAGE
12. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement between
the City of Allen and the City of Plano for Joint Use of the 700/800 MHz Trunked Radio
System.
RESOLUTION NO. 2822-5-09(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE
CITIES OF ALLEN AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL
AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
13. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or
Terminate a Justice Assistance Grant (JAG) from the State of Texas, Office of the Governor,
Criminal Justice Division, to Fund an Internal Camera System for the Police Department and
Adjacent Facilities, if Awarded.
RESOLUTION NO. 2823-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE A JUSTICE ASSISTANCE GRANT FROM THE STATE OF TEXAS, OFFICE OF
THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR AN
INTERNAL DIGITAL VIDEO CAMERA SYSTEM FOR THE POLICE DEPARTMENT AND
ADJACENT FACITLITES, IF AWARDED.
14. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the State of
Texas to Accept the Tobacco Compliance Grant, if Awarded.
RESOLUTION NO. 2824-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE
STATE OF TEXAS, TO ACCEPT THE TOBACCO COMPLIANCE GRANT AWARD, IF
AWARDED.
15. Adopt a Resolution Declaring Continued Election of the City of Allen to Participate in Tax
Abatement and Updating the Tax Abatement Guidelines.
RESOLUTION NO. 2825-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, CONTINUING THE ELECTION TO BECOME
ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT, UPDATING THE CITY OF ALLEN TAX
ABATEMENT GUIDELINES, AND PROVIDING AN EFFECTIVE DATE.
16. Authorize the City Manager to Execute a Contract with CB&I, Inc. for the Construction of the
Two Million Gallon Hillside Water Tower for an Amount Not to Exceed $5,583,000.00 and
Approve Deductive Change Order No. 1 in the Amount of $300,000 for a Net Contract Amount
of $5,283,000 and Amend the Project Budget of $5,980,000.
17. Accept a Resignation and Declare a Vacancy in Place No. 6 of the Library Board.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 12, 2009
PAGE
18. Conduct a Public Hearing to Consider the Establishment of Tax Abatement Reinvestment Zone
430 on Land Located North of the Allen Premium Outlet Mall on Chelsea Boulevard and Adopt
an Ordinance Establishing Reinvestment Zone #30 to Approve a Tax Abatement Agreement
with Cisco Systems, Inc. Supporting Construction of an Approximately 140,000 — 160,000
Square Foot Tier III Data Center Facility on Chelsea Boulevard.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Caplinger, the Council voted seven (7) for and none (0) opposed to table consideration of this
item to the May 26 Regular Meeting. The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance to Establishing a Planned Development for
Data Center Use on Property Currently Zoned CC Corridor Commercial on 34t Acres Located
North of Stacy Road and East of Chelsea Boulevard.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
David Hicks, 401 Woodlake Drive, Allen, Texas, spoke in favor of the request.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2826-5-09: 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, 102 FOR DATA CENTER RELATED USES ON 34.0± ACRES
OUT OF THE JOSEPH DIXON SURVEY, ABSTRACT NO. 276, BEING FURTHER DESCRIBED
IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS,
PROVIDING FOR A CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING
FOR BUILDING ELEVATIONS, ATTACHED HERETO AS EXHIBIT "C", PROVIDING FOR A
SCREENING PLAN, ATTACHED HERETO AS EXHIBIT "D"; PROVIDING FOR A
REPEALING 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 Mayor Pro Tem Stout, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2826-5-09, as
previously captioned, providing for a period of 120 days in which the noise levels associated
with the use of emergency equipment may be exceeded. The motion carried
20. Consider All Matters Incident and Related to the Issuance and Sale of City of Allen, Texas,
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 12, 2009
PAGE
1 General Obligation Bonds, Series 2009, Including the Adoption of an Ordinance Authorizing
the Issuance of Such Bonds.
ORDINANCE NO. 2827-5-09: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2009"; SPECIFYING THE
TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL
AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A
PAYING AGENT/REGISTRAR AGREEMENT AND A BOND PURCHASE AGREEMENT, AND
THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Ober, neyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2827-5-09, as
previously captioned, authorizing the issuance of General Obligation Bonds, Series 2009, in
the amount of $15,400,000 and all matters incident and related to the issuance, sale, payment,
and delivery of the bonds. The motion carried.
Other Business
21. Calendar.
1 • May 19 — Canvass of the General Election
22. Items of Interest. [Council announcements regarding local civic and charitable events,
meetings, fundraisers, and awards.
• June 15 — Public Safety Recovery Fund Golf Tournament
• Councilmember Obermeyer wished a dear friend a happy birthday.
Executive Session
The Executive Session was not held.
23. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the
Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 9:10 p.m. on Tuesday, May 12, 2009 The motion carried.
1
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 12, 2009
1 These minutes approved on the 261h day of May, 2009
ATTEST:
Shelley B. Georg TY SECRETARY
I
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Stephenlferrell, MAYOR