Min - City Council - 2009 - 06/09 - Regularnes�leey�rcKu�iccyl�
REGULAR MEETING
NNE 9, 2009
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
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 (absent)
Joe Gorda, Attorney
Workshon 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, June 9, 2009, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas:
• Update Regarding the Proposed Health Clinic
• Update Regarding the Allen USA 2009 Celebration
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m on
Tuesday, June 9, 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 7:08 p.m. on Tuesday, lune 9, 2009, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
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2. Recognition of the Allen Economic Development Corporation (AEDC) and Tim Wood, AEDC
Board of Directors President, for Receiving the 2008 Texas Economic Development Council
Economic Excellence Award.
Mayor Terrell removed the following agenda item from the Consent Agenda:
10. Authorize the City Manager to Execute an Economic Development Agreement between the City
of Allen and Coventry II DDR/Trademark Montgomery Farm L.P. for the Purpose of
Providing a Community Room for Use by Civic and Other Local Organizations at Reduced
Costs and Establish a Project Budget of $125,000.
No action was taken on this agenda item.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Stout,
the Council voted seven (7) for and none (0) opposed to adopt the remaining items on the
Consent Agenda as follows:
Approve Minutes of the May 26, 2009, Regular Meeting.
4. Adopt an Ordinance Amending the Code of Ordinances Designating a Portion of Angel
Parkway and Exchange Parkway as School Zones for Olsen Elementary School.
ORDINANCE NO. 2835-6-09AN 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, "SCHOOL ZONE";
TO DESIGNATE EXCHANGE PARKWAY FROM 100 FEET WEST OF ANGEL PARKWAY TO
200 FEET WEST OF WINDGATE WAY AND ANGEL PARKWAY FROM 100 FEET NORTH
OF EXCHANGE PARKWAY TO 100 FEET SOUTH OF EXCHANGE PARKWAY AS SCHOOL
ZONES WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER
HOUR, AS SCHOOL ZONES; 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.
Adopt an Ordinance Amending Police Department General Order 300 Discipline / Complaints
Against Police Personnel and General Order 1700 Hiring / Recruiting Process.
ORDINANCE NO. 2836-6-09, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE PERSONNEL POLICY FOR THE CITY
OF ALLEN POLICE DEPARTMENT, PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
6. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with the
�j Town of Fairview for Stacy Road Median Maintenance from US 75 to Greenville Avenue (SH® 5).
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RESOLUTION NO 2837-6-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE
TOWN OF FAIRVIEW AUTHORIZING MAINTENANCE AND ALLOCATION OF COSTS OF
MAINTENANCE OF THE ROADWAY MEDIANS INCLUDING THE MAINTENANCE OF THE
LANDSCAPING AND IRRIGATION SYSTEM, MAINTENANCE AND CAPITAL
REPLACEMENT OF STREET LIGHTS AND TRAFFIC SIGNALIZATION ON THE ROADWAY,
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE, AND PROVIDING
AN EFFECTIVE DATE.
Adopt a Resolution Authorizing the City Manager to Submit Five Project Activities to the
Department of Energy's Energy Efficiency and Conservation Block Grant — Formula Grant
Program for Funding Assistance Toward Energy Efficiency Activities in Public Facilities.
RESOLUTION NO. 2838-6-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT',
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON
BEHALF OF THE "APPLICANT' IN DEALING WITH THE U.S. DEPARTMENT OF ENERGY
NATIONAL ENERGY TECHNOLOGY LABORATORY, HEREIN AFTER REFERRED TO AS
"GRANTOR," FOR THE PURPOSE OF PARTICIPATING IN THE RECOVERY ACT – ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANTS – FORMULA GRANTS PROGRAM,
HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT'
IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THE NAME AND CONTACT
INFORMATION OF THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
8. Authorize the City Manager to Execute an Economic Development Incentive Agreement
between the City of Allen and Cisco Systems, Inc.
9. Authorize the City Manager to Execute a Real Property Exchange Agreement with Coventry II
DDR/Trademark Montgomery Farm L.P.
It. Authorize the City Manager to Execute Four Contracts with Clear Wireless LLC, a Nevada
Limited Liability Company, for Microwave Dishes and Antennae to be Placed on the Bethany,
Custer, Hillside, and Rowlett Water Towers, Each with a Five-year Term Contract with an
Option for Five Additional Five-year Terms at $15,000 per Year per Contract with a Rate
Increase of 3% Each Year per Contract.
12. Authorize the City Manager to Purchase Three Additional Vehicles for the Police Department
through the Houston -Galveston Area Council of Government's Cooperative Purchasing
Program from Dallas Dodge for an Amount of $63,740 and the Police Vehicle Package from
Pursuit Safety, Inc. for an Amount of $41,260 with the Total Amount being $105,000.
The motion carried
13. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code, Article VII, Section 7.03.5, Utility Services, and Article VHL Section 8.10, Extensions of
Water and Wastewater Mains, Subsection 4, Underground Utilities.
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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 opposition to the request:
Clarence Wilkerson, 823 Rockefeller Lane, Allen, Texas
Carl Tineq 749 Summerfield Drive, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed to table consideration of this item to the
July 14, 2009, Regular Meeting. The motion carried
14. TABLED ITEM: Consider a Request to Establish Reinvestment Zone #30 on Property Located
North of the Allen Premium Outlets on Chelsea Boulevard and Adopt an Ordinance
Implementing Reinvestment Zone 930 and 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.
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 remove this item from the table. The
motion carried.
ORDINANCE NO. 2839-6-09' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 30 (CISCO
SYSTEMS, INC. DATA CENTER); 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 Caplinger and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2839-6-09, as previously captioned, approving the formation of Reinvestment Zone 430 and
authorize the Mayor to execute documents necessary to provide the proposed tax abatement
agreement with Cisco Systems, Inc. to provide an abatement on property taxes related to real
and business personal property with a stair -stepped abatement schedule that varies from 40 -
percent in Year 1 to 20 -percent in Year 10, to support the construction of a 140,000 - 160,000
square foot Tier III data center facility on Chelsea Boulevard in Allen. The motion carried
15. Election of Mayor Pro Tem.
Mayor Terrell called for nominations from the Council for the position of Mayor Pro Tem.
Councilmember McGregor nominated Councilmember Stout with a second by Councilmember
Sedlacek.
With no other nominations offered, Mayor Terrell closed the call for nominations. Councilmember
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Stout was elected as Mayor Pro Tem by a vote of seven (7) for and none (0) opposed.
16. Consider Making Appointments to Fill Vacancies in Place No. 2 on the Keep Allen Beautiful
Board and Place No. 6 on the Library Board.
Council Nominating Committee nominated Trent Armstrong to fill the vacancy in Place No. 6 on the
Library Board.
With no other nominations offered, Mayor Terrell closed the call for nominations. Trent Armstrong
was appointed to Place No. 6 on the Library Board by a vote of seven (7) for and none (0) opposed.
No action was taken on the appointment to the Keep Allen Beautiful Board.
Other Business
17. Calendar.
• June 15, 22 - Summer Sounds Concerts Series / 1FRC / 7 p.m.
• June 27 - Allen USA Celebration / Celebration Park / Noon - 11 p.m.
18. Items of Interest. ]Council announcements regarding local civic and charitable events,
meetings, fundraisers, and awards.]
June 15 - Allen Public Safety Recovery Fund Golf Tournament
The Council expressed congratulations to Mayor Terrell on his election to the North Central
Texas Council of Government Board of Directors
The Regular Meeting was recessed at 7:51 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
8:13 p.m. on Tuesday, June 9, 2009, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in
order to continue discussing matters pertaining to:
19. Personnel Pursuant to Section 551.074 of the Texas Government Code -
Discuss Appointment to the Allen Economic Development Corporation
The Executive Session adjourned at 8:40 p.m on Tuesday, June 9, 2009
20. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into Regular Meeting at 8:45 p m. on Tuesday, June 9, 2009 No
action was taken on any items discussed in Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:45 p.m. on Tuesday, lune 9, 2009 The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 9, 2009
These minutes approved on the 23rd day of June, 2009.
ATTEST:
Shc e�y B. Geo TY SECRETI Y
k
APPROV D:
Stephen errell, MAYOR
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