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Min - City Council - 2008 - 08/12 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 12, 2008 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 15 p in on Tuesday, August 12, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas' • Introduction of Jane Bennett, Chair of the Allen Public Art Advisory Committee • Update Regarding the Arts Alliance and the Status of the Arts in Allen • Preview of the Online Registration System for the Parks and Recreation Department With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.55 p.m. on Tuesday, August 12, 2008. 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 7.05 p.m. on Tuesday, August 12, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens' Comments. Debbie Stout, Mayor Pro Tem Ross Obemreyer Joey Herald Robin L Sedlacek Gary L. Caplinger Jeff McGregor City Statf: 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 15 p in on Tuesday, August 12, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas' • Introduction of Jane Bennett, Chair of the Allen Public Art Advisory Committee • Update Regarding the Arts Alliance and the Status of the Arts in Allen • Preview of the Online Registration System for the Parks and Recreation Department With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.55 p.m. on Tuesday, August 12, 2008. 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 7.05 p.m. on Tuesday, August 12, 2008, 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 AUGUST 12, 2008 PAGE Curtis Burlbaw, 207 Willowbend Court, Allen, Texas, encouraged the Council to provide mass transit opportunities within the City Karl Damhave. 1105 Krum Court, Allen, Texas, requested Council adopt an ordinance prohibiting hunting within the City's limits. 2. Recognition of the City of Allen Finance Department as the Recipient of the Distinguished Budget Presentation Award by the Government Finance Officers Association. 3. Jane Bennett, Chair, Provided the Presentation of the Annual Report of the Allen Public Art Advisory Committee. Consent Aeenda MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councdmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 4. Approve Minutes of the July 22, 2008, Regular Meeting. 5. Adopt an Ordinance Amending Ordinance No. 2636-6-07 to Correct a Scrivener's Error to Attach the Concept Plan. ORDINANCE NO. 2759-08-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 2636-6-07 TO CORRECT SCRIVENER'S ERROR BY ATTACHING THE CONCEPT PLAN: PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6. Authorize the City Manager to Execute a Contract with Jim Bowman Construction Company in the Amount of $355,853.05 for Construction Services for the Country Brook Lane Extension Project and Amend the Project Budget to $535,000. Receive the Financial Report for the Period Ending June 30, 2008. Receive the Investment Report for the Period Ending June 30, 2008. The motion carred. Reeular Aeenda 9. Conduct a Public Hearing on the Budget as Required by Article IV, Section 4.04 of the Allen City Charter. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so Willi no one speaking, Mayor Terrell closed the Public Hearing. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 12, 2008 PAGE 3 Mayor Terrell announced the City Council will vote on the budget at the September 9, 2008, City Council Meeting at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas. 10, Conduct a Public Hearing Regarding the Fiscal Year 2008-2009 City Tax Rate. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the Public Hearing. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 9, 2008, at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 55.6 cents per $100 of the certified appraised value for the Fiscal Year 2008-2009 budget. The motion tamed. It. Adopt an Ordinance Establishing the City of Allen's Water Conservation and Drought Contingency and Water Emergency Response Plan. ORDINANCE NO. 2760-8-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 2332-9-04 IN ITS ENTIRETY, REPEALING ORDINANCE NO. 2414-6-05 IN ITS ENTIRETY; REPEALING ORDINANCE NO. 2519-5-06 IN ITS ENTIRETY, AND REPEALING ORDINANCE NO. 2584-1- 07 IN ITS ENTIRETY, AMENDING THE CITY OF ALLEN CODE OF ORDINANCES BY AMENDING CHAPTER 14 "UTILITIES" BY AMENDING SECTION 14-14.1 THROUGH SECTION 14-16 TO ESTABLISH A NEW WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF ALLEN; ESTABLISHING PROCEDURES AND CRITERIA FOR DECLARING A WATER EMERGENCY AND IMPLEMENTING AND TERMINATING THE DROUGHT RESPONSE STAGES AND ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES AND PROMOTING RESPONSIBLE USE OF WATER; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR OFFENSES; PROVIDING FOR AN ADMINISTRATIVE PENALTY APPLICABLE TO NON -SINGLE FAMILY WATER CUSTOMERS, AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember McGregor, the Council voted six (6) for and one (1) opposed with Councilmember Oberrneyer casting the negative vote, to adopt Ordinance No 2760-8-08, as previously captioned, establishing the City of Allen Water Conservation and Drought Contingency and Water Emergency Response Plan. The motion earned. 12. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boards and Commissions, as Nominated by Mayor Terrell. Mayor Terrell made the following nominations: Mayor Pro Tem Stout - Public Art Committee (Advisory); Allen Community Development Corporation (Corporation) ALLEN CITY COUNCIL REGULAR MEETING AUGUST 12, 2008 PAGE Councilmember Obermeyer - North Texas Municipal Water District: Arts of Collin County Commission (Corporation) Councilmember Herald- Planning & Zoning Commission (Quasi -Judicial); Parks and Recreation Board (Advisory) Councilmember Sedlacek - Library Board (Advisory) Councilmember Caplinger - Allen Economic Development Corporation (Corporation); Board of Adjustment (Quasi -Judicial); Building & Standards Commission (Quasi -Judicial): Sign Control Board (Advisory) Councilmember McGregor - Animal Shelter Advisory Committee (Advisory), Keep Allen Beautiful (Advisory) 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 confirm the appointments of Councilmembers as Board Liaisons to City Boards and Commissions, as nominated by Mayor Terrell. The motion carried. 13. Motion to Confirm City Council Appointments to the Various Nominating Committees for the Appointment of Boards and Commissions for Fiscal Year 2008-2009. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to confirm the appointments of Councilmember Obermeyer, Councilmember Sedlacek and Councilmember Caplinger to serve as the Nominating Committee as recommended for appointment by Mayor Terrell The motion carred. Other Business 14. Calendar. • August 12-15 — 1 I" Annual Transportation Summit/Irving Executive Session The Executive Session was not held. 15. 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 Sedlacek, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:38 p.m. on Tuesday, August 12, 2008. The motion carred H ALLEN CITY COUNCIL REGULAR MEETING AUGUST 12, 2008 These minutes approved on the 26" day of August, 2008. ATTEST: Shelley B. GeorgeI)RMC, CITY SEC ARY 7 I APPROVED: Step, MAYOR PACES