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Min - City Council - 2008 - 09/09 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 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 6:21 p.m. on Tuesday, September 9, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Introduction of Kurt Kizer, President of the Allen Economic Development Corporation • Preview of Oncor Electric Delivery's CitySman Program With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:58 p.m. on Tuesday, September 9, 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, September 9, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleziance Members of Boy Scout Troop 1299 lead the Pledge of Allegiance. Public Recoimition Citizens' Comments. Debbie Stout, Mayor Pro Tem Ross Oberneyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City StafB 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 6:21 p.m. on Tuesday, September 9, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Introduction of Kurt Kizer, President of the Allen Economic Development Corporation • Preview of Oncor Electric Delivery's CitySman Program With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:58 p.m. on Tuesday, September 9, 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, September 9, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleziance Members of Boy Scout Troop 1299 lead the Pledge of Allegiance. Public Recoimition Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2008 PAGE Nancy Naigel, 2616 Clublake Trail, McKinney, Texas, representing the Assistance League of Greater Collin County, provided an overview of the services her agency provides to the citizens of Collin County. 2. Presentation of a Blue Star Flag to the Family of an Allen Servicewoman Currently Deployed by the U.S. Armed Forces. • Kathy and Dennis Ford, parents of Specialist Rachel Clare Deck of the United States Army 3. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Regent Mae Shaw of the General Benedict dela Galvez Chapter of the National Daughters of the American Revolution Chapter, Proclaiming September 17-23, 2008, as "Constitution Week " 4. Kurt Kizer, President Provided the Presentation of the Allen Economic Development Corporation Annual Report. MOTION: Upon a motion made by Counctlmember Caplinger and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: S. Approve Minutes of the August 26, 2008, Regular Meeting. 6. Adopt an Ordinance Amending the Code of Ordinances Regarding the Police Department for the Purpose of 'Rest Practices' Accreditation. ORDINANCE NO. 2761-9-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR THE PURPOSE OF ACHIEVING BEST PRACTICES RECOGNITION STATUS FROM THE TEXAS POLICE CHIEF ASSOCIATION'S LAW ENFORCEMENT BEST PRACTICES RECOGNITION PROGRAM BY CODIFYING PRIOR POLICE DEPARTMENT REGULATIONS INTO THE CODE OF ORDINANCES AS DIVISION 1 OF CHAPTER 2 OF THE CODE OF ORDINANCES; BY REDESIGNATING THE POLICE RESERVE AS DIVISION 2 OF CHAPTER 2; PROVIDING A REPEALING CLAUSE; SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution to Authorize Execution of an Interlocal Agreement with Collin County for Funding of Library Services for an Amount of $34,088.28. RESOLUTION NO. 2762-9-08 (R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND COUNTY OF COLLIN, TEXAS, FOR THE FUNDING OF LIBRARY SERVICES; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2008 PAGE 3 8. Authorize the City Manager to Execute an Economic Development Agreement with Piedmont Stacy Partners, L.P. to Contribute Funds to Defray a Portion of the Cost to Bury Overhead Utilities along Stacy Road for an Amount not to Exceed $150,000. 9. Authorize the City Manager to Execute a Facilities Agreement with Blue Star Allen Land, L.P. for the Design and Construction of Portions of Watters Road and Ridgeview Drive. 10. Accept Required Certifications from Tax Assessor/Collector's Once. The motion carred. Regular Agenda 11. Adopt an Ordinance Approving the Fiscal Year 2008-2009 Budget, Amending the Fiscal Year 2007-2008 Budget, and Approving the 2009-2013 Capital Improvement Program. ORDINANCE NO. 2763-9-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2763-9-08, as previously captioned, approving the Fiscal Year 2008-2009 budget, amending the Fiscal Year 2007-2008 budget, and approving the 2009-2013 Capital Improvement Program. The motion carried. 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 ratify the increase in property tax revenues reflected in the Fiscal Year 2008-2009 budget. The motion carried. 12. Adopt an Ordinance Setting the Tax Rate of 55.6 Cents per $100 Valuation of Property for the 2008-2009 Fiscal Year. ORDINANCE NO. 27649-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX YEAR 2008 (FISCAL YEAR 2008-2009) AT A RATE OF $0.55600 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2008, TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ALLEN; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2008 PAGE 4 INTEREST, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed that property taxes be increased by the adoption of a tax rate of 55.6 cents per $100 valuation of property, and adopt Ordinance No. 2764-9-08, as previously captioned, setting that tax rale for the 2008-2009 Fiscal Year. The motion carried. Other Business 14. Items of Interest. The Council recwgnlzed Boy Scouts from Troop 1299 in attendance as a requirement for eaming their citizenship of community merit badge and a Boy Scout from Troop 79 in attendance as a requirement for earning his communications merit badge. 15. Calendar. • September 20 Allen Library Endowment Board Reception • September 29 — 7th Annual Citizens Police Academy Alumni Association Golf Tournament - Canceled • October 3 — Chamber of Commerce Golf Classic The Regular Meeting recessed at 7'41 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council reconvened into Executive Session at 7:55 p.m. on Tuesday, September 9, 2008, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: Personnel - Pursuant to Section 551 074 of the Texas Government Code Discuss Appointments to the Following: • Board of Adjustment / Building and Standards Commission • Planning and Zoning Commission • Community Development Corporation • Economic Development Corporation • Arts of Collin County Commission - The Arts of Collin County Commission appointment was not discussed in Executive Session. The Executive Session adjourned at 9:18 p.m. on Tuesday, September 9, 2008. 14. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into Regular Meeting at 9:23 p.m. on Tuesday, September 9, 2008. The following action was taken on Agenda Item 13: 13. Motion to Consider Appointments to Fill Expiring Terms and Vacancies on AB City Boards, Commissions and Corporations. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2008 Councilmember Sedlacek presented the slate of nominations as follows PAGES Animal Shelter Advisory Committee Expiration Date Place No. 2 Joey Allette September 30, 2010 Place No. 4 Bill Ameser September 30, 2010 Board of Adiustment/Buildmg & Standards Com /Sign Board Expiration Date Place No. 2 Alex Kirk September 30, 2010 Place No. 4 Frank Brown September 30, 2010 Alternate Place No. I Deborah Angell Smith September 30, 2009 Central Business District Design Review Committee Exultation Date Place No. 2 Steve Shaffer September 30, 2010 Community Development Cororation Expiration Date Place No. 2 George Chrisman September 30, 2010 Place No. 4 Lori Stitt September 30, 2010 Place No. 6 Cheryl Lawson September 30, 2010 Economic Development Corporation Expiration Date Place No. 3 Kurt Kizer September 30, 2011 Keep Allen Beautiful Expiration Date Place No. 2 Trent Armstrong September 30, 2010 Place No. 4 Jason Shepard September 30, 2010 Place No. 6 Kerry Craven September 30, 2010 Place No. 7 David Buchanan September 30, 2009 Library Board Expiration Date Place No. 1 Tanya Gould September 30, 2009 Place No. 2 Donna Drews Various September 30, 2010 Place No. 4 Geoffrey Smith September 30, 2010 Place No. 6 Mark Carpenter September 30, 2010 Parks and Recreation Board Expiration Date Place No. I Tony Airhart September 30, 2009 Place No. 2 Libby Jones September 30, 2010 Place No. 4 Todd McIntosh September 30, 2010 Place No. 6 Robert Burgess September 30, 2010 Place No. 7 Ron Alexander September 30, 2009 Planning and Zoning Commission Expiration Date Place No. 2 lames Rushing September 30, 2010 Place No. 4 Jeff Cocking September 30, 2010 Place No. 6 Robert Wendland September 30, 2010 Public Art Committee Expiration Date Place No. 2 David Baldwin September 30, 2010 Place No. 4 Jane Bennett September 30, 2010 Place No. 6 Sharon Lakes September 30, 2010 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2008 PAGE Health Officer Expiration Date Dr. John Connolly September 30, 2010 MOTION: Upon a motion by Councilmember Obermeyer and a second by Councdmember Herald, the Council voted seven (7) for and none (0) opposed that nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Allen Animal Shelter Advisory Committee, Board of Adjustment/Building and Standards Commission/Sign Control Board, Central Business District Design Review Committee, Allen Community Development Corporation Board, Allen Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, Public Art Committee, and Health Officer, respectively. The motion carried. Adioum MOTION: Upon a motion made by Councilmember Herald 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 9:25 p.m. on Tuesday, August 26, 2008. The motion carried. These minutes approved on the 23'a day of September, 2008. APPROVED: 4,�2 4:�� Stephefi Terrell, MAYOR ATTEST: 4 SZ4 Shelley B. Geo TRMC, CI SECRETARY