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Min - City Council - 2003 - 11/25 - RegularP ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G Smith, City Attorney 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 T 10 p.m. on Tuesday, November 25, 2003, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included Discussion Regarding the Proposed Resolution and Amendments to the Library Meeting Room Policy Update on Proposed Development by Blue Star Development Pled¢e of Allegiance Cub Scout Pack 359, Webelos Texas Patrol, conducted the Flag Ceremony. Public Recognition 2. Citizens' Comments. Commissioner Joe Jaynes thanked the community for its support of the County's bond program which was passed by the voters of Collin County on November 4 3. Lonnie Thomas, Chair of the Community Development Corporation (CDC), will present the CDC's Annual Report to the City Council. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2003 PAGE 2 1 4. Present Certificate -of -Appreciation to bls. Sue Berry, Outgoing Member of the Keep Allen Beautiful Board. 5. Present Certificates -of -Appointment and Oaths -of -Office to the New Members of the Animal Shelter Advisory Committee and the Keep Allen Beautiful Board. Animal Shelter Advisory Committee Expiration Date Place No. 1 Dr. Mike Overton September 30, 2005 Place No 2 Joey Allette September 30, 2004 Place No. 3 Vikki Francis September 30, 2005 Place No. 4 Bill Ameser September 30, 2004 Place No. 5 Lon Braselton September 30,'_005 Keen Allen Beautiful Expiration Date Place No. 5 Carol Hohmann September 30, 2005 Consent Agenda MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: 6. Approve Minutes of the November 11, 2003, Regular Meeting. 7. Adapt a Resolution Authorizing an Interlocal Agreement with the City of Murphy Regarding Usage of the 800 MHz Trunked Radio System Owned by the Cities of Allen, Plano, and Frisco. RESOLUTION NO. 2236-11-03(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 CITIES OF ALLEN, FRISCO, AND PLANO, TEXAS, AND THE CITY OF MURPHY, TEXAS, PROVIDING TERMS AND CONDITIONS FOR THE USE OF THE CITIES OF PLANO, ALLEN, AND FRISCO'S TRUNKED RADIO SYSTEM BY THE CITY OF MURPHY; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE 8. Adopt a Resolution Authorizing Execution of an Agreement with the State of Texas Department of Transportation to Accept the 2003-2004 Selective Traffic Enforcement Program Grant (STEP) Award of $60,980. RESOLUTION NO. 2237-11-03(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 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE ' 9. Authorize the Purchase of Fourteen Vehicles for Various Departments through the Houston - Galveston Area Council of Governments Cooperative Purchasing Program's Contractor, Philpott Motors, for an Amount not to Exceed $260,203.60. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2003 PAGE Council authorized the City Manager to purchase fourteen vehicles for various departments through the Houston -Galveston Area Council of Governments' contractor, Philpott Motors, for an amount not to exceed $260,203.60. 10. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. Regular Agenda. 11. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 5± Acres of Land to Amend Planned Development No. 3, Area No. 3, to Allow a Six -Story Hotel as an Additional Permitted Use Located North of Bethany Drive, East of Prestige Circle and West of SH 5. 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. ORDINANCE NO. 2238-11-03: 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, TO GRANT A CHANGE OF ZONING BY AMENDING AREA NO. 3 OF PLANNED DEVELOPMENT NO. 3, ORDINANCE NO, 368-10-81, BY AMENDING THE PERMITTED USES FOR 5.4675± ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B", PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councdmember Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 2238-I1-03 as previously captioned. The motion carried. 12. Adopt an Ordinance Regarding the Operation of Neighborhood Electric Vehicles and Motor Assisted Scooters on the Streets, Highways, Paths, and Alleys of the City. Although this was not a public hearing item, the Mayor invited those interested in speaking for or against this item to do so. Raymond Brookshire, 552 Hanover Drive, Allen, Texas, spoke in opposition to the item. ORDINANCE NO. 2239-11-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ALLEN, BY AMENDING CHAPTER 9 TO ADD SECTION 9-17 TO PROHIBIT THE ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2003 PAGE OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS, BY AMENDING CHAPTER 11, SECTION 18 TO AMEND SUBSECTION 4 AND ADD SUBSECTION 35 TO REGULATE THE USE OF MOTORIZED VEHICLES AND MOTOR ASSISTED SCOOTERS ON PARK PROPERTY, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500); AND PROVIDING AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2239-11-03 as previously captioned with the following amendment to add the wording "(other than motorized scooters)" after the phrase motorized vehicle The motion carried. Other Business. 13. Calendar. • November 27-28 — City Facilities Closed in Observance of the Thanksgiving Holiday • December 5 — Annual Tree Lighting with Santa/City Hall/7:00 p.m. • December 6 — Annual Rudolph Run Event/Downtown Allen/7:00 a in • December 6 — Holiday Craft Fair/Joe Farmer Recreation Center/10:00 a.m • December 6-7 —Friends of the Allen Public Library 2nd Annual Gift Faire/Allen Public Library/December 6 — 10:00 a.m. to 6:00 p.m./December 7 — 1 *00 p.m, to 5:00 p.m. • December 7 — Rotary Christmas Parade/3:00 p.m. • December 10 — Annual Board Appreciation Dinner/Hilton Garden Inn/6:30 p.m. 14. Items of Interest. Executive Session The Executive Session was not held. 15. Reconvene and Consider Action on Items Discussed during Executive Session. Adjourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:43 p in on Tuesday, November 25, 2003. The motion carried. 1 ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2003 PAGE 5 IThese minutes approved on the 9" day of December, 2003 V40081.916 Shelley B. Georg , RMC, CITY SECRETARY I E APPROVED: 4— Stephen Terrell, MAYOR