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Min - City Council - 2004 - 11/09 - RegularPresent: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obenneyer Mark Pacheco Susan Bartlemay Jeff McGregor City Statt: Peter H. Vargas, City Manager Shelli Siemer, Assistant CityManager Shelley B. George, City Secretary Peter G. 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 6:31 p.m. on Tuesday, November 9, 2004, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway. Allen, Texas. Items discussed in the preceding workshop included: • Taping of the Holiday Message • Introduction of Gary Caplinger, Chair of the Planning and Zoning Commission • Other Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 710 p.m. on Tuesday, November 9, 2004. 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 7:15 p.m. on Tuesday, November 9, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Alien, Texas. Pledee ofAlleeiance Public Reemmition ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2004 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obenneyer Mark Pacheco Susan Bartlemay Jeff McGregor City Statt: Peter H. Vargas, City Manager Shelli Siemer, Assistant CityManager Shelley B. George, City Secretary Peter G. 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 6:31 p.m. on Tuesday, November 9, 2004, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway. Allen, Texas. Items discussed in the preceding workshop included: • Taping of the Holiday Message • Introduction of Gary Caplinger, Chair of the Planning and Zoning Commission • Other Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 710 p.m. on Tuesday, November 9, 2004. 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 7:15 p.m. on Tuesday, November 9, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Alien, Texas. Pledee ofAlleeiance Public Reemmition ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2004 PAGE 2 1. Citizens' Comments. George Truitt, 600 Freestone Drive, Allen, Texas, addressed Council regarding the condition of the screening between his neighborhood and Wildwood Village Apartments. 2. Gary Caplinger, Chair of the Planning and Zoning Commission, will Review the Planning and Zoning Commission's Annual Report to the City Council. Consent Agenda MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Fulk, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the consent agenda as follows: 3. Approve Minutes of the October 26, 2004, Regular Meeting. 4. Adopt an Ordinance Establishing the Maximum Permitted Basic Service Rates and the Equipment and Installation Rates that Comcast may Charge Allen Cable TV Subscribers. ORDINANCE NO. 2345-11-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING MAXIMUM PERMITTED RATES THAT COMCAST CABLE SERVICES MAY CHARGE ITS ALLEN CABLE TELEVISION SUBSCRIBERS FOR PROGRAMMING COSTS, EQUIPMENT AND INSTALLATION RELATED TO BASIC SERVICE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt a Resolution Supporting the Allen Police Department Training Unit. RESOLUTION NO. 2346-11-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE ALLEN POLICE DEPARTMENT IN ITS APPLICATION FOR TRAINING AGREEMENT WITH THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION; AND PROVIDING AN EFFECTIVE DATE. Authorize Execution of a Contract with Vertical Sports Group LLC in the Amount of $78,500 to provide Entertainment for the 2005 Allen USA Celebration. Council authorized the City Manager to execute the contract. The motion carried. Rerzular Agenda 7. Conduct a Public Hearing Regarding the Annexation of Property Located within the City of Allen's Extraterritorial Jurisdiction (ETJ) Located Generally in the 800 Block of Chaparral Road West of Cottonwood Creek ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2004 PAGE Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Beth Heffernan, 3728 Chaparral Road, Plano, Texas, requested Council table this item to allow time for staff to meet with the residents. With no one else speaking, Mayor Terrell closed the public hearing. Adopt an Ordinance Amending the Code of Ordinances, Article I, Chapter 9, Motor Vehicles and Traffic, by Amending the Regulations for the Removal, Storage, and Redemption of Property. ORDINANCE NO. 2347-11-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE I, CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, SECTION 9-13 OF THE CODE OF ORDINANCES TO AMEND THE REGULATIONS FOR THE REMOVAL AND STORAGE OF CERTAIN VEHICLES AND PROPERTY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2347-11-04, as previously captioned. The motion carried. Adopt a Resolution Establishing a Schedule of Removal and Storage Fees Related to the Wrecker Services. RESOLUTION NO. 2348-11-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING TOWING AND STORAGE FEES; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2348-11-04(R), as previously captioned. The motion carried. 10. Authorize Execution of a Contract with Don Clark d/b/a Don's Wrecker Service for Wrecker and Impound Services for the Allen Police Department. Although this was not a public hearing item, the Mayor invited those interested in speaking for or against this item to do so. Wes Woody with Woody's Towing, 1203 Lakewood Drive, Allen, Texas, requested Council consider his company for the towing contract award. Rick Chron with Signature Towing, Inc., 1204 Municipal Avenue, Plano, Texas, requested Council table consideration of this contract award. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2004 PAGE MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a three year contract with Don Clark d/b/a Don's Wrecker Service with a three year option to renew under the same contract terms and conditions for wrecker and impound services for the Allen Police Department. The motion carried. Other Business 11. Calendar. November 25 and 26 — City Facilities Closed/Thanksgiving Holiday December 3 —Holiday Tree Lighting/Allen Civic Plaza December 4 — Rudolph Run, Kiwanis Breakfast, and Craft Fair December 10 — Boards and Commissions Dinner/Hilton Garden Inn/6:30 p.m. 12. Items of Interest. Council discussed making appointments to the Arts Alliance at a future meeting. Mayor Terrell distributed evaluation forms for the City Manager to the Council. • Council congratulated the Lady Eagles Volleyball Team and Eagles Football Team for making the playoffs. • Council congratulated the Mayor on the arrival of his niece, bom November 9. Executive Session The Executive Session was not held. 13. Reconvene and Consider Action on Items Discussed during Executive Session. 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 8:35 p.m. on Tuesday, November 9, 2004. The motion carried. These minutes approved on the 23rd day of November, 2004. Evil tTa]s1 11; StepherfTerrell, MAYOR ATTEST: She ley B. Geo , TRMC, CI S� ECRETARY