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HomeMy WebLinkAboutMin - City Council - 1995 - 09/07 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 7, 1995 Joe Farmer, Mayor Kevin Lilly, Mayor Pro Tem David Kerr Doug Gallagher Mike Nichols Steve Terrell Jon McCarty, City Manager Judy Morrison, City Secretary BOARD RECEPTION - 6:00 P.M. Council met with and enjoyed the company of the Boards and Commission candidates in the Library Meeting Room, Two Allen Civic Plaza, Allen, Texas. DINNER AND WORKSHOP SESSION - 6:30 P.M. With a quorum of the Councdmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:47 p in on Thursday, September 7, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. (Agenda Item II) Staff has received a request for waiver for encroachment of approximately .17 feet south of McDermott and west of the railroad tracks. Council consented to Staff sending a waiver for this particular property The City of Allen received a notification of denial from the Texas Parks and Wildlife Department regarding a grant application for Allen Station land purchase. The City does plan on requesting a future grant from Texas Parks and Wildlife for the development phase of the park at which time the City of Allen feels they will be favored much more highly in the receipt of this grant I I ALLEN CITY COUNCIL WORKSHOP SESSION SEPTEMBER 7, 1995 PAGE The City of Murphy has received a petition request from property owners in Parker ETJ this past week. The City of Wylie has also been communicating with Parker ETI property owners and expect a petition in the near future. The City of Allen will be handling the annexation ordinance at their regular meeting on September 21. Discussion was held regarding a request for waiver of fees from Brookshire's and Council did not have a problem with the waiver request. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item IV, Item N, Authorize Execution of a Contract for Engineering Services Associated with the Reconstruction of FM 2170 from US 75 to Custer Road. Discussion was held regarding the process for the McDermott Road engineering contract. The contract allows for a 15% profit margin with a "not to exceed" clause. The money is available from Facility Agreement Collections. Council suggested that a completion date be added to the contract. George Conner, Public Works Director, updated the Council on stgnalization projects in the City of Allen. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m. on Thursday, September 7, 1995. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:35 p.m. on Thursday, September 7, 1995 in the Council Chambers of the Allen Municipal Annex, One Buller Circle, Allen, Texas CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilmember Kerr and seconded by Councdmember Nichols, the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the August 11, 12 & 13, 1995-1996 Budget Retreat. B. Approve Minutes of the August 15, 1995, Budget Workshop. C. Approve Minutes of the August 17, 1995, Regular Meeting. D. Approve Minutes of the August 29, 1995, Special Called Session, Public Hearing on the Budget. E. Approve Minutes of the August 29, 1995, Special Called Session, Public Hearing Regarding Property Annexation. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 3 F Approve the Certification of Excess Debt Service Collections for the Taxable Year 1995- 1996. G. Approve a Resolution Accepting the 1995 Appraisal Roll as Approved by the Collin County Appraisal Review Board. Resolution No. 1350-9-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the 1995 Appraisal Roll as Approved by the Collin County Appraisal Review Board. H Approve a Resolution Accepting the Certification of Anticipated Tax Collection Rate for the 1995-1996 Taxable Year. Resolution No. 1351-9-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas Approving Certification of Anticipated Tax Collection Rate for the City of Allen, Collin County, Texas, for the 1995-1996 Taxable Year. L Approve the Certification of Debt Service Payments and Fund Balances as of Septem- ber 30, 1995. J. Approve a Resolution Authorizing the Removal of Delinquent Taxes from the Tax Rolls on Real Property that has been Delinquent for more than 20 Years and on Personal Property that has been Delinquent for more than 10 Years Resolution No. 1352-9-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas Authorizing the Removal of Delinquent Taxes from the Tax Rolls on Real Property that has been Delinquent for more than 20 Years and on Personal Property that has been Delinquent for more than 10 Years as Required by Senate Bill 772. K. Approve 1994-1995 Audit Engagement Letter. L. Pass an Ordinance to Authorize the Mayor to Sign an Agreement to Contribute 10% of the ROW Costs for the Expansion of State Highway 5. Ordinance No. 1353-9-95: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Determining that the City of Allen Requests the Texas Department of Transportation to Obtain the Needed Rights -of -Way (ROW) for SH 5 that the City Agrees to Pay 10 % of the Cost of Such ROW and that the City will Now Pay $87,000 Toward the Cost of the ROW 1, ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 4 M. Approve Bids for Whisenant Project and Authorize City Manager to Enter into a Contract. Council authorized City Manager Jon McCarty to enter into a contract with Fox Contracting, Inc. for the installation of a water line and storm sewer on Whisenant Lane in the amount of $144,382. N. Authorize Execution of a Contract for Engineering Services Associated with the Reconstruction of FM 2170 from US 75 to Custer Road. Council authorized City Manager Jon McCarty to enter into a contract with Espey, Huston & Associates, Inc. for engineering services on McDermott West with a "not to exceed' contract amount of $787,500. O Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows: I. RAM Software $98.95 For: Communication System Upgrade 1994 Bonds Period: July 27 - August 10, 1995 2. Prettyman & Associates $4,125.00 For: Telecommunications Consulting Services General Funds Period: July 22 - August 18, 1995 3. Hunter Associates, Inc. $553.45 For: McDermott Road Alignment Study Street Assessments Period: through July 31, 1995 4 Gay & McCall, Inc. $795.00 For: ROW Condemnation for Allen/Frisco Joint Water Supply Facility Water Impact Fees Period: through July 24, 1995 5. Kimley Horn & Associates, Inc $3,314.62 For: McDermott Road Alignment Study Street Assessments Period. through July 31, 1995 6. Kimley Horn & Associates, Inc. $4,525.37 For: Exchange Parkway West Alignment Study Street Assessments Period: through July 31, 1995 I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 5 7 Cummings & Pewitt, Inc. $6,198.00 For: SH 5 Utility Relocation Existing Water/Sewer Bonds Period: through July 31, 1995 8. Gay & McCall, Inc. $30,274.94 For: Purchase of Property for Allen Heights Drive Extension 1985 Existing Street Bond Funds Period: August 29, 1995 9 Milstead Appraisal Company $2,600.00 For: Parkland Acquisition 1994 Park Bonds Period: through August 7, 1995 10. Alpha Testing, Inc. $105.00 For Recreation Building Facilities 1994 Park Bonds Period through July 3, 1995 11. Sperling Company $25,218.70 For: Hillside Theatre Completion 1994 Park Bonds Period: through August 25, 1995 12. Gay and McCall, Inc. $6,867.90 For: Cottonwood Park 1994 Park Bonds Period July 3 - August 4, 1995 13. H. L. Zumwalt Construction $167,057.50 For: Ford Park Renovations - Construction Services 1994 Park Bonds Period: through August 1, 1995 14 Alpha Testing, Inc. $171.00 For: Ford Park Renovations - Concrete/Soil Testing 1994 Park Bonds Period. through June 30, 1995 15 FOT DataCom $63,515.13 For: Voice/Data Campus Cable Plant General Funds Period: through September 1, 1995 E ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 6 16. W.O. Adams Construction $44,095.30 For: Asphalt Alley Replacement with Concrete Street Bonds Period: through June 21, 1995 The motion carried. End of Consent Aeenda Council Committee Renorts (Agenda Item V) Finance/Administration: No report Development: No report Services: Fire Station No. 3 Planning of Allen Station/Citizens' Group Recreation Center Opening Library -- Automatic Doors Sprinkler System Ordinance Mayor's: Reviewed Current Agenda Citizen's Comments (Agenda Item VI) There were no citizen's comments Accept Resignation of Councilmember and Consider Filling the Vacancy in Accordance with Section 2.04 of the City Charter (Agenda Item VII) Sharon Hamner Brazeal submitted a letter of resignation to the City Council indicating deep regret that she must submit her resignation from Place No 6 due to the fact that she will be selling her house in Allen and establishing full-time residency in Fairview She intends to continue to devote a great deal of time and effort to issues in the community and expressed pleasure of working with the Councilmembers and City Staff. ALLEN CITY COUNCIL r[r' REGULAR SESSION SEPTEMBER 7, 1995 1, PAGE 7 City Council also expressed its regret for her resignation as she has been an asset to the Allen City Council. The Council will be discussing procedures and guidelines to fill the open position for Place No. 6 during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to accept the resignation of Councilmember Hamner Brazeal effective this date, September 7, 1995. Council will consider filling the vacancy in accordance with Section 2.04 of the City Charter following Executive Session. The motion carried. Consider Naming Parks and Recreation Facilities (Agenda Item VHI) One Hundred -Acre Community Park Located Along Cottonwood Creek North of the Central Business District (Agenda Item VIII -A) Rhoda Savage, Director of Parks and Recreation, introduced Parks and Recreation Board Chairperson Lonnie Thomas who reviewed the procedures and criteria related to naming municipal facilities. Three general considerations include geographical or physical features, historical features or significance, and individuals who have made significant contributions to the community Mr. Thomas reviewed historical facts regarding the existing park site. The town site of Allen originated as a 360 -acre land grant in 1850 from the State of Texas. The town was founded by a purchasing agent of the Houston and Texas Central Railroad and named for Ebenezer Allen, a former Texas Attorney General and promoter of the Houston and Texas Central Railroad. An interurban railway through Allen was in operation from 1908-1948. The original railroad station still remains on Butler Street and has received historical designation. Therefore, the Park Board endorses the naming of the site as "Allen Station." Resolution No. 13549-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the Naming of a 109 -Acre Community Park Located on Cottonwood Creek, Which Includes 100 Acres of Land Recently Purchased by the City and an Existing Park Site, St. Mary's, "Allen Station," due to the Historical Significance of the Railroad Track Bordering and Delineating the West Park Boundary; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1354-9-95(R) as previously captioned and in accordance with Parks and Recreation recommendation The motion carried. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 Recreation Center PAGE 8 (Agenda Item VIII -B) Parks and Recreation Board Chairman Lonnie Thomas turned the floor to Mayor Pro Tem Kevin Lilly Mayor Pro Tem Lilly provided the following information on the naming of the recreation center to a crowded City Council Chambers: Tonight it is an extreme honor to be able to share with this community the dedication and background of an individual that has been a household name in Allen, Texas since April of 1977 As he has been quoted in the past, especially when talking about his accomplishments, he states "Nothing is accomplished by a single individual." As I look at the audience tonight, I see many close friends as well as family members who have been close at his side. He has always expressed sincere gratification for the support of his family, his wife, the Councilmembers that he has worked with and City Staff. It has truly been a huge benefit to this current Council to work with this individual. He has always been steady, open, ready to listen, willing to compromise. He continually reminds each of us that teamwork is what has kept the Allen machine running smoothly all these years. I know in the past as I see Don Rodenbaugh, Mickey Pierson, and Frank Dogger, former City Councilmembers and Mayors, of this great City, this important fundamental has enabled this community to move forward. He states "The most critical thing to me in terms of the active process is what 1 have a tendency to call unity of purpose." It has been this very strong belief that has put the wheels on many, many projects since 1977 Three successful bond packages, telephone extended area service, start of a full-time fire department, cooperative relationship between City, school and Chamber of commerce to support economic development. defeat of the 1989 tax rollback election brought on by the implementation of the Paramedic Program, successful 1/2 cent sales tax election for economic development, and most of all, an extreme dedication to build a quality park system. During this individual's commitment to this community, we have seen a land acquisition policy, a very definitive comp plan in 1985 and 1992, a linear greenbelt park master plan, park dedication ordinance, acquisition and development of the City cemetery, senior citizens, Ford Park, Cottonwood Bend Park, Country Meadows Park, Jupiter ballfields, Reed Park, Rolling Hills Park, Story Park, Watters Crossing Park, Bolin Park, over six miles of hike and bike trails, purchase of the 100 -acre community park -- Allen Station, and most importantly. Bethany lakes Park with the passive picnic pavilion and Allen's first recreation center. As we all sit here tonight, each and every one of us, I'm sure, knows who this individual is, but first as he might say -- "It's time to get down to the Lick -Log!" He has been employed at the Region 10 Education Service Center since 1968 He was aimed the Executive Director in July of 1984. He has been the Chairman of the Board of Directors for the Collin County United Way, recipient of the "Spirit of Allen Award" in 1993, joined the Allen City Council on April 21, 1977, was Mayor Pro Tem for ten years and became our Mayor in 1988. He was born in Tyler, Texas, attended elementary school in Edom, Texas, graduated from Van High School, attended Tyler Junior College, graduated from East Texas State with his Doctorate in 1968. He has a beautiful wife, Judy, five children and several grandchildren. This individual has dedicated a major portion of his available time to this community He has always placed an immense importance on "quality of life" in Allen, Texas -- many times putting this community ahead of his personal pleasures and family His commitment to youth is undaunting -- not only in his real job but as a coach, as a ALLEN CITY COUNCIL REGULAR SESSION a SEPTEMBER 7, 1995 PAGE 9 father and as our Mayor, his commitment has always been steadfast. His vision has become reality for this community It is only fitting tonight to refer to Resolution No. 874-9-88(R) which states "a municipal facility can be named for an individual who has made significant contributions to the community by outstanding personal service based on excellence and duration of commitment." Parks and Recreation Board Chairman Lonnie Thomas read the Resolution to the audience regarding the naming of the Recreation Center located at 1201 East Bethany Drive, the `Joe Fanner Recreation Center." Resolution No. 1355-9-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, naming the Recreation Center Located at 1201 East Bethany Drive, the "Joe Farmer Recreation Center"; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Kerr, the Council voted five (5) for and none (0) opposed with Mayor Farmer abstaining to approve Resolution No. 1355-9-95(R) as previously captioned and in accordance with Parks and Recreation Board's recommendation. The motion carried. Mayor Fanner graciously thanked everyone involved in such a great honor and expressed his appreciation to the community for having afforded him the opportunity to serve in this capacity on the Allen City Council Council took a brief recess at which time the audience enjoyed in the festivities and reception in honor of the Mayor and the naming of the Recreation Center on Bethany Drive as the `Joe Famier Recreation Center." Public Hearing on a Request by KinderCare Learning Centers, Inc. To Amend Planned Development No. 54 by Approving a Site Plan for a Day Care Center Located North of McDermott Drive and East of Alma Drive Immediately South of the Raintree Estates Subdivision and Consider an Ordinance Effecting this Change (Agenda Item DO Bill Petty, Community Development Director, indicated the request to approve the site plan for Kindercare in Planned Development No. 54 (PD No. 54) is located near the northeast corner of Alma Drive and FM 2170. An eight -foot brick screening wall will separate this facility from the residential property and exceeds the present landscape requirements. In accordance with traffic engineer studies, the deceleration lane proposed near this property would not be required until the shopping center has been developed. Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 10 "Public Hearing on a Request by KinderCare Learning Centers, Inc. to Amend Planned Development No. 54 by Approving a Site Plan for a Day Care Center Located North of McDermott Drive and Fast of Alma Drive hamediately South of the Raintree Estates Subdivision and Consider an Ordinance Effecting this Change." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Farmer closed the public hearing. Roland Forester, proponent for the KinderCare Learning Centers, indicated that construction will begin within the next four weeks. Ordnance No. 1356-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1172-5-93, Planned Development No. 54, as Previously Amended, Approving a Site Plan in Manned Development No. 54 (PD No. 54) on the following -described Tract of Land: 1.7218 Acres of Land in the Catherine Parsons Survey, Abstract No. 711, Tract 19, City of Allen, Collin County, Texas Providing for Exhibit "K" Legal Description; Providing for Exhibit "L" Site Plan; Providing for Stipulations; and Providing for a Penalty of Fine not to Exceed the Sam of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1356-9-95 as previously captioned and in accordance with Planning and Zoning recommendation. The motion carried. Public Hearing on a Request by A.C.P. to Amend Planned Development No. 13 by Approving a Site Plan for a Video Store Located on 35,405 Square Feet of Land Located at the Southeast Comer of Bethany Drive and Jupiter Road and Consider an Ordinance Effecting this Chanee (Agenda Item X) Bill Petty, Community Development Director, indicated a request to approve a site plan in Planned Development No. 13 (PD No. 13) for box office video and a pizza shop is located at the southeast comer of Jupiter Road and Bethany Drive. It is an outparcel of the Food Lion Shopping Center. All landscaping and parking G requirements have been satisfied. The landscaping will have an automatic irrigation and the dumpster will be fenced and gated. ALLEN CITY COUNCIL REGULAR SESSION �j SEPTEMBER 7, 1995 PAGE 11 Conrad Peterson, leasing agent for the proponent, reviewed the design of the store. There are presently two similar pizza/video stores in the area Mayor Farmer read the request into the record as follows: "Public Hearing on a Request by A.C.P to Amend Planned Development No. 13 by Approving a Site Plan for a Video Store Located on 35,405 Square Feet of Land Located at the Southeast Corner of Bethany Drive and Jupiter Road and Consider an Ordinance Effecting this Change." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Farmer closed the public hearing. There were questions regarding the location of the dumpster and the accessibility of BE to that area. Staff was instructed to ensure proper design for dumpster pick-up on this property Ordinance No. 1357-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1172-5-93, Planned Development No. 13, as Previously Amended, Approving a Site Plan in Planned Development No. 13 (PD No. 13) on the following -described Tract of Land: Lot 1, Block A, Food Lion Shopping Center, City of Allen, Collin County; Providing for Exhibit "P' Site Plan; Providing for a Stipulation; and Providing for a Penalty of Fine not to Exceed the Sam of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Councihnember Gallagher and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1357-9-95 as previously captioned and in accordance with Planning and Zoning recommendation The motion carried. Public Hearing on a Request by Kwik Industries, Inc. for a Spec Use Permit with Site Plan Approval to Allow an Oil and Lube Facility in the Central Business District Located at the Northwest Comer of Anua and McDermott and Consider an Ordinance Effecting this Chane (Agenda Item XI) Bill Petty, Community Development Director, indicated the request for a Specific Use Permit with site plan approval for Kwik Industries, Inc. was located on the northwest corner of Anna and McDermott. It is zoned Central Business District (CBD). Because of the close proximity to the proposed exit to the Anna and McDermott ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 12 Drive intersection and to the existing curb cut for the real estate office, City Staff asked a traffic consulting engineer to review the proposal. Both entry and exist to the property will be from Anna Drive. Discussion was held regarding the one-way drive to the west of the property Concerns included encroachment on the neighbor's property, tree removal, and the use as a mm -around for traffic. Mayor Farmer read the request into the record as follows: "Public Hearing on a Request by Kwik Industries, Inc. for a Specific Use Permit with Site Plan Approval to Allow an Oil and Lube Facility in the Central Business District Located at the Northwest Corner of Anna and McDermott and Consider an Ordinance Effecting this Change." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Hollingsworth, 4724 Knoll Road, Dallas, Texas, indicated that if Council felt the road was not needed, he would be happy to remove that and move the building slightly to the west. Mark Paxton, 281 Hampton Court, Fairview, Texas, spoke in opposition to this request indicating that the property was too small for the facility With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. It was noted that the fence around the dumpster would be brick rather than the dumpster itself. Council was informed that this property request does meet all the City of Allen's criteria providing for access/egress landscape parking and drive requirements. The actual chemical waste area is contained within the building itself. There is no product stored outside the building. At the time the plans are submitted, Staff will address any fire restrictions on the building itself. Discussion was also held regarding the "exit only" drive to the property Discussion was also held with regard to moving the building closer to the west property line : An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, m Previously Amended, Approving a Specific Use Permit and Site Plan for an OB and Lube Facility on the following -described Tract of Land: Lot 1A, Block 8, Whisenant Addition, Abstract 708, City of Allen, Collin County; Providing for Exhibit "A" Site Plan; Providing for Stipulations; and Providing for a Penalty of Fine not to Exceed the Shan of Two C Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 13 MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Gallagher to put the ordinance on the table for discussion. MOTION: Upon a motion made by Councilmember Gallagher and seconded by Mayor Pro Tem Lilly, the Council voted four (4) for and two (2) opposed with Councihnembers Kerr and Nichols casting the negative votes to make the following amendment to the ordinance: "that the driveway be eliminated and the area remain landscaped allowing for the repositioning of the building on the land by moving the building west four feet (4') so that the set -back would become ten feet (10') on the east side of the building and eight feet (8') on the west side of the building from the property lines." The motion carried MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to take the radius off the exit drive to the south of the property so that traffic entering onto Anna would enter at a 90° angle with the "exit only" sign remaining. The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to delete Item No. 14 in the ordinance which stated "The business will not operate after 10:00 P.M." The motion carried. MOTION: As previously moved, upon a motion by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted four (4) for and two (2) opposed with Councilmembers Nichols and Kerr casting the negative votes to approve Ordinance No. 1358-9-95 as previously captioned with the amendments stated above. The motion carried. Council took a brief recess. Approve a Request for ao Amended Site Plan for the FSrst Baptist Church (Agenda Item XII) Bill Petty, Community Development Director, reviewed the site plan for the First Baptist Church located at 204 East Main. The site plan request includes two premanufactured non -masonry buildings that will be utilized during the construction of the educational building. A time limit of two years is being placed on the use of these buildings. Also, an existing wood house which has served as the office since the approval of the existing site plan is being removed. Dave Powyszynski, 1525 Rivercrest Blvd., Allen, Texas, represented the First Baptist Church building plan. He reviewed the present site plan along with several alternative site plans using two or three temporary buildings. He asked the Council for flexibility in the location for both of the buildings. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 14 The issue of concern from the Planning and Zoning Commission dealt with the use of the non -masonry building in opposition to the masonry building required by a recent request. It was noted that the other request received was considered a permanent structure and therefore, masonry products to the exterior of the secondary building was required at that time MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) and none (0) opposed to amend the site plan to allow for the First Baptist Church to place no more than three non -masonry buildings on the site as presented to Council not to exceed more than two years from the time the building permit is pulled. The exact positioning of the buildings will be determined by the First Baptist Church and Staff allowing for flexibility in this positioning. The motion carried. Approve the Following Items Related to Fiscal Year 1995-1996 Budeet (Agenda Item XIII) NOTE: Councilmember Nichols excused himself from the bench. Ordinance Setting the Appropriations (Agenda Item XIII -A) Ordinance No. 1359-9-95: An Ordinance "'the City of Allen, Coffin County, Texas, Amending the Appropriations for the 1994-95 Fiscal Year Budget and Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning Octo- her 1, 1995, and Terminating September 30, 1996; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Gallagher and seconded by Mayor Pro Tem Lilly, the Council voted five (5) for and none (0) opposed to approve Ordinance No. 1359-9-95 as previously captioned The motion carried. NOTE: Councilmember Nichols returned to the bench. Ordinance Setting the Tax Rate (Agenda Item XIII -B) Ordinance No. 1360.9-95: An Ordinance of the City of Allen, Collin County, Texas Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal Year Beginning October 1, 1995, and Ending September 30, 1996; and Providing an Effective Date for this Ordinance. C MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1360-9-95 as previously captioned. The motion carried. [1 I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 15 Consider Adoption of Recreation Center Manual (Agenda Item XIV) Council was presented a "draft" for the Recreation Center manual with the understanding that it would be a "working document." Council requested further study on this manual and requested information or points of concern, issues of clarification to be noted and relayed to Rhoda Savage, Parks and Recreation Director This item will appear on a future Council agenda for action. There was no action taken on this item. The City Manager was questioned with the enforcement issue of this manual and asked whether this needs to done by resolution or ordinance. Other Business (Agenda Item XV) Calendar (Agenda Item XV -A) September 13 CANCEL Services Subcommittee Meeting September 15 3:00 p.m. Mayor's Subcommittee Meeting September 26 6:00 p.m. Joint AISD Meeting Items of Interest (Agenda Item XV -B) There were no items of interest. Executive Session (Agenda Item XVI) In accordance with The Texas Local Government Code, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 11:05 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (1) Council employee evaluations and (2) Council subcommittee organization. The Executive Session was adjourned at 1245 a.m. Reconvene (Agenda Item XV) The Allen City Council reconvened into regular session at 12:46 a in. on Friday, September S, 1995, in the Council Chambers of the Allen Municipal Annex. The Council considered items from Executive Session. Council returned to Agenda Item VII, Accept Resignation of Councilmember and Consider Filling the Vacancy in Accordance with Section 2.04 of the City Charter, to consider filling the vacancy in accordance with Section 2.04 of the City Charter. Mayor Pro Tem Lilly placed the name of David Bishop in nomination for Place No. 6 of the Allen City Council with the tens to expire May of 1996. Councilmember Gallagher moved that nominations cease. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1995 PAGE 16 MOTION: Upon a motion by Councilmember Gallagher and seconded by Councilmember Kerr, the Council voted six (6) for and none (0) opposed to cease nominations and David Bishop be appointed by acclamation to fill the unexpired vacancy of Place No. 6 of the Allen City Council. The motion carried. (Agenda Item XVII) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:50 a.m. on Friday, September 8, 1995. The motion carried. These minutes approved on the 21st day of September , 1995. APPROVED: Joe Farmer, MAYOR ATTEST: J y Mo ' on, CMC, CITY SECRETARY