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Home My WebLink AboutMin - City Council - 1985 - 10/14 - Special CalledALLEN CITY COUNCIL CALLED - SPECIAL SESSION OCTOBER 14, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members: Jim McClure Rex Womack Jim Wolfe Jim Pendleton Absent: Joe Farmer, Mayor Pro Tem Gary Koch City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary A. Don Crowder, City Attorney Bill Petty, Director of Community Development Guests: Conrad Callicoatte, consulting engineer with Graham Associates, Inc. Jim Collar, Evaluation Associates The called - special session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:00 p.m. on Monday, October 14, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Executive Session In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(e) and 2(f), the Allen City Council convened into executive session at 7:03 p.m. on Monday, October 14, 1985, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, in order to discuss matters pertaining to real estate negotiations and legal consultation with the city attorney. The Executive Session was adjourned at 7:30 p.m. At 7:38 p.m., the Allen City Council reconvened into regular session in the Council Chambers. Public Hearing on construction Improvements to F.M. 2170 (McDermott Drive), F.M. 2170 (Allen Drive) and P.M. 2170 (Main Street) as to the Amount to be Assessed Against Each Abutting Property and Owner Thereof, and to All Persons Interested in Said Matter, and As to the Benefits to Said Property By Reason of the Improvements or Any Other Matter or Thing in Connection Therewith on the Above Subject Streets. (Agenda Item III) , iL7 ALLEN CITY COUNCIL OCTOBER 19, 1985 Page 2 Public Hearing on Construction Improvements to E.M. 2170 - MCDermott Drive, Allen Drive, Main Street (continued) (Agenda Item III) Mayor Rodenbaugh announced that the purpose of this hearing is to receive testimony from persons on behalf of the City of Allen and on behalf of all persons owning or claiming any property / or any interest in property abutting F.M. 2170 between Anna Drive and Dogwood Drive as to any and all matters concerning the assess- ments proposed to be levied against the property and its owners. All is more fully described in ordinances adopted by the City Council, notices published in the Allen American on September 21st, September 28th, and October 5, 1985, and mailed to all abutting property owners on September 30, 1985. Mayor Rodenbaugh advised that during this hearing, abutting property owners and persons interested in any property may appear and testify in person and/or through their attorney and/or other agents. Mayor Rodenbaugh stated that all testimony received in this hearing will be received under oath. If each person intending to testify at this hearing will now stand and raise his or her right hand, the City Secretary will administer the oath. At this time, City Secretary Marty Hendrix asked the individuals to raise their right hands and she administered the following oath: "Each of you do solemnly swear or affirm that the testimony you shall present in this pro- ceeding shall be the truth and nothing but the truth, so help you God." Mayor Rodenbaugh then announced that at this time he would ask Mr. Crowder, City Attorney, to assume responsibility for conducting this public hearing in an effort to allow the City Council to fully evaluate all testimony at this public hearing. City Attorney Don Crowder advised again of the purpose of the meeting and advised of the format for conducting the meeting. He stated that the city staff would provide testimony, then the public would be allowed to speak, the city staff would then be allowed to provide rebuttal, and then the public would be allowed to offer their rebuttal. Mr. Crowder also stated that any questions of the City Council should be directed to him and he would have the appropriate person answer the question. (The direct testimony received at this public hearing may be found on the tape recording made of this meeting and to be made a permanent part of this record.) The following individuals gave testimony on behalf of the City of Allen: Bill Petty, Director of Community Development , City of Allen Don Crowder, City Attorney, City of Allen Conrad Callicoatte, Graham Associates, city's consulting engineer James W. Cullar, Jr., Evaluation Associates, an independent appraiser ALLEN CITY COUNCIL OCTOBER 14, 1985 Public Hearing on Construction Improvements to F.M. 2170 - MCDermott Drive, Allen Drive, Main Street (continued) Page 3 (Agenda Item III) The following individuals/property owners spoke before the City Council: Dorothy Stacy Wood, 5 Cumberland Place, Richardson, Texas, representing her family the Veda Stacy Trust. Tom Layton, 1415 Meanderia, Fairview, Texas, representing the First Baptist Church of Allen, Texas. B. J. Spaugh, P. O. Box 345, Allen, Texas. At 8:25 p.m., in accordance with Article 6252-17, V.A.T.C.S., (Open Meetings Law), Sections 2(e) and 2(f), the Allen City Council convened into Executive Session in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to discuss matters pertaining to real estate negotiations and consultation with the city attorney. At 9:29 p.m., the Allen City Council reconvened into the regular called - special session. Mayor Rodenbaugh asked the City Council if they had any comments or questions at this time. Mayor Rodenbaugh also asked if the Council would like to see the slide presentation that Mr. Cullar had brought showing other compariable street enhancements in other cities for comparison with what the city plans to do on F.M. 2170. There were no comments or questions from the Council and no one wish to see the slide presentation. Ordinance No. 646-10-85: An Ordinance of t e City of Allen, Texas, Closing a Public Hearing Given to the Real and True Owners of Property Abutting on Portions of F.M. 2170 Containing Portions of McDermott Drive from a Point 221 Feet West of Allen Drive to Allen Drive; Along Allen Drive to Main Street; Along Main Street to 83 Feet West of Dog- wood Street; Within the City Limits of the City of Allen, Collin County, Texas, as More Particularly Described Herein, Such Hearing to Receive Evidence as to the Special Benefits in Enhanced Value to Accrue to Said Property, and the Real and True Owners Thereof, by Virtue of the Improvement of Said Street, and as to Any Errors to Invalidities or Irregularities in any of the Proceedings or Contract Therefor; Overruling and Denying All Protests and Objections Offered Except as Provided Herein; Finding and Determining That Certain Parcels of Property Abutting Upon the Said Street, and the Real and True Owners Thereof, Will be Specially (Agenda Item IV) a akF These minutes approved on the 7th day of November 1985. Marty Hendrill CITY SECRETARY a4< ALLEN CITY COUNCIL OCTOBER 14, 1985 Page 4 Ordinance No. 646-10-85 (continued): (Agenda Item IV) Benefited in Enhanced Value in Excess of the Amount of the Assessment Aqainst the Said Property, and the Real and True Owners Thereof; Levying Assess- ments for the Payment of a Portion of the Cost of the Proposed Improvements to the Said Street; Fixing a Charge and Lien Against Said Properties, and the Real and True Owners Thereof; Pro- viding for The Issuance of Assignable Certificates Upon the Completion and Acceptance of the Work; Providing for the Manner, Time and Method of Payment, and the Method of Collection of the Assessments and Certificates; Providing That This Ordinance Shall Become Effective Immediately Upon Its Passage; Amending Prior Ordinances of the City to Conform Herewith; and Providing a Severability Clause. MOTION: A motion was made by Councilman Wolfe and seconded by Councilman McClure to adopt Ordinance No. 646-10-85, which officially closes the public hearing and levies assessments in the amounts described in Exhibit "B" against all abutting property owners receiving enhance- ment through the construction of this street project, and including an audio tape recording of this public hearing which will serve as the official transcript of all testimony given at this public hearing. The Council voted five (5) for and none (0) opposed in favor of the motion. The motion carried. Items of Interest to the Council (Agenda Item V) City Manager Jon McCarty advised the Council that every year the Council is requested to make nominations to the Collin County Central Appraisal District Board. Mr. McCarty advised that the city staff is recommending that the Council consider re-electing Donnie Higgins and Anthony Greer to the Appraisal District Board. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Wolfe, the Council voted 5 - 0 to nominate Donnie Higgins and Anthony Greer for re- election to the Collin County Central Appraisal District Board. The motion carried. Adjournment (Agenda Item VI) MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman McClure, the Council voted 5 - 0 to adjourn the called - special session of the Allen City Council at 9:34 p.m. The motion carried. These minutes approved on the 7th day of November 1985. Marty Hendrill CITY SECRETARY a4<