Min - 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)
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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)
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These minutes approved on the 7th day of November
1985.
Marty Hendrill CITY SECRETARY
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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
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