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Min - City Council - 1995 - 08/29 - Public Hearing (2)Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem (absent) David Ken (absent) Doug Gallagher Mike Nichols Steve Terrell Sharon Hamner Brazeal City Staff: Jon McCarty, City Manager Connie Schofield, Secretary to City Secretary Charlotte Smith, Finance Director Call to Order and Announce a Ouorum is Present (Agenda Item I) With a quorum of the Councilmembers present, the Special Called Session of the Allen City Council was called to order by Mayor Farmer at 7:09 p.m. on Tuesday, August 31, 1995, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Public Hearing on the Budget as Required by Section 4.04 of the Allen City Charter (Agenda Item I1) City Manager Jon McCarty reviewed changes made to the proposed 1995-96 Budget. Mayor Farmer read the request into the record as follows: "Public Hearing on the Budget as Required by Article 4.04 of the Allen City Charter." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the budget to do so at this time. I With no one speaking either for or against the request, Mayor Farmer closed the public hearing. ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING ON THE BUDGET AUGUST 29, 1995 7:00 P.M. Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem (absent) David Ken (absent) Doug Gallagher Mike Nichols Steve Terrell Sharon Hamner Brazeal City Staff: Jon McCarty, City Manager Connie Schofield, Secretary to City Secretary Charlotte Smith, Finance Director Call to Order and Announce a Ouorum is Present (Agenda Item I) With a quorum of the Councilmembers present, the Special Called Session of the Allen City Council was called to order by Mayor Farmer at 7:09 p.m. on Tuesday, August 31, 1995, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Public Hearing on the Budget as Required by Section 4.04 of the Allen City Charter (Agenda Item I1) City Manager Jon McCarty reviewed changes made to the proposed 1995-96 Budget. Mayor Farmer read the request into the record as follows: "Public Hearing on the Budget as Required by Article 4.04 of the Allen City Charter." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the budget to do so at this time. I With no one speaking either for or against the request, Mayor Farmer closed the public hearing. A I PAGE (Agenda Item III) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted five (5) for and none (0) opposed to adjourn the Special Called Session of the Allen City Council at 7:28 p.m., on Tuesday, August 29, 1995. The motion carried. These minutes approved on the 7th day of September, 1995. ATTEST: Ju 'Mor on, CMC, City Secretary APPROVED: %� � 3oe Farmer, MAYOR ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING/BUDGET AUGUST 29, 1995 Adeourm A I PAGE (Agenda Item III) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted five (5) for and none (0) opposed to adjourn the Special Called Session of the Allen City Council at 7:28 p.m., on Tuesday, August 29, 1995. The motion carried. These minutes approved on the 7th day of September, 1995. ATTEST: Ju 'Mor on, CMC, City Secretary APPROVED: %� � 3oe Farmer, MAYOR Joe Farmer, Mayor Kevin Lilly, Mayor Pro Tem (arrived at 7.44 p.m ) David Kerr (arrived at 9:10 p.m.) Doug Gallagher Mike Nichols Steve Terrell Sharon Hamner Brazeal city S!>Aff: Jon McCarty, City Manager Connie Schofield, Secretary to City Secretary Call to Order and Announce a O uo .ri is Present (Agenda Item 1) With a quorum of the Councilmembers present, the Special Called Session of the Allen City Council was called to order by Mayor Farmer at 7:34 p in. on Tuesday, August 29, 1995, in the Council Chambers of the Allen Municipal Amex, One Butler Circle, Allen, Texas. Mayor Farmer explained that Councilmember Kerr would not be present through most of the special called session due to a death in his family and Mayor Pro Tem Lilly should be arriving around 7'45 p m. this evening. Public Hearing on the Proposed Annexation of Approximately 477.245 Acres Located Generally East of Allen Heights Drive and South of Bethany Drive (Agenda Item 11) City Manager Jon McCarty reviewed the annexation map for the City of Allen. He explained that during the last legislative session, House Bill 2758 amending the state annexation code was approved by the legislature. The Bill allows, under certain circumstances, land in the extra -territorial jurisdiction (ETJ) of one city to be annexed by an adjoining city Mr. McCarty further explained that the City of Allen had received an Annexation Petition on August 10, 1995 from three (3) property owners currently within the ETJ of the City of Parker to be annexed into the City of Allen under provisions of HB 2758 Mr McCarty stated that any annexation is ultimately at the discretion of the City Council. Council is acknowledging receipt of the three (3) petitions and the first step for Council regarding any annexation is to set public hearing dates. A public hearing was authorized to be held i at 1:00 p.m. earlier today conducted by City Staff -- Director of Community Development Bill Petry and the second public hearing is scheduled for 7'30 p.m. tonight. This is standard City of Allen practice regarding annexations. ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING ON PROPERTY ANNEXATION AUGUST 29, 1995 . 7:30 P.M. MUNICIPAL ANNEX ONE BUTLER CIRCLE Joe Farmer, Mayor Kevin Lilly, Mayor Pro Tem (arrived at 7.44 p.m ) David Kerr (arrived at 9:10 p.m.) Doug Gallagher Mike Nichols Steve Terrell Sharon Hamner Brazeal city S!>Aff: Jon McCarty, City Manager Connie Schofield, Secretary to City Secretary Call to Order and Announce a O uo .ri is Present (Agenda Item 1) With a quorum of the Councilmembers present, the Special Called Session of the Allen City Council was called to order by Mayor Farmer at 7:34 p in. on Tuesday, August 29, 1995, in the Council Chambers of the Allen Municipal Amex, One Butler Circle, Allen, Texas. Mayor Farmer explained that Councilmember Kerr would not be present through most of the special called session due to a death in his family and Mayor Pro Tem Lilly should be arriving around 7'45 p m. this evening. Public Hearing on the Proposed Annexation of Approximately 477.245 Acres Located Generally East of Allen Heights Drive and South of Bethany Drive (Agenda Item 11) City Manager Jon McCarty reviewed the annexation map for the City of Allen. He explained that during the last legislative session, House Bill 2758 amending the state annexation code was approved by the legislature. The Bill allows, under certain circumstances, land in the extra -territorial jurisdiction (ETJ) of one city to be annexed by an adjoining city Mr. McCarty further explained that the City of Allen had received an Annexation Petition on August 10, 1995 from three (3) property owners currently within the ETJ of the City of Parker to be annexed into the City of Allen under provisions of HB 2758 Mr McCarty stated that any annexation is ultimately at the discretion of the City Council. Council is acknowledging receipt of the three (3) petitions and the first step for Council regarding any annexation is to set public hearing dates. A public hearing was authorized to be held i at 1:00 p.m. earlier today conducted by City Staff -- Director of Community Development Bill Petry and the second public hearing is scheduled for 7'30 p.m. tonight. This is standard City of Allen practice regarding annexations. ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING/PROPERTY ANNEXATION AUGUST 29, 1995 PAGE 2 Mayor Farmer explained to the audience that the Council was in receipt of the minutes from the 1:00 p.m. public hearing and that the meeting had also been audio recorded. Council also had for review a copy of the boundary Ire agreement and judgment between the two municipalities of Allen and Parker. Mayor Farmer stated that the annexation petition would possibly be considered for final issue at the September 21, 1995 regular council meeting. Tonight was a public hearing where interested individuals could speak either "for" or "against" the requested item. No action would be taken tonight. Mayor Farmer read the request into the record as follows - "Public Hearing on the Proposed Annexation of Approximately 477.245 Acres Located Generally East of Allen Heights Drive and South of Bethany Drive." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Jack Albritton, Mayor of the City of Parker, 5110 Old Gate Lane, Parker, Texas, stated that the City of Parker recognizes the 1971 boundary agreement between the municipalities of Parker and Allen which both mayors of the cities and a district court judge signed. The City of Parker would like the City of Allen to also recognize and respect this agreement. Mr. Albritton hopes the City of Allen will not disregard the contract as this sends a "negative" signal to their "next-door neighbor." Mr. Albritton stated that some of the Bolin property is now in the City of Parker and that request was made by the property owner after the City was incorporated. Mr. Albritton assured the audience that fire, police and municipal water services were provided to all areas of Parker. The residents of Parker have and want to keep the same type of country life-style in and out of the Parker city limits. Mr. Albritton gave the analogy that "if the City of Allen were in jeopardy of their boundary being taken over by a larger city, then the City of Allen would be taking whatever steps possible to keep this from happening." The City of Parker is going to do the same. The City of Parker strongly opposes the annexation by the City of Allen. Will Allen be able to handle services to the 250-300 homeowners that would be affected by the annexation of approximately 500 acres? What about the addition of approximately 1,000+ students that would be required to attend Allen Independent School District schools? Mr. Albritton also attended the 1 00 p in. public hearing. Mr. Bill Wade, 4710 E. Parker Road, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Mr. Wade also attended the 1:00 p.m. public hearing. Mr. Leonard Stanislaw, 4403 Sycamore Lane, Parker, Texas, stated that he felt the annexation would be detrimental to Allen and Parker. The annexation would create unnecessary expenses with legal fees, create friction for both cities and any benefits gained by the City of Allen would be offset by ill -will created. Mr Stanislaw also attended the 1:00 p.m, public hearing. Mr. Kenneth Bolin, Rt. ql Box 332, Allen, Texas, spoke before the Council in support of the annexation stating that he feels the City of Allen would provide better services to the property owners and to please consider the annexation as soon as possible. Mr. Bolin stated that his family is not planning on selling the property at the present time. His family has owned this property since 1947 Mr. Bolin also attended the 1.00 p.m. public hearing. PAGE Mr. Bruce Raeside, 4706 Pecan Orchard Drive, Parker, Texas, stated that he was opposed to the annexation. He and other residents of Parker want to protect the rural atmosphere. He felt the services offered by the City of Parker are very commendable. Mr. Raeside also attended the 1:00 p.m. public hearing. Mr. Dick Saunders, 4201 Countryside Drive, Parker, Texas, spoke before the Council expressing his opposition to the annexation. Mr. Saunders expressed concern regarding the boundary agreement between Parker and Allen. Why would Allen not honor the agreement that was signed in 1971? Most Parker residents are united in keeping a "country atmosphere" in their area. Mr. Saunders also wanted to know the City of Allen's reason for taking a large parcel of land from another city and quickly annexing it into their own city? This creates animosity and is not ethical. Mr. Saunders also attended the 1:00 p.m. public hearing. Mr. Larry McMenamy, 4306 Donna Lane, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Ms. Carolyn Albritton, 5110 Old Gate Lane, Parker, Texas, did not wish to speak at the public hearing but did want to record her opposition to the annexation. Ms. Betty McMenamy, 4306 Donna Lane, Parker, Texas, did not wish to speak at the public hearing but did want to record her opposition to the annexation. Mr. Benny Bolin, 5508 Bolin Road, Allen, Texas, spoke in favor of the annexation due to the lack of quality services available in Parker. There is no sewer service and the water service is substandard. Mr Bolin praised the quick response time to the Allen Police Department when they have needed assistance over the last few years. He highly recommended the Parker volunteer fire department and stated that he was proud to be a "member" of the organization. However, due to the winding roads to his property, it would take the fire department an average of 10 minutes to get to his property where as the two Allen fire stations are an average of 4 minutes away and the new Fire Station No. 3 when built will be less than a minute away from his home. He agreed that taxes do need to be paid to provide for services -- his family does not have a qualm about this issue. They want the opportunity to have better services provided. Mr. Bolin stated that the City of Parker had annexed Bolin property into the city limits without the Bolin family's consent. Mr. Bolin also attended the 1:00 p.m. public hearing. Ms. Sue Donahue, 4412 Dillehay, Parker, Texas, spoke in favor of the annexation. She was very supportive of the volunteer fire personnel of Parker but very disgruntled with the lack of services and lack of concern by the City of Parker to some property owners. She stated that two -acre lots are not farming communities. Mr. George Taylor, 4412 Dillehay, property owner of 48 -acres, Parker, Texas, stated that he was in favor of the annexation. At the present time, Mr Taylor's property does not have water and/or sewer services from the City of Parker and was told that the fire department and police department cannot service his area. Mr. Taylor also attended the 1:00 p.m. public hearing. Mr. Danny Newton, 810 Pebblebrook, Allen, Texas, wanted to know how the 1:00 p.m. public hearing could have been held without a quorum of the Council being present. ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING/PROPERTY ANNEXATION AUGUST 29, 1995 PAGE Mr. Bruce Raeside, 4706 Pecan Orchard Drive, Parker, Texas, stated that he was opposed to the annexation. He and other residents of Parker want to protect the rural atmosphere. He felt the services offered by the City of Parker are very commendable. Mr. Raeside also attended the 1:00 p.m. public hearing. Mr. Dick Saunders, 4201 Countryside Drive, Parker, Texas, spoke before the Council expressing his opposition to the annexation. Mr. Saunders expressed concern regarding the boundary agreement between Parker and Allen. Why would Allen not honor the agreement that was signed in 1971? Most Parker residents are united in keeping a "country atmosphere" in their area. Mr. Saunders also wanted to know the City of Allen's reason for taking a large parcel of land from another city and quickly annexing it into their own city? This creates animosity and is not ethical. Mr. Saunders also attended the 1:00 p.m. public hearing. Mr. Larry McMenamy, 4306 Donna Lane, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Ms. Carolyn Albritton, 5110 Old Gate Lane, Parker, Texas, did not wish to speak at the public hearing but did want to record her opposition to the annexation. Ms. Betty McMenamy, 4306 Donna Lane, Parker, Texas, did not wish to speak at the public hearing but did want to record her opposition to the annexation. Mr. Benny Bolin, 5508 Bolin Road, Allen, Texas, spoke in favor of the annexation due to the lack of quality services available in Parker. There is no sewer service and the water service is substandard. Mr Bolin praised the quick response time to the Allen Police Department when they have needed assistance over the last few years. He highly recommended the Parker volunteer fire department and stated that he was proud to be a "member" of the organization. However, due to the winding roads to his property, it would take the fire department an average of 10 minutes to get to his property where as the two Allen fire stations are an average of 4 minutes away and the new Fire Station No. 3 when built will be less than a minute away from his home. He agreed that taxes do need to be paid to provide for services -- his family does not have a qualm about this issue. They want the opportunity to have better services provided. Mr. Bolin stated that the City of Parker had annexed Bolin property into the city limits without the Bolin family's consent. Mr. Bolin also attended the 1:00 p.m. public hearing. Ms. Sue Donahue, 4412 Dillehay, Parker, Texas, spoke in favor of the annexation. She was very supportive of the volunteer fire personnel of Parker but very disgruntled with the lack of services and lack of concern by the City of Parker to some property owners. She stated that two -acre lots are not farming communities. Mr. George Taylor, 4412 Dillehay, property owner of 48 -acres, Parker, Texas, stated that he was in favor of the annexation. At the present time, Mr Taylor's property does not have water and/or sewer services from the City of Parker and was told that the fire department and police department cannot service his area. Mr. Taylor also attended the 1:00 p.m. public hearing. Mr. Danny Newton, 810 Pebblebrook, Allen, Texas, wanted to know how the 1:00 p.m. public hearing could have been held without a quorum of the Council being present. PAGE 4 Mayor Farmer responded that the policy of having two (2) public hearings m one (1) day is standard practice for the City of Allen. Council authorizes the City Staff to conduct the afternoon public hearing. Council feels that this provides a greater opportunity to allow people to express their concerns. Mr. Robert Dawes, Councilmember with the City of Parker, 4308 Sycamore Lane, Parker, Texas, expressed his opposition to this request. He asked the City of Allen to exercise good will, to continue good principles and do not pursue the annexation. Ms. Barbara Edmonson, P.O. Box 861797, Plano, Texas, expressed her support of the annexation. She was very disgruntled over the poor quality and lack of services provided by the City of Parker. Ms. Edmondson wanted to know where Parker's "offer of assistance" has been over the last 25 years? Through her research, Ms. Edmonson had discovered that the City of Parker had quietly "taken" in a section of land from another community through an incorrect annexation. Ms Fdmonson stated that a case involving the City of Murphy against the City of Parker will appear before the Supreme Court next week to discuss an unauthorized annexation of Murphy's Extra -territorial Jurisdiction (ETT. Ms. Edmonson distributed information to the Council regarding litigation of Joe R. Duncan and Barbara Edmonson vs. City of Parker, Notice of Application for a Certificate of Convenience (CCN) and a letter from John Rapier, City Attorney for the City of Parker as documentation against the City of Parker for refusal of water rights to Ms. Edmonson. Ms. Edmonson also attended the 1:00 p.m. public hearing. Mr James W Carson, 2604 Dublin Road, Plano, Texas, stated that he was in favor of the annexation due to the increasing amount of restrictions "to limit, to prohibit and to deny" water services to ETJ residents. Mr. Carson also attended the 1:00 p.m. public hearing. Mr. Leonard Eisertnein, 1510 Evergreen Drive, Allen, Texas, stated that he was opposed to the annexation. Mr Eisenstein could not understand how the City of Allen could or would consider extending the medical, police and fire services when the police and fire departments are already short-handed. He felt that this annexation was being "rushed into." Have the cities of Parker and Allen stopped to think how much this process will cost both cities? Mr. Eisenstein also attended the 1,00 p.m. public hearing. Mr. John Nicholson, attorney with Geary, Porter & Donovan, One Bent Tree Tower, 16475 Dallas Parkway, Suite 550, Dallas, Texas, spoke as a representative for the three (3) property owners that requested the petition for annexation. Mr. Nicholson stated that this annexation petition was not about honoring an agreement -- it deals with the property owners' right to petition to an adjacent city to receive the services they want. This annexation would give the City of Allen the opportunity to complete the thoroughfare Chaparral Road and for these property owners to obtain the services they want. Mr. Robert Montgomery, Councilmember for the City of Parker, 4111 Pecan Orchard Drive, Parker, Texas, expressed his opposition to the annexation. He noted that Mr. Nicholson's point regarding Chaparral Road would address the abundance of traffic Allen now faces. He stated that the property owners and the cities should work together to achieve the same thing. The cost incurred by both cities and the loss of goodwill will be far more expensive than working on a "compromise." If the property owners would annex into the City of Parker, then the City of Parker could provide the services that they are requesting. By annexing into the City of Parker, the tax base would be raised and the services could be provided. Mr. Montgomery asked that the two (2) cities work together to consider other alternatives to keep both cities in a good relationship. Mr. Montgomery also attended the 1:00 p.m. public hearing. ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING/PROPERTY ANNEXATION AUGUST 29, 1995 PAGE 4 Mayor Farmer responded that the policy of having two (2) public hearings m one (1) day is standard practice for the City of Allen. Council authorizes the City Staff to conduct the afternoon public hearing. Council feels that this provides a greater opportunity to allow people to express their concerns. Mr. Robert Dawes, Councilmember with the City of Parker, 4308 Sycamore Lane, Parker, Texas, expressed his opposition to this request. He asked the City of Allen to exercise good will, to continue good principles and do not pursue the annexation. Ms. Barbara Edmonson, P.O. Box 861797, Plano, Texas, expressed her support of the annexation. She was very disgruntled over the poor quality and lack of services provided by the City of Parker. Ms. Edmondson wanted to know where Parker's "offer of assistance" has been over the last 25 years? Through her research, Ms. Edmonson had discovered that the City of Parker had quietly "taken" in a section of land from another community through an incorrect annexation. Ms Fdmonson stated that a case involving the City of Murphy against the City of Parker will appear before the Supreme Court next week to discuss an unauthorized annexation of Murphy's Extra -territorial Jurisdiction (ETT. Ms. Edmonson distributed information to the Council regarding litigation of Joe R. Duncan and Barbara Edmonson vs. City of Parker, Notice of Application for a Certificate of Convenience (CCN) and a letter from John Rapier, City Attorney for the City of Parker as documentation against the City of Parker for refusal of water rights to Ms. Edmonson. Ms. Edmonson also attended the 1:00 p.m. public hearing. Mr James W Carson, 2604 Dublin Road, Plano, Texas, stated that he was in favor of the annexation due to the increasing amount of restrictions "to limit, to prohibit and to deny" water services to ETJ residents. Mr. Carson also attended the 1:00 p.m. public hearing. Mr. Leonard Eisertnein, 1510 Evergreen Drive, Allen, Texas, stated that he was opposed to the annexation. Mr Eisenstein could not understand how the City of Allen could or would consider extending the medical, police and fire services when the police and fire departments are already short-handed. He felt that this annexation was being "rushed into." Have the cities of Parker and Allen stopped to think how much this process will cost both cities? Mr. Eisenstein also attended the 1,00 p.m. public hearing. Mr. John Nicholson, attorney with Geary, Porter & Donovan, One Bent Tree Tower, 16475 Dallas Parkway, Suite 550, Dallas, Texas, spoke as a representative for the three (3) property owners that requested the petition for annexation. Mr. Nicholson stated that this annexation petition was not about honoring an agreement -- it deals with the property owners' right to petition to an adjacent city to receive the services they want. This annexation would give the City of Allen the opportunity to complete the thoroughfare Chaparral Road and for these property owners to obtain the services they want. Mr. Robert Montgomery, Councilmember for the City of Parker, 4111 Pecan Orchard Drive, Parker, Texas, expressed his opposition to the annexation. He noted that Mr. Nicholson's point regarding Chaparral Road would address the abundance of traffic Allen now faces. He stated that the property owners and the cities should work together to achieve the same thing. The cost incurred by both cities and the loss of goodwill will be far more expensive than working on a "compromise." If the property owners would annex into the City of Parker, then the City of Parker could provide the services that they are requesting. By annexing into the City of Parker, the tax base would be raised and the services could be provided. Mr. Montgomery asked that the two (2) cities work together to consider other alternatives to keep both cities in a good relationship. Mr. Montgomery also attended the 1:00 p.m. public hearing. PAGE 5 Mr. Jerry Tartaglino, 4103 Pecan Orchard, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Mr. Joe Lozano, 4112 Pecan Orchard Drive, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Mr Mark Carley, 5502 Bolin Road, Allen, Texas, did not wish to speak at the public hearing but did want to record his support of the annexation. Mr. Hal Camp, Councilmember of the City of Parker, 3565 Woodcreek Circle, Parker, Texas, questioned the legality of holding two (2) public hearings to one day and so quickly after the legislation passed regarding annexation (HB 2758). Mr. Camp is opposed to the annexation and hopes the Council will reconsider the request. Mayor Farmer assured Mr. Camp that this procedure was legal and standard practice for the City of Allen. Mr. Manford Calendar, 1532 Evergreen Drive, Allen, Texas, was opposed to this annexation and felt that this would be detrimental to the City of Allen. How much will this annexation cost the citizens of Allen? With no one else speaking either for or against the request, Mayor Fanner closed the public hearing Councilmember Hamner Brazeal and Mayor Pro Tem Lilly said they resented suggestions made at the August 17 regular Council meeting that Allen was many way corrupt for listening to the petition of the landowners. Mayor Farmer agreed with the Councihnembers. Mayor Farmer also stated that the reason for public hearings is to allow people to comment without applying restrictions — regardless of the issue. Mayor Farmer stated that the City of Allen has demonstrated that they are "good neighbors" and will remain so. He resented the statements that were implying otherwise. Mayor Farmer stated that the City of Allen is not a "land -grabber" and that the City nor the Council initiated the annexation petition in question. Mayor Farmer did compliment Councilmember Robert Montgomery of Parker concerning Mr. Montgomery's insight to the request -- to address the cities' boundaries at a council -to -council meeting to work together to do what is best for both cities. Mr. Jerry Tanaglmo, 4103 Pecan Orchard, Parker, Texas, asked to comment to the Council. He said that he did not mean to accuse the Council of being corrupt. He feels that if the Council approves this annexation, then the Council and City of Allen will be part of a corrupt decision. Mr. Tartaglino sincerely apologized if he offended anyone but he strongly feels that the way the law became law was corrupt. Mayor Farmer clarified the statement with Mr. Benny Bolin that the City of Parker had annexed some of the Bolin property into the City of Parker without the consent of the Bolin family Councilmember Hamner Brazeal asked what would be the future of the proposed extension of Chaparral Road extending to FM 2551 without the annexation. The response was that the road would not be built. ALLEN CITY COUNCIL SPECIAL CALLED SESSION PUBLIC HEARING/PROPERTY ANNEXATION AUGUST 29, 1995 PAGE 5 Mr. Jerry Tartaglino, 4103 Pecan Orchard, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Mr. Joe Lozano, 4112 Pecan Orchard Drive, Parker, Texas, did not wish to speak at the public hearing but did want to record his opposition to the annexation. Mr Mark Carley, 5502 Bolin Road, Allen, Texas, did not wish to speak at the public hearing but did want to record his support of the annexation. Mr. Hal Camp, Councilmember of the City of Parker, 3565 Woodcreek Circle, Parker, Texas, questioned the legality of holding two (2) public hearings to one day and so quickly after the legislation passed regarding annexation (HB 2758). Mr. Camp is opposed to the annexation and hopes the Council will reconsider the request. Mayor Farmer assured Mr. Camp that this procedure was legal and standard practice for the City of Allen. Mr. Manford Calendar, 1532 Evergreen Drive, Allen, Texas, was opposed to this annexation and felt that this would be detrimental to the City of Allen. How much will this annexation cost the citizens of Allen? With no one else speaking either for or against the request, Mayor Fanner closed the public hearing Councilmember Hamner Brazeal and Mayor Pro Tem Lilly said they resented suggestions made at the August 17 regular Council meeting that Allen was many way corrupt for listening to the petition of the landowners. Mayor Farmer agreed with the Councihnembers. Mayor Farmer also stated that the reason for public hearings is to allow people to comment without applying restrictions — regardless of the issue. Mayor Farmer stated that the City of Allen has demonstrated that they are "good neighbors" and will remain so. He resented the statements that were implying otherwise. Mayor Farmer stated that the City of Allen is not a "land -grabber" and that the City nor the Council initiated the annexation petition in question. Mayor Farmer did compliment Councilmember Robert Montgomery of Parker concerning Mr. Montgomery's insight to the request -- to address the cities' boundaries at a council -to -council meeting to work together to do what is best for both cities. Mr. Jerry Tanaglmo, 4103 Pecan Orchard, Parker, Texas, asked to comment to the Council. He said that he did not mean to accuse the Council of being corrupt. He feels that if the Council approves this annexation, then the Council and City of Allen will be part of a corrupt decision. Mr. Tartaglino sincerely apologized if he offended anyone but he strongly feels that the way the law became law was corrupt. Mayor Farmer clarified the statement with Mr. Benny Bolin that the City of Parker had annexed some of the Bolin property into the City of Parker without the consent of the Bolin family Councilmember Hamner Brazeal asked what would be the future of the proposed extension of Chaparral Road extending to FM 2551 without the annexation. The response was that the road would not be built. PAGE 6 The Allen City Council agreed that there are many issues to review and consider with this request. Once again, the Mayor told the audience that an ordinance regarding this issue would be considered no earlier than September 18, 1995 due to the legal time frame concerning the annexations. NOTE: Councilmember Kerr arrived at the Council meeting at 9:10 p.m. Executive session (Agenda Item III) 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 9:15 p.m, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Council organization and appointments. There was no action taken on items discussed during Executive Session. The Executive Session was adjourned at 11.17 p.m. The Allen City Council reconvened into regular session at 11.18 p.m. on Tuesday, August 29, 1995, in fir# the Council Chambers of the Allen Municipal Annex. Adjourn (Agenda Item IV) The Special Called Session was adjourned at 11 19 p.m, on Tuesday, August 29, 1995. These minutes approved on the 211L day of ,September , 1995. APPROVED: ce Farmer, MAYOR ATTEST: E, Juo MorrL46n, CMC, CITY SECRETARY ALLEN CITY COUNCIL SPECIAL, CALLED SESSION PUBLIC HEARING/PROPERTY ANNEXATION AUGUST 29, 1995 PAGE 6 The Allen City Council agreed that there are many issues to review and consider with this request. Once again, the Mayor told the audience that an ordinance regarding this issue would be considered no earlier than September 18, 1995 due to the legal time frame concerning the annexations. NOTE: Councilmember Kerr arrived at the Council meeting at 9:10 p.m. Executive session (Agenda Item III) 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 9:15 p.m, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Council organization and appointments. There was no action taken on items discussed during Executive Session. The Executive Session was adjourned at 11.17 p.m. The Allen City Council reconvened into regular session at 11.18 p.m. on Tuesday, August 29, 1995, in fir# the Council Chambers of the Allen Municipal Annex. Adjourn (Agenda Item IV) The Special Called Session was adjourned at 11 19 p.m, on Tuesday, August 29, 1995. These minutes approved on the 211L day of ,September , 1995. APPROVED: ce Farmer, MAYOR ATTEST: E, Juo MorrL46n, CMC, CITY SECRETARY