HomeMy WebLinkAboutCCmin2006-06-13MINUTES OF
REGULAR CITY COUNCIL MEETING AGENDA
June 13, 2006 7:00 PM
Cafeteria, Anna High School
The City Council of the City of Anna met in Regular Session at 7;00 P.m., Tuesday,
June 13, 2006, at the Cafeteria. Anna Hlah School, located at 1201 N. Powell
Parkway (Hwy §1 to consider the following items. Please note the change in location.
1. Cali to Order.
Mayor Kenneth Pelham called the meeting to order at 7:00 p.m.
2. Roll Call and Establishment of Quorum.
Mayor Kenneth Pelham and City Council Members Lynn Mosier, Kevin
Anderson, Keith Green, John Garen, David Crim and Billy Deragon were present.
3. Pledge of Allegiance.
4. Citizen comments.
None
6. Consider/Discuss/Action on a presentation from Meals on Wheels.
Marilyn Sims, Executive Director of Collin County Committee on Ageing spoke
about the Meals on Wheels program and its presence in Anna.
Council Member Deragon made the motion to go into Executive Session at 7:13
p.m. Council Member Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
6. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council
may enter into closed session to:
a. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §651.072);
b. discuss or deliberate commercial or financial information received
from a business prospect that may be sought to locate, stay, or
expand In or near the territory of the City in connection with current
economic development negotiations or the offer of a financial or
other incentive to such a business prospect (Tec. Govt Code
§551.067);
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c. commit with legal counsel on matters in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Taxes clearly
conflicts with Chapter 551 of the Government Code. (Tex. Gov't
Code §551.071).
The council reserves the right to enter into executive session at any time
throughout this meeting under any applicable exception to the Open
Meetings Act
Council Member Deragon made the motion to go to open session at 7:34 p.m.
Council Member Crim seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
7. Public Hearing:
For council to hear public comment on Ordinance No. 85-2003 restricting
the use of bicycles along a certain dangerous portion of Farm to Market
Road 455 (W. White Street) in the City of Anna, Texas.
Mayor Pelham opened the public hearing at 7:38 p.m.
Michelle Holcomb — Spoke in opposition to the ordinance restricting the use of
bicycles along a certain dangerous porton of FM 455.
Rusty Nail - Spoke in opposition to the ordinance restricting the use of bicycles
along a certain dangerous portion of FM 455.
Robbin Stallings - Spoke in opposition to the ordinance restricting the use of
bicycles along a certain dangerous portion of FM 455
Shawn Tasman - Spoke in opposition to the ordinance restricting the use of
bicycles along a certain dangerous portion of FM 455
Connie Montgomery - Spoke in favor of the ordinance restricting the use of
bicycles along a certain dangerous portion of FM 455
Tom Walton — Mr. Walton reviewed his report of an investigation of traffic
conditions along FM 455. Mr. Walton did a traffic study at the request of the City
staff. Attached here to as Exhibit "K.
Maurice Schwanke — Mr. Schwanke is the planning consultant for the City of
Anna and stated that fime is needed to correct the dangerous portion of FM 455.
Mike Brooks - Spoke in opposition to the ordinance restricting the use of
bicycles along a certain dangerous portion of FM 455
David Rothcep - Mr. Rothcep spoke about the various road conditions for FM
455 and Hwy 5.
Mayor Pelham closed the public hearing at 8:07 p.m.
8. Consider/DiscussfAction on Ordinance No. 85-2003 or modified ordinance
restricting the use of bicycles along a certain dangerous portion of Farm to
Market Road 465 (W. White Street) in the City of Anna, Texas.
Council Member Deregon made the motion to pass the modified ordinance.
Council Member Garen seconded the motion. City Manager, Lee Lawrence
brought up Section 5 of the ordinance was part o the modification that the police
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department needed to insert an age and a fee for registration of bicycles. Council
Member Geren withdrew his second. Council Member Geren made the motion to
adopt the new ordinance and strike section 5. Council Member Green seconded
the motion. Motion passes.
AYE 6 NAY 1 (Council Member Anderson) ABSTAIN 0
Take a short recess while everyone leaves.
9. Public Hearing: (2nd)
For council to hear public comment on the annexation of property along
troth sides of S. Powell Parkway from the existing city limits southward to
CR 421 and CR 367.
Mayor Pelham opened the public hearing at 8:10 p.m. There was no public
comment. Mayor Pelham closed the public hearing at 8:13 p.m.
10. Public Hearing: (1")
For council to hear public comment on an annexation petition for Mr. M. T.
Akhavizadsh of the following tract of land: A 57.46 acre tract of land being
part of a 65.643 in the J.0 Brantley Survey, Abstract 114, located on the
east side of Hwy 5 north, south side of County Road 376 and west of
County Road 427.
Mayor Pelham opened the public hearing at 8:13 p.m. City Manager, Lee
Lawrence reviewed the location of the property and answered questions from
council members. No public comment. Mayor Pelham dosed the public hearing
at 8:15 P.M.
11. Consider/DiscusWAcdon on recommendations from the Planning and
Zoning Commission regarding the she plan for the Anna Elementary
School 92 Addition.
City Manager, Lee Lawrence stated that the site plan has been reviewed by the
City's consulting engineer, planning consultant and the Planning and Zoning
Commission and they recommend approval. Staff also recommends approval.
Council Member Crim made the motion to approve the site plan. Council Member
Garen seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
12. ConsideNDiscusWAction on recommendations regarding a preliminary plat
for Anna Ranch.
City Manager, Lee Lawrence reviewed the areas of concern and stated that staff,
and the City's planning consultant and the planning and zoning commission were
recommending to deny without prejudiced the preliminary plat for Anna Ranch
because it does not conform to the city's thoroughfare plan. Jason Stephens with
Carter Burgess and Steve Topletz with Andante Corporation went over the
preliminary plat and answered questions from council members. Council Member
Green made the motion to approve the preliminary plat. Motion dies for lack of a
06-13-06 Councr MinutesAm 3 06-1348
second. Council Member Garen made the motion to deny without prejudiced the
preliminary plat for Anna Ranch. Council Member Crim seconded the motion with
the comment that the alignment for the road needed to be adjusted so this
project could go forward. Motion passes.
AYE 6 NAY 1 (Council Member Green) ABSTAIN 0
Council Member Crim made the motion to go into executive session at 8:50 p.m.
Council Member Geren seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
Council Member Crim made the motion to return to open session at 10:23 p.m.
Councit Member Geren seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
13. Consider/Discuss/Action on a Boundary Agreement between the City of
Anna and the City of Van Alstyne.
City Manager, Lee Lawrence went over the two issues of concern and answered
questions from council members. Council Member Deragon made the motion to
approve the recommended boundary agreement. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
14. Consider/Diacuss/Action on a Ordinance Denying ATMOS Energy Corp.,
Mid -Tex Division's statement of Intent to increase the Gas Utility Rates.
City Manager, Lee Lawrence stated that staff was recommending council to
adopt the ordinance denying the increase in gas utility rates because we do not
have the resources to property evaluate and analyze the request. Council
Member Garen made the motion to deny. Council Member Deragon seconded
the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
15.Consider/Discuss/Action on a Resolution Relating to Extension 3
Modification of Settlement between TXU Electric Delivery.
City Manager, Lee Lawrence explained the first section of the agreement relating
to the extension and modification of the settlement between TXU Electric
delivery. Staffs recommendation is to approve this part of the agreement.
Council Member Crim made the motion to accept this part of the agreement.
Council Member Deragon seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
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16. Consider/Discuss/Action on an Agreement to Resolve Outstanding
Franchise Issues.
Lee Lawrence, City Manager explained the agreement to resolve franchise fee
issues. Staffs recommendation is to not approve this portion of the agreement,
the Chy will be able to renegotiate its franchise rate in June of 2008 when its
current agreement expires. Council Member Deragon made the motion to deny
this part of the agreement. Council Member Crim seconded the motion. Motion
passes.
AYE 7 NAY 0 ABSTAIN
17. Consider/Discuss/Action on CodeRED Warning System, including process
for determining qualifications for inclusion In the system.
City Manager, Lee Lawrence summarized council's comments from the last
meeting. Council Member Crim made the motion to extend the CodeRED
Warning System to include the Anna ISD boundaries. Council Member Garen
Seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
18.Consider/Discuss/Action on an Ordinance of the City of Anna, Texas,
making It Unlawful for Certain Sex Offenders to Reside within 1,000 feet of
Premises where Children Gather.
City Attorney, Clark McCoy reviewed the background of the ordinance and
answered questions from council members. Council Member Deragon spoke
briefly in support of the proposed ordinance. Council Member Deragon made the
motion to approve and modify the ordinance to include public pools and HOA
pods in the description of premises where children gather. Council Member
Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
19. Consider/Discuss/Action on an Ordinance of the City of Anna, Texas,
Defining and Regulating Fireworks; Repealing Ordinance 88-2003 Relating
to Fireworks and any Conflicting Ordinances.
City Attorney, Clark McCoy explained that this ordinance extended the ban on
fireworks to a total distance of 5,000 feet outside city limits and it has a more
extensive definition of fireworks. Council Member Crim made the motion to
approve the ordinance. Council Member Garen seconded the motion. Motion
passes.
AYE 6 NAY 1(Council Member Anderson) ABSTAIN 0
City Attorney, Clark McCoy pointed out that another version of the fireworks
ordinance included in Section 2. the code enforcement officers in enforcing the
ordinance. Council Member Crim made the motion to modify the ordinance to
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include the Code Enforcement officer in Sadiron 2. Council Member Garen
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
Council Member Crim made the motion to make the effective date for the
fireworks ordinance to be July 5, 2006. Council Member Green seconded the
motion. Motion fails.
AYE 2 (Council Members NAY 4 (Council Members ABSTAIN 0
Green and Crim) Anderson, Goren, Deragon
And Mayor Pelham)
20. Consider(DiscusslAction on the bids for City Hall Annex constriction.
City Manager, Lee Lawrence explained that the city annex, city hall and portable
buildings items needed to be thought about together. The quotes for the annex
came in higher than expected. Mayor Kenneth Pelham spoke for the Facilities
Committee stating that council has designated a place to build city hall and that
now is the time to think about building the City Hall a 30, 000 square building and
doing temporary portable buildings for staff until city hall is built. Council Member
Deragon made the motion to deny all bids. Council Member Anderson seconded
the motion. Motion passes.
AYE 6 NAY 1 (Council Member Mosier) ABSTAIN 0
21. Consider/DiscusslAction on authorizing continuing the contract with Pro
Forma Architecture, Inc and BIV Architects for a Conceptual Design of a
City Hall.
Jim Sabonts with South West Securities was present, answered questions and
explained financing the project. Melissa Brand-Vokey and Jeff D. Bulla III architects
were present and submitted a proposal to council members to do the conceptual
design for the city halt and answered questions.
Council Member Mosier left the meeting at 11:41 p.m. Council Member Anderson
stepped out just before the vote.
Council Member Crim made the motion to come back in 2 weeks with a full AIA
agreement. Council Member Deragon seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN
22. Consider/Dlscuss/Action on authorizing a portable building to temporarily
house City staff.
City Manager, Lee Lawrence asked council to table this item until we can get some
numbers and options for council to discuss. Council Member Deragon made the
motion to table this item until the next meeting. Council Member Crim seconded
the motion. Motion passes.
AYE 6 MAY 0 ABSTAIN
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23. Discuss raising building permit fees.
City Manager, Lee Lawrence will e-mail the figures and information to council
members and an action item will be on the next city council agenda.
24. Consider/Discuss/Action on ordinance prohibiting parking on State Highway
5 (Powell Parkway).
Mayor Pelham explained that TXDOT would not widen Hwy 5 for tum lanes without
prohibiting parking on Hwy 5. Council Member Deragon made the motion to
approve the ordinance. Motion failed for lack of a second. Council Member Com
made the motion to approve a modified Ordinance to have 200' either side of FM
455 (North and South) a no parking zone. Council Member Green seconded the
motion. Motion failed.
AYE 3 NAY 3 ABSTAIN
(Council Members Anderson, (Council Members Garen,
Green and Crim) Deragon and Mayor Pelham)
Council Member Anderson made the motion to table this item. Council Member
Garen seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
City Attorney, Clark McCoy panted out that council needed to return to Rem 19, the
fireworks ordinance.
25. CorrsidedDiscusslAction regarding financing options for purchase of park
land (Mann tract)
City Manager, Lee Lawrence asked Council to table this Rem. Council Member
Deragon made the motion to table this item. Council Member Green seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
26. Staff report(s):
City Manager, Lee Lawrence stated that the retreat had been set up for July 1,
2006 at the Collin County Adventure Camp. Breakfast would be served 7:00 —
7:30 a.m. and lunch will also be served. Please submit any topics fro discussion
to be placed on the agenda.
Council Member Crim asked to go back to item 19, fireworks ordinance.
27. Consider/Discuss suggestions for future agenda Items as desired by city
council members and staff.
Council Member Decagon would like to have the Distinguished Citizen
Committee back on the agenda and P & Z seat for Keith Green.
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28. CONSENT ITEMS:
These items consist of non -controversial or "housekeeping" items required
by law. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent items.
MINUTES
1. Minutes of Technology Board meeting May 15, 2006
2. Minutes of Technology Board meeting May 25, 2006
3. Minutes of the Special City Council Meeting May 16, 2006.
4. Minutes of the City Council Meeting May 23, 2DO6
5. Minutes of the Park Board Meeting May 15, 2006
FINANCIAL REPORTS
1. Payment of bills as presented on June 9, 2006.
Minutes of May 15, 2006 and May 25, 2006 for the Technology Board were
removed from the consent agenda because they had not been submitted to staff.
Council Member Green made the motion to approve the consent items. Council
Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
29. Adjourn.
Council Member Anderson made the motion to adjourn at 12:13 p.m. Council
Member Goren seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST:
Nat a Willison, City Secretary
„\\O\Illllllllllq.,.
APPROVED:
Mayor, Kenneth Pelham
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'77rr1t7 q - rm -EKA:b; f tnp4i1
/^ _G.T.(Tom) Walton. P.E. Consulting 2)yffic Engineer
3408 Riley Drive Plano, Texas 75025 Ph 972-618-8069 e-mail: mmltomw@AOL.com
10 June, 2006
Mr. Lee Lawrence
City Administrator
City of Anna
101 North Powell Parkway
Anna, Texas 75409
RE: Bike Safety Investigation on FM 455
Dear Mr. Lawrence:
Per your instruction, I have completed an investigation into the conditions along FM 455
from its intersection with SH 5 to East Fork Creek. The objective of the investigation is
to support an opinion as to the safety of the roadway for use by bicycle traffic.
�. FM 455 is a two lane undivided two-way Rural Arterial according to the North Central
Texas Council of Governments (NCTCOG) classification system. The NCTCOG has
established the capacity of such a road at 700 vehicles per lane per hour during the peak
hour of the day. That translates to 7000 vehicles per lane per day. Therefore the daily
capacity of FM 455 is 14,000 vehicles per day.
PAVEMENT:
• The pavement of FM 455 is asphalt with twol l foot wide lanes divided by a
painted yellow centerline. A solid white edge line marks the outside on the travel
lane close to the edge on the pavement.
• A paved shoulder, approximately 10 feet wide, is in place on both sides of FM
455 from its intersection with the east service road of US 75 eastward less than a
mile to the Falls subdivision. The remainder of the roadway section has no paved
shoulder. The drop off from pavement to unpaved area is often several inches and
the unpaved shoulders vary from gentle slopes to steep drops into ditches.
• There are several narrow bridges with no edge protection along the roadway.
• The pavement in the section from US 75 to SH 5 is worn but in god condition.
• West of US 75 the pavement is severely worn and cracked in many areas,
especially around curves, and generally in poor condition.
ALIGNMENT:
• The alignment of the road is straight from SH 5 to US 75. There are a number of
hills created by drainage areas along the road both east and west of US 75.
n • The roadway makes several 90 degree and reverse curves between US 75 and the
Elm Folk Creek.
Traffic conditions along the roadway were studied by conducting speed and volume
surveys at two locations between SH 5 and US 75 and two locations between US 75 and
the Elm Fork Creek. 24-hour bi-directional machine speed counts were conducted on
Tuesday May 23, 2006.
VOLUME and SPEED:
• The volume of traffic west of US75 varied from 1290 vehicles per day one mile
west to 999 vehicles per day two miles west. The median speed of traffic vaned
from an average of 57.05 MPH one mile west to an average of 51.1 MPH two
miles west.
• East of US 75 the volumes vaned from 7225 vehicles per day one mile east of 75
to 6781 vehicles per day one mile west of SHS. The median speed of traffic
varied from an average of 47.85 MPH one mile east of 75 to an average of 50.9
MPH one mile west of SH 5.
• The distribution of speed and volume data indicates that a large percentage of the
vehicular traffic counted was operating at over 50 MPH.
CONCLUSIONS:
• The above information indicates that FM 455 is a roadway on which all traffic
�. must make use of a single I 1 foot wide pavement in each direction.
• With the exception of a small section east of US 75, there is nowhere for vehicles
and especially bicycles to take refuge from the traffic stream.
• The steady flow of vehicular traffic on the roadway operates at speeds that
bicycles cannot match.
• Especially in the area east of US 75 the traffic stream is made up of a large
percentage of large construction vehicles, which occupy most of the available lane
width.
• Visibility along the road is good in the straight sections but there we hills that
restrict it in these sections. There are a number of sharp curves in the section west
of US 75 that severely limit visibility.
• The condition of the pavement in a number of locations is worn and cracked to
the point that it might pose a hazard for small bicycle tires.
Based upon the above information it is my opinion that with the exception of the section
just east of US 75, FM 455 from SH 5 to Elm Fork Creek is not a safe roadway for
bicycle traffic. In that short area there is still the hazard from high speed large vehicles
but at least bicycles can find refuge on the paved shoulders.