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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); 09-13-M Council Nnuteadm 1 M13-06 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 08-13-06 Cound Minules.doc 2 0613-06 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 11613-06 Co ncl Minutm.dm 4 06-13-M 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 08-13-08 Cwncd Minules.doc 5 06,13-06 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 06-13-08 Council Minutw.doc 6 0&13,06 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. 0&13-06 Council Minute .dw 7 06-13-06 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 06-1306 Council Minutes.dw 8 W1308 '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.