City Council denies rezoning appeal, OK's lighting

During its regular Aug. 21, 2018 meeting, the Forney City Council met and in preliminary summary:

  • Public Comment
  • Considered a preliminary plat for Fox Hollow Phase 2, located south of F.M. 1641 and east of Monitor Boulevard.

  • Delayed a final plat for Fox Hollow Phase 2a, located south of F.M. 1641 and east of Monitor Boulevard.

  • Approved (6-1 Wilson nay) a final plat for Lakewood Trails Phase 2, a residential subdivision located south of F.M. 741 and west of High Country Lane in the Forney ETJ.
        Mr. Morgan said average size 8700, is not in city limits, developer agreement requires min 6000 P&Z recommends approval.
  • Approved a site plan for American National Bank of Texas, located south of U.S. Highway 80 and east of Regal Drive.
        Mr. Morgan said plats were approved by council, 4850 sq ft building; revised shows 6001 sq ft bank with 5 drive throughs.

  • Held Public Hearings -

    • on the proposed budget for fiscal year 2018-2019 and take any action necessary. This budget will raise more total property taxes than last year's budget by $1,023,068 or 12.10%, and of that $540,705 is tax revenue to be raised from new property added to the tax roll this year.
      Ms. Woodham said required to hold at least one public hearing. They have made changes since the last presentation. Operating rev increase slightly, expenses - they left out a 2500 subscription. HOT funds - now showing distributions.
          Planning to build trailhouse rd behind kroger, all the way to hwy 80.
          Utility fund - got word from NTMWD they will have a 5% increase instead of 10%.
          Mr. Johnson asked about sewer fees and CWD; Ms. Woodham said contract allows 5% increase. Sewer is going up 30%, city will raise by 20%.
          There was no public input.
          Mr. Moon asked about not doing events that lost money; Ms. Woodham said more money last year was given to NPs, in this budget they can fund them.

          There was no public input.
    • 1st public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 2.49%.
      Ms. Woodham said plan to keep the same rate, required to have two public hearings, this will fund the budget. Ms. Penn expressed concern about how the item is written - Ms. Woodham said it's a legal requirement.
          There was no public input.
    • Approved (6-1 Penn nay) an Ordinance amending the City of Forney Comprehensive Zoning Ordinance to amend the requirements for fences w/ amendment for 2ft depth of metal posts..
      Mr. Morgan said this was to require metal posts. P&Z considered this, recommending this should apply to all permits for fences > 52'. Staff notes a metal post going 3 ft into ground; they recommend only requiring 2 ft to homeowner convenience (due to pole lengths available). Mr. Myers asked if it only applies to new home - no, it is for any new fence that requires a permit.
          John Carr spoke, he disagrees w/ Mr. McGee about only going 2 ft deep; all kinds of fences in Forney are leaning over. He suggests staying w/ P&Z recommendation. Mr. Morgan said this is a suggestion from their building official. Mr. McGee said he knows from experience that 12-15 ' deep is not enough, but 24 is. Mr. Moon asked if other cities are ok w/ 2ft; Mr. Morgan said most cities don' have a metal post requirement. Ms. Penn asked why the change; Mr. Morgan said council requested it. Mr. Medford mentioned the college ave fences, which required 3ft depth. Mr. McGee said it's a good policy, new homes are notororous building 5 year fences. Current ordinance doesn't rquire... Mayor Wilson said agrees w/ having a new ordinance, w/o setting a hardship for repairs. Ms. Penn asked why college had 3ft depth - Mayor Wilson said because it was a city project, should be a higher standard. Mr. Myers said fences in Windmill Farms were about 15 deep, not enough. Ms. Penn asked why staff wnet against P&Z. Mr. Morgan said it wasn't a P&Z discussion, they originally wrote the ord at 3 ft, building inspector suggested 2 ft. Mr. Morgan was unsure when the 3ft depth appeared, but now he is presenting the expertise of the building official.
          Ms. Penn moved tabling the item so the building official can be present. Motion failed for a second. Mr. Moon moved to approve w/ 2 ft.

    • Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance to amend the exterior construction standards for structures located within the light industrial zoning district.
      Mr. Morgan said EDC approached staff for this change. Primary entry must be masonry. Mr. Moon asked for a breakdown of the changes - Mr. Ketteman said the kind of copied Burleson; the cost for spec buildings is just too high to lease.This will help development. Mayor Wilson asked if were any specific projects - Mr. Worster would like to build some spec buildings on his property. Mr. McGregor mentioned the Deen Implement remodel, and Forney Fence building. Corrugated metal would not be allowed. Mayor Wilson said there is a misconecption about metal buildings now, and said large tilt-wall buildings meet the requirements but aren't attractive. Mr. Ketteman said 75% industrial want to lease. Mayor Wilson suggested looking at commercial stds also, given the small amount of LI.

    • Approved an Ordinance amending the development standards of the Villas of Mustang Place planned development, specifically regarding screening.
      Mr. Morgan said this is for 2 project, SF & MF behind Kroger. Currently requires masonry or wrought iron w/ masonry columns. At P&Z it was decided could skip wrough iron columns by adding evergreen screening. Mr. Moon asked to explain evergreen screening - Mr. Morgan said 3-6 ft high, the length of wrought iron, which has limited visibility. Mr. Johnson said P&Z spent a lot of time discussing this and did a good job coming up with this compromise.
          There was no public input.
          Taylor Stone, developer said ownership will maintained by developer and they will irrigate it.

    • Denied 6-1 (Mayor Wilson nay) an Ordinance rezoning 2.89 acres of property from AG, Agricultural to SF-15, Single-Family Residential. The property is located north of W. U.S. Highway 80 and east of Lovers Lane.
      Mr. Morgan said the request was to rezone the 2 acre to SF 15 for the entire development. There are no connections to the property, it will beinterior. Prior request was to rezone as SF8, which was denied. Next plat was withdrawn, due to high number of complaints about commercial section. P&Z voted 5-2 to deny, citing concerns about traffic and better use of land, and the comp plan which showss
          Mr. Johnson said this is frustrating, because these are the kind of homes the city needs, but it's in the wrong location. Have water and swer, but drainage issues, and lover lane isn't suitable - the street was never properly constructed. Another killer is heritage hill, where people will cut through to bowie, which is a narrow street, parts of which should be rebuilt. Re: commercial - it would have developed years ago if was going to happen. College has been voted donw twice, no 4 year collge would build there. Comp plan should revisit that.
          Mayor Wilson pointed out this is only about rezoning from AG.
          Jeff Crandall? is the engineer w/ this frustrating problem. P&Z said want big lots, here they are, ready to go. w/ all due respect to drainage and traffic, this is small change. This would allow them to move open space further into the development. They want to build a neighborhood. Mayor Wilson asked if they had any intereset in a college - no, and the property was previously owned by a private school. Mr. Myers asked if they would be rquired to improve lovers; developer is talking w/ staff. They didn't want highway access to prevent through traffic. Mr. Johnson said properly building lovers would be a multimilion project.
          Mr. Myers said he has no problem not having commercial next to the existing home.
          Ms. Pat Crenshaw said this is an entrance to Forney, the AG portion doesn't belong to them, but they mow it, it's beautiful, but not suitable for homes. Would be good for a pond. She doesn't want anything built there, if there is any way to prevent a strip mall, that would be good. 3 homes there would be crowded.
          Mr. Myers asked if the choices were SF15 or commercial - Mayor Wilson said it was either SF15 or AG.
          Ms. Penn moved to deny the change

  • Denied 3-4 ? or 2-5? the Brooklyn Village access connector.
    Mr. Medford said previously, council narrowed the options down to two, he introduced Jody Short w/ Lee eng and suggested council needs to take action tonight. They recommend extending caladium drive through the commercial parking lot. On-street parking could be considered. There are two widely different estimates, based on the cost of acquiring ROW.
        Evaluating the goals, its a 10 on connection andalternate traffic, a 5
        Mr. Henrichs? said they were designing this as a normal collector street, which is quite intrusive on the commercial development - the dry cleaner would lose it's front parking. Both options avoid utility relocation and the billboard. Mayor Wilson asked if anyone has spoken with the commercial owner - no.
        Ms. Penn asked about one of the options they dropped - it was 3.1 million. She asks about the estimate of 700k - that was construction costs alone. They have now looked at drainage and decided need to add more. Mayor Wilson said need better estimates, this is going to impact a business, he would like to hear from the property owner.
        Longhorn extension - was about 1.4 million
        John Carr spoke w/ Mr. Medford & council members, and business owners, and the developer who is willing to provide those two lots. Rio Lermat and Dry CLeaners are very much in favor of this. Most businesses went in while access road was two-way. He referenced the budget estimates. Mayor Wilson invoked the 3 minute limit, and asked Mr Carr if he was representing the property owner - Mr. Carr said he spoke to the owner. He said the estimates were using the existing paving. He mentioned a drainage pipe.
        Mr. Myers said originally didn't have much time on this item - he has spoken with business owners who are in favor of it, wonders why haven't spoken to property owners. Mayor Wilson said should consider this is a thoroughfare item, they can reconsider it, then can ask the property owner. Mr. Myers said that seems backwards. Ms. Penn moved to add it. Ms. Powers asked if it was really that hard to talk to the property owner. Mr. Medford said it was his preference, if this an option they want to reconsider, he will make the call. Mr. Myers said his issue is they'v had lee eng work on this, and really don't know if it's an option.

  • Denied a preliminary plat for Lover's Landing, located north of W. U.S. Highway 80 and east of Lovers Lane.
    Mr. Morgan said would recommend denial given the previous denial

  • Approved the 2018 Certified Tax Roll.
    Ms. Woodham said Kaufman county collects the taxes, she has verified the numbers, county requires council approval.

  • Approved a resolution awarding the bid from BRCT LLC dba Black Rock Construction for construction services for the 12-inch water lines associated with the elevated tank project and authorize the Interim City Manager to execute the necessary contract documents.
    Ms. McQuiston said this was presented May 31? Bid opening was Aug 8. They were not able to acquire easment, so this will go into txdot ROW. Mr. Johnson asked what the budgeted amount was - 800k, came in lower. He suggested future items contain that information. He has concerns with this contractor, but txdot will be inspecting this job so the contractor will have to toe the line. Mayor Wilson asked if RD qualified the bidders - someone in his office did, they have had work done by this contractor, spoke with them and said will need a top-level supervisor. Mr. Moon asked who the superintendent would be - Ms. McQuiston said they ....... Ms. Penn also agrees txdot will keep them in line, her concern is coming in 60k lower, what the change orders will be. RD said change orders have not been an issue with this bidder, and are using their normal contract. He also said they acquired some private easement, will use them where viable. Mr. Myers asked if they could adjust the pay schedule; RD said the contract retains 10% until final.

  • Approved a proposal for services related to the Downtown Lighting Project and authorize the Interim City Manager to execute all necessary contract documents.
    Ms. McQuiston said the fire marshal had the current lights turned off. Mike Duley? w/ inception said the lighting can change colors, they are cloud controlled. They look like crown molding, a long-life product.
        Mr. Johnson asked if DBA ws involved in original lights - Mr. Medford said there was an MOU, which they will revisit. Charity said original funded by city. Mr. Myers asked if all the leds were same color - each is indiviually addressed. They recommend to only go from top to awning level, to prevent ... Ms. Penn asked about maintenance - usually the only problem is GFI tripping during storms. maintenace agreement, from the installer, is usally $1/ft/year.
        Ms. McQuiston said some CIP projects came in under budget, so they can support it. Ms. Penn asked about other projects that are more necessities. Ms. McQuiston said they did consider that, there is about 900k in the funds. Ms. Woodham said the balance has gone up, and the Luminant fund can be used for liberty project. Ms. Penn said this is a want, not a need. Ms. Penn asks when the code changed, why have these light. Ms. McQuiston said this went back to 2009.

  • Approved an Ordinance amending Ordinance 17-40 transferring CIP Funds to the CIP Project for the Downtown Lighting Project.

  • Approved a Resolution approving the expenditure of FEDC sales tax dollars for a Performance Agreement between the Forney EDC and Forney ISD in regard to downtown public parking space.
    Mr. Ketteman said the FISD added fencing which freed up parking lot, they offered to help pay for that. The construction came in under what was estimated. There is a

  • Approved a Resolution approving the expenditure of FEDC sales tax dollars for an Economic Incentive and Performance Agreement between the Forney Economic Development Corporation and Nathan Simon, d/b/a Forever Faded Hair Lounge, a Texas sole proprietorship.
    Mr. Ketteman said this is a minority business
    seeking assistance, this is a total of 7,500, the previous 4,500 was a
    mistake. They have already met the hiring requirements. This is not located
    downtown, it is near the Venue 80. Ms. Penn asked for explaination of the
    agreement. Mr. Moon said he also had to commit 20k to the building. Mr.
    Myers asked if were any issues w/ the different amount; Mr. Thatcher said it references the agreement, which spells out the amount. Mayor Wilson asked if this was a standard offer for any business - yes.

  • Approved 6-1 (Wilson nay) a Resolution approving the expenditure of FEDC sales tax dollars for an Economic Incentive and Performance Agreement between the Forney Economic Development Corporation and LCG Highway 80, LLC.
    Mr. Ketteman said the board met and approved the
    agreement with LCG / Leon Capital / Raising Canes. The total is 200k, which
    breaks down to a maximum reimberusement of 100k for construction expenditures
    at 50%. The other 100k is when first bulding permit is issued. Mr. Moon said
    he likes the agreement. Mayor Wilson said they had a performance contract
    which reuired . Mr. Thatcher said that has been reduced to a warranty deed, which will not go away. The period goes to June 2019. Mayor Wilson said he asked for a standardized agreement; Mr. Ketteman said he took it to the board, who decided to handle project individually. Mayor Wilson said need to be a city that's opend for business, if don't have stds, not atrracting business that should. Mr. Moon said need flexibility? Mayor Wilson said shouldn't be picking and choosing.
        Mr. Myers said if have maxtrix for diff biz, can't compete against other cities that don't, disagrees w/ matrix. Mr. Ketteman said an example is tax abatements, a matrix is good for that.

  • Council Comments - Mr. Moon thanks for Crenshaws for coming tonight. Ms. Penn is glad FISD involved the city on first day. Mayor Wilson said Forney family at FISD was great.
  • Ms. Crenshaw related input from her grand-daughter who appreciated having many officers on patrol late at night.
  • Held a -minute executive session re:

    • Saoh Docket No. 471-17-4964. WS; PUC Docket No. 46662 -- Pet. of Plano, et al.
    • PUC Docket No. 47814 - Pet. of Talty SUD, et al.
    • Mustang Creek Lift Station
    • Highway 80/Gateway Bridge Project Closeout
    • City Attorney
    • Municipal Court Judge

  • Approved in one motion:

    • a preliminary plat for Fox Hollow Phase 2, located south of F.M. 1641 and east of Monitor Boulevard.
    • a final plat for Fox Hollow Phase 2a, located south of F.M. 1641 and east of Monitor Boulevard.

  • There was a confusing attempt to revisit the Brooklyn Village item; the motion was withdrawn after Mr. Medford indicated he understood the councils' direction.

  • Adjourned at 2308
Tuesday, 2018, August 21