Council approved free dog park, saving 1 mill, golf carts

During its regular Oct. 20, 2020 meeting, the Forney City Council met to consider modified Brookville Ph. 2, new Oak Creek, saving $1 million on bond payments, golf cart use on public roads in certain situations, heard a complaint about racism and roads. (watch official video)

• Mayor Penn presented the GFOA Budget Award.
  
• item was pulled: acceptance of COVID-19 Project federal grant.
  
• Approved as one consent item:
  • a resolution authorizing the City Manager to execute all necessary grant applications; accepting grant funds from the coronavirus relief fund; authorizing expenditure of grant funds towards covid-19.
    
  • a final plat for Ryhn Addition, located north of Don T. Cates Drive and east of North F.M. 548.
    
  • a revised site plan for the Community Development and Public Works Offices, located at 101 E. Aimee Street.
    
  • a site plan for the Public Works Storage, located south of the intersection of Kaufman Street and Mesquite Street.
    
  • a Resolution approving a Professional Services Agreement with Freese and Nichols, Inc. to provide services for the 2020 Roadway Impact Fee Study, and all related issues.

• Held Public Hearings -
  • Delayed until after executive session: an Ordinance amending the Brookville Estates Planned Development (Ordinances 1066 and 1137) by amending the development standards and concept plan for Phase 2.
        Mr. Morgan introduced item: 43.8 acres, PD originally approved in 2002 for 303 lots with average lots area 8,991 sq ft.  Phase 1 approved in 2003 148 lots averaging 8,577, so new phase should be 9,400.  But new owner has proposed changes: from SF10 to SF8, smaller lots averaging 8,500, larger homes at 1,800 min instead of 1,500, fees in lieu park land.  They have discussed a trail along the Atmos easement.  Received one opposition to public notices.  P&Z considered twice - denied first request, which had lower lot sizes.  P&Z approved this modified proposal.  Mr. Myers asked if number of lots is the same - yes, 303.  They had requested increasing to 308, but that was denied.
        There was no public input.
        Mr. Clint Richardson, representing the developer, spoke, provided a paper map to council.  Changing SF10 to SF8 is procedural, 10 doesn't exist now.  Adding 5 lots was due to removing the original parkland.  P&Z feedback led them to refine plan, kept integrated HOA land, increased home size, rear setback.  Asking for reduction in lot areas, to keep open space and the pedestrian cul-de-sac.  Trail: previous developer tried and failed to negotiate w/ Atmos, they plan to have trail along easement on ph. 1, then move it during ph. 2.  Good pedestrian access to new FISD.  HOA happy to have more members.  Mr. Johnson asked about builders - none yet, but interest is high.  City Manager Mr. Carson asked them to remove requirement about how to use park fees. 
        Mr. Traylor asked about Atmos status - no updates yet, Atmos doesn't want anything covering the line.  Mayor Penn asked about decreasing lot size - HOA areas to integrate neighborhood, such as the cul-de-sac, which could be part of a yard.  Want to avoid the hallway effect in ph 1.  Mayor Penn said would prefer more yard than open space, when approved first time (different builder) built smaller than were supposed to.  Mr. Richardson said their experience is having green space visible helps the neighborhood.  Mayor Penn asked about park land - Mr. Carson said just problem with how they specified fees.  Mr. Richardson said orig park was near the cul-de-sac.  Mayor Penn said have many devps, she's concerned about this.  Nothing exciting in this.  Mr. Richardson said only so many changes they can do, they are fixing several things with this. 
        Mr. Myers said this existing PD is being altered, he doesn't know what they could add to benefit the city.  Buyers will say if they like lot sizes if they buy.  He asked about sidewalks on widened FM 740 - Mr. Zook said it's on the thoroughfare plan.  Mr. Myers asked how long build-out would be - expect to start engineering in 3 months, 14 months to home starts.  Mayor Penn asked about the trail crossing major thoroughfare - Mr. Zook said road school is putting in will have a signal, road will be 5 lanes at some point, they would encourage crossing at signal.  Mayor Penn asked what developers plan B was; Mr. Richardson: gobble up open spaces into yards? Hadn't really considered a plan B. 
        Mr. Johnson asked when originally approved - 2001.  He said standards were different then, he preached big lots for a long time, but things are different now.  See smaller lots with bigger product, smaller lots is what's going on.  They made this area nicer with better product, that's the trade-off.  Should have had a 10 year limit on PD's.  Mayor Penn asked if getting development agreement on building materials - no.  She said this might not be better product.  The HOA is thought to not have restrictions.  City Attorney Mr. Thatcher said generally have similar products to existing development.  She asked Mr. Richardson if would agree to a development agreement - he didn't know.  Mr. Thatcher suggested discussion in executive session.
    
  • Approved an Ordinance for a Conditional Use Permit for Auto Repair (Major) to operate at 12549 Reeder Road.
        Mr. Morgan said small building to be used for Paintless Dent Repair, considered major auto repair.  Applicant has stated will not do any hazardous operations, doing so could result in rescinding of CUP.  Also no outside storage.  Could have 3 vehicles inside.  No response to public notices.
        Mr. Eric Henderson, the biz owner, spoke affirming the points Mr. Morgan made.  He's done this 22 years.  Mr. Myers asked how long takes to repair dents - 2 hours to 1.5 days.  He's the only one there.  Mr. Johnson hopes the building owner will provide a sign.
    
  • Approved an Ordinance rezoning 38.7 acres from Planned Development No. 1031 to a single-family residential Planned Development. The property is located south of S. F.M. 548 and Sycamore Trail.
        Mr. Morgan said this is across street from Trails of Chestnut Meadows Amenity center.  Was zoned in 2001, plan showed 103 lots on this property, entire PD would allow 191 lots.  Applicant requests making a new PD w/ min lot area 4,950 sq ft - smaller lot size, bigger home size.  Dog park will be constructed and dedicated, to satisfy parkland requirement.  Received one opposition to public notices, about traffic and lot size.
        Mr. Darrell Grooms said original PD had 191 lots left, proposing 117.  Original TIA was done with 103 lots on this site, TxDOT has no problems with access.  Have development agreement to address dog park and building materials.  Mr. Moon asked what the target market - $240k up, younger families or retired couples.  Forney doesn't have garden-style homes.  Mr. Johnson asked about traffic signal at Sycamore - Mr. Zook said can request it any time, once homes are in.  Mr. Grooms said single-phase development.  Mr. Myers said also looking at signal on Grayhawk & 548.  He asked about original PD - was there any park? Probably not.  Mr. Myers said getting fewer lots, plus bells and whistles.  MP asked about lots; Mr. Grooms said 191 lots left in development, only will get 117.  Mayor Penn said citizens want a dog park - Rowlett was going to get a lagoon, houses were built and got no lagoon.  Mr. Grooms said it's in development agreement.  Mr. Thatcher said is will be done before homes developed, as a public improvement.  Mayor Penn said have agreement on building materials.  Mr. Johnson said this is a product Forney doesn't have, diversification is a good thing.
    
  • Approved the land use assumptions and capital improvements plan related to the update of the water and sanitary sewer impact fees for the city of Forney and consider action to determine whether to amend the plan.
        Mr. Dormier said this is first of two Public Hearings will have - plan is 95% complete.  4 projects are carried over, 12" line along 80, antique row to get fire plugs, elevated tanks on N. side, recoupment project for pump station 2 ph 2.  new projects - connect two 12" lines near power plant.
        Sewer: new station in Mustang Creek, can remove old Grayhawk lift station.  Might partner w/ WMF on oversized line, which will start at cr212 or fm1641.  Extend sewer from bowie to Ridgecrest, extend gravity on Mustang Creek, connect to MGD lift station - part of NTXMWD project, upsize Irish ridge lift station, 8' sewer upgrade for Gateway.
        Mr. Johnson asked if will be increase in impact fees - Mr. Dormier assumes will be some.  Mr. Johnson said glad to see removing a lift station. 

• Approved all matters incident and related to the issuance and sale of "City of Forney, Texas, General Obligation Refunding Bonds, Series 2020", including the adoption of an ordinance authorizing the issuance of such bonds.
      Ms. Woodham said finance advisors suggested refinance to save $595k savings, sold bonds at a rate of 1.3% to save $1 million, almost double the savings.
  
• pulled: an Ordinance amending the budget for fiscal year 2020-2021.
  
• Approved a Resolution approving a Development Agreement between the City of Forney and Jackrabbit Fund 1, LLC.
      Mr. Thatcher said this is part of earlier zoning case, developer listened to council and public and decided to offer this dog park for all city residents.  Took the opportunity to put in building material agreements.  Fees for parks would be 180k, so will credit them that amount.  Masonry: 100% front, 80% sides, 50% rear except for homes along 548.  Mayor Penn asked if can have contest to name the dog park - Mr. Thatcher said once it's accepted as public improvement.
  
• Approved an Ordinance amending Chapter 12 of the Code of Ordinances, Traffic and Vehicles, by adding Article 12.09 containing regulations for Golf Carts, Neighborhood Electric Vehicles and Slow-Moving Vehicles.
      Mr. Thatcher said as previously discussed, current state law allows specific exceptions, council does have authority to approve use with certain requirements.  This goes further than originally discussed.  There is overlap with golf carts and slow-moving electric vehicles.  This would allow use on roads under 35 mph with safety equipment: headlight, SMV sign, licensed driver, insurance.  Mr. Cooper asked about language about packages - 90% of use in his neighborhood are joy-riders.
  
• Public Comment
  • Mr. John Daniels spoke as a representative of "Citizens of Forney" about open racism in Forney.  If anyone planning to move Forney, don't dare do it.  Any African-American or Hispanic citizen is subject to profiling after 9 PM.  He said the Mayor is a drunk and drug user.  Cracks in streets big enough to put hand in.  Junk yards over there.  Old Forney has death-trap streets and storm drains.  Have a racist mayor, he's running for mayor, encourages other minorities to run.
    
  • Ms. Chasitee Albertie - doesn't like anyone speaking for a whole community who puts out hate, need to encourage people who have be disrespected or demeaned to come forward and speak.  Just heard about projects that will improve the area.  She encourages everyone to come address the council.

• City Manager's report - he congratulated finance dept.  It's not the norm to get awards every year.  Thanks Mr. Rouvaldt about the dek hockey court.  Mr. Johnson asked about lights on buildings at night, not being on? Mr. Williamson said talking to vendors to fix that long-term, lights have gotten out of sync.  Could take a couple more months.  Mr. Moon asked about downtown volume - Mr. Carson said they did turn it down after last meeting.  Mr. Myers asked about Texas flag missing at lady liberty - Mr. Carson said is a problem w/ pulley.
  
• Council Comments - Mr. Traylor: Forney great place to call home, thanked Ms. Albertie for speaking.  Mr. Myers thanked her also, thanks finance for saving 1 mil, people play basketball during lunch break, added a new amenity: dog park.  Mr. Cooper thanked council, and Ms. Albertie.  Mr. Johnson: unfortunately, always some negativity in any city, prefer to see people articulate in a courteous manner, glad to see a new small business.  Mayor Penn been on council 10 years, long time ago discussed dog park, for developer to do that, saved a lot of money; thanks finance for saving 1 mill.  She read a prepared statement -
  

  In accordance with Section 551.042 of the Texas Government Code, the following is a statement of factual information given in response to certain inquiries that have been made during the open forum of this and other recent council meetings.
      Several assertions and statements have been made about me as the Mayor, as well as other council members and city staff.  Such statements have included allegations of improper conduct and have publicly challenged my character.  While the Constitution protects free speech from government intrusion, it does not protect false statements made with actual malice.  This includes blatantly false statements that are only made to defame me or any other council member or city employees.  The fact is that these statements and any referenced complaints, are false, baseless, without merit, complete lies and have the sole purpose of causing harm to the City of Forney. 
      The City of Forney works for the benefit of the public as a whole, rather than the unreasonable demands of a single individual.  As Mayor, I will continue to represent the interests of the city to the best of my ability and respectfully reject any claims to the contrary.

• Held a 37-minute executive session re:
  • Markout Water Supply
    
  • Madison Grayhawk
    
  • Project Liberty

• Approved Public Hearing # 1 removing conditions for park fees in lieu.  Mayor Penn said the connections are a good thing for the community,
  
• Adjourned at 2048.