Council annexes and approves Overland Grove
During its regular Dec. 12, 2017 meeting, the Forney City Council met and in summary:
- The President and VP of Sharing the Love Foundation addressed the council, thanking them for allocating HOT funds for Turkey Trax, which, in spite of the rain, was a success. They will be presenting the VFW with a check for $500 from their first Veterans' 5k run. The funds from Turkey Trax goes to fund their educational fund - each Young Ambassador receives a $500 scholarship. The group presented a plaque and gift bags to council. Watch Video
- Public Comment
- Approved As consent items:
- the Public Improvements for Lot 4R Blk A of the Ridgecrest Center Addition.
- a Resolution ratifying the appointment of Robert Dobbs by the FISD to the Kaufman County Appraisal District Board.
- a site plan, and a final plat, for the Park Trails Amenity Center, located north of Ridgecrest Road and east of Longhorn Lane.
- a site plan for Victory Shops at Forney, located north of U.S. Highway 80 and west of Marketplace Boulevard.
- a final plat for Trinity Crossing Phase 2, located south of F.M. 740 and west of F.M. 460 in the City of Forney ETJ.
- a site plan for the Kroger Drive North Addition, located north of Kroger Drive and west of N. F.M. 548.
- the Public Improvements for Lot 4R Blk A of the Ridgecrest Center Addition.
- Approved an Ordinance annexing approximately 309.103 acre tract of land situated in the James S. Ramsey Survey, Abstract No. 414 generally located between FM 740 and FM 548 south of Pecan Lane.
Mr. Thatcher said city accepted voluntary petition, held public hearings, it is timely for the council to consider adopting the ordinance.
- Approved the contract with Crescent Constructors, Inc. for the construction of the new 5-million-gallon ground storage reservoir and construct improvements to Pump Station No. 2. To increase pumping capacity from 12 M.G.D. (million gallons daily) to 27 M.G.D. and authorize the Interim City Manager to execute the necessary contracts.
Ms. McCuiston said were 7 bidders, Crescent Constructors bid was 5.8 million, also lowest bidder for alternate, contingent on approval of NTMWD. Haven't received check from Highpoint Water Supply, but should be here Monday. Ms. Penn asked her to explain for public - Ms. McCuiston said Forney has a small slice of this. Mr. Myers asked if experience with contractor - Mr. Dormier said yes, they have done well.
Approved, contingent upon all parties providing funds.
- Approved the contract with J & A Coatings, LLC for construction services for the rehabilitation and repainting of the 200,000-gallon elevated water tank located on Aimee Street and authorizing the Interim City Manager to execute the necessary contract.
Ms. McCuiston said this is normal maintenance for water towers, 13 bids received in Sept, low bidder J&A, city engineer has approved the company. Budget is 500k. Mr. Moon asked what logo will be on it. Mr. Myers asked if could add the downtown Forney logo. Mayor Wilson asked if likely problems with this old tower - Mr. Dormier said been about 3 years since taken down, they will have change orders for problems found. Overflow will run to the ground. Ms. Penn expressed concern that might not be under budget after all done.
- Rejected all the proposals received for the replacement of approximately 2,100 linear feet of wooden privacy fence along College Avenue (FM 741) and all related issues.
Ms. McCuiston said on Sep 7 council approved project, low bidder but didn't notice addendum 3; city counsel suggests rejecting all bids, or accept bids w/o addendum 3. Then next lowest bid was 53k higher. After seeing the bids, staff would recommend board-on-board. If go with 2nd bidder, will need more funds. Mr. Myers asked Mr. Thatcher about legal issues; Mr. Thatcher said options are to award, or reject all bids and start over, no ethical issues. Ms. McCuiston showed the different options for design. Mr. Myers asked about pole depth: 3ft.
Staff will re-request bids.
- Approved a recommendation from the TIF Board to contract with MCall Gibson Swedlund Barfoot PLLC for audit services.
Mr. Ketteman said TIF board met Nov. 30 ??? to consider this one item. Board had requested staff to bid, they did, got 3 responses. TIF board unanimously approved Barfoot, firm recommended by Ms. Woodham.
- Approved an Economic Performance Agreement between Forney Economic Development Corporation and Forney Marketplace LLC.
Mr. Ketteman said agreement has been in the works several months,thanks Mr. Thatcher and Mr. Medford for helping with this. EDC met last night to approve this item. Mayor Wilson verified w/ Mr. Thatcher this was what had been discussed. Mr. Myers asked if there were any restrictions on buildings. Mr. Thatcher said Kroger has restrictions on what may be placed near them. They plan to have a process so the council is kept abreast of restrictions.
Mr. Ketteman said huge amount of infrastructure required, is where EDC $ goes. Mr. McGee asked about start date - Mr. Ketteman assumes in spring, developer has letters of intent. Mr. Thatcher said there are performance deadlines, one is oct 18 to be platted. Mr. Myers asked about the various deadlines, will funds be spread out. Mr. Ketteman said they reimburse the developer, the drainage has to be done up front.
- Held Public Hearings -
- Approved a replat for the Kroger Drive North Addition, Block A, Lot 1R, located north of Kroger Drive and west of N. F.M. 548.
Mr. Morgan said it is 1.3 acres, site plan was approved on consent. Replat is to provide easements, that is the only reason. Staff provided notice, got no public comments.
There was no public comment.
- Approved an Ordinance for the Planned Development zoning of 336.39 acres of land located west of Walnut Lane (S. F.M. 548) and east of S. F.M. 740.
Mr. Morgan said this was different than usual zoning request, as already have approved development agreement, so this ordinance refers directly to the agreement.It has multiple connections to Pecan, Walnut and Bois d'Arc, TxDOT says a TIA is required and the must be approved before city the final plat. P&Z voted 4-1 to deny, was displeased it was already approved, and the school site being optional. However due to previous approvals, and the site plan, staff recommends approval.
Ms. Penn asked if Pecan would still be county road. Mr. Thatcher said when
city annexes land adjacent to a county road, they must take over maintenance of the road. Ms. Penn asked about who on P&Z denied, then asked Mr. Thatcher what options were. Mr. Thatcher recommended executive session for details, but the development agreement stated it would be zoned according to the development agreement, zoning is more of a formality to allow city to amend its maps & such. Mr. Moon asked what issues P&Z had - Mr. Morgan said that it was something they were told had no choice but to approve, would have preferred school site to be guaranteed, they were made aware of advisory capacity.
Mayor Wilson requested developer input - Mr. Frank Murphy gave a presentation, he said the plat does not have the maximum number of allowed lots, they haven't maxed out the small lots, so they have exceed the agreement.Minimum 3 miles of trails, above what required. It's called Overland Grove for Forney history, will have many trees, entry from 548 will have two ponds. The amenity site minimum is 4 acres, it will be in excess of that, and will be completed before 30 homes are built. Plan to have a community garden, in Phase 1. A large pool with cabanas will be in Phase 1, which will provide $2 million in impact fees. They have dedicated water tower site to city, trying to be a welcome neighbor.
Mayor Wilson asked about school area - they have committed to work with ISD, can't do an agreement unless ISD will agree to time to build a school. Ms. Penn asked if it was too late to limit to Pecan - Mr. Murphy said previous council requested fewer connections, they have done that; there are three. Mr. Morgan said they are required for emergency access. Ms. Penn asked about limiting construction usage on Pecan - Mayor Wilson said having construction equipment on 548 is a safety issues. Mr. Murphy said they are directly across from Grayhawk entrance, that is a very busy road. Mr. Moon said beating up Pecan is better than beating up another road. Mr. Murphy said the TIA has been submitted, mentioned possible signals on 548.
There was no public input.
Mr. Morgan said overturning P&Z will require 6-0 vote.
The item was approved unanimously.
- Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance, Section 37, to add 'Heavy Machinery Sales and Storage' to the use charts in designated districts.
Mr. Morgan said ordinance does have a definition, but no districts are designated for that use. staff recommends Light Industrial, Mixed Use and commercial. P&Z approved w/ stipulation about screening, Mr. Morgan said with requiring a CUP, staff believes the ordinance covers P&Z stipulation.
This came about because Deen Implement having to rebuild on their legal non-conforming sites. Ms. Penn asked if would have authority, had concerns about sites having large equipment out, will there be large machinery on the main entry to Forney. Mr. Morgan said this would require them to submit a CUP, and allows the board to go above the minimums. - Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance, Section 37, to add 'Heavy Machinery Sales and Storage' to the use charts in designated districts.
- Did not hold an executive session.
- Adjourned at 6:51
- Held Public Hearings -
meeting_date:
Tuesday, 2017, December 12