Council considers curfew, parking restrictions

During its regular Nov. 06, 2018 meeting, the Forney City Council met and in summary:

• Mayor Pro-tem Penn presented the GFOA Achievement Award to Ms. Woodham and Ms. Wilson.
  
• Mayor Pro-tem Penn proclaimed Nov. 5 - 9 as Municipal Court week, flanked by court staff.
  
• Public Comment - Mr. George Cramer spoke about safety issue due to excess traffic coming out of Brooklyn Village. Intersection at Longhorn and Redbud is bad, need stop signs on Longhorn.
  
• Approved as one consent item:
  • a Resolution setting a holiday schedule for city council meetings.
    
  • the quarterly investment report ending 9/30/18.

• Discuss Request for Qualifications (RFQ) to seek historic preservation architect to conduct Pinson Farm Master Plan.
      Mr. Curry said is a request made to move forward by Pinson committee and park board, to do a master plan.
      Ms. Penn asked if structures had been examined - Mr. Curry said did remediation work right after purchase, having a structural engineering study done. Ms. Penn then asked what council would be asked to do; Mr. Curry spoke about options for the four buildings, might consider bringing in other historic structures. He said one of the buildings was built before civil war, might be oldest in Kaufman County.
  
• Provide an update on the Lady Liberty Statue and Flag Poles Relocation CIP Project.
      Ms. McQuiston said on Sep 4 council approved design, they sent TxDOT, who gave permission to move forward on Oct. 23. Staff plans to bring proposals to council in Jan. Expect about 60 days after award contract to completion.
  
• Discuss Brooklyn Village access connector.
      Mr. Medford said on May 1 meeting staff was given two options, council added Longhorn extension to plan. They met w/ property owner who was did not support the Caladium extension, due to planned development. Developer had reserved 2 lots for this, if want to close this, developer can move forward with those lots. Ms. Powers asked about Caladium extension; Mr. Medford said if they are moving forward with that option, those lots would be required. Mr. Johnson said going to be limited due to uncooperative property owner, they have alternatives, need to move off Caladium.
  
• Held Public Hearings -
  • 1st Public Hearing regarding the annexation of an approximate 29.224 acre tract of land owned by Pacific & Pinson, situated in the J. Lopez Survey, Abstract No. 286, Kaufman County, Texas, Kaufman CAD Property ID 9187, located on the north side of FM 740 adjacent to current city limits.
        Mr. Thatcher said this is first of two hearings, and as council is not taking action, can stay in public hearing. Property is currently undeveloped and AG use, can offer non-development agreement. it was not accepted by the owner.
        Mr. Cramer asks if there is a state law against forced annexation; Mr. Thatcher said Forney is a home-rule city that maintains the authority to conduct involuntary annexations.
        There was no public input.
    
  • 1st Public Hearing regarding the annexation of an approximate 48.717 acre tract of land owned by Helen M. Whaley, situated in the A. Hyer Survey, Abstract No. 203, Kaufman County, Texas, Kaufman CAD Property ID 7810, located on FM 741 near High Country Lane.
        Mr. Thatcher said same applies to this property. The owner did not respond to development agreement.
        There was no public input.
    
  • 1st Public Hearing regarding the annexation of an approximate 51.431 acre tract of land owned by Whaley Investments, Ltd., situated in the A. Hyer Survey, Abstract No. 203, Kaufman County, Texas, Kaufman CAD Property ID 7865, located on FM 741 near High Country Lane.
        Mr. Thatcher said same to this property, is adjacent to last property discussed. Also AG status, no response to development agreement.
        There was no public input.

• Vision 2025 -- Goals/Initiatives - nothing was discussed.
  
• Approved a Resolution approving an Interlocal Agreement with The Interlocal Purchasing System (TIPS) and directing the City Manager to utilize a bid for roofing services and execute all necessary agreements.
      Mr. Carson said this would allow bidding for repair of significant leak in city hall. Mr. Johnson asked if another service had been consulted - Mr. Carson said building official looked at it, decided this is most efficient option. Mr. Thatcher said this is cooperative purchasing entity, this will allow them to be a member (at no charge), & authorize City Manager to solicit a bid.
  
• Approved (for 6 months)(3-1 Myers no) an Ordinance establishing a juvenile curfew ordinance during overnight hours (12 - 6 AM).
      Chief Sherwin stated they are proposing midnight to 6 AM curfew, government code requires reviewing ordinance every 3 years. Ms. Powers asks about number of breakins for cars - Chief Sherwin said it drops a little when school starts, this would be effective for stopping young kids by looking at them. Mr. Myers doesn't like curfews, many breakins are caused by people from outside the area, maybe not in the curfew age range. If we had problems w/ graffiti or gangs, might need it, but this will cause more issues. He said officers can contact anyone walking now, age wouldn't have much impact on that.
      Ms. Penn said parents want curfew, which is why she asked Chief Sherwin to look at it. Mr. Myers said it sounds good, but after talking to officers, seems most of it is from people outside the city. Ms. Penn asked Chief Sherwin if they have statistics on out of area suspects - no. Mr. Johnson is in favor of it. Ms. Powers is unsure, doesn't like being able to stop someone just because of they way they look. Ms. Powers asked about other cities reconsidering curfews - Chief Sherwin said has never heard of a city revoking a curfew once implemented. When they built the ordinance, they included every defense from other cities successful ordinances, to guarantee peoples rights.
      Mr. Carson asked if could do 1 year trial - Mr. Thatcher said any ordinance can be reviewed and rescinded, could bring it back in 6 months. Mr. Myers asked how many officers are on patrol at night - 4-5. He asked about procedure stopping a juvenile, how much time it would take. Chief Sherwin said it could take resources, but worth it so they can contact parents. All encounters are videotaped. Mr. Myers still has concerns about stopping people at 3 am. Chief Sherwin said adults are not required to respond to an officer on a reasonable suspicion stop. Ms. Penn said to Mr. Myers: you obviously don't have teenagers, this is a safety issue; could try it and see. She brought it to council because people wanted to have it. Mr. Myers said he believes its not the actual issue...
      move to approve for 6 months Mr. Johnson, Ms. Penn for Ms. Powers asked Chief Sherwin to communicate to churches and community Ms. Powers for, Mr. Myers against.
  
• Approved lowering sanitary sewer services along Aimee Street for $94,000.
      Ms. McQuiston said in 2005 Aimee & Buffalo had flooding, council authorized increasing ditch capacity. During that work 9 sewer services were exposed, and not lowered.
      Mr. Dormier show pictures of the area; they looked at steel encasement vs lowering pipes. $45k vs $94k, lowering involves cutting into the street. They recommend lowering. Ms. McQuiston said a funding source was available. Mr. Johnson asked if wasn't done right 13 years ago, staff should make sure things like this don't happen. When take funds from balance, like to see what impact is on utility fund. He also said don't need issues that will bring TCEQ & EPA here. Mr. Myers agreed, should meet what require developers to do. Ms. Penn asked Mr. Dormier if was here 13 years ago - yes, he didn't know this was done.
  
• Approved an Ordinance for temporary parking restrictions in the downtown area.
      Mr. Carson said this is common in cities, local businesses were in favor of trying 4 hr limit, except for 2 slots w/ 15 min limit: in front of city hall, and bakery. Request this be a trial. Mr. Myers asked if was to prevent employee parking - Mr. Carson said yes. Mr. Myers asked about employees parking 4 hrs, going home, then back for 4 hrs. Mr. Carson said once people understand the intent, probably be successful. Kendall Milton asked about enforcement - Mr. Carson said Chief Sherwin says they have resources, enforcement will be progressive.
  
• Approved establishing a CIP project to construct a sidewalk along F.M. 548 in front of Fox Hollow, Phase 4.
      Mr. Morgan said was previously mentioned part of sidewalk was missing, went back to plans and none was shown on plans approved in 2006. This would establish a CIP project to construct sidewalk from Rogers Parkway to the end of phase 4, for $57k. Mr. Johnson asked if Mr. Jim Bell was approached, it should be developer responsibility. Mr. Morgan said they did, Mr. Bell declined to take part.
  
• Approved an Ordinance amending the FY 2018-19 Budget to transfer $57,000 from the CIP Fund balance to the Fox Hollow sidewalk construction project.
  
• Approved a Resolution approving a Development Agreement between the City of Forney and Greater Land Resources, L.P. for the provision of certain park development and maintenance services within the Park Trails subdivision.
      Mr. Morgan said this is N. of Deerfield Heights, W. of Diamond Creek. In 2013 plat was approved w/ 2.7 acres parkland, next to amenity center. Staff asked developer to provide irrigation. Developer proposed using park fees, about $50k which they would owe for next phase, to use for upgrading the land. It is very usable land, could be part of trail, staff believes developer would spend more than 50k. The agreement would require developer to construct a hike & bike trail, install irrigation systems, install sod grass, and provide mowing until Dec. 2019. This will satisfy all their parkland requirements, park board was in favor of this.
  
• Approved a Resolution accepting a dedication of park land from Meadow Ridge Farms, LP, for an approximate 67.44 acres of land and authorizing the City Manager to execute a Special Warranty Deed on behalf of the City.
      Mr. Thatcher said during the Feb. joint meeting, staff was directed to assure developer could use the 50 acres they planned to buy from FEDC. The developer wants to move forward w/ 50 acres + additional 17. Normally park dedication done on plat, but developer has provided escrow and want to provide more land to cover a lot of residential development. Developer requests language in the deed, as they are providing more than required for current development, they will be allowed to 'bank' this extra, and be under the prior ordinance. Mr. Myers said this would help with a project they will be meeting about later. Ms. Penn verified they will be grandfathered under the older ordinance. Mr. Thatcher said it is a special exception to allow full conveyance to be under the prior version. Ms. Powers asked if they would be asking for special considerations in future; Mr. Thatcher said this is just for park land. Mr. Johnson asked Mr. Curry how he felt - Mr. Curry said the plan have shifted a lot over the years, and requested to see the exhibit map - he said it is close to what architect working on, they can work with it.

• Rejected the bid proposal received for the improvements to the Weaver Lift Station and all related issues.
      Ms. McQuiston said only 1 bid received, which exceeded the $270k budget by $126k, recommend to not accept the bid. Mr. Johnson said due to booming economy, and this being a small project, might need to resubmit bid, if the facility will remain usable.
  
• Approved establishing a CIP project for the improvements to the Weaver Lift Station and authorize Staff to rebid this project for proposals.
      Ms. McQuiston stated they need to move the project from operating budget to CIP, and will re-advertise.
  
• Approved a recommendation from the Forney EDC Board for a two month HOT Funds time extension for the FDBA mural project.
      Ms. Woodham said money has been spent on preparation. A fire at the Nail Salon delayed the project; the unspent money was returned, now they request the funds be reallocated.
  
• Approved a Resolution appointing Ms. Penn as a member to the initial 9-1-1 Board.
      Mr. Carson said if council wishes to appoint a member, it must be done at this meeting.
  
• City Manager's report -
  
• Council Comments -
  
• Held a 93-minute executive session re:
  
  
  • Highway 80/Gateway Bridge Project Closeout
    
  • SOAH Docket No. 473-17-4964.WS; PUC Docket No. 46662 -- Pet. of Plano, et al.
    
  • PUC Docket No. 47814 -- Pet. of Talty SUD, et al.
    
  • Growth Management Plan/Annexation

• Approved directing staff to fund the Hwy 80 Gateway Bridge project closeout w/ TxDOT and add the expenditure to the project and finance plan of the TIRZ-1.