Forney, Texas Area Bits-o-News

NOTE: all acreages listed are approximate, and may be rounded off to nearest acre.
Dollar amounts may be rounded off to the nearest thousand or million.

This information is not in any way official, it is presented here for your convenience.

• 2006-12-22 FISD
  • After a special two-hour morning executive session, the board approved directing the Board President to take action as discussed in executive session regarding the possible separation of ties with the contract (related to the Superintendent).
• 2006-12-19 City Council
  • Approved as consent items:
    • City council workshop minutes December 5, 2006.
    • City council minutes December 5, 2006.
    • Final plat Diamond Creek, phase 3.
    • Final plat-Animal Medical Center addition, lot 1 block 1.
    • Preliminary plat-Forney Professional Center, lot 1, block a (Fox Hollow PD).
    • Site plan, Forney Professional Center (Fox Hollow PD).
  • First public hearing to consider the annexation for 13.2256 acre tract of land situated in the A. Hyer Survey, abstract NO. 203 in Kaufman County, TEXAS. (Leonard). No one from the public spoke.
  • Approved an amendment to the contract for professional services with Schrickel, Rollins and Associates, Inc. (SRA) dated November 21, 2006 for additional topographic survey, base mapping and geotechnical services related to the development of the police and courts facility located on an adjacent parcel and authorize the City Manager to execute said amendment.
        This will consolidate the work being done for the park and the police and court buildings, as the properties are adjacent, thereby saving some money.
  • Approved contract for professional services with Brinkley Sergeant Architects for the design and engineering of a police and courts facility (justice center) to be located on approximately 8.2 acres on FM548 between the railroad tracks and FM741 and authorize the City Manager execute said contract.
        This is the same firm used to perform the needs assessment.
  • Recognition of Double Trouble Soccer Team for placing at the State level!
  • Recess for 30 minutes, until 8:00 PM.
  • City Manager -
    • Two contracts have now been approved for the items approved in the November bond election, and negotiations are underway with Pate Engineering for the third items (roads).
    • Pinson Rd. now has all 4 lanes open, but a couple of TXU utility poles need to be relocated.
    • Re: homes needing to be condemned - one home has been demolished, without the city having to go through legal proceedings. Nine other homes are on the list.
    • On Dec. 9 Mr. Patterson officially retired from the military, and as the city had to endure his deployment on several occasions, he nominated the city council for a patriotic employer award, which was granted and he presented it to the council.
  • Second public hearing to consider the annexation for 13.2256 acre tract of land situated in the A. Hyer Survey, abstract NO. 203 in Kaufman County, TEXAS. (Leonard).
• 2006-12-07 P & Z
  • Approved, as consent items:
    • Final Plat, Diamond Creek, Phase 3. City Planner Nilssen said this property was 114 lots (one for the HOA), plus a 21.8 acre lot on the west side which will be dedicated to the city, where 19 lots were removed from the original plat, partly due to the cost of having to build a bridge to the area. About 8 acres of this should be usable park land. Mr. Gent asked if the city would have to provide a bridge, if needed, after the land was dedicated - yes.
    • Final Plat-Animal Medical Center Addition, Lot 1, Block 1. Issues related to fire hydrants and protection have been resolved.
    • Preliminary Plat-Forney Professional Center, Lot 1, Block A (Fox Hollow PD). This area has base zoning of Commercial. Staff recommends stipulations for cross-access and fire lane easements.
    • Site Plan, Forney Professional Center (Fox Hollow PD) -the plan indicates two medical office buildings, one 8,000 sq. ft. and the other 6,251 sq. ft. with 91 parking spaces.
  • Ms. Nilssen then briefed the committee on things to consider regarding high-density residential areas, pointing out what areas were best suited to this use. She believes many of the older residential PDs will be coming back to be re-invented soon.
        There was some discussion about the transition areas of S. Bois D'arc (having a mix of new, old and rental homes) and Pinson Rd.
• 2006-12-05 City Council
  • Presentation of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2005, by Mike Conway, CPA, who stated the city had net assets of $27.9 million, and total assets of $37 million, which he considered to be very healthy. He also stated revenues were up, with an excess revenue of $4.7 million. Mr. Parker said he was amazed the audit could be completed, considering the issues noted in the Management Letter, and asked if those issued had been addressed. Mr. Conway said he was sure the next audit would be better. Mr. Parker also inquired why the depreciated amount went down, which is the opposite one would expect - was the record keeping adequate? The answer was that several assets were near their end-of-life. Re: the next audit, assets would be a focus, and attention would be paid to bank reconciliations, which should be done on a timely basis. Mayor Grooms thanked the staff for their hard work, pointing out it was a hectic year with personnel changes and software and policy changes.
  • First public hearing to consider the annexation petition from Eastside Church of Christ, Inc. for 10.99 acre tract of land situated in the A. Hyer Survey, Abstract no. 203 in Kaufman County, Texas. Mr. Patterson pointed out this is a voluntary annexation request. No one from the public spoke.
  • Authorized the city manager to enter into revocable license agreements for the use of rightsofway that are not actively used for vehicular traffic but otherwise may be used for utility infrastructure.
  • Approved annexation of Ken and Lori Leonard for 13.2256 acre tract of land situated in the A. Hyer Survey, Abstract no. 203 in Kaufman County, Texas. Mr. Patterson said this was the beginning of the process, and the property is adjacent to the Eastside Church property.
  • Approved calling public hearings for 7:00 and 8:00 p.m., December 19, 2006, on annexation of the Ken & Lori Leonard for 13.2256 acre tract in the A. Hyer Survey, Abstract no. 203, Kaufman County, Texas.
  • Approved directing staff to give notice of potential annexation to property owners and others as required by law.
  • Approved directing staff to prepare annexation service plan for 13.2256 acres and have plan available at first public hearing.
  • Approved ordinance no. 1202 amending the city's building codes by adopting the 2003 international codes series and amendments. Assistant City Manager Brooks their were two items to consider: updating the code, and improving the process. He introduced David Jackson from Bureau Veritas who stated one of their goals was to make the process more friendly for the public and the builders, and they were able to make it better for staff as well. They have combined the several permits currently needed for a project to a single permit and streamlined the process for builders to submit their data.
  • Approved adoption of ordinance no. 1203 amending ordinance no. 1194 concerning building inspection fees.
  • Approved payment to North Texas Municipal Water District (NTMWD) in the amount of $44,466.50 for participation in the construction of a portion of Kaufman Street.
  • Approved an interlocal agreement and release by and between the City of Forney and the North Texas Municipal Water District related to the transfer of funds in the amount of $277,565.00 to the City of Forney for the repaving of streets along Buffalo, Chestnut and Kaufman streets that were disturbed as a result of the installation of water line and authorizing the Mayor to execute the agreement. Normally, the NTMWD would have had to repair streets they impacted as soon as the work was finished, but in this situation, the City was following behind the NTMWD construction doing sewer and drainage work, therefore NTMWD escrowed the funds. Mr. Parker asked how we knew the amount was sufficient for the work to be done - Mr. Patterson replied the bids had been reviewed by the city engineer, and by the NTMWD board. Ms. Powers asked about the streets damaged by the heavy equipment running through the area - Mr. Patterson said at the next meeting would be a proposal to reallocate funds from the Main St. project for use in the Eastside area.
  • Second public hearing to consider the annexation petition from Eastside Church of Christ, Inc. for 10.99 acre tract of land situated in the A. Hyer Survey, Abstract no. 203 in Kaufman County, Texas. There was no public input.
  • City Manager -
    • The signals at FM548 and FM1641 are now flashing, and should be operating tomorrow, but without the preemption device for the railroad crossing. TxDOT has submitted all required information to the UP RailRoad, which may take another 6 months to install the device. Normally, TxDOT won't allow a signal to work without the preemption device, but they brought in a team of analysts who devised a schedule that should work
    • Pinson Rd project is still on schedule, and the last lane should be open mid-month.
    • They have met with Pate Engineering for options on either private funding or a Max-price project bid for the road work, but it might take 3 months to get an answer.
    • Downtown sewer line projects have been completed, and are already seeing a noticeable difference with fewer stoppages.
    • He was out of town for Military duty over the weekend, so wasn't able to attend the Hometown Christmas, but thanked the staff for helping to make it a success.
    • Mr. Parker asked why the city had reindeer out instead of the Manger decorations. Mr. Patterson said the Manger set was in bad shape, but a private benefactor is providing a new one, which should arrive soon.
    • Mr. Hatley asked about getting lighting at the Eastbound exit ramp for FM548, as it is quite dark there.
    Council Communications
    • Mr. Rozell thanked staff and the Forney Hometown Christmas committee, and said the Lion's Club had 80 entries on their angel tree at the start of the event, and all 80 had been adopted by the end of the day. He reminded everyone of the food drive at Brookshires.
    • Mr. Hatley wasn't able to attend the Hometown Christmas because he was at an Eagle Scout ceremony, but he thanked the committee for doing much of the work so that city staff didn't have to.
    • Ms. Powers said re: Mr. Vike's coming resignation that they had graduated together, and she has appreciated working with him.
    • Mayor Grooms said this past Monday the city sent a good letter to TxDOT, which was a nice change. He also thanked the Hometown Christmas committee. He said Mr. Patterson has, after this past weekend, now retired from the military after 23 years of service, having been in Iraq and involved in Katrina work.
• 2006-12-04 FISD
  • Ms. Bates read a poem she wrote about how a teacher could get fired without the board knowing about it, and how a single parent could have this power. After saying she had worked at Claybon, Pres. Bell stopped her, because such detail should only be disclosed in executive session.
  • Recognized UIL State Qualifiers in Cross Country.
  • Recognize Campus and District Holiday Card Artwork and Verse Winners
  • Architect/Construction Manager Report(s) -
  • Administrative Additions - Architect showed a design of the admin campus showing another 80 parking spots. The two-story addition will require removal of about 6 trees. The new building should house about 80 staff members.
  • 2006 Bond Projects Timelines - the Construction Manager presented a timeline of when various projects should go out for design and bid. Steel is currently on long delivery times. Artificial turf will be put in after track season. FMS parking should be usable by baseball season. FHS is on schedule.
  • Elementary Prototype - TEA has changed library requirements from 3,000 sq. ft. to 4,000, so a new design was presented.
  • Re: Amend Interlocal Agreement with City of Forney to include Football Stadium at Administration Building - this will allow the Parks Dept. to handle scheduling for the field, rather than the ISD doing it. Supt. Smith will negotiate these changes with the City, and he will return the proposed changes to the board. He will also give 90 day notice to the PeeWee Assoc. that their contract will be canceled.
  • 2007-2008 School Calendar Drafts - 4 calendars were shown, "C" was the most popular among employees and web-site visitors; the board requested that version be put on the next agenda as an action item.
  • eBook Implementation Plan - Mr. Geiger and Ms. Jacobs presented info about adding approx. 6,000 units. RFP responses should be in soon. Teachers should get their units in March 2007, FMS students will get theirs in the second semester. Starting 2008-2009 year the FHS and two new primary campuses will come on board, followed by the remaining primaries. This will all be paid for from the bond just authorized by voters.
  • After an hour-plus Executive Session -
    • Took no action on Employment of Professional Contract Personnel
    • Took no action on Superintendent's Evaluation
    • Took no action on Future School Sites
• 2006-11-16 City Council
  • Approve Ordinance no. 1200 – amending section 1.707 – destruction of controlled substances.
  • Conduct public hearing to consider adoption of a new official zoning map to replace and supersede the previous zoning map, which has become difficult to interpret due to the number of amendments adopted without amending the comprehensive zoning ordinance as to any property within the city of Forney. No one from the general public spoke.
  • Mayor Grooms invited Misty Holler to come up and show her new bundle of joy.
  • Approve ordinance no. 1201 – adoption of a new official zoning map.
  • Approve canvassing the returns and declaring the results of a bond election held November 7, 2006. Voter turnout was 38%.
  • Approve a resolution approving the pass-through toll program with the Texas Department of Transportation and authorizing the city manager to negotiate an agreement with the Texas Department of Transportation based on terms and conditions identified in the Texas Transportation Commission Minute order 110443…
  • Approve a resolution authorizing the city manager to negotiate an agreement for professional architectural and other related services with Brinkley Sargent and Associates for the design, engineering and possible design build of a police and municipal court facility.
  • Approve contract for professional services with Schrickel, Rollins and Associates for the design and engineering of outdoor recreation facilities to be located on approximately 127 acres on FM548 between the railroad tracks and FM741 and authorize the city manager execute said contract. Mr. Patterson said the design will take about 12 weeks, construction documents will take another 22 weeks, for a total of 9 months.
  • Took a 20 minute recess for punch and cake in honor of Mr. Patterson's birthday.
  • Approve re-appointing Wende Hawthorne as a member of the Economic Development Corporation board of directors.
  • Approve receipt of annexation petition from Eastside Church of Christ, inc for 10.99 acre tract of land situated in the A. Hyer survey, abstract no. 203 in Kaufman County, Texas.
  • Approve calling public hearings for 7:00 … 7:30 PM, December 5, 2006, on annexation of the Eastside Church of Christ, Inc for 10.99 acre tract in the A. Hyer survey abstract no. 203, Kaufman County, Texas, plus adjoining right of way of fm548 of 1.328 acres and directing staff to publish notice of public hearings on november 22m 2006, in the city's official newspaper.
  • Approve directing staff to give notice of potential annexation to property owners and others as required by law.
  • Approve directing staff to prepare annexation service plan for 11.571 acres and have plan available at first public hearing.
  • Approve final plat Brookville Estates PD phase 2A. City Planner Nilssen said the original phase 2 was 43.8 acres with 145 lots, phase 2A will be 23.5 acres with 70 lots. Issues with Redbud lane have been resolved with this plat.
  • Approve final plat Meadowridge Farm Section A. This section was to have 4,500 sq. ft. minimum lots, has been upgraded to 6,000 minimums with an average of 7,300 sq. ft. Lot 1 blk E was a separate plat for a Police/Fire building, that is now included. Park land, about 28 acres, is still in a different plat.
  • Approve site plan Sprint/Nextel lease-EDC. This tower is permitted by right, and will meet the maximum height limit of 120 ft. It will have a 12 ft driveway, and chain-link fence as required by Homeland Security.
  • Approve site plan Corrugates Services additions. This area is zoned LI. The new 30,000 sq. ft. building will include fuel storage and a conveyor system, on the west and south-west sides. Work has been done to ensure access for fire personnel. Corrugated has its own water system, and its roads are better than required by zoning. TxDOT has reviewed the plan and is happy with it. The plan also requests alternate building materials.
  • Approve site plan Place Legrand, lot 1, block 1.
  • Approve final acceptance of public improvements for Hibernia bank at Mustang Crossing lot 5, block 1 (Capital One Bank).
  • Approve final acceptance of public improvements for Autozone at Mustang Crossing, lot 11, block 1.
  • Approve additional signatory for city accounts at City Bank. Bank policy requires council action to change signatories. Added were Mr. Patterson, Mr. Brooks and Ms. Stafford.
  • Approve awarding bid contract for parks and maintenance. Park Board President Curry said 4 bids were received, the lowest bidder has a bad history, so the next lowest bidder Clean Sweep at $47,660 was approved.
  • Approve finalizing negotiations with Planet Kidz, Inc. to operate recreational programming at Forney middle school. Mr. Curry also provided information on this program, which provided recreation in the school gym Saturday nights from 7-11PM. This program is currently used in 27 locations, including Rockwall. The fee will be $10 for the full four hours. The company pays for police at the door and for cleanup. It could be operational by January.
  • Removed from the agenda: ordinance #1202 amending the city’s building codes by adopting the 2003 international codes series and amendments.
  • City Manager -
    • Mr. Patterson said the Eastside project is moving along.
    • Sewer projects are complete, now allowing time for settling. The major sewer line behind McDonalds is finished.
    • Broad St. water line is complete - driveways are being replaced.
    • Pump Station #2 is ahead of schedule. The top of the tank is now visible, and the tank goes 20 ft into the ground.
    • The artesian well evaluation is still being done, to determine if it can be used for potable water or just for parks use.
    • Pinson road still under construction, but 3 lanes are now open. Should be finished in mid-December.
    • Central Fire Station expansion to 24x7 operation - the design is finished, engineering plans by Thanksgiving.
    • Stop lights on FM548 are operating, but the ones at FM1641 are still bagged. The city is in constant contact with TxDOT and the railroad - possibly the lights will be working in December.
    • At a previous meeting, citizens expressed concerns about the Main St. drainage project. A change order will be coming to remove that portion that portion, but not the funding. The funds will be used for more work in the Eastside area.
    • Another citizen concern was parking on Chinaberry street. The HOA there only meets once a year - the city would have to call a special meeting and pay the expenses to discuss the parking problem.
    • A special thanks to the bond committee - he was extremely impressed by the committe, which worked together well. He believes this speaks volumes about the direction the city is headed.
  • Public Communications -
    • Barbara Yates spoke, on behalf of Hattie West, regarding inquiries made seven months ago about houses that need to be condemned. She is concerned that nothing has been done during that time. Mr. Patterson replied that it took longer than expected to get a Chief Building Official on board which could start the lengthy process. Ms. Yates said some houses had been cleaned up. Mr. Patterson said he had involved the code enforcement officer to do that. Ms. Yates then asked about progress on Buffalo street - she's been eating dust for seven months. Mr. Patterson replied utilities are being moved, then dirt work will be done on the ditches, then the road will be paved.
  • Convened a 25 minute executive session re: municipal judges.
  • Authorized the Mayor and Mayor Pro Tem to meet with the municipal judge re: contract for judicial services for 2 years.
  • Authorized Mr. Patterson to advertise for two positions of Alternate Municipal Court Judge.
  • Council Communications -
    • Mr. Vike announced he will be resigning from the council, because he has purchased a new house, which is outside the city limits. He will leave on Jan. 30, and had already decided to not run for re-election next year. He encouraged the council to appoint Brian Haughey, who ran against Mr. Vike in his last campaign, and who did a good job on the bond committee. He thanked the citizens for passing the bonds proposal.
    • Mr. Holler thanked the bond committee and the citizens for the historic election results.
    • Mr. Hatley was saddened to lose Mr. Vike, who has a top-level concern for citizens and the police and fire depts. He appreciates the bond committee members, and Brian's work keeping them on task. He said it is humbling that the citizens entrusted the council to do this.
    • Mr. Rozell enjoyed being on the bond committee, which made history, and it says a lot about where the city is going.
    • Mr. Parker gave his heartfelt thanks to Mr. Vike for his service. He congratulated the bond committee, and also Mr. Holler for his new tax deduction.
    • Mayor Grooms asked everyone to remember Odessa, whose house burned on Sunday. He said the bond committee did a good job, and that Mr. Vike has been an asset to the community.
• 2006-11-16 FISD
  • Approved as Consent Items -
    • 2007-2010 Technology ePlan
    • State Waiver - Staff Development/Early Release
    • State Waiver - Modified TAKS Schedule
  • Hearing of Students, Employees, and Citizens-
    • Kevin Buie spoke, stating he was in favor of two high schools.
    • Richard Mott has an FMS student, and has heard of some racial remarks made at the school. He would like to work as a volunteer with the school to start a Challenge Day program, which helps address differences among students.
  • Presentation by Johnson Elementary Students
  • Canvass Election Results
  • Architect/Construction Manager Report(s) - on the FHS addition, the tape and bed and masonry are almost complete. Locker rooms will take another two weeks to finish. Admin should be finished next month. The FMS excavation is 80% complete - the gym piers are in, classroom piers will be in soon. Utility lines have been a problem to work around.
  • No Child Left Behind (NCLB) Highly Qualified Teacher Report All FISD campuses are at 100%, except for FMS at 95%, Johnson at 97%, and FHS at 97%.
  • Quarterly Financial Reports
  • Report on October 13, 2006 Bond Refunding - $16.195 million was refunded which will save $1.046 million over the next 20 years.
  • After a one hour Executive Session -
    • Approved Employment of Professional Contract Personnel
    • Took no action on Future School Sites
• 2006-11-02 P & Z
  • Approved, as consent items:
    • Final plat, Brookville Estates PD, Phase 2A. This was originally approved in 2004 as 44 acres with 185 lots. This will now be split into two phases. Money for sidewalks has been escrowed. Maintenance of the 50 ft. ROW over the gas line will be done by the HOA, once one is established.
    • Final plat, Meadowridge Farm, Section A. This is a 600 acre development N. of Hwy 80, E. of Reeder Rd. having over 16,000 lots. The area previously designated as having 4,500 sq. ft. lots has been upgraded to minimum of 6,000 sq. ft.
    • Site plan, Sprint/Nextel lease EDC. This area of the EDC park allows 120 ft. high buildings, and that will be the height of the monopole cell tower.
    • Site plan, Corrugated Services Addition. On the 167 acre site will be added a 30,000 sq. ft. building housing a biomass generator. Two sides of the building will have a conveyor system for moving the wood chip fuel. Much attention has been given to assure access by fire fighters. They have agreed to stripe the roads and mark fire lanes.
    • Site plan, Place Le Grand, Lot 1, block 1.
  • A lengthy staff update covered philosophy of Planning and Zoning, areas of authority, and that no new residential PDs have been approved in two years.
• 2006-10-17 City Council
  • Mayor Grooms read a proclamation declaring Nov. 6 - 10 as Municipal Courts Week.
  • Public Hearing to consider the application of Randy Philbeck requesting approval of a Conditional Use Permit (CUP) in order to operate a woodworking shop in a General Retail (GR) zoning districts. The request is to establish the woodworking shop in one of the smaller buildings toward the rear of the property. The site consists of 9.517 acres and is located on the north side of US Hwy 80, Clements Addition replat, lot 1, more commonly known as 206 US Hwy 80, City of Forney, Kaufman County Texas.
         The buildings behind the NAPA building will be modified to suit this use, & Mr. Philbeck plans to move all his businesses to this location. City staff finds no detrimental impact from the new use. One written response was received from the adjacent owners, and it was in favor. A fire lane will be added to the rear of the property, between the rows of buildings, and along the front.
         There was no public input.
  • Approved the CUP request from Randy Philbeck.
  • Accepted 2.835 acres of land from Don Harris and Tony Palmer, general partners of H&P Enterprise. This land will be used for the Master Park Trail system. Money has been escrowed for the trail development. This development is 12.14 acres with 70 lots.
  • Approved Final plat - Park Creek Gardens.
  • Approved Prelim. plat - FISD Forney Middle School, lot 1. This covers almost 79 acres and the FMS renovation. A few of the existing buildings will remain, but there will be a new cafeteria, kitchen, and admin. An additional 90 thousand sq. ft. of parking will be added.
  • Approved Final plat - FISD Forney Middle School, lot 1.
  • Approved Site plan - FISD Forney Middle School, lot 1.
  • Approved Site plan - Jiffy Lube at Shafer Plaza, Lot 1, block B. This is about 0.9 acres, N. of Sonic, a 2,606 sq. ft. building with 16 parking spaces. This will also connect the old FM 548 with the new FM 548.
  • Site plan - Chase Bank at Shafer Plaza, Lot 5, block B. Property is about .9 acres S. of Walgreens, a 4,279 sq. ft. building with 44 parking spaces. Cross-access agreements have been made, which a really important now that the access roads have been converted to one-way.
  • Approved Site plan - Church of Brotherly Love on Broad St. This is currently a vacant lot at Broad and Cedar streets of 0.359 acres. This was originally denied last year, due to lack of parking space. The sanctuary has been reduced in size, so less parking is needed. The building is 3,352 sq. ft. with 11 parking spaces.
  • Approved Final plat - Place Le Grand PD, lot 1.
  • Approved Final plat - Khodaparast Brothers Retail Development, lot 1, blk 1. This property is about 2.1 acres between the Animal Clinic and Martinez Restaurant. Cross-access has been arranged to the rear of the property. Prior requests to escrow the funds for the masonry wall in back are no longer needed, as the sewage project has been completed, so the wall may now be built.
  • Approved revised final plat, Deerfield Heights, Ph. II. This resolves some issues from the 2003 plat re: park land. About 4 acres will become part of the Trail System. The HOA will maintain the park land for 5 years, and then the city will take over. Funds will be escrowed for 0.9 acres of park land.
  • Accepted public improvements for Deerfield Heights, Ph. II.
  • City Manager -
    • Mr. Patterson said thanks to the council authorizing funds to review the employee insurance, the city is now acquiring new insurance which will bring the employee cost of family coverage from $1,102 per month to $547.59. In addition, the city will save over $90,000 per year. Mr. Vike asked if the savings could be used to further reduce employee costs - Mr. Patterson said 20% of the savings are being used for that, the remainder is needed to fund the Health Reimbursement Account plan.
    • Pinson Rd. should be converted to 3 lanes mid-November.
    • Bois D'arc construction will not remove the down-town parking. The work will begin on the South end of FM 740 and move North.
    • Mr. Patterson gave a quick slide show to show the street and sewer projects currently underway.
    • Re: the Main St. drainage project - after citizen input at the last meeting, and reviewing the project, it may be larger than thought and might need to be moved to the 2008 budget. This could free up funds to spend in the Eastside area.
    • Re: citizen input concerning Chinaberry St. parking - the two options available are to reduce access to the park, or make the area a No Parking zone, which would negatively impact the home owners. Mr. Vike and Mr. Hatley were interested in meeting with residents there, because they might be in favor of restricting the parking.
  • Council Communications -
    • Mr. Parker said he continues to be impressed by the city manager and staff. He also commended the FISD for their positive review in a recent Dallas Morning News article regarding campus security.
    • Mr. Rozell reminded everyone about homecoming this weekend, and asked for support on the upcoming bond election.
    • Mr. Hatley said the bond committee will meet next Monday at the Starplex and encouraged the public to come and ask questions. He thanked the city staff and TxDOT for dealing with the headaches on the access road conversion, and apologized for things that might have been said. He praised the quick response on realizing that making Broad St. one-way was a mistake.
    • Ms. Powers mentioned the homecoming, and said that Little Flock Church would be having a festival Oct. 28.
    • Mr. Vike was quite pleased about the employee insurance update, which has been desired for years. He also said the Pinson Rd. drainage was working well.
    • Mr. Holler thanked staff for their work, and recognized the Forney Police Dept. for their ability to catch the burglars who hit several hundred homes, in addition to dealing with all the construction issues.
    • Mayor Grooms recognized Trent Brown, who is now the President of American National Bank. He stated that in this budget year staff has increased retirement benefits and life insurance, reduced health insurance costs, all without raising taxes. He urged the registered voters in the room to vote for the bond package. To the Eastside residents, he said the growth is a pain, but it will be good.
    • Mr. Patterson publicly thanked Mike Shook, saying it was the best move he made, placing Mike in charge of Public Works.
• 2006-10-05 P & Z
  • Approved, as consent items:
    • Prelim. plat - FISD Forney Middle School, lot 1. This covers almost 79 acres and the FMS renovation. A few of the existing buildings will remain, but there will be a new cafeteria, kitchen, and admin. An additional 90 thousand sq. ft. of parking will be added.
    • Final plat - FISD Forney Middle School, lot 1
    • Site plan - FISD Forney Middle School, lot 1
    • Site plan - Jiffy Lube at Shafer Plaza, Lot 1, block B. This is about 0.9 acres, N. of Sonic, a 2,606 sq. ft. building with 16 parking spaces.
    • Site plan - Chase Bank at Shafer Plaza, Lot 5, block B. Property is about .9 acres S. of Walgreens, a 4,279 sq. ft. building with 44 parking spaces.
    • Site plan - Church of Brotherly Love on Broad St. This was originally denied last year, due to lack of parking space. The sanctuary has been reduced in size, so less parking is needed. The building is 3,352 sq. ft. with 11 parking spaces, located at Cedar and Broad.
    • Final plat - Place Le Grand PD, lot 1.
    • Final plat - Khodaparast Brothers Retail Development, lot 1, blk 1. This property is about 2.1 acres between the Animal Clinic and Martinez Restaurant.
    • Final plat - Park Creek Gardens. This is the heavily treed portion of the H&P development, N. of Kaufman St. and will involve extending Central Ave. as well as upgrading Kaufman St. along the development. Funds will be escrowed for a 5 ft. sidewalk which will be part of the Trail system.
    • Final plat - Animal Medical Center addition, lot 1, block 1
  • Removed item: To consider the application of Realty Capitol Corp. requesting approval of a change in zoning from Single-Family (SF-15) District, SF-20 and Agricultural (AG) District to a Residential Planned Development (PD) to be more commonly known as "Meadowbrook Farms Planned Development". This property consists of approx. 306 acres of land situated in the Juan Lopez Survey No. 286, Kaufman County, Texas. [A portion of the property is not currently in the city limits and will be considered concurrently with an annexation petition] THE APPLICANT HAS WITHDRAWN THE REQUEST.
  • To consider the application of Randy Philbeck requesting approval of a Conditional Use Permit (CUP) in order to operate a woodworking shop in a General Retail (GR) zoning districts. The request is to establish the woodworking shop in one of the smaller buildings toward the rear of the property. The site consists of approx. 9.5 acres and is located on the north side of US Hwy 80, Clements Addition replat, lot 1, more commonly known as 206 US Hwy 80, City of Forney, Kaufman County Texas.
         The buildings behind the NAPA and red and white building will be modified to suit this use. The Fire Chief and City Engineer have each reviewed this, and staff finds no detrimental impact from the new use. Just one response was received from the adjacent owners, and it was in favor.
  • Approved the CUP request from Randy Philbeck.
  • Approved revised final plat, Deerfield Heights, Ph. II. This resolves some issues from the 2003 plat re: park land. The HOA will maintain the park land for 5 years.
  • Staff update - Some action coming on Meadowridge Farms, the 600 acres W. of Wal-Mart. A cell tower will be coming. Brookville Phase 2 will probably be split into two phases. There may be a Starbucks coming.
• 2006-10-03 City Council
  • Re-appointed David Yandell and William Tayamen to the planning and zoning commission for two (2) years.
  • Appointed The Forney Messenger as the official newspaper for two years.
  • Approved agreement by and between the city of Forney and AT&T Texas allowing AT&T to relocate its infrastructure within Forney's right-of-way while allowing AT&T not to waive any claim it may have for the disputed relocation cost. This came after some discussion, which concluded it was prudent to have the utility relocation done now, and settle the likely disputes at a later date. The agreement has been reviewed by attorneys on both sides, & Mr. Patterson said the agreement was very clear that there was no assumption that the city would pay anything. Mayor Grooms stated public opinion would be a very good tool to fight the claims AT&T might make later.
  • Changed council meeting dates by moving Tuesday, November 7 to Thursday, November 16 and canceling Tuesday, November 21.
  • City Manager -
    • Pinson rd has finally changed sides, and construction immediately started on the old side. Plans are to have 3 lanes open by Nov. 15, one North-bound and two South-bound. The entire project is scheduled to be finished by Dec. 2nd.
    • The offramp in front of Lowe's is now open, but drivers should still be careful, as construction continues to remove the old offramp.
    • The access roads along Hwy. 80 are being repaved as part of the one-way conversion. There have been many head-on collisions on the access roads, and just yesterday a TxDOT vehicle and a semi-truck had a head-on wreck. The one-way conversion should be finished this week. The new traffic signals will be powered up tomorrow and will be flashing red until probably this weekend. As to the bottleneck that will occur at Hwy 80 and FM 548, he suggested citizens visit ForneyBonds.org and review the roads proposal.
    • The new pump station is proceeding on schedule, and should be active by July or August of next year.
    • The water main work on Broad St. is moving along well.
    • He reminded everyone that the white and orange markings along streets in the downtown area are where the roads will be torn up. Also work will be done on Trinity St. and elsewhere to remove sewer lift stations.
    • Mr. Hatley expressed concerns that the one-way conversion is going to cause a big problem by removing Broad St. as a way out of Forney, and wondered if TxDOT would be receptive to not converting it at this time. Mr. Patterson said he would revisit that with TxDOT, and the ultimate plan is to relocate that exit ramp to connect with the access road.
    • Mr. Parker asked if there was any update on the artesian well situation - there is not. He also asked if other folks were having rusty water.
  • Citizen Communications -
    • Tony Gonzalez told the council that Chinaberry St. in the Chestnut Meadows addition had become dangerous because of all the parking for sports activities. He is very concerned that a child is going to be injured, and that there is not enough room left on the street for emergency vehicles to travel through the area.
    • Carolyn Marett spoke, representing her neighbors on Main St. re: the drainage improvement project. Based on information she has received, it seems the South side of Main will bear the brunt of the impact, and some houses will no longer have a yard. She feels Main St. should be dear to the city, and would like better notification than door-hangers. She has heard there have been two meetings regarding this project, but she wasn't informed about either one.
    • Dr. John Taylor said he found out Monday about the plans, and looking at the survey stakes it appears a utility pole will be placed about 5 ft. from the foundation of property he owns on Main St. He feels it would be better to do nothing than to ruin the yards on properties, and would like the project to be put on hold until the residents can see the plans.
    • Carl Flowers said he just moved into the house on Main St. and didn't receive any door hangers or telephone calls, and doesn't feel it would be proper to take away his family's front yard.
    • Whitney Rozell said the situation on Chinaberry really is bad enough that emergency vehicles would not be able to get through.
    • Mayor Grooms said the city hasn't done any of the work on the Main St. drainage yet, the markers and flags were put there by the utility companies, and the city would be in contact with residents before anything was done. Dr. Taylor said that would be great, but if the utilities were going to be that close to the houses, it would be unacceptable.
  • Council Communications -
    • Mr. Rozell encouraged everyone to be involved in the bond election. He also thanked the two people responsible for him being here, namely his parents Ken and Vickey, who recently celebrated their 40th anniversary.
    • Mr. Hatley said it was exciting to have the upcoming bond election, that the bond committee had been working hard, and folks should check the website and/or call committee members. He congratulated the Rozells, and asked that everyone keep the Weatherfords in their prayers after the passing of R. A.
    • Mayor Grooms reminded the council that Monday was Fair Day, and they had a 5PM reception. He reminded everyone that city staff can only provide information about the bond proposal, so for opinions they should contact committee members.
• 2006-10-02 FISD
  • Approved as Consent Items -
    • Minutes of September 11, 2006
    • 90-Day Facility Use Agreement
    • TASB Policy Update #78
    • American Sign Language Textbook Waiver
  • Approved 2006-2007 Textbook Selection Committee as recommended.
  • Approved Adoption of an Order Authorizing the Issuance of Unlimited Tax Refunding Bonds, Establishing Sale Parameters, Authorizing the Execution of a Bond Purchase Contract and an Escrow Agreement; Approving an Official Statement; and Enacting Other Provisions Relating to the Subject.
          Mr. Adams of First Southwest Co. said there was an opportunity to refinance the 2001 bonds and save over a million dollars in interest. Bond rates have moved down dramatically in last few weeks. The possibility is to refund (refinance) 16,195,000 with a savings of 1.2 million. He suggested that the board give Mike the authority to execute the transaction on or after October 12 if the interest rates remain low or have Mr. Adams come back to the board at the next meeting and hope that the interest rates are still low.
  • Architect/Construction Manager Report(s) - Mr Hawkins- FHS wing is going well, the girls locker room will be ready by Nov 15. Classroom wing is about to start closing in walls. FMS south - lots of demolition for the next 2 weeks! Will start building back by first of Nov. Nothing unexpected has turned up to delay construction. The building at admin. parking lot should be ready by mid-November.
  • Administrative Services Building Renovations Jeff- architect - presented preliminary plans for the administration building. The admin. requested that they increase the size of board room and get as much office space as possible. Preliminary plans are to put in a 2 story building on the south side of the current building, plus put wings on the new buildings being currently built at administration site (across the parking lot). The plans are for the board room to be 4X bigger and seat approx 250 people. Will add another parking lot on south side of property (the residential lot that the FISD purchased). A lot of the building will be unfinished, and will be finished out later as needed. There will be 12000 sq. ft. on first floor of new wing. This plan will almost triple the square footage of the admin campus. Hope to go out for bid around January.
  • Review of 2002 Facilities Plan - Items still left to do out of this bond are purchase of land, additions and renovations to admin building - anticipated completion 12/07. Bond funds still available total $30,300,000; obligations are $25,259,192. After purchase of land and administration portion of project use another $5,004,000, the balance remaining will be $36,566.
  • Approved FM(Local) Policy: Student Activities - A change/re-wording/consolidation of current policies concerning student activities. Activities, Clubs and organizations must support the curricular or co-curricular program of the school and must have a sponsor from the campus the organization is on and must be approved by the campus principal
  • Set November Canvass of Bond Election and Regular Board Meeting Date and Time to November 16, 7 PM.
  • First Six Weeks Attendance Report - ADA for first 6 weeks was 5,941 and 97% attendance. Have 115 new students since school started, and are 50-60 students above the projected number of students for the end of October.
  • there was no Executive Session -
    • Took no action on Employment of Professional Contract Personnel.
    • Took no action on Future School Sites.
  • Announcements and Adjournment
    • Future Board Meetings
    • November Board Meeting Date(s)
    • Monday, December 4, 2006 at 7:00 p.m.
    • Monday, January 8, 2006 at 7:00 p.m.
    • Monday, February 5, 2006 at 7:00 p.m.
• 2006-09-19 City Council
  • Public Hearings:
    • A Public Hearing to consider and act upon the application of Herzog Development Corporation requesting approval of a text amendment to the Trails of Chestnut Meadows Planned Development District (PD) Ordinance NO. 1031. The amendment concerns clarifying and amending the language regarding the use of a private recreation facility that includes but is not limited to parks, linear greenbelt areas, trails and walkways, playgrounds and recreation facilities, swimming pools and tennis courts. The amendment will declare this use as a permitted use by right and establish the development standards of the facility within the Planned Development. The amendment will also contain language regarding allowing access from the East Side Church property along the Northern most part of proposed Lot 8, Block V, Phase 4 in the form of a legally approved plat. This property consists of approximately 393 acres of land, more or less, situated in the John Gregg Survey Abstract no. 171 and the Hyer Survey Abstract no. 203, City of Forney, Kaufman County, Texas more commonly known as the Trails of Chestnut Meadows Planned Development.
      • City Planner Nilssen stated this is mostly a house-keeping issue, and the city doesn't want to get between a developer and the HOA where private facilities are concerned. The changes will still require a CUP for any public facilities. She stated 41 written responses and one telephone call were made in favor of the change, and 5 written responses and one telephone call were made in opposition. She also stated approved this does not mean there will be a pool built, only that the zoning would allow one by right.
      • No one from the general public spoke.
    • A Public Hearing to consider and act upon an amendment to the text of the Comprehensive Zoning Ordinance (Ordinance NO. 1085) regarding the adoption of the planned Commercial District Ordinance.
      • City Planner Nilssen said this new system will help to accelerate procedures, as with the proposed point system developers will be able to make changes without having to re-submit their plans and go through the whole approval process. The landscaping standards have been beefed up in this amendment.
      • No one from the general public spoke.
  • Approved ordinance no. 1196 on PD amendment Trails of Chestnut Meadows PD. with staff recommended stipulations regarding signage, playground equipment, and submittal of site plans.
  • Approved ordinance no. 1197 for Planned Commercial District ordinance (PCD).
  • Accepted the recommendation of the Parks Board for the City to enter into a contract negotiations with Schrickel, Rollins and Associates to provide engineering services for the planned Community Park. Mayor Grooms said he doubted a better firm than this could be found in the DFW area.
  • Accepted revised final plat-Shaffer Plaza at Mustang Crossing, lots 4, 5, 6 and 12 block B.
  • Approved site plan-Walgreens retail store, consisting of about 1.1 acres, a 14,820 sq. ft. building and 77 parking spaces.
  • Approved revised preliminary plat-Trails of Chestnut Meadows, phase 4. This was necessary to free up lots for the East Side Church access and the possible amenity center.
  • Approved revised final plat-Trails of Chestnut Meadows, phase 4.
  • Approved preliminary plat-Place le Grand, lot 1. This adds 5 feet of right-of-way on the 2.5 acre portion of the project.
  • Accepted Public Improvements on project - final plat, Mustang Crossing Planned Development, lot 9 block A (WHAT A BURGER)
  • Accepted Public Improvements on project - final plat, Forney Center PD. lot 1A block A.
  • Accepted Public Improvements on project - final plat, Lowe's at Mustang Crossing lot 10, block A.
  • Adopted ordinance no. 1198 authorizing City Manager to create, amend and rescind personnel policies in accordance with the city charter.
  • City Manager -
    • The City and the Mayor are again "rattling some cages" to try to get TxDOT moving on the stop-lights, access roads, and the off-ramp relocation in front of Lowe's.
    • Pinson Road - the construction will changes sides next Thursday or Friday.
    • He was very happy to announce that Chic-Fil-A had filed a building permit and would be coming soon.
    • Demonstrated the new website ForneyBonds.org which will provide educational information about the upcoming bond election. City staff is prohibited by law from advocating passage of the bond, but is allowed to provide factual data. Elected officials are free to promote the bonds if they wish. In addition, the city will be mailing out flyers, and placing an advertisement in the Forney Messenger to fulfill the legal requirements for a bond election.
  • Council Communications -
    • Ms. Powers thanked staff for the new website.
    • Mr. Rozell thanked the Forney Police for their help with the Jackrabbit Stampede. He also stated the bond committee will meet every Monday night at Martinez Restaurant, and anyone with questions or comments was welcome to attend.
    • Mr. Parker related a quote from Gen. Sherman about renting Texas and living in Hell, and thanked God for fall.
    • Mayor Grooms thanked Mary Nichols for her work, and stated the Dallas Business Journal recently had an article stating the Cirrus Group was planning to build a hospital in Forney. (information provided later indicates the $10 million hospital could be operational by 2009 and be located at FM548 & FM741) He said he would be calling local developers to raise funds for a bond election campaign, as elected officials are allowed to stump for it.
• 2006-09-11 FISD
  • The meeting starts out with a standing-room-only overflow crowd and a television camera
  • Patriotic Tribute - The High School Choral sang the National Anthem in remembrance of 911
  • WalMart Presentation to the Education Foundation - The managers of the Forney Wal-Mart Presented a $2000 check to the High School to be used for any kind of extra curricular activity and a $2000 check to the Education Leadership Foundation
  • A number of speakers addressed an issue regarding the Step Club and its lack of a sponsor -
    • A High School student, Miss Tamiah Sew, addressed the board concerning the High School Step team. Several members of the audience were fellow students sharing her concern for the team and remained standing while Miss Sew addressed the board. She pointed out that there has been a Step team the last 2 years but the district is having difficulty getting a sponsor this year and therefore would not have a team. She pointed out that the demographics of Forney are changing and that not everyone wants to do conventional sports. She hopes that their concerns will be shared by the board and not go unresolved.
    • Alice Brown addressed the board about the lack of activities and programs such and the YMCA, and Boys and Girls clubs. She wanted to know if there were any plans for these or any other private organizations in Forney. She feels that these programs would be very beneficial to students and would take allot of the pressure off the school district and the teachers. She also wanted to know if anything was being done for the extracurricular activities for the children. She also was concerned that some of the smaller developments don't have places for children to play ball and other activities and wanted to know if any of the tax money was going towards providing some of those communities with these activities. Mr. Bell advised her that he did not know of any plans for those organizations in Forney and that these were issues that needed to be taken to the City Council.
    • Pat Bowman addressed the board about the Step Team. Her son has been practicing for the Step Team for several weeks preparing for try-outs. She pointed out that it is a diverse group of students wanting to be on the team. She would like the School Board to help them get a sponsor and do whatever it take to get the team going. She offered to be a business sponsor of the team of one was needed. She thanked the board for listening to them and considering keeping the program alive.
    • Mr Bell informed the audience that any kind of extracurricular activities or sponsorships is the responsibility of the campus principal so they would need to go to the principal first and then if they do not get the consideration they want they must follow board policy FNG to take it to the next appropriate level. He also said that until they have gone through the appropriate steps that the board had no decision to make.
  • Called a five-minute recess as the crowd cleared out.
  • Approved Election Contract with Kaufman County - The board very briefly discussed some of the changes to the state law concerning elections and the cost that these changes will make to the district.
  • Architect/Construction Manager Report(s)
  • Quarterly Demographic Update - The demographer gave an overview of the home demographics for the DFW area and then gave some statistics about some of the developments in the Forney ISD.
  • Public Hearing of School FIRST (Financial Integrity Rating System of Texas) - The board opened public hearing. A brief overview of the FIRST was given as well as the FISD rating, which was superior. Mr. Bell asked if there were any questions and hearing none, closed the public hearing.
  • Discussed TASB Policy Update #78, which will appear as a consent item for a later meeting.
  • After an hour+ Executive Session -
    • Approved Employment of Professional Contract Personnel as recommended
    • Took no action re: Quarterly Superintendent Evaluation
    • Took no action re: Future School Sites
• 2006-09-07 P & Z
  • Approved, as consent items:
    • Revised final plat - Shaffer Plaza at Mustang Crossing, lots 4, 5, 6, 12 Blk B. This covers about 6.7 acres.
    • Site plan - Walgreens retail store, 14,820 sq. ft. on 1.8 acres.
    • Revised Prelim. plat - Trails of Chestnut Meadows, Ph 4. This is to move some lots to make room for the pool.
    • Revised Final plat - Trails of Chestnut Meadows, Ph 4.
    • Prelim. plat - Place Le Grand PD, lot 1.
  • Public Hearings-
    • Application of Herzog Development Corp. requesting approval of a text amendment to the Trails of Chestnut Meadows PD Ord. #1031. The amendment concerns clarifying and amending the language regarding the use of a private recreation facility that includes but is not limited to parks, linear greenbelt areas, trails and walkways, playgrounds and recreation facilities, swimming pools and tennis courts. The amendment will declare this use as a permitted use by right and establish the development standards of the facility within the Planned Development. The amendment will also contain language regarding allowing access from the Eastside Church property along the northern most part of proposed Lot 8, Blk. V, Ph. 4 in the form of a legally approved plat. This property consists of approx. 393 acres of land, more or less, situated in the John Greg Survey, Abs. #171 and the A. Hyer Survey, Abs. # 203, City of Forney, Kaufman County, TX more commonly known as the Trails of Chestnut Meadows PD.
      • Ms. Nilssen said written replies were 33 in favor, 3 opposed, citing cost and accessibility. She explained why this item is a PD amendment, rather than a CUP.
      • Paul Hardy stated the residents of Chestnut Meadows haven't received any information on this, what it will cost or how it will affect the HOA fees. He believes the city should have control over this.
      • Eugene Carter said the Church needs the access for emergency uses.
      • Jack spoke and was in favor of providing Church access.
      • Don Herzog said the pool was discussed at the June HOA meeting, and there will be no cost to the homeowners. If an increase in dues is necessary, it will be $20 per year or less.
    • An amendment to the text of the Comprehensive Zoning Ordinance (Ord. #1085) regarding the adoption of the Commercial Planned District Ord. Ms. Nilssen said this would provide new zoning tools to accommodate commercial development, and with the point system it is very flexible.
  • Approved the application of Herzog Development Corp. requesting approval of a text amendment to the Trails of Chestnut Meadows PD Ord. #1031.
  • Approved an amendment to the text of the Comprehensive Zoning Ordinance (Ord. #1085) regarding the adoption of the Commercial Planned District Ord.
  • Staff update - coming in the next few meetings will be Pizza Grand, Jiffy Lube, Chase Bank, Animal Clinic, Brookville Ph. III, Philbeck CUP, Meadowbrook Farms, Church of Brotherly Love. Staff expects to add another person to help with the planning dept. and GIS work.
• 2006-09-05 City Council
  • Pinning of Fire Chief Rank (five bugles) - Chief Rick Townsend. Chief Townsend is the first paid full-time fire chief Forney has had. Mr. Patterson thanked Chief Barnes for his many years of being both Police and Fire Chief, which prompted a standing ovation. Mrs. Townsend pinned the bars on the new Chief, and Mayor Grooms pinned him with the badge (without drawing any blood). Chief Barnes spoke, saying he started with Forney 27 years ago, but Mr. Townsend started 30 years ago. He presented Chief Townsend with a plaque bearing a golden axe and inscribed to Forney's First Full-Time Fire Chief. Chief Townsend said this was a humbling experience - he had no idea 31 years ago it would lead to this, he just enjoyed hopping on the fire truck. He said Mr. Patterson was a good hire for the city, and is proud to be working for him. He praised Chief Barnes for all he's done for the city. He said there will be changes made in the fire department, but it will still be a service organization.
  • 20-minute recess for cake and punch and visiting.
  • Public Hearing considering the tax rate and adoption of the fiscal year 2007 budget. City Manager Patterson presented a slide show and explained changes from last year's budget and the few amendments since the last budget meeting. He said the increase in stipends will not take effect until after the next election, as required by the city charter. He pointed out the $1 million increase in capital improvement funds in the new budget, and how the increase in sales taxes from new businesses helps reduce the property tax rate. He said having Bureau Veritas provide inspection services will allow the city to pay only for the number of inspectors it needs, and that Forney is on the leading edge of contracting out this service, much like trash pickup used to be done by city employees, but is now contracted to private companies. No one from the public spoke.
  • Adopted an ordinance approving and adopting a budget for the City for the fiscal year Oct. 1, 2006 through Sept. 31, 2007 (fiscal year 2007) providing that expenditures for said fiscal year shall be made in accordance with said budget and declaring an emergency.
  • Approved adoption of an ordinance levying the Ad Valorem Taxes for the year 2006 (fiscal year 2007) at a rate of $0.49801 per $100 assessed valuation on all taxable property within the corporate limits of the City of Forney as of Jan. 1, 2006 to provide an interest and sinking fund on all outstanding debts of the city, providing for due and delinquent dates together with penalties and interest.
  • Adopted and ordinance amending article 13.100 water rates with an effective date of Oct. 1, 2006.
  • Approved a contract with Bureau Veritas for chief building inspection and plan review services.
  • Adopted and ordinance amending article 3.10, section 3.102 building inspection fees with an effective date of Jan. 1, 2007. Mr. Patterson said the Jan. 1 date was to allow time to get the word out to the developer community.
  • Approved an ordinance authorizing, under the Texas Municipal Retirement System (TMRS) "Updated Service Credits" on an annual basis, providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees, providing for increased municipal contributions, and increasing the rate of deposits to TMRS by employees, providing for participation of the city in supplemental death benefits, and death benefits for annuitants whose last employment before the retirement was with the City of Forney, and establishing and effective date.
  • Ms. Leigh Corson, the new city Human Resources director, briefed the council on the benefits of using a broker rather than an insurance agent - a broker charges a flat fee and "shops the city around" to various providers, as opposed to an agent who takes a commission. The council approved a contract with Roach Howard Smith & Hunter for insurance broker services and authorizing City Manager to execute contract.
  • Approved the 2006-2007 budget for Forney Economic Development Corp.
  • Approved amending certain provisions of resolution 06-09 ordering a bond election adopted on Aug. 15, 2006 and resolving other matters incident and related thereto.
  • Approved the contract for election services for the conduct and supervision of the Nov. 7 2006 bond election with Dick Murphy acting as the County Election officer of Kaufman County.
  • City Manager -
    • The Bond Committee is still meeting, has changed hats and will now be working on promoting the bond, including having a website. The next meeting is Friday at 6:30PM.
    • Eastside improvements have been stalled, waiting for utility relocations. Two companies have agreed to move their infrastructure, but AT&T has not. The city advised AT&T on Friday that construction would proceed, which means that AT&T will find their stuff laying on the ground, as the construction crews find it.
    • All the orange and white markings on the streets are places where work will be done on utilities. He apologized in advance, because crews will likely hit and break something, despite being careful to not do so.
    • Bois D'arc expansion - TxDOT is holding pre-construction meetings in Nov. but has not provided the city with any information on the scope of the project. Efforts are being made to acquire that data.
    • Lowes is open - go by there. Ribbon cutting is next week.
    • The off-ramp in front of Lowes/Wal-mart is supposed to be finished in 30 days, according to TxDOT.
    • Pinson Rd - a few months ago, the city met with TxDOT and the contractor to see if additional funds would help speed up the work. The contractor doesn't have enough staff to work any faster - but still says the project will be finished by the end of Oct. They will be opening the new side for traffic in the next few weeks.
    • Signal lights - now working at FM741 & FM548, construction has started for the Hwy 80 & FM548 intersections, and the FM548 and FM1641 intersection, however: these signals will either flash or be bagged until the access roads are turned to one-way.
  • Public Communications - an update on the water situation was requested. Mr. Patterson replied at the recent NTXWD meeting they decided to not go to stage 4 yet, but will consider it again in December. They might have to "enhance" the stage 3 restrictions. The #1 violators of the restrictions are home-owners - the city might publish a list of violators. Some violators are getting close to the point where their irrigation system will be disconnected, or even have their meter pulled. The city has worked with the Power Plant and the paper mill to voluntarily decrease their water usage.
  • Council Communications - all members congratulated Chief Townsend.
• 2006-08-29 City Council special called meeting
  During a 3-hour meeting -
  • Took no action re: amending resolution no. 06-10 calling 2006 Bond Election - there isn't enough time to properly organize having the road portion done by a private entity, and the Bond Advisory Committee voted to leave the bond proposal as is.
  • City Manager Patterson presented the proposed 2006-2007 budget using a slide show. First up is the city's new Mission Statement:
    Working together to build a sense of community in a safe environment, while attracting quality growth in a family oriented atmosphere
    
        This years' assessed property value is $638.9 million, compared to the 1997 value of $142.8 million. This has allowed the tax rate to decline slightly. In fact, the tax rate is below the roll-back value, and below the effective tax rate. The new budget proposes a very slight decrease in the tax rate (down 0.00006) which will provide income of $3.3 million. A portion of the sales tax (which will provide another $2.4 million income) is used for property tax reduction - currently equivalent to about 9 cents on the tax rate.
        The city will participate at the higher level of the Texas Municipal Retirement System in order to better attract new employees and provide better death benefits. The city is also reorganizing the departments and consolidating the accounting. Building inspection will be contracted out to Bureau Veritas who will provide however many inspectors are needed.
        The city has established a 3 month operating reserve, which is very important for good bond ratings. The new budget will also provide an additional $1 million for capital improvements for local projects. A year ago, the entire capital improvements budget was less than $1 million - right now it is about $11 million.
        The meager fee schedule for council members was discussed, and the new budget might be amended to provide pay more in line with what other cities provide. The city charter does preclude having a full-time Mayor.
        The city is required to have random drug tests for anyone having a Commercial Drivers License, and these random tests will be expanded to cover all city employees, with a zero-tolerance policy.
        A major impact on the Municipal Court is Failure to Attend for FISD students. As these are written and served by County officers, an effort is being made to have the cases heard in a County Court. Whether that succeeds or not will influence how much must be spent by the Municipal Court dept.
        A chart showed the N. TX Municipal Water (from which Forney buys its water) rates compared to other local supply entities - the NTMWD rate is $0.97, compared to the other rates of $1.35 to $2.36. NTMWD rates are planned to increase to $1.29 by the year 2011.
        
  • called Public Hearing re: establishment of tax rate and adoption of the fiscal year 2007 budget. The hearing will be on Sept. 5.
• 2006-08-28 FISD
  • Tycoy Young thanked the board for all the time and effort they have expended coming up with the bond package.
  • Presented Certificate to Molly Dobbs for UIL Outstanding Performer in the 2006 Texas State Solo-Ensemble Vocal Solo Contest
  • Approved 2005-2006 Budget Amendments.
  • Approved 2006-2007 Budget as presented.
  • Set 2006-2007 Tax Rate at 1.33 + 0.28 totaling $1.61/$100.
  • Approved by 6-1 vote 2006 Facilities Plan after some very lively discussion.
  • Approved Prevailing Wage Rates.
  • Architects/Construction Manager Report - everything is on schedule...
  • Accepted Bids for Teardown and Re-Build of Middle School which were received on Aug. 17. The amount budgeted for this project, which is funded by the 2003 bond package, was $12.2 million - the bids total up to $18.5 million. The last bond package has $31.6 million left for sale - the amount needed now, including the bid accepted tonight, with current construction is $27.6 million.
  • Approved the Order to Call Election for Capital Improvement Bonds for November 7, 2006 and Adopt Resolution after a telephone consultation with the FISD attorney.
  • Student Enrollment Projections and Update - 6,102 students are now enrolled in the district, a 20.6% increase over last year. This is 21 more students than projected for Oct. 1 time frame... The demographer has determined that the second quarter of 2006 had a record high number of home starts and closings - 415 and 302, resp.
  • no Executive Session
  • Approved Employment of Professional Contract Personnel as recommended.
• 2006-08-28 FISD Public Hearing
  • 2006-2007 Budget and Tax Rate Hearing
• 2006-08-15 City Council
  • Issue proclamation naming Aug. 26 Mary Louis Harris Day, in honor of her upcoming 100th birthday. Ms. Harris addressed the council, thanking God she has been in Forney, that her family has been here since the 1800's, and she doesn't intend to be buried anywhere but in Forney.
  • Public Hearing - consider an amendment to the text of the Comprehensive Zoning Ordinance (#1085) re: section 34d ENT - Entertainment Overlay District. The purpose of the amendment is to remove the conditional use permit (CUP) element from the ordinance.
    • City Planner Nilssen briefed the council, stating this was mostly a house-keeping issue.
    • No one from the public spoke.
  • Approved ord. #1190 re: amendment to section 34d ENT - Entertainment Overlay District.
  • Accepted resolution #06-08 from the Bond Advisory Committee requesting council to call a bond election on three propositions: Roads, $40.2 million; municipal buildings $11.9 million; park, $14.4 million; totaling about $66.5 million. The money for roads will only be used for improvements to the TxDOT FM roads. And thanks to recently enacted state legislation, it may be possible for a private contractor to improve the roads at no cost to the city, meaning the proposition could be removed from the ballot - this is under investigation. The new police building will support a population of 43,000. Mayor Grooms pointed out that everyone over 65 has their tax rates frozen now, and passing this bond will not affect their tax bill at all.
  • Approve all matters incident and related to ordering and holding a bond election on Nov. 7, 2006, including the adoption of resolution #06-09 pertaining thereto.
  • Approved entering into a contract for election services for the conduct and supervision of the Nov. 7, 2006 bond election with Dick Murphy acting as the County Election Officer of Kaufman County.
  • Approved the revised prelim. plat - Shafer Plaza at Mustang Crossing. Re: 19 acres, all lots except Sonic, affects moving a fire lane East to accommodate a change in parking layout.
  • Approved the revised final plat - Shafer Plaza lot 3, blk. B.
  • Approved the revised site plan - Shafer Plaza lot 3, blk. B.
  • Approved prelim plat - Highland Prairie, Ph. 5.
  • Approved prelim plat - Animal Medical Center Addition Lot 1, Blk. 1 (located in the ETJ), with the stipulation that the building must be within 400 feet of two fire hydrants.
  • Accepted public improvements for the First National Bank of Canton (Forney branch).
  • Award bids for the 2006 water and sewer improvements for about $1.1 million to 4D Construction, after watching a slide-show by City Manager Patterson detailing some of the projects involved in the bid, such as the Broad St. water line, which requires almost weekly repair; several sewer lift stations which will be removed, thanks to the tie-in with Rockwall/Heath/Forney waste project; replacing sewer lines along Trinity & Main that were installed in 1912; upgrading the 6-inch sewer behind McDonalds to 12-inch; upgrading the 4-inch water line along Broad to 8-inch. The budget for these projects was $1.4 million.
        Also discussed was the Eastside utility relocation, where AT&T wants to be paid to move their utilities; a right-of-way issue on the new pump station #2; signals being installed at FM 741 & 548; railroad arms at Chestnut St. now working; the CR 212 & Reeder Rd. project being bigger than originally thought, possibly be finished by the end of August; the exit ramp relocation at Mustang Crossing will include converting the access road to one-way; the new driveways connecting to the Pinson Rd. construction are designed that way for drainage reasons; the city offered to pay the contractors on Pinson Rd extra to work 24x7, or at least more hours, but the contractor wasn't interested.
  • Council Communications- members all thanked members of the Bond Advisory Cmte for their work, and Mr. Patterson and Mr. Brooks for their efforts as well. Mr. Parker asked about progress on the artesian wells, & Mr. Patterson stated the water quality and flow ability is being tested, and it is possible the well can be treated and tied into the main water supply. However, Lake Lavon is still losing elevation, and it is likely the decision to enter Stage 4 rationing will be made at the end of August, with the restrictions being effective 30 days later. Mayor Grooms stated that Rick Townsend will be the new Fire Dept. Chief, and that there had been 72 applications for that position.
• 2006-08-07 Bond Advisory Committee
  • During a spirited 2-hour meeting, members debated which items should be included in the bond proposal to be presented to the city council. These items will likely be on the ballot (please note values are in millions) :
    • Roads - $25.7m for the Hwy80 & FM548 bridge/road widening; $20.5m for FM 741, from Bois D'arc to the FHS; and $7.9m for FM 740, Hwy 80 north to Ranch Rd. The maximum tax impact will be about .1011/$100. The city has been approved for a $16.1m grant for road work, and expects to receive $30.8m over 20 years from TxDOT via the pass-through toll program. Therefore, the city's total "out of pocket" expense will eventually be about $9.4m.
    • Park - $14.4m to implement the majority of the planned park features, which will take 2 - 3 years to complete. Also includes lighting for Mulberry Park. Max. tax impact will be about .13/$100.
    • Municipal facilities - $11.9m for a Police holding facility (not really a jail), municipal courts, and a community use area with a capacity of about 200 people. Max. tax impact of about .1488/$100.
    The proposal will be presented to the city council next Tuesday.
• 2006-08-04 P & Z
  • Approved, as consent items:
    • Revised prelim. plat - Shafer Plaza at Mustang Crossing; re: lots 1 and 3 - 12.
    • Revised final plat - Shafer Plaza Lot 3, Blk B.
    • Revised site plan - Shafer Plaza Lot 3, Blk B.
    • Prelim plat - Highland Prairie Phase 5. In order to avoid having some lots partially in the city limits, the city is annexing about 3 acres - this will still leave some lots outside the city limits in the development. Phase 5 is 52 acres with 46 lots, and one lot for park land.
    • Prelim plat - Animal Medical Center Addition, Lot 1, Blk 1 (located in the ETJ). There were some problems getting a plat submitted before a residence was torn down and the new building put up. The plat was approved with the stipulation that it conform to the subdivision requirement of having 2 fire hydrants within 400 feet.
  • Public Hearing - consider an amendment to the text of the Comprehensive Zoning Ord. (# 1085) re: Section 34d ENT - Entertainment Overlay District. The purpose of the amendment is to remove the CUP element from the ordinance. This apparently removes a disparity between rights-by-use when a building is multi-tenant vs. stand-alone single-tenant.
        No one from the public spoke.
  • Approved an amendment to the text of the Comprehensive Zoning Ord. (# 1085) re: Section 34d ENT - Entertainment Overlay District, removing the CUP element.
• 2006-08-01 City Council
  • Approved Ordinance #1189 amending article 13 - Utilities to change the due date and late fees. Some utility bills are received by homeowners just 2 days before they are due, this change extends the payment period by 5 days, and it consolidates the two late fees into one.
  • Approved Resolution 06-07 amending the appointment process of boards and commissions. This allows incumbent members to simply file a letter of intent for reappointment, rather than going through the normal application process. Should a member not wish to be reappointed, then the city will advertise the vacancy as it has done in the past.
  • Council decided to not take an official position on the Trans-Texas Corridor at this time. The Mayor feels that not enough information is available, and it might be 12-18 months before enough is known. Mr. Rozell stated it would be difficult to endorse the project, not knowing how it will affect Forney. Mr. Parker wryly suggested going on record that the TTC-35 not run down Center Street...
  • City Manager Patterson -
    • FM 548 turn lanes are now painted in. At FM741 and FM 548, working on acquiring additional 30' ROW to add turn lanes there. The signal poles are up at that intersection, and TxDOT says the signals will be working before school starts. The next signals to be installed will be at FM 1641, then on Hwy 80.
    • Pinson rd - pouring last bits of tie-ins, should soon be switching over and driving on the new road as they tear out the old road. Traffic will continue to be North-bound.
    • The bond committee held another 3-hour meeting last night, and hopes to present 3 proposals to the council. An extra $16 million has become available, which with some short-term financing of $3.5 million, will reduce the amount of the bonds to be voted on.
    • He will officially be retiring from the military force on Dec. 9, after 24 years.
    • Mr. Parker inquired on the status of the artesian wells - Mr. Brooks said Mike Shook had started looking into this even before Mr. Parker asked, and the water is being tested for suitability for irrigation uses.
  • Public Communications-
  • Council Communications-
    • Mr. Hatley said the planning meeting this weekend was well worthwhile, and he appreciates staffs' efforts, and the City of Frisco.
    • Mr. Rozell echoed that, and congratulated Mr. Patterson on his pending retirement from the military. He also asked everyone to pray for rain.
    • Mayor Grooms congratulated Mr. Patterson. The kids who were recognized recently for their swimming abilities had their teams place seventh, third and third in state this past week. He too thinks the planning meeting was very good, saying it is the first time in 9 years such an opportunity has occurred.
• 2006-08-01 City Council with P&Z workshop
  • City Planner Nilssen reviewed highlights of the proposed Commercial Planned District, which has been worked on for well over a year. PD's must now be at least 5 acres, this new ordinance details all technical and engineering aspects and uses a point system, where a PD must have a minimum score to be approved.
  • Mayor Grooms said this is a very good start, and it may have to be tweaked in 6 - 9 months, but there should be no hesitation in tweaking.
  • Mr. Hatley said he's been bothered that companies with distinctive building styles couldn't come here before - this new plan will allow those.
  • Mr. Dobbs praised Ms. Nilssen for her work, saying she does an awesome job.
  • Mayor Grooms said high goals were set during this past weekend planning session, and the city staff will be seeing more work to do. He also said city staff is the most qualified it has ever been. He expects the next 12-18 months to be phenomenal. There have been over 500 housing starts inside the city limits this year, and two months remain in the fiscal year. The median income in Forney is now $87,000. Replying to a question about expanding the city limits, he said yes, more annexation will occur, and there will likely be some people unhappy about it.
• 2006-07-31 Bond Advisory Committee
  • During a 2-1/2 hour meeting, discussed the various projects and the potential tax impacts. The committee authorized the City Manager to draft a resolution calling for a bond election for: roads, park projects, and municipal facilities.
• 2006-07-24 FISD
  • During a 2.5 hour workshop, considered budget, facilities, and technology 4-year budget, along with which of the proposed bond packages should be on the upcoming ballot. The two preliminary packages chosen were to add enough space for another 1,000 students at the current high school, and to build a new campus on currently owned land.
• 2006-07-24 FISD Special called meeting
  • Refinance and Bond Sale for High School Addition - Mr. Adams of First Southwest addressed the board, explaining the proposed $10 million bond and the $2.56 million bond. This will cost about $160,000 and will keep the tax rate from jumping up quickly over the next few years.
  • Employed personnel as recommended by the administration.
• 2006-07-18 City Council
  • Presentations:
    • FPLE presented a check for $12,000 to the City to help pay for the Fire Departments' defibrillator. Mayor Grooms thanked FPLE for their continued support of the community.
    • Four local 8-year-olds were recognized for having advanced to State level in swimming competition.
    • Dick Demien of IESI gave a "state of the garbage" report. The IESI contract runs until 2011, and they invested $350,000 in equipment for Forney, and have eight employees and one supervisor just for Forney.
  • Public Hearing: Amendment to the Comprehensive Plan along Broad Street (with Mayor Grooms abstaining from discussion or voting) -
    • City Planner Nilssen briefed the council on how this item made the circuit from a citizen petition to the council, which sent it to the P&Z for review, which voted 5-2 against making a change to the current zoning, preferring instead to wait for the upcoming review of the Comprehensive Plan. She stated the city is growing at about 25% per year, the Comp. Plan is about 5 years old now, and should be a future-looking document. Staff feels no substantial changes have occurred in the area to warrant an amendment now, but when the Comp. Plan is reviewed, consideration should be given to having a "small area plan" for the downtown area, including Broad St.
    • John Wiley Price thanked staff for their work on this task, and congratulated Forney on its amazing growth. He knows that part of planning is to have property at its "best and highest use" and asked that the zoning be left as it is.
    • Gloria Crosby said she was against the P&Z ruling, and living on Broad St., it is unfair that a property owner can't develop a lot except as a business.
    • Michael Hall said he is against the current zoning. He feels the residents weren't given enough information, and a decision was made for them, as if they were children.
  • Council voted to deny making any changes to the Comprehensive Plan. During discussion, Mr. Vike said he would prefer to have this considered during the Comp. Plan review. Mr. Parker said he was on the P&Z when the Comp. Plan was adopted, and many people didn't fully appreciate what was happening. He is sympathetic to t the home owners, but agrees with Mr. Vike about waiting for the Comp. Plan review. Ms. Powers agreed, saying the neighborhood was sentimental to her, and she understands the owners concerns. Mayor Grooms spoke to the audience, explaining the Comp. Plan review was budgeted for this next year, and should start in about October. The city will hire an outside consultant, and will have a citizen panel, as before. As someone pointed out during the P&Z meeting, Broad St. is like a driveway from Forney to the retail centers. Ms. Nilssen stated that this issue would proceed no further, this was the final action. When the steering committee is formed for the Comp. Plan review, they will try to have small area public meetings. Mayor Grooms said he would like to get council approval to form a Downtown Association, to keep the area from becoming stagnant. He urged residents to keep an eye on the front door for agenda postings. Mr. Rozell wants everyone to know he spent a lot of time thinking about this zoning change, and if there wasn't a Comp. Plan review already scheduled, the outcome would probably have been different. He attended a meeting yesterday, the members of which were very condescending towards the council. Defining the "highest and best use" for property doesn't pertain to just the individual, but to the whole city.
  • Public Hearing: rezoning request, AG to PD for General Retail, Place LeGrand
    • City Planner Nilssen briefed the council on the planned development of about 38 acres, stating the landscaping is more than required. There is some likelihood that the roads (FM 741 and 548) will be widened in the future, requiring additional ROW, which the developers are aware of.
  • Approved rezoning request, AG to PD for General Retail, Place LeGrand.
  • Approved ord. #1187 extension of the boundary limits of Forney and annexation of 3.8 acres.
  • Approved ord. #1188 re: Place LeGrand PD. Mayor Grooms stated this is the best PD he's seen yet.
  • Approved revised prelim. plat, Forney Center PD. This is the old Bingo site - the action "flips the lots" in back.
  • Approved revised final plat, Forney Center PD, Lot 1A, Blk A.
  • Approved final plat Monitor Blvd and Rogers Parkway in Fox Hollow.
  • Approved Fox Hollow PD Phase 2A revised final plat.
  • Approved prelim. plat, Park Creek Gardens (H&P PD). This is the residential portion of the PD near Kaufman St. and Park Creek, of about 70 lots.
  • Reappoint Roger Cross to the P&Z.
  • No action re: appoint a member to the board of adjustments.
  • Appoint Mr. Rozell to the EDC, replacing Mr. Hatley, who resigned.
  • Assistant City Manager Brooks -
    • Mr. Patterson recently had a meeting with regional and area TxDOT engineers re: delays on signal lights. Waiting for final word on results from the meeting.
    • Pinson Rd. will be closed from midnight to 5AM for the next three nights while concrete is poured. Mayor Grooms said he has asked TxDOT to find some way to get Pinson finished before school starts.
• 2006-07-11 City Council
  • Approved amending Article 12.300 of the Code of Ordinances, as heretofore amended, establishing maximum lawful Prima Facie speed limits for FM 460, FM1641 and FM 548. The limits were apparently set to TxDOT recommendations.
  • Re: Capital Budget Transfer and award of bid for EastSide Project: Approved awarding bid of $3.7 million to 4D Construction and transferring $519,000 from the contingency fund. This was needed as the project was budgeted at $3.4 million, but the cost of asphalt and pipe has increased due to petroleum costs. This is phase 2 of the EastSide project, covering streets, sewer and drainage.
  • Approved Interlocal Agreement with Kaufman County for roadway repair to portions of CR 212 and Reeder Rd. For the portions of these roads that are now in the City Limits, this agreement provides for the City to pay for materials while the County provides the labor. These upgrades will also allow an alternate route to the new FMS in Windmill Farms.
  • City Manager Patterson -
    • Held first Bond Committee meeting last night, and will have a meeting every week to get a proposal before the council
    • Urges everyone to be careful around the construction projects underway around town, after a tragic fatality near Windmill Farms.
    • He will be out on vacation next week, Brian will sit in for him
    • Mr. Parker inquired about the very short amount of time allowed for payment of water bills - Mr. Patterson replied that issue is caused by an ordinance problem, and is being worked on.
    • Mr. Rozell asked if after the 240 days for the EastSide project to be finished, would that be the end of construction? Answer: yes. The time is quite long because every driveway in the area will have its own concrete feed onto the street.
  • Public Communications -
    • Ms. Cunningham asked how the water reduction was coming along. Mr. Patterson replied the city has finally met its 5% reduction goal, but he fears it is mostly due to the recent rain. The lake level only has to drop one more foot to activate the stage 4 restrictions, which ban ALL outside watering.
  • Council Communications -
    • Mr. Hatley thanked those on the Bond Committee for serving. He then asked that an agenda item be placed for the next meeting for accepting his resignation from the EDC, as he doesn't have enough time to devote to it. Mr. Rozell has agreed to be the new member.
    • Mr. Rozell said the Bond Committee looks to be a good group, and he thanked Mr. Patterson and Mr. Brooks for there work in presenting information to the committee. He also invited everyone over to Sammy Walkers BBQ for the Lions Club fish-fry.
    • Mayor Grooms was pleased with the 3rd annual fireworks show, and thanked the sponsors for their support. He recently attended a P&Z meeting, and thanked that board for their work. He mentioned the city staff has a more "can-do" attitude now than it did a year ago, and believes that attitude has trickled down from the top, and thanked Mr. Patterson.
• 2006-07-10 Bond Advisory Committee
  • During its initial meeting, which lasted almost three hours (this is a very condensed summary!):
    • Mr. Patterson explained how Certificates of Obligation and General Obligation Bonds were dealt with. He stated that once the city calls for a bond election, city staff is legally prohibited from promoting the bond. This task falls to the committee, which must also raise funding for publicity.
    • Elected officers:Brian Haughey as chairman, James Hatley as vice-chair, Cindy Calcaterra as treasurer, and Ray Wylie as secretary.
    • Mr. Patterson explained how the tax rate is made up of 16 cents for debt service and 33 cents for operations and maintenance. The rate is adjusted as needed based on property values, which is provided by the Appraisal District.
    • The bond proposal could be broken up into three separate items: roads, parks, and justice center.
    • The reason for the City to sell bonds to upgrade TxDOT roads is mostly because TxDOT projects tend to take 12 years or more. The legislature has provided a work-around in the reverse toll pass-through, which means after the city has finished building the new roads, TxDOT will reimburse the city based on the amount of traffic, over a 20 year period. However, it will likely take 3 years to complete the first project, during which time the city will not receive funds from TxDOT.
    • If the bond passes, it will take about 18 months to get designs and contracts done before construction can start.
• 2006-07-06 P & Z
  • Approved, as consent items:
    • Final plat - Fox Hollow, Phase 2A: revision of 82 acres, concerning 51 acres with 171 lots and 7.3 acres of park land.
    • Final plat - Villages f Fox Hollow ROW - Monitor Blvd and Rogers Parkway.
    • Prelim. plat - Park Creek Gardens: this area is 12 acres residential and 8 acres GR (around No Limit Motors). Will have 70 lots, 8 ft. arterial trail connecting to the other Master Plan trails, and $14,000 fees in lieu of park land.
    • Revised prelim plat - Forney Center PD: moves the hotel to the East side of the property.
    • Revised final plat - Forney Center, Lot 1A, Blk A
  • Public Hearing -
    • Re: application of Whitney Heritage requesting change in zoning from AG to PD (with an amendment to the Comprehensive Plan) to be more commonly known as "Place LeGrand". Approx. 38 acres recently annexed at FM 548 & FM 741, 2.7 acres on the SW corner, the rest on the SE corner. As this plat has been worked on for so many months, no attachments are needed for stipulations. This development will have waterfalls, outdoor dining, possibly office space, and about 25% open (green) space. The parking lot islands will have trees.
    • Lori Leonard asked how sewer services would be provided to this property, and whose land it would cross (the homes in that area are on septic systems). The consensus was that the sewer lines would probably come down FM 548.
  • Approved application of Whitney Heritage requesting change in zoning from AG to PD (with an amendment to the Comprehensive Plan) to be more commonly known as "Place LeGrand", after making sure alcohol sales were not allowed in this area, and with the proviso that the city assigns suite numbers (for 911 services).
  • Public Hearing -
    • Consider an amendment to the Zoning Map (adopted Aug. 19. 2003) with an amendment to the Comprehensive Plan of the City of Forney (adopted June 5, 2001) for that portion of the City generally to include properties that have frontage on the N. and S. side of Broad St (FM 688) from the centerlines of Alexander and Cedar Streets and that is currently zoned General Retails and Central Business Overlay District (CBT). The amendment is to consider rezoning the effected properties to Single Family (SF-6). Item was tabled due to process questions
    • This item has been withdrawn by staff, so no hearing or action was necessary or taken. The belief is that the Comprehensive Plan should be changed first, as it is the basis for zoning.
  • Public Hearing -
    • Consider an amendment to the Comprehensive Plan of the City of Forney (adopted June 5, 2001) for that portion of the City generally to include properties that have frontage on the N. and S. side of Broad St (FM 688) and that is currently zoned General Retails and Central Business Overlay District (CBT). The amendment will consider changing areas of Broad Street from retail to residential on the Future Land Use Map.
    • City Planner Nilssen explained while a Comprehensive Plan is expected to last 20 years, it does need updating every 3-5 years, and it so happens an update is budgeted for this year. However, nothing has changed along Broad St. to warrant changing the Comp. Plan. Staff recommends denying this change, but instead developing a Small Area Plan during the Comp. Plan update.
    • William Lewis said he agrees with Ms. Nilssen, to wait until the Comp. Plan is changed as a whole, and take into consideration drainage and traffic in the area.
    • Michael Hall stated he still has a problem with the way folks were notified, and citizens haven't been given enough information.
    • Gloria Crosby pointed out that Broad St. is the only street that goes from one end of the city to the other, and she believes the city wants that property, but the homeowners are standing in the way. The zoning will make senior citizens homeless if a natural disaster occurs (by not being able to rebuild destroyed homes). Somewhere down the line will make all of Broad St business and push everyone out to make way for condos or such.
    • Mary Hayes asked that the Comp. Plan not be changed. She listed many people she knows who worked on the Steering Committee and spend a lot of time working on the Comp. Plan, and feels they had a great deal of foresight.
    • Duane Hall said he sees friends, neighbors and investors here, but investors have no interest other than money. He asked that homeowners be allowed to keep their property and maintain it as residences.
    • Pat Adams asked if this property were owned by a developer now, would the city allow them to divide it into lots with homes and driveways that back out onto a busy thoroughfare? The highest and best use for this area is not residential, and the market will dictate how long it takes to make the slow transition. He urged the zoning remain intact.
    • Randy Philbeck stated he would like the plan to stay the same.
    • Ms. Nilssen received one written comment on this item, from the FEDC, which asked that the Comp. plan not be changed now, due to the upcoming review.
  • Discussion:
    • Chairman Dobbs told Ms. Crosby that she struck a nerve w/ him re: being able to build a home on her property, and he does not want anyone to be forced out. But Forney has had a bad downtown, ever since he was a kid, and now Broad St. is in the middle of a big town. He won't allow condos or strip malls in that area, but do have to look at things like connecting the town to the Wal-Mart area. He stated the actions taken tonight aren't aimed towards anyone.
    • Mr. Yandell stated he and Mr. Alexander were on the P&Z when this first came up, and the public had nothing to say on it then. There was no intent by the board to get anyone out of their property.
    • Mr. Wilkins mentioned that the Comp. Plan changed Broad St on both sides of Forney, from Daniel Implement on the west, to the East side.
  • Denied by 4-2 vote (Wilkins & Alexander voting no) an amendment to the Comprehensive Plan of the City of Forney (adopted June 5, 2001) for that portion of the City generally to include properties that have frontage on the N. and S. side of Broad St (FM 688) and that is currently zoned General Retails and Central Business Overlay District (CBT).
• 2006-06-20 City Council
  • Public Hearings -
    • First Public Hearing - consider annexation petition from Jay Webb for 3.8 acres. There was no public input.
    • Consider amendment to an existing Conditional Use Permit for Beary Best Academy - approx. 4 acres located at 929 FM 741. An additional building, similar in appearance, will be constructed, with 6 more parking spaces. A covered walkway will be added between the buildings. A five foot sidewalk will be built along Holly Leaf.
         Buster Johnson, owner of Beary Best, was the only speaker. He did mention the sidewalk will appear to connect to nothing - Mr. Patterson said plans were to have connections to it, and hopefully a school crossing added in the future.
  • Approve ordinance #1183 re: CUP amendment for Beary Best Daycare.
  • Approve final plat, Villages Of Fox Hollow Phase 4. This is for 135 lots on 54 acres.
  • Approve final plat - Mustang Crossing PD, Shops at Mustang Crossing, Lot 1 Blk C, which is 1.4 acres, South of the Lowes lot.
  • Approve final plat, City Plaza PD Lot 1 Blk 1, which is 3.4 acres at FM548 & FM1641.
  • Approve amendment to wholesale water contracts between City of Forney and Highpoint, Markout and Talty water supply corps.
  • Authorize the Mayor to execute, on behalf of the City, a letter agreement with TXU Electric Utility related to the Jan. 27, 2006 extension and modification of settlement agreement. Marshal from TXU detailed the agreement, which requires the city to continue to not be involved in the Coalition of Cities which filed suit against TXU. Forney will receive the same amount as cities in the Coalition receive. If a long list of things don't happen, TXU will continue to pay Forney until June 2008, and increase the franchise fee by 5%.
  • On recommendation of the P&Z, remove Robert Smith from office.
  • Appoint Mr. Rozell as Council Member to the 2006 Bond Committee established by resolution #06-03.
  • Appoint David Johnson and Wade Gent to the Planning & Zoning commission.
  • Appoint Bill Cates, Jay Calvin, Tyler Moore, and Frank Burns to the Economic Development Corp.
  • Appoint Thomas Bedingfield, Curtis Marshall and Prevell Hardin as alternate members to the Board of Adjustments.
  • Second Public Hearing - consider annexation petition from Jay Webb for 3.8 acres. There was no public input.
  • City Manager Patterson -
    • Pinson Rd. project is coming along, despite digging up a previously unknown utility. The road will remain one-way, North - bound only, until the construction is completed.
    • Drought restrictions - usage is down some. Most citations to this point have been warnings, but fines will be issued now. He congratulated the water supply corps for reducing their usage.
    • Introduced Brian Brooks, the new Assistant City Manager, who comes here from Kerrville, by way of Ennis and Duncanville.
  • Public Communications
    • Christie Cook asked about the green-space behind sonic, whether the water rationing was the reason it looked so bad. Mayor Grooms replied that is TxDOT property, and it is part of the wetlands remediation.
  • Council Communications - all members welcomed Mr. Brooks, and:
    • Mr Holler thanked the Rotary Club for having Forney look so good on Flag Day.
    • Ms. Powers thanked Mayor Grooms for helping with the Eastside Juneteenth event.
    • Mr. Rozell said the Juneteenth event was well attended.
    • Mr. Parker jokingly offered his condolences to Mr. Brooks, then welcomed him to the team, and congratulated the appointees that were placed to boards tonight.
    • Mayor Grooms said in the past, getting one application for an opening was difficult, now the city gets several applications for each opening, which is good. The fireworks show is July 1 at 9:15, parking at FHS & FBC. He warned folks to check their sprinkler systems after any power outages, because if they turn on at the wrong time of day, fines could be made. He thanked the Rotary Club for the Flag program. He estimated 75-100 folks were at the Juneteenth event yesterday.
• 2006-06-12 FISD
  • Held a marathon 4-hour workshop on Facilities Planning, during which the board discussed and reviewed demographic studies, enrollment trends, facilities requirements, and considered various reasons why the bond proposal was voted down. Aiming for another bond election in November, the board gave the Administration directions on preparing a bond presentation of $130 - $160 million, including a "secondary campus", about 4 primary schools, and land for another 4 schools. This proposal appears to have fewer primary schools, and no third FMS, compared to the bond proposal that was just denied. It appears the Facilities Assessment Committee will not be involved in crafting this proposal.
• 2006-06-06 City Council
  • Presentations for City Council Service Recognition to Phil Wood and Skip Weatherford. Mr. Weatherford congratulated Ms. Powers and Mr. Holler, said it was an honor to have served, but he had to leave to watch his grandkids.
  • Proclamation - June 6 is now Don Themer Day. The proclamation was read in turn by 5 councilpersons who had Mr. Themer for their teacher in FHS - Rozell, Hatley, Powers, Vike and Holler. Mr Themer recounted a favorite Twilight Zone episode where a retired professor is before a panel of his former students. He is proud to see 5 of his former students (some of his best students, he said) on the city council.
  • Recess for 20 minutes for cake and punch for the honorees.
  • Approved an ordinance limiting the ad valorem taxation of a residence homestead of an individual over the age of 65 or a disabled individual for tax years commencing in 2006; providing a severability clause, a repealing clause and an effective date.
        Mr. Patterson pointed out that the definition of "disabled" is not made by the city - it is defined by the tax code. Anyone wishing that exemption must apply with the Appraisal District.
  • Approved ordinance amending Article 11 of the Code of Ordinances by deleting Section 11.207 related to discounts for early payment and direct staff to forward such ordinance to the County Tax Collector. Forney is the last city in the county to remove early payment discounts.
  • Accept annexation petition from Jay Webb for 3.8 acres in the Samuel Smith Survey, Abs. #450. This property is located near Hwy 80 and CR211.
  • Direct staff to publish notice June 7 in newspaper of annexation petition from Jay Webb for 3.8 acres.
  • Call for public hearings on June 20 to consider annexation petition from Jay Webb for 3.8 acres.
  • Approve ordinance denying Atmos Energy Corp. Mid-Tex Division's statement of intent to increase the gas utility rates in the City of Forney.
  • City Manager Patterson -
    • Stage 3 rationing has been implemented, and it has been interesting. It appears to be reducing usage in the city, and the Supply Coop's are being monitored daily to gauge their usage trends.
    • Pinson Rd. has been made one-way, North. It will be this way for several months, but this should be the easy part of the project.
    • The $8 million pump station #2 project is underway - that is the construction happening on the N. side of Broad St. on the E. side of town.
    • Drainage & Sewer along Buffalo St. is being started, and as promised, it resembles a war zone. Bids will be opened on June 9 for the contracted portions.
    • In response to a question by Mr. Hatley, stated the amount of time being spent on implementing and responding to the Stage 3 rationing has prevented getting the Bond Committee to meet.
    • Reminded everyone that for the first four days of rationing, enforcement has been limited to warnings, but that time has ended. Should someone acquire 4 citations, their irrigation system may be disconnected from the water supply.
  • Held a 65 minute Executive Session - Review of City Manager
  • Re: Annual Performance Review of City Manager - Approved motion to "direct city manager to move forward with items discussed in executive session" - no details were provided.
  • Council Communications
    • Mr. Holler thanked everyone for coming to the meeting.
    • Mr. Vike thanked Weatherford and Wood for their service, and congratulated Mr. Themer on his retirement. He also discussed the request from Judge Ashcroft for a workshop meeting, tentatively scheduled for June 21.
    • Ms. Powers thanked everyone for coming to the meeting.
    • Mr. Hatley congratulated Mr. Themer, thanked Weatherford and Wood for their service, and thanked Mr. Patterson for being here a year.
    • Mr. Rozell thanked Weatherford and Wood, and thanked Mr. Themer for the 2 years that Rozell had him. He thanked Mr. Patterson for putting up with the council, and Mary Nichols for her work on
    • Mayor Grooms mentioned that Highpoint Water Corp. had 2 board members die in the past week. He hopes that citizens will continue to abide by the water restriction rules.
• 2006-06-05 FISD
  • Kelly Educational Staffing Contract - Approved renewing of contract, which is an increase of about $8900 over last year (based on same number of absences as last year), or 6%.
  • Architects/Construction Manager Report(s) - lots of moving to get into new facilities; FMS movers will start next week. AEP has moved into new building already. The old buildings across parking lot from admin. building will be removed during the next couple weeks. Lewis elementary punch-out this Thursday - everything right in line district wide. Windmill Farms only on stage 2 water rationing so are proceeding with football fields etc at new Middle School.
  • TASB Policy EEB(Local) - Instructional Arrangement: Class Size - Policy for secondary (grades 5-12) have been at 27-1 but want to increase to 30-1. Intend to start out at 25/27-1 at the beginning but would allow for rapid growth during the year. Any time it exceeds 30 students in core subjects the board would be notified. Bell recommends putting on consent item on July meeting.
  • TASB Delegate Selection - Delegate Bell volunteered, Alternate Dr. Taylor volunteered, Board concurred.
  • 2006-2007 Salary Schedules to Include Paraprofessionals, Teachers, and Administrators - Finance people in Austin still working on new funding information based on the new State Law. The school has no choice on the salary schedule increase mandated under new funding bill -- have to add $2500 for each teacher plus their step. The total new cost is $1,495,168, which does not include Support staff and Administrators. Administration suggesting Support staff receive 3.5% increase plus $500 medical insurance stipend . Will act on Administrators salary in July but project that administrators will get 4% and no $500 stipend.
        Approved state mandated teacher salary plus Support Staff increase of 3.5% + $500.
  • 2006-2007 School Start Times - Linda Jacobs went over projected start and end time schedule for next year. Need to have times split so that primary and secondary schools don't ride on the same bus whenever possible. No board action required, as a consensus they will support this item.
  • Preliminary 2006-2007 Budget and Tax Rate - The tax rate will be mandated to the district -- the formula still in the works. There will be discussion in next regular session about taxpayers with frozen taxes (over 65 & disabled) - they will be paying more than the current tax rate now if their frozen rate is more than the current rate. School districts across the state are still trying to figure out how the new funding bill will work and what effects it will have on schools.
  • After a 2 hour Executive Session -
    • Employment of Professional Contract Personnel - hired personnel as recommended.
    • Future School Sites - took no action.
• 2006-06-01 P&Z
  • Held another 30 minute workshop on Commercial PD ordinance.
  • Approved, as consent items:
    • Final Plat Villages of Fox Hollow, Phase 4 - 135 lots, 54 acres, approx. $27k in fees for parks.
    • Final Plat Shops at Mustang Crossing, Lot 1, Blk C
    • Final Plat City Bank - City Plaza PD, Lot 1, Blk 1
  • Public Hearings -
    • Tabled until July 6 item - Public hearing to consider an amendment to the Zoning Map (adopted Aug. 19. 2003) with an amendment to the Comprehensive Plan of the City of Forney (adopted June 5, 2001) for that portion of the City generally to include properties that have frontage on the N. and S. side of Broad St (FM 688) from the centerlines of Alexander and Cedar Streets and that is currently zoned General Retails and Central Business Overlay District (CBT). The amendment is to consider rezoning the effected properties to Single Family (SF-6). Item was tabled due to process questions about amending the Zoning and the Comp. Plan together. Members of the public were allowed to speak:
      • Michael Hall said he had given a petition to the city council, but was told it wouldn't go far. He feels the residents of the area are quite capable of making their own decisions about their property, and don't need folks who've only been in Forney 10-15 years making decisions for them. When asked, his main concern was having to get special permission to build a house in this area. The commissioners believe no such permit exists - houses simply can't be built in this zoning.
      • Gloria Crosby said she signed the petition, owns several lots in the area, as do her family, and she doesn't want to live next to a business. Some of her relatives would like to move back here, but they can't build a home on the vacant lots she owns. Her family goes back 3 generations, and this area has always been residential.
    • Tabled, due to remaining issues about traffic impact analysis, item - Public Hearing to consider the application of Whitney Heritage to change from AG to PD (with an amendment to the Comprehensive Plan), to be more commonly known as "Place LeGrand", approx 38 acres 35.5 is on SE corner of FM 741 & FM548 & 2.5 acres on SW corner of those roads. This item was tabled in May.
    • Public hearing to consider an amendment to an existing CUP for the Beary Best Academy, of approximately 4 acres located at 929 FM 741. An additional building is to be constructed to handle about 50 more kids.
          No members of the public spoke.
  • Approved an amendment to an existing CUP for the Beary Best Academy, of approximately 4 acres located at 929 FM 741.
  • City Planner Nilssen provided the commission with information showing that member Smith has missed the last four meetings (five, including tonight), and that the telephone number she has for him is inactive. The bylaws allow replacing a member who misses 3 consecutive meetings, and with summer here, it will be harder to achieve a quorum. The commissioners voted to have the City Council seek a replacement for Mr. Smith.
• 2006-05-25 Special City Council
  • Judge Ashcroft administered Oath of Office to Robbie Powers. Mayor Grooms said he was excited to have Robbie on the council, and she was the first African-American woman to be so elected.
  • Approved adopting an ordinance adopting a drought contingency plan, after City Manager Patterson briefed the council with a slide show. He stated the two goals are:
    1. Stay out of Stage 4 rationing - it's bad!
    2. Reduce current consumption by 5%
    Some of the actions that are prohibited:
    • hosing of paved areas
    • use of ornamental fountains, if they use treated water
    • washing of vehicles with a hose
    • allowing runoff
    • prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m.
    • swimming pools may not be drained and refilled
    A surcharge will be instituted for those using over 15,000 gallons. The average monthly use by commercial customers is 9,810; by senior citizens is 7,912; and by other residents is 12,200 gallons. Mr. Patterson thanked the Forney Messenger for printing the rationing advertisements for free, and showed the information that is on ForneyWater.com.
  • Adopted an ordinance amending Chapter 13, Utilities; Articles 13.100 - water rates, 13.300 - water and sewer utilities, 13.400 due date for utility bills, reconnection fees, 13.800 - illegal connections and tampering with water meters.
  • Approved a fuel surcharge for IESI trash and brush collection services.
• 2006-05-22 FISD Board
  • Approved as Consent Items:
    • TASB Policy FFA (Local) - Student Welfare: Wellness and Health Services
    • Extended Sick Leave Request
  • Recognized Forney High School Student Jennifer Hazelwood as HOSA National Qualifier
  • Mick Spellman and the Forney Historic Preservation League presented to Forney ISD a piece of artwork by Mary Coreen Spellman painted in 1928.
  • Tycoy Young addressed the board concerning the bond election failure. She said she was excited that the community is concerned enough about the district to become more involved in the process. She feels that every No vote cast in the election was due to the opposition having better funding and planning, and she wishes that they would have expressed their concerns in 2002, so the district and the Facilities Committee would have known they would have to start over. She hopes that parents and concerned citizens will realize they have to come to board meetings, read the paper, and become actively involved in the schools. She stated their was no Great Conspiracy by the board or the committee to keep information from the public, that it is the responsibility of citizens to become involved in the process, and that she didn't see any concerned citizens at the informational meetings held in the weeks prior to the election. Further, the committee worked hard to make a plan that would last the district for many years, and she hopes that the district doesn't look back in a few years and find it is more expensive to do things then than it would have been now. She thanked Becky Dobbs and Sandi Fudge for their service and involvement, and hopes that the newfound concerned citizen will join in doing what is best for all the children in the district, not just the chosen few.
  • Canvassed Election Results
  • Issued Certificates of Election
  • Administered Oath of Office to Bruce Benedict and Tony Fitzgerald.
  • Organization of Board and Election of Officers - elected Keith Bell as President, David Walker as VP, and Al Hogan as Secretary.
  • Adopt 2006 Media Honor Roll Resolution
  • Tobacco Compliance Grant for School-Based Police
  • Architects/Construction Manager Report(s)
  • Forney High School Additions
  • Girls' Locker Room
  • Network Operations Center
  • Golf Hitting Cages
  • Forney High School Cafeteria
  • Forney High School Security System
  • Criswell Elementary School Restroom Renovations - not recommending these tonight.
  • Approved the base bid for new wing of high school and add-ons 1, 5, 6, 8 and 9.
  • Lewis elementary getting close to completion, punch-out next week.
  • Construction documents are about 95% complete on tear-down and reconstruction of old middle school.
  • 2006-2007 Preliminary Budget Information
    • House Bill 1 passed and will probably become law.
    • Electricity costs are up 61% now that their 3-year contract has expired.
    • To balance next year's budget, the district would have needed an additional $815,000 to balance the budget, under the new law will need an additional $966,415.
    • Maximum tax rate under House Bill will be 1.295, which is 16.5 cents lower than the current rate. During fiscal year 2007-2008 the rate will be reduced further.
  • TASB Delegate Selection - moved to June 5.
  • After a 20-minute Executive Session
    • Approved Employment of Professional Contract Personnel as recommended.
  • Announcements and Adjournment
  • June 12 at 6PM Facilities Planning Workshop.
• 2006-05-16 City Council
  • Approved Resolution 06-05 canvassing the 2006 general election.
  • Administered Oath of Office to Darren Rozell & David Holler.
  • Mr. Wood stated that, on ending his six years of service, a lot has changed in Forney, with the council defining a path for growth. He has retired from SBC, and is now working with disadvantaged children. During jury duty a few weeks ago in Judge Norvilles court, the Judge stated it wasn't her court, but the public's court - being on the city council is like that, and the duty should be taken with honor and respect.
  • Elected Rodney Vike as Mayor Pro-Tem.
  • Mr. Tyler Moore briefed the council on the Rotary Club, its mission, and in particular the flag leasing program, where Rotarians will take care of putting up & taking down a flag at your home or business for $48 / year for the six flag holidays.
  • Public Hearings-
    • Application of 4S Development Inc. for a concept plan and text amendment to a portion of the Park Trails PD District, re: the portion called out as Lot 9A, Blk W located to the East of the extension of Longhorn Lane, to be more commonly known as the Park Trails Amenity Center. This is about 4 acres. The change will allow an amenity center by right, rather than by Conditional Use Permit. No one from the public spoke.
    • Consider amendment to the City of Forney Thoroughfare Plan, primarily in the NE & SE quadrants of the City. No one from the public spoke.
    • Application of Uptown-Summers Forney Partners, L.P. to approve a concept plan amendment to a portion of Mustang Crossing PD, re: the portion E. of the proposed Lowes and N. of Hwy 80 frontage road to be more commonly known as the Shops at Mustang Crossing, of about 5.5 acres.
          Barbara Yates asked if the text should really read Mustand Crossing...
  • Approved Ord. #1174 re: the Uptown-Summers Forney Partners, L.P. concept plan amendment to a portion of Mustang Crossing, as listed above.
  • Approved Ord. #1175 re: the 4S Development Inc. concept plan and text amendment to a portion of the Park Trails PD District, as listed above.
  • Approved Ord. #1176 re: amendment to the City of Forney Thoroughfare Plan, primarily in the NE & SE quadrants of the City.
  • Approved prelim. plat - Shops at Mustang Crossing - 3 lots.
  • Approved site plan - Shops at Mustang Crossing - Lot 1.
  • Approved Revised site plan for Marquis (Maravee) Self Storage, located at FM 548 & Don T. Cates, adding fencing. About 30-40 ft of the masonry fence will be allowed to be wrought iron, as an easement for water lines exists there.
  • Approved Prelim. plat for Forney FEDC, ph. 2 of 50 acres.
  • Approved Prelim. & final plat, and site plan for NTMWD Pump Station - 6 acres with 2 reservoir tanks. Some portion of Kaufman St. will be constructed as part of this project.
  • Approved Prelim. & final plat, and site plan for Hibernia Bank, Mustang Crossing, Lot 5 Blk A, E. of Wendy's, 1.5 acres, building of 5,300 sq. ft. and 43 parking lots.
  • Approved Final plat for Shafer at Mustang Crossing, Lots 4, 5, 6 & 12
  • Approved Site plan for Shafer at Mustang Crossing, Lots 6 & 12 - 3 retail restaurant style buildings of about 15, 10 and 6 thousand sq ft.
  • Approved Final Plat - Villages of Fox Hollow Ph 2 - 113 lots, 9 acres of park plus park fees.
  • Approved Final Plat - Wilbur Addition - Vet Clinic on 2 acres. Plans are for the existing building to be demolished after the new one is built.
  • Approved Prelim. plat - City Plaza PD, of 11 acres and 4 lots.
  • Approved Site plan - City Bank - Lot 1, Blk 1 - 3 acres,
  • Awarded bid of about $856,983 to Fox Construction for Pump Station #2 water transmission line. Mr. Patterson stated the $6.2 million project was well within budget, even after having to pay an extra $459,000 for agreements with Windmill Farms that they backed out on.
  • Accepted public improvements of Wendy's.
  • Approved Ord. #1177 amending Section 4.400 of the Code of Ordinances re: peddlers & solicitors, removing the section requiring fingerprinting of applicants.
  • Accepted public improvements for Highland Prairie Subdivision, Phase 4.
  • Approved a contract for Professional Services related to the provision of a pyrotechnics (fireworks) display, for the 3rd annual July 4 display, to be held July 1, again on property of Fox Hollow by permission of Jim Bell.
  • Rescheduled the July 4 meeting to July 11.
  • City Manager Patterson -
    • Pinson Rd. project making progress - the final crossover for drainage was made today. In a few weeks the road will become one-way, and will probably be North-bound first.
    • Pump Station #2 pre-construction meeting was today, construction should start in a couple of weeks.
    • Signals at FM 741 & FM 548 are still approved and funded, TxDOT is working with the contractor on the project. Next will be the signals at Hwy 80 & FM 548, last will be the signal at FM 1641 & FM 548.
    • Stage 3 water rationing - it is for sure, will start June 1. Outside watering will be allowed only 1 day per week - on the N. side of Hwy 80, even addresses may water on Monday, odd addresses on Tuesday. S. of Hwy 80, even addresses may water on Thursday, odds on Friday. Wednesday is skipped to allow the system to recharge. No outside watering will be allowed from 10 AM - 6 PM, and home/hose washing of autos will not be allowed. As required, the city will adopt a tiered pricing system, where those using more water will pay a higher rate. In addition, the city will need to update its drought ordinance to match current requirements. The restrictions will be communicated by door-hangers, notices on the water bills, and signs placed around town. He stated the city will need help by citizens with enforcement of these restrictions. Fines are $125 for the first offense, $250 for the second, and $500 and possible disconnection of any irrigation system for the third offense.
    • Numbers are back re: the bond issue, and with approval of the council, the recently established bond committee will be convened.
    • An offer has been made to Brian Brooks to be Assistant City Manager, and he should start work in about two weeks.
  • Adopted a resolution proclaiming May 26 - June 2 as Relay for Life Week.
  • Public Communications -
    • Mr. Michael Hall stated he had recently sent a letter to the city regarding a personnel issue, which he has discovered was based on lies, and he wishes to withdraw the letter and disassociate himself from it.
  • Council Communications -
    • Mr. Parker congratulated the winning candidates, and thanked the unsuccessful candidates for participating in the democratic process.
    • Mr. Rozell agreed, stating it was nice to have contested elections. He hopes many will support the Rotary Club program, and wished the Lions Club had thought of it first.
    • Mr. Hatley congratulated the election winners. He said while some say the flag is just a piece of cloth, it is a symbol for all those who sacrificed so we may have our way of life, and displaying the flag is a small thing to do to show respect. He thanked Mr. Wood and Mr. Weatherford for their service.
    • Mr. Vike welcomed the winners, and thanked all who ran. He thanked the Rotary Club for the flag program. He also thanked the council for reappointing him as Mayor Pro-Tem.
    • Mr. Holler thanked the community for the support, and the Rotary Club.
    • Mayor Grooms welcomed the winners, and said Ms. Powers couldn't be here tonight because she is taking finals at college. He thanked the candidates for running a very clean election campaign.
• 2006-05-04 Planning & Zoning
  • Held a 30 minute workshop regarding a Planned Commercial District Ordinance.
  • Approved, as consent items:
    • Revised site plan for Marquis (Maravee) Self Storage, located at FM 548 & Don T. Cates, adding fencing.
    • Prelim. plat for Forney FEDC, ph. 2 of 50 acres.
    • Prelim. & final plat, and site plan for NTMWD Pump Station - 6 acres with 2 reservoir tanks. Some portion of Kaufman St. will be constructed as part of this project, for its eventual connection to CR 218.
    • Prelim. & final plat, and site plan for Hibernia Bank, Mustang Crossing, Lot 5 Blk A, E. of Wendy's, 1.5 acres, building of 5,300 sq. ft.
    • Final plat for Shafer at Mustang Crossing, Lots 4, 5, 6 & 12
    • Site plan for Shafer at Mustang Crossing, Lots 6 & 12 - 3 retail restaurant style buildings of about 15, 10 and 6 thousand sq ft.
    • Final Plat - Villages of Fox Hollow Ph 2 - 113 lots, 9 acres of park plus park fees.
    • Final Plat - Wilbur Addition - Vet Clinic on 2 acres. Plans are for the existing building to be demolished after the new one is built.
    • Prelim. plat - City Plaza PD, of 11 acres and 4 lots.
    • Site plan - City Bank - Lot 1, Blk 1 - 3 acres, building of 23,100 sq ft.
    Public Hearings -
    • Application of Whitney Heritage to change from AG to PD, to be more commonly known as "Place LeGrand", approx 38 acres 35.5 is on SE corner of FM 741 & FM548 ; 2.5 acres on SW corner of those roads. This item was tabled by request of staff.
    • Application of 4S Development Inc. for a concept plan and text amendment to a portion of the Park Trails PD District, re: the portion called out as Lot 9A, Blk W located to the East of the extension of Longhorn Lane, to be more commonly known as the Park Trails Amenity Center. This is about 4 acres. No one from the public spoke.
    • Consider amendment to the City of Forney Thoroughfare Plan, primarily in the NE & SE quadrants of the City. No one from the public spoke.
    • Application of Uptown-Summers Forney Partners, L.P. to approve a concept plan amendment to a portion of Mustang Crossing PD, re: the portion E. of the proposed Lowes and N. of Hwy 80 frontage road to be more commonly known as the Shops at Mustang Crossing, of about 5.5 acres. No one from the public spoke.
  • Approved the 4S Development Inc. concept plan and text amendment to a portion of the Park Trails PD District, as listed above.
  • Approved amendment to the City of Forney Thoroughfare Plan, primarily in the NE & SE quadrants of the City.
  • Approved the Uptown-Summers Forney Partners, L.P. concept plan amendment to a portion of Mustang Crossing, as listed above.
  • Approved prelim. plat - Shops at Mustang Crossing - 3 lots.
  • Approved site plan - Shops at Mustang Crossing - Lot 1.
  • Chairman Dobbs thanked the members of the public who were present, and urged the commissioners to invite more citizens to attend the meetings.
• 2006-05-02 City Council
  • Held a 50 minute workshop regarding a tax freeze for senior citizens, vs. the options of exemptions. The Mayor (along with several members of the public) was in favor of granting a larger exemption to reduce tax bills, but the exemptions would have to be renewed each year, and could be removed by future council actions. The permanence of the freeze was viewed by most councilmen as preferable, although the extreme permanence of it was a problem. City Manager Patterson stated that the average tax rate in the county, excluding the two cities without debt service, was .609 while the Forney rate is .49.
  • Appointed Katherine Coffman and Hattie West to the Board of Adjustments.
  • Approved Atmos Energy rate increase (which, as the Mayor pointed out, would happen whether approved or not).
  • Approved an agreement between N. TX Municipal Water District and the City of Forney for an additional point of delivery. Mr. Patterson stated this was an $8 million project, but about 1/2 of the cost would be borne by the wholesale buyers (listed below) that the city supplies.
  • Approved a wholesale water contract between the City of Forney and Highpoint Water Supply Corp., Markout Water Supply Corp. and Talty Water Supply Corp.
  • Authorized the City Manager, by 5-1 vote (Mayor Grooms voting no) to prepare an ordinance enacting a tax freeze for those over the age of 65 or disabled in accordance with the provisions of HB 136.
  • City Manager Patterson -
    • Pump Station #2 construction will be underway in 2 weeks. The multi-faceted project along Aimee, Buffalo, and Kaufman streets has started - the water line is being installed, bids for the other contracts will be awarded in about 2 weeks.
    • Met with TxDOT regarding work being done in the area, and is awaiting their response to questions. The FM 548 & 741 signal project is about 30 days behind schedule.
    • The water contracts approved tonight are a big deal, and the city had great foresight in joining the N. TX Municipal Water District, as it gets water at a significant discount. However, notice has been received that Stage 3 rationing will likely occur on June 1, requiring outdoor watering to occur only one day per week, and/or a tiered water pricing scheme, where those using more water will pay a higher rate.
  • Citizen input - the Mayor reminded the council that they are not allowed, per the City Charter, to discuss personnel matters in open session.
    • Michael Hall spoke stating he wanted to make the council aware that the person had been discharged, and that he felt the charges were erroneous and the person should be reinstated.
  • Council Communications-
    • Mr. Wood thanked the public for attending, especially the workshop.
    • Mr. Vike stated he struggled over the issue of a freeze vs. exemptions, and knew the exemptions would provide immediate relief, but the question was for how long...
    • Mr. Weatherford also said he would have preferred the exemptions, except they could have been revoked by future councils. He then asked the Mayor, since the Mayor had been seen putting up signs for Mr. Weatherfords' opponent, if he would help put up his signs.
    • Mr. Rozell stated the freeze enacted tonight would not provide immediate relief for seniors, but they had "drawn a line in the sand" by enacting this Very permanent policy. He then slyly suggested that seniors could make up the shortfall in city funds by encouraging their children to move to Forney.
    • Mr. Parker stated he, as an eligible tax payer, would have preferred a freeze And an increase in the exemptions.
    • Mayor Grooms stated he wanted to lower the seniors taxes by having greater exemptions, and then enacted the freeze later. He also told Mr. Weatherford that it was nothing personal, it was just politics.
• 2006-04-25 City Community Meeting at Little Flock Baptist Church
  • Mayor Grooms welcomed the crowd, then let City Manager Patterson present what he said was really a "multi-faceted infrastructure project", not just a drainage project. In the area of Aimee, Buffalo, Kaufman, McGraw & Easy Streets a new 30inch water line will be installed, the 6-inch sewer will be replaced with new 10-inch line, new inlets will be installed for better drainage, including some mid-block backflow inlets to help prevent standing water, and the ditches will be reworked. Also, along Main street work will be done to enhance flow to the storm drain at Chestnut. Mayor Grooms then said this is a $2.9 million project, money was set aside last September, and that work would start next week on the 30' line, on May 16 the city will open bids for the drainage portion, and this should be a 6-month project. He then took questions from the audience:
    • Will this work be done by city employees? No, all work will be by contractors, working for either TxDOT, N. Tx Water, or the city.
    • Driveways will be replaced, with properly-aligned culverts.
    • Will trees be replaced? No - grass will be replaced, but trees in the right-of-way won't be replaced.
    • Will the streets be repaved? No, just the portions dug up for the construction.
    • What is the street width? The streets are 20 ft, with 80 ft. right-of-way on Aimee & Buffalo, 65 ft on Kaufman.
    • As right-of-way goes so far into some yards, what about sprinkler systems? Damage to sprinkler systems will be repaired.
    • Will this project be started before Pinson Rd is finished? Yes...
    • Mr. Tennon questioned the validity of the right-of-way width.
    • Will the roads be widened? No.
    • Will sidewalks be installed? No, and they wouldn't be compatible with the drainage ditch improvements.
    • Will work be done all the way up to the stakes? Not necessarily - yellow stakes are the right-of-way markers, blue are for where the water will go, green for sewer. The 30-inch line will be installed on the south side of Aimee.
    Also attending the meeting were Councilman Rozell, Public Works Director Shook, City Engineer Dormeyer, and representatives from the contractors involved.
• 2006-04-24 FISD
  • Adopted Ordinance allowing issuance of $9.465 million in bonds. This leaves about $32.5 million available for future sale.
  • Approved employment of Professional Contract Personnel as recommended.
• 2006-04-18 City Council
  • Presentation by Robert Albritton, Railroad Controls Limited re: Federal Railroad Administration Quiet Zones. He explained that the use of wayside horns is considered equivalent to the train horn, and use of those does not establish a quiet zone, although the trains will cease blowing their horns. Use of medians or quadrant gates does require creation of quiet zones. After looking at the 6 public and 2 private RR crossings, they estimate the cost to be $250,000 using a combination of medians, street closings and wayside horns, or $450,000 using just wayside horns.
  • Public Hearing re: Application of DR Rankin, PLLC requesting approval of a concept plan amendment to a portion of Mustang Crossing PD, concerning the portion of the district on the West side of FM 548 know as Shafer Plaza at Mustang Crossing, consisting of 20 acres in the A. Hyer Survey, Abs. #203, City of Forney.
    • City Planner Nilssen briefed the council on changes from the original concept plan, and how changes to the thoroughfare plan and wetlands mitigation caused a road connection to be lost.
    • No one from the public spoke.
  • Adopt ord. #1172 approving the above concept plan amendment for Shafer Plaza.
  • Approve prelim. plat for Shafer Plaza, Mustang Crossing lots 1, 3-12.
  • Approve final plat - lot 3, Block B, Shafer Plaza.
  • Approve site plan - lot 3, Block B, Shafer Plaza. This is for a 12,000 sq. ft. building with 106 parking spaces.
  • Approve revised site plan - Wal Mart Super Store. This increases the outdoor sales use by 20 parking spaces, still leaving the store overparked by 5 spaces. Ms. Nilssen stated these spaces could not be used for storage - items must be available for consumers to place in a cart & buy. Jefferey Mathews spoke, stating at the P&Z meeting Ms. Nilssen said items couldn't be over head height, and Wal-Mart was already in violation of that.
  • Approve final plat - Trails of Chestnut Meadows Phase 4.
  • Approve site plan - Auto Tech Block 33, Lot 4, original Town of Forney - Stacie Petrie. The building will be revitalized, a gable roof will be added to a portion of the building, the overhead doors will be replaced by windows, and 17 paved parking spaces added.
  • Approve final plat - City of Forney pump station #2.
  • Approve site plan - City of Forney pump station #2.
  • Approve prelim. plat - Whataburger at Mustang Crossing, Lot 9, Block A.
  • Approve final plat - Whataburger at Mustang Crossing, Lot 9, Block A.
  • Approve site plan - Whataburger at Mustang Crossing.
  • Approve prelim. plat - Autozone at Mustang Crossing, Lot 11, Block A.
  • Approve final plat - Autozone at Mustang Crossing, Lot 11, Block A.
  • Approve site plan - Autozone at Mustang Crossing. Mr. Hatley asked if any ordinances prevented people from working on their cars in the parking lot. The consensus was that the parking ordinance would probably prevent that - if not, a new ordinance would be crafted.
  • Fail, by 2-4 vote, to direct the City Manager to prepare an ordinance enacting a tax freeze for those over the age of 65 and the disabled in accordance with the provisions of House Bill 163. The concerns were the fact that this ordinance could never be revoked or changed (except by a state constitutional amendment), and that other options available might provide better relief. There was discussion about putting this on a ballot for vote by the public. Mr. Billy Smith spoke, saying the ISD, County, & Road & Bridge all have frozen taxes for Seniors, which is why he approached the City Manager & Mayor about this. He also expressed concerns about having this item on a ballot. Jefferey Mathews spoke, stating it wasn't clear what tax the freeze would be on, & what percentage would this freeze amount to? He favors a public vote, & suggested a sliding scale for the freeze, to prevent someone famous coming in & getting a freeze on a multi-million dollar property. Mr. Patterson replied the freeze would be on the ad valorem tax. Finally, the council voted to have the City Manager prepare a report with the other options for Senior Citizen tax relief, & scheduled a workshop for May 2, 6 PM, prior to the regular meeting.
  • Award bid for pump station #2 and ground storage tanks to Graycon for $4,863,000. Mike Shook, recently promoted to Public Works Director, explained this would increase storage from 0.5 million gallons to 4 million, and two more tanks may be added in future. Current pumping capacity is 9,000 gallons per minute, this will add 12,600 gallons per minute.
  • City Manager Patterson -
    • Thursday at 4PM will be a ribbon cutting at the EastSide Park, where new equipment has been installed. Friday at 4PM a ribbon cutting at Mulberry Park for the new concession stand. These park projects have cost about $800,000.
    • Urged everyone to get a Water IQ flyer, and read up on proper watering procedures, and be prepared for rationing this summer.
    • Re: dilapidated buildings mentioned by citizens at the last meeting - they are making an inventory of such properties, which is the first step required by law. It costs $25,000-30,000 to demolish a single family home, and legal proceedings take 6-12 months.
    • On April 25 at the Little Flock Baptist Church there will be a neighborhood awareness meeting to explain the projects already scheduled for the East side area - about $2.9 million on drainage, water & sewer upgrades, & streets.
    • In response to a question by Mr. Parker whether the city could take the initiative on the quiet zones, rather than the EDC, Mr. Patterson replied the city could, but it would be fruitful to allow the EDC to continue, and some funding might be available that the city wouldn't have.
      • Scott Taylor spoke, stating you get used to the noise (he lives in a high-decibel zone), and this seems like a lot of money to spend on something you get over. Mayor Grooms replied quiet zones help when soliciting new businesses, so it will pay back the investment.
      • Barbara Yates pointed out for seniors meeting in the Layden Center, and others in the high-noise zone, the noise is quite a problem.
    • 2005-2006 mid-year budget report, presented by Susan Way with a slide show with charts and graphs showing trends since 1999. The report lasted about an hour.
  • Public Communications-
    • Jefferey Mathews stated the public should have been allowed to ask Mr. Albritton questions, and asked if the wayside horn "X" indicator was really visible from 1/4 mile away. He asked how the decibel level could be different using wayside horns instead of the train horns. He said the city engineer should be present at P&Z meetings to answer questions.
  • Council Communications-
    • Mr. Wood was pleased with the budget, and thanked the staff for keeping track of all the nickels & dimes.
    • Mr. Weatherford thanked the public for attending, is excited about the projects underway, and thanked Mr. Patterson, Ms. Nilssen and Ms. Way & their staff.
    • Mr. Hatley congratulated Mr. Shook on his promotion, and thanked the finance dept. for their work.
• 2006-04-10 FISD
  • Honor 14 band students who qualified for State.
  • Approve 2006-2007 Teacher Salary Schedule, after discussing options for employee life & health insurance premiums, and making it clear that if the state does mandate a proposed $2,000 across-the-board increase, that will be inclusive of this increase.
  • Approved request for additional staffing needs. This adds 55 new employees, of the 107 that were requested.
  • Approved request for Easement from N. TX Municipal Water District - easement will be in front of the FHS, and the FISD will receive about $29,000.
  • Award bid for Energy Management System to Control System Consultants, with Cohesive Automation as the backup winner.
  • Award bid for Voice & Data Cabling to CMC.
  • Took no action re: TASB Policy FFA (Local) - Student Welfare: Wellness & Health Services. The item will be approved as a consent item during the next meeting.
  • After a 55minute executive session-
    • Employed Profession Contract Personnel as recommended.
    • Took no action re: future school sites.
• 2006-04-06 P&Z
  • Elect Robert Dobbs as chairman, and Fred Alexander as vice-chairman.
  • Approved as consent items:
    • Revised site plan for Wal-Mart, allowing up to 63 parking spaces to be used for outdoor sales, instead of 43 spaces
    • Final Plat - Trails of Chestnut Meadows Phase 4, 88 acres with 278 homes.
    • Site Plan - Auto Tech, Block 33, lot 4 original town of Forney, for Petrie's Office Building.
    • Prelim & Final plat & site plan for Pump Station #2 - a 5 acre section of the planned park area near Fox Hollow.
    • Prelim & Final plat & site plan for Whataburger at Mustang Crossing - a 3200 sq. ft. building with 42 parking spaces.
    • Prelim & Final plat & site plan for Autozone at Mustang Crossing - a 7362 sq. ft. building with 62 parking spaces.
  • Public Hearings-
    • Application from Whitney Heritage requesting change in zoning from AG to Planned District, to be known as Place LeGrand. Approx. 38 acres in the A. Hyer Survey, Abstract #203, City of Forney, 35.5 acres located on the Southeast corner of FM741 and FM548, and the remaining 2.5 acres at the Southwest corner.
      • No one from the general public spoke
    • Application of DR Rankin, PLLC requesting approval of a concept plan amendment to a portion of Mustang Crossing PD, concerning the portion of the district on the West side of FM 548 know as Shafer Plaza at Mustang Crossing, consisting of 20 acres in the A. Hyer Survey, Abs. #203, City of Forney.
      • Chuck Stuber of Forney Properties addressed concerns about this property and the Thoroughfare Plan.
  • Tabled the application from Whitney Heritage requesting change in zoning from AG to Planned District, to be known as Place LeGrand.
  • Approved the application of DR Rankin, PLLC requesting approval of a concept plan amendment for Shafer Plaza at Mustang Crossing.
  • Approved prelim. plat for Shafer Plaza - Mustang Crossing, Lots 1, 3-12.
  • Approved final plat & site plan for Shafer Plaza - Mustang Crossing, Lot 3, block B.
• 2006-04-04 City Council
  • Item: Consider and act upon a rezoning petition requesting city council to forward such zoning change request to P&Z for consideration of a change from General Retail and Central Business Overlay District to Single Family Residential for the area in and along Broad St. between Cedar and Alexander.
    • Mayor Grooms stated that, as he owns property in the area, he will recuse himself from discussion of the subject, but will still run the meeting.
    • City Manager Patterson stated there are 3 ways for property owners to effect changes: petitioning the P&Z, having the Comprehensive Plan changed, or petitioning the Council to forward a change request to the P&Z. The latter is how this petition was made.
    • Michael Hall told the Council that he felt the way notices were sent out when the area was changed to GR was not sufficient, as they were on postcards, which most people ignore. The zoning is now such that property owners can't build a house. He mentioned the small park built in the area, which used to be a road, and that it took up 2 lots owned by Mr. Dewberry. He feels minorities are being "moved to the farm." He is also concerned that sidewalks are being put in other areas, but here people must build their own sidewalks. He feels registered letters should be sent out to keep people adequately informed.
    • Mary Hayes spoke, saying she signed the petition, but she is now against it, and would like her name removed.
    • Gloria Crosby said she signed the petition, and owns several pieces of property in that area, and asked for verification that if a house burned down, the zoning would prohibit rebuilding a house. Mayor Grooms replied that by going before the Board of Adjustments, the owner could be allowed to rebuild a house. She then asked if she could build a house on vacant property, and the answer was again to address the Board of Adjustments for approval. Ms. Crosby stated this area has always been the black community, and she feels the area is being annihilated, due in part to increase in taxes. Folks who have lived there and intend to retire in their homes can't because of the taxes due, now that it zoned business. Mr. Weatherford stated, having been on appraisal boards, the taxes on a property are based on its use, not its zoning, so if it is a house & is used as a home, it will be taxed as a home. A business built in the same area would likely be taxed at a higher rate. Ms. Crosby stated the area has been residential for 100 years, & it isn't right to now be business.
    • Jeffrey Mathews said Mr. Weatherford is probably right, but common sense would suggest that a home next to a business would suffer in its appraised rate, and that while he is a proponent of local business, he would not want one next to his home. He stated in the 11 years he's lived there, the ditches have cleaned maybe once, and the park has drawn undesirables & is a place for illegal activities.
    • That being the end of public input, Mayor Grooms told the council they could approve, deny or table the motion. Mr. Vike suggested that, as the Comprehensive Plan came from the P&Z, they would be better equipped to consider this. Mr Parker stated he was on the P&Z when the Comp. Plan was adopted, and doesn't recall having much input from the community, but on the night the plan was actually adopted there were several people at the meeting, and a wide variety of notions as to the impact of the Plan. He is concerned about the community aspect of this issue, and feels the sense of community is very important. Mr. Weatherford said he knows most of the folks who spoke tonight, and understands what the P&Z did (he got the postcard and attended the meeting), but perhaps the item should be tabled so the council can get more input from folks. Mr. Vike suggested sending it to the P&Z. Mr. Hatley agreed with Mr. Vike, and he too grew up w/ many of the folks in the area, and is concerned with the community in general, where the needs of the whole community must be weighed against the needs of individuals. He agrees the P&Z will deal with the issue in depth, but might not agree with the request. Ms. Hayes returned to the podium, stating everyone had plenty of opportunity to oppose the original change, but only herself, her husband and Ms. Price were at that meeting. Mr. Hall then returned to the podium and asked what community this issue affected. Mr. Hatley said it affects the whole community, not just the black community, and he resents attempts by some to split the town this way. He is concerned about the growth of the whole community, but it's not the same small town it was when they were in school here. Mr. Hall asked why improvements take so long in the area, Mr. Hatley replied the improvements are done by developers when they build a new area, not by the city. Mr. Parker suggested there are two issues here - zoning and improvements, and debate should stick to the request, zoning. Mr. Patterson pointed out state law does not require individuals to be notified, only a notice in the newspaper and posted on City Hall doors, so the council went above and beyond when it mailed notices.
    • The council then voted to send this request to the P&Z, with Mayor Grooms abstaining.
  • Appointed C.L. (Mac) McCuistion to the N. TX Municipal Water District Board.
  • Council Communications-
    • Mr. Weatherford thanked everyone for coming and their concern for the community.
    • Mr. Rozell stated some things mentioned tonight clearly touched some nerves, and might need to be agenda items on future meetings. The zoning issue is now under way, but as far as older parts of town, not just the East side - the city can only pay for infrastructure, and when new subdivisions go in, the city requires the developers to add the improvements. Improvements in existing parts of town must be a community effort. Now that the distractions of the recent past are over, can start getting traction on these issues. About postcards - those were probably used because they cost less to mail, and it is likely that future notices will also use postcards.
    • Mr Parker mentioned recent Supreme Court decision where eminent domain could be used not just for condemning property for public good, but also to provide the property to private developers. He considers that to be an offensive use of the law, and while that is not being considered here, zoning issues can result in a taking of property in that it reduces the owners rights. He urged everyone who is interested to attend the P&Z meeting. He said government should be responsive to the community, but does have to balance the overall good to the community vs. individuals. He appreciates the concern about the postcards, but feels that many don't come to the meetings because they don't believe they will be affected by the decisions. He urged everyone to be alert now.
    • Mayor Grooms offered condolences to the Warren family. He said the city has spent thousands of dollars buying equipment for that park, and if the public doesn't want the park then the city shouldn't spend tens of thousands of dollars on it. The city will be spending about $2.5 million on drainage issues in that area, engineering plans have already been done. On sidewalks, those are put in by developers, but the city does have a program to pay 1/2 of sidewalk costs if the property owner will pay the other half.
• 2006-03-21 City Council
  • Pledge led by Boy Scout Tyler Harrington.
  • Public Hearing - change in zoning from GR to PD, to be commonly known as "City Plaza", approx. 11 acres at the East intersection of the S. Hwy. 80 Frontage Rd, FM 548 and FM 688 (Broad St), South of Hwy. 80 & North of the railroad on the North side of FM688.
    • City Planner Nilssen briefed the council on stipulations needed to accompany a motion, including, among other things: covenants & easements must be submitted with plats; some uses will not be permitted, including outdoor sales, convenience stores, and gas stations; plats must include the shared fire lanes; max building height is 45ft, architectural items max of 60ft; reciprocal parking agreement is based on current expected uses.
    • No one from the general public spoke.
  • Approved change in zoning from GR to PD, to be commonly known as "City Plaza", as detailed above, with stipulations. Mr. Weatherford pointed out a probable typo, and inquired why Ms. Powers voted against this in the P&Z. Ms. Nilssen replied Ms. Powers did not state any objections.
  • Approved Ordinance #1171 re: City Plaza.
  • Approved revised site plan for Lowe's - this was to change 55 parking spaces in regards to seasonal sales. The project is still overparked by 200 spaces.
  • Approved funding agreement between the City and Oakridge Investments. This allows the funding for the Hwy 80 off-ramp relocation, which is primarily privately funded (with additional funding from the FEDC), to flow from the private party to TxDOT via the City, as required by law.
  • Mr. Patterson presented the council with the racial profiling report, and stated it fits well with the city's racial mix
  • City Manager Patterson -
    • In the near future, as requested by a citizen, the council will be presented with options concerning an Over-65 tax freeze.
    • In response to another citizen request, a "peddlers ordinance" is being worked on, to regulate door-to-door sales, including placement of door hangers. Fees will probably be waived for non-profit groups, such as the Scouts.
    • Bond Committee - the city will have to arrange interim financing, for a period of 2 - 3 years, for road projects. TxDOT will reimburse the city after a project is completed. Due to the complexity of such arrangements, along with the park & facility projects, it simply won't be possible to have the bond issue on the May election.
    • Next month marks the 1/2 point of the budget year, & the council will be presented with a progress report.
    • The Jug-handle along the Shell station & Settlers will be under construction for the next 2 days.
    • The city engineer will be providing a time-line chart of the various projects, to de-conflict the work being done in the area.
    • The TX Commission on Environmental Quality has turned up 4 items in their inspection, none of which are health-related. 3 will be fixed by Friday, and the last concerns the type of forms used to report when fire hydrants are flushed...
    • Mr. Parker inquired whether the "quiet zone" project will be included in the bond issue. Mr. Patterson said yes, and no. Some parts of the project are funded by TxDOT.
    • Mr. Hatley asked if someone could determine who is responsible for the high grass in the Ridgecrest median, and right-of-ways.
  • Public Communications-
    • Ms. Hattie West asked the council to please do something about removing condemned houses. Part of Doris Hamblin's beautification project was tearing down these house, but currently there are 11 condemned houses standing. She urged the council to "not forget about us."
  • Council Communications-
    • Mr. Vike said "hat's off" to the water department for their work.
    • Mr. Weatherford echoed that, and said he's proud that Mr. Patterson is here, managing all these projects. He reminded everyone that the Chamber of Commerce Auction is April 29, and it is a major source of the funding for the 4-year scholarship the Chamber awards each year.
    • Mr. Hatley also gave kudos to city staff.
    • Mr. Rozell asked if the city was responsible for tearing down old houses, or was the owner responsible. Mayor Grooms replied some money has been set aside in the budget, and liens can be filed against the property so the city can demolish the building. Mr Rozell complimented city staff, and re: the zoning change made, he's glad to see some "local development" occur.
    • Mayor Grooms thanked the great city staff. He also asked everyone to keep Kim Bowden in their prayers, as she is still grieving her loss.
• 2006-03-07 City Council
  • Appoint Pete Delgado to Planning and Zoning, from the three who applied.
  • Appoint Stacey Carter to Board of Adjustments
  • Approve ord. #1170 abandoning portions of the rights-of-way of Oak St. and Cedar St.
  • Resolution 06-04: Vision Awareness - Mr. Rozell said in conjunction with Vision Awareness Week March 13-18, the Lions Club will have White Cane Day on Mar. 18 to raise money for their eyesight fund.
  • City Manager Patterson -
    • On Mar. 14, from midnight to 9AM, the water supply will be shut off to allow additional blow-off valves to be installed, in preparation for converting to the 42-inch supply line. Therefore, no outside watering will be allowed on Mar. 14 & 15.
    • Pinson Rd- major drainage elements being installed. On Mar. 13, the East bound service road to FM740 will be closed from 7:30 - 5:30. On Mar. 20, the "jug-handle" on the North side of Hwy 80 will be closed 7:30 - 5:30. In about 3-4 weeks, Pinson will become one-way, South bound only.
    • Publicly thanks the EDC for working w/ TxDOT on the agreement for the exit ramp relocation at Mustang Crossing, which has now had final approval and is funded. Construction might start in June.
  • Citizen input -
    • Jeff Hoover spoke, asking if there was any way to move the park bond election up to the May election, instead of the November one. Mayor Grooms replied with the bond committee having just been formed, it was unlikely they would have time to do so, and with the FISD and the County both also having bonds on the May election, adding another might jeopardize them all. When a bond election fails, you must wait one year before trying again...
  • Adjourn into a 15 minute executive session
  • Approve Authorizing City Manager to execute agreement by and between city of Forney and Ms. Sonya Harris.
  • Council Communications -
    • Mr. Parker suggested anyone using a CPA to do their taxes not delay in getting information to them.
    • Mr. Weatherford stated having time on his hands, having been recently unemployed, he has been visiting w/ members of other area entities, and suggested a round-table meeting of the city, FISD, FEDC, and P&Z to help everyone move in the same direction.
    • Mayor Grooms said there will be a lot of headaches with the traffic and water upgrades, but it will be great, and asked for everyone to have patience.
• 2006-03-05 FISD
  • approved as consent items Property Casualty Insurance, and TASB update #77.
  • Recognize student for making All-State 4-AAAA Band
  • Recognize students who advanced to State-level competition
  • Adopted 2006-2007 attendance zones
  • Approved classroom furniture bids
  • Picked May 14 for 2005-2006 Bad Weather Day / Calendar Modifications
  • Took no action on 2006-2007 Teacher Salary schedule - the increases will total about . Any amount the FISD pays above what the state schedule is requires the FISD to pay the retirement portion of the increased pay.
  • Reconsider 2005-2006 Bad Weather Day / Calendar Modifications - Revise to use May 12.
  • After a two-hour executive session
    • Took no action re: Professional contract personnel.
    • Re-employ Professional contract personnel as recommended.
    • Took no action re: Superintendent's Evaluation
    • Took no action re: future School sites
• 2006-03-02 P&Z
  • approved as consent item Revised Site Plan - Lowe's Home Improvement Center
  • Public Hearing - change in zoning from GR to PD, to be commonly known as "City Plaza", approx. 11 acres at the East intersection of the S. Hwy. 80 Frontage Rd, FM 548 and FM 688 (Broad St), South of Hwy. 80 & North of the railroad on the North side of FM688.
    • City Planner Nilssen briefed the commission and outlined several items she feels need to be addressed, and that traffic flow is a major concern for this parcel. TxDOT has approved proposed access points. She pointed out staff sees no need for this parcel to develop unusually, except for traffic flow, but does recommend approval, with several caveats, including: correcting the number of development phases; submitting fire lane details; lot and impervious surface coverage amounts; lighting issues; approval by city engineer for drainage; indicating the 100yr flood plain; the stub-out to the adjoining 3 acre lot; and dumpster locations, among other things.
    • Ron Brown, representing the applicant, spoke and addressed some of the issues raised. He also requested that a "floor" could be 16 ft tall, rather than just 12 ft.; that 90% impervious coverage be allowed; that composite metal panels be allowed; that monument and directory signs be allowed on both the frontage road and Broad st., among other things.
    • no other member of the public spoke
  • After about 45 minutes of discussion, approved 4 - 1 (Powers voting no) the change in zoning from GR to PD, to be commonly known as "City Plaza", approx. 11 acres at the East intersection of the S. Hwy. 80 Frontage Rd, FM 548 and FM 688 (Broad St), South of Hwy. 80 & North of the railroad on the North side of FM688.
  • Staff Updates - City Planner Nilssen
    • has received several positive comments about the reduction in real estate signs.
    • Entertainment Overlay Dist - re: alcohol by the drink, there have been requests to expand the district, and currently this option can be granted by CUP. The general feeling is the CUP option should be removed... Expanding the district to the area of FM741 & FM548 was not greeted warmly.
    • Thoroughfare plan - some skewing of streets in various projects means the Plan needs some revision.
    • Several projects are in the works, including 19 acres near WalMart, an AutoZone, Whataburger, and a site plan for the Autotech building.
• 2006-02-21 City Council
  • After the invocation, observed a minute of silence for the passing of employee Jesse Bowden.
  • Approve Ord. #1168, extension of the boundary limits of the City of Forney and annexation of 66 acres of land into the city limits.
  • Public Hearing - Zoning Application requesting to zone property to Mixed Use (MU) District, of approx 66 acres in the John Gregg Survey, Abs. #171 Kaufman County, acres of land into the city limits. City Planner Nilssen detailed the MU zoning types, stating that much flexibility is allowed in the design. On this property, the majority is in a flood plain and won't be developed.
          No one from the public spoke.
  • Approved Zoning Application requesting to zone property to Mixed Use (MU) District, of approx 66 acres in the John Gregg Survey, Abs. #171 Kaufman County, and located on the N. side of Hwy 80 and E. of FM 460.
  • Adopt Ord. #1168 amending the Comprehensive Zoning Ordinance and Map to grant a MU district for the 66 acres.
  • Approved interlocal agreement with Kaufman County to install radio equipment at 550 FM 740 N, on the N. water tower.
  • Approve prelim. plat - Mustang Crossing, Block A, Lot 6 (Chick Fila Restaurant). This is 1 acre, S. of Lowes. The development schedule is unknown.
  • Approve final plat - Mustang Crossing, Block A, Lot 6 (Chick Fila Restaurant). The building will be 4,227 sq. ft. with 47 parking spaces.
  • Accept prelim. plat - Trails of Chestnut Meadows, Phase 4. This is 88 acres with 287 lots, access from FM548, 31' wide streets with no lay-down curbs.
  • Appoint 2 council members to the 2006 bond committee: James Hatley and Skip Weatherford.
  • Authorize City Manager to sell excess right-of-way, located on Main St. at Oak and Center streets.
  • Accept public improvements of Mustang Crossing, Phase 3.
  • Council Communications -
    • Mr. Vike was sad about the passing of Jesse Bowden, who did an outstanding job.
    • Mr Weatherford was shocked to hear about Jesse, had good experiences with Jesse even before getting on the council.
    • Mr. Rozell gave condolences to Jesse's family, and the heartbreak of having waited so long for a kidney to become available for Jesse, which happened on Friday, and then his death on Saturday.
    • Mr Parker stated is always sobering when someone you know dies, especially when they are younger. He feels we are all richer for having known Jesse.
    • Mayor Grooms explained Jesse had been undergoing dialysis for the past year, and Friday afternoon got word that a kidney was available. Saturday morning, he died from a massive heart attack on the operating table. Funeral service will be Thursday at New Hope.
• 2006-02-20 FISD
  • Recognized FHS Cross X Debate team for advancing to State level.
  • Recognized FHS Health Science Technology students for advancing to State level.
  • Public input -
    • Bruce Benedict stated he has 4 kids in the ISD, and 229 friends who want the board to listen to them - "we need more, not more of the same." He felt the ISD was taking a "cookie cutter approach" to the growth, & urged the board to do what's right, not what's easy.
    • Benjamin Nickerson stated as a Forney citizen for 20 years, he felt he was in an awkward situation. He believes the plan to have two high schools will not unite, but divide, the community. He asked if this was really necessary at this time, or if the FISD was just emulating other districts. He suggested more time be taken and more information be provided.
  • Approved Facilities Committee long-range plan, after debate about the likely increased cost ($8 million) of a new high school and deciding to increase the bond amount to $230 million.
  • Called for May 13, 2006 School Board Election
  • Approved the Order to Call Election for Capital Improvement Bond in the amount of $232,196,377.
  • Appointed early voting judges, clerks and board
  • Appointed Dwight Tyndall and Sandra Tyndall as election judges.
  • Approved resolution authorizing use of electronic voting equipment. The equipment will be leased from Diebold, at about the same cost as would have been incurred by contracting with the County. The lease will allow for mobile voting.
  • Approved the Emergency Operation Plan
  • Approved contract for fiber connection to Lewis Elementary, which apparently involves a partnering agreement with FEC Communications, which does not currently serve that area.
  • Approve contract with FEC Communications for Data Transmission, which will expand the districts bandwidth capacity. The contract is contingent on the ISD receiving government E-rate funding.
  • Accepted bid for playground equipment for Lewis Elementary of $68,166 - slightly under the budget amount of 75,000
  • Accepted bid for landscaping and irrigation package for Middle School #2, Lewis Elementary, AEP/Warehouse and Administration. The amount was not stated, except that it was $100,000 under the budgeted amount.
  • Approved Procedures for Administration of Elections
  • After a 30 minute executive session -
    • Employed professional contract personnel as recommended by the administration.
    • Approved administrative contracts
    • Took no action re: Future school sites
• 2006-02-07 City Council
  • Call General Election for May 13, 2006, which is one of two "uniform dates" now required by state law. Mr. Patterson explained this would save the city money, provide more polling locations, and allow citizens to early vote in any location in the county.
  • Approved entering into contract for election services for the conduct and supervision of the May 13, 2006 general election, with Dick Murphy acting as the County Election Officer of Kaufman County, and authorizing the City Manager to execute the contract. Mr. Vike asked about the cost to the city, as the documents provided showed $32,000 cost, but Mr. Patterson explained the City of Forney's share is only $1,300.
  • Approve Site Plan / Elevations, City of Forney Mulberry Park buildings. City Planner Nilssen explained the property is zoned SF11, and the P&Z and Parks Board are working to craft a new zoning for parks buildings, to avoid future instances of these requests, which are essentially requests for alternate building materials.
  • Accept public improvements of Ridgecrest Plaza Block J, Lot 1.
  • Accept public improvements of Chili's Block A, Lot 3 Mustang Crossing.
  • Accept public improvements of 3C and 3D of Windmill Farms.
  • Accept public improvements of Phase 2 - detention pond #2 Mustang Crossing.
  • Appoint members to 2006 Bond Committee established by resolution # 06-03: Chris Briggs, Cindy Calcaterra, Melissa Clayborn, Mark Ellis, Lisa Gaskill, Brian Haughey, David Johnson, and Ray Wylie. Ms. Hattie West was recommended to replace any member who might resign. Mr. Patterson hopes the committee will have its first meeting in the next two weeks.
  • City Manager Patterson -
    • The stars have aligned on road projects - FM548 & Ridgecrest has been approved for street lights. For the various intersections along FM548, funding and engineering plans have been completed for signal lights at FM741 and FM548, construction to begin in March and take about 30 days. At FM548 and Hwy 80 access roads, after the access roads become one-way, which will occur in spring or early summer, the signals will be installed in about 30 days. At FM1641 and FM548, the signals can't be installed until the railroad installs a preemption device, and at this time, it is likely that will take 9 - 11 months...
    • Pinson Rd - as part of this project, a box culvert must be installed along the east-bound Hwy 80 access road, which will cause the entrance ramp to be closed from Feb 9 at 7:30AM until Feb 10 at 5:30 AM.
    • The "Walmart signal" on FM548 is now operating, so don't run through it and get a ticket.
    • The West-bound exit ramp in front of Mustang Crossing relocation project has been approved through local and regional levels and is now in Austin. Once approved, TxDOT will be wanted a check to start construction...
    • As reported in the Dallas Morning News, $123 million has been allocated to relieve area bottlenecks, and $24.2 million of that will go to NTXCOG for widening of FM548 under the Hwy 80 bridge. He expects the total cost of the project will be closer to $35 million.
    • Re: Ms. Smallwood who spoke at the last council meeting re: her property, they have researched the issue and provided her additional information and are awaiting her response.
    • Water and sewer bills will soon have a new format - a tri-fold page with an envelope. People may now pay their bills with credit cards, in person only. No telephone credit card payment is expected to ever be implemented, due to security issues. However, the city does plan to offer on-line payment through its web site soon.
    • Chief Barnes reports that for the two positions open on the Forney Fire Dept. over 35 qualified persons have applied.
    • Mr. Vike asked about repairs to Buffalo street around the pump station. Mr Patterson replied those repairs are the responsibility of NTCOG, and the city is talking to them, but no date for repair is known.
  • Convene a 25 minute Executive session to consider:
    • Dismissal of Sonya Harris
    • Appointments to 2006 Bond Committee
  • Deny authorizing City Manager to execute agreement by and between City of Forney and Ms. Sonya Harris.
• 2006-01-31 During a special called city council meeting, held at 07:30 AM (which was none-the-less quite well attended), Mayor Grooms is sworn in after Dick Murphy gives a report on the election results, and the council votes to accept the results. Photo1, Photo2.
• 2006-01-21 Mayor wins re-election bid in Special Mayoral Election - Jan. 21, 2006 Mayoral Results.
• 2006-01-17 City Council
  • Adopted Ord. #1167 amending section 13.1505 and 13.1507(d) of the code of ordinances by amending the Capital Improvements Plan and Water and Wastewater Impact Fees.
  • Public Hearing #1 - to consider the annexation petition from Stacy Standridge for 66 acres in the John Gregg Survey, Abstract # 171. There was no public input.
  • Approved prelim. plat extension for Hamblen Estates Planned Development.
  • Accept final plat for Lowe's at Mustang Crossing, Lot 10, Blk. A. which is 14.7 acres, East of Walmart.
  • Approve final plat for Neal Addition, Lot 1, Blk. A. for the By The Barnyard Daycare.
  • City Manager Patterson-
    • N. Tx Municipal Water District has declared Stage II water rationing, which is still voluntary. But Stage III, which is mandatory rationing, will surely come soon, and when it does, the city will be required to issue citations for persons who do outside watering.
    • Last Friday there was a Pinson Rd. Kickoff meeting to get the widening restarted. The three phase to occur are:
      • 1 - Barricades will be used to stop traffic while drainage construction is being done.
      • 2 - Pinson Rd will be single lane, South-bound only.
      • 3 - Pinson Rd will be single lane, North-bound only.
    • Early voting has ended, with 1,016 votes cast. Mr. Patterson publicly thanks Dick Murphy for handling the early voting so well.
  • Public Communications -
    • Beatrice Smallwood spoke concerning a lot she had approval to build a house on, but when the builder went to get the permits, it was discovered the property had apparently somehow been transferred to someone else. Mayor Grooms suggested Ms. Smallwood meet with Mr. Patterson with the details.
  • Council Communications -
    • Mr. Vike thanked Mr. Murphy for running the early voting.
    • Mr. Weatherford thanked Dick and Donna for the good job on the early voting, and was heartened by the high number of early votes cast.
    • Mr. Rozell said it has been a good election process, and reminded everyone that Saturday is election day.
    • Mr. Parker was pleased with the turnout, and hoped to see the same at the polls on Saturday.
    • Mayor Grooms dittoed the compliments to the election officials.
  • after a short recess, Public Hearing #2 - to consider the annexation petition from Stacy Standridge for 66 acres in the John Gregg Survey, Abstract # 171. There was again no public input.
• 2006-01-05 P&Z
  • Approve as consent items:
    • Prelim. plat extension, Hamblen Estates PD
    • Final plat, Lowe's at Mustang Crossing, Lot 10, Blk A
    • Final plat, Neal addition, Lot 1, Blk A
  • Public Hearing - zoning application request to zone property Mixed Use of about 66 acres in the John Gregg Survey, Abs. #171, located on the N. side of Hwy 80, E. of FM 460. City Planner Nilssen explained the property is not yet in the city limits, but the council did just approve publishing notice for annexation hearing. The Comprehensive Plan shows this area to be Mixed Use, and most of this land is in the flood plain. No responses were received to the proposed zoning change. No one from the general public spoke.
  • Approved application to zone proper Mixed Use, after some debate about park land donations, tree preservation (which will be high along the creek area, as it is in the flood plain), and questions about development. Mixed use allows, but does not require, high density housing. Representatives for the owner stated they would be developing only retail along FM 460 - reclaiming the land in the flood plain would likely be too expensive for housing.
  • Planner Nilssen updated the commission on progress on bylaws changes, the need for a new zoning category for Parks buildings, and changes in state law on the lifetime of plats.
• 2006-01-03 City Council
  • Adopt Ord. #1166 - amending the Comprehensive Zoning Ordinance, Ord. #1085, as amended, by amending section 48 "signage".
  • Ratify amendment to contract for Election Services for the Conduct and Supervision of the Jan. 21, 2006 Special Mayoral Election, with Dick Murphy acting as the County Election Officer of Kaufman County.
  • Award bid for the Hillside Lift Station decommission (Project B).
  • Accept Annexation Petition from Stacy Standridge for 66 acres of land in the John Gregg Survey Abstract # 171.
  • Authorize staff to publish notice Jan. 4, 2006 in newspaper of Annexation Petition from Stacy Standridge for 66 acres of land in the John Gregg Survey Abstract # 171.
  • Call for Public Hearing on Jan. 17, 2006 to consider Annexation Petition from Stacy Standridge for 66 acres of land in the John Gregg Survey Abstract # 171.
  • Direct staff to prepare Service Plan for the proposed Annexation Petition from Stacy Standridge for 66 acres of land in the John Gregg Survey Abstract # 171.
  • Approve adding a signature on the General Fund, Water Sewer Fund and Pa Clearing Account and requiring two signatures on all checks for these accounts.
  • Accept public improvements of Mustang Crossing Addition, Lot 1, Blk A.
  • Adopt resolution #06-01 - extension of the Bank Depository Agreement with American National Bank.
  • Resolution #06-02 Acceptance of Public Employee Dishonesty Coverage including Faithful Performance of Duties as an acceptable alternative to Individual Surety Bonds.
  • Tabled a Professional Services Agreement for services related to management of the City's Extraterritorial Jurisdiction ("ETJ") Boundaries and authorize the City Manager to sign the agreement.
  • Approve Resolution #06-03 establishing a General Obligation Bond Committee.
  • City Manager Patterson -
    • The tree-trimming project should finish up Wednesday. Ready to close out 3 capital improvement projects.
    • A few weeks ago, the water main supply was shut off, and it's going to happen again, Thursday 6AM-6PM. No outside watering will be allowed during that time.
  • Public Communications-
    • Lewis Oliver, a former citizen, stated there has been a lot of airing of dirty laundry in this town. He then asked for Mr. Parker and Mr. Wood to step down. They declined. Mr. Oliver then stated he was a civil rights activist, and was going to come check things out. "Y'all opened the door, we're gonna come in and look around".
    • Michael Hall wanted to address questions to Mr. Wilson. As this was not possible, he stepped down.
  • Enter executive session to consult with City Attorney concerning legal procedure to be used at a public hearing in determining a complaint or charge against the City Secretary. This lasts about 30 minutes.
  • Deliberate the Duties, Evaluation, Discipline or Dismissal of the City Secretary or hear a complaint or charge against the City Secretary and take any action related thereto.
       Mr. Wood asked again that Mr. Grooms recuse himself from these discussions, as the allegations of fraud included that seat, not him personally. Mr Grooms replied "No, Thank you."
       Mr. Parker reminded everyone that in Texas, no cause need be shown for the termination of an employee, as long as the employees civil rights were not violated. He then read the list of findings from Judge Kupper's ruling.
       The City Secretary was represented by Ms. Vonciel Jones-Hill, who stated this hearing was arbitrary and capricious, denied any wrongdoing on the part of the City Secretary, and that the provided documentation contained no charges. She stated she had not seen Judge Kuppers ruling in its entirety, so could not determine if the excerpts provided were accurate, or necessarily lead to the conclusions being stated. She disputed absolutely, singularly and totally that Ms. Moore was involved in any ballot tampering, if any occurred.
       Mr. Wood stated he too had seen the judge's ruling, and Mr. Parker was correct in his conclusions, which is why the election was thrown out. It didn't just happen, there was no magic involved. Texas Law states the election judge commits an offense if fails to prevent changes to ballots.
       Ms. Jones-Hill reiterated she has not seen the judge's ruling, and that Ms. Moore did her job, kept the early voting ballot box in a fire-proof safe, as she has done for 17 years, and did nothing to permit irregularities.
       After more debate about court testimony and voting reports, Ms. Jones-Hill stated this is an unfortunate incident, based on politics. Here is a woman who has served the city well, but because is not part of a certain crowd, has become a scapegoat by persons who want power at any cost. She stated if Ms. Moore was a member of a different country club, this would have been handled much differently.
       Council adjourns into another executive session to consult with attorney, lasting about 7 minutes.
       Mr. Parker reminded everyone that the charges are not his opinion, but either the Judge's ruling or court testimony.
       Mr. Wood stated this has been a long year, with the court action and all, and the action need tonight would not be popular.
       Mr. Rozell stated the document being used was prepared by Mr. Parker, not the council. He agreed w/ Mr Wood that the Judge found questions during Ms. Moore's watch, and Mr. Grooms, but also during the council's watch. Ms Moore has run many elections, and if she secured this one the same as she has in the past, but someone found a way to circumvent the safeguards, it would be hard to blame her.
       After more debate, Mr. Wood again requested Mayor Grooms to recuse himself. The Mayor responded by asking if Mr Wood had read the Judge's ruling where it stated that Mr Grooms had not been found to be personally involved in ballot tampering or changing the outcome of the election.
       Mr. Parker moves to terminate the City Secretary's job. Mr. Wood seconds. The vote appeared to be 2 Yes, 5 No, but Mr. Weatherford did not vote. The vote was taken again, this time Parker, Wood and Weatherford voted Yes, Vike, Hatley, Rozell & Grooms voted No. Mr Wood then moved to place the City Secretary on unpaid leave for one month. It was unclear whether personnel policy would allow this. Ms. Jones-Hill told the council that any further proceedings on this matter were improper. Mr. Parker requested that Mr. Wood withdraw his motion; Mr. Wood did so.
  • Council Communications-
    • Mr. Wood thanks the Finance Dept for the work on the electronic signature system.
    • Mr. Vike thanks the audience for attending. He feels it might not be a bad idea to have all elections contracted out to the county, to avoid any perception of favoritism that council members could inflict upon the City Secretary, who is in effect their employee.
    • Mr. Hatley agreed w/ Mr. Vike, stating we need to realize that Forney has grown up - "realize what we have become, not who we were." He hopes the decision made tonight will mend some fences, so we can all get back together.
    • Mr. Rozell stated he had a message on his home answering machine from the Dallas Observer, wanting his opinion on the election trial as a Grooms supporter. He did not return the call, as it is none of their business. He has been asked by citizens for his thoughts - does he respect Judge Kupper's ruling? Yes. Does he agree with it? No. He hopes everyone will express there opinion by voting in the coming election. He stated that as the lawsuit is over, criminal investigations were being performed, and the council should cooperate fully with those.
    • Mr. Parker offered some "random thoughts" - he hopes everyone will vote, and with the new process in place, he believes all votes will be counted, even his. He feels disappointed that Forney isn't mature enough to run its own election, and guesses at this point there is no optimism that the Council is capable of investigating the events. He feels Kuppers judgment is clear, but will refrain from further calls for the council to investigate.

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