Councils moves on with plans for annexations and roads

During its regular Mar. 19, 2019 meeting, the Forney City Council met and in summary: had a good audit, approved Panera & Lady Liberty, held annexation hearings, updated Thoroughfare Plan, approved asphalt parking lots under certain conditions, tabled Wellington Ridge PD, approved settlement w/ Don & Laurie Cox. (watch official video)

• Mayor WIlson called for a moment of silence for Charlie Bazhaw, recently hired Building Inspector.
  
• Presentation of Annual Audit - Mr. O'Leary briefed the council, they have awarded Forney an unmodified ("clean") opinion. Unassigned fund balance of 1.1 mil is about the 7% policy specifies. Total fund balance of $5 million shows good financial health. Difference from previous audit is a new standard regarding benefits. They examined internal controls and found no deficiencies. Mr. Johnson mentioned a comment noting bonded debt went down $6.5 million.
  
• Public Comment -none
  
• Approved as one consent item:
  • a Resolution authorizing continued participation with the ATMOS Cities Steering Committee authorizing the payment of membership dues to fund regulatory and related activities related to the Atmos Energy Corporation.
    
  • a Resolution authorizing the City Manager to execute a contract with AT&T Communications for establishing new phone service.
    
  • a Resolution authorizing the renewal of the Professional Services Agreement between the City of Forney and Stone Creek Veterinary Hospital for veterinary services.
    
  • a preliminary plat for Forney Marketplace Addition, Block 1, Lot 1 and Lot 2, located northwest of the intersection of East U.S. Highway 80 and Marketplace Boulevard.
    
  • a preliminary plat for Gateway Phase 4, Block D, Lot 1, located east of North F.M. 548 and south of North Gateway Boulevard.
    
  • a site plan for Gateway Phase 4, Block D, Lot 1, located east of F.M. 548 and south of North Gateway Boulevard.
    
  • a site plan for Panera Bakery Cafe, located northwest of the intersection of East U.S. Highway 80 and Marketplace Boulevard.
    
  • a site plan for the Larke Lopez Hair Salon, located at 112 Trinity Street.
    
  • authorization to allow staff to seek bids for the construction of the Lady Liberty Monument Relocation Project, and all related issues.

• Held Public Hearings -
  • 1st Public Hearing regarding the annexation of an approximate 250.5942 acre tract of land owned by Kate Pinson McKellar Estate, et al., situated in the John Gregg Survey, Abstract No. 171, Kaufman County, Texas, Kaufman CAD Property ID 6471, located at 0 S FM 740, south of Dalview Drive.
        Mr. Thatcher said hearings 1-5 concern annexations. Two hearing are required before annexation, notices were sent and published in newspaper.
        Mr. Gibson spoke on 4 & 5, which is really one piece of property. He received letter, contacted an attorney, he's against the annexation. Been in his family since 1982, 20 year exemption not even his lifetime, he's had land taken by Dallas, utilities. Mayor Wilson said this is 1st hearing and gives him time to work out development agreement. Mr. Gibson said he already has, it's take it or leave it.
    
  • 1st Public Hearing regarding the annexation of an approximate 44.308 acre tract of land owned by Sharon A. Riggs and Linda C. Martin, situated in the John Gregg Survey, Abstract No. 171, Kaufman County, Texas, Kaufman CAD Property ID 6414, located at 0 FM 460, south of the intersection of FM 740 and FM 460.
    
  • 1st Public Hearing regarding the annexation of an approximate 45.00 acre tract of land owned by TRBP Limited, situated in the John Gregg Survey, Abstract No. 171, Kaufman County, Texas, Kaufman CAD Property ID 196884, located at the end of West Trinity Street.
    
  • 1st Public Hearing regarding the annexation of an approximate 5.00 acre tract of land owned by John D. Gibson and Sarita K. French, situated in the John Gregg Survey, Abstract No. 171, Kaufman County, Texas, Kaufman CAD Property ID 6583, located at 0 FM 740, south of the intersection of FM 740 and FM 460.
    
  • 1st Public Hearing regarding the annexation of an approximate 7.304 acre tract of land owned by John D. Gibson and Sarita K. French, situated in the John Gregg Survey, Abstract No. 171, Kaufman County, Texas, Kaufman CAD Property ID 6582, located at 0 FM 740, south of the intersection of FM 740 and FM 460.

• Held Public Hearings -
  • Approved an Ordinance amending the City of Forney Thoroughfare Plan and Map to amend the roadway classifications and cross sections, add certain new roadway segments, and re-designate or reclassify and realign certain roadway segments.
        Mr. Short said was one minor change to connection from downtown to Hwy 80 - was shown using Cedar, now moved over to Oak, due to a call from Mayor Wilson.
        There was no public input.
        Mr. Myers asked what the concerns were - Mr. Short said it was benefits, using existing rights-of-way, and aligns with Longhorn, might present opportunity for interchange or bridge and more access to downtown. Mayor Wilson said several rights-of-way already owned by city were found.
    
  • Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending Section 38, "Off Street Parking and Loading Requirements" to provide an exception to concrete paving requirements.
        Mr. Morgan said is to allow requesting waiver to use asphalt instead of concrete, they added requirements to prevent being bombarded by requests. The firs potential request is for parking lot adjacent sub-courthouse. Mr. Myers asked difference in life-span - Mr. Zook said more remediation is required, about 7-8 years for a resurface. Mr. Thomas asked if building codes were up to date for asphalt - Mr. Zook said were standards could rely on. Staff is experienced with asphalt due to roads.
        Donna Spillers encouraged council to allow more parking for downtown businesses. Enos requires 38 spaces, in afternoon they have about 8 available.
    
  • Tabled an Ordinance rezoning 108.2 acres of land from the Mixed-Use District to a Planned Development District with single-family, multi-family and commercial uses. The property is located south of the U.S. Highway 80 and F.M. 460 intersection in the City of Forney.
        Mr. Morgan said property is zoned mixed use, request to be PD. Lot sizes are smaller than base zone, home sizes are larger. One letter opposing was received, due to concerns about water lines, and people living next to power plant. Comp plan does not specify residential. Park board suggested accepting 345 acres. P&Z vote 4-3, there was much discussion. Mr. Thomas asked what parks have planned for 345 acres - Mr. Curry said mostly flood plain, considering bike trail. Mr. Thomas asked how much was usable - Mr. Curry said S side of tracks about 45 acres next to McCurry park land, smaller tract on SW side around shooting range.
        Brad Watson is Sr. Director of Community Affairs for the plant owner, they respectfully request they deny it. If had know about the 2017 hearing, would have opposed that. Agree w/ citizens who decided should be office and retail next to power plant. Plant needs access to water, 30" raw water and 14". Should allow simpler site using just commercial. Power plant can power almost 1 million homes. ERCOT says the energy margin is down to 7%, they are concerned about plant going offline if water supply lost. Building homes next to power plant isn't suitable, a reverse NIMBY situation. They have spoken to staff and Mr. Flowers. The plant requested to be annexed in 2023, pay taxes and donate to charities.
        Mr. Thomas asked about water line - most businesses have redundancy in utilities, so they have no plan? Manager David said they have 30 million gallon pond providing up to 3 days operation. Mr. Thomas asked if ERCOT has redundancy - David said this plant being down would consume 55% of the reserve, might have rolling blackouts. Mr. Moon asked if they had a chance to purchase property - yes, but are far apart.
        Eddie Eckert representing Flowers is very familiar with water lines, realize how critical they are, often have to be relocated for development. Feel very comfortable can relocate lines, take it very serious, can manage it without impacting power plant. There is 1,000 ft buffer that is heavily wooded, it's not prettiest thing to look at, but have a buffer that will remain. Builders believe is a great area. In 2017 concern was about MF, 50% has been removed replaced w/ senior. Power plant is an important neighbor. Mayor Wilson asked how long they worked w/ Mr. Morgan on this.
        Mr. Johnson said knows what happens during development, guarantees people will complain to TCEQ about living next to plant. In Richardson, took 8 years of delays due to citizens complaints to build a transfer station. Water line will need a lot of care, to make sure if line blows doesn't get into neighborhood. He has serious concerns.
        Mr. Eckert says haven't looked at it in depth, but plan to reroute it out of residential area. Mr. Thomas asked if they've done surveys about home close to plant - no.
        Mr. Flowers spoke said started planning in 2015, brought to P&Z in 2017. They came to city and asked what they would like to see there. Got mixed use zoning and annexed then. Mr. Thomas asked about developing under current zoning - 100 acres of pure commercial would be difficult, esp w/ no residential around it. Mr. Thomas asked if residential allowed in mixed use - Mr. Morgan said allowed by CUP. Ms. Penn asked if under commercial could there be a water line break - Mr. Flowers said under any use there could.
        After closing public input - Mr. Morgan said SF attached would be permitted, SF detached would not.
        Mayor Wilson called for motion - none was presented, Mr. Thatcher gave council their 4 options at this point.
        Mr. Johnson moved to deny, there was no second. Mayor Wilson asked for motion to return to P&Z or table. Mr. Thomas said maybe some resolution could be worked out, moved to table to give parties more time, until Apr. 16 meeting.
    
  • Approved an Ordinance granting a waiver of the 300-foot spacing requirement between a business selling alcoholic beverages and a school, in order to allow a special event, with alcoholic beverage consumption, to take place outside on Elm Street, adjacent to Eno's Pizza Tavern at 215 S. Bois D'Arc Street.
        Mr. Morgan said this was to hold a cornhole event for 30 people; Mr. Spillers would have to get a TABC permit. The waiver is only for one event, similar to wine walk. Ms. Penn asked if serving alcohol at 10 am? Mr. Morgan said setup was at 10, event was later in day. Staff received no comment, FISD did not provide a response, but do have a standing resolution in opposition. Mayor Wilson mentioned this is on a Saturday. Mayor Wilson asked ms spillers to describe the event - in Bishop Arts store, people like to have events. Cornhole league has a team that travels around working tournaments. Mr. Carson recommended using PD if alcohol provided outside, which would add cost. Cheif Sherwin said the wine walk hired an off-duty officer. Ms. Spillers said Enos doesn't open until 1130. Ms. Powers said Shane (Spillers) previously said just wanted to cover setup & breakdown time. Mr. Moon thanked her for revitalizing downtown. Mr. Myers asked if would use police officer - she said yes.

• Vision 2025 -- Goals and Initiatives - Mr. Carson said staff is working forward with deadlines.
  
• Approved a request for an exception to the paving requirements for off-street parking areas in non-residential districts. The request is for property located west of the intersection of S. Center Street and E. Main Street.
      Mr. Morgan said there is a need for parking, this can provide a long-term solution. Commissioner Phillips has provided parking behind the sub-courthouse, FISD has added more. Mr. Phillips has worked w/ Mr. Carson, Eric Davis Eng provided free plans. Mr. Moon said this will be great. Ms. Penn asked how many spaces - 72. Mr. Myers thanked Eric Davis.
  
• There was no discussion about these executive session items:
  • Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:
    • Presiding Municipal Court Judge

  • Consult with legal counsel regarding pending or contemplated litigation or a settlement offer and/or matters in which the duty of the attorney to the governmental body under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code:
    • Don and Laurie Cox, 22 Estate Lane - Claim for Damages
      
    • Growth Management Plan

  • Discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations, or to deliberate the offer of a financial or other incentive to a business prospect:
    • Project Tammy Faye
      
    • Forney Marketplace, LLC

  • City Manager's report - Mr. Carson thanked PD & staff for policing truck parking in movie parking lot. Two groundbreakings - Goodyear Mar. 22 & Raising Cains on Mar. 26; he thanked staff for working Sun morning to add white striped on crosswalks; New LED downtown lighting has been installed. Mr. Johnson asked why some stripes don't go all way to curb - the machine couldn't do it, was added today. Mr. Johnson suggested using reflective paint.
    
  • Council Comments - Mr. Myers look forward to groundbreakings; Ms. Powers ditto, exciting things happening; Mr. Moon thanks staff, excited about parking; Ms. Penn excited about Cains, thanks DW & Tony for managing $, many times here asking for fire station; Mr. Johnson said wife getting knee replacement. Mayor Wilson mention officer who will sing anthem.
    
  • Held a 54-minute executive session re:
    • Presiding Municipal Court Judge
      
    • Don and Laurie Cox, 22 Estate Lane - Claim for Damages
      
    • Growth Management Plan
      
    • Project Tammy Faye
      
    • Forney Marketplace, LLC

  • Authorized City Manager Carson to execute promise settlement agreement w/ Don and Laurie Cox.
    
  • Took no action on other items
    
  • Adjourned at 2056