Council considers annual inspection of rental properties

( brief version, subject to revision )
During its regular virtual Apr. 21, 2020 meeting, the Forney City Council met to approve a third 7-11 store, Eric Davis renovation, re-bidding sidewalk work, negotiating delinquent water accounts, expanding Farmers Markets, annual rental home inspections, including vaping in smoking ordinance, increased sports field fees, another contract for Christmas Light Display. (watch official video)

• Approved as one consent item:
  • a preliminary plat for Gateway Center, located northeast of the intersection of North Gateway Blvd and North F.M. 548.
    
  • a site plan for 7-Eleven, located northeast of the intersection of North Gateway Blvd and North F.M. 548.
    
  • a site plan for the Diamond Creek amenity center, located northwest of the intersection of Tuscany Drive and Rosedale Drive.
    
  • a revised site plan for Eric L. Davis Engineering, located at 401 Pinson Road.
    
  • a revised site plan for Forney High School, located at 1800 College Avenue.
    
  • the Acceptance of Public Improvements for Goodyear.
    
  • the Acceptance of Public Improvements for Woodlands Crossing.
    
  • reject the bid proposals received for the sidewalk improvements project and authorize staff to rebid the project.
    
  • a Resolution authorizing the City Manager and the City Finance Director to revise and settle retail water accounts for the City of Forney.

• Held Public Hearings -
  • Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending the permit requirements and the regulations for a Farmers Market.
        Mr. Morgan said staff proposed making the process easier by having quarterly inspections and annual permits. They would also allow exceptions to the 150 mile source limit, and allowing live animals at the event. One person responded in favor of the changes. Mr. Myers asked if this would replace the FAC market; Mr. Morgan said FAC hasn't decided if they will continue theirs as was. Mayor Penn asked if this was just for Farmers Markets - yes, does not affect special events. Mayor Penn asked Mr. Thomas about the impact of this on food vendors; Mr. Thomas said he pays $450 / year for restaurant, but $50 for every event. He suggested not charging restaurants that already pay annual fees to be in special events; he's in favor of this proposal.
        There was no public input.
    
  • No action on withdrawn request: an Ordinance rezoning 117.865 acres of land from Agricultural district to Planned Development district. The property is identified as Kaufman County Appraisal District property id 7811, located adjacent to the west side of F.M. 1641. The proposed use is single-family residential.

• Approved an Ordinance amending the Code of Ordinances by adopting the 2017 Edition of the National Electrical Code.
      Mr. Morgan said the next 10 items are all part of an update, to maintain safety standards, and could improve the ISO rating, which would provide discounted insurance rates for citizens. Staff has informed builders about the proposed changes. The 2015 update caused an issue with FISD about storm shelters, no such major changes are in these. Mr. Thomas verified nothing major changed. Submissions on or after June 1 must comply with 2018 codes. Mayor Penn asked about the ISO ratings; Mr. Morgan said for the building rating, it would require large enough staff to review all permit and health reviews.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Building Code.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Existing Building Code.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Energy Conservation Code.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Fire Code.
      Mr. Morgan said one noteable change re: restaurants- Mr. Holcomb said new businesses must have fire alarm, existing must install fire alarm upon change of ownership. Mr. Thomas said when growth returns, don't want to burden new businesses. Mr. Holcomb said the sprinkler rule only applies to 5,000 sq ft or larger.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Fuel Gas Code.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Mechanical Code.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Plumbing Code.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Property Maintenance Code.
      Mayor Penn asked why this is international; Mr. Morgan said the international organization does this, typically Forney uses their own codes for this. Violations would result in notices, if those are ignored then a citation will be issued which could entail fines.
  
• Approved an Ordinance amending the Code of Ordinances by adopting the 2018 Edition of the International Residential Code.
      Mayor Penn asked if these are similar to city codes; Mr. Morgan said these are base codes.
  
• Approved 6-1 (Powers nay) an Ordinance amending the Code of Ordinances by providing requirements for the annual registration and inspection of multi-family and single-family rental housing.
      Mr. Morgan said this is important to deter landlords from deferring maintenance, annual inspections would be exterior and interior. Fees are $15 / MF unit, $50 / SF unit. Property owner is responsible for cost of repairs. These fees are average compared to area cities. They propose effective data in Jan 2021 to allow time for public education and property registrations. Mr. Myers asked about Multi-Family complexes - Mr. Morgan said they would inspect all units at once, would have to pay the fee for all units.
  There was a very lengthy debate about tenant safety vs. imposing more costs on landlords and some ambiguous scenarios.
      Mayor Penn asked how they will know where rental properties are? Mr. Morgan said the can find out from applications, and when notices are sent to property owners. They hope the owners will register. Ms. Powers asked about penalty for not registering a property; $150 for late registering (after Jan. 2021). The city will be publishing a form soon. Mayor Penn said she only found out about this yesterday, that's why she has so many questions.
  
• Approved an Ordinance amending the Code of Ordinances by amending the restrictions for smoking in public places
      Mr. Morgan said this provides definitions of vaping and devices, adds vaping to definition of smoking. Mr. Myers asked if this covers parks; Mr. Morgan said it does as the ordinance covers all city properties. Mayor Penn asked if this has been happening; Mr. Myers said he's seen it in the park, Mr. Morgan said they have had calls.
  
• Approved an Ordinance amending the Code of Ordinances by amending the Master Fee Schedule
      Mr. Morgan said this was to add fees for rental and fire, plus updated fees for sports tournaments. Mr. Myers said asked if there were new fees; Mr. Morgan said they are mostly new fees, most surrounding cities charge these fees. Staff has been doing inspections without fees.
  
• Approved a Resolution authorizing the execution of an agreement with the bid award alternate, Mosca Designs, for the design and construction of light displays for the City of Forney Festival of Lights, and all related issues.
      Mr. Carson said this is great news, they had been authorized to enter contract w/ Grand Prairie, but due to recent events their 3rd party vendor wasn't willing to take on additional clients. Mosca Designs has been with Ocean City for 27 years, this agreement will be more beneficial. They will not be spending the $600k in budget, will pay them a min of 75 or 50% of ticket sales and 25% of sponsorships (they may do custom displays for sponsors). Each year will be new display. The city will receive a discount for storing the displays. He sees this as a revenue generator, if get expected traffic. The display will have specific Forney features. Mr. Thomas said he appreciates all the work Mr. Carson has done, this is fantastic. Renting lights is a better way to go. They only need 250 people per day over the 30 days to make the 75k. The trams they bought will carry 86 people. This is a quality of life issue for Forney. Mayor Penn said they've been excited since seeing this in Maryland. Mr. Myers said this is more than riding a tram and seeing lights, will have shopping. He asked if there was a covid-19 resurgence in December, was there a clawback. Mr. Carson said they will be paying the 75k up front, will get the displays in Aug. Mr. Thatcher said this will have a force majeure clause, but this first year will require the payment for manufacturing; this is similar to a lease-to-own.
  
• Approved an Ordinance amending the 2019-20 Fiscal Year budget to transfer funds and consolidate CIP projects 194, 195, 197 to CIP project 193 and by transferring funds from CIP fund balance to CIP project 196 for the construction of a storage facility.
      Ms. Woodham said the ordinance will combine several projects into one, adding 100k. The storage facility will be moved to a separate budget, and be expanded by 100k. Funding is provided by removing the 500k budgeted for a drainage study that is no longer needed. Mr. Myers asked why it wasn't needed. Mr. Zook said they gathered data from previous engineer Mr. Dormier and got all the data they need.
  
• Discussed the Declaration of State of Disaster and Public Health Emergency
      Mr. Thatcher said council can address questions or issues. Mayor Penn asked chief Lunt for an update - he said Trump outlined Opening America program, to open in phases; Gov Abbot issued order so on Friday at 1201 AM retail-to-go will be allowed, where customers don't have to go inside the business. Kaufman County has a council to provide advice. Gov. opened state parks with many restrictions; he recommends keeping the parks closed. Mayor Penn asked what businesses in Forney could do curbside - smoke-shops and vape stores, maybe pet groomers. Mayor Penn asked about photographers, working outside - Chf Lunt said if she meets the guidelines. Mayor Penn said there was a probably fake notice from the governor stating opening nail salons and restaurant dining; Chief Lunt said it is incorrect. There was a long discussion about contacting persons to join the Kaufman County soft-opening council. Mr. Myers suggested getting FEDC involved, they would have more contact information.
  
• Public Comment - none
  
• City Manager's report - he thanked staff for
  
• Council Comments - Mr. Thomas said new fire chief coming, thanked Mr. Carson for hiring quality replacement personnel. Mr. Myers welcomed new fire chief, Chief Lunt for providing information. Mr. Johnson looks forward to Chief Briggs, heard good things from Abilene. Mayor Penn thanked Ms. Powers for being on the front lines, thanked council for working through this, staff is great. She is excited about the new fire chief. Feb 25 staff was directed to provide park bond election - due to covid-19 shutdown, suggest delaying that until 2021.
  
• Adjourned at 20:52