City Council OK's motorcycle dealer, 380 agreement, proceeds w/ annexation

During its regular May 17, 2016 meeting, the Forney City Council met and (this is a preliminary report, subject to revision):

• Elected members McGee, Powers and Penn were sworn in.

• Approved, as consent items:
  
  • a final plat for Windmill Farms, Phase 3B, a residential subdivision located north of U.S. Highway 80 and west of Iron Gate Boulevard.
    
  • a preliminary plat for the Forney animal shelter, to be constructed east of the Centenary Drive and Holly Leaf Trail intersection.
    
  • a final plat for the Forney animal shelter, to be constructed east of the Centenary Drive and Holly Leaf Trail intersection.
    
  • a site plan for the Forney animal shelter, to be constructed east of the Centenary Drive and Holly Leaf Trail intersection.

• Held public hearings regarding:
  
  
  
  • A replat of the Forney Revised plat, Block 42 (PT). The property consists of 2.378 acres located at the southeast corner of Chestnut Street and Broad Street in the City of Forney.
    
    There was no public input, Mayor Wilson asked if the RR crossing would be affected (it will not). The item was approved.
    
  • An ordinance for approval of a Conditional Use Permit. The request is for the use of Motorcycle Dealer (New/Repair/Used) to operate at 113 E. U.S. Highway 80 and 117 E. U.S. Highway 80.
    
    Mr. Morgan briefed council; staff received no comments, P&Z approved 3-1, due to member Coffmans' concerns about nearby restaraunts.

    This includes allowing product display further than 30' from the building.
    
    There was no public input. Ms. Penn expressed concerns about events. Mr. Steimel said the dealerships he currently owns have events, not parties. Ms. Penn asked if the events require more police dept protection - no, it is a very tame group. Ms. Penn expressed concern about what happened in Waco, which she notes did not happen at a motorcycle place. She asked about advertising. Mr. Steimel stated their business plans and events are family oriented, Easter egg hunts, they donate to Shriners hospital, toys for tots. He believes this will provide a postive impact from the clientele. Mr. Stephens thanked him for taking a chance coming to Forney - he is excited. Mr. Regan asked where the other dealerships were - 635 & Centerville & Shiloh. He said it is exciting to have their unique offering in Forney. Mr. Johnson said at the P&Z the concern was about events - he asked about the fencing. Mr. Philbeck is adamant they have there own parking lot, and does not want them using the shared parking. Darell Peters knows Sean - Waco was a whole different group. They like to ride motorcycles and work with charities, are not a group of bad people . Ms. Penn clairied she didn't think that was their clientele, but we have had a problem with our park, she wanted to be sure the advertising wouldn't attract... Mr. Regan asked what % product new vs used: it is 2:1. Mr. Regan said this is not unlike a car dealership, with finance & service departments, and asked if you could buy there & pay there - no.
    
    The item was approved.
    

  • An ordinance amending the Gateway Parks Planned Development, PD 15-01 by increasing the maximum lot coverage.
    
    Mr. Morgan briefed the council. The applicant stated the purpose of the request was to build larger home. Staff received no comments.
    
    There was no public input. Mr. Regan asked about the P&Z vote - 4-0. So it is for larger home on same size lot? Yes. Less grass to mow? Probably. Mayor Wilson asked if any setback had been changed - no, only the lot numbers. Mr. Regan asked if the request was unique or standard - Mr. Morgan said it was not out of the ordinary.
    
    The item was approved.
    
  • An ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending the area regulations for residential development.
    
    Mr. Morgan said the purpose was to increase base zoning home and lot sizes. Looking at base SF-6 and SF-8 for requests, those are the focus of the amendments. It will also change PD language to allow negotiating sizes in future. The P&Z raised the values further. Staff is researching time limits. There are also minor changes on fencing, storage & such. Min. home size changed from 1,200 to 1,500 sq. ft.
    
    There was no public input. Mr. Johnson said while he was on the P&Z, larger homes was a goal. Ms. Penn told Mr. Morgan they had done a great job. Mr. Morgan said existing zoned areas will no be affected. Mayor Wilson asked if the percentage had changed, Mr. Morgan said it had been increased, still is on the low side.
    Mayor Wilson asked about existing lots - they will be legal non-conforming.
    
    The item was approved.

• Approved all matters incident and related to approving and authorizing publication of notice of intention to issue certificates of obligation, including the adoption of a resolution pertaining thereto.
  
  Ms. Woodham introduced Mr. Bulash, who explained what the notice to be published consisted of. They will also look at the 2007 bonds. Currently rates are 3%, saving about $700,000 over 7 years.
  May Wilson asked if was originally 2.4 million, Ms. Woodham said yes, but were able to find other funding sources.
  
• Approved authorizing and directing appropriate city officials, consultants and advisors to proceed with arrangements relating to a proposed development project with Bleriot Forney #1, LTD, including the adoption of a resolution pertaining thereto.
  Ms. Woodham introduced Mr. Medanich, who showed the map of the PID.
  Ms. Penn asked if, when selling homes, people were told . Ms. Penn said some people have had issues with a PID. He said is it disclosed in the documents.
  Misty Ventura, attorney representing the owner, said state law requires disclosure at time of contract and closure.
  Mayor Wilson asked if this would come back to the council.
  He said yes, it would move forward - if it is not a marketable security, it won't be done. Mayor Wilson asked if all expenses were borne by developer - yes.
  Mr. Regan asked about purpose of PID - it is to recover expenses. For this one, from 2008, each PID is different, this is an economic development tool. Mayor Wilson asked about rates - significantly different (higher) than CO's. Mr. Regan asked if the PID assesement were applied only in that area - yes. He then asked if it was a barrier to sales. It is equivalent to a tax of 27 cents. Mr. Cantrell said it is always a concern, if homeowners are willing to pay more. Builders say owners are more than willing to pay for - larger lots, bigger house. When they came out in about 2001, city wanted larger lots. They get better exterior walls, lanscaping, entrance, finish monitor road 4 years ahead of schedule. Homebuilders have answered a resounding yes. Mr. Mcgee asked if monitor would be completed at cost of developer - yes.
  
• Approved a schedule and service plan for the annexation of property located south of U.S. 80 on the west boundary of Forney city limits.
  
  Mr. Morgan briefed the council on the power plant property, public hearings on, council vote on July 19.
  Ms. Penn asked if it was moving forward and could be stopped if desired? Yes.
  Ms. Powers asked if the city was losing anything - no.
  Mr. Stephens asked if we already provide fire & police. chief Townsend said yes, chief Barnes said no, sheriff covers that.
  Mr McGee asked what financial impact it would have on emergency services - Chief Townsend wasn't sure.
  
• Approved an Ordinance amending the budget for fiscal year 2015-2016 to allocate $10,000 from HOT funds to the BBQ Cook-off event.
  Mr. Woodham said original was 10k, now is 5k HOT and 5k from budget.
  Ms. Penn was in favor of spending the money - but supposed to be 50% funded, is this in the guidelines? - yes. Mayor Wilson said it was a state requirement - Ms. Penn and Ms. Woodham said it is local.
  
  The item was approved.
  
• Approved HOT Funds re-application language for the HOT Funds application.
  Mr. Ketteman said he had previously come to the council about the mural, its repayment and reallocation of funds. He was then directed to craft language to cover this situation, that is presented here.
  
• Approved a Chapter 380 Agreement with First Texas Homes.
  details to follow.

• Discuss and consider making the annual appointment to the North Texas Municipal Water District Board.
  Ms. Brooks said Mr. Darrell Grooms' term was up.
  Ms. Powers moved to reappoint Mr. Grooms - the motion failed 3-4.
  Mr. Mcgee moved to appoint Mike Lopez - the item passed 5-2.
  
• Public comments - none.