Forney City Council Apr. 07, 2015 removes 125-seat requirement

During its regular April 07, 2015 meeting without a pre-meeting, the Forney City Council:

Presented the Star Employee Award to officer Shane Ball. Mayor Rozell said he was in the right place at the right time, and was recognized by the Terrell PD. Chief Barnes said Office Ball was giving a courtesy transport to some people after an accident, there were no hotel rooms available in Forney. While he was in Terrell, saw people running from a hit & run & he took off after them on foot; Office Ball was not a stranger to going above and beyond as he has a life-saving bar on his uniform.
Greg Roemer of CWD gave a presentation of their services to the city, such as brush pickup, green events, recycling, a training program with the FISD, and last year Forney Residents recycled 623 tons saving 10,591 trees, 236,740 gallons of oil, 4,361,000 gallons of water and 2.5 million KWhrs of electricity; He also presented 2 benches made completely of recycled materials to the city.
Held Public Hearings for:
- An Ordinance amending the City of Forney Comprehensive Zoning Ordinance Section 34d, “Entertainment Overlay District”, regarding the requirements for a private club.
        Mr. Morgan briefed the council, stating that the Forney Downtown Business Assoc. & Mike Thomas requested this change, the P&Z has recommended removing the seating requirement and keeping the CUP requirement, the CBD was the only area that required a CUP, and the P&Z recommended removing the fee.
        Rick Wilson stated the overlay would be a detriment to the community, and it was not being done at an appropriate time, people were not aware of what what going on, the items should be tables. He said he has met w/ Mr. Morgan and the city was not meeting parking requirements, this was opening the city to liability now that the city owns these properties. Mayor Rozell replied the CBD has shared parking, so the requirements were being met. Mr. Wilson replied that was incorrect. Mayor Rozell asked Mr. Morgan if downtown was shared parking, he replied it was.
        Mike Thomas said he has expanded his restaurant and doubled the seating to 40, would like to sell alcohol like other restaurants do, people can walk down the street to buy alcohol & bring it back, he would like the option to sell it in the restaurant, the 125 seat requirement is very restrictive for smaller businesses competing against the large restaurants, this would benefit him, Madres', Crumbzz, Doe Belly's. He said the percentage of food sales are regulated by TABC rules & is enforced by them, who will follow up on complaints.
        Mr. Hobbs asked Mr. Morgan about the fee for CUP - it is $400. Mr. Stephens said to have no misunderstandings, this would not open up a box for bars to come downtown. Mr. Morgan said it only removes the seating, all other requirements remain. Mr. Parker asks how to square the TABC requirements with our ordinance - Mr. Morgan said the attorney verified staffs' belief that the city requirements are more strict than TABC. Mr. Parker asked what it would take to raise the 1/3 to 50%, Mr. Morgan said he would have to research the legal requirements. Mayor Rozell said he believes TABC requirements are 25% food so the city at 1/3 is more strict. Mr. Morgan said that was the case 2-3 years ago, he will have to make sure they are looking at the same permit requirements. Mr. Brooks said they will check w/ TABC, and bring it back to council if needed. Mr. Stephens said there was no reason to table it, any business wanting to sell alcohol would have to apply for a CUP - Mr. Morgan said if they were in the CBD, that is correct. Mr Parker asked what the rationale of the P&Z was - Mr. Morgan said it was related to smaller businesses along Broad St & downtown that could not accomodate 125 seats. Mr. Hobbs asked if there was a letter from the FBDA requesting this - there was. Ms. Penn asked about the issue Rick Wilson raised re: fire protection. Mr. Morgan said any new building plans would be reviewed by the fire marshal. Mr. Regan asked about the origin of the 125 seat requirement - Mr. Morgan said it was in place before his employment, but he believes it was to allow larger restaurants.
- An Ordinance amending the City of Forney Comprehensive Zoning Ordinance, amending Section 37.2, “Use Charts”, Section 29.3, General Retail District Building Height Regulations, Section 31.3, Commercial District Building Height Regulations, Section 32.3, Mixed Use District Building Height Regulations, and Section 33.3, Light Industrial District Building Height Regulations, to consider an approval process to allow for a taller building height than currently allowed.
  Mr. Morgan said the request had been made by developers, staff has done research and recommends a CUP for building over 36 ft. Ms. Penn had several questions about hotel heights. Mr. Parker asked if CUP was really the right terminology.
- Enlarging and extending the corporate boundary limits of the City of Forney, Texas, to annex approximately 0.63 acres of land situated within Abstract No. 312, Kaufman County, Texas, generally located southeast of F.M. 548 and south of Grayhawk Drive.
  Mr. Morgan said this was essentially a land-swap, the city has notified all parties, and Grayhawk has submitted plans for an amenity center. Mr. Hobbs asked about the 60 day time period - Mr. Morgan said that had been changed to within 60 days. Mr. Stephens said as PD & FD already serve that area, there will be nothing extra provided by the city, and complimented the developer for working with the land owners.
  After holding the First and Second Public Hearings, the council took no action.
- Disannexing a portion of the corporate boundary limits of the City of Forney, Texas, consisting of approximately 0.63 acres of land situated within Abstract No. 312, City of Forney, Kaufman County, Texas, generally located southeast of F.M. 548 and south of Grayhawk Drive.
  After holding the First and Second Public Hearings, the council took no action.
Receive annual audit presentation by Patillo, Brown and Hill and discuss and consider approval and acceptance of the Comprehensive Annual Financial Report (CAFR) for the City of Forney.
The auditor said first-year audits are usually bad, this one was not, and the result is a clean audit.
Approved a contract with RG3 Utilities for Removal and Installation of 1,000 Water Meters throughout the City of Forney.
Approved a one-year approval extension for the final plat of The Trails of Chestnut Meadow, Phase 5.
Approved authorization for a Request for Proposal (RFP) for design/build construction of a new addition to the park maintenance building.
Approved authorization for a Request for Proposal (RFP) for Renovation of Bell Park.
Approved the Instructions to Bidders and an authorization to seek bids for construction services for a thirty-inch sewer line along Mustang Creek (Mustang Creek Line A).
Approved the Strategic Partnership Agreement between the City of Forney and Kaufman County Fresh Water Supply District No. 6 and Authorize Commencement of Public Hearings.
Approved Amendment No. 2 to Development Agreement between DR Horton – Texas, Ltd, Dassons Commercial, Ltd, and the City of Forney.
Approved Assignment of Wastewater Service Agreement from M/C Wells Development, LLC. to Dassons Forney 208, LP and Agreement Ratifying Development Agreement.
Held an executive session until 9:33, returned and adjourned.

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