Council OK's 380 agreements, but not some other requests

During its regular Oct. 19, 2021 meeting, the Forney City Council met to recognized firefighters week and day, consider plats, 380 agreements, new Comprehensive Plan firm, deny a rezoning to LI and an automated car wash.
(watch official video)

Initial Brief Version -
• Mayor Lewis presented a Proclamation for Fire Prevention Week Oct. 3-9 and Oct. 19 as Forney Firefighters' Day.
  
• Public Comment - none.
  
• Approved as one consent item:
  • Mayor Lewis asked for clarification items 1-3: Mr. Morgan said it was originally a day care project, but now it's a retail development.
    
  • a preliminary plat for the Fox Daycare Addition, located northeast of the intersection of South F.M. 548 and F.M. 741.
    
  • a final plat for the Fox Daycare Addition, located northeast of the intersection of South F.M. 548 and F.M. 741.
    
  • a site plan for CHC Retail Forney, located northeast of the intersection of South F.M. 548 and F.M 741.
    
  • a preliminary plat for the South F.M. 548 Retail Addition, located northwest of the intersection of South F.M. 548 and F.M 1641.
    
  • a site plan for South F.M. 548 Retail, located northwest of the South F.M. 548 and F.M. 1641 intersection.
    
  • a preliminary plat for the Trailhouse Park Addition, located north of E. U.S. Highway 80 and west of Trailhouse Lane.
    
  • a final plat for the Trailhouse Park Addition, located north of E. U.S. Highway 80 and west of Trailhouse Lane.
    
  • a Resolution designating the Forney Messenger as the official newspaper.
    
  • a resolution approving the City's investment policy and broker's list.
    
  • the revisions to the revised FY22 Fire Department Pay Plan.
    
  • a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Lovett Industrial LLC.

• Held Public Hearings -
  
  
  • Denied 6-1 (Powers nay) an Ordinance approving a Conditional Use Permit for a car wash to operate as a permitted use on 1.5 acres of land at the northwest corner of South F.M. 548 and F.M. 1641.
          Mr. Morgan said this is in PD, car wash allowed with CUP.  5,400 sq ft tunnel, adjacent to Txdot ROW.  shared right-in/out drive to 548.  One response to public notices, who was concerned about # car washes in the area.  P&Z voted to approve, no one spoke at public hearing.
          Mayor Lewis invited the developer up for questions - Mr. Scarborough said an express car wash, you stay in the vehicle, vacuuming you do yourself.  Mayor Lewis asked if hours were 7-8; yes, generally during daylight.  Ms. Salgado said this is a prime piece of land.  Mayor Lewis would like to see highest use, having other car washes in the area and this not being full service, doesn't add much.  Mr. Scarborough said the equipment does an excellent job, is different than others.
          There was no public input.
          Mr. Thatcher said applicant can request reason for denial be stated.  Mayor Lewis said it's a prime piece of property, not the best use.  She asked if applicant had looked at other locations - he said no, then asked if some requirement was not met; Mayor Lewis said not that she was aware of.
    
  • Denied an Ordinance to rezone 2.605 acres of property from General Retail district to Light Industrial district. The property is located at 905 E. Broad Street.
          Mayor Lewis stated 2 of the requests at P&Z were tabled; Mr. Morgan verified that both requests for 903 were tabled.
          There was a lengthy discussion about the reason for the request, and it was stated that Oncor is able to function under the current zoning, any expansion could require variances.  General consensus was that Oncor doesn't need this change, and Light Industrial isn't a good fit for that location.
          Nate Detmer spoke: been here 19 years, his concern is who is requesting the change, Oncor could easily use CUP.  If changed to LI could open use to many other uses, such as distribution, gravel yard.  Should keep it retail, people have concerns about opening up to truck traffic, and use of the RR spur.
          Ms. Helen Williams said expressed concerns about traffic, as they must use chestnut and Broad St.  Right now it's for Oncor, if change it, could be anything put there.  She's been here since 1965, that location never had heavy truck traffic.  She asked them to keep it as is.
          Mayor Lewis asked if other uses had to go through P&Z; Mr. Morgan said would have to get site plan but uses would be permitted by the zoning.
          Mr. Roberson said his reason for moving for denial is the juice isn't worth the squeeze.  Oncor can do what they need now.

• Transportation Presentation on Current Kaufman County Bond Projects and Potential City Road Projects.
        Mr. Zook presented projects and funding options currently being considered.
  
• Denied a site plan for Quick N Clean, located at the northwest corner of South F.M. 548 and F.M. 1641.
  
• Approved an Ordinance amending the budget for fiscal year 2021-2022.
        Ms. Woodham said the EDC is included in the budget, this ordinance includes the budget approved by EDC.  The total amounts have not changed.
  
• Approved a Resolution approving the selection of a qualified firm (Halff & associates) to assist the City in a new Comprehensive Plan and authorizing the City Manager to negotiate and execute all necessary documents.
  
• Heard an appeal to the City's Parkland Dedication determination associated with Windmill Farms Preliminary and Final Plats, Phases 4D-2 and 4D-3, in accordance with Section 212.904 of the Texas Local Government Code.
        Mr. Thatcher said 2 phases at WMF went to P&Z, were denied due to failure to account for parkland requirements, which were updated in 2018.  Applicant has right to appeal.
        David Martin provided evidence in support of their claim, which he provided to council.  In summary, they have 2 points: cities in Texas do not have legal authority to charge parkland fees in ETJ.  If cities do have the right, the developer should get credit for the trails, parks and open spaces developed at a cost of 2.5 million, which was not taken into account by staff.
        Mayor Lewis asked if they have 30 days to decide - Mr. Thatcher said yes, he's provided a brief stating the city's position to the developer.
  
• Approved a Resolution approving a Chapter 380 Grant Agreement with Lovett Industrial LLC; finding that such agreement and grant constitutes a program to make grants and loans of public money pursuant to Section 380.001 of the Texas Local Government Code to promote economic development and to stimulate business and commercial activity within the City; authorizing the City Manager to execute the agreement and providing an effective date.
  
• Approved a Resolution approving a Chapter 380 Grant Agreement with TSHH, LLC; finding that such agreement and grant constitutes a program to make grants and loans of public money pursuant to Section 380.001 of the Texas Local Government Code to promote economic development and to stimulate business and commercial activity within the City; authorizing the City Manager to execute the agreement and providing an effective date.
  
• Board and commission appointments: Building Standards Commission Board and the Economic Development Corporation.
        Ms. Brooks said 3 vacancies on Building Standards, have 4 applications.  Stewart McGregor resigned from EDC.
        For Building Standards, Appointed Dianne Mcpherson, John You, Victor Sandoval.
        For EDC appointed Louis Warez
  
• Held a 55-minute executive session
  
• Approved authorizing staff to terminate contract with ATI, and to execute a new emergency services contract with an alternate bid.
  
• Adjourned at 2131