Regular Meeting 5 City Hall, 101 E. Main Street, Forney, Texas 75126

Transcription

1 1 Minutes 2 Forney City Council 3 Tuesday, September 5, : 30 p. m. Regular Meeting 5 City Hall, 101 E. Main Street, Forney, Texas I. CALL MEETING TO ORDER 11 Mayor Wilson called the meeting to order at 6: 32 p. m. Present were Mayor Rick Wilson, Mayor 12 Pro Tern Mary Penn and Council Members Cory McGee, Shaun Myers, Robbie Powers, Kevin 13 Moon and David Johnson. Also present was City Manager James Fisher II. INVOCATION / PLEDGE OF ALLEGIANCE MAYOR RICK WILSON III. PROCLAMATIONS/ PRESENTATIONS Constitution Week Proclamation Mayor Wilson read the Constitution Week proclamation IV. OPEN FORUM/ CITIZEN COMMENTS 24 This is the public's opportunity to address the City Council on any matter related to the City. However, in accordance with the Texas 25 Open Meetings Act, Section , the City Council cannot discuss, consider, or take action on matters not listed on the agenda. 26 The City Council will receive citizen comments, and if necessary, may refer the matter to City staff for research, resolution or referral 27 to Council on a future agenda. As described in the City's Public Meeting Procedures, comments will be limited to three( 3) minutes Mayor Wilson opened the floor to anyone in the audience who wished to address the council on 30 any matter not on tonight's agenda. The following persons came forward to address the 31 Council: Linda Gamble Pinewood Trail 35 Forney, Texas Ms. Gamble discussed the traffic issues at Claybon Elementary School and the 37 streets surrounding the area. In addition to the area being extremely hazardous 38 to pedestrians ( children) people are parking in front of mail boxes and the post 39 office is giving notice that if it cannot deliver the mail it will start holding it at the 40 post office Ricky Barnes County Road Forney, Texas 45 Mr. Barnes read a statement regarding the Barrow report that was recently 46 published about the police department There being 49 session. 50 no one further to address the Council, Mayor Wilson closed the open forum Page 1

2 51 V. APPROVAL OF MINUTES Consider approval of the Minutes from the City Council meeting held on 54 August 15, Mayor Wilson asked if Council had any changes to the minutes. There being no changes, 57 Mayor Wilson called for a motion. Mayor Pro Tern Penn made a motion to approve the August 58 15, 2017, Minutes and Council Member Myers seconded the motion. The motion passed 59 unanimously by a vote of 7 ayes and 0 nays Consider approval of the Minutes from the City Council Special Meeting 62 held on August 22, Mayor Wilson asked if Council had any changes to the minutes. There being no changes, 65 Mayor Wilson called for a motion. Council Member Powers made a motion to approve the 66 August 22, 2017, Minutes and Council Member McGee seconded the motion. The motion 67 passed unanimously by a vote of 7 ayes and 0 nays VI. PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS Hold a public hearing on the proposed budget for fiscal year and take any action necessary. This budget will raise more 73 total property taxes than last year's budget by $ 581, 774 ( 7. 26%), and 74 of that amount $519, 999 is tax revenue to be raised from new 75 property added to the tax roll this year Mayor Wilson made a motion to open the public hearing at 6: 52 p. m. and Mayor Pro Tern Penn 78 seconded the motion. The motion passed unanimously by a vote of 7 ayes and 0 nays. City 79 Manager Fisher discussed the budget. The budget will be on the agenda for September 19, , for adoption. After Council discussion, which included police pay and the compensation 81 study, Mayor Wilson called twice for public comments. No one came forward to address the 82 Council. City Manager Fisher stated that the Compensation Plan Study will be brought to the 83 Council in November. Mayor Wilson called for a motion to close the public hearing at 7: 07 p. m. 84 Mayor pro Tern Penn made a motion to close the public hearing and Council Member Johnson 85 seconded the motion. The motion passed unanimously by 86 action was taken by Council on this item. 87 a vote of 7 ayes and 0 nays. No Hold a public hearing ( 2nd public hearing) on a proposal to increase 89 total tax revenues from properties on the tax roll in the preceding 90 tax year by. 62 percent ( percentage by which proposed tax rate 91 exceeds lower of rollback tax rate or effective tax rate calculated 92 under Chapter 26, Tax Code) Mayor Wilson asked for a motion to open the public hearing at 7: 06 p. m. Council Member Moon 95 made a motion to open the public hearing and Council Member McGee seconded the motion. 96 The motion passed unanimously by a vote of 7 ayes and 0 nays. City Manager Fisher 97 discussed this item. Mayor Wilson called for public comment. Mr. Mike Myers, 308 Bluffview 98 Court, Forney, Texas, asked where the.62 percent came from. Mr. Fisher stated that he would 99 get the information to him. No one else came forward to address the Council. Mayor Wilson 100 called for a motion to close the public hearing at 7: 10 p. m. Mayor Pro Tern Penn made a 101 motion to close the public hearing and Council Member Myers seconded the motion. The Page 2

3 102 motion passed unanimously by a vote of 7 ayes and 0 nays. Council took no action on this I item Hold a public hearing to discuss and consider a request for a 106 certificate of appropriateness, in accordance with the Historic 107 Overlay Zone district regulations, for renovations to the main 108 structure located at 325 S. Bois D' Arc Street in the City of Forney, 109 Texas Mayor Wilson called for a motion to open the public hearing at 7: 10 p. m. Council Member 112 Myers made the motion to open the public hearing and Council Member Powers seconded the 113 motion. The motion passed unanimously by a vote of 7 ayes and 0 nays. Community 114 Development Director Peter Morgan discussed this item Mr. Robert Jeansonne requests approval of remodel plans for the main structure located at S. Bois D'Arc Street. The property is located within the Historic Overlay Zone. The 118 Architectural Review Board is unable to consider the request due to a number of conflicts of 119 interest. The Historic Overlay Zone provides approval authority to the Architectural Review 120 Board. However, it is considered to be a conflict of interest if a board member owns property 121 within two- hundred feet of the request property. Due to the location of this request the 122 Architectural Review Board is unable to meet with the necessary quorum. The City Council may 123 make a determination in place of the Architecture Review Board Current Standards: S. Bois D' Arc Street is currently used for a copy shop. The previous use of the property 127 included a medical office. Asphalt street parking is currently the primary parking for customers. 128 The property is zoned within the Office District and is located within the Historic Overlay Zone. 129 The Historic Overlay Zone is a zoning district that provides additional regulations to the 130 properties within the overlay. The purpose of the regulations is to provide for the protection, 131 preservation and enhancement of a geographic area that reflects the historic past and " small 132 town" heritage and character of the City of Forney, specifically including buildings, structures, 133 sites and areas of historic importance or value Request Details: 136 Approval is requested for a certificate of appropriateness for a new paint color, roof, door, and 137 parking addition Details are as follows: The paint color proposed for the main structure is Brick House, taken from the Valspar Paint 142 Home Collection. The paint color proposed for the trim of the structure is Ivory Lace, also taken 143 from the Valspar Paint Home Collection. According to the Historic Overlay Zone district 144 regulations, Section 34e. 10. A.7( k), it is recommended to use colors that reflect the historic 145 character of the building or structure. Staff review concludes that the requested colors are within 146 the historic nature of the Historic Overlay Zone The property owner has also supplied staff with a visual representation of the proposed roof 149 color, as well as the applicant' s proposal for a soffit and fascia accent to be added the main 150 structure. According to the Historic Overlay Zone district regulations, Section 34e. 10.A.7( j), it is 151 recommended to install a roof that is comparable to the historical features of the building or 152 structure, provided there is not undue financial burden and the roof materials meet current Page 3

4 153 safety requirements. Staff review concludes that the requested roof design is within the historic I154 nature of the Historic Overlay Zone On the rear portion of the main structure, the property owner is proposing a Bisque 157 Fiberglass French outswing patio door. This door will be forty-eight feet (48') wide and will open 158 up outwards. Staff review concludes that the requested patio door is within the historic nature of 159 the Historic Overlay Zone The applicant also requests the addition of five parking spaces located in the rear of the 162 property, as well as to re- asphalt the existing and deteriorating asphalt drive. The current 163 asphalt though out the property that is proposed to be repaved is combined an approximate 164 3, 000 square feet. The newly proposed concrete parking addition is approximately 810 square 165 feet in size. According to the City of Forney Comprehensive Zoning Ordinance, Section D. 1, it is required that off-street non- residential parking spaces be a minimum of nine feet 167 ( 9') by eighteen-foot ( 18"). All five proposed parking spaces meet this requirement The Historic Overlay Zone district regulations provide guidance for the Board to make decisions 170 regarding requests Section 34e10. A( 4) states that: " Upon review of the application and consideration of all 173 testimony presented during the public hearing, the ARB shall determine whether the proposed 174 work is of a nature which will adversely affect: a) Any historical, architectural, archaeological, or cultural feature of the building or structure; or 178 I177 I 179 b) The future preservation, maintenance and use of the HOZ District." Certificate of approval guidelines, noted in Section 34e10. A(7), discuss that the general design, 182 arrangement, texture, material, color, and fenestration of the proposed building or structure 183 should show relation to such factors to similar buildings in the immediate vicinity of the structure 184 in question Staff recommends approval The applicant, Mr. Robert Jeansonne, came forward to answer any questions the Council had. 189 Council Member McGee he did not like the red color, that he feels that it does not fit the area. 190 Mayor Pro Tern Penn stated she would like to see a dark red. Mayor Wilson called for public 191 comment. Ms. Kendall Milton, 109 E. Church, stated that she lives a couple of blocks from this 192 property and that she has no problem with the color or other changes Mayor Wilson called for a motion to close the public hearing at 7: 22 p. m. Mayor Pro Tern Penn 195 made the motion to close the public hearing and Council Member McGee seconded the motion. 196 Mayor Wilson called for a motion. Mayor Pro Tern Penn made a motion to approve the request 197 and Council Member Johnson seconded the motion. The motion passed by a vote of 6 ayes 198 and 1 nay [ McGee]. 199 Page 4

5 I 200 VII. DISCUSSION / ACTION ITEMS Discussion of Hurricane Harvey relief efforts City Manager Fisher stated that for now cash donations would be best. ( Salvation Army or Red 205 Cross). Too much stuff has been given and because it has to be sorted, etc. it is taking people 206 away from the relief effort. He thanked Warren Ketteman for organizing and getting 400 loaves 207 of bread distributed in Livingston. Ketteman stated that Holly Dempsey was instrumental in this 208 effort Mayor Wilson stated that he had been talking to others and we want to be sure that family and 211 friends that have been impacted by Harvey are not overlooked. He would like to adopt a city of 212 similar size down there and help them to rebuild. He proposed that we start a non- profit fund for 213 this and is willing to donate $ 5, 000 to move this forward. After a short discussion on this 214 proposal, Council stated they would rather help by individual efforts Discuss and consider approval of a Resolution approving a Letter 217 Agreement between ICE Challenge Enterprises, LLC and the City of 218 Forney for the provision and operation of a temporary outdoor ice 219 rink Parks Director Rick Curry and Special Events Coordinator Alexa Beasley discussed this item. 222 Upon the decision to move several elements of the City of Forney' s Christmas event to Forney 223 Community Park, staff started researching holiday themed attractions that would improve the 224 event at its new location. After reviewing other holiday events, one attraction stood out as a 225 unique experience that no one on else on the east side of the Metroplex can offer, and real 226 outdoor ice rink. Three companies were contacted to provide insight and quotes for the 227 installation and operation of a seasonal Ice Rink at Forney Community Park. Two of the three 228 companies expressed interest in working with the City of Forney and provided detailed quotes. 229 ICE Challenge Enterprises, LLC provided the lowest bid of $ 98, for ice rink installation, 230 operation and staffing. In addition, $ 51, was budgeted for a tent rental, electrical power, 231 purchase of decorations, marketing and promotions. The total budget of $ 150, has been 232 added to the FY2017 & FY2018 budget. This amount does not come out of HOT Funds. Staff 233 recommends approval of this item After a short discussion, Mayor Wilson called for a motion. Mayor Pro Tern Penn made a 236 motion to approve the Resolution and Council Member McGee seconded the motion. The 237 motion passed unanimously by a vote of 7 ayes and 0 nays Council took a short break from 7: 52 p. m. to 8: 04 p. m Consider and take action, if any, on the Memorandum of Agreement 242 between the City of Forney and the Forney Messenger Mayor Wilson announced that this item would be discussed in Executive Session. 245 City Council Minutes- September 5, Page 5

6 Discuss and consider approval of a recommendation from Forney I247 EDC Board of Directors in regard to allocation of Hotel Occupancy 248 Tax (HOT) funds FY I EDC Director Warren Ketteman discussed this item. Ketteman stated that law provides that % max can be used for historical purposes; 15% for arts; and that greater than 1/ 7 of the total 252 funds must be used for advertising. There are certain criteria that must be met to be eligible for 253 HOT Funds. Discussions ensued regarding the Lion Club' s Stampede, the Lion Club' s signage 254 at Community Park; the Art Council' s Wine and Walk event; the Downtown Business 255 Association' s request and the Forney Garden Club request. Additionally, additional funds in the 256 amount of $ 1, 700 for Turkey Trax were discussed. Staff will look for additional funds for this 257 and this matter will be on the September 19, 2017 agenda. There being no further discussion, 258 Mayor Wilson called for a motion. Mayor Pro Tem Penn made a motion to approve the funding 259 as submitted with the changes discussed. Council Member Myers seconded the motion and the 260 motion passed unanimously by a vote of 7 ayes and 0 nays Mayor Wilson announced that he was recusing himself from discussion or action on Action Item 263 No. 5 and left the Council Chambers. Mayor Pro Tern Penn took over the meeting Discuss and consider approval of amending the Performance 266 Agreement with Forney RMKP, LLC ( Hampton Inn) in regard to the 267 Expiration Date and date of secured financing Forney Economic Development Director Warren Ketteman discussed this item. On September 270 8, 2016, the Forney EDC Board of Directors took action and approved a Performance 271 Agreement with Forney RMKP, LLC. That agreement is attached for your review. The total 272 amount of the incentive included in the Performance Agreement is $ 125, 000. $ 100, 000 to 273 reimburse Forney RMKP, LLC for certain infrastructure improvements and an additional 274 $ 25,000 upon proof of a fast food restaurant building permit on property adjacent to the 275 Hampton Inn within six months of the Hampton Inn " Certificate of Occupancy" being issued. 276 The current Performance Agreement with Forney RMKP, LLC contains an Expiration Date of 277 September 30, Due to delays incurred by RMKP, LLC, this date is no longer feasible. 278 The Forney EDC Board recommended and approved a new Expiration Date of December 31, The Forney EDC Board also recommended and approved that RMKP, LLC show proof of 280 financing for this project by the original Expiration Date of September 30, Mr. Kaveen 281 Patel, RMKP, LLC is aware of these recommended changes and concurs with the action of the 282 Forney EDC Board After discussion, Mayor Pro Tem Penn called for a motion. Council Member Moon made a 285 motion to approve the amendment of the Performance Agreement and Council Member McGee 286 seconded the motion. The motion passed by a vote of 6 ayes and 1 abstain [ Wilson] Mayor Wilson returned to Council Chambers at this time. 289 r Discuss and consider and take action, if any, on the on the 291 resignation of Raymond Stephens, Jr. from the North Texas 292 Municipal Water District Board City Manager Fisher discussed this item. Mayor Wilson called for a motion. Council Member 295 Moon made a motion to accept Mr. Stephens' resignation and Council Member Johnson 296 seconded the motion. The motion passed unanimously by a vote of 7 ayes and 0 nays. Page 6

7 297 I Update regarding Board and Commission vacancies and take any 299 action necessary City Secretary Brooks stated that with the resignation of Mr. Stephens, we now have vacancies 302 on several our boards and commissions. Additionally, today we were notified of the resignation 303 of Chad Thorpe from our TIF Board. Given that we have only have one application for the North 304 Texas Municipal Water District Board and very few applications for our other boards, Ms. 305 Brooks asked Council if they wanted her to advertise for the positions and bring back the 306 information at the next Council meeting. Council Member Johnson stated he would like to 307 interview the applicants for the NTMWD board and Council Member McGee agreed. When 308 asked, Brooks advised that the only application we have for the NTMWD board is from Darrell 309 Grooms. Council asked that Mr. Grooms come forward to be interviewed. Mr. Grooms stated 310 that he previously served on the NTMWD board for four years. He has municipal experience 311 from serving on the Planning and Zoning Commission, City Council, and as Mayor. He is 312 currently in construction and he does consulting with developers. He consulted with Jim Mabry 313 on Vintage Meadows and Lakewood, the Hunts on Gateway, and on the Kroger project. He 314 does not believe there is a conflict with him serving on the NTMWD and doing consulting work 315 with developers Mayor Wilson called for a motion. Mayor Pro Tern Penn made a motion to appointment Darrell 318 Grooms to the NTMWD Board and Council Member Moon seconded the motion. The motion 319 passed by a vote of 6 ayes and 1 nay [Wilson]. 320 I Consider and take action, If any, on an Ordinance amending 322 Ordinance 17-20, adopting the 2015 edition of the International 323 Building Code City Manager Fisher discussed the background of this item. This item is placed on the agenda 326 to allow the City Council to consider amending Ordinance This Ordinance brought the 327 City' s Building Code standards up to the 2015 edition. It provided a grace period for 328 implementation, but that period was not sufficient for projects caught in the design stage. This I 329 proposed amendment will allow until January 1, 2018 for projects to get submitted for 330 consideration by the City and follow the Code regulations that were in place when they were 331 under design. This really impacted the FISD with regard to storm shelters Mayor Pro Tern Penn stated she could not support this because it impacts the safety of our 334 children. Council Member McGee agreed. Mayor Wilson called for a motion. Mayor Pro Tern 335 Penn made a motion to deny the ordinance and Council Member McGee seconded the motion. 336 The motion passed by a vote of 6 ayes and 1 nay [Wilson] Discuss and consider taking action on a resolution approving an 339 Economic Development Agreement with Forney Marketplace, LLC, 340 and all related issues Mayor Wilson stated that this item would be discussed in Executive Session. 343 Page 7

8 344 I Discuss and consider approval of a resolution approving a 346 professional services agreement for special counsel to the City of 347 Forney, and all related issues Mayor Wilson stated that this item would be discussed in Executive Session VIII. CITY MANAGER' S REPORT City Manager Fisher advised that we had over 100 applications for fire fighters. We will be 354 testing next week. Fisher stated that we need a work session to discuss the utility fund. Fisher 355 also stated that two Council Members had requested to ride in the Homecoming Parades and 356 stated that if any of the other Council Members want to ride, they need to let him know by 357 tomorrow Council Member Myers asked if anything was being done about the power outages in Heritage 360 Hills. Fisher stated that Oncor is working on it and that their representative will be here 361 September 19 or October 3 to discuss the issues Mayor Wilson asked about the issues at the Animal Shelter. Community Services Director 364 Morgan stated that there is a drainage issue that has prevented a certificate of occupancy from 365 being issued, but it should be alleviated by the end of the month. Morgan stated that we are 366 opening up the shelter for animals affect by Hurricane Harvey. There will be roughly 8 dogs and 367 some cats IX. COUNCIL COMMENTS Council Member McGee thanked all the non- profits that came out tonight, they do a lot for our 372 community. The Lion' s Club sign would be a huge asset Council Member Myers thanked everyone for staying and thanked the Parks Board for the ice 375 skating rink Council Member Powers thanked the non- profits for the Wine Walk Council Member Moon thanked everyone for coming out and staying Mayor Pro Tem Penn thanked Warren and the EDC Board re the HOT Funds. Warren gave 382 kudos to Stewart McGregor for his work on them. Penn asked that everyone please keep the 383 Yandell Family in their prayers, she asked for prayers for people affected by Hurricane Harvey 384 and now those that will be affected by Hurricane Irma. She congratulated Darrell Grooms on his 385 appointment Council Member Johnson stated he echoed Cory and Shaun. It is a great idea regarding the ice 388 rink. He thanked James and Staff for their work on it. He congratulated Darrell Grooms on his 389 appointment Mayor Wilson thanked everyone involved in the relief efforts for Hurricane Harvey, the people I392 there do appreciate it. 393 Page 8

9 394 Mayor Wilson stated that Council would now adjourn in to Executive Session and called for a I395 motion. Mayor Pro Tern Penn made a motion to adjourn into Executive Session at 9: 52 p. m. 396 and Council Member Johnson seconded the motion. The motion passed unanimously by a vote 397 of 7 ayes and 0 nays X. EXECUTIVE SESSION 400 Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections , , , , and Executive Session may be held, under these exceptions, at the end of the Regular 402 Meeting or at any time during the meeting that a need arises for the Council to seek advice from the City Attorney's 403 Office as to the posted subject matter of this City Council meeting Consult with legal counsel regarding pending or contemplated litigation or 406 a settlement offer and/or matters in which the duty of the attorney to the 407 governmental body under Texas Disciplinary Rules of Professional 408 Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of 409 the Texas Government Code ( Tex. Gov't Code Section ); a. North Texas Municipal Water District 412 b. Request to Joint Amicus Curiae Brief in Cause No in 413 the Supreme Court of Texas Deliberate the appointment, employment, evaluation, reassignment, 416 duties, discipline, or dismissal of a public officer or employee ( Tex. Gov't 417 Code ); a. City Manager 420 b. City Attorney Discuss or deliberate regarding commercial or financial information that 423 the City has received from a business prospect that the City seeks to 424 have locate, stay, or expand in or near the territory of the City of Forney 425 and with which the City is conducting economic development 426 negotiations; and to deliberate the offer of a financial or other incentive to 427 the business prospect (Tex. Gov't Code Section ) Discuss or deliberate the purchase, exchange, lease, or value of real 430 property ( Tex. Gov't Code ) Council returned to Chambers at 11: 43 p. m. and Mayor Wilson called for a motion to adjourn 433 out of Executive Session at that time. Mayor Pro Tern Penn made the motion to adjourn out of 434 Executive Session and Council Member McGee seconded the motion. The motion passed 435 unanimously by a vote of 7 ayes and 0 nays Council took the following actions as a result of Executive Session: Consider and take action, if any, on the Memorandum of Agreement 440 between the City of Forney and the Forney Messenger Council Member Moon made a motion to authorize the City Attorney to negotiate a contract per 443 Council discussion in Executive Session and Mayor Pro Tem Penn seconded the motion. The 444 motion passed unanimously by a vote of 7 ayes and 0 nays, City Council Minutes- September 5, 2017 Page 9

10 445 I Discuss and consider taking action on a resolution approving an 447 Economic Development Agreement with Forney Marketplace, LLC, 448 and all related issues No action is being taken at this time; the matter is being referred to the City Attorney Discuss and consider approval of a resolution approving a 453 professional services agreement for special counsel to the City of 454 Forney, and all related issues Council Member Johnson made a motion to approve the Resolution and Council Member Myers 457 seconded the motion. The motion passed unanimously by a vote of 7 ayes and 0 nays Mayor Pro Tern Penn made a motion to have the City Attorney draw up a separation agreement 460 with the City Manager and Council Member Myers seconded the motion. The motion passed by 461 a vote of 4 ayes [ Penn, Myers, Powers and Moon] and 3 nays [Johnson, McGee and Wilson] There being no further business to come before the Council, Mayor Wilson adjourned the 464 meeting at 11: 47 p. m PASSED AND APPROVED (= Y THE C TY OUNCIL OF THE CITY OF FORNEY, 467 TEXAS, this C g day of _, f1 i44l.. 1_A, Rick Wi son, ayor 472 u+ rrrr 473 ATT ST: of- FQ" 1,, 474 i '. 475 Le , 10. 1),(4) 476 Dorothy Brooks, CMC, City Secretary a 477 i r rrr,ri, EXAS*. `` 4, 0 Page 10