FORNEY, Texas – The Forney City Council held four public hearings, read two proclamations, and acted upon several consent and action items including the annexation of land on the city's south side at their June 17, 2014 council meeting.
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Proclamations
Forney Mayor Darren Rozell declared the week of June 15-21, 2014, as Motorcycle Safety and Awareness Week by reading a proclamation to several members of the Wolverines MC of Rockwall, Texas. “I urge all residents to do their part to increase safety and awareness in our community,” said Rozell.
Rozell also declared June 19, 2014, as Juneteenth to recognize the general order and emancipation of slaves in Texas by Major General Gordon Granger on June 19, 1865.
Consent Agenda
The council approved three items on the consent agenda with one unanimous motion and vote which approved the minutes of the June 3, 2014, meeting, a revised site plan for Huddle House, and a contract for Kaufman County Assessments and Collections.
The revised site plan for Huddle House allows for unique front and rear facade improvements at their proposed location in Mustang Crossing. Huddle House will hold a pre-construction meeting next week and will be able to begin construction shortly thereafter.
The Kaufman County Collections and Assessments contract is an updated contract with the Kaufman County Tax Assessor/Collector's office. The per parcel cost for ad valorem tax collections remained the same from 2013 to 2014 at $1.50 each.
Public Hearing Items
The council unanimously approved a conditional use permit for Random Finds, a consignment shop and used merchandise store, to operate at 10470 U.S. Highway 80. Random Finds plans to sell antiques, memorabilia, and resale items from the movie and theater industry. No members of the public spoke regarding this item.
The council also unanimously approved an ordinance to rezone 306 North Center Street from SF-6 Single Family Residential District to GR General Retail District for the purposes of operating an insurance company – 1st Choice Insurance. Four parking spaces will be added behind the building to accommodate additional parking needs. No members of the public spoke regarding this item.
The council, after a lengthy discussion, ultimately decided to table any action regarding an ordinance amending Section 48 of the City of Forney Comprehensive Zoning Ordinance which regulates signage – more specifically, language concerning the use of neon signs was debated.
The amendments would have “cleaned up” the existing ordinance of redundant information and provided clarification on other items such as perpendicular signs, blade signs, canopy sign attachments, coming soon signs, feather flags, and included a definition for L.E.D. signs. The amendments also allowed for the use of neon signs as a franchise or with an exception approved by the Board of Appeals.
Council members requested additional clarification on the use of neon signs and wanted the process for franchises and local, mom-and-pop shops to be the same. Council member Robbie Powers requested the use of neon signs only in retail and business districts.
Two members of the public spoke in favor of the use of neon signs – one stating most businesses in Forney already use neon signs which is against the current ordinance. The concerns of the council and the public will be addressed at an upcoming workshop.
The council then unanimously approved an amendment to an ordinance regulating awnings and canopies to allow for larger awnings for food establishments for outdoor seating and dining areas. The previous ordinance restricted the projection of an awning to no more than 10 feet outward from a building. The amendment will allow a food establishment up to 15 feet projection from a building. No members of the public spoke regarding this item.
Action Items
The Forney City Council unanimously approved a performance agreement between the Forney Economic Development Corporation (FEDC) and Mama's Daughters' Diner to reimburse the diner for qualified expenditures not to exceed an amount of $25,900 – an amount based on over $129,500 in renovation costs at their 111 East Main Street location.
The agreement between Mama's Daughters' Diner and the FEDC requires the diner to submit invoices, receipts, and other documentation to show $129,500 was spent renovating their building – an amount City Manager Brian Brooks said they have exceeded. The agreement also requires the diner to open before August 1, 2014, be open to the general public seven days a week, have a minimum of $1 million in annual sales, employ 20 full-time equivalent employment positions, pay and report sales and use taxes, and pay their ad valorem taxes.
The diner will pay the FEDC back the $25,900 in collected Type B Sales and Use Tax Revenue during the term of the agreement which expires on August 31, 2019. In the event that $25,900 isn't collected via Type B Sales and Use Tax Revenue collection at a rate of one-half of one percent, the diner agrees to pay the FEDC the difference between $25,900 and the aggregate total of Type B Sales and Use Tax Revenue.
The council then unanimously approved a resolution which accepted a petition filed by South Forney, LLC, to annex three tracts of land from the City of Forney's extra-territorial jurisdiction into the Forney city limits. The properties are generally located south of County Road 212, north of Farm-to-Market (FM) 1641, and west Helms Trail – each bordering the current city limits. The tracts consist of .52 acres, 105.160 acres, and 96.554 acres.
A first-of-two public hearings on the annexation request will be held on July 15, 2014. Notifications will be sent out and an agenda will be posted. The tracts of land are within the proposed future planned development of Irish Ridge and will be accessible from the Gateway bridge.
The council approved a resolution setting the date for a public hearing on the update of water and sewer impact fees. With the approval, a public hearing will be held on August 5, 2014. The Capital Improvements Advisory Committee will meet on July 10, 2014, to evaluate the current fees and make a recommendation to the Forney City Council at the August meeting.
The last action item was the unanimous approval of a proposed awning at 212 South Bois D' Arc Street at Crumbzz. The black canvas awning will project from 9 feet at one end to 12 foot 8 inches at the other end and will cover the outside dining area on the southwest side of the building facing West Trinity Street.
In the City Manager's Report, Brooks said the North Texas Municipal Water District will be in Stage 3 water restrictions for the foreseeable future. Public Works Director Chris Metz said 6,000 door hangers have been ordered which will be used to alert water customers in violation of the current water restrictions and will serve as a warning before a citation is issued.
Two appointments were made to the Board of Adjustments following a brief executive session: Mrs. King, member 3; and Jennifer Kilpatrick, alternate 1.
Forney Mayor Darren Rozell declared the week of June 15-21, 2014, as Motorcycle Safety and Awareness Week by reading a proclamation to several members of the Wolverines MC of Rockwall, Texas. “I urge all residents to do their part to increase safety and awareness in our community,” said Rozell.
Rozell also declared June 19, 2014, as Juneteenth to recognize the general order and emancipation of slaves in Texas by Major General Gordon Granger on June 19, 1865.
Consent Agenda
The council approved three items on the consent agenda with one unanimous motion and vote which approved the minutes of the June 3, 2014, meeting, a revised site plan for Huddle House, and a contract for Kaufman County Assessments and Collections.
The revised site plan for Huddle House allows for unique front and rear facade improvements at their proposed location in Mustang Crossing. Huddle House will hold a pre-construction meeting next week and will be able to begin construction shortly thereafter.
The Kaufman County Collections and Assessments contract is an updated contract with the Kaufman County Tax Assessor/Collector's office. The per parcel cost for ad valorem tax collections remained the same from 2013 to 2014 at $1.50 each.
Public Hearing Items
The council unanimously approved a conditional use permit for Random Finds, a consignment shop and used merchandise store, to operate at 10470 U.S. Highway 80. Random Finds plans to sell antiques, memorabilia, and resale items from the movie and theater industry. No members of the public spoke regarding this item.
The council also unanimously approved an ordinance to rezone 306 North Center Street from SF-6 Single Family Residential District to GR General Retail District for the purposes of operating an insurance company – 1st Choice Insurance. Four parking spaces will be added behind the building to accommodate additional parking needs. No members of the public spoke regarding this item.
The council, after a lengthy discussion, ultimately decided to table any action regarding an ordinance amending Section 48 of the City of Forney Comprehensive Zoning Ordinance which regulates signage – more specifically, language concerning the use of neon signs was debated.
The amendments would have “cleaned up” the existing ordinance of redundant information and provided clarification on other items such as perpendicular signs, blade signs, canopy sign attachments, coming soon signs, feather flags, and included a definition for L.E.D. signs. The amendments also allowed for the use of neon signs as a franchise or with an exception approved by the Board of Appeals.
Council members requested additional clarification on the use of neon signs and wanted the process for franchises and local, mom-and-pop shops to be the same. Council member Robbie Powers requested the use of neon signs only in retail and business districts.
Two members of the public spoke in favor of the use of neon signs – one stating most businesses in Forney already use neon signs which is against the current ordinance. The concerns of the council and the public will be addressed at an upcoming workshop.
The council then unanimously approved an amendment to an ordinance regulating awnings and canopies to allow for larger awnings for food establishments for outdoor seating and dining areas. The previous ordinance restricted the projection of an awning to no more than 10 feet outward from a building. The amendment will allow a food establishment up to 15 feet projection from a building. No members of the public spoke regarding this item.
Action Items
The Forney City Council unanimously approved a performance agreement between the Forney Economic Development Corporation (FEDC) and Mama's Daughters' Diner to reimburse the diner for qualified expenditures not to exceed an amount of $25,900 – an amount based on over $129,500 in renovation costs at their 111 East Main Street location.
The agreement between Mama's Daughters' Diner and the FEDC requires the diner to submit invoices, receipts, and other documentation to show $129,500 was spent renovating their building – an amount City Manager Brian Brooks said they have exceeded. The agreement also requires the diner to open before August 1, 2014, be open to the general public seven days a week, have a minimum of $1 million in annual sales, employ 20 full-time equivalent employment positions, pay and report sales and use taxes, and pay their ad valorem taxes.
The diner will pay the FEDC back the $25,900 in collected Type B Sales and Use Tax Revenue during the term of the agreement which expires on August 31, 2019. In the event that $25,900 isn't collected via Type B Sales and Use Tax Revenue collection at a rate of one-half of one percent, the diner agrees to pay the FEDC the difference between $25,900 and the aggregate total of Type B Sales and Use Tax Revenue.
The council then unanimously approved a resolution which accepted a petition filed by South Forney, LLC, to annex three tracts of land from the City of Forney's extra-territorial jurisdiction into the Forney city limits. The properties are generally located south of County Road 212, north of Farm-to-Market (FM) 1641, and west Helms Trail – each bordering the current city limits. The tracts consist of .52 acres, 105.160 acres, and 96.554 acres.
A first-of-two public hearings on the annexation request will be held on July 15, 2014. Notifications will be sent out and an agenda will be posted. The tracts of land are within the proposed future planned development of Irish Ridge and will be accessible from the Gateway bridge.
The council approved a resolution setting the date for a public hearing on the update of water and sewer impact fees. With the approval, a public hearing will be held on August 5, 2014. The Capital Improvements Advisory Committee will meet on July 10, 2014, to evaluate the current fees and make a recommendation to the Forney City Council at the August meeting.
The last action item was the unanimous approval of a proposed awning at 212 South Bois D' Arc Street at Crumbzz. The black canvas awning will project from 9 feet at one end to 12 foot 8 inches at the other end and will cover the outside dining area on the southwest side of the building facing West Trinity Street.
In the City Manager's Report, Brooks said the North Texas Municipal Water District will be in Stage 3 water restrictions for the foreseeable future. Public Works Director Chris Metz said 6,000 door hangers have been ordered which will be used to alert water customers in violation of the current water restrictions and will serve as a warning before a citation is issued.
Two appointments were made to the Board of Adjustments following a brief executive session: Mrs. King, member 3; and Jennifer Kilpatrick, alternate 1.