Council proposes lower tax rate, new developments

During its regular Aug. 18, 2020 meeting, the Forney City Council met to consider a 4-cent lower tax rate, new PD's (and incentives for) Liberty and Trailhouse, Wellington Ridge modifications, solicitor rules, fill council vacancy due to resignation.
(watch official video)

• Approved as one consent item:
  • the quarterly investment report ending 06/30/20.
    
  •   authorizing the City Manager to execute a Streetlight Maintenance Authorization for LED Replacements.
        Ms. Power asked for more information - DB said this will allow them to replace lights that go out with LEDs.
    
  •   the City acceptance for the demolition services at 702 E. Main Street.
        Documents show this is the demolition of structures, including the removal of driveways, sidewalks, fences, and general debris in and around the structures at the Booker T. Washington site.  The final contract price is $63,835.
    
  •   a final plat for the Avery Addition, located at the southeast corner of F.M. 548 and F.M. 741.
    
  •   a right of way final plat for Akron Way.
    
  •   a right of way final plat for Sage Hill Parkway.
    
  •   a right-of-way final plat for Sierra Parkway, Akron Way and Sage Hill Parkway.
    
  •   a site plan for City Park Storage at 110 Justice Center Drive.
    
  •   a Resolution of the City of Forney, authorizing the City Manager to execute a Professional Services agreement with TCAP and Gexa Energy.

• Held Public Hearings -
  • Heard the proposed budget for fiscal year 2020-2021.  This budget will raise more total property taxes than last year's budget by $720,154 or 7.50%, and of that $4645,668 $464,668 is tax revenue to be raised from new property added to the tax roll this year.
        Ms. Woodham said one substantial change from last meeting - current rate is 0.58, planned budget on 0.56.  After got values back from county, the maximum was 0.53871, which removes $427k from revenue.  M&O portion went up the allowed 3.5%.  Everything is still fully funded.
        There was no public input.
    
  • Heard the proposed tax rate. 
        Ms. Woodham said technically don't need a hearing, but since was announced will hold one.  Senate Bill 2 changed many items, city is below the rates to trigger hearings.  Rate of .53871 is 4 cents lower.  She requested canceling 2nd public hearing; after some discussion Mr. Thatcher said it would be done administratively.
        There was no public input.
    
  • Approved a replat of the Intex Addition Replat, Lot 1A, Block 1.
        Mr. Morgan said this is 709 - 713 W. Broad, this will plat each building onto it's own lot + common access easement.
        There was no public input.
    
  • Approved an Ordinance to rezone 49.498 acres of land from Mixed Use district to a Planned Development with Mixed Use underlying zoning. The property is located south of W. U.S. Highway 80 and west of the W. U.S. Highway 80 and W. Broad Street intersection.
        Mr. Morgan said a data center is primary use, maximum building height is 75 ft.  This mostly follows mixed use zoning but for height.  Data centers will be built first and Pacific/Main street extended.
        Mayor Penn said this is a focal point coming into Forney, should they control what it looks like? Mr. Morgan said they can't regulate materials.  Mr. Myers said retail will be attractive, data center buildings will not be.  Mr. Cooper asked how far from the service road - Mr. Morgan said the buildings will be behind existing buildings.
        Angela Hunt representing Blue Ladder said the 49 acres already zoned MU, data centers becoming very popular.  Blue Ladder will do this with office/retail and no residential.  They will insure the buildings are attractive.  Data center buildings will be behind other buildings, and ordinance requires articulated buildings, so not just big boxes.  First building in 2023, already 10% leased.  Ms. Powers asked if they had other data centers in DFW - no, have done some overseas.  Mr. Myers said won't have windows, high security areas.  Mr. Myers asked where the focus was - data centers first.
    
  • Approved an Ordinance to rezone 108.2 acres of land from Planned Development (Ordinance 19-15) to a Planned Development with Light Industrial and General Retail underlying zoning. The property is located southwest of the U.S. Highway 80 and Clements Drive (F.M. 460) intersection.
        Mr. Morgan said was approved in 2019.  General Retail (GR) would remain at intersection, the rest will change from residential to LI.  This generally follows base zoning.  No responses to public notices.
        There was no public input.
        Mr. Carson said they get constant requests for LI space, should be able to aggressively market this when available.  Mr. Myers said, unlike the TIF, all the benefits will go to the city.
    
  • an Ordinance to rezone 38.526 acres of land from Commercial district and General Retail district to a Planned Development Overlay District with base zoning districts designated as Commercial District and MF-15 District. The property is located north of E. U.S. Highway 80 and west of Trailhouse Lane.
        Mr. Morgan said is currently split zoning, retail & commercial, this will establish commercial along Hwy 80, hotel and office and MF-15 at the rear of property.  Concept plan shows a central blvd and 5,400 linear foot trail system through the development.  Maximum MF units is 325, maximum of 60 townhomes.
    Staff has no objection to building height of 60 ft MF, 75 ft hotel, 55 ft commercial, as must conform to PD.  Land use maps details no use for this area.  No responses to public notices.  After P&Z approval, applicant requested a change to lighting standards, to a value common for commercial, will still have restrictions of light shining into residential.
        Mayor Penn asked about the trails - DG said a bit over a mile, The hotel will be about 110 rooms, could be entertainment in some area.
        Mr. Myers said he would like to discuss this in executive session.
        There was no public input.
    
  • Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending fence regulations.
        Mr. Morgan said this was due to conversations with contractors, the fence panels are 6 or 8 ft size, so if raise a few inches above the ground, they have to cut the top off the fencing.  The common sense fix is to raise height to 8"4'.
        Mr. Moon thanked staff for taking care of this.  Mr. Myers asked if there was an ordinance about posts facing out - Mr. Morgan said for metal posts, yes.  Which are now required.
        There was no public input.

• Approved the 2020 Certified Tax Roll.
      Ms. Woodham said Appraisal District certified 2.2 billion in value, tax office collects taxes, city must verify values match.
  
• Approved an Ordinance amending Chapter 4, Article 4.05, 'Peddlers and Solicitors', of the City of Forney Code of Ordinances to amend the duration of a permit and the hours when peddling is not permitted.
      Mr. Thatcher said at directions of council, staff set to 3 months period, 9 am to 1/2 hour before sunset Mon - Sat.  Mr. Carson thanked Zach for making a video about solicitors.
  
• Postponed a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Trailhouse Park, LLC.
  
• Postponed a Resolution approving a Development Agreement between the City of Forney and Trailhouse Park, LLC.
  
• Approved a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Victory at Forney, LLC.
      Mr. Thatcher said this has been discussed for quite some time, for property E. of Trailhouse, S. of Kroger.  Improvements are needed there.  This is a cooperative effort with city and developers.  The total is up to 2.25 million, for the city 50% matching amount.
  
• Public Comment - none.
  
• City Manager's report - none.
  
• Council Comments - Mr. Myers thanks staff, excited about these projects; Ms. Powers; Mr. Moon said PD did a great job about stopped train; Mayor Penn thanked staff on budget, keep tanner stuart in prayers.
  
• Held a 40-minute executive session re:
  
  
  • PUC Docket No. 46662; SOAH Docket No. 473-17-4964.WS Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates.
    
  • PUC Docket No. 47814; SOAH Docket No. 46-18-1344.WS Petition of High Point Water Supply Corporation, Talty Special Utility District and Markout Water Supply Corporation Appealing the Decision by the City of Forney Affecting Wholesale Water Rates.
    
  • Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (Tex. Gov't Code Section 551.074):
    
  • Council Member Place 1 appointment to fill vacancy.
    
  • Chapter 380 Agreement for Project Victory.

• Approved an Ordinance to rezone 38.526 acres of land from Commercial district and General Retail district to a Planned Development Overlay District with base zoning districts designated as Commercial District and MF-15 District, including requested change to lighting requirements.
      Mr. Carson said they've been working w/ Chuck and Rebecca Raleigh almost a year, excited to be working with a great team.
  
• Approved a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Trailhouse Park, LLC.
      Mr. Thatcher said this was for reimbursement for public infrastructure, similar to what was approved for Project Victory.
  
• Approved a Resolution approving a Development Agreement between the City of Forney and Trailhouse Park, LLC.
      Mr. Thatcher said part of the zoning has regulations related to building materials, which can't be regulated by ordinance, but can be in developer agreement.  This also addresses phasing of commercial and residential.
  
• Approved Chapter 380 Agreement for Project Victory.
  
• accepted resignation of Mike Thomas from council.
  
• Appointed James Traylor (currently on P&Z) to fill vacancy in Place 1 until election in Nov.  He thanked council, said he had big shoes to fill.
  
• Adjourned at 2008.