Council appoints Interim City Manager

During its regular Feb. 20, 2018 meeting, the Forney City Council met and in summary:


  • Oncor LED Street Lighting Presentation - information was shown about options for replacing street lights, metal halide and mercury vapor are no longer available; LED and HPS are the only current options.
  • Presentation of award for Investment Policy.
  • Public Comment -
    • Mr. Leroy Austin spoke about traffic problems due to railroad track work, and additional houses. He also mentioned the Senior Center is out of room, suggested city hall could be moved.
    • Christoper Gaytar spoke: he lives on Aimee street, would like more street lights in that area. When he bought his house, it had a carport. He was told it must be torn down, which upset him, as the house looked good with it. He finally took it down, but now may have to pay a fine.
    • Joe Dan McBeth invited the public to next EDC meeting March 8, will have information for the public.

  • Approved as consent items:
    • a preliminary plat for The Emerson at Forney Market Place, located west of Kroger Drive.
      Mayor Wilson asked for history on this property - Mr. Morgan said in 2009 was zoned Multi-Family, property to N. was rezoned several times and now Single-Family. Mr. Morgan said staff recommends approval as meets all legal requirements. Mr. Johnson said the comprehensive plan shows this as MF. Mr. Morgan said several people have called about it, there are not any more MF currently planned. Mr. Johnson asked about the concept plan - would prefer to not be garden-style. not everyone can, or wants to, buy a home.
    • a final plat for The Emerson at Forney Market Place, located west of Kroger Drive.
    • a site plan for The Emerson at Forney Market Place, located west of Kroger Drive.
    • a site plan for Harris Office Lot 2, located south of the Union Pacific Railroad and west of F.M. 548.

  • Held Public Hearings -
    • Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance to add a definition and zoning designation for brewery, brewpub, and any related uses.
      Mr. Morgan said TABC provides regulations, city currently does not have a permit for brewing
      brewpub is considered retail, not to exceed 10,000 barrels per year. TABC does not require food sales. City does require food sales, and can request documentation from alcohol selling restaurants. Staff recommends removing definition of micro-brewery, adding the TABC defined brewpub; local regulations can require a TABC-permitted brewpub to have food sales. P&Z approved adding
      Michael Lopez asked what area this would cover; he's looking to buy a building down-town, he can qualify for TABC permit, the problem is city. If changing the ordinances, should also add wine-bar, and lighten up on food sales requirement. Mr. Morgan said the primary issue is food sales. He has spoken with Mr. Thatcher, the only way to avoid it would be through an election. Mr Thatcher said it could not be amended without another election. TABC said many cities are leaning to not requiring food sales. Mayor Wilson verifies this definition would not require an election - Mr. Thatcher said as long as they have food sales. Ms. Penn asked Mr. Lopez if he knew this - he did. Ms. Penn asked if this was just adding verbiage to ordinance - Mr. Morgan agreed, saying currently have nothing to allow or prohibit this use.

    • Approved an Ordinance rezoning property from SF-6 Single-Family Residential to General Retail and the Central Business Transition Overlay District at 104 N. McGraw Street.
      Mr. Morgan briefed the council, staff recommends approval, notified nearby residents, had one response in favor, P&Z approved it.
      There was no public input.
      Mayor Wilson asked if they could return to residential zoning - Mr. Morgan said they could request a zoning change.

  • Viewed annual audit presentation by Pattillo, Brown & Hill and Accepted the Comprehensive Annual Financial Report (CAFR) for the City of Forney.
    Chris Hill presented the audit results. He pointed out the financial award in the report. They believe financial statements are free of mistakes. Net Pension fund liability is$ 3.5 million, slightly less than last year. Their review of city's processes to protect city assets found no problems. Mayor Wilson said page 4 shows a good trend, city is up $10 million, and showing city is decreasing debt.
  • Approved the relocation of the Atmos Energy Corporation high-pressure gas line on Redbud Drive.
    Mr. Medford said this was started in Jan 2016, during design phase found this needed relocation. Atmos provided two options, one 380k and 250k. Mr. Johnson said the project continues to cost more money, had a bad estimate that cost the city $1 million, one bid went up 450% in 4 months. Need to have accurate estimates. Mr. Ed Ostrovich from Atmos said the increase in cost was due to congestion in the area and many utilities that had to be negotiated around. Mr. Johnson said the estimators should have know this would be an issue. Mr. Moon asked if the engineer actually came out - not for the initial estimate. Ms. Penn said this is very disappointing, costing the city a lot of money. Mayor Wilson asked if Atmos has thoroughly investigated the bid, if they were confident now? Yes. Documents indicate the additional amount needed is $132,405.
    Mr. Johnson asked about the funding - Mr. Medford said they can pull the money from bonds, it will not affect other projects. Ms. Penn asked how long to finish - they can start in 45 days, then 30 - 45 days to finish. Mr. Thatcher suggested the motion be to authorize Mr. Medford to execute the agreement...
  • Approved authorizing city staff to go out for proposals for PID Administrator Services for the public improvement districts in the Fox Hollow subdivision, and all related issues.
    Mr. Thatcher said council took action in Nov. for assessments to be levied for two PIDs. He recommends hiring an administrator to oversee the account, the PID will pay for the person, not city funds.
  • Approved a Resolution declaring a "Project" under Chapter 505 of the Texas Local Government Code for the purpose of economic development, and all related issues (Second Reading).
    Mr. Thatcher said this is for the properties at Chestnut and Main. The EDC also held a public hearing, there was no comment.
  • City Manager's report - at the last meeting it was mention tax revenue was down, Feb report. Raising Canes - txdot is requesting a review. This is his last meeting, the job opening is posted on many sites, he enjoyed his 3 months here. Mr. Myers asked about the speed limit on Gateway, Chief Sherwin said they put a speed-box out there to evaluate, will bring a report in future. Ms. Penn asked about potholes. She asked about lighting on Aimee and Heritage Hill. Mr. Stevens said if there is an existing pole, it's very easy. She asked about door-to-door sales, what is required for a permit; Mr. Morgan said they do run a background check, and solicitors are required to show the permit if asked.
  • Council Comments -
  • Held a 1.75-hour executive session re:
    • Water Rate Appeal PUC Docket No. 47814; SOAH Docket No. 473-18-1344.WS
    • Kaufman County Fresh Water Supply District No. 1
    • Sale of EDC property, 212 S. Bois D'Arc Street
    • City surplus property
    • City Manager

  • Approved appointing Mr Medford as interim City Manager on 4-1 vote (Johnson, Moon, Wilson, Myers for, Penn against)
  • Adjourned at 2145
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