Council approves Bellagio plat, special counsel

During its regular Mar. 16, 2021 meeting, the Forney City Council met to consider several distribution center plats, preliminary plat for Bellagio, racial profiling consulting, Fox Hollow PID, virtual meetings, NTMWD and bond committee appointments, heard overview from Public Works and Community Development. After executive session, approved obtaining a special counsel.   (watch official video)

• Mayor Penn said the Proclamation honoring Pearls by the Lake, An Official Interest Group of Alpha Kappa Alpha Sorority, Inc.® will be held at a later meeting
  
• Approved as one consent item:
  • a Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor and authorizing the payment of 2021 membership dues to fund regulatory and related activities related to the Oncor Electric Delivery Company, LLC.
    
  • a Resolution setting a date, time and place for a public hearing on the proposed annexation of an approximate 21.073 acres located on County Road 212, in the Absolom Hyer Survey, Abstract 203 owned by Platform 80-20, LP.
    
  • the Stillwater One Addition Preliminary Plat. The property is located south of U.S. Highway 80 and west of County Road 212.
    
  • the Stillwater One Addition Final Plat. The property is located south of U.S. Highway 80 and west of County Road 212.
    
  • the Stillwater Site Plan. The property is located south of U.S. Highway 80 and west of County Road 212.
    
  • the HSW Addition Final Plat, located east of S. Gateway Boulevard and south of Akron Way.
    
  • a revised preliminary plat for Overland Grove.
    
  • a final plat for Fox Hollow Phase 2B, located west of F.M. 1641 and south of Monitor Boulevard.
    
  • a preliminary plat for Windmill Farms Phase 6B.

• Update on our warning system.
      Highly summarized: Mr. Carson said the siren system has many issues, which predate his employment.  There was some back-and-forth between Mr. Carson, Chief Lunt, Mayor Penn about whether the status and importance of this system had been communicated by email, phone calls or meetings.  Mr. Carson said the item was put on hold when council froze the current budget due to covid concerns.  During debate, several accusations of political motivations were made.  Some members think the system should be fixed now, others say it should be scrapped, replaced by digital system, and considered during the upcoming budget process.
  
• Overview of the Public Works and Engineering Departments' current and future plans.
      A video was shown of work being done, mission statement was shown, a list of engineering responsibilities, completed and current projects, growth plan.  Mr. Johnson mentioned coordination with county bond projects - for the public, roads like Plano? is due to county coordination, Kaufman still transitioning from a rural to urban county.  Those areas have 6 lane roads, but also the traffic to need it.  Mr. Myers likes moving to digital storage.  Mayor Penn is glad so many projects have been done
      Kyle Groves showed the organization chart, they are working on a new storage site, they got a uniform dress code w/ ID logos and used PPE standards.  They will get more traffic control devices and training for personnel plus occupational training.  Street dept was very busy during winter storm.  They will be able to do more concrete repairs in-house, will transition to a true street dept.  Water dept has established maintenance procedures for water stations, working on back to TCEQ compliance, put in operation two storage tanks, listed future goals.  Sewer dept replaced two back pumps, completed a new lift station, performed a Raven coating of manholes into Irish Ridge (prevents rainwater intrusion), completed Trailhouse sewer, listed future plans.
  
• Overview of the Community Development Department's current and future plans.
      Mr. Morgan showed a video with Family Matters theme song.  Neighborhood Services (code enforcement) is Ms. Hodges.  Planning has two members.  Planning major zoning updates, and comp. plan.  Building inspections has 6 staff, grew to reduce reliance on third-party company.  On pace to double home permits this year.  Mr. Johnson said glad about comp plan update, and less use of 3rd parties, time is of the essence.  Mr. Myers said he gets many questions about planning....
  
• Approved a preliminary plat for the Bellagio Addition, located southeast of Forney High School and south of F.M. 741, and east of F.M. 741 and Lakemont Drive.
      There was discussion about lack of action by the P&Z, and the administerial nature of this motion.
  
• Approved a Resolution the professional services agreement with Del Carmen Consulting LLC for consulting services related to racial profiling data and reporting.
      Chief Lunt said Mr. Del Carmen is recognized expert by state of Texas, this contract is for annual service for racial profiling and search analysis.  Forney PD has established a relationship with the community, worked hard to bridge gaps and build trust.  This will offer a thorough, transparent review by a third party.
      Ms. Nikki Chandler said she supports the proposal, at the last meeting there were questions about previous years' statistics. 
      There was quite a discussion about the consultant, other possible consultants, funding sources, and renewal terms.
      Mr. Myers moved to approve w/o automatic renewal.
  
• Approved a Management Agreement by and between the Fox Hollow Public Improvement District No. 1, initially through the authority of the City Council of the City of Forney, Texas, and Neighborhood Management, Inc. for the management the public improvement district known as the Maintenance PID.
      Mr. Thatcher said currently management company has overseen operations, transitioning to a citizen-resident board, due to reaching 75%.  Will need an election for members, which requires amending the agreement.  The board may approve expenses under 25k? over that must be approved by council.  Mr. Myers said this has been a long time coming, finally know what needs to be done.  Mr. Thatcher said the fees are paid by the PID assessments.
  
• 5-minute recess
  
• Consider the open meeting practices for the City Council and the individual boards and commissions and the use of masks and social distancing practices within City facilities.
      Mr. Thatcher said governor EO opened up Texas, each establishment may decide its own rules, governor has rules municipalities are same, council may decide if masks required to enter city facilities.  Rules for open meetings are still suspended.  Ms. Powers (a nurse) would prefer to stay virtual, still working on vaccinations Employees and board members may have health issues.  Mr. Myers agreed, two P&Z members state concerns.  They make the decision for staff.  Mr. Moon agreed.  Mr. Cooper also got emails should stay virtual 1-2 months.  Mr. Johnson could go either way, but masks should be worn by members and attendees.  If do open up, need to be very restrictive.  Mr. Traylor said missing one part, about city facilities.  Mayor Penn would like to open up, but must be cautious, most board members would like to open up.  Mr. Traylor favored keeping the item on future agendas.
      Approved 6-1 (Mayor Penn nay) continuing with virtual meetings, and requiring masks at city facilities.
  
• Approved 5-2 re-appointing Mr. Darrell Grooms to the North Texas Municipal Water District Board.
      There was debate about Mr. Grooms, and a brief discussion with another applicant Ms. Lunt.
  
• Made appointments to the Bond Committee, 10 applicants + 2 council.
      Mayor Penn said supposed to have first meeting in 2 weeks, she's impressed with number of people interested.
  
• Public Comment - none
  
• City Manager's report - easter egg hun Apr 3 10-1, 3 age groups, on softball fields, w/ C-life Forney, DQ donated prizes, must sign up to get a spot.  Mayor Penn asked if could extend the time - Mr. Carson said may have an all-age event at the end, for those who couldn't signup.  Water usage during ice storm - DW said have 6,403 connections, average increase was under 600 gallons.  Had some leak adjustment requests, residential for 500, large commercial request for 835k gallons for Summerhaven.  City wrote off 5,700 ...  Ms. Powers said summerhaven been here 50 years, thanked the city for looking out for them.  Largest residential was $430 adjustment, would be easy to adjust 2,000 gallon in software, about $17.  Mayor Penn asked about use averaging for sewer - they throw out highest of 4 months.  Mr. Myers asked about light fixtures on Trailhouse - NC said poles are delayed, due to covid, likely to be another 8 weeks, for Fox Hollow. 
  
• Council Comments - Mr. Cooper said he posts nothing about the city, he's sorry if people think it's political; Mr. Carson trace Adkins reschedule now July 29; Mayor Penn welcomed bond cmte members, Jesse Wood passed a few weeks ago.
  
• Held a 40-minute executive session re:
  
  
  • 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.
    
  • Formal Grievance Against the City Manager.
    
  • City Attorney
    
  • City Manager

• Ms. Powers moved to allow the city attorney to obtain special counsel, second by Mr. Myers, motion was approved.
  
• Mr. Myers moved to accept the findings of the formal grievance by the city attorney and notify the complainant of the findings, second by Mr. Moon, motion was approved with Mayor Penn nay.
  
• Adjourned at 2213