Council hears annual audit, racial profiling report

During its regular Mar. 01, 2022 meeting and racial profiling report, the Forney City Council met to receive annual audit, consider annexation hearing for 40 acres, a 380 agreement, and an issue with Fox Hollow PID. (watch official video)

• Ms. Woodham introduced Mr. Todd Pruitt who presented the annual audit for FY 2021.  He said staff did an excellent job.  The comprehensive financial report is 100 pages.  The other document is a 'single audit report' required for any entity using more than 750k of federal grant funds.  The report says the city is responsible for creating the statement, the auditor issues their opinion.  City again received an unmodified (clean) opinion - the highest possible.  No deficiencies were found during audit.  Compliance section found no problems.  The single audit report shows all the federal grants - they select certain grants to examine.  The COVID relief funding was selected, tested on 6 items for allowable costs - they found the city complied. 
        He said the city is batting a thousand, he congratulated the city.
  
• Public Comment - Ms . Brooks stated, going forward, only 30 minutes is allowed for public comments, regardless of number of speakers.  Each speaker is still limited to 3 minutes.
  
  • Ms. Tiffany Priest, secretary of board of directors for Fox Hollow PID 1 said she's been notified by attorneys, on behalf of TxDOT, that the dispute created by the city's actions on FM 1641 expansion, has caused the PID to forfeit 21k .  The city overstepped their authority by responding to the offer.  When the PID board became aware of offer letters from TxDOT, they met with contractors for bids, other affected land owners, property and acquisition attorneys.  They met with city attorney, engineer and manager to relay the board finding that the offer shortage was over 1 million, and the city has no role in negotiating for the land, which is owned by the PID.
          On Jan 12 the PID had a virtual meeting with city attorney, engineer and manager, along with PID attorneys, who stated making a counter-offer would be futile and not in the PIDs best interest.  The city stated they would do what they felt was best.  Then the city attorney was sent 3 copies of cease and desist orders, no response was received. 
          At Feb. 1 meeting, staff advised council to respond with a counter-offer.  They don't know how the city arrived at 400k value, which was approved.  Board members spoke to council members who stated they were unaware of conflicts and the cease and desist orders.
    
  • Robert Herold, also on Fox Hollow PID.  They haven't been able to convene a meeting.  Some meetings will be executive session and not available to the public.  They have all tried to work with the city.  The 400k offer is a million-plus short.  This was done after the cease and desist letter.  They have now 5k atty fees.  If they didn't get involved, might not be able to rebuild everything that will be damaged.  They would like an immediate letter rescinding the unauthorized 400k offer; for council to recognize Fox Hollow PID board as administrator; allow negotiations w/ NTMWD to cease.  The PID does not desire an adversarial relationship with the city, but they owe a duty to property owners.

• Approved as one consent item:
  • a Resolution approving a Professional Services Agreement with Freeman-Millican, Inc. to provide consulting and design services for the 18-inch Waterline Along Hwy 80 Between Lovers Lane and FM 460 Project and all related issues.
    
  • a Resolution setting a date, time and place for a public hearing on the proposed annexation of an approximate 40.823 acres located on County Road 212, in the Absalom Hyer Survey, Abstract 203 owned by Platform 80-20, LP.

• Held Public Hearings -
  • Tabled 5-2 (Chambers, Roberson nay) rezoning 46.463 acres of property from a Planned Development with a base zoning district designated as Mixed Use District to a new Planned Development with a base zoning district designated as Mixed Use District. The property is located south of U.S. Highway 80 and west of W. Broad Street.
          Mr. Morgan said this is S. of Hwy 80 and E. of power plant, current zoned PD use is data center, approved Aug. 2020.  That use is no longer being pursued.  This proposes primary use of distribution center, similar to other PDs.  P&Z was concerned about traffic, especially how trucks would go towards Dallas, so moved to deny.
          Rep presented a slide show, to detail what changes they have made since P&Z meeting.  Exeter has two potential tenants that would reduce truck traffic.  They want to add office, warehouse, and distribution as allowable use.  Main change is to allow warehousing by right.  They want a win-win where the property could be increased to $56 mln value, instead of $6.7k.  Could generate 245 new jobs.  P&Z had concerns about trucks, so they removed truck terminals as a use.  TIA was re-done: Pinson bridge shows 19k trips / day, this would add 1%, 5 trucks during peak time.  One potential tenant is material handling, selling forklifts and inside equipment, similar to Deen.  The other is a refrigerator group, which would triple the taxable value.
          The property is encumbered with easements, Atmos gas line, flood plain, sewer lines with manhole covers.  The original use was retail data center; during pandemic that shifted to hyperscalers - they approach property differently.  Being down a day costs billions.  Recent AWS outage for 12 hours cost billions.  Hyperscalers could not get over risks from the RR, gas line, and sewer lines.  The only use left is warehousing and distribution.  The building design is the same as data center design, screened by Kubota and Nursery.
          Mayor Lewis asked for more info about potential tenants.  Colby from Exeter felt it would help P&Z concerns to know about use.  Normally they promote locations after built.  The material handler would be similar to Kubota business, primarily forklifts.  Freezer/cooler business would be higher value.  Neither can commit if zoning not changed.
          Ms. Schlensker asked if forklift would qualify under current zoning - Mr. Morgan said yes on proposed, but CUP for current.  Ms. Schlensker suggested developer was throwing them a carrot for this hot-button item, said catching a lot from citizens about warehouses.  Colby said that was fair, they re-examined traffic, only marginally need an extra lane on 80 but will add one to allay concerns.  They modeled the area for truck traffic, they would be willing to pay for improving turn radius at frontage road and Pinson.
          First rep. said data presented is not for these users, but for a spec general warehouse user, so this is very conservative.
          Another Rep. said they were not giving city a carrot, these changes are based on input from Mayor and feedback from tenants.
          There was no public input.
          Mr. Traylor said he has heartburn restricting land use, he asked what else could go there - a retail strip? No.  The problem is: no developable frontage, restricted by easements and flood plain, frontage only has room for entrance.  The 96 inch sewer line has manholes, that are not sealed, and it stinks.  Mr. Traylor asked if a big gas line was on this property - it is on the corner of property, along with Atmos pipeline.  Mr. Traylor mentioned Luminant protested previous development, have they spoken with them - no, staying away from that area.  First rep. said originally wanted parking in the area - Kinder-Morgan was warmer about that than Atmos.  Mr. Traylor said can't see anything else that could go here.  He would suggest development agreement for the bridge, or right turn.  Ms. Powers asked if didn't get hits for retail, why is warehouse more appealing? First Rep said retail must bring customers; for warehousing, smell is not an issue.  Ms. Powers asked about possible showroom use, regarding the stench, why is warehouse better? A: retail bringing in traffic is an issue, along with the smell.  David Petit rep. 3: zoning is difficult, this economic impact and minimizing other impacts is better than leaving it AG.  This would be creating value for entities, and 245 jobs.
          Mayor Lewis called for a motion.  It was suggested to table.  Mr. Traylor asked the applicant if they would be willing to work with city for a development agreement - yes.  A motion to table was then passed.

• Presentation and discussion of the Racial Profiling Report.
        Acting PD Chief Eudy said department must provide information for complaints or complements; forms available in lobby, on website, and back of citations.  Received 0 racial profiling complaints in 2021. 
        They reviewed data about demographics vs traffic stops: 3,564 stops, most were people who live outside zip code.  Race was known before stop 162 times, not known 3,402 due to tinted windows an night-time stops. 

  Race or Ethnicity
  Alaska Native/American Indian	3
  Asian/Pacific Islander	33
  Black	1,272
  White	1,514
  Hispanic/Latino	742

  Violation of Law stops (suspected theft, reckless driver)
  Alaska Native/American Indian	0
  Asian/Pacific Islander	0
  Black	2
  White	3
  Hispanic/Latino	0

  Moving Traffic violations (speeding, signals, traffic lights)
  Alaska Native/American Indian	2
  Asian/Pacific Islander	18
  Black	569
  White	890
  Hispanic/Latino	374

  Vehicle equipment (lights, expired tags)
  Alaska Native/American Indian	1
  Asian/Pacific Islander	14
  Black	694
  White	613
  Hispanic/Latino	363

  Was search conducted?
  Alaska Native/American Indian	1
  Asian/Pacific Islander	0
  Black	172
  White	111
  Hispanic/Latino	54

        He also listed numbers of consent vs. probable cause, inventory stats.  The contraband hit rates were almost the same for all races.  Far more contraband was drugs vs alcohol.
        Del Carmen concluded "the search analysis demonstrates that the police department is engaging in search practices consistent with national trends in law enforcement."
        They wrote 863 citations, 2,574 written warnings, 6 verbal warnings.  Multiple citations/warnings only count as one for profiling purposes.
        He detailed the amount of arrests and citations.
        The summary stated Forney complied with TX racial profiling law, and demonstrates they have a profiling policy, notifies the public how to file a complaint, and "ensures the the practice of racial profiling will not be tolerated."
        Mr. Roberson said when he got on council, he wanted to b sure and find out the racial profiling policies.  When he met w/ Chief Eudy and had a tour, he was very encouraged.  The city can be proud of what they are doing.  That they are willing to be open for inspection is good.  He asked about Del Carmen - Mr. Eudy said he was selected by City Manager and former PD chief, is an expert in the field.  They are considering issuing a new RFP for consulting.
        Mr. Chambers said he's in the field, officers put their life on the line every day, "it's something we do." He appreciates Forney PD officers and leadership.  He asked if all stops use body cams - yes, and they are reviewed.  Have those resulted in concerns? No.  How often do they do training for racial profiling? State requires a class, there is no other training required.  Mr. Chambers asked about vehicle searches, do they use consent forms? No, they rely on the body cams. 
        Mayor Lewis congratulated them for 0 complaints.
  

• Approved a Resolution approving a Chapter 380 Grant Agreement with Malouf Interests, Inc; finding that such agreement and grant constitutes a program to make grants and loans of public money pursuant to Section 380.001 of the Texas Local Government Code to promote economic development and to stimulate business and commercial activity within the City; authorizing the City Manager to execute the agreement and providing an effective date.
        Mr. Zook said this is N. corner of 741 and 548, across from 711, a 55k sq. ft. commercial grocery development, who has already talked to TxDOT for turn lanes and median improvements.  The agreement is reimbursement of 100% of roadway impact fees, 20% sewer.  The city will buy 14 acres, 16 for Malouf.
  
• Tabled 5-1 (Mayor Lewis nay) until March 15, determining the scope of services for the ARPA consulting firm.
        Ms. Woodham said Mr. Eisenlohr presented options at previous meeting, council needs to determine scope before sign a contract.  Will get 6.7 mln - budget has 7.79 mln in projects, have plenty of infrastructure needs for the money.  Mayor Lewis said when they talked, not all the money was infrastructure, she would like some for businesses and Non-Profits.  Mr. Traylor said this is too much money for them to consider right now, should table it, take time to decide.  City infrastructure is horribly degraded, need to focus on that.  Ms. Schlensker asked when this was needed - Ms. Woodham said it is at pleasure of council.  Mayor Lewis said she doesn't want to delay much longer, been promising funds a while.  Mr. Traylor said she's being premature, this is money for the city.  Ms. Powers asked if Ms. Woodham could provide info about how they can spend this; Ms. Woodham said she would provide that part of the presentation.  Ms. Salgado asked if they had a date desired - Ms. Woodham said reports are due by April 30, must be filed even if haven't spent funds.
  
• City Manager's report - congratulates PD Mark Inmon and Tavon Key who graduated from school of LE administration.  Residents might notice change in water, NTMWD changes disinfectant for a month.  One thing council did was approving a Supervisor position for animal control, he introduced Tomeaka Canty-Burris, who said looking to do great things for the animal shelter.
  
• Mayor Lewis said: mobile mammogram March 4.  FAC having arts mixer at stikky ribz Sunday.  Fund raiser for Reach.
  
• Held a 52-minute executive session re:
  • Expansion of FM 1641
  • Project King Kong
  • Project Umbrella

• Mayor Lewis moved that pursuant to the creation documents of the PID, the city will continue negotiations as the administrator of Fox Hollow PID #1.
  
• Adjourned at 2049