City Council Approved budget and tax rate decrease, wants to settle TML claim and acquire Markout CCN

During its regular September 20, 2016 meeting, the Forney City Council met and (this is a preliminary report, subject to revision):

• As a consent item, approved a site plan for the Ridgecrest Center Addition, located on Block A, Lot 4R, of the Ridgecrest Center Addition final plat.
  
• Held Public Hearings for:
  
  
  
  • Approved an Ordinance amending Planned Commercial District Ordinance No. 1207, Pinson Crossing Planned Commercial District, by adding sign regulations.
    Mr. Morgan briefed council, nearby businesses don't have a problem with the change.
    There was no public input.
    
  • Approved a request for approval of the replat of Block A, Lot 4, of the Ridgecrest Center Addition final plat.
    Mr. Morgan briefed the council, this will be S. of Aldis.
    There was no public input.

• Approved a site plan for Holiday Inn Express, located at Lot 2, Block A, of the Forney Center final plat.
  Mr. Morgan spoke about the 2.69 acres. P&Z expressed concern about it having been a truck stop where a fuel spill occurred, it was cleared by the EPA in 2001.
  Mr. Stephens asked if new study would be done. Mr. Dewey said they were a little surprised environmental concern came up at P&Z. He worked on prior development at this location. Banks will not lend on property with environmental issues. A leak was reported in 96, cleared in 2001. The report is 175 pages, he read from part of the report. He said a leak at Millers Truck stop was reported in 92. The report says no further inspection? was recommended. Mr. Stephens thanked him for the thorough explanation. Mayor Wilson asked why wouldn't do phase 2 - Dewey said everything was EPA cleared. Mayor Wilson asked if phase 1 wasn't just surface. Dewey said the bingo fuel tanks were removed and cleared . Mayor Wilson said only way to be sure was to do monitoring. Dewey said some remediation had been done. Mayor Wilson said the fuel tanks in back were elevated, and the concern is that is where the detention area is, and he wanted to know why they weren't interested in it. Dewey said if had been any indication, they would have trouble with lending. Ms. Penn asked about a report of the cleanup, not the EPA report. Dewey said it may be included, but he has not read all 175 pgs. There has been no fuel activity on the property since 2001.
  
• Approved the Atmos Energy Corporation Ordinance.
  Mr. Thatcher briefed council on the 25yr agreement, the previous agreement has expired, staff has reviewed the changes. Revenue sharing increases from 2% to 5%. Mr. Johnson asked if 5% is normal - Mr. Thatcher said it is a sign of the times.
  
• Approved an Ordinance adopting the amended budget for fiscal year 2015-2016
  Ms. Woodham said many line items have been adjusted, to reflect actual.

• Approved an ordinance adopting the annual budget for Fiscal Year 2016-17
  Ms. Woodham said this is the budget from the workshop - decrease taxes, adds fire dept, IT dept, increase in water rate. Mr. Johnson said the last sentence in the report stating reserves have not been used to balance the budget says good things about staff.
  
• Approved an ordinance levying ad valorem taxes for Fiscal Year 2016-17
  Ms. Woodham stated the tax rate. Ms. Penn commended staff.
  
• Approved an Ordinance amending the Code of Ordinances by amending the Master Fee Schedule to reflect changes regarding fees for water service.
  Ms. Woodham said this is to include the rates in the budget. Mayor Wilson said citizens always concerned about rates, but as the graphs showed, we are still near the bottom of rates of other cities.
  
• Public Input -
  Mr. Tyler spoke on behalf on Forney Lions Club , Oct. is white cane month, would like council to allow 8 or 15 to allow them to collect funds. Unity parade oct 29 at Warren MS - all the forms will be online. All money goes to United Way and stays here in Forney.
  
• City Manager’s Report - Mr. Fisher said staff attended a meeting re hwy80 construction, more info to come, more impact on E-bound traffic. Oct 22 Fri 3pm Retirement recep for Chief Barnes. Over 90 applicants for his position, testament to the dept. Re: budget - have outstanding staff, a document that is easy to follow. He has met with all employees - everything is quiet on the Western Front. Ms. Penn asked if reception is open to public - yes. Mayor Wilson asked about the Quiet Zone - still waiting on a letter. Mr. Stephens asked about the Star award, it has been a while, maybe departments can look at employees for someone to recommend.
  
• Council Comments - Mr. Johnson hoped for a good turnout tonight, glad some ppl came and scouts in audience; congrats to FFD who set 2nd best relay time in competition. Ms. Penn - glad taxes went down. Mr. Regan budget is exciting, took blood, sweat and tears; water rate has to go up sometime. Mr. Stephens - staff got hit late in budget game, but they did it; FPD helped his wife on the 460 ramp, and his mother in a parking lot, said they were very professional. Mayor Wilson commends council for work on budget, and staff, and for citizens to remember Oct 4 meeting starts early.
  
• Held a 95-minute executive session re:
  
  
  • Consult with legal counsel regarding pending or contemplated litigation or a settlement offer and/or matters in which the duty of the attorney to the governmental body under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code.
    
    
    
    • Staten v. Adesa Texas Inc. and Matt Hutchins
      
    • Markout Water Supply

  • Personnel issues, including Board, Commission, and Committee Appointments and Related Matters; including City Secretary Annual Review.

• Authorized city attorney to direct settlement discussions re: TML claims in the Staten V. Adesa Texas Inc. matter.
  
• Authorized city manager to send letter to Markout CCN stating the city's intent to perform due diligence and analysis for possible aquisition.