AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, August 6, 2024
 6:30 p.m. Regular Meeting 
 City Hall, 101 E. Main Street, Forney, Texas 75126
 
I.

CALL TO ORDER

II.

INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER JAY WEATHERFORD

 

III.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the July 16, 2024 (Regular) City Council Meetings. (Staff recommends approval of the item).

Documents:
  1. 07-16-2024 Minutes - Draft.pdf
IV.

OPEN FORUM/CITIZEN COMMENTS

This is the public's opportunity to address the City Council on any matter related to the City. In accordance with the Texas Open Meetings Act, Section 551.042, the City Council cannot discuss, consider, or take action on matters not listed on the agenda. The City Council will receive citizen comments on non-agenda items, and if necessary, may refer the matter to City staff for research, resolution or referral to Council on a future agenda. As described in the City's Public Meeting Procedures, comments will be limited to three (3) minutes.

V.

CONSENT AGENDA

The items on the Consent Agenda are considered to be self-explanatory by the Council and will be enacted in one motion. There will be no separate discussion of these items unless requested by a Council Member.

1.

Consider a Resolution approving a Professional Services Agreement with Freeman-Millican, Inc., to provide consulting and design services for a new 5-million-gallon ground storage reservoir and pump station improvements. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Professional Services for Pump Station 2 - Phase 3 Project.pdf
  2. Resolution - Professional Services Agreement Pump Station 2 - Phase 3 Project.pdf
  3. Standard Engineering Agreement PHASE 3 PUMP STATION 2.pdf
2.

Consider a Resolution approving an Interlocal Cooperative Agreement with Kaufman County, Texas for assessment collection services for Bellagio Public Improvement District #1. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Resolution Approving Interlocal Agreement Bellagio PID collections.pdf
  2. Resolution - Kaufman County Interlocal Agreement for Assessment Collection - Bellagio PID No. 1.pdf
  3. Bellagio PID Collections Agreement.pdf
3.

Consider approval of the acceptance of public improvements for the Albert Retail commercial project - City Plaza Phase III. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Albert Retail.pdf
  2. City of Forney Acceptance Letter - Albert Retail.pdf
4.

Consider approval of the acceptance of public improvements for the Forney ER commercial project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Forney ER - FM 741.pdf
  2. City of Forney Acceptance Letter - Forney ER - FM 741.pdf
5.

Consider approval of the acceptance of public improvements for the Project Owl commercial project (Lovett Industrial). (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Project Owl - Lovett Industrial.pdf
  2. City of Forney Acceptance Letter - Project Owl - Lovett Industrial.pdf
6.

Consider approval of awarding a bid for fence replacement and repair for the Fox Hollow PID. (Staff recommends approval of the item.)

Documents:
  1. Item Summary Fox Hollow PID Fencing Replacement Bids.pdf
  2. Fox Hollow PID Fence Contractor Bids.pdf
  3. 5.8.24 PID board meeting minutes .pdf
VI.

DISCUSSION / ACTION ITEMS

1.

Remove from the Table and discuss and consider approval of an Ordinance amending Planned Development Overlay District Ordinance No. 1072, to allow primary uses identified as used auto sales, auto paint, and minor auto repair. The property consists of 6.56 acres of land located south of Park Creek Avenue and west of U.S. Highway 80. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Autos of Forney PD.pdf
  2. Exhibits-Autos of Forney PD.pdf
2.

Consider approval of a Resolution formally designating 401 Pinson Rd. as City Hall and 101 E. Main St. as the City Hall Annex. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - City Hall.pdf
  2. Draft Resolution - City Hall.pdf
3.

Discuss and Consider Action approving the new utility rates recommended by the updated rate study provided by the City’s consultant Newgen Strategies and Solutions, LLC. (Staff recommends approval of this item).

Documents:
  1. Item Summary - City Rate Study Update Presentation.pdf
4.

Discuss and consider approval of a Resolution establishing additional criteria for eligibility of certain FEDC economic development program grants and incentives. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Economic Incentive Grant Programs (EDC).pdf
  2. Resolution - Eligibility Criteria FEDC Programs.pdf
5.

Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and an Economic Incentive and Performance Agreement between the Forney Economic Development Corporation and Stash’s Table & Fable, LLC for an Entrepreneur Empowerment Grant. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Stashs Table and Fable, Entrepreneur Empowerment Incentive Grant.pdf
  2. Draft Resolution - Economic Incentive and Performance Agreement - Stashs Table and Fable Entrepreneur Empowerment Incentive.pdf
  3. Draft Agreement - ECONOMIC Incentive and Performance AGREEMENT - Stashs Table and Fable, Entrepreneur Empowerment.pdf
6.

Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and an Economic Incentive and Performance Agreement between the Forney Economic Development Corporation and Stash’s Table & Fable, LLC for Façade/Interior Incentive. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Stashs Facade and Interior Incentive.pdf
  2. Draft Resolution - Economic Incentive and Performance Agreement - Stashs Facade Interior.pdf
  3. Draft Agreement - ECONOMIC Incentive and Performance AGREEMENT - Stashs, 212 S. Bois D Arc Street Facade Interior.pdf
7.

Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and an Economic Incentive and Performance Agreement between the Forney Economic Development Corporation and The Acai Bar, LLC. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - The Acai Bar, LLC, Small Business Incentive.pdf
  2. Draft Resolution - Economic Incentive and Performance Agreement - The Acai Bar, LLC.pdf
  3. Draft Agreement - ECONOMIC Incentive and Performance AGREEMENT - The Acai Bar, LLC.pdf
8.

Discuss and consider an Ordinance ordering a Special Election to be held November 5, 2024 to allow the qualified voters to consider the creation of the Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax at a rate of 1/4 of 1%, and to maintain the same overall sales tax rate in the City, the reduction of the sales and use tax currently levied for the Forney Economic Development Corporation from a rate of 1/2 of 1% to 1/4 of 1% ; designating the places at which said election is to be held; appointing the Early Voting Clerk; providing for posting and publication of Notice; and providing an effective date. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Special Election for November 5, 2024.pdf
  2. Draft Ordinance with Exhibits - Order Special Election for November 5 2024.pdf
9.

Discuss and consider an Ordinance amending Chapter 1, “General Provisions,” of the City of Forney Code of Ordinances by amending Section 1.04.001, “Absences to be limited,” by referring the governance of Board, Commission, and Committee member attendance to the Rules of Procedure for the City Council and the Boards, Commissions and Committees of the City of Forney, Texas, and amending the Rules of Procedure for the City Council and the Boards, Commissions and Committees of the City of Forney, Texas, adopted pursuant to Section 3.10 of the City of Forney Home Rule Charter. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Amending Code and City of Forney Rules of Procedure 2024.pdf
  2. Draft Ordinance - Amending Code and Rules of Procedure 2024.pdf
  3. Exhibit to Draft Ordinance - Amending Code and Rules of Procedure 2024.pdf
VII.

CITY MANAGER’S REPORT

THE CITY MANAGER WILL DISCUSS CURRENT CITY ACTIVITIES, UPCOMING MEETINGS, FUTURE LEGISLATIVE ACTIVITIES, AND OTHER RELATED MATTERS FOR POSSIBLE ACTION, INCLUDING THE FOLLOWING: 

  • Department Reports (Fire, Police, Municipal Court, Finance)
  • Citizen Complaints -- Actions taken or to be taken
  • Upcoming Special Events
  • Personnel Changes
  • Commendations
  • Public Works/Streets Projects, Repairs or Construction
  • Park Issues
  • Inspection Issues
  • CIP Projects
VIII.

ANNOUNCEMENT OF COMMUNITY EVENTS | COUNCIL COMMENTS

This section is used to communicate items of community interest, specifically, reminders about upcoming events organized or sponsored by the governing body or other information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that may be of interest to the citizens of Forney.

IX.

EXECUTIVE SESSION

PURSUANT TO THE OPEN MEETINGS ACT, CHAPTER 551, TEXAS GOVERNMENT CODE, THE CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION (CLOSED MEETING) TO DISCUSS THE FOLLOWING:

1.

Consultation 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 (Tex. Gov't Code Section 551.071):

  1. Emergency Medical Services Agreement
2.

Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of, or to hear a complaint against the public officer or employee (Tex. Gov't Code 551.074):

  1. Board of Adjustment - Seat 3
3.

Deliberate commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations, or to deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code Section 551.087):

  1. Holt Lunsford
X.

RECONVENE INTO REGULAR SESSION

IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, THE CITY COUNCIL WILL RECONVENE INTO REGULAR SESSION TO CONSIDER ACTION, IF ANY, ON MATTERS DISCUSSED IN EXECUTIVE SESSION.

XI.

ADJOURNMENT

XII.

DISCUSSION

In addition to any executive session already listed above, the City Council of the City of Forney reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed on this agenda, as authorized by the Texas Government Code for the following purposes:
 
 Section 551.071 -- Consultation with Attorney
 Section 551.072 -- Deliberations regarding Real Property
 Section 551.073 -- Deliberation regarding Prospective Gift
 Section 551.074 -- Personnel Matters
 Section 551.076 -- Deliberations regarding Security Devices
 Section 551.087 -- Deliberations regarding Economic Development Negotiations
 

This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of the Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed session portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.
 
This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 972-552-6460 for further information. Braille is not available.
 
I, Rosa Rios, City Secretary for the City of Forney, Texas, do hereby certify this Agenda was posted on the bulletin board at City Hall, in a place readily accessible to the general public at all times, on the 1st day of August 2024, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.