AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, November 12, 2024
 6:30 p.m. Special Meeting 
 City Hall Annex/Council Chambers, 101 E. Main Street, Forney, Texas 75126
 


I.

CALL TO ORDER

II.

INVOCATION AND PLEDGE OF ALLEGIANCE – MAYOR JASON ROBERSON

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Proclamation: National American History Month - November 2024

2.

Recognition: Mr. Kyran Hayes

3.

Street Maintenance List Presentation for FY24-25

4.

Quarterly Council Update on 2022 Proposition E Transportation Projects

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the October 15, 2024 (Regular) City Council Meeting. (Staff recommends approval of the item).

Documents:
  1. 10-15-2024 Minutes - Draft.pdf
V.

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.

VI.

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 an expenditure under Section 501.073 Texas Local Government Code and an Economic Incentive and Performance Agreement for Entrepreneur Empowerment Incentive between the Forney Economic Development Corporation and What’s Poppin, LLC. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Whats Poppin LLC - Entrepreneur Empowerment Incentive.pdf
  2. Resolution - Whats Poppin LLC - Entrepreneur Empowerment Incentive.pdf
  3. AGREEMENT - Whats Poppin LLC - Entrepreneur Empowerment Incentive.pdf
2.

Consider a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and an Economic Incentive and Performance Agreement for Small Business Incentive between the Forney Economic Development Corporation and What’s Poppin, LLC. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Whats Poppin LLC - Small Business Incentive Grant.pdf
  2. Resolution - Whats Poppin LLC - Small Business Incentive Grant.pdf
  3. AGREEMENT - Whats Poppin LLC - Small Business Incentive Grant.pdf
3.

Consider 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 Seneca Village, LLC. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Seneca Village LLC - Performance Agreement.pdf
  2. Resolution - Seneca Village LLC - Performance Agreement.pdf
  3. AGREEMENT - Seneca Village LLC - Performance Agreement.pdf
4.

Consider approval of a Resolution approving the City’s investment policy and broker’s list. (Staff recommends approval of the item.)

Documents:
  1. Item Summary-Investment Policy and Brokers List.pdf
  2. Resolution adopting investment policy 2024.pdf
  3. Investment Policy 2024.pdf
  4. Approved Broker Dealer List 09.30.24.pdf
5.

Consider approval of the acceptance of public improvements for the Holt Lunsford Addition project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Holt Lunsford.pdf
  2. City of Forney Acceptance Letter - Holt Lunsford.pdf
6.

Consider approval of the acceptance of public improvements for the Reeder Road Extension #2 Project. (Staff recommends approval of the item.)

Documents:
  1. City of Forney Acceptance Letter - Reeder Road Extension No. 2.pdf
  2. Item Summary - Reeder Road Extension No. 2.pdf
7.

Consider approval of the acceptance of public improvements for the Texas Elite Barber College project at 607 E. Main St. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Texas Elite Barber College.pdf
  2. City of Forney Acceptance Letter - Texas Elite Barber College.pdf
8.

Consider approval of the acceptance of public improvements for the Gateway Apartments Phase 5 project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Gateway Apartments Phase 5.pdf
  2. City of Forney Acceptance Letter - Gateway Apartments Phase 5.pdf
9.

Consider approval of the acceptance of public improvements for the Lovett Industrial Pad lots. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Lovett Industrial Pad Lots.pdf
  2. City of Forney Acceptance Letter - Lovett Industrial Pad Lots.pdf
10.

Consider approval of the acceptance of public improvements for the Dutch Bros project on FM 548. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Dutch Bros.pdf
  2. City of Forney Acceptance Letter - Dutch Bros.pdf
11.

Consider a Resolution approving a contract with Crossland Construction Company, Inc. to provide CMAR (Construction Manager at Risk) Services for the Fire Station No. 2 Expansion/Renovations - CIP 225 project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary CIP 225.pdf
  2. Resolution - CMAR Agreement CIP 225.pdf
  3. Forney CMaR Contract.pdf
  4. Bid Results and Scoring Totals.pdf
12.

Consider a Resolution awarding a contract to Estrada Concrete Company, LLC for the Bowie and York Streets Waterline Replacement Project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- CIP 252 Award Construction.pdf
  2. Resolution CIP 252 Award Construction.pdf
  3. 23025 FORNEY Bowie_York CIP 252 Rec Ltr.pdf
13.

Consider a Resolution adopting a Covered Applications and Prohibited Technology Policy for the City of Forney in compliance with Senate Bill 1893. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - TikTok Policy.docx
  2. Resolution - TikTok Policy.docx
  3. Policy for Preventing Use of Prohibited Technology and Covered Applications_City of Forney 10.29.2024.docx
14.

Consider approval for a change order for the West Highway 80 West of Lovers Lane 18 Inch Waterline Project, CIP 222. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Change Order CIP 222.pdf
  2. Change Order 1 Pending CC approval.pdf
  3. Change Order 2.pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and consider the removal of a member of the Board of Adjustment, Alternate Seat 4, pursuant to Texas Local Government Code Section 211.008. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Board of Adjustment - Potential Removal.pdf
  2. Notification of Written Charge to Board of Adjustment Member.pdf
2.

Hold a public hearing and consider approval of an Ordinance updating the 2024 Water Conservation and Water Resource and Emergency Management Plan. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- 2024 Water Conservation and Water Resource and Emergency Management Plan.pdf
  2. Ordinance - Updated Water Conservation Plan.pdf
  3. Exhibit A - 2024 Water Conservation and Water Resource and Emergency Management Plan.pdf
  4. 2024 Water Conservation and Emergency Management Plan Updates.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Discuss and consider board and commission appointment(s): Historic Overlay District Architectural Review Board. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Board-Commission Appointment(s).pdf
  2. Listing of (Re)Applicants and Term Appointment Report.pdf
2.

Discuss and consider a Resolution approving a Wholesale Wastewater Service Agreement between the City of Forney and the City of Mesquite. (Staff recommends approval of the item.)

Documents:
  1. Item Summary Wholesale Wastewater Service Agreement between City of Forney and City of Mesquite.pdf
  2. Mesquite Wholesale Wastewater Service Agreement FINAL 4887-4159-3267 v.11[59].pdf
  3. Resolution City of Mesquite Bellagio Sewer Agreement.pdf
  4. res 24-09 City of Rockwall Buffalo Creek Consent.pdf
  5. Res 240827A City of Heath Buffalo Creek Consent.pdf
3.

Discuss and consider action to amend the City of Forney Rules of Procedure for the City Council and the Boards, Commissions and Committees. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Amending Rules of Procedure.pdf
  2. 2025 Council Meeting Schedule - As of 11-01-2024.pdf
4.

Discuss and consider the formulation and implementation of budget policies related to reporting standards for the annual budget process of the City of Forney. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Council discussion RE Budget Policies.pdf
  2. 10-1-24 minimum Council reporting standards for the Forney City Budget.pdf
IX.

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
X.

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.

XI.

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. PUC Docket No. 57114
  2. TEC Complaint, SC-32410562
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. Kaufman Central Appraisal District Board of Directors - Appointment
  2. City Attorney
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. Downtown District
XII.

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.

XIII.

ADJOURNMENT

XIV.

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 Annex, in a place readily accessible to the general public at all times, on the 7th day of November 2024, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.