I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER DERALD COOPER
APPROVAL OF MINUTES 1. Consider approval of the Minutes of the August 4, 2020, City Council meeting.
and will be enacted in one motion. There will be no separate discussion of these items unless requested by a Council Member.] 1. Consider approval of the quarterly investment report ending 06/30/20. Documents: Item Summary-Quarterly Investment Report Q3.pdf Forney Quarterly 2020-06.pdf 2. Consider authorizing the City Manager to execute a Streetlight Maintenance Authorization for LED Replacements. Documents: Item Summary -- Streetlight Maintenance Authorization for LED Replacements.pdf Street Light Maintenance.pdf 3. Consider approval for the City acceptance for the demolition services at 702 E. Main Street. Documents: Item Summary - Project Acceptance Demolition of 702 E Main Street CIP 110.pdf 4. Consider approval of a final plat for the Avery Addition, located at the southeast corner of F.M. 548 and F.M. 741. Documents: Item Summary-Avery Final Plat.pdf Exhibit-Avery Final Plat.pdf 5. Consider approval of a right of way final plat for Akron Way. Documents: Item Summary-Akron Way.pdf Exhibit-Akron Way.pdf 6. Consider approval of a right of way final plat for Sage Hill Parkway. Documents: Item Summary-Sage Hill Parkway.pdf Exhibit-Sage Hill Parkway.pdf 7. Consider approval of a right-of-way final plat for Sierra Parkway, Akron Way and Sage Hill Parkway. Documents: Item Summary-Sierra Parkway.pdf Exhibit-Sierra Parkway.pdf 8. Consider approval of a site plan for City Park Storage at 110 Justice Center Drive. Documents: Item Summary-City Storage.pdf Exhibits-City Storage.pdf 9. Consider approval of a Resolution of the City of Forney, authorizing the City Manager to execute a Professional Services agreement with TCAP and Gexa Energy. Documents: Item Summary -- TCAP.pdf D20200806 TCAP Resolution.pdf Exhibit A PSA.pdf Exhibit B CESA.pdf SHP explanation.pdf
Hold a public hearing on the proposed budget for fiscal year 2020-2021 and take any action necessary. This budget will raise more total property taxes than last year's budget by $720,154 or 7.50%, and of that $4645,668 is tax revenue to be raised from new property added to the tax roll this year.
Hold a public hearing and discuss and consider approval of a replat of the Intex Addition Replat, Lot 1A, Block 1. Documents: Item Summary-Intex Addition Replat.pdf
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 49.498 acres of land from Mixed Use district to a Planned Development with Mixed Use underlying zoning. The property is located south of W. U.S. Highway 80 and west of the W. U.S. Highway 80 and W. Broad Street intersection. [Read Ordinance Caption] Documents: Item Summary-Project Liberty PD.pdf Exhibits-Project Liberty PD.pdf
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 108.2 acres of land from Planned Development (Ordinance 19-15) to a Planned Development with Light Industrial and General Retail underlying zoning. The property is located southwest of the U.S. Highway 80 and Clements Drive (F.M. 460) intersection. [Read Ordinance Caption] Documents: Item Summary-Wellington Ridge PD.pdf Exhibits-Wellington Ridge PD.pdf
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 38.526 acres of land from Commercial district and General Retail district to a Planned Development Overlay District with base zoning districts designated as Commercial District and MF-15 District. The property is located north of E. U.S. Highway 80 and west of Trailhouse Lane. [Read Ordinance Caption] Documents: Item Summary-Trailhouse Park PD.pdf Exhibits-Trailhouse Park PD.pdf
Hold a public hearing and discuss and consider approval of an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending fence regulations. [Read Ordinance Caption] Documents: Item Summary-Fence Amendment.pdf Exhibit-Fence Amendment.pdf
Discuss and consider approval of the 2020 Certified Tax Roll. Documents: Item Summary-2020 Certified Tax Roll.pdf Summary of Certified Roll.pdf
Discuss and consider an Ordinance amending Chapter 4, Article 4.05, “Peddlers and Solicitors,” of the City of Forney Code of Ordinances to amend the duration of a permit and the hours when peddling is not permitted. [Read Ordinance Caption] Documents: Item Summary - Peddlers and Solicitors Ordinance Amendment.pdf Ordinance - Amending Article 4.05 Peddler and Solicitors.pdf
3. Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving FEDC Performance Agreement Trailhouse Park LLC.pdf Resolution - Approving Performance Agreement Trailhouse Park LLC.pdf ECONOMIC Incentive and Performance AGREEMENT - FEDC and Trailhouse Park LLC Final.pdf 4. Discuss and consider action on a Resolution approving a Development Agreement between the City of Forney and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving Development Agreement Trailhouse Park LLC.pdf Resolution Approving Development Agreement - Trailhouse Park.pdf D20200814 Development Agreement Trailhouse Park.pdf
Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Victory at Forney, LLC. Documents: Item Summary - Resolution approving FEDC Performance Agreement Victory at Forney LLC.pdf Resolution - Approving Performance Agreement Victory at Forney LLC.pdf ECONOMIC Incentive and Performance AGREEMENT - FEDC and Victory at Forney.pdf
COUNCIL COMMENTS PURSUANT TO SECTION 551.0415 TEX. GOV'T CODE, CITY COUNCIL MEMBERS MAY MAKE A REPORT ABOUT ITEMS OF COMMUNITY INTEREST DURING A MEETING OF THE GOVERNING BODY WITHOUT HAVING GIVEN NOTICE OF THE REPORT. ITEMS OF COMMUNITY INTEREST INCLUDE: l Expressions of thanks, congratulations, or condolence; l Information regarding holiday schedules; l An honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; l A reminder about an upcoming event organized or sponsored by the governing body; l Information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and l Announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.
X. 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. 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 (Tex. Gov’t Code Section 551.071): a. PUC Docket No. 46662; SOAH Docket No. 473-17-4964.WS – Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. b. 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. 2. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (Tex. Gov't Code Section 551.074): a. Council Member Place 1 – appointment to fill vacancy. 3. Discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the City’s corporate limits and with which the City is conducting economic development negotiations; or deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code 551.087): a. Chapter 380 Agreement for Project Victory. XI. 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.
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 38.526 acres of land from Commercial district and General Retail district to a Planned Development Overlay District with base zoning districts designated as Commercial District and MF-15 District. The property is located north of E. U.S. Highway 80 and west of Trailhouse Lane. [Read Ordinance Caption] Documents: Item Summary-Trailhouse Park PD.pdf Exhibits-Trailhouse Park PD.pdf
3. Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving FEDC Performance Agreement Trailhouse Park LLC.pdf Resolution - Approving Performance Agreement Trailhouse Park LLC.pdf ECONOMIC Incentive and Performance AGREEMENT - FEDC and Trailhouse Park LLC Final.pdf 4. Discuss and consider action on a Resolution approving a Development Agreement between the City of Forney and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving Development Agreement Trailhouse Park LLC.pdf Resolution Approving Development Agreement - Trailhouse Park.pdf D20200814 Development Agreement Trailhouse Park.pdf
Items X & XI (Part 2 of 2) & XII
X. 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. 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 (Tex. Gov’t Code Section 551.071): a. PUC Docket No. 46662; SOAH Docket No. 473-17-4964.WS – Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. b. 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. 2. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (Tex. Gov't Code Section 551.074): a. Council Member Place 1 – appointment to fill vacancy. 3. Discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the City’s corporate limits and with which the City is conducting economic development negotiations; or deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code 551.087): a. Chapter 380 Agreement for Project Victory. XI. 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. XII. ADJOURNMENT
I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER DERALD COOPER
APPROVAL OF MINUTES 1. Consider approval of the Minutes of the August 4, 2020, City Council meeting.
and will be enacted in one motion. There will be no separate discussion of these items unless requested by a Council Member.] 1. Consider approval of the quarterly investment report ending 06/30/20. Documents: Item Summary-Quarterly Investment Report Q3.pdf Forney Quarterly 2020-06.pdf 2. Consider authorizing the City Manager to execute a Streetlight Maintenance Authorization for LED Replacements. Documents: Item Summary -- Streetlight Maintenance Authorization for LED Replacements.pdf Street Light Maintenance.pdf 3. Consider approval for the City acceptance for the demolition services at 702 E. Main Street. Documents: Item Summary - Project Acceptance Demolition of 702 E Main Street CIP 110.pdf 4. Consider approval of a final plat for the Avery Addition, located at the southeast corner of F.M. 548 and F.M. 741. Documents: Item Summary-Avery Final Plat.pdf Exhibit-Avery Final Plat.pdf 5. Consider approval of a right of way final plat for Akron Way. Documents: Item Summary-Akron Way.pdf Exhibit-Akron Way.pdf 6. Consider approval of a right of way final plat for Sage Hill Parkway. Documents: Item Summary-Sage Hill Parkway.pdf Exhibit-Sage Hill Parkway.pdf 7. Consider approval of a right-of-way final plat for Sierra Parkway, Akron Way and Sage Hill Parkway. Documents: Item Summary-Sierra Parkway.pdf Exhibit-Sierra Parkway.pdf 8. Consider approval of a site plan for City Park Storage at 110 Justice Center Drive. Documents: Item Summary-City Storage.pdf Exhibits-City Storage.pdf 9. Consider approval of a Resolution of the City of Forney, authorizing the City Manager to execute a Professional Services agreement with TCAP and Gexa Energy. Documents: Item Summary -- TCAP.pdf D20200806 TCAP Resolution.pdf Exhibit A PSA.pdf Exhibit B CESA.pdf SHP explanation.pdf
Hold a public hearing on the proposed budget for fiscal year 2020-2021 and take any action necessary. This budget will raise more total property taxes than last year's budget by $720,154 or 7.50%, and of that $4645,668 is tax revenue to be raised from new property added to the tax roll this year.
Hold a public hearing and discuss and consider approval of a replat of the Intex Addition Replat, Lot 1A, Block 1. Documents: Item Summary-Intex Addition Replat.pdf
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 49.498 acres of land from Mixed Use district to a Planned Development with Mixed Use underlying zoning. The property is located south of W. U.S. Highway 80 and west of the W. U.S. Highway 80 and W. Broad Street intersection. [Read Ordinance Caption] Documents: Item Summary-Project Liberty PD.pdf Exhibits-Project Liberty PD.pdf
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 108.2 acres of land from Planned Development (Ordinance 19-15) to a Planned Development with Light Industrial and General Retail underlying zoning. The property is located southwest of the U.S. Highway 80 and Clements Drive (F.M. 460) intersection. [Read Ordinance Caption] Documents: Item Summary-Wellington Ridge PD.pdf Exhibits-Wellington Ridge PD.pdf
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 38.526 acres of land from Commercial district and General Retail district to a Planned Development Overlay District with base zoning districts designated as Commercial District and MF-15 District. The property is located north of E. U.S. Highway 80 and west of Trailhouse Lane. [Read Ordinance Caption] Documents: Item Summary-Trailhouse Park PD.pdf Exhibits-Trailhouse Park PD.pdf
Hold a public hearing and discuss and consider approval of an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending fence regulations. [Read Ordinance Caption] Documents: Item Summary-Fence Amendment.pdf Exhibit-Fence Amendment.pdf
Discuss and consider approval of the 2020 Certified Tax Roll. Documents: Item Summary-2020 Certified Tax Roll.pdf Summary of Certified Roll.pdf
Discuss and consider an Ordinance amending Chapter 4, Article 4.05, “Peddlers and Solicitors,” of the City of Forney Code of Ordinances to amend the duration of a permit and the hours when peddling is not permitted. [Read Ordinance Caption] Documents: Item Summary - Peddlers and Solicitors Ordinance Amendment.pdf Ordinance - Amending Article 4.05 Peddler and Solicitors.pdf
3. Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving FEDC Performance Agreement Trailhouse Park LLC.pdf Resolution - Approving Performance Agreement Trailhouse Park LLC.pdf ECONOMIC Incentive and Performance AGREEMENT - FEDC and Trailhouse Park LLC Final.pdf 4. Discuss and consider action on a Resolution approving a Development Agreement between the City of Forney and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving Development Agreement Trailhouse Park LLC.pdf Resolution Approving Development Agreement - Trailhouse Park.pdf D20200814 Development Agreement Trailhouse Park.pdf
Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Victory at Forney, LLC. Documents: Item Summary - Resolution approving FEDC Performance Agreement Victory at Forney LLC.pdf Resolution - Approving Performance Agreement Victory at Forney LLC.pdf ECONOMIC Incentive and Performance AGREEMENT - FEDC and Victory at Forney.pdf
COUNCIL COMMENTS PURSUANT TO SECTION 551.0415 TEX. GOV'T CODE, CITY COUNCIL MEMBERS MAY MAKE A REPORT ABOUT ITEMS OF COMMUNITY INTEREST DURING A MEETING OF THE GOVERNING BODY WITHOUT HAVING GIVEN NOTICE OF THE REPORT. ITEMS OF COMMUNITY INTEREST INCLUDE: l Expressions of thanks, congratulations, or condolence; l Information regarding holiday schedules; l An honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; l A reminder about an upcoming event organized or sponsored by the governing body; l Information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and l Announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.
X. 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. 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 (Tex. Gov’t Code Section 551.071): a. PUC Docket No. 46662; SOAH Docket No. 473-17-4964.WS – Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. b. 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. 2. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (Tex. Gov't Code Section 551.074): a. Council Member Place 1 – appointment to fill vacancy. 3. Discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the City’s corporate limits and with which the City is conducting economic development negotiations; or deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code 551.087): a. Chapter 380 Agreement for Project Victory. XI. 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.
Hold a public hearing and discuss and consider approval of an Ordinance to rezone 38.526 acres of land from Commercial district and General Retail district to a Planned Development Overlay District with base zoning districts designated as Commercial District and MF-15 District. The property is located north of E. U.S. Highway 80 and west of Trailhouse Lane. [Read Ordinance Caption] Documents: Item Summary-Trailhouse Park PD.pdf Exhibits-Trailhouse Park PD.pdf
3. Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and a Performance Agreement between the Forney Economic Development Corporation and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving FEDC Performance Agreement Trailhouse Park LLC.pdf Resolution - Approving Performance Agreement Trailhouse Park LLC.pdf ECONOMIC Incentive and Performance AGREEMENT - FEDC and Trailhouse Park LLC Final.pdf 4. Discuss and consider action on a Resolution approving a Development Agreement between the City of Forney and Trailhouse Park, LLC. Documents: Item Summary - Resolution approving Development Agreement Trailhouse Park LLC.pdf Resolution Approving Development Agreement - Trailhouse Park.pdf D20200814 Development Agreement Trailhouse Park.pdf
Items X & XI (Part 2 of 2) & XII
X. 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. 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 (Tex. Gov’t Code Section 551.071): a. PUC Docket No. 46662; SOAH Docket No. 473-17-4964.WS – Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. b. 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. 2. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (Tex. Gov't Code Section 551.074): a. Council Member Place 1 – appointment to fill vacancy. 3. Discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the City’s corporate limits and with which the City is conducting economic development negotiations; or deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code 551.087): a. Chapter 380 Agreement for Project Victory. XI. 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. XII. ADJOURNMENT