AGENDA
 FORNEY CITY COUNCIL
 Tuesday, October 19, 2021
 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 CECIL CHAMBERS

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Proclamation for Fire Prevention Week

Documents:
  1. Fire Prevention Week -- Forney Firefighters Day.pdf
IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the September 21, 2021, City Council Meeting.

Documents:
  1. 09-21-21 City Council Minutes.pdf
2.

Consider approval of the Minutes of the September 23, 2021, Special City Council Meeting.

Documents:
  1. 9-23-21 Special City Council Minutes.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 approval of a preliminary plat for the Fox Daycare Addition, located northeast of the intersection of South F.M. 548 and F.M. 741.

Documents:
  1. Item Summary-Fox Daycare Preliminary Plat.pdf
  2. Exhibit-Fox Daycare Preliminary Plat.pdf
2.

Consider approval of a final plat for the Fox Daycare Addition, located northeast of the intersection of South F.M. 548 and F.M. 741.

Documents:
  1. Item Summary-Fox Daycare Final Plat.pdf
  2. Exhibit-Fox Daycare Final Plat.pdf
3.

Consider approval of a site plan for CHC Retail Forney, located northeast of the intersection of South F.M. 548 and F.M 741.

Documents:
  1. Item Summary-CHC Forney Site Plan.pdf
  2. Exhibits-CHC Forney Site Plan.pdf
4.

Consider approval of a preliminary plat for the South F.M. 548 Retail Addition, located northwest of the intersection of South F.M. 548 and F.M 1641.

Documents:
  1. Item Summary-FM 548 Retail Preliminary Plat.pdf
  2. Exhibit-FM 548 Retail Preliminary Plat.pdf
5.

Consider approval of a site plan for South F.M. 548 Retail, located northwest of the South F.M. 548 and F.M. 1641 intersection.

Documents:
  1. Item Summary-FM 548 Retail Site Plan.pdf
  2. Exhibits-FM 548 Retail Site Plan.pdf
6.

Consider approval of a preliminary plat for the Trailhouse Park Addition, located north of E. U.S. Highway 80 and west of Trailhouse Lane.

Documents:
  1. Item Summary-Trailhouse Park Preliminary Plat.pdf
  2. Exhibit-Trailhouse Park Preliminary Plat.pdf
7.

Consider approval of a final plat for the Trailhouse Park Addition, located north of E. U.S. Highway 80 and west of Trailhouse Lane.

Documents:
  1. Item Summary-Trailhouse Park Final Plat.pdf
  2. Exhibit-Trailhouse Park Final Plat.pdf
8.

Consider approval of a Resolution designating the Forney Messenger as the official newspaper.

Documents:
  1. Designate the Forney Messenger as the official newspaper for 2021-2022.pdf
  2. R21-60 -- Name Forney Messenger as the official newspaper.pdf
9.

Consider approval of a resolution approving the City’s investment policy and broker’s list.

Documents:
  1. Item Summary-Investment Policy and Brokers List.pdf
  2. Resolution adopting investment policy 2021.pdf
  3. Investment Policy 2021.pdf
  4. Broker List 2021-10.pdf
10.

Consider approval of the revisions to the revised FY22 Fire Department Pay Plan.

Documents:
  1. Revised FY22 Fire Pay Plan.pdf
  2. Item Summary -- Fire Department Pay Plan.pdf
11.

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 Lovett Industrial LLC.

Documents:
  1. Summary Form - Resolution approving FEDC Performance Agreement Lovett Industrial LLC.pdf
  2. Resolution - Economic Incentive and Performance Agreement Lovett Industrial LLC.pdf
  3. ECONOMIC Incentive and Performance AGREEMENT - FEDC and Lovett Industrial LLC (Lovett Executed).pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval of an Ordinance approving a Conditional Use Permit for a car wash to operate as a permitted use on 1.5 acres of land at the northwest corner of South F.M. 548 and F.M. 1641. [Read Ordinance Caption]

Documents:
  1. Item Summary-QNC CUP.pdf
  2. Exhibits-QNC CUP.pdf
2.

Hold a public hearing and discuss and consider approval of an Ordinance to rezone 2.605 acres of property from General Retail district to Light Industrial district. The property is located at 905 E. Broad Street. [Read Ordinance Caption]

Documents:
  1. Item Summary-905 Broad.pdf
  2. Exhibits-905 Broad.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Transportation Presentation on Current Kaufman County Bond Projects and Potential City Road Projects.

Documents:
  1. Item Summary - Transportation Council Presention.pdf
2.

Discuss and consider approval of a site plan for Quick N Clean, located at the northwest corner of South F.M. 548 and F.M. 1641.

Documents:
  1. Item Summary-QNC Site Plan.pdf
  2. Exhibits-QNC Site Plan.pdf
3.

Discuss and consider approval of an Ordinance amending the budget for fiscal year 2021-2022.

Documents:
  1. Item Summary-2022 Amended Budget.pdf
  2. Ordinance Amending Budget 2022-EDC.pdf
  3. Ordinance Exhibit A EDC.pdf
4.

Discuss and consider a Resolution approving the selection of a qualified firm to assist the City in a new Comprehensive Plan and authorizing the City Manager to negotiate and execute all necessary documents.

Documents:
  1. Item Summary-Comprehensive Plan Resolution.pdf
  2. Exhibit-Comprehensive Plan Resolution.pdf
5.

Consideration of an appeal to the City’s Parkland Dedication determination associated with Windmill Farms Preliminary and Final Plats, Phases 4D-2 and 4D-3, in accordance with Section 212.904 of the Texas Local Government Code.

Documents:
  1. Summary Form - 212.904 Apportionment Appeal - Windmill Farms 4D-2 and 4D-3 October 19.pdf
  2. Proportionality Analysis Appeal Letter.pdf
  3. Parkhill Proportionality Analysis Review Letter.pdf
  4. Exhibit A Proportionality Analysis.pdf
6.

Discuss and consider action regarding a Resolution approving a Chapter 380 Grant Agreement with Lovett Industrial LLC; 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.

Documents:
  1. Summary Form - Chapter 380 Resolution Lovett Industrial LLC.pdf
  2. Resolution - Chapter 380 Lovett Industrial LLC.pdf
  3. Chapter 380 Agreement - Lovett Industrial LLC (Lovett Executed).pdf
7.

Discuss and consider action regarding a Resolution approving a Chapter 380 Grant Agreement with TSHH, LLC; 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.

Documents:
  1. Summary Form - Chapter 380 Resolution TSHH, LLC.pdf
  2. Resolution - Chapter 380 TSHH, LLC.pdf
  3. Forney Chapter 380 Agreement TSHH, LLC.pdf
8.

Discuss and consider board and commission appointments: Building Standards Commission Board and the Economic Development Corporation.

Documents:
  1. Item Summary -- Board Appointments.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
Documents:
  1. 2021 City Hall Report.pdf
  2. Municipal Court Report 10-4-21.pdf
X.

ANNOUNCEMENT OF COMMUNITY EVENTS

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.

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.  Windmill Farms Preliminary and Final Plats, Phases 4D-2 and 4D-3

b.  Facility Entertainment Management Agreement

c.  Ridgecrest Road Extension

d,  Contract for Emergency Notification System Design and Installation


2.

Deliberate the purchase, exchange, lease, or value of real property. (Tex. Gov’t Code Section 551.072):

a.  Project Knife

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

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, Dorothy Brooks, City Secretary for the City of Forney, Texas, do hereby certify that this Agenda was posted at City Hall, in a place readily accessible to the general public at all times, on the 15th day of October, 2021, at 5:00 p.m. and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.