AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, March 1, 2022
 6:30 p.m. Regular Meeting 
Council Chambers
 City Hall, 101 E. Main Street, Forney, Texas 75126
 
I.

CALL TO ORDER

II.

INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER SARAH SALGADO

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Presentation of the annual audit for FY 2021.

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the February 1, 2022, Special Joint Meeting with the Planning and Zoning Commission.

Documents:
  1. City Council Minutes -- Special Joint Workshop for City Council and Planning and Zoning 02-01-2022.pdf
2.

Consider approval of the Minutes of the February 15, 2022, City Council meeting.

Documents:
  1. City Council Minutes 02-15-22.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 a Professional Services Agreement with Freeman-Millican, Inc. to provide consulting and design services for the 18-inch Waterline Along Hwy 80 Between Lovers Lane and FM 460 Project and all related issues.

Documents:
  1. Item Summary - Professional Services Award Contract CIP 222 18-inch Waterline Along Hwy 80.pdf
  2. Resolution - Professional Services Agreement CIP 222 18-inch Waterline Along Hwy 80.pdf
  3. Professional Services Engineering Agreement Freeman Millican Inc.pdf
  4. Exhibit A Scope of Services.pdf
  5. Exhibit B Compensation Rev 1.pdf
  6. Exhibit C Design Schedule.pdf
2.

Consider a Resolution setting a date, time and place for a public hearing on the proposed annexation of an approximate 40.823 acres located on County Road 212, in the Absalom Hyer Survey, Abstract 203 owned by Platform 80-20, LP.

Documents:
  1. Item Summary - Resolution - Annexation Public Hearing 40.823 acres Platform 80-20 LP.pdf
  2. Resolution - Annexation Public Hearing 40.823 acres Platform 80-20, LP.pdf
  3. Platform 80-20 - Petition for Annexation (40.823 acres) 012122.pdf
  4. Platform 80-20 - Kaufman CAD - Annexation 1.31.2022.pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval to rezone 46.463 acres of property from a Planned Development with a base zoning district designated as Mixed Use District to a new Planned Development with a base zoning district designated as Mixed Use District. The property is located south of U.S. Highway 80 and west of W. Broad Street. [Read Ordinance Caption]

Documents:
  1. Item Summary-Exeter II Zoning.pdf
  2. Exhibits-Exeter II Zoning.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Presentation and discussion of the Racial Profiling Report.

Documents:
  1. Forney 2021 Racial Profiling Report-Final (3).pdf
2.

Discuss and consider action regarding a Resolution approving a Chapter 380 Grant Agreement with Malouf Interests, Inc; 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. Item Summary - Chapter 380 Grant Agreement Malouf Interests.pdf
  2. Resolution - Chapter 380 Malouf Interests 2 25 2022.pdf
  3. Developer Participation Agreement Malouf Interests Final 02 25 2022.pdf
3.

Discuss and take action to determine the scope of services for the ARPA consulting firm.

Documents:
  1. Item Summary-ARPA scope-2.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. 04 - JAN 2022 - MONTHLY COUNCIL REPORT.pdf
  2. 2022 City Hall Report.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.  Expansion of FM 1641

2.

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

a.  Project King Kong

3.

Discuss or deliberate regarding 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):

a.  Project Umbrella

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 25th day of February, 2022, at 5:00 p.m. and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.