AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, July 5, 2022
 6:15 p.m. Regular Meeting 
 City Hall, 101 E. Main Street, Forney, Texas 75126
 

NEWLY ELECTED COUNCIL MEMBER TAKES OATH OF OFFICE


I.

CALL TO ORDER

II.

INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER ZAHND SCHLENSKER

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Proclamation for Parks and Recreation Month

Documents:
  1. Parks and Recreation Month -- July.pdf
IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the May 18, 2022, special meeting to canvass the General Election.

Documents:
  1. City Council Minutes 05-18-22 -- Special Meeting to Canvass the Election.pdf
2.

Consider approval of the Minutes of the June 7, 2022, City Council meeting.

Documents:
  1. City Council Minutes 06-07-22.pdf
3.

Consider approval of the Minutes of the June 14, 2022, Special Joint Meeting with the Planning and Zoning Commission.

Documents:
  1. City Council Minutes 06-14-22 Special Meeting with Planning and Zoning re comp plan.pdf
4.

Consider approval of the Minutes of the June 28, 2022, special meeting to canvass the Runoff Election.

Documents:
  1. City Council Minutes 06-28-22-- Special Meeting to Canvass the Runoff Election.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 contract with WRA Architects Inc to provide consulting and design services for the Police Station Dispatch Renovation Project and all related issues.

Documents:
  1. Item Summary - Professional Services Award Contract for Police Dispatch Remodel Project.pdf
  2. Resolution - Professional Services Agreement Police Dispatch Remodel WRA Consulting.pdf
  3. 2133 City of Forney Police Dispatch AIA G802 Amendment 5-for city approval.pdf
2.

Consider a Resolution awarding a contract to Hydromax USA, LLC for the Fire Hydrant Maintenance Project and all related issues.

Documents:
  1. Item Summary- Fire Hydrant Project.pdf
  2. Resolution for Fire Hydrant Mainteance Project.pdf
  3. Bid Tabulation - Fire Hydrant Maintenance Project.pdf
3.

Consider a Resolution awarding a contract to Prime Controls for the SCADA upgrade services and all related issues.

Documents:
  1. Item Summary- SCADA System Upgrade.pdf
  2. Resolution - Agreement woth Prime Controls for SCADA Upgrades.pdf
  3. Opinion of Probable Construction Cost.pdf
4.

Consider approval of a site plan for the Reindeer Gifts, located at 310 Industrial Drive.

Documents:
  1. Item Summary-Reindeer Gifts Site Plan.pdf
  2. Exhibits-Reindeer Gifts Site Plan.pdf
5.

Consider approval of the acceptance of public improvements for the Oak Creek subdivision project.

Documents:
  1. Item Summary - Oak Creek.pdf
  2. City of Forney Acceptance Letter - Oak Creek.pdf
6.

Consider approval of a new Grant Writer position.

Documents:
  1. Item Summary --Grant Writer.pdf
VII.

DISCUSSION / ACTION ITEMS

1.

Discuss and consider action regarding a Resolution approving a Reimbursement Agreement between Union Pacific Railroad Company and the City of Forney.

Documents:
  1. Item Summary - Union Pacific Reimbursement Agreement.pdf
  2. Resolution - Reimbursement Agreement - Union Pacific - HEB.pdf
  3. 2022-06-02 PE 980192X -- Union Pacific RR.pdf
2.

Discussion of the updated bond projects and possible action.

3.

Discuss and consider a Resolution approving a Development Agreement between the City of Forney and Blue Ladder Holdings, LLC for the development of certain improvements to be made to Pinson Road at US Highway 80 service road within the City of Forney.

Documents:
  1. Item Summary - Resolution - Development Agreement Blue Ladder.pdf
  2. Resolution - Development Agreement Blue Ladder.pdf
  3. Development Agreement - Pinson Road - Final.pdf
  4. Exhibit B - Scope of Work for the Pinson Road Improvements.pdf
  5. Exhibit C - Zoning Request.pdf
4.

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 Forney TPS Hotel, LP dba TownePlace Suites by Marriott.

Documents:
  1. Item Summary - Resolution approving 380 Agreement - TownePlace Suites.pdf
  2. 380 Agreement City of Forney and Forney Hotel, LP.pdf
  3. 380 Agreement City of Forney and Forney Hotel, LP - Resolution.pdf
  4. Legal Description Hotel Site.pdf
5.

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, L.L.C. regarding Project Graduation Dinner.

Documents:
  1. Item Summary - Resolution approving EDC Agreement - Project Graduation DInner.pdf
  2. Resolution - Economic Incentive and Performance Agreement Victory at Forney - Project Graduation Dinner.pdf
  3. ECONOMIC Incentive and Performance AGREEMENT - FEDC and Victory at Forney - Project Graduation Dinner.pdf
6.

Discuss and consider board and commission appointments: Animal Adoption Center/Shelter Advisory Committee; Board of Adjustment; Building Standards Commission Board; Economic Development Corporation; Historic Overlay District Architectural Review Board; Park and Recreation Board; and the Planning and Zoning Commission.

Documents:
  1. Item Summary -- Board and Commission Appointments.pdf
VIII.

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. 08 - MAY 2022 - MONTHLY COUNCIL REPORT.pdf
  2. 2022 City Hall Report.pdf
IX.

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.

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.  Luminant/LaFrontera Holdings

b.  NTMWD Buffalo Creek Interceptor Agreement

c.  Younes Lafdi vs. David Holman, Officer Smith, and City of Forney

2.

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

a.  City Attorney

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.  Trailhouse Park LLC incentive request 

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

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 1st day of July, 2022, at 5:00 p.m. and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.