AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, August 16, 2022
 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 in honor of Cary Griffin.

Documents:
  1. Proclamation in honor of Cary Griffin.pdf
IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the August 2, 2022, City Council meeting.

Documents:
  1. City Council Minutes 08-02-2022.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.

Confirmation of Civil Service Commission.

Documents:
  1. Item Summary - Civil Service Commission.pdf
2.

Consider approval of the quarterly investment reports ending 03/31/22 and 06/30/22.

Documents:
  1. Item Summary-Quarterly Investment Report Q2-Q3.pdf
  2. Forney Quarterly 2022-03.pdf
  3. Forney Quarterly 2022-06.pdf
3.

Consider approval of a preliminary plat for Gateway Phase 5, located east of North F.M. 548 and south of North Gateway Boulevard.

Documents:
  1. Item Summary-Gateway Phase 5 Preliminary Plat.pdf
  2. Exhibit-Gateway Phase 5 Preliminary Plat.pdf
4.

Consider approval of a final plat for Gateway Phase 5, located east of North F.M. 548 and south of North Gateway Boulevard.

Documents:
  1. Item Summary-Gateway Phase 5 Final Plat.pdf
  2. Exhibit-Gateway Phase 5 Final Plat.pdf
5.

Consider approval of a site plan for Take 5 Oil Change, located at the southeast corner of S. F.M. 548 and F.M. 741.

Documents:
  1. Item Summary-Take 5 Site Plan.pdf
  2. Exhibits-Take 5 Site Plan.pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval of a replat of Lot 1, Block 1 of the Bush’s Chicken Forney Addition.

Documents:
  1. Item Summary-Take 5 Replat.pdf
  2. Exhibit-Take 5 Replat.pdf
2.

Hold a public hearing and discuss and consider approval of an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by amending Section 37, entitled “Use Regulations”, to consider the designation of permitted, prohibited, and conditional uses.

Documents:
  1. Item Summary-Use Amendments.pdf
  2. Exhibit-Use Amendments.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Presentation of the proposed FY 2022-2023 Budget.

Documents:
  1. Item Summary-Presentation of proposed budget.pdf
2.

Discuss and consider approval of a resolution calling for a budget public hearing on September 6, 2022.

Documents:
  1. Item Summary-Budget Public Hearing FY23.pdf
  2. Resolution - 2022-2023 Fiscal Year Budget public hearing notice.pdf
  3. Budget public hearing notice-Exhibit A.pdf
3.

Discuss and consider approval of a resolution to adopt the 2022 tax rate at the September 6, 2022 City Council meeting. [Record Vote Required]

Documents:
  1. Item Summary-Resolution to adopt tax rate.pdf
  2. Resolution - 2022 Tax Year Proposed Property Tax Rate Notice.pdf
  3. Exhibit A Proposed Tax Rate.pdf
4.

Transportation Update Related to Proposed City Bond Transportation Projects and Pavement Condition Index (PCI) Study Results.

5.

Discuss and consider all matters incident and related to calling a bond election to be held in the City of Forney, Texas, including the adoption of an ordinance pertaining thereto. [Read Ordinance Caption]

Documents:
  1. Item Summary Form - 2022 Ordinance Calling a Bond Election.pdf
  2. FORNEY NOV 2022 ELECTION - Ordinance Calling Bond Election Revised.pdf
6.

Discuss and consider a potential land swap between the City of Forney and Forney Independent School District.

Documents:
  1. Item Summary - City and ISD Land Swap.pdf
  2. Forney ISD Property Appraisal.pdf
  3. Land Swap Map of Areas in Agreement.pdf
7.

Discuss and consider approval of a revised site plan for the Forney ISD Middle School #4, located southeast of the intersection of Monitor Boulevard and F.M. 1641.

Documents:
  1. Item Summary-Middle School 4 Site Plan.pdf
  2. Exhibits-Middle School 4 Site Plan.pdf
8.

Discuss and consider approval of a revised site plan for the Forney ISD Middle School at Warren, located southeast of the intersection of S. Bois d’Arc and Shands Street.

Documents:
  1. Item Summary-Middle School Warren Site Plan.pdf
  2. Exhibits-Middle School Warren Site Plan.pdf
9.

Discuss and consider authorizing staff to contact property owners adjacent to City owned property located north of College Avenue and south of E. Brooks.

Documents:
  1. Item Summary-Vacant Land.pdf
  2. Exhibit-Vacant Land.pdf
10.

Discuss and consider a Resolution approving a negotiated settlement between the ATMOS Cities Steering Committee (“ACSC”) and ATMOS Energy Corp., Mid-Tex Division regarding the Company’s 2022 Rate Review Mechanism filing.

Documents:
  1. 2022 ACSC Rate Negotiation Item Summary Form.pdf
  2. 2022 Atmos Mid-Tex RRM Settlement Resolution.pdf
  3. 2022 Atmos Mid-Tex Settlement Resolution Exhibits.pdf
11.

Discuss and consider an Ordinance amending various sections in Chapter 2 Animal Control of the City of Forney Code of Ordinances. [Read Ordinance Caption]

Documents:
  1. Item Summary -- Amend Code in Chapter 2 Animal Control.pdf
  2. Animal Ordinance August 2022.pdf
12.

Discuss and consider approval of a Resolution to appoint a Mayor Pro Tem for a period of one year.

Documents:
  1. Item Summary -- Appoint a Mayor Pro Tem.pdf
  2. Mayor Pro Tem Election 8-16-22.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

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.  JAC Negotiations

b.  Victory Group Agreement

c.  NTMWD v. City of Heath, City of Rockwall, and City of Forney

d.  Lafdi v. City of Forney, Holman, and Smith

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 12th day of August 12, 2022, at 5:00 p.m. and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.