AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, September 5, 2023
 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 JAMES TRAYLOR

 

III.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the August 15, 2023 (Regular) City Council meeting. (Staff recommends approval of the item).

Documents:
  1. City Council Minutes -- 08-15-2023 - DRAFT.pdf
IV.

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.

V.

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 Pierce-Murray Land Solutions, LLC to provide consulting and design services for CIP 247 Parks Department Maintenance Building Parking Lot Addition and all related issues. (Staff recommends approval of the item).

Documents:
  1. Item Summary Professional Services CIP 247 Parks Additional Parking.pdf
  2. Resolution - Professional Services Agreement CIP 247 Parks Additional Park.pdf
  3. City of Forney Parks Department Parking Lot PSA.pdf
  4. Exhibit - Site Location.pdf
2.

Consider a Resolution approving a Professional Services Agreement with Lee Engineering to perform various traffic studies within Forney. (Staff recommends approval of the item).

Documents:
  1. Item Summary Various Traffic Studies- Lee Engineering.pdf
  2. Resolution - Professional Services Agreement Lee Engineering.pdf
  3. Standard Engineering Agreement - Lee Engineering Various Traffic Studies.pdf
3.

Consider approving the Task Authorization with Fitzpatrick Design Construction Services Group LLC for the Fire Station No. 1 Canopy Project and all related issues. (Staff recommends approval of the item).

Documents:
  1. Item Summary - Approval of Forney Task Authorization for FDCS - CIP 215.pdf
  2. Task Authorization - Forney Fire Station No. 2 - CIP 215.pdf
4.

Consider approval of the acceptance of the public improvements for the CR 212 Roadway Improvements Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - CR 212.pdf
  2. City of Forney Acceptance Letter - CR 212.pdf
5.

Consider a Resolution approving a contract with Pierce-Murray Land Solutions, LLC to provide consulting and design services for FM 740 Sidewalk Improvements and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Professional Services Award Contract for FM 740 Sidewalk.pdf
  2. Resolution - Professional Services Agreement FM 740 Sidewalk.pdf
  3. City of Forney_FM 740 Sidewalk - Professional Services Agreement.pdf
6.

Consider approval of the acceptance of public improvements for the First Presbyterian Church Addition. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - First Presbyterian Church Addition.pdf
  2. City of Forney Acceptance Letter - First Presbyterian Church Addition.pdf
7.

Consider approval of the acceptance of the public improvements for the Atmos Service Center Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Atmos Service Center.pdf
  2. City of Forney Acceptance Letter - Atmos Service Center.pdf
8.

Discuss and consider an Ordinance approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Atmos Mid-Tex 2023 RRM.pdf
  2. Draft Ordinance - Atmos Mid-Tex 2023 RRM.pdf
9.

Discuss and consider an Ordinance adopting a unanimous settlement agreement, setting rates and establishing tariffs for the provision of natural gas service by SiEnergy, LP. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Adopting SiEnergy Settlement Agreement.pdf
  2. Draft Ordinance - Adopting SiEnergy Settlement Agreement.pdf
10.

Discuss and consider approval of a Resolution approving the suspension of a requested rate change by CoServ Gas, Ltd. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Suspension Resolution CoServ Gas, Ltd.pdf
  2. Draft Resolution - Suspension Resolution (CoServ Gas 2023 rate case).pdf
VI.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval of an Ordinance for a variance to the location restrictions for the sale and consumption of alcoholic beverages at property identified as Lots 6 & 7, Block 49, of the Original Town of Forney Addition (203 E. Main Street), as regulated by the City of Forney Code of Ordinances, Section 4.02.004. (Forney Economic Development Corporation recommends approval of the item.)

Documents:
  1. Item Summary-Distance Variance.pdf
  2. Exhibits-Distance Variance.pdf
2.

Hold a public hearing on the proposed budget for fiscal year 2023-2024 and take any action necessary. This budget will raise more total property taxes than last year’s budget by $2,913,417 or 22.74%, and 100% of that amount is tax revenue to be raised from new property added to the tax roll this year. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary-Hold a Budget Public Hearing FY24.pdf
VII.

DISCUSSION / ACTION ITEMS

1.

Discuss, *Remove from the Table, and consider board and commission appointments: Board of Adjustment; *Building Standards Commission Board; *Historic Overlay District Architectural Review Board; and the *Planning and Zoning Commission. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Board-Commission Appointments (Continued).pdf
  2. Listing of (Re)Applicants.pdf
2.

Discuss and consider approval of a Wrecker/Towing Service Agreement with Chubs Towing & Recovery, Inc. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Wrecker Towing Service Agreement.pdf
  2. Draft Resolution - Wrecker Towing Agreement Resolution 2023.pdf
  3. Draft Wrecker Towing Service Agreement 2023.pdf
3.

Discuss and consider an Ordinance amending Article 12.04 of the City of Forney Code of Ordinances by adding Section 12.04.009 “No Parking in ancillary lanes of South Gateway Boulevard between Akron Way and County Road 212”. (Staff recommends approval of the item.)

Documents:
  1. Item Summary -- South Gateway Boulevard Parking Restriction.pdf
  2. Gateway Median Striping Exhibit.pdf
  3. Amend Code in Chapter 12 for no parking in ancillary lanes on South Gateway.pdf
4.

Consider approval of an Ordinance for Police Department Civil Service Job Classifications and Positions. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - PD-Position Ordinance.pdf
  2. Draft Ordinance - Classified Positions - Revision PD.pdf
5.

Discuss and consider approval of an Ordinance adopting the amended budget for fiscal year 2022-2023. (Staff recommends approval of the item.)

Documents:
  1. Item Summary-2023 Amended Budget.pdf
  2. Ordinance Amending Budget 2023.pdf
  3. Exhibit A-Amended Budget Ordinance.pdf
6.

Discuss and consider approval of an Ordinance adopting the annual budget for Fiscal Year 2023-2024. (Staff recommends approval of the item.)

Documents:
  1. Item Summary-2024 Operating Budget.pdf
  2. Ordinance - Adopting FY 2024 budget.pdf
  3. Exhibit A-Budget Ordinance.pdf
7.

Discuss and consider action on an Ordinance to ratify the Property Tax Revenue Increase in the Fiscal Year 2023-2024 Budget as a result of the City receiving more revenues from property taxes than the previous fiscal year. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Ordinance Ratifying Increased Tax Revenue FY 2023-2024.pdf
  2. Ordinance - Ratification of Tax Increase for 2023.pdf
8.

Discuss and consider approval of an Ordinance levying ad valorem taxes for Fiscal Year 2023-2024 and take any action necessary. (Staff recommends approval of this item.)

Documents:
  1. Item Summary-2023 Ad Valorem Tax Rate.pdf
  2. Ordinance - Setting tax rate for 2023.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
IX.

ANNOUNCEMENT OF COMMUNITY EVENTS | COUNCIL COMMENTS

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.

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

2.

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):

  1. Pending or contemplated litigation
  2. Legal issues in contract renewal
3.

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 (Texas Government Code Section 551.071):

  1. Ridgecrest Extension
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

XIII.

DISCUSSION

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, Rosa Rios, City Secretary for the City of Forney, Texas, do hereby certify this Agenda was posted on the bulletin board at City Hall, in a place readily accessible to the general public at all times, on the 1st day of September 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.