AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, September 19, 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 CECIL CHAMBERS

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Proclamation: Constitution Week - September 17 through 23, 2023

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the September 5, 2023 (Regular) City Council meeting. (Staff recommends approval of the item).

Documents:
  1. City Council Minutes -- 09-05-2023 - Draft.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 Resolution authorizing the city manager to execute a Joint Election Contract for Joint Election Services with the Kaufman County Elections Administrator for the Special Election being held on November 7, 2023 for the purpose of submitting to registered voters of Forney, Texas amendments to the existing City Charter of the City of Forney, as amended, at an estimated cost of $17,891.41; and providing an effective date. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Elections Contract.pdf
  2. Draft Resolution.pdf
  3. Draft Contract with Exhibits.pdf
2.

Consider a change order for design services for the 18-inch Waterline Along Highway 80 Between Lovers Lane and FM 460 Project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Change Order CIP 222 18-inch Waterline Along Hwy 80.pdf
  2. ENGINEERING CHANGE ORDER DESIGN SERVICES.pdf
3.

Consider a Resolution awarding a contract to Insituform Technologies, LLC., for the construction services of the Sanitary Sewer Pipe Rehabilitation project, CIP 185, and all related issues. (Staff recommends approval of the item.).

Documents:
  1. Item Summary - CIP 185, Phase II - Award Contractor.pdf
  2. Resolution-CIP 185, Phase II - contract award.pdf
4.

Consider a Resolution approving a Professional Services Agreement with Freeman-Millican, Inc., to provide consulting and design services for the Bowie and York Street waterline replacement project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Professional Services for York and Bowie Waterline Replacement Project.pdf
  2. Resolution - Professional Services Agreement York and Bowie Waterline Replacement Project.pdf
  3. Standard Engineering Agreement Waterline Replacement for Bowie and York.pdf
5.

Consider approval of the acceptance of the public improvements for The Learning Experience Project. (Staff recommends approval of this item.)

Documents:
  1. Item Summary - The Learning Experience.pdf
  2. City of Forney Acceptance Letter - The Learning Experience.pdf
6.

Consider approval of a preliminary plat for Pinson Crossing, located southeast of the intersection of Pinson Road and Ridgecrest Road. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Pinson Crossing Preliminary Plat.pdf
  2. Exhibits-Pinson Crossing Preliminary Plat.pdf
7.

Consider approval of a final plat for Pinson Crossing, located southeast of the intersection of Pinson Road and Ridgecrest Road. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Pinson Crossing Final Plat.pdf
  2. Exhibits-Pinson Crossing Final Plat.pdf
8.

Consider approval of a revised preliminary plat for the Victory Shops Forney East Addition, located on the east side of N. F.M. 548, north of the Mustang Crossing Planned Development. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Victory East Revised Preliminary Plat.pdf
  2. Exhibits-Victory East Preliminary Plat.pdf
9.

Consider approval of a revised site plan for the Towneplace Suites Marriott Forney, located south of U.S. Highway 80 and west of Regal Drive. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Marriott Site Plan.pdf
  2. Exhibits-Marriott Revised Elevation Plan.pdf
10.

Consider approval of a site plan for the Tom Thumb Gas Station, located north of the S. F.M. 548 and F.M. 741 intersection. (Planning and Zoning Commission recommends approval of the item.)

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

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Conduct a public hearing, consider and act upon an Ordinance levying special assessments against the assessable property within the “Fox Hollow Public Improvement District No. 1” (Maintenance PID) and approving the final update to the Service and Assessment Plan, pursuant to the provisions of Chapter 372 of the Texas Local Government Code. The PID contains approximately 813.605 acres of land generally located southeast of FM 548 between FM 1641 and FM 741 (Fox Hollow). (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Fox Hollow Maintenance PID Public Hearing 2023.pdf
  2. Ordinance - Forney_Fox_Hollow_Maintenance_PID_2004_-_Levying_Assessments 2023.pdf
  3. SAP Update 2023 - Fox Hollow Appendix A.pdf
2.

Hold a public hearing and discuss and consider approval of an Ordinance for a conditional use permit for “Building Material Sales” to operate as an approved use at 10600 U.S. Highway 80. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-TMI CUP.pdf
  2. Exhibits-TMI CUP.pdf
3.

Hold a public hearing and discuss and consider approval of an Ordinance amending Ordinance 11-15, amended previously by Ordinance 20-54, by amending the signage regulations for the 11-15 Planned Development Overlay District. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Forney Marketplace Sign Amend.pdf
  2. Exhibits-Forney Marketplace Sign Amend.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Discuss and consider approval of an Ordinance amending the Code of Ordinances by amending the Master Fee Schedule to reflect changes to certain fees and miscellaneous permits.(Staff recommends approval of the item.)

Documents:
  1. Item Summary-Master Fee Schedule Amendment FY 2024_Updated (002).pdf
  2. Ordinance - Amend Master Fee Schedule 2024.pdf
  3. Master Fee Schedule Amendment-FY 2024.pdf
2.

Discuss and consider approval of a Resolution modifying the start time for the October 3, 2023 meeting to 5:00 p.m., ordering a Special Meeting for November 20, 2023, and cancelling the November 21, 2023 and December 19, 2023 Regular Meetings; and providing an effective date. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary -Council Meeting Schedule Changes.pdf
  2. Draft Resolution - Council Meeting Schedule Changes.pdf
3.

Discuss and consider an Ordinance amending Chapter 8, “Offenses and Nuisances” of the City of Forney Code of Ordinances, by repealing Article 8.10, Division 2, “Curfew”. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Ordinance Repealing Juvenile Curfew.pdf
  2. D20230907 Ordinance - Repealing Juvenile Curfew JT.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 | 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.

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:

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

XIV.

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 15th 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.