AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, October 17, 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 SANDI PRIMOUS

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Proclamation: Fire Prevention Month - October 2023

2.

Recognition: Texas Indian Association

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the September 14, 2023 City Council Retreat and September 19, 2023 (Regular) City Council meeting. (Staff recommends approval of the item).

Documents:
  1. City Council Minutes -- 09-14-2023 - Draft.pdf
  2. City Council Minutes -- 09-19-2023 - 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 naming the Forney Messenger as the official newspaper of the City for FY 2023-2024. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Annual Designation of Official Newspaper for 2023-2024.pdf
  2. Draft Resolution - Annual Designation of Official Newspaper FY 2023-2024.pdf
2.

Consider approval of a Resolution approving the City’s investment policy and broker’s list. (Staff recommends approval of the item.)

Documents:
  1. Item Summary-Investment Policy and Brokers List.pdf
  2. Resolution adopting investment policy 2023.pdf
  3. Investment Policy 2023.pdf
  4. Approved Broker Dealer List 06.30.23.pdf
3.

Consider a Resolution approving a professional services agreement between the City of Forney and BGE, Inc. for general engineering and consulting services and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary -PSA with BGE for General Engineering and Consultanting Services.pdf
  2. Resolution - PSA with BGE for General Engineering and Consultanting Services.pdf
  3. Proposal City of Forney 2023 Consulting 10-02-2023.pdf
4.

Consider a Resolution approving a professional services agreement between the City of Forney and WRA Architects Inc. to provide consulting and design services for the City Hall Elevator Modernization Project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Professional Services Award Contract for City Hall Elevator.pdf
  2. Resolution - PSA with WRA for Architectural and Engineering Services.pdf
  3. City of Forney City Hall Elevator Replacement - WRA design proposal.pdf
5.

Consider approval of the acceptance of the public improvements for the Forney Marketplace Lot 2 Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Forney Marketplace Lot 2.pdf
  2. City of Forney Acceptance Letter - Forney Marketplace Lot 2.pdf
6.

Consider approval of the acceptance of the public improvements for the Forney Marketplace Lots 3 & 4 Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Forney Marketplace Lots 3 and 4.pdf
  2. City of Forney Acceptance Letter - Forney Marketplace Lots 3 and 4.pdf
7.

Consider approval of the acceptance of the public improvements for the Forney Marketplace Lots 5 & 7 Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Forney Marketplace Lots 5 and 7.pdf
  2. City of Forney Acceptance Letter - Forney Marketplace Lots 5 and 7.pdf
8.

Consider approval of a site plan for Trailhouse Park Tract B, located north of the intersection of Trailhouse Lane and the U.S. Highway 80 frontage road. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Trailhouse Tract B SP.pdf
  2. Exhibits-Trailhouse Tract B SP.pdf
9.

Consider approval of a revised site plan for Fast Fuels Gas Station, located north of Don T. Cates Drive and east of North F.M. 548. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Rhyn SP.pdf
  2. Exhibits-Rhyn SP.pdf
10.

Consider approval of a final plat for the Scooter’s Coffee Addition, located northeast of the intersection of South F.M. 548 and F.M. 741. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Scooters Final Plat.pdf
  2. Exhibits-Scooters Final Plat.pdf
11.

Consider approval of a final plat for the Forney Fire Station No. 2, located at 980 Reeder Lane. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Fire Station Final Plat.pdf
  2. Exhibits-Fire Station Final Plat.pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval of an Ordinance to rezone 39.87 acres of land from General Retail District, Office District, and Agricultural District to Commercial District. The property is located north of U.S. Highway 80 and west of Pinson Road. (Planning and Zoning Commission recommends denial of the item.)

Documents:
  1. Item Summary-Pinson C Rezone.pdf
  2. Exhibits-Pinson C Zoning.pdf
2.

Hold a public hearing and discuss and consider approval of an Ordinance rezoning 0.198 acres of land from SF-6 Single-Family Residential District to General Retail District. The property is located on the west side of Cedar Street and is identified as Block 30, Lots 4, 5, and 6 of the Original Forney Addition. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Cedar GR Rezone.pdf
  2. Exhibits-Cedar GR Rezone.pdf
3.

Hold a public hearing and discuss and consider approval of an Ordinance approving a conditional use permit to allow a brewpub to operate at 203 E. Main Street on property identified as Block 49, Lots 6, 7, and 8 of the Forney Original Addition. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Brewpub CUP.pdf
  2. Exhibits-Brewpub CUP.pdf
4.

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 Lot 8, Block 49, of the Original Town of Forney Addition, as regulated by the City of Forney Code of Ordinances, Section 4.02.004. (Staff/Forney Economic Development Corporation recommend approval of the item.)

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

DISCUSSION / ACTION ITEMS

1.

Discuss and consider approval of a site plan for a brewpub to operate at 203 E. Main Street on property identified as Block 49, Lots 6, 7, and 8 of the Forney Original Addition. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Brewpub SP.pdf
  2. Exhibits-Brewpub SP.pdf
2.

Discuss and consider approval of 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 2023.pdf
  2. Ordinance - Forney_Fox_Hollow_Maintenance_PID_2004_-_Levying_Assessments 2023.pdf
  3. SAP Update 2023 - Fox Hollow Appendix A.pdf
3.

Discuss and consider a Resolution approving a professional services agreement between the City of Forney and Hawes Hill & Associates LLP for consulting and other related services for the administration of the City of Forney, Texas Tax Increment Reinvestment Zone No. 1 (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Resolution Approving Hawes Hill and Associates LLP Agreement.pdf
  2. Resolution - Agreement with Hawes Hill and Associates LLP with Exhibit A.pdf
4.

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

Documents:
  1. Item Summary - Fire and Police Department Positions and Classifications.pdf
  2. Ordinance - Fire and Police Department Positions and Classifications.pdf
5.

Consider approval of an Ordinance for Fire Department Civil Service Add On Pay. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Fire Department Add On Pay.pdf
  2. Ordinance - Fire Department Add On Pay.pdf
6.

Discuss and consider a Resolution authorizing the City Manager to finalize, execute and administer an Escrow Agreement between the City of Forney (City) and the Century Land Holdings of Texas, LLC. for the postponement of culvert connections for Overland Grove Phase 2. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Escrow Agreement For Overland Grove Phase 2.pdf
  2. Resolution - Escrow Agreement for Postponement of Public Improvements with Century Land Holdings of Texas LLC.pdf
  3. Escrow Agreement Public Improvements - Overland Grove Phase 2 Culvert Connection updated D20231009 with Exhibits.pdf
7.

Consider authorizing City staff to receive proposals for concession services at Mulberry Park baseball and Community Park softball complex. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- City of Forney RFP - Concession Services for the Parks and Recreation .pdf
  2. City of Forney RFP - Concession Services for Parks and Recreation.pdf
8.

Consider removal of board, commission, and committee members: Animal Adoption Center/Shelter Advisory Committee, Board of Adjustment, Historic Overlay District Architectural Review Board, and Tax Increment Financing Reinvestment Zone No. One Board. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Board, Commission, and Committee Members - Potential Removal.pdf
  2. Exhibit - Board, Commission, and Committee Members - Potential Removal.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:

1.

Deliberate the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices (Texas Government Code Section 551.089).

2.

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

  1.  Municipal Judges
3.

Deliberation 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 deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code Section 551.087):

  1.  Project Buddies
4.

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

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 12th day of October 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.