AGENDA 
 FORNEY CITY COUNCIL 
 Monday, November 20, 2023
 6:30 p.m. Special Meeting 
 City Hall, 101 E. Main Street, Forney, Texas 75126
 
I.

CALL TO ORDER

II.

INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER ZAHND SCHLENSKER

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Recognition: Sgt. Markeith Pleasant and Officer Nathan Bailey

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the November 7, 2023 Regular City Council meeting. (Staff recommends approval of the item).

Documents:
  1. City Council Minutes -- 11-07-2023 Regular - 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 confirming the reappointment of Robert Dobbs to the Kaufman County Appraisal District Board by the Forney Independent School District. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary.pdf
  2. 2023 Notification Letter from Kaufman CAD of Needed Appointment.pdf
  3. Forney ISD Adopted Resolution of Reappointment.pdf
  4. Draft Resolution.pdf
2.

Consider approval of the quarterly investment report ending 9/30/23. (Staff recommends approval of the item)

Documents:
  1. Item Summary-Quarterly Investment Report Q4.pdf
  2. Forney Quarterly 2023-09.pdf
3.

Consider a Resolution denying a rate increase proposed by CoServ Gas, Ltd. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - CoServ rate increase denial.pdf
  2. Draft Denial Resolution (CoServ Gas 2023 rate case).pdf
4.

Consider approval of a preliminary plat of Green Pastures Addition, located north of College Avenue and south of Brooks Street. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Green Pastures PP.pdf
  2. Exhibits-Green Pastures PP.pdf
5.

Consider approval of a revised site plan for Mt. Zion Baptist Church, located at 500 Mesquite Street. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-MtZion SP.pdf
  2. Exhibits-MtZion SP.pdf
6.

Consider approval of a right of way final plat for 0.052 acres of Sage Hill Parkway. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Sage Hill 052 Plat.pdf
  2. Exhibit-Sage Hill 052 Plat.pdf
7.

Consider approval of a right of way final plat for 4.784 acres of Sage Hill Parkway. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Sage Hill 4784 Plat.pdf
  2. Exhibit-Sage Hill 4784 Plat.pdf
8.

Consider approval of a site plan for Dutch Bros Coffee, located south of the North F.M. 548 and Ridgecrest intersection. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Dutch SP.pdf
  2. Exhibits-Dutch SP.pdf
9.

Consider approval for a road reconstruction project of approximately ½ mile of Helms Trail between Akron Way and the City Limits. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- Helms Trail Reconstruction - Arkon Way to City Limits.pdf
  2. Helms Trail Paving Limits Exhibit.pdf
  3. Bid and Contract Documents 2021 Annual Price Agreement Asphalt Repairs -RFP 2021-004.pdf
  4. 2023-015 Helms Trail.pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval of an Ordinance approving a Conditional Use Permit for a “Banquet Hall” to operate as an approved use on 0.312 acres of property located south of the E. Main Street and Chestnut Street intersection. Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Event CUP.pdf
  2. Exhibits-Event CUP.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Discuss and consider action on an Ordinance canvassing the returns of the Special Election held on November 7, 2023 for the purpose of submitting to the qualified voters of the City of Forney the adoption or rejection of certain Propositions each providing for the amendment to the City of Forney Home Rule Charter, declaring the results of that Election, ordering the adoption of Charter Amendments and adopting the Charter, as amended. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Canvassing Special Election of November 7, 2023 - Charter Amendments.pdf
  2. Draft Ordinance With Exhibits -- Canvassing Special Election of November 7, 2023 - Charter Amendments.pdf
2.

Discuss and consider a Resolution approving an Interlocal Agreement for Wastewater Service between the City of Forney and the Forney Independent School District. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- FISD FLA Sanitary Sewer Agreement.pdf
  2. Resolution - Interlocal Agreement for Wastewater Service with FISD.pdf
  3. Forney ISD and City of Forney Sewer Agreement Final.pdf
  4. FISD - SEWER - EXHIBIT B.pdf
  5. 2023- LTR FISD LC Wastewater Consent.pdf
3.

Receive an update/report and discussion on emergency medical services in the City of Forney and related contractual compliance. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Presentation on Emergency Medical Services (Ambulance Services).pdf
4.

Discuss and consider a request from Smurfit Kappa North America to create an industrial water and sewer rate classification for their facilities in the City of Forney. (Staff recommends denial of this request.)

Documents:
  1. Item Summary - Request from Smurfit Kappa North America RE Water and Sewer Rates.pdf
  2. Smurfit Kappa Water and Sewer Rate Request.pdf
5.

Discuss and consider giving direction to City staff on the creation of a local housing authority in the City of Forney under the authority of Chapter 392 of the Texas Local Government Code. (Staff will receive direction from the City Council.)

Documents:
  1. Item Summary - Discussion on the Creation of a Housing Authority.pdf
6.

Discuss and consider possible future action to the City of Forney Code of Ordinances regarding the structure and organization of the Forney Economic Development Corporation and all related issues. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - FEDC Organization discussion.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.

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. Receive legal advice on applicable policies, procedures and limitations related to personnel benefits.
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 16th day of November 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.