AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, January 2, 2024
 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 – MAYOR JASON ROBERSON

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Street Maintenance List Presentation for FY23-24

IV.

APPROVAL OF MINUTES

1.

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

Documents:
  1. City Council Minutes -- 12-05-2023.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 a Resolution authorizing the City Manager to finalize, execute and administer a Service Agreement between the City of Forney (City) and the Union Pacific Railroad. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Union Pacific Quiet Zone Sevice Agreement.pdf
  2. Resolution - Public Highway At-Grade Crossing Agreement.pdf
  3. 0667972 Public Highway At Grade Crossing (Chestnut St) DOT 794802S Forney TX.pdf
2.

Consider a Resolution approving a Professional Services Agreement with Freeman-Millican, Inc., to provide consulting and design services for a new water line and for the relocation of the water utilities for the TxDOT FM 1641 expansion project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Professional Services Award Contract for FM 1641 Water Relocation Project.pdf
  2. Resolution - Professional Services Agreement FM 1641 Water Utility Relocation for Expansion Project.pdf
  3. Standard Engineering Agreement FM 1641 Water Utilities Relocation for Expansion Project.pdf
3.

Consider a Resolution awarding a contract to Circle H Contractors, LP for the 18-inch Waterline Along Hwy 80 Between Lovers Lane and FM 460 Project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- CIP 222 Award Construction for 18 Inch Water Line Loop Project.pdf
  2. Resolution CIP 222 Award Construction for 18 Inch Water Line Loop Project.pdf
  3. Bidder Letter of Recommendation.pdf
  4. CIP 222 FOR US 80 WL Loop Bid Tabulation.pdf
4.

Consider approval of the acceptance of public improvements for the Lovers Landing residential subdivision (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Lovers Landing.pdf
  2. City of Forney Acceptance Letter - Lovers Landing.pdf
5.

Consider approval of a revised site plan for 700 W. Broad Street. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-700 W Broad SP.pdf
  2. Exhibits-700 W Broad SP.pdf
6.

Consider approval of a site plan for Gateway Parks Daycare, located northwest of the intersection of Gateway Boulevard and F.M. 1641. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Gateway Parks Daycare SP.pdf
  2. Exhibits-Gateway Parks Daycare SP.pdf
7.

Consider approval of a preliminary plat for Gateway Parks Daycare Addition, located northwest of the intersection of Gateway Boulevard and F.M. 1641. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Gateway Parks Daycare PP.pdf
  2. Exhibits-Gateway Parks Daycare PP.pdf
VII.

PUBLIC HEARING ITEMS / ACTION ON PUBLIC HEARING ITEMS

1.

Hold a public hearing and discuss and consider approval of a replat for Mt. Zion Baptist Church, located at 500 Mesquite Street. (Staff/Planning and Zoning Commission recommend approval of the item.)

Documents:
  1. Item Summary-Zion Replat.pdf
  2. Exhibits-Zion Replat.pdf
2.

Hold a public hearing and discuss and consider approval of a replat for the 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 Replat.pdf
  2. Exhibits-Green Pastures Replat.pdf
3.

Hold a public hearing and discuss and consider approval of an Ordinance amending the Comprehensive Zoning Ordinance by establishing zoning regulations for non-veterinarian commercial animal kennels. (Staff/Planning and Zoning Commission recommend approval.)

Documents:
  1. Item Summary-Kennel ZO.pdf
  2. Exhibits-Kennel ZO Ordinance.pdf
4.

Hold a public hearing and discuss and consider approval of an Ordinance approving a conditional use permit for office/warehouse uses to be approved on 11.77 acres of land located on the east side of F.M. 1641. The property is identified as Kaufman County Appraisal District parcels 7794 and 27456. (Planning and Zoning Commission recommends approval of the item)

Documents:
  1. Item Summary-Warehouse CUP.pdf
  2. Exhibits-Warehouse CUP.pdf
5.

Hold a public hearing and discuss and consider approval of an Ordinance rezoning 50.058 acres of land from Commercial District to a Planned Development Overlay District with a base zoning of Commercial District. The property is identified as Kaufman County Appraisal District parcel 7904, located north of E. U.S. Highway 80 and west of Reeder Road. (Planning and Zoning Commission recommends approval of the item.)

Documents:
  1. Item Summary-Forney RG2 PD.pdf
  2. Exhibits-Forney RG2 PD.pdf
VIII.

DISCUSSION / ACTION ITEMS

1.

Remove from the table, discuss and consider action regarding establishing an Industrial Water Rate for the Smurfit Kappa North America Corporation. (Staff has no recommendation on the item).

Documents:
  1. Item Summary - Smurfit Kappa Rate.pdf
2.

Consider approval to retroactively approve the increase in the salary structure of the position of Dispatcher/Telecommunicator of the Forney Police Department. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Communications Section Salary Structure Increase.pdf
  2. Communications Incentive and Step Plan Proposal 2024 (1).pdf
3.

Discuss and consider a Resolution approving the City’s Mission Statement, Vision Statement and Values (SERVE). (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - City Mission Vision Values (SERVE).pdf
  2. Draft Resolution and Exhibit - City Mission Vision Values (SERVE).pdf
4.

Discuss and consider a Resolution awarding a contract for construction services to Home Run Construction, LLC, for the Parks Multi-Purpose Field Project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- CIP 231 Parks Multi Purpose Field Project - Award Construction.pdf
  2. Resolution CIP 231 Parks Multi Purpose Field Project - Award Construction.pdf
  3. 12322.22 FCP Field Improvements - Recommendation Letter (FINAL).pdf
  4. 12322.22 FCP Field Improvements - Bid Tabulation Form Attachment A.pdf
  5. 12322.22 FCP Field Improvements - Bidder Evaluation Scoring Attachment B.pdf
5.

Discuss and consider a Resolution approving an Interlocal Agreement Allocating Extraterritorial Jurisdiction between the City of Mesquite and the City of Forney, providing for the exchange and adjustment of ETJ boundaries of each city. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Resolution approving Interlocal Agreement with City of Mesquite for ETJ Boundary adjustments.pdf
  2. Resolution - Interlocal Agreement with City of Mesquite RE ETJ Boundaries.pdf
  3. Forney-Mesquite Interlocal ETJ Exchange 12.11.2023 with exhibits.pdf
6.

Discuss and consider a Resolution approving the City of Forney Public Improvement District Policy for the creation and management of public improvement districts within the City of Forney. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Resolution approving City of Forney PID Policy.pdf
  2. Resolution - Approving City of Forney PID Policy.pdf
  3. City of Forney PID Policy.pdf
7.

Discuss and consider accepting a petition from Sunbelt Self Storage XIX, Ltd. for release from the City of Forney Extraterritorial Jurisdiction pursuant to Texas Local Government Code Sections 42.101 through 42.105 and receive verification of the petition from the City Secretary for the City of Forney. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Acceptance and Verification of Petition for Release from ETJ - 8078 FM 741.pdf
  2. Petition for Release from ETJ.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.

Consultation 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. Property Tax Bill - Public Improvement Districts
  2. Aqueous Film-Forming Foams Products Liability Litigation
  3. Hotel Occupancy Tax
2.

Deliberate the purchase, exchange, lease, sale, or value of real property and public discussion of such would not be in the best interests of the City’s bargaining position (Tex. Gov’t Code Section 551.072):

  1. Public Rights-of-Way
3.

Deliberate 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 to 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, sale, or value of real property and public discussion of such would not be in the best interests of the City’s bargaining position (Tex. Gov’t Code Section 551.072).

5.

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

  1. City Manager
  2. City Secretary
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 28th day of December 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.