AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, February 6, 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 – COUNCIL MEMBER CECIL CHAMBERS

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Presentation: City of Forney Film Friendly Designation

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the January 2, 2024 (Regular) and January 23, 2024 (Special) City Council Meetings. (Staff recommends approval of the item).

Documents:
  1. 01-02-2024 Minutes - Draft.pdf
  2. 01-23-2024 Minutes - 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 of the City of Forney ordering a General Election for Places 1, 3, and 5 to be held on May 4, 2024, and, if required, a runoff election to be held on June 15, 2024; prescribing the time, manner, and conduct of the election in accordance with a Joint Election Contract for Joint Election Services with the Elections Administrator of Kaufman County; and providing an effective date. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Ordering May 4, 2023 General Election.pdf
  2. Draft Resolution and Exhibits - Ordering May 4, 2023 General Election.pdf
2.

Consider approval of the acceptance of public improvements for the South FM 548 Retail Project (Staff recommends approval of the item.)

Documents:
  1. Item Summary - South FM 548 Retail.pdf
  2. City of Forney Acceptance Letter - South FM 548 Retail.pdf
3.

Consider a Resolution approving an agreement with Lee Engineering to evaluate roundabout signs and markings for Gateway Boulevard and Reeder Road. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Lee Engineering Roundabout Evaulation.pdf
  2. Resolution - Professional Services Agreement Lee Engineering.pdf
  3. Standard Engineering Agreement - Lee Engineering Roundabout Evaulation.pdf
4.

Consider a Resolution approving an Easement Purchase Agreement for the construction of additional sanitary sewer service facilities. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- Property ID 7793 Sewer Easement Agreement.pdf
  2. Resolution - Easement Purchase Agreement Property ID 7793.pdf
  3. Sewer Easement Agreement - Property ID 7793 4861 2844 0726.pdf
5.

Consider a Resolution approving an Encroachment License Agreement for future improvements within a sanitary sewer easement on a tract of property in the City of Forney also known as KCAD Property ID No. 7793. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- Property ID 7793 Encroachment License Agreement.pdf
  2. Resolution - Encroachment License Agreement.pdf
  3. Encroachment Agreement Template 4871 5536 5274 updated.pdf
VII.

DISCUSSION / ACTION ITEMS

1.

Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and an Amended Performance Agreement between the Forney Economic Development Corporation and Slicks Entertainment, LLC. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Resolution approving EDC Performance Agreement - Slicks Entertainment.pdf
2.

Discuss and consider authorizing staff to receive proposals for fertilization/ant control/ herbicide and pesticide removal at City Parks. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- Parks Fertilization and Ant-Control Application 2024.pdf
  2. RFP 2024-004 - Parks Fertilization and Ant-Control Application.pdf
3.

Discuss and consider approval of a Resolution approving an amendment to the development agreement between the City of Forney and Bellagio Laguna Azure LLC. (Staff recommends approval of the item.)

Documents:
  1. Item Summary-Bellagio Amendment.pdf
  2. Exhibits-Bellagio Amendment.pdf
4.

Discuss and consider waiving the one-year waiting period, following the denial of a zoning application from Forney RG2 Development Partners for property located north of Highway 80 and west of Reeder Road, KCAD Property ID No. 7904, before the submission of a new zoning application can be accepted, pursuant to Section 10.7 B.2.a. of the City of Forney Zoning Ordinance. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary - Waive One Year Waiting Period - RG2.pdf
5.

Discuss and consider possible action on Article 3.09 of the City of Forney Code of Ordinances, "Multi-Family and Single-Family Rental Property Registration and Inspection," and all related issues. (Staff has no recommendation on the item.)

Documents:
  1. Rental Registration Ordinance.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 a security audit or the deployment or specific occasions for implementation of security personnel or devices (Tex. Gov't Code 551.076)

2.

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
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 February 2024, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.