1 2 3 4 5 6 7 9  MINUTES FORNEY CITY COUNCIL Tuesday, September 3, 2024 6:30 p.m. Special Meeting  City Hall Annex/Council Chambers, 101 E. Main Street, Forney, Texas 75126  8 I. - CALLTO ORDER  10 Present were Mayor Jason Roberson, Mayor Pro Tem Cecil Chambers and Council 11 Members: James Traylor, Jay Weatherford, Zahnd Schlensker, Sarah Salgado, Greg Helm. 12 Also present were City Manager Charles Daniels and City Attorney Jon Thatcher. 14 A Moment of Silence was held in Memoriam of Dallas Police Officer Darron Burks who was  13 16 18 20 22 24 25 27 28 30 31  15 killed on duty on Thursday, August 29, 2024.  17 II. INVOCATION AND PLEDGE OF ALLEGIANCE- SARAH SALGADO 19 Council Member Salgado delivered the Invocation and led the Pledge of Allegiance.  21 III. PROCLAMATIONS/PRESENTATIONS 23 1. Recognitions: National Taekwondo Competition  PRESENTED)  26 IV. APPROVAL OF MINUTES  [APPROVED WITH CORRECTIONS) (Staff recommends approval of the item).  29 1. Consider approval oft the Minutes oft the August 20, 2024 (Regular) City Council Meeting. 32 Council Member Weatherford moved to correct the Minutes for Action Item VIIL.1, on Page 5, 33 Lines 209-210, to reflect the item was approved as presented; a copy of Page 5 was placed  34 around the Dais by the City Secretary reflecting the requested change.  35  201 1. Discuss and consider action on a Resolution approving an expenditure under Section 501.073 Texas Local Government Code and an Economic Incentive and Performance Agreement between the Forney Economic Development Corporation and Brunch Room  202 203 205 206 208 211 213 214 NAYS (0): None  204 Bistro. (Staff recommends approval of the item.). [APPROVED; ASSIGNED RESOLUTION NO. 24-58] 207 The item was presented, and no discussion followed.  209 Council Member Traylor moved to deny the item with prejudice approve the item as 210 presented. Mayor Pro Tem Chambers seconded the motion. Motion carried. 212 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford,  Schlensker, Salgado, Helm  36 37  215 NOTVOTINGA AS NOTIE) VOTE (1): Mayor Roberson  38 Council Member Schlensker moved to approve the Minutes with the requested corrections.  39 Council Member Salgado seconded the motion. Motion carried.  City Council Minutes - September 3, 2024  Page 1    40 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford,  41 44 46 48 49 50 51 52 53 55 58 61 63 64 65 66 67 68 69 70 71 72 74 75 76 77 78 80 81 82 84  Schlensker, Salgado, Helm  42 NAYS (0): None  43 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson 45 V. OPEN FORUMICITIZEN COMMENTS 47 The following addressed the City Council:  Mr. Bob Brown  Mr. Scott Collins Ms. Anne Enloe I Ms. Sheila Caguiat  54 VI. CONSENT AGENDA  56 The Consent Agenda, consisting of Items VI.1-4, was presented for consideration. Mayor Pro 59 Council Member Weatherford moved to approve the Consent Agenda, now consisting of 60 Items VI.1-3. Council Member Salgado seconded the motion. Motion carried. 62 1. Consider approval of a Resolution authorizing the city manager to execute a Joint Election  57 Tem Chambers pulled Item 4.4 for individual consideration.  Contract for Joint Election Services with the Kaufman County Elections Administrator for the Special Election being held on November 5, 2024 to allow the qualified voters to consider the creation of the Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax at a rate of 1/4 of 1%, and to maintain the same overall sales tax rate in the City, the reduction of the sales and uset tax currently levied fort the Forney Economic Development Corporation from a rate of 1/2 of 1% to 1/4 of 1%, at an estimated cost of $28,501.63; and providing an  effective date. (Staff recommends approval oft the item.) [APPROVED; ASSIGNED RESOLUTION NO. 24-62]  73 2. Consider a Resolution approving a negotiated settlement between the Atmos Cities  Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2024 Rate Review Mechanism filing, and all related issues. (Staff  recommends approval of the item.)  [APPROVED; ASSIGNED RESOLUTION NO. 24-63]  79 3. Consider approval of the quarterly investment report ending 6/30/24. (Staff recommends  approval of the item.) [APPROVED]  83 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford,  Schlensker, Salgado, Helm  85 NAYS (0): None  86 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson  City Council Minutes - September 3, 2024  Page 2    87 ITEM PULLED FOR INDIVIDUAL CONSIDERATION  88 90 91 92 93 95  89 4. Consider a Resolution approving a professional services agreement with Fitch &  Associates, LLC, for the assessment and review of Emergency Medical Services (EMS) services for the City of Forney, Texas. (Staff recommends approval of the item.)  [APPROVED; ASSIGNED RESOLUTION NO. 24-64]  94 The item was read into the record.  96 Mayor Pro Tem Chambers, having pulled the item for individual consideration, moved to 97 deliberate the item in Executive Session pursuant to Section 551.071 of the Texas 98 Government Code (Consultation with Attorney). Council Member Traylor seconded the 101 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford,  99 motion. Motion carried.  100 102 105 108 111 113 116 118 120 121 122 123 124 125 126 127 129 132 134  Schlensker, Salgado, Helm  103 NAYS (0): None  104 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson 107 item was presented for deliberation/action. 110 Schlensker seconded the motion. Motion carried.  106 Later in the meeting, at 9:08 p.m. following deliberation of the item in Executive Session, the 109 Council Member Weatherford moved to approve the item as presented. Council Member 112 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford,  Schlensker, Salgado, Helm  114 NAYS (0): None  115 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson  117 VII. PUBLIC HEARING TEMS/ACTION ON PUBLIC HEARING ITEMS  119 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.)  [APPROVED; ASSIGNED ORDINANCE NO. 24-40]  128 The item was presented. 131 hearing was closed at 6:58 p.m. 133 No discussion followed.  130 The public hearing was opened at 6:58 p.m.; and with no speakers in the queue, the public  135 Council Member Traylor moved to approve the item as presented. Council Member 136 Schlensker seconded the motion. The Ordinance caption was read as follows:  City Council Minutes - September 3, 2024  Page 3    137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 153 155 158 160 162 163 164 166 168 171 173 176 178 180 182 183 184 186 24-59.  ORDINANCE NO. 24-40  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS APPROVING A SERVICE AND ASSESSMENT PLAN AND AN ASSESSMENT ROLL FOR THE FOX HOLLOW PUBLIC IMPROVEMENT DISTRICT NO. 1; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY WITHIN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT; ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR ASSESSMENTS TO BE PAID IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; SPECIFYING THE METHOD AND THE AMOUNT OF PAYMENT; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN  EFFECTIVE DATE.  152 Motion carried.  154 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado,  Schlensker, Helm  156 NAYS (0): None  157 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson 159 VIII. DISCUSSION/ACTION ITEMS  161 1. Remove from the Table and receive/discuss a presentation of the proposed FY 2024-  2025 Budget.  [REMOVED FROM THE TABLE; PRESENTED; DISCUSSED]  165 The item had been Tabled at the August 20, 2024 City Council Meeting.  167 The item was read into the record.  169 Council Member Schlensker moved to Remove the Item from the Table. Council Member 172 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado,  170 Helm seconded the motion. Motion carried.  Schlensker, Helm  174 NAYS (0): None  175 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson 177 The item was presented and discussion followed.  179 There was no action taken as the item was for presentatondscussion purposes only. 181 2. Remove from the Table and discuss and consider approval of a Resolution calling for a  budget public hearing on September 17, 2024. (Staff recommends approval of the item.) [REMOVED FROM THE TABLE; APPROVED; ASSIGNED RESOLUTION NO. 24-59]  185 The item had been Tabled at the August 20, 2024 City Council Meeting under Resolution No.  City Council Minutes - September 3, 2024  Page 4    187 The item was read into the record.  188 191 193 196 198 201 203 206 208 209 210 211 212 214 24-60. 215 217 220 222 225 227 229 230 231 232 233  189 Mayor Pro Tem Chambers moved to Remove the Item from the Table. Council Member 192 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado,  190 Weatherford seconded the motion. Motion carried.  Schlensker, Helm  194 NAYS (0): None  195 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson 197 The item was presented, and no discussion followed. 200 Schlensker seconded the motion. Motion carried.  199 Mayor Pro Tem Chambers moved to approve the item as presented. Council Member 202 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado,  Schlensker, Helm  204 NAYS (0): None  205 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson  207 3. Remove from the Table and discuss and consider approval of a Resolution to adopt the  2024 tax rate at the September 17, 2024, City Council meeting. (Staff recommends [REMOVED FROM THE TABLE; APPROVED AS AMENDED; ASSIGNED RESOLUTION  approval of the item.) NO.24-60]  213 The item had been Tabled at the August 20, 2024 City Council Meeting under Resolution No.  216 The item was read into the record.  218 Council Member Schlensker moved to Remove the Item from the Table. Council Member 221 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado  219 Salgado seconded the motion. Motion carried.  Schlensker, Helm  223 NAYS (0): None  224 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson 226 The item was presented, and discussion followed.  228 Following discussion, Council Member Salgado moved the following:  Approve the Resolution with an amended proposed tax rate of $0.42, which reflects the no-new revenue rate, and schedule its adoption at the September 17, 2024 City  Council Meeting.  234 Council Member Weatherford seconded the motion. A tie vote resulted as follows:  City Council Minutes - September 3, 2024  Page5    235 AYES (3): Mayor Pro Tem Chambers and Council Members: Weatherford, Salgado 236 NAYS (3): Council Members: Traylor, Schlensker, Helm 237 NOT VOTING ASTIE VOTE NOT ANTICIPATED (1): Mayor Roberson  238 241 243 245 247 248 250 252 254 255 256 257 259  239 As a result of a Tie Vote, Mayor Roberson was required to and cast his voice vote on the 242 AYES (4): Mayor Roberson (Voice Vote), Mayor Pro Tem Chambers and Council Members:  240 motion as indicated below. Therefore, motion carried.  Weatherford, Salgado  244 NAYS (3): Council Members: Traylor, Schlensker, Helm  246 4. Discuss the Forney Soccer Association and Forney Recreational Sports.  PRESENTED; DISCUSSED]  249 The item was presented, and discussion followed.  251 There was no action taken as the item was for presentatondscussion purposes only. 253 5. Discuss and consider board and commission appointment: North Texas Municipal Water  District Board for the Unexpired Term beginning June 1, 2023 and ending May 31, 2025.  (Staff has no recommendation on the item.)  APPOINTMENT MADE]  258 The item was presented.  260 At Staff's request, in order to provide for interview of additional qualified applicants prior to 261 formal action, the item was held to later in the meeting for deliberation under Executive 262 Session Item XI.1 (Gov't Code Section 551.074) as duly posted on the agenda. 264 Later in the meeting, at 9:09 p.m. following deliberation of the item in Executive Session and 265 conduct of the related interviews of qualified candidates, the item was presented for  263  266 deliperation/action.  267 269 271  268 Council Member Traylor nominated Mr. Raymond Stephens. 270 Council Member Schlensker nominated Ms. Cariann Bradford.  272 Based on the order that nominations were received and in order to determine who would be 273 presented for appointment, City Council was asked, by show of hands, to vote on 276 AYES (5): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado,  274 Mr. Raymond Stephens' nomination. Results were as follows:  275 277 280  Helm  278 NAYS (1): Council Member Schlensker 279 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson  281 With the majority of votes cast for Mr. Raymond Stephens, Ms. Cariann Bradford was not  282 presented for a vote.  City Council Minutes - September 3, 2024  Page6    283 Council Member Schlensker moved to appoint Mr. Raymond Stephens to the North Texas 284 Municipal Water District Board [Seat 2), for the Unexpired Term beginning June 1, 2023 and 285 ending May 31, 2025. Council Member Salgado seconded the motion. Motion carried by show 288 AYES (6): Mayor Pro Tem Chambers and Council Members: Traylor, Weatherford, Salgado  286 of hands. 287 289 292 294 295 296 297 298 299 300 301 302 303 304 305 307 309  Schlensker, Helm  290 NAYS (0): None  291 NOT VOTING AS NO TIE VOTE (1): Mayor Roberson  293 IX. CITY MANAGER'S REPORT  Department Reports (Fire, Police, Municipal Court. Finance) Department Reports (Fire, Police, Municipal Court, Finance) Citizen Complaints - Actions taken or to be taken  Upcoming Special Events Personnel Changes Commendations: Park Issues Inspection Issues CIP Projects  Public Works/Street Projects, Repairs or Construction  306 Updates were provided as applicable. No direction provided by City Council. 308 X. ANNOUNCEMENT OF COMMUNITY EVENTS I COUNCIL COMMENTS  310 Announcements were provided by Mayor Roberson and Council Member Schlensker. Mayor 311 Pro Tem Chambers requested Staff report the status of the bridge on a quarterly basis; there  312 was no objection voiced. 314 XI. EXECUTIVE SESSION  313 315 318 320 321 322 323 324 325 327 328 329 330 331 332 333  316 The City Council convened to Executive Session at 8:05 p.m. consistent with Chapter 551 of 317 the Texas Government Code, as amended, or as otherwise allowed by law as follows: 319 1. 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): DELIBERATED)  a. North Texas Municipal Water District Board of Directors (Unexpired Term 2023-2025) settlement offer and/or matters in which the duty oft 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  326 2. Consultation with legal counsel regarding pending or contemplated litigation or a  551.071): DELIBERATED)  a. Informal PUC Complaint - SPAT Forney, LLC2  City Council Minutes - September 3, 2024  Page7    334 3. Deliberate the purchase, exchange, lease, sale, or value of real property and public  335 336 337 338 340 341 342 343 344 345 348 349 350 351 352 353 354 Action Item: 356 357 358 359 360 362 363 364 365 368 370 373 374 375 376 377  discussion ofsuch would not be in the best interests oft the City's bargaining position (Tex.  Gov't Code Section 551.072): DELIBERATED)  339 4. 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).  [DELIBERATED)  346 Consent Item:  347 VI.4 Consider a Resolution approving a professional services agreement with Fitch &  Associates, LLC, for the assessment and review of Emergency Medical Services (EMS) services for the City of Forney, Texas. (Staff recommends approval of the  item.) (Tex. Gov't Code Section 551.071) DELIBERATED)  355 VII.5 Discuss and consider board and commission appointment: North Texas Municipal  Water District Board for the Unexpired Term beginning June 1, 2023 and ending May  31, 2025. (Staff has no recommendation on the item.)  (Tex. Gov't Code Section 551.074) DELIBERATED]  361 XII. REÇONVENE INTO REGULAR SESSION  IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, THE CITY COUNCIL WILL REÇONVENE INTO REGULAR SESSION TO CONSIDER ACTION,  IFANY, ON MATTERS DISCUSSED IN EXECUTIVE SESSION.  366 With the Executive Session concluded, the City Council returned to the Council Chambers  367 and reconvened to Open Session at 9:07 p.m. 369 ACTION RESULTING FROM EXECUTIVE SESSION  371 Consent Item:  372 VI.4 Consider a Resolution approving a professional services agreement with Fitch &  Associates, LLC, for the assessment and review of Emergency Medical Services (EMS) services for the City of Forney, Texas. (Staff recommends approval of the  item.)  See Page 3 for final action on the item.  City Council Minutes - September 3, 2024  Page 8    378 Action Item:  379 VIII.5 Discuss and consider board and commission appointment: North Texas Municipal  380 381 382 383 384 385 XIII. ADJOURNMENT 386 388 XIV. DISCUSSION 389 390 None. 391 392 393 395 396 397 398 399 ATTEST: 400 401 403 Rosa  Water District Board for the Unexpired Term beginning June 1, 2023 and ending May  31, 2025. (Staff has no recommendation on the item.) See Page 6-7 for final action on the item.  387 With no further business, the special meeting was adjourned at 9:11 p.m.  PASSED ANP APPROVED BY THE ÇITY COUNCIL OF THE CITY OF FORNEY,  394 TEXAS, this 1705 day of potinbae  2024.  Jason MhEs Roberson, Mayor E OF FORN  402 cach  Rios, City Secretary  EXAS  City Council Minutes - September 3, 2024  Page 9