City Council Regular Meeting 07/21/2025 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - Mayor Chris Fletcher

Pledge of Allegiance to the US Flag

Texas Pledge:
Honor the Texas Flag, I pledge allegiance to thee, Texas, one state under God; one and indivisible

2.PUBLIC PRESENTATIONS

1. A.Proclamations

2. B.Presentations

   -Adoptable Shelter Pet. (Staff Contact: DeAnna Phillips, Director of Community Services)

   -Receive a report to recognize the communications and police departments for state-wide marketing awards. (Staff Contact: DeAnna Phillips, Director of Community Services)

3. C.Community Interest Items
   This is a standing item on the agenda of every regular meeting of the City Council. An “item of community interest” includes the following:

   -Expression of thanks, congratulations, or condolence;
   -Information regarding holiday schedules;
   -Honorary recognitions of city officials, employees, or other citizens;
   -Reminders about upcoming events sponsored by the city or other entity that is scheduled
    to be attended by city official or city employee; and
   -Announcements involving imminent public health and safety threats to the city. 

3.CHANGES TO POSTED AGENDA

1. A.Items to be continued or withdrawn.

2. B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.

4.CITIZENS APPEARANCES

Each person in attendance who desires to speak to the City Council on an item NOT posted on the agenda, shall speak during this section. 

A speaker card must be filled out and turned in to the City Secretary prior to addressing the City Council. Each speaker will be allowed three (3) minutes.

Please note that City Council may only take action on items posted on the agenda. The Texas Open Meetings Act prohibits the City Council from deliberating or taking action on an item not listed on the agenda. City Council may, however, receive your comments on the unlisted item, ask clarifying questions, respond with facts, and explain policy.

Each person in attendance who desires to speak to the City Council on an item posted on the agenda, shall speak when the item is called forward for consideration.

5.CONSENT AGENDA

All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.

1. A.Consider and take possible action on the minutes from the June 16, 2025 regular council meeting. (Staff Contact: Monica Solko, Deputy City Secretary)

2. B.Consider and take possible action on minute order ratifying the Burleson 4A Corporation Board Resolution approving a real estate contract for the purchase of real property located at 114 West Ellison Street, Burleson, Texas in response of the bid acceptance to RFP 2025-003 in the amount of $1.1 million dollars. (Staff Contact: Alex Philips, Director of Economic Development)

3. C.Consider and take possible action on a minute order ratifying the Economic Development Corporation 4A on a resolution updating the approved budget for Fiscal Year 2024-2025 (Resolution #4A06162025AmendAnnualBudget). (Staff Contact: Kevin Hennessey, Interim Director of Finance)

4. D.Consider and take possible action on a minute order ratifying the Community Service Development Corporation 4B on a resolution updating the approved budget for Fiscal Year 2024-2025 (Resolution #4B06162025AmendAnnualBudget). (Staff Contact: Kevin Hennessey, Interim Director of Finance)

5. E.Consider and take possible action on a Local Transportation Project Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for the review of a traffic engineering study for the Lakewood Drive Extension project. (Staff Contact: Michelle McCullough, Deputy Director/City Engineer)

6. F.Consider and take possible action on an Encroachment on Easement agreement with Oncor Electric Delivery Company, LLC (Oncor) for public improvements within the Mountain Valley, Tract B residential development. (Staff Contact: Michelle McCullough, Deputy Director/City Engineer)

7. G.Consider and take possible action on the First Amendment to the Professional Services Agreement (CSO#5065-04-2023) with Stantec Consulting Services Inc. for the Town Creek Basin Parallel Sewer Interceptor Project in the amount of $143,540.00, for a total contract amount of $2,462,476.31. (Staff Contact: Randy Morrison, PE, Director of Capital Engineering)

8. H.Consider and take possible action on a Professional Services Agreement with Stantec Consulting Services, Inc., for the design of the Village Creek Basin 12-inch Wastewater Replacement Project in the amount of $239,842. (Staff Contact: Randy Morrison, PE, Director of Capital Engineering)

9. I.Consider and take possible action on a Second Amendment to the 380 and Development Agreement for Public and Private Improvements in the Reinvestment Zone Number Two, City of Burleson Between the City of Burleson and Depot on Main Holdings, LLC (CSO#543-11-2016). (Staff Contact: Alex Philips, Economic Development Director)

10. J.Consider and take possible action on a Public Access and Trail Easement between Depot on Main Holdings, LLC and The City of Burleson for the public access and maintenance of improvements related to the Depot on Main development at 125 N Main Street. (Staff Contact: Alex Philips, Economic Development Director)

11. K.Consider and take possible action on a resolution supporting entering into the First Amendment to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for Local Government Maintenance of Railroad Pavement Markings and Signs (Off-System) and authorize the City Manager to sign on behalf of the City. (Staff Contact: Randy Morrison, PE, Director of Capital Engineering)

12. L.Consider and take possible action on a resolution authorizing a supplemental agreement to the multiple use agreement with the Texas Department of Transportation (TXDOT) allowing for the installation of two additional Flock Automatic License Plater Readers within TXDOT right-of-way. (Staff Contact: Billy J. Cordell, Chief of Police)

13. M.Consider and take possible action on a Cooperative Purchasing Agreement with Holt Caterpillar through the Sourcewell Cooperative (Contract # 020223) for purchase of a backhoe loader and mini-excavator in the amount of $282,795. (Staff Contact: Errick Thompson, Director of Public Works)

14. N.Consider and take possible action on a Cooperative Purchasing Agreement with Sames Auto Group through the TIPS Cooperative (Contract # 240901) for purchase of four (4) replacement vehicles in the amount of $339,517. (Staff Contact: Errick Thompson, Director of Public Works)

15. O.Consider and take possible action on a Cooperative Purchasing Agreement with Rush Truck Centers through the BuyBoard Cooperative (Contract #724-23 and #723-23) for purchase of 11 replacement vehicles in the amount of $798,943.95. (Staff Contact: Errick Thompson, Director of Public Works)

16. P.Consider and take possible action on a Cooperative Purchasing Agreement with TYMCO, Inc. through the HGACBuy Cooperative (Contract # SW04-20) for purchase of a street sweeper replacement in the amount of $344,575. (Staff Contact: Errick Thompson, Director of Public Works)

17. Q.Consider and take possible action on a Cooperative Purchasing Agreement with Bobcat of North Texas through the Sourcewell Cooperative (Contract # 020223-CEC) for purchase of a compact excavator in the amount of $118,627.42. (Staff Contact: Errick Thompson, Director of Public Works)

18. R.Consider and take possible action on a Cooperative Purchasing Agreement with Bane Machinery DBA Tiger Corporation, Inc. through the BuyBoard Cooperative (Contract # 706-23) for purchase of a boom mower in the amount of $189,099.10. (Staff Contact: Errick Thompson, Director of Public Works)

19. S.Consider and take possible action on a resolution suspending the July 31, 2025, effective date of Oncor Electric Delivery Company’s requested rate change to permit time to study the request and establish reasonable rates, and approving cooperation with the Steering Committee of Cities Served by Oncor to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals.  (Staff Contact: Matt Ribitzki, Sr. Deputy City Attorney/Legal Services Director)

20. T.Consider and take possible action on a fixed property damage release with Joe Moseley and Progressive County Mutual Insurance Company in Progressive Claim No. 24-5382853. (Staff Contact: Matt Ribitzki, Sr. Deputy City Attorney/Legal Services Director)

21. U.Consider and take possible action on an ordinance approving a real estate contract for the purchase of real property located at 114 West Ellison Street, Burleson, Texas in response of the bid acceptance to RFP 2025-003 in the amount of $1.1 million dollars. (First Reading) (Staff Contact: Alex Philips, Director of Economic Development)

6.ETJ RELEASE

1. A.ETJ Release Petition for 1700 Tarver RD (Case 25-176): Consider and take possible action on a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 27 acres of land addressed as 1700 Tarver RD. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

7.DEVELOPMENT APPLICATIONS

1. A.1679 SW Wilshire (Case 25-128): Hold a public hearing and consider and take possible action on a zoning ordinance change request from “GR, General Retail”, to “GR, General Retail” with a Specific Use Permit for a Liquor Store”. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval 7-0)

2. B.The Phobia Project at 138 N. Wilson Street, Ste. A (Case 25-145): Hold a public hearing and consider and take possible action on a zoning ordinance change request from “C” Commercial, to "C" Commercial with a Specific Use Permit for indoor commercial amusement as an escape room. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval 7-0)

8.GENERAL

1. A.Hold a public hearing and consider an ordinance renaming a portion of CR 1016, between CR 1016B and CR 914, to Chisholm Summit Boulevard. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director

2. B.Hold a public hearing and consider an ordinance renaming that portion of CR 914, located between CR 1020 and CR 1016, to Lakewood Drive and designating the roadway extension from CR 1016 to FM 1902, as Lakewood Drive. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director)

3. C.Consider the use of eminent domain to condemn property and consider Resolution No. CSO # 5842-07-2025 authorizing the filing of eminent domain proceedings for the purpose of obtaining the necessary real property for drainage and roadway improvements as part of the Hooper Business Park drainage improvements and realignment of County Road 1019 project, to serve existing and new development in the City.  (Staff Contact: Michelle McCullough, Deputy Director/City Engineer)

4. D.Consider and take possible action on an ordinance establishing a 30 mile per hour speed limit along  CR 914 between CR 1021 and 155 feet north of CR 914A; directing the City Manager or designee to erect the appropriate signage; incorporating the recitals into the body of the ordinance; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing a cumulative clause, a severability clause, a savings clause, a penalty clause, and an effective date. (First and Final Reading) (Staff Contact: Errick Thompson, Director of Public Works)

5. E.Consider and take possible action on an ordinance establishing a 30 mile per hour speed limit along the city portions of CR 714 between FM 731 and Hidden Creek Parkway; directing the City Manager or designee to erect the appropriate signage; incorporating the recitals into the body of the ordinance; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing a cumulative clause, a severability clause, a savings clause, a penalty clause, and an effective date. (First and Final Reading) (Staff Contact: Errick Thompson, Director of Public Works)

6. F.Consider approval of ordinance amending the City budget (CSO#5560-09-2024) for Fiscal Year 2024-2025 by increasing appropriations to various funds to accommodate operating and capital needs; and find time is of the essence. (First and Final Reading) (Staff Contact: Kevin Hennessey, Interim Director of Finance)

9.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and provide staff direction regarding the Wicker Hill Road and Greenridge Drive Improvements. (Staff Contact: Randy Morrison, PE, Director of Capital Engineering)

2. B.Receive a report, hold a discussion, and provide staff direction on updates identified for the 2025-2026 fiscal year employee handbook. (Staff Contact: Cheryl Marthiljohni, Director of Human Resources)

3. C.Receive a report, hold a discussion, and provide staff direction on the proposed fee changes for the FY25-26 budget. (Staff Contact: Dylan Whitehead, Deputy Director of Development Services / Building Official)

4. D.Receive a report, hold a discussion, and provide staff direction on Fire Billing Services. (Staff Contact: Casey Davis, Fire Chief)

5. E.Receive a report, hold a discussion, and provide staff direction on the FY 2025-2026 budget supplemental requests, five-year fund forecast, and receive additional direction from City Council regarding the annual budget for fiscal year 2025-2026. (Staff Contact: Tommy Ludwig, City Manager)

6. F.Receive a report, hold a discussion, and give staff direction on amendments to Council Policy #40 and various chapters in the Code of Ordinances concerning boards, commissions, and committees. (Staff Contact: Amanda Campos, City Secretary)

10.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS AND REPORTS

11.RECESS INTO EXECUTIVE SESSION

In accordance with Chapter 551 of the Texas Government Code, the City Council may convene in Executive Session in the City Council Workroom in City Hall to conduct a closed meeting to discuss any item listed on this Agenda. The City Council may reconvene into open session and take action on posted items.

Pending or contemplated litigation or to seek the advice of the City Attorney pursuant to Section 551.071, Texas Government Code

-Receive a report and hold a discussion regarding the Americans with Disabilities Act and the City’s facilities, programs, and services  

-Receive a report and hold a discussion regarding the contract with the Burleson Independent Soccer Association for the operation of soccer leagues and tournaments at Bartlett Park

-Receive a report and hold a discussion regarding the contract with the Burleson Youth Association for the operation of baseball leagues and tournaments at Chisenhall Park

-Negotiations and potential eminent domain action for the acquisition of real property for the construction and maintenance of drainage and roadway improvements as part of the Hooper Business Park Drainage Improvements and Realignment of County Road 1019 Project to serve existing and new development in the City and for other public purposes permitted by law

Discussion regarding possible purchase, exchange, lease, or value of real property pursuant to Section 551.072, Texas Government Code

-Real property commonly known as the West Building, 114 W Ellison St and 101 S Wilson St in Burleson, Johnson County, Texas

-Real property commonly known as 112 SE Gardens Blvd in Burleson, Johnson County, Texas, being approximately 2.45 acres of undeveloped land near the intersection of SW Johnson Ave and SE Gardens Blvd  

-Deliberation regarding the purchase, exchange, lease, or value of real property to be acquired for the construction and maintenance of drainage and roadway improvements as part of the Hooper Business Park Drainage Improvements and Realignment of County Road 1019 Project to serve existing and new development in the City

Deliberation regarding commercial or financial information received from or the offer of a financial or other incentive made to a business prospect seeking to locate, stay or expand in or near the territory of the City and with which the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code

-Project Bonus

-Project Boost

12.ADJOURN

CERTIFICATE

I hereby certify that the above agenda was posted on this the 15th of July 2025, by 5:30 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.