City Council Regular Meeting 09/23/2024 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - Gregory Rummelt, SMU Senior with a Bachelor of Arts in Theology and Ministry, and Seminary at Turning Point Church, Burleson.

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

   -A Proclamation recognizing The City of Burleson and Keep Burleson Beautiful as the winner of the fourth annual "North Texas Community Cleanup Challenge" and the winner of the "2024 Mayor's Challenge."  (Recipient: Jen Basham, Director of Parks and Recreation)

2. B.Presentations

   - Recognize Mayor for a Day "Kenzie Stepan".

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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance. Items to be added to the Consent Agenda require an official vote by the City Council.

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 approval of the minutes from the September 9, 2024 regular council meeting. (Staff contact: Amanda Campos, City Secretary)

2. B.Consider approval of a contract with Jeff Eubank Roofing Co., Inc. through a cooperative purchasing agreement with Tarrant County, Texas for roof replacement at Fire Station 3 in the amount of $62,220. (Staff Contact: Justin Scharnhorst, Deputy Director of Public Works)

3. C.Consider approval to renew contract CSO#5057-04-2023 (10230024) with Ambassador Services, LLC. exercising the first of two remaining renewals for janitorial services in the amount of $222,300. (Staff Contact: Justin Scharnhorst, Deputy Director of Public Works)

4. D.Consider approval of an ordinance of the 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; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attachment establishing a benchmark for pensions and retiree medical benefits; requiring the company to reimburse ACSCs reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this ordinance to the company and the ACSC’s legal counsel. (Final Reading) (Staff Contact: Matt Ribitzki, Sr. Deputy City Attorney/Director of Legal Services) 

5. E.Consider approval of a resolution ratifying the actions of the Burleson 4A Economic Development Corporation’s actions on September 23, 2024 authorizing a land purchase contract with Burleson Highpoint Investments, LLC for a 10-acre tract located in Highpoint Business Park on Vantage Drive near FM 917. (Staff Contact: Alex Philips, Economic Development Director)

6. F.Consider approval of a resolution ratifying the 4A Economic Development Board's action taken on the Performance Agreement between The Burleson 4A Economic Development Corporation and the Bethany Special Utility District for infrastructure to support industrial development in the City of Burleson, Texas. (Staff Contact: Alex Philips, Economic Development)

7. G.Consider approval of a Cooperative Purchase Agreement for the purchase of products and services from Amazon Marketplace through the cooperative contract with Choice Partners in the amount of $175,000.00 for the fiscal year 2024-2025. (Staff Contact: Richard Abernethy, Director of Administrative Services)

8. H.Consider approval of a minute order authorizing the purchase and installation of guardrail along S. Dobson Street through a cooperative purchasing agreement with Tarrant County, Texas and Vann Elli, Inc. in the amount of $15,325, in accordance with Council Policy 17. (Staff Contact: Justin Scharnhorst, Deputy Director of Public Works)

9. I.Consider approval of a minute order authorizing the replacement and framing of the restroom doors at Warren Park, replacing the existing wrought iron gates, including the installation of magnetic locks, in the amount of $9,400, in accordance with Council Policy 17. (Staff Contact: Jen Basham, Director of Parks and Recreation)

10. J.Consider approval of a Resolution ratifying appointment of  Place 2 on the Boren Property Advisory Council. (Staff Contact: Amanda Campos, City Secretary)

11. K.ETJ Release Petition for 6424 Rough RD (Case 24-248): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 9.997 acres of land addressed as 6424 Rough RD. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

6.DEVELOPMENT APPLICATIONS

1. A.201 S Hurst (Case 24-207): Hold a public hearing and consider approval of an ordinance for a zoning change request from  “SF10” Single-family dwelling district 10 and “A” Agricultural to “PD”, Planned Development to allow for an existing school (Centennial High School) and the colocation of an antenna on a stadium light pole. (First & Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval unanimously)

2. B.216 W Eldred Street (Case 24-210): Hold a public hearing and consider an ordinance for a zoning change request from “SF7” Single-family dwelling district-7 to “CC” Central Commercial district for all of Lot 6, Block 30; Original Town of Burleson Addition.  (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval unanimously)

7.GENERAL

1. A.Consider approval of a release agreement with Paymentus Solutions for Utility Billing credit card payments.  (Staff Contact: Richard Abernethy, Director of Administrative Services)

2. B.Hold a public hearing and consider approval of a resolution adopting the guidelines and criteria for the Economic Development incentives program. (Staff Contact: Alex Philips, Economic Development Director)

3. C.Consider approval of the Second Amendment to the 380 and Development Agreement for Public and Private Improvements in the Reinvestment Zone Number Two (CSO#542-11-2016), City of Burleson Between the City of Burleson and Realty Capital Management, LLC. (Staff Contact: Alex Philips, Economic Development Director)

4. D.Consider approval of a Playground Equipment Removal and Indemnification Agreement with Kids Around The World, Inc. for the donation, disassembly, and removal of end-of-life playground equipment at no cost to the City. (Staff Contact: Jen Basham, Director of Parks and Recreation)

5. E.Consider approval of a minute order appointing members to the City of Burleson boards, commissions, and committees for 2024 – 2027 terms and filling vacancies. (Staff Presenter: Lisandra Leal, Assistant City Secretary)

6. F.Consider approval of a resolution casting the City of Burleson's vote for Texas Municipal League Region 8 Director. (Staff Contact: Amanda Campos, City Secretary)

7. G.Consider approval of a resolution nominating candidates for the election of members to the Tarrant County Central Appraisal District Board of Directors. (Staff Contact: Janalea Hembree, Assistant to the City Manager)

8. H.Consider approval of a resolution nominating candidates for the election of members to the Board of Directors for the Central Appraisal District of Johnson County. (Staff Contact: Janalea Hembree, Assistant to the City Manager)

8.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and provide staff feedback regarding the capital improvement program. (Staff Contact: Eric Oscarson, Deputy City Manager)

2. B.Receive a report, hold a discussion, and provide direction regarding the Pavement Management Program and Pavement Maintenance Scenarios. (Staff Contact: Janalea Hembree, Assistant to the City Manager)

9.LEGISLATIVE - REPORTS AND RELATED ACTION ITEMS

This is a standing item on the agenda of every regular meeting of the City Council that allows the City Council to receive reports, hold discussions, and give staff direction regarding any legislative matters pertaining to the 89th Texas legislative session. Additional action items may be specifically listed below when required.

10.CITY COUNCIL REQUESTS AND 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.

1. 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 Demetria Joyce Wiley v. Brandon Phillip Heard and City of Burleson, Cause No. DC-C202400602, 249^th District Cout, Johnson County, Texas

-Receive a report and hold a discussion regarding street maintenance fees and Picket v. City of El Paso, Cause No. 2020DCV3514, 384^th District Court, El Paso County, Texas

-Receive a report and hold a discussion regarding facility conditions at 828 SW Alsbury Blvd in Burleson, Johnson County, Texas

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

-Receive a report and hold a discussion on a certain tract or parcel of real property in Tarrant County, Texas for municipal purposes where deliberation in open session would have a detrimental effect on the position of negotiations with third parties

3. 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

12.ADJOURN

CERTIFICATE

I hereby certify that the above agenda was posted on this the 18th of September 2024, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.