City Council Regular Meeting 01/08/2024 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - Pastor Kevin Walkowiak, Seventh-Day Adventist Church

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

    -Receive a report to recognize the selected Employee of the Quarter for the 4th quarter of 2023. (Staff Presenter: Wanda Bullard, Interim Director of Human Resources)

    -Receive a report and hold a discussion regarding a mid-year update for the Mayor's Youth Council. (Staff Presenter: Lisandra Leal, Assistant City Secretary)

  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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.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 December 11, 2023 regular council meeting. (Staff Contact: Amanda Campos, City Secretary)

  2. B.Consider approval of an amendment to the engineering services contract with Teague Nall & Perkins, Inc. for the Alsbury Blvd. at FM 731 (John Jones Dr.) turn lanes and intersection improvements project in the amount of $55,500 for a total contract amount of $239,860. (Staff Contact: Errick Thompson, Director of Public Works & Engineering)

  3. C.Consider approval of a contract with Don Smith Concrete for ITB 2024-001 Oak Valley South Trail in the amount of $114,708. (Staff Contact: Jen Basham, Parks and Recreation Director)

  4. D.Consider approval of a contract with Granicus for video recording and broadcast software and maintenance through a cooperative purchasing agreement with the interlocal purchasing system for three years in the amount of $124,460. (Staff Contact: Hugo Rodriguez, Deputy Director, IT)

  5. E.Consider approval of a minute order appointing new voting members and alternates to the Mayor’s Youth Council. (Staff Contact:  Amanda Campos, City Secretary)

  6. F.ETJ Release Petition for 1201 Caddo Peak Trail (Case 23-389): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 1.216 acres of land addressed as 1201 Caddo Peak Trail. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  7. G.ETJ Release Petition for 846 Alan DR and 7125 CR 803 (Case 23-396): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 23.60 acres of land addressed as 846 Alan DR and 7125 CR 803. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  8. H.ETJ Release Petition for 5614 CR 803 (Case 23-395): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 2.59 acres of land addressed as 5614 CR 803. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  9. I.ETJ Release Petition for 6608 Sundance Circle (Case 23-401): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 7.254 acres of land addressed as 6608 Sundance Circle. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  10. J.ETJ Release Petition for 7137 CR 803 and 2508 Nicole Dr. (Case 23-402): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 13.00 acres of land addressed as 7137 CR 803 and 2508 Nicole Dr. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  11. K.ETJ Release Petition for 1201 Blackhawk Rd. (Case 23-404): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 1.99 acres of land addressed as 1201 Blackhawk Rd. (Staff Contract: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  12. L.ETJ Release Petition for 2408 Conveyor Dr (Case 23-405): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 12.608 acres of land addressed as 2408 Conveyor Dr. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

  13. M.ETJ Release Petition for 10124 CR 1020 (Case 23-403): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 6.00 acres of land addressed as 10124 CR 1020. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

6.DEVELOPMENT APPLICATIONS

  1. A.Lumberyard at 137 S. Wilson Street (Case 23-289): Consider approval of a resolution for a waiver to Article III, Landscape Standards, relating to artificial turf. (Staff Presenter: Tony McIlwain, Development Services Director) 

  2. B.Burleson Retail Summercrest at 700 Wilshire Blvd (Case 23-252): Hold a public hearing and consider approval of a resolution for a commercial site plan with a variance or waiver to Chapter 36, fencing and screening regulations, allowing for an alternative transitional screening material. (Staff Presenter: Tony McIlwain, Development Services Director)

  3. C.Billboard Relocation at 461 E. Renfro Street (Case 23-347): Consider approval of a resolution for variances to Chapter 63, Sign Regulations, relating to the relocation of a non-conforming billboard. (Staff Presenter: Tony McIlwain, Development Services Director) 

7.GENERAL

  1. A.Consider approval of a contract with LandDesign, Inc. for site planning the west end property project in the amount of $250,000. (Staff Presenter: Jen Basham, Director of Parks and Recreation)

  2. B.Consider approval of a resolution authorizing a right-of-way use agreement for a metal awning and posts over an existing outdoor seating patio at 133 S. Wilson Street, Spice Rack Bar & Grill.  (Staff Presenter: Tony McIlwain, Development Services Director)

  3. C.Consider approval of an ordinance amending the City's fee schedule ordinance for Fiscal Year 2023-24 (CSO#5218-09-2023) by adding and amending fees associated with the Burleson Recreation Center (BRiCK), Russell Farm, and other City athletics fees.  (First Reading) (Staff Presenter: Jen Basham, Director of Parks and Recreation)

  4. D.Consider approval of a resolution amending the Emergency Medical and Ambulance Services Billing Policy (CSO#5191-08-2023). (Staff Presenter: Casey Davis, Assistant Fire Chief)

  5. E.Consider approval of an ordinance amending the City’s fee schedule ordinance for Fiscal Year 2023-24 (CSO#5218-09-2023) by adding fees associated with emergency medical and ambulance services. (First Reading) (Staff Presenter: Casey Davis, Assistant Fire Chief) 

  6. F.Consider approval of an ordinance amending the annual City budget for Fiscal Year 2023-24 (CSO#5214-09-2023) by increasing appropriations to various funds for rolling forward encumbrances from the prior year to accommodate current purchase orders. (First and Final Readling) (Staff Presenter: Harlan Jefferson, Deputy City Manager)

8.REPORTS AND PRESENTATIONS

  1. A.Receive a report, hold a discussion and provide staff feedback regarding the redesign of the BRiCk lobby. (Staff Presenter: Jen Basham, Director of Parks and Recreation)

  2. B.Receive a report, hold a discussion, and provide feedback on the May 2024 General Election for Council Places 1, 3, and 5. (Staff Presenter: Amanda Campos, City Secretary)

  3. C.Receive a report, hold a discussion and provide staff direction regarding an update to the city’s zoning ordinance in anticipation of an approval of a local option election for liquor sales. (Staff Presenter: Tony McIlwain, Development Services Director)

  4. D.Receive a report, hold a discussion, and provide staff direction on City Council Policy #39 City Council Technology Allowance Policy. (Staff Presenter: Amanda Campos, City Secretary)

9.CITY COUNCIL REQUESTS AND FUTURE AGENDA ITEMS AND REPORTS

10.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.

  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 Subchapter D of Chapter 42 of the Local Government Code and existing development agreements 

-Receive a report and hold a discussion regarding the laws surrounding long term rental registration programs, including Subchapter A of Chapter 214 of the Local Government Code

-Receive a report and hold a discussion regarding City liability under the Texas Tort Claims Act for City parks and recreational areas

-Receive a report and hold a discussion regarding the petition and election process under Chapter 501 of the Texas Election Code

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

CERTIFICATE

I hereby certify that the above agenda was posted on this the 3rd of January 2024, by 5:30 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.