City Council Regular Meeting 04/21/2025 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - Anthony Penick, Chaplain, Texas Health Huguley Hospital

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 April 20-April 26, 2025 as "National Volunteer Week" in the City of Burleson (Recipient: Parks and Recreation Department and Volunteers)

   -A Proclamation recognizing April 25, 2025 as "National Arbor Day" in the City of Burleson (Recipient: Parks and Recreation Department)

2. B.Presentations

   -Adoptable Shelter Pet (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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.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 April 7, 2025 regular council meeting.  (Staff contact: Monica Solko, Deputy City Secretary)

2. B.Consider and take possible action on a contract with Tex-Star Underground, LLC for construction services on the Bluebird Meadows Drainage Improvements ITB 2025-009 in the amount of $108,625, with a project contingency of $10,862.50, for a total amount of $119,487.50 (Project DR2302). (Staff Contact: Randy Morrison, PE, Director of Capital Engineering)

3. C.Consider and take possible action on an ordinance appointing Cass Callaway for a two-year term ending May 15, 2027 to serve as Associate Judge for the City of Burleson. (First Reading). (Staff Contact: Monica Solko, Deputy City Secretary).

4. D.Consider and take possible action on a resolution authorizing an 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)

5. E.Consider and take possible action on an ordinance amendment to  CSO #5565-09-2024 Fee Schedule relative to on-site sewage facility systems. (Final Reading) (Staff Contact: Lisa Duello, Deputy Director of Development Services)

6. F.Consider and take possible action on a minute order ratifying the 4A Economic Development Board’s action on a first amendment and restatement of the Chapter 380 and economic development and performance agreement (CSO#1775-06-2021) for Chisholm Summit between the City of Burleson, the Burleson 4A Economic Development Corporation and the developer. (Staff Contact: Eric Oscarson, Deputy City Manager)

7. G.Consider and take possible action on a minute order ratifying the 4A Economic Development Board’s action on a resolution recommending a contract with Land Design Inc for the design of Type A Corporation property and phase I of the community park in the amount of $320,000 with a contingency of $32,000. (Staff Contact: Jen Basham, Director of Parks and Recreation)

8. H.Consider and take possible action on a minute order ratifying the 4B Community Service Development Board’s action on a resolution recommending a contract with Land Design, Inc. for the design of phase I of the community park in the amount of $320,000 with a contingency of $32,000. (Staff Contact: Jen Basham, Director of Parks and Recreation)

9. I.Consider and take possible action on a sole source contract with Splashtacular to replace the stair structure and slide at the Indoor Pool in the amount of of $295,000. (Staff Contact: Jen Basham, Director of Parks and Recreation) 

10. J.ETJ Release Petition for 900 S Briaroaks RD (Case 25-088): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 8.52 acres of land addressed as 900 S Briaroaks RD. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

11. K.ETJ Release Petition for 1700 Tarver RD (Case 25-090): Consider denial of 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)

6.DEVELOPMENT APPLICATIONS

1. A.Chick-fil-A at 111 NW John Jones (Case 25-036): Consider and take possible action on a resolution for a commercial site plan amendment with a variance to Section 132-115; Accessory building and structure yard regulations; pertaining to drive-thru canopies. (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval 8-1)

2. B.4051 Vantage Drive (Case 25-038): Hold a public hearing and consider and take possible action on a resolution for a waiver to the Subdivision and Development Ordinance, Appendix A, Section 7.5 (d). (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval unanimously)

3. C.440 NW John Jones (Case 25-048): Hold a public hearing and consider and take possible action on a zoning ordinance change request from “SF7, Single-family district-7”, to “GR, General Retail”. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval unanimously)

7.GENERAL

1. A.Consider and take possible action on a first amendment and restatement of the Chapter 380 and economic development and performance agreement (CSO#1775-06-2021) for Chisholm Summit between the City of Burleson, the Burleson 4A Economic Development Corporation and the developer. (Staff Contact: Eric Oscarson, Deputy City Manager)

2. B.Consider and take possible action on a contract with Land Design for the design of phase I of the community park in the amount of $320,000 with a contingency of $32,000. (Staff Contact: Jen Basham, Director of Parks and Recreation)

3. C.Consider and take possible action on a contract with Anderson Asphalt and Paving for asphalt mill & overlay and stabilization on miscellaneous streets through ITB 2025-007 in the amount of $978,905. (Staff Contact: Justin Scharnhorst, Deputy Director of Public Works)

4. D.Consider and take possible action on a sole source contract with Donelson Construction Co., LLC for the installation of Pressure Pave - modified aggregate quick set system to various city streets in the amount of $628,203. (Staff Contact: Justin Scharnhorst, Deputy Director of Public Works)

8.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and provide staff direction on the Dobson Street Safety Study. (Staff Contact: Michelle McCullough, Development Services Deputy Director/City Engineer)

2. B.Receive a report, hold a discussion, and provide staff direction regarding Council and Staff Meeting with Central Appraisal District of Johnson County. (Staff Contact: Gloria Platt, Director of Finance)

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 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.

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 concerning ordinance violations present on real property commonly known as 393 S Warren in Burleson, Johnson County, Texas, and potential legal remedies 

-Receive a report and hold a discussion concerning the city’s ability to regulate the application of biosolids to real property in the city limits

-Receive a report and hold a discussion concerning utilizing a development agreement for the extension of the sanitary sewer system in and around County Road 1020 and the Prairie Timbers subdivision in Johnson County, Texas

-Receive a report and hold a discussion regarding an interlocal agreement with the Burleson Independent School District (CSO#5618-10-2024)

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

-Certain parcels of real property necessary for drainage and water detention on and around County Road 1019 near its intersection with FM 1902 in Johnson County, Texas where deliberation in open session would have a detrimental effect on the position of negotiations with third parties

-Certain parcels of real property necessary for the extension of the sanitary sewer system in and around County Road 1020 and the Prairie Timbers subdivision in Johnson County, Texas 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

-Project Broaden

 

12.ADJOURN

CERTIFICATE

I hereby certify that the above agenda was posted on this the 16th of April 2025, by 6:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.