City Council Regular Meeting 03/04/2024 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - Ron Williams, Pastor of Faith to Faith Ministries, 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 "Procurement Professionals' Day" on March 13, 2024. (Recipient: Richard Abernathy, Director of Administrative Services)

2. B.Presentations

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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.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 February 13, 2024 special council meeting, February 20, 2024 regular council meeting and February 23, 2024 special council meeting. (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo 03.04.pdf (0.05 MB)
• Exhibit 2 - Draft Minutes 2024-02-13 Special.pdf (0.08 MB)
• Exhibit 3 - Draft Minutes 2024-02-20.pdf (0.08 MB)
• Exhibit 4 - Draft Minutes 2024-02-23 Special.pdf (0.06 MB)

2. B.Consider approval of change order for professional services with Brinkley Sargent Wiginton Architects for City Hall Renovations in the amount of $92,661.86. (Staff Contact: Eric Oscarson, Deputy City Manager)

• Exhibit 1-Department Memo.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation.pdf (2.61 MB)
• Exhibit 3 - Contract.pdf (6.13 MB)
• Exhibit 4 - Change Order - CH.pdf (0.16 MB)
• Exhibit 5 - 1295.pdf (0.06 MB)

3. C.Consider approval of a facility use agreement with Burleson Farmer’s Market for the use of the Mayor Vera Calvin Plaza in Old Town for the upcoming season. (Staff Contact: Joni Van Noy, Economic Development Coordinator)

• Exhibit 1- Department Memo.pdf (0.05 MB)
• Exhibit 2- Staff Presentation.pdf (1.56 MB)
• Exhibit 3-Facility Use Agreement.pdf (1.31 MB)

4. D.ETJ Release Petition for 1709 CR 807 (Case 24-033): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 14 acres of land addressed as 1709 CR 807. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case 24-033).pdf (0.05 MB)
• Exhibit 2 - Location Map (Case 24-033).pdf (2.51 MB)
• Exhibit 3 - Petition (Case 24-033).pdf (0.45 MB)

5. E.ETJ Release Petition for 102 Black Jack Ln (Case 24-054): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 0.8584 acres of land addressed as 102 Black Jack Ln. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case 24-054).pdf (0.07 MB)
• Exhibit 2 - Location Map (Case 24-054).pdf (3.03 MB)
• Exhibit 3 - Petition (Case 24-054).pdf (0.27 MB)

6.DEVELOPMENT APPLICATIONS

1. A.Cliffwood Phase 3 (Case 23-327): Hold a public hearing and consider a resolution for a waiver to Section 5.1.a "Street and Right of Way Basic Policies" of the Design Standards Manual for the design criteria for Streets within the Cliffwood Phase 3. (Staff Contact: Michelle McCullough, Assistant Director/City Engineer) (Planning and Zoning Commission recommended disapproval unanimously)

• Exhibit 1 - Department Memo (Case 23-327).pdf (0.06 MB)
• Exhibit 2 - Presentation (Case 23-327).pdf (3.09 MB)
• Exhibit 3 - Resolution (Case 23-327).pdf (0.03 MB)
• Exhibit 4 Opposition Petition.pdf (1.24 MB)

7.GENERAL

1. A.Consider approval of awarding RFP 2024-003 Artificial Turf Baseball & Softball Fields with TGS Sports LLC in the amount of $1,741,400 with a project contingency of $174,400 for the conversion of Clydesdale, Shire, Paint, Appaloosa, Roan, Pasofina and Quarter fields at Chisenhall Fields to synthetic turf. (Staff Contact: Allison Smith, Recreation Manager)

• Exhibit 1- Department Memo.pdf (0.05 MB)
• Exhibit 2- Presentation.pdf (20.11 MB)
• Exhibit 3- Contract.pdf (51.28 MB)
• Exhibit 4- 1295.pdf (0.08 MB)
• Exhibit 5- HB 89.pdf (0.42 MB)

2. B.Consider approval of a contract with Club Car for the purchase of new golf carts through Sourcewell cooperative purchasing agreement #12220-CCR in the amount of $544,800.  (Staff Contact: Jen Basham, Director of Parks and Recreation) 

• Exhibit 1-Department Memo.pdf (0.06 MB)
• Exhibit 2-Staff Presentation.pdf (2.44 MB)
• Exhibit 4-1295.pdf (0.81 MB)

3. C.Consider approval of a four-year contract with Club Car for GPS in golf carts at Hidden Creek Golf Course through Sourcewell cooperative purchasing agreement #122220-CCR with Club Car in the amount of $180,000. (Staff Contact: Jen Basham, Director of Parks and Recreation)

• Exhibit 1-Department Memo.pdf (0.06 MB)
• Exhibit 2-Staff Presentation.pdf (2.44 MB)
• Exhibit 4-1295.pdf (0.81 MB)

4. D.Consider approval of City Council Policy 43, formally adopting the City of Burleson Asset Management Policy and Corporate Risk Matrix. (Staff Contact: Eric Oscarson, Deputy City Manager)

• Exhibit 1 - Department Memo - Asset Management CC.pdf (0.06 MB)
• Exhibit 2 - Presentation - Asset Management Policy.pdf (6.31 MB)
• City Council Policy - AM1.pdf (0.16 MB)

5. E.Consider approval of a resolution stating and accepting the results of the local option petition for the legal sale of all alcoholic beverages for off-premise consumption only.  (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo Resolution accepting petition.pdf (0.06 MB)
• Exhibit 2 - Presentation Local Option Election.pdf (0.08 MB)
• Exhibit 3 - Resolution - Local Option Accepting Verified Petition.pdf (0.03 MB)

6. F.Consider approval of a Resolution Ordering a Special Election – Local Option, legalize the legal sale of all alcoholic beverages for off-premise consumption only. (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo Ordering Special Election.pdf (0.06 MB)
• Exhibit 2 - Presentation Special Election.pdf (0.08 MB)
• Exhibit 3 - Resolution - Ordering Special Local Option Election 2-28-24.pdf (0.03 MB)

8.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion and provide staff feedback regarding the Wayside Horn project planned for the Union Pacific Railroad (UPRR) crossing of CR 714. (Staff Presenter: Errick Thompson, Director of Public Works & Engineering)                                                                               

• Exhibit 1- Department Memo- Wayside Horn Status Update Ext. 2024-02-22.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation.pdf (8.46 MB)

2. B.Receive a report, hold a discussion and provide staff feedback regarding easement and right-of-use agreements. (Staff Contact: Tony D. McIlwain, AICP, CFM, Development Services Director)

• Exhibit 1 - Department Memo 03.04.24.pdf (0.08 MB)
• Exhibit 2. Easements and ROW use agreements 03.4.24.pdf (4.87 MB)
• Exhibit 3 - Draft Ordinance Amending Chapter 70 - Use of Streets and Sidewalks - 2-28-24 Draft.pdf (0.24 MB)

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 the internal investigation into Human Resources Department Complaint No. 2023-0001 and No. 2023-0002

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

-Approximately 287 square feet near the intersection of E Renfro St and Cardinal Ridge Road in Burleson, Johnson County, Texas

-Approximately 218 square feet near the intersection of E Renfro St and Memorial Plaza in Burleson, Johnson County, Texas

-Approximately 5.79 acres in the HighPoint Business Park near the intersection of Vantage Drive and Cirrus Drive in Burleson, Johnson County, Texas

-Discuss and receive direction on certain parcels of real property in Johnson County, Texas for fire and public safety  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

-Project Verdad

-Project Dough

11.ADJOURN

CERTIFICATE

I hereby certify that the above agenda was posted on this the 28th of February 2024, by 6:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.