City Council Regular Meeting 07/10/2023 04:00 PM City Hall Council Chambers, 141 W. Renfro

Public Presentations and Public Hearings will not be considered before 5:30 p.m.

1.CALL TO ORDER

Invocation - Brian Jacobs, Pastor Metroplex Family 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

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.REPORTS AND PRESENTATIONS

1. A.Receive a report and hold a discussion regarding the Burleson Opportunity Fund (BOF). (Presenter: Craig Couch, President of the Burleson Opportunity Fund) 

• Exhibit 1 - Department Memo BOF.pdf (0.05 MB)
• Exhibit 2 - BOF 2023 Presentation.pdf (5.01 MB)

2. B.Receive a report, hold a discussion, and give staff feedback, regarding the overview of the Burleson Fire Department and FY24 Supplemental budget requests. (Staff Presenter: K.T. Freeman, Fire Chief)

• Exhibit 1 - Department Memo.pdf (0.05 MB)
• Exhibit 2 - Presentation.pdf (35.70 MB)

3. C.Receive a report, hold a discussion, and give staff direction on the financial overview of other proprietary and special revenue funds and receive any additional direction from City Council regarding the annual budget for fiscal year 2023-2024. (Staff Presenter:  Martin Avila, Director of Finance)

• Exibit 1 Department Memo Health_IT Support Services_ERF_ESF_ SW_TIF Overivew_7.10.2023.pdf (0.05 MB)
• Exibit 2 07.10.23_PROPRIETARY_SPECIAL REVENUE FUNDS.pdf (0.51 MB)

4. D.Receive a report, hold a discussion regarding the proposed new City Council Policy #42 – City Council Committees. (Staff Presenter: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo Council committee appointments 2023.pdf (0.06 MB)
• Exhibit 2 - Presentation Council Committee July 2023 Policy 42.pdf (0.20 MB)

4.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 A.Items to be continued or withdrawn.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.

5.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.

6.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 June 20, 2023 regular council meeting. (Staff Contact:  Amanda Campos, City Secretary).

• Exhibit 1 - Department Memo 07.10.pdf (0.05 MB)
• Exhibit 2 - Draft Minutes 2023-06-20.pdf (0.07 MB)

2. B.Consider approval of a minute order ratifying the 4A Economic Development Corporation Board’s action taken on a professional services agreement with Mycoskie & Associates, Inc. dba MMA, Inc. in the amount of $206,100. (Staff Contact: Errick Thompson, Deputy Director of Public Works)

• Exhibit 1 - Department Memo.pdf (0.05 MB)
• Exhibit 2 - Presentation - CC - MMA PSA - Hooper Bus Park Det.pdf (10.92 MB)
• Exhibit 3 - Mycoskie & Associates (2).pdf (2.31 MB)
• Exhibit 4 - Form 1295.pdf (0.08 MB)

3. C.Consider approval of a contract for EMS supplies using an existing Cooperative Purchasing Interlocal Agreement with the City Midlothian for EMS supplies from Bound Tree Medical, LLC in the amount not to exceed $90,000 (Staff Contact: Casey Davis, Assistant Fire Chief)

• Exhibit 1-Department Memo-Bound Tree.docx.pdf (0.05 MB)
• Exhibit 2 - Presentation-Bound Tree.pdf (0.64 MB)
• Exhibit 3 - BoundTree Medical Contract.pdf (6.25 MB)
• Exhibit 4 - Form 1295 Certificate.pdf (0.03 MB)
• Exhibit 5 - Interlocal agreement Midlothian.pdf (0.55 MB)

4. D.Consider approval of a resolution waiving fees for Burleson Independent School District and Joshua Independent School District at Hidden Creek Golf Course. (Staff Contact: Jen Basham, Director of Parks and Recreation)

• Exhibit 1-Department Memo-Golf Fees.pdf (0.05 MB)
• Exhibit 2-Staff Presentation.pdf (0.62 MB)
• Exhibit 3 - Resolution - Waiving Course Fees BISD JISD.pdf (0.03 MB)

5. E.Consider approval of a resolution designating the Johnson County Tax Assessor-Collector to perform the required calculation of relevant tax rates and the City Manager to publish and deliver the tax rate forms in accordance with Chapter 26 of the Texas Tax Code.  (Staff Contact: Matt Ribitzki, Deputy City Attorney/Compliance Manager)

• Exhibit 1 - Department Memo - Resolution for Johnson County Tax A-C.pdf (0.06 MB)
• Exhibit 2 - Presentation - Resolution for Johnson County Tax A-C.pdf (0.08 MB)
• Exhibit 3 - Resolution - Johnson County Tax A-C 2023.pdf (0.02 MB)

6. F.Consider approval of a resolution directing the City Manager to prepare a calendar for the orderly adoption of the property tax rate and annual operating budget for Fiscal Year 2023-2024 assuming a property tax rate that does not exceed the voter-approval rate.  (Staff Contact: Matt Ribitzki, Deputy City Attorney/Compliance Manager)

• Exhibit 1 - Department Memo - Resolution Assuming Tax Rate Under Voter Approval Rate.pdf (0.06 MB)
• Exhibit 2 - Presentation - Resolution Assuming Tax Rate Under Voter Approval Rate.pdf (0.09 MB)
• Exhibit 3 - Resolution - Assuming Tax Rate Under Voter Approval Rate.pdf (0.01 MB)

7. G.Consider approval of a memorandum of understanding with the National Insurance Crime Bureau to access ISO ClaimSearch, a repository of data associated with insurance claims. (Staff Contact: Tim Mabry, Lieutenant)

• Exhibit 1- Department Memo NICB MOU.pdf (0.05 MB)
• Exhibit 2--NICB Presentation.pdf (0.12 MB)
• Exhibit 3- NICB MOU.pdf (0.23 MB)

8. H.Consider approval of a resolution appointing the assistant city secretary to serve as acting city secretary in the absence of the city secretary and deputy city secretary. (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo Assistant City Secretary.pdf (0.05 MB)
• Exhibit 2 - Resolution Acting City Secretary.pdf (0.02 MB)

9. I.Consider approval of an Emergency Access Easement between IAM Properties-Burleson, LLC and the City of Burleson at 813 N Burleson Boulevard. (Staff Contact: Errick Thompson, Deputy Director of Public Works)

• Exhibit 1 - Department Memo - Emergency Access Easement.pdf (0.05 MB)
• Exhibit 2 - Presentation -Emergency Access Easement.pdf (3.49 MB)
• Exhibit 3 - Emergency Access Easement (need original signed copy).pdf (0.24 MB)

10. J.Consider approval of a resolution amending City Council Policy #32, Financial Policy, and adopting City Council Policy #41, Debt Management Policy.  (Staff Contact: Martin Avila, Director of Finance)

• Exhibit 1 - Department Memo - Debt and Financial Policy_7.10.2023.pdf (0.05 MB)
• Exibit 2 Debt and Financial Policy_Final_7.10.2023.pdf (1.24 MB)
• Exhibit 3 - Resolution - Council Policy 32 and 41.pdf (0.02 MB)
• Exibit 4 Financial Policy 32 6.21.2021 Revised Final_7.10.23 REDLINED.pdf (0.98 MB)
• Exibit 5 Financial Policy 32 6.21.2021 Revised Final_7.10.2023.pdf (0.07 MB)
• Exibit 6 BTX Debt Policy #41 Final_7.10.2023.pdf (0.02 MB)

11. K.Consider approval of a contract for the purchase of fleet vehicles with Caldwell Country Chevrolet through the BuyBoard Cooperative in the amount of $199,706.75. (Staff Contact: Eric Oscarson, Public Works Director)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation.pdf (9.55 MB)
• Exhibit 3 - Quotes.pdf (0.44 MB)
• Exhibit 4 - 1295 Form.pdf (0.07 MB)

12. L.Consider approval of a resolution appointing Tommy Ludwig the City Manager of the City of Burleson subject to the execution of contract documents related to the position, and authorizing the Mayor to execute such contract documents.  (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo - Resolution Appointing City Manager.pdf (0.05 MB)
• Exhibit 2 - Resolution - Appointing City Manager.pdf (0.02 MB)

7.DEVELOPMENT APPLICATIONS

1. A.Lot B, Block 17, Hidden Vistas Phase 4B (Case 23-045): Hold a public hearing and consider approval of an ordinance for a zoning change request from “PD”, Planned Development to “PD" Planned Development to incorporate .334 acres of open space into three existing residential lots (First and Final Reading) (Staff Presenter: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval by unanimous vote)

• Exhibit 1 - CC Department Memo 23-045 ZC.pdf (0.19 MB)
• Exhibit 2 - Presentation ZC 23-045.pdf (5.72 MB)
• Exhibit 3 - CC Ordinance 23-045.pdf (0.33 MB)
• Exhibit 4 - Letters of support.pdf (0.32 MB)
• Exhibit 5 - Letter of opposition.pdf (0.05 MB)

8.GENERAL

1. A.Consider approval of an ordinance amending the City Budget for fiscal year 2022-2023 by increasing appropriations of funds in the amount of $58,725 for merchandise at Hidden Creek Golf Course. (First and Final Reading) (Staff Presenter: Jen Basham, Director of Parks and Recreation)

• Exhibit 1-Department Memo-Golf Budget Amendment.pdf (0.05 MB)
• Exhibit 2 - Staff PresentationHidden Creek Golf Course Budget Amendment.pdf (2.99 MB)
• Exhibit 3 - Budget Amendment Ordinance 1-9-23.pdf (0.02 MB)

2. B.Consider a resolution authorizing the purchase of merchandise with Callaway, Golf for merchandise at Hidden Creek Golf Course in the amount not to exceed $75,000. (Staff Presenter: Jen Basham, Director of Parks and Recreation)

• Exhibit 1-Department Memo-Callaway.pdf (0.05 MB)
• Exhibit 2 - Staff PresentationHidden Creek Golf Course Budget Amendment.pdf (2.99 MB)
• Exhibit 3 - Resolution - Callaway.pdf (0.03 MB)

3. C.Consider a resolution authorizing the purchase of merchandise with Titleist, Golf for merchandise at Hidden Creek Golf Course in the amount not to exceed $100,000. (Staff Presenter: Jen Basham, Director of Parks and Recreation)

• Exhibit 1-Department Memo-Titleist Golf (1).pdf (0.05 MB)
• Exhibit 2 - Staff PresentationHidden Creek Golf Course Budget Amendment.pdf (2.99 MB)
• Exhibit 3-Resolution-Titleist.pdf (0.03 MB)

4. D.Consider approval of an ordinance authorizing establishment of the Burleson Public Safety Communications Department as a Law Enforcement Telecommunication Agency through the Texas Commission on Law Enforcement (TCOLE). (First reading) (Staff Presenter: Paul Bradley, Director of Public Safety Communications)

• Exhibit 1 - Department Memo - Burleson Public Safety Communications Department.pdf (0.05 MB)
• Exhibit 2 - Presentation - Burleson Public Safety Communications Department.pdf (0.18 MB)
• Exhibit 3 - Ordinance - Burleson Public Safety Communications Department.pdf (0.20 MB)
• Exhibit 4 - Application - TCOLE Law Enforcement Telecommunication Agency.pdf (0.10 MB)

5. E.Consider approval of a resolution authorizing a five-year contract with Bureau Veritas as the primary contractor and Instant Inspections as the secondary contractor for third-party plan review and inspection services related to Environmental Services, Residential and Commercial Inspections, and Fire Services Inspections pursuant to all applicable terms and conditions outlined in RFP 2023-011. (Staff Presenter: Justin Scharnhorst, Assistant to the City Manager)

• Exhibit 1 - Department Memo.pdf (0.05 MB)
• Exhibit 2 - Staff Presentation Third Party Inspections.pdf (4.12 MB)
• Exhibit 3 - Resolution.pdf (5.41 MB)
• Exhibit 4 -1295 Certificate.pdf (3.74 MB)

6. F.Receive a report, hold a discussion, and provide staff with direction regarding the City of Burleson Fiscal Year 23-24 Strategic Plan. (Staff Presenter: Justin Scharnhorst, Assistant to the City Manager)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation Strategic Plan.pdf (0.32 MB)

7. G.Consider approval of a minute order electing a councilmember to serve as Mayor Pro Tem for a term of one year. (Staff Presenter: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo Mayor Pro Tem (3).pdf (0.05 MB)

8. H.Remove from the table and consider approval of a minute order appointing a councilmember to the Burleson Opportunity Fund to fill a vacancy.  (Staff Presenter: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo - BOF member.pdf (0.05 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

-Hold a discussion and give direction regarding certificates of occupancy and Chapter 47 of the Texas Penal Code

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

-555 E Hidden Creek Pkwy, Burleson, Johnson County, Texas

3. Deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body Pursuant to Section 551.073, Texas Government Code
4. Personnel matters pursuant to Section 551.074, Texas Government Code
5. Deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit Pursuant to Sec. 551.076, Texas Government Code 
6. 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 Bear Claw

-Project Birdie

7. Pursuant to Sec. 418.183(f), Texas Government Code, deliberation of information related to managing emergencies and disasters including those caused by terroristic acts (must be tape recorded)

CERTIFICATE

I hereby certify that the above agenda was posted on the 5th of July 2023, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.