City Council Regular Meeting 01/09/2023 03:30 PM City Hall Council Chambers, 141 W. Renfro

The City Council will not discuss or take action on any public hearings, or items listed in Section 3 “Public Presentations”, Section 5 “Citizens Appearances”, or Section 7 “Development Applications”, prior to 5:30 p.m.

1.CALL TO ORDER

Invocation - Ron Williams, Pastor of Faith To Faith Ministries

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.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and give staff direction regarding regional transportation updates. (Staff Presenter: Eric Oscarson, Director of Public Works)

• Exhibit 1 - Department Memo - Transportation Update.pdf (0.05 MB)
• Exhibit 2 - Staff Presentation.pdf (14.05 MB)

3.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. 

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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.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 December 12, 2022 regular council meeting. (Staff Contact:  Amanda Campos, City Secretary).

• Exhibit 1 - Department Memo 01.09.pdf (0.05 MB)
• Exhibit 2 - Draft minutes 2022-12-12.pdf (0.08 MB)

2. B.Consider approval of a contract with Stolz Telecom for the purchase of nineteen (19) handheld Kenwood radios through a cooperative purchase agreement with BuyBoard in the amount not to exceed $57,699.20. (Staff Contact: Melvin McGuire, Captain)

• Exhibit 1 -Department Memo - Radio Purchase.pdf (0.05 MB)
• Exhibit 2 Presentation Radio Purchase.pdf (0.11 MB)
• Exhibit 3 - Stoltz Purchase Estimate.pdf (1.45 MB)
• Exhibit 4--1295 Form Stolz.pdf (0.04 MB)

3. C.Consider approval of an ordinance amending Article II “Fire Department” of Chapter 38 “Fire Prevention” of the City of Burleson Code of Ordinances by repealing and replacing Division 2 “Volunteer Fire Department” and Division 3 “Fire Prevention Department” setting forth that the fire department is no longer a volunteer fire department, that the fire prevention department is a division of the fire department, and that the fire marshal reports to the fire chief. (First Reading)  (Staff Contact: Matt Ribitzki, Deputy City Attorney/Compliance Manager)

• Exhibit 1 - Department Memo 1-9-23.pdf (0.06 MB)
• Exhibit 2 - Presentation - 1-9-23.pdf (0.10 MB)
• Exhibit 3 - Proposed Ordinance - Fire Department and Fire Marshal.pdf (0.03 MB)
• Exhibit 4 - Current Ordinance Redlined.pdf (0.07 MB)

4. D.Consider approval of a contract with Simplot Turf and Horticulture to purchase fertilizer and chemicals used for maintaining Hidden Creek Golf Course through a cooperative purchasing agreement with BuyBoard in the amount not to exceed $90,000. (Staff Contact: Jen Basham, Director, Parks and Recreation)

• Exhibit 1- Department Memo- Chemical Supplies.pdf (0.05 MB)
• Exhibit 2-Staff Presentation-Chemical Supplies.pdf (0.35 MB)
• Exhibit 3 - Chemical Applications.pdf (0.05 MB)
• Exhibit 4 - Fertilizer Applications.pdf (0.05 MB)
• Exhibit 5 - 1295 Form.pdf (0.92 MB)
• Exhibit 6 - Summary of Applications.pdf (0.23 MB)

5. E.Consider approval of a minute order ratifying the Burleson 4A Economic Development Corporation Board’s action taken on approval of a Chapter 380 Agreement between the Burleson 4A Economic Development Corporation and CHC Development for the development of 130 East Renfro Street, Burleson, Texas. (Staff Contact: Alex Philips, Economic Development Director)

• Exhibit 1-Department Memo-CHC Development Council.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation.pdf (12.77 MB)

6. F.Consider approval of an interlocal agreement with the City of Denton for cooperative purchasing between the cities that will allow, among other cooperative purchases, utilization of an existing City of Denton contract for the maintenance and equipment repair of the City of Burleson’s current outdoor warning system. (Staff Contact: Josh Jacobs, Assistant Fire Chief)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 - Presentation.pdf (0.32 MB)
• Exhibit 3 - Interlocal Agreement.pdf (0.03 MB)

7. G.Consider approval of an inter-local agreement for the Tri-County Auto Theft Task Force in partnership with the City of Mansfield, City of Burleson, City of Kennedale, City of Midlothian, City of Alvarado, and the Tarrant County Constable Precinct 7 and authorize the City Manager and the Chief of Police to execute the agreement. (Staff Contact: Billy J. Cordell, Chief of Police)

• Exhibit 1- Department Memo TCATTF Interlocal.pdf (0.05 MB)
• Exhibit 2-Presentation.pdf (0.12 MB)
• Exhibit 3-TCATTF Interlocal.pdf (0.61 MB)

8. H.Consider approval of an interlocal agreement with the cities of Decatur, Haltom City, Haslet, Keller, Richland Hills, Roanoke, Saginaw, Watauga, the Benbrook Library District and the Forest Hill Library District for library courier service. (Staff Contact: Sara Miller, Deputy Director-Library) 

• Exhibit 1-Department Memo-Library Courier Service (1).pdf (0.05 MB)
• Exhibit 2-Presentation-Library Courier Service.pdf (0.21 MB)
• Exhibit 3-Interlocal Agreement-Library Courier Service.pdf (0.03 MB)

9. I.Consider approval of resolution establishing the City Council’s priorities for the 88^th Legislative Session. (Staff Contact: Justin Scharnhorst, Assistant to the City Manager)

• Exhibit 1 - Department Memo (5).pdf (0.05 MB)
• Exhibit 2 - Staff Presentation Legislative Update.pdf (0.13 MB)
• Exhibit 3 - Resolution.pdf (0.51 MB)

10. J.Consider approval of a contract with Kraftsman through a cooperative purchasing agreement with buyboard in the amount of $88,562.94 for the purchase and installation of three shade structures for the Outdoor Pool at the Burleson Recreation Center. (Staff Contact: Jen Basham, Director of Parks and Recreation)

• Exhibit 1-Department Memo-Outdoor Pool Shade.pdf (0.05 MB)
• Exhibit 2-Staff Presentation-Outdoor Pool Shade.pdf (4.30 MB)
• Exhibit 3 - Proposal.pdf (0.22 MB)
• Exhibit 4 - 1295 Form.pdf (0.12 MB)

11. K.Consider approval of a construction contract with G Rod Construction for the renovation of the Bartlett Park soccer fields in the amount not to exceed $1,102,968.46.  (Staff Contact: Jen Basham, Parks and Recreation Director)

• Exhibit 1 - Department Memo-Bartlett.pdf (0.05 MB)
• Exhibit 2-Staff Presentation-Bartlett.pdf (3.26 MB)
• Exhibit 3 - GRod Construction.pdf (3.52 MB)
• Exhibit 4 - 1295 Form.pdf (0.12 MB)

12. L.Consider approval of a resolution supporting grant funding from the Office of the Governor for renewal of the full-time victim assistant coordinator. (Staff Contact: Billy J. Cordell, Chief of Police).

• Exhibit 1 - Department Memo.pdf (0.05 MB)
• Exhibit 2 - Presentation (Victim Assistance Grant).pdf (0.12 MB)
• Exhibit 3 - Resolution.pdf (0.08 MB)

7.DEVELOPMENT APPLICATIONS

1. A.QuikTrip at 449 E Renfro (Case 22-105): Hold a public hearing and consider approval of an ordinance for a zoning change request from “PD”, Planned Development, to “GR" General Retail with a SUP, Specific Use Permit, allowing “Automobile fuel sales” in specific plan area 1, “Spinks” of the IH35 Overlay district.  (First and Final Reading) (Staff Presenter: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval by unanimous vote)

• Exhibit 1 - Department Memo CC 22-105 QuikTrip.pdf (0.05 MB)
• Exhibit 2 - Presentation ZC 22-105.pdf (6.99 MB)
• Exhibit 3 - CSO 948-12-2018 Village Creek North.pdf (3.88 MB)
• Exhibit 4 - Ordinance 22-105.pdf (0.30 MB)

2. B.QuikTrip at 449 E Renfro (Case 22-106): Hold a public hearing and consider approval of a site plan for QuikTrip with waivers to the IH35 parking setback, Section 5-51, Article V of Appendix C, IH35 Design Standards, and the minimum driveway spacing, Section 5.5 – Streets and Site Standards, Table 1 of the Engineering Design Manual. (Staff Presenter: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval of staff’s recommendation by unanimous vote)

• Exhibit 1 - Department Memo CC 22-106 QuikTrip (1) (1).pdf (0.06 MB)
• Exhibit 2 - Presentation CC 22-106 QuikTrip Site Plan with Waiver.pdf (6.57 MB)
• Exhibit 3 - QuikTrip Waiver Justification.pdf (0.25 MB)
• Exhibit 4 - QuikTrip Site Plan.pdf (2.57 MB)

3. C.QuikTrip at 449 E Renfro (Case 22-120): Consider approval of a resolution for a variance to allow a pole sign; Chapter 63, Sign Regulations. (Staff Presenter: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item.)

• Exhibit 1 - Department Memo SV 22-120 QuikTrip.pdf (0.06 MB)
• Exhibit 2 - Presentation 22-120.pdf (5.78 MB)
• Exhibit 3 -QT-Variance Requests Pole sign (Case 22-120).pdf (0.23 MB)
• Exhibit 4 - Resolution Case 22-120 - MMR edits 12-29-22.pdf (0.03 MB)

4. D.4139 S Burleson Blvd (Case 22-145): Hold a public hearing and consider approval of an ordinance for a zoning change request from “A”, Agricultural to “PD”, Planned Development for a 4.13 acre site. (First and Final Reading) (Staff Presenter: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission motion for approval passed 7-0).

• Exhibit 1 - Department Memo (22-145) ZC.pdf (1.17 MB)
• Exhibit 2 - Presentation (22-145).pdf (0.89 MB)
• Exhibit 3 - Ordinance (22-145).pdf (0.20 MB)
• Exhibit 4 - Survey (22-145).pdf (0.53 MB)
• Exhibit 5 - Images (22-145).pdf (0.60 MB)

5. E.McNairn Plaza at 826 SW Wilshire Blvd (Case 22-143): Consider approval of a resolution for a sign variance to the setback of a pylon sign; Chapter 63, Sign Regulations. (Staff Presenter: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item.)

• Exhibit 1 - Department Memo SV 22-143 McNairn Plaza.pdf (0.06 MB)
• Exhibit 2 - Presentation 22-143.pdf (1.06 MB)
• Exhibit 3 - Concept and Justification.pdf (1.42 MB)
• Exhibit 4 - Resolution Case 22-143 - MMR edits 12-29-22.pdf (0.03 MB)

8.GENERAL

1. A.Consider an ordinance amending the City budget for fiscal year 2022-2023 by increasing appropriations in the Hotel Motel Fund in the amount of $368,000 for Plaza Visitor Parking Lot and network infrastructure improvements, and finding that this ordinance may be considered and approved at only one meeting because time is of essence. (First and Final Reading) (Staff Presenter: Martin Avila, Director of Finance)

• Exibit 1_Department memo Budget Amendment Ordinance Hotel Motel Fund.pdf (0.05 MB)
• Exibit 2_ Budget Amendment Presentation.pdf (0.23 MB)
• Exhibit 3 - Budget Amendment Ordinance 1-9-23.pdf (0.02 MB)

2. B.Consider approval of a construction contract with 2L Construction, LLC for reconstruction of the Plaza Visitor Parking Lot in the amount of $437,487.30. (Staff Presenter: Errick Thompson, Deputy Director of Public Works - Engineering)

• Exhibit 1 – Department Memo - Plaza Visitor Parking Lot.pdf (0.05 MB)
• Exhibit 2- Presentation- Plaza Visitor Parking Lot Construction Contract - 2022-12-21.pdf (5.17 MB)
• Exhibit 3- Contract (UNSIGNED) -ST2303_Project Specifications_Final_2022-11-09.pdf (3.68 MB)
• Exhibit 4 -1295 Form.pdf (0.07 MB)

3. C.Consider approval of a construction contract with JR West Texas Concrete, LLC for construction of the Neighborhood Street Reconstruction (W King, N Warren, & NE Johnson Ave) Project in an amount not to exceed $1,800,476.52. (Staff Presenter: Errick Thompson, Deputy Director of Public Works - Engineering)

• Exhibit 1 – Department Memo - NSR King, Warren, Johnson.pdf (0.06 MB)
• Exhibit 2- Presentation- NSR King Warren Johnson Construction Contract - 2022-12-15.pdf (2.65 MB)
• Exhibit 3- Contract (UNSIGNED)- NSR_KWJ_For Vendor Signature.pdf (5.36 MB)
• Exhibit 4 - 1295 Form.pdf (0.65 MB)

4. D.Consider approval of a Funding Interlocal Agreement with Tarrant County for the Design and Construction of the Stone Rd. / Village Creek Parkway Widening Project in the amount of $3,030,000. (Staff Presenter: Errick Thompson, Deputy Director of Public Works - Engineering)

• Exhibit 1 – Department Memo - ILA Tarrant Co. Stone Rd.pdf (0.05 MB)
• Exhibit 2 - Presentation - Tarrant Co. Interlocal Agrement Stone Rd.pdf (3.25 MB)
• Exhibit 3 - ILA-Burleson-Stone-Rd-Widening-Funding.pdf (0.20 MB)

5. E.Consider approval of an Engineering Services Contract with Freese and Nichols Inc. for the design of the Stone Rd. / Village Creek Parkway Widening and Reconstruction project in an amount not to exceed $380,595. (Staff Presenter: Errick Thompson, Deputy Director of Public Works - Engineering)

• Exhibit 1 – Department Memo - Eng. Services Contract.pdf (0.06 MB)
• Exhibit 2 - Presentation- Stone Rd_Village Creek Pkwy ESC - 2022-12-12.pdf (2.91 MB)
• Exhibit 3 - ESC Contract - Village Creek Parkway.pdf (1.99 MB)

6. F.Consider approval of an ordinance amending the City of Burleson code of ordinances Chapters 2, 6, 10, 18, 44, 46, 62, and 86 amending the number of voting members and terms of members. (First Reading) (Staff Presenter: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo amending boards final reading.pdf (0.06 MB)
• Exhibit 2 - Jan 9 Board & Commission overview.pdf (3.57 MB)
• Exhibit 3 - Ordinance.pdf (0.04 MB)

9.CITY COUNCIL REQUESTS AND FUTURE AGENDA ITEMS AND REPORTS

10.RECESS INTO EXECUTIVE SESSION

Pursuant to Section 551.071, Texas Government Code, the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.

1. Pending or Contemplated Litigation or to Seek the Advice of the City Attorney Pursuant to Section 551.071
2. Discussion Regarding Possible Purchase, Exchange, Lease, or Value of Real Property Pursuant to Section 551.072
3. Deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body Pursuant to Section 551.073
4. Personnel Matters Pursuant to Section 551.074

-Review, deliberate, and discuss the annual performance evaluation, duties, benefits, compensation, and contract for the City Manager

-Review, deliberate, and discuss the annual performance evaluation, duties, benefits, compensation, and contract for the City Secretary

-Review, deliberate, and discuss the annual performance evaluation, duties, benefits, compensation, and contract for the City Attorney

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
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

-Project Workforce

-Project Facelift

7. Pursuant to Sec 418.183(f), 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 this the 4th of January 2023, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

Amanda Campos

City Secretary

ACCESSIBILITY STATEMENT
The Burleson City Hall is wheelchair accessible. The entry ramp is located in the front of the building, accessible from Warren St. Accessible parking spaces are also available in the Warren St. parking lot. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at 817-426-9600, or TDD 1-800-735-2989.