City Council Regular Meeting 02/03/2025 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - John Mark Tittsworth, Lead Pastor Alsbury Baptist 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

2. B.Presentations

   -Recognizing Public Works staff. (Staff Contact: Errick Thompson, Director of Public Works)

   -Recognizing Fire Department staff. (Staff Contact: Casey Davis, Fire Chief)

   -Presentation of appreciation to City Councilmembers from Cana Church Women's Ministry.

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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.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 January 21, 2025 regular council meeting. (Staff Contact: Monica Solko, Deputy City Secretary)

• Exhibit 1 - Department Memo 01.21.pdf (0.05 MB)
• Exhibit 2 - Draft Minutes 2025-01-21.pdf (0.08 MB)

2. B.Consider and take possible action on a contract with DiVal Safety Equipment, Inc., for the purchase of self-contained breathing apparatuses (SCBA), Regulators, Mask, Cylinders, Rapid Intervention Packs, and applicable accessories through a cooperative purchasing agreement with The City of Frisco in the amount of $195,000.00, distributed as $65,000 annually with two optional one-year renewals. (Staff Contact: Casey Davis Fire Chief) 

• Exhibit 1 - Agenda Memo, SCBA Contract.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation, SCBA Contract.pdf (1.64 MB)
• Exhibit 3 - Contract.pdf (0.73 MB)

3. C.Consider and take possible action on a minute order to formally reject bids for ITB 2025-004 for the purchase of chemicals for the Brick Indoor Pool, Outdoor Pool, and Splash Pad. (Staff Contact: Jen Basham, Director of Parks and Recreation) 

• Exhibit 1 - Department Memo Bid Rejection.pdf (0.06 MB)
• Exhibit 2-Staff Presentation-Pool Chemical Bid Rejection.pdf (0.56 MB)

4. D.Consider and take possible action on a resolution approving the termination of a chapter 380 and economic development and performance agreement for public and private improvements with the Tax Increment Financing Reinvestment Zone Number Two, the Burleson 4A Economic Development Corporation, and BTX Old Town, LLC (CSO#1625-12-2020) and authorizing the city manager to execute all documents necessary to terminate the agreement. (Staff Contact: Matt Ribitzki, Sr. Deputy City Attorney/Director of Legal Services)

• Exhibit 1 - Department Memo - BTX Old Town.pdf (0.06 MB)
• Exhibit 2 - Presentation - BTX Old Town.pdf (1.71 MB)
• Exhibit 3 - Resolution - BTX Old Town LLC.pdf (0.03 MB)
• Exhibit 4 - BTX Old Town - Executed 380.pdf (15.40 MB)

5. E.Consider and take possible action on a Tax Abatement Agreement between the City of Burleson and Paris Baguette U.S.A., Inc., for a food manufacturing facility located in Highpoint Business Park in Tax Abatement Reinvestment Zone Number 010, City of Burleson. (Staff Contact: Alex Philips, Director of Economic Development)

• Exhibit 1 - Department Memo (47).pdf (0.06 MB)
• Exhibit 2 - Staff Presentation.pdf (9.39 MB)

6. F.Consider and take possible action of a resolution authorizing a $2,000 sponsorship expense for the Burleson Character Council Luncheon. (Staff Contact: Janalea Hembree, Assistant to the City Manager)

• Exhibit 1 - Department Memo.pdf (0.05 MB)
• Exhibit 2 - Staff Presentation - Burleson Character Council.pdf (0.13 MB)
• Exhibit 3 - Resolution.pdf (0.03 MB)
• Exhibit 4 - 2025 Character Council Letter.pdf (0.29 MB)

7. G.Consider and take possible action on a resolution to ratify the appointment of chairperson and vice-chair person of the Animal Shelter Advisory Committee. (Staff Contact: Lisandra Leal, Assistant City Secretary)

• Exhibit 1 - Department Memo Ratify Chair and Vice Chair.pdf (0.05 MB)
• Exhibit 2 - Resolution Ratification Chairpersons.pdf (0.02 MB)

6.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

7.DEVELOPMENT APPLICATIONS

1. A.7430, 7350 and 7226 FM 1902 (Case 24-315): Hold a public hearing and take possible action on an ordinance for a zoning change request from “A”, Agriculture to “PD" Planned Development for a proposed hybrid flex business park with commercial uses. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended disapproval 6 to 2) The applicant requested that this item be removed from consideration.

• Exhibit 1 - Department Memo (Case 24-315).pdf (0.06 MB)

2. B.3301 N CR 810 (Case 24-329): Hold a public hearing and take possible action on an ordinance for a zoning change request from “A” Agricultural to “C” Commercial district for a proposed tractor trailer repair and tire service center. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval 8 to 0)

• Exhibit 1 - Department Memo (Case 24-329).pdf (0.06 MB)
• Exhibit 2 - Presentation (Case 24-329).pdf (4.70 MB)
• Exhibit 3 - Ordinance (Case 24-329).pdf (0.03 MB)

3. C.Dairy Queen located at 1620 SW Wilshire Blvd (Case 24-365): Consider and take possible action on  a resolution for variances to Chapter 63, Sign Regulations, relating to type of sign and the setback of the proposed sign, allowing for the installation of a pole sign instead of the allowed monument sign and for the sign to be approximately eight feet six inches (8’6”) from the side property line instead of the required ten feet (10’).  (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item.)

• Exhibit 1 - Department Memo (Case 24-365).pdf (0.06 MB)
• Exhibit 2 - Presentation (Case 24-365).pdf (3.07 MB)
• Exhibit 3 - Resolution (Case 24-365).pdf (0.04 MB)
• Exhibit 4 - Applicants Justification.pdf (0.36 MB)

8.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and provide staff direction regarding proposed fees and service changes associated with the solid waste program.  (Staff Contact:  Richard Abernethy, Administrative Services Director)

• Exhibit 1 - Solid Waste Proposal Memo2.pdf (0.06 MB)
• Exhibit 2 - Solid Waste and Recycling Contract6.pdf (4.12 MB)

2. B.Receive a report, hold a discussion, and provide direction regarding the Equipment Replacement Fund (ERF) Policy, which is designed to provide financial stability to the purchase of vehicles and equipment. (Staff Contact: Harlan Jefferson, Deputy City Manager)

• Exhibit 1 - ERF Draft Policy (City Council) 2.3.2025.pdf (0.06 MB)
• Exhibit 2 - Drafte ERF Policy Presentation (City Council) 2.3.2025.pdf (0.86 MB)
• Exhibit 3 - ERF Draft Policy (City Council) 2.3.2025.pdf (0.03 MB)
• Exhibit 4 - Exhibit A - ERF Replacement Table February 2025.pdf (0.01 MB)

9.GENERAL

1. A.Consider and take possible action on a contract with Southern Emergency & Rescue Vehicle Sales for the purchase of two Horton 603 Type I Ambulances through a cooperative purchasing agreement with BuyBoard Vendor Contract #745-24, for a cost of $832,659.93.​ (Staff Contact:  Casey Davis, Fire Chief)

• Exhibit 1 - Department Memo, Ambulance Purchase (1).pdf (0.06 MB)
• Exhibit 2 - Presentation, Ambulance Purchase - 1-29-24.pdf (6.02 MB)
• Exhibit 3 - Contract SERVS.pdf (1.11 MB)

2. B.Consider and take possible action on a Cooperative Purchasing Agreement with Performance Truck, Inc., for the purchase of a combination vacuum truck through BuyBoard Cooperative in the amount of $517,845.57. (Staff Contact: Errick Thompson, Director of Public Works)

• Exhibit 1 - Department Memo - Sewer Truck Purchase.pdf (0.06 MB)
• Exhibit 2 - Presentation - Replacement Sewer Truck Purchase.pdf (1.34 MB)

3. C.Consider and take possible action on a minute order to appoint various members to the City of Burleson Boards/Commissions/Committees to fill vacancies. (Staff Contact: Lisandra Leal, Assistant City Secretary)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 - Boards and Commission Vacancies Presentation.pdf (0.59 MB)

10.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.

11.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS AND REPORTS

12.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.

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 an interlocal agreement with the Burleson Independent School District (CSO#5618-10-2024)

-Receive a report and hold a discussion regarding Article II “Flood Damage Prevention” of Chapter 42 “Floods” of the City of Burleson Code of Ordinances and an alleged violation located at 210 N Hurst in Burleson, Tarrant County, Texas

-Receive a report and hold a discussion regarding High Country, a subdivision in Burleson, Johnson County, Texas

-Receive a report and hold a discussion regarding City facilities and buildings and Bostock v. Clayton County and similar cases

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

-Certain parcel of real property being commonly known as 113 S Wilson St, 106 S Wilson St, 116 W Ellison St, and 114 W Ellison St in Burleson, Johnson County, Texas

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 Oasis

13.ADJOURN

CERTIFICATE

I hereby certify that the above agenda was posted on this the 29th of January 2025, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.