City Council Regular Meeting 03/18/2024 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation - Gloria Gillaspie, Associate Pastor, OpenDoor Church, Burelson

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.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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.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 March 4, 2024, joint City Council and Planning & Zoning special meeting and March 4, 2024 regular council meeting. (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo 03.18.pdf (0.05 MB)
• Exhibit 2 - Draft Minutes 2024-03-04 CC Special Joint Mtg.pdf (0.07 MB)
• Exhibit 3 - Draft Minutes 2024-03-04 CC.pdf (0.08 MB)

2. B.Consider a minute order ratifying the 4A Economic Development Corporation Board’s action taken for a request for a permanent pipeline and aboveground facilities easement with Atmos Energy Corporation located within the Hooper Business Park property. (Staff Contact: Michelle McCullough, Assistant Director/City Engineer) 

• Exhibit 1 - Atmos Pipeline Easement (CC).pdf (0.06 MB)
• Exhibit 2 - Presentation - Atmos Regulator Station Esmt CC_031824.pdf (2.61 MB)
• Exhibit 3 - Atmos Regulator Station Easement.pdf (1.33 MB)

3. C.Consider a minute order ratifying the 4A Economic Development Corporation Board’s action taken for a request for a permanent 20-foot-wide water line easement with Johnson County Special Utility District located within the Hooper Business Park property (Staff Contact: Michelle McCullough, Assistant Director/City Engineer) 

• Exhibit 1 - JCSUD Easement (CC).pdf (0.06 MB)
• Exhibit 2 - Presentation (JCSUD Easement - CC)_031824.pdf (0.90 MB)
• Exhibit 3 - Easement Document (JCSUD 20-ft WL Esmt).pdf (0.32 MB)

4. D.Consider approval of an Encroachment on Easement agreement with Oncor Electric Delivery Company, LLC (Oncor). (Staff Contact: Michelle McCullough, Assistant Director of Public Works/City Engineer)

• Exhibit 1 - Department Memo (Encroachment Agreement).pdf (0.06 MB)
• Exhibit 2 - Presentation (Encroachment Agreement).pdf (4.74 MB)
• Exhibit 3 - Oncor Encroachment Agreement.pdf (12.49 MB)

5. E.Consider approval of an amendment to the engineering services contract with Freese and Nichols, Inc. for design of the Stone Rd. / Village Creek Parkway Widening and Reconstruction project in the amount of $9,790.00 for a total contract amount of $390,385. (Staff Contact: Tiana Jackson, Engineering Manager – Capital)

• Exhibit 1 - Department Memo - Village Creek Pkwy (Design Amendment).pdf (0.06 MB)
• Exhibit 2 - Presentation - Village Creek Pkwy Design Amendment.pdf (2.90 MB)
• Exhibit 3 - FNI Contract Amendment - Village Creek Parkway.pdf (1.00 MB)
• Exhibit 4 - CSO#4086-01-2023 AGR Freese and Nichols.pdf (2.28 MB)
• Exhibit 5 - Form 1295 (Village Creek Pkwy - Design Amendment).pdf (0.35 MB)

6. F.Consider approval of a resolution authorizing street closures associated with OpenDoor Church’s Easter event. (Staff Contact: DeAnna Phillips, Director of Community Services)

• Exhibit 1 - Department Memo.pdf (1.15 MB)
• Exhibit 2 - Staff Presentation.pdf (7.15 MB)
• Exhibit 3 - Resolution.pdf (0.55 MB)
• Exhibit 4 - Application.pdf (0.52 MB)

7. G.Consider approval of an ordinance making textual amendments to the City’s zoning ordinance codified in Appendix B of the City of Burleson Code of Ordinances relating to liquor sales. (Final Reading) (Staff Contact: Tony D. McIlwain, Development Services Director)

• Exhibit 1- Department Memo-CC Alcohol public hearing.pdf (0.08 MB)
• Exhibit 2 Alcohol Zoning_presentation_3.18.24.pdf (15.80 MB)
• Exhibit 3 - Ordinance (Alcohol Uses) - MMR (1).pdf (0.03 MB)

8. H.Consider approval of a contract to purchase radios, peripheral equipment, and six years of subscription services from Motorola Solutions through a cooperative purchase agreement with Fort Worth, TX in an amount of $1,890,838.20 (Staff Contact: James Grommersch, Chief Technology Officer)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 -Staff Presentation.pdf (1.60 MB)
• Exhibit 3 - Quote.pdf (0.65 MB)
• Exhibit 4 - Contract.pdf (46.62 MB)
• Exhibit 6 - 1295 Form.pdf (0.14 MB)

9. I.ETJ Release Petition for 4416 Smiling Hills CT (Case 24-080): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 2.00  acres of land addressed as 4416 Smiling Hills CT. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case 24-080).pdf (0.05 MB)
• Exhibit 2 - Location Map (Case 24-080).pdf (3.18 MB)
• Exhibit 3 - Petition (Case 24-080).pdf (0.21 MB)

10. J.ETJ Release Petition for 8116 CR 1016A (Case 24-085): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 3.49 acres of land known as Lot 1 & 2, Block 1, Tolliver Estates. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case 24-085).pdf (0.07 MB)
• Exhibit 2 - Location Map (Case 24-085).pdf (3.10 MB)
• Exhibit 3 - Petition (Case 24-085).pdf (0.28 MB)

6.GENERAL

1. A.1611 Golf Club at 224 E. Renfro Street (Case 24-036): Hold a public hearing and consider approval of a resolution for a variance to section 14-44.b.1, The sale of alcoholic beverages within 300 feet of a public or private school, from the City of Burleson Code of Ordinances. (Staff Contact: Tony McIlwain, Development Services Director) 

• Exhibit 1 - Department Memo (24-036).pdf (0.05 MB)
• Exhibit 2 - Presentation (24-036).pdf (5.77 MB)
• Exhibit 3 - Resolution (24-036).pdf (0.04 MB)
• Exhibit 4-Variance Justification.pdf (0.76 MB)

2. B.Consider approval of a Order creating Signature Verification Committee and appointing members for the May 4, 2024 General Election. (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo Ordering Signature Verification Committee.pdf (0.05 MB)
• Exhibit 2 - Presentation Signature Verification Committee.pdf (0.09 MB)
• Exhibit 3 - Signed Order for Signature Verification Committee.pdf (0.03 MB)
• Exhibit 3 - Appointments to SVC.pdf (0.01 MB)

3. C.Consider approval of the Chapter 380 Agreement between the City of Burleson and Burleson Wilshire Investment Partners, LLC for a development located at 1679 Southwest Wilshire Boulevard. (Staff Contact: Alex Philips, Economic Development Director)

• Exhibit 1- Department Memo 3.18.24.pdf (0.05 MB)
• Exhibit 2 - Department Presentation.pdf (2.82 MB)
• Exhibit 3 - Chapter 380 Agreement.pdf (0.06 MB)

4. D.Consider approval of a resolution amending the General Government Five-Year Capital Improvement Program (CIP) for Fiscal Year 2023-2024; repealing conflicting resolutions; and providing a savings clause and an effective date. (Staff Contact: Harlan Jefferson, Deputy City Manager)

• Exhibit 1 - Department Memo (CIP).pdf (0.07 MB)
• Exhibit 2 - CIP Amendment.pdf (0.71 MB)
• Exhibit 3 - FY23-24 Budget Ordinance.pdf (0.04 MB)

5. E.Consider approval of a resolution accepting the results of the September 30, 2023, Annual Audit, the Annual Comprehensive Financial Report (ACFR) for the period ending September 30, 2023, and the Single Audit Report as of September 30, 2023.  (Finance Committee recommended approval.) (Staff Contact: Harlan Jefferson, Deputy City Manager)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 - Presentation (ACFR).pdf (24.75 MB)
• Exhibit 3 - Resolution (ACFR).pdf (0.03 MB)
• Exhibit A - Financial Report.pdf (2.88 MB)
• Exhibit B - Single Audit Report.pdf (0.75 MB)

7.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and provide staff direction regarding employee engagement initiatives across the City of Burleson. (Staff Contact: Eric Oscarson, Deputy City Manager)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 - Staff Presentation.pdf (1.79 MB)

2. B.Receive a report, hold a discussion, and provide staff direction regarding the City’s current investment process. (Finance Committee recommended approval.) (Staff Contact: Harlan Jefferson, Deputy City Manager)

• Exhibit 1 - Department Memo - Investment Report (2).pdf (0.06 MB)
• Exhibit 2 - Presentation Investment (3).pdf (0.97 MB)

8.CITY COUNCIL REQUESTS AND FUTURE AGENDA ITEMS AND REPORTS

9.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

-Human Resources Department Complaint No. 2023-0001 and No. 2023-0002, including any settlements related thereto

-City sales tax received from the state comptroller and LoveSac

CERTIFICATE

I hereby certify that the above agenda was posted on this the 13th of March 2024, by 5:30 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.