City Council Regular Meeting 10/07/2024 05:30 PM City Hall Council Chambers, 141 W. Renfro

1.CALL TO ORDER

Invocation

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 October 2024, as "Cyber Security Awareness Month" in the City of Burleson. (Recipient: Hugo Rodriguez, Deputy Chief Technology Officer)

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 A.Items to be continued or withdrawn.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 B.Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance.

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 September 23, 2024 regular council meeting. (Staff Contact: Amanda Campos, City Secretary)

• Exhibit 1 - Department Memo 10.07.pdf (0.05 MB)
• Exhibit 2 - Draft Minutes 2024-09-23.pdf (0.27 MB)

2. B.Consider approval of a professional services agreement with Kimley-Horn and Associates, Inc. for design of pedestrian improvements along the north side of Renfro Street, from northwest of SW Wilshire Blvd/SH 174 to N. Wilson Street, in the amount of $129,035.00. (Staff Contact: Eric Oscarson, Deputy City Manager)

• Exhibit 1 Department Memo-Eng Services Contract KH.pdf (0.08 MB)
• Exhibit 2- Staff Presentation-Eng Services Contract KH.pdf (2.30 MB)
• Exhibit 3 - Professional Engineering Services Contract KH.pdf (0.38 MB)
• Exhibit 4 - Form 1295.pdf (0.12 MB)

3. C.Consider approval of a professional services agreement with Teague Nall and Perkins, Inc. for design of pedestrian improvements for Vaughn Drive in the amount of $76,000. (Staff Contact: Eric Oscarson, Deputy City Manager)

• Exhibit 1 Department Memo-Eng Services Contract TNP.pdf (0.08 MB)
• Exhibit 2- Staff Presentation-Eng Services Contract TNP.pdf (2.96 MB)
• Exhibit 3-Professional Services Agreement TNP.pdf (1.00 MB)
• Exhibit 4- Form 1295 Certificate_TNP_Redacted.pdf (0.13 MB)

4. D.Consider approval of a one year renewal to agreement CSO#1849-09-2021 with CERES Environmental Services, Inc. for debris clearance and disposal services which may be required in the event of a disaster, including the option for the City Manager to authorize renewals administratively. (Staff Contact: Joe Laster, Emergency Operations Manager) 

• Exhibit 1- Department Memo.pdf (0.05 MB)
• Exhibit 2-Ceres Renewal (1) (2) (1).pdf (0.91 MB)
• Exhibit 3- Contract.pdf (0.57 MB)
• Exhibit 4- 1295.pdf (0.34 MB)
• Exhibit 5- CSO Form.pdf (0.03 MB)

5. E.Consider approval of an interlocal agreement with the City of Mansfield for jail services for five (5) years in the amount not to exceed $756,221.30. (Staff Contact: Wes Routson, Support Bureau Lieutenant)

• Exhibit 1-CON-Mansfield Jail 2024-2025 (3).pdf (0.06 MB)
• Exhibit 2 - Interlocal with Mansfield for Jail Services Presentation - City Council Meeting 10-07-2024 (2).pdf (0.12 MB)
• Exhibit 3 - Mansfield Jail Interlocal Agreement Sgn.pdf (1.42 MB)

6. F.Consider approval of a resolution authorizing the City Manager to execute all necessary documents and make necessary expenditures to enter and close on a real estate contract with Virk Firm LLC, as seller, to purchase fee simple title to approximately 3.1063 acres of land, out of the Sarah Gray Survey No. 558 in Tarrant County, Texas. (Staff Contact: Eric Oscarson, Deputy City Manager)

• Exhibit 1 - Department Memo - Agenda Packet Property Real Estate Purchase.pdf (0.06 MB)

7. G.Consider approval of a resolution authorizing the City’s 2025 membership application to the Electric Reliability Council of Texas (ERCOT); and authorizing the City Manager to vote on behalf of the City in all ERCOT elections. (Staff Contact: Matt Ribitzki, Sr. Deputy City Attorney/Director of Legal Services)

• Exhibit 1 - Department Memo - ERCOT.pdf (0.06 MB)
• Exhibit 2 - Presentation ERCOT.pdf (0.09 MB)
• Exhibit 3 - Resolution - ERCOT.pdf (0.03 MB)

8. H.Consider approval of a contract with Safeware Inc., for the purchase of a 20 foot, four (4) station combination restroom and shower trailer through a cooperative purchasing agreement with Sourcewell Vendor Contract #080922-SAF PS & EM, in the amount of $74,705.88 (Staff Contact:  Casey Davis, Fire Chief)

• Exhibit 1 - Agenda Memo_Station 1 Trailers (1) (2) (2).pdf (0.05 MB)
• Exhibit 2 - PPT Shower Trailer (1) (1).pdf (2.27 MB)
• Exhibit 3 - Signed Contract.pdf (0.61 MB)
• Exhibit 4 - 1295 Form Safeware.pdf (0.12 MB)

9. I.Consider approval of a recommendation from the Community & Intergovernmental Relations Council Committee regarding attendance for Places 3, 5 and 9 and consider approval of a minute order reappointing Place 4, Christian Schott, on the Park Board. (Staff Contact: Lisandra Leal, Assistant City Secretary)

• Exhibit 1 Staff Memo.pdf (0.05 MB)
• Exhibit 2 - Staff Presentation.pdf (0.24 MB)

10. J.Consider approval amending Resolution CSO#5428-03-2024, the Special Local Option Election Order to legalize the legal sale of all alcoholic beverages for off-premise consumption only by updating Section 2 Early Voting and Ballot by Mail. (Staff Contact: Monica Solko, Deputy City Secretary)

• Exhibit 1 - Department Memo Amending Resolution Order LOE.pdf (0.05 MB)
• Exhibit 2 - Presentation Amending Resolution Order LOE.pdf (0.13 MB)
• Exhibit 3 - Resolution Amending Order (redline).pdf (0.03 MB)
• Exhibit 3 - Resolution Amending Order.pdf (0.03 MB)
• Exhibit 4 - Exhibit A Johnson Cnty EV Amending Resolution Order LOE.pdf (0.11 MB)
• Exhibit 4 - Exhibit B Tarrant Cnty EV Amending Resolution Order LOE.pdf (0.32 MB)

11. K.ETJ Release Petition for 2124 N Cummings Dr (Case 24-260): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 68.652 acres of land known as Part of Tracts II and III and all of Tracts IV, V, and VI WM Phipps. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case 24-260).pdf (0.05 MB)
• Exhibit 2 - Location Map (Case 24-260).pdf (2.02 MB)
• Exhibit 3 - Petition (Case 24-260).pdf (0.30 MB)
• Exhibit 4 - DA Bruner Robert (Case24-260).pdf (0.74 MB)

12. L.ETJ Release Petition for 5000 CR 711 (Case 24-261): Consider denial of a petition for release  from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 19.431 acres of land  known as all of lots 2 &3, BLK A of the TRSC Highpoint Addition also known as TR 6, 6A 12C &  12F Hiram Lewis Survey. (Staff Contact: Tony McIlwain, Development Services Director) (No  Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case 24-261).pdf (0.05 MB)
• Exhibit 2 - Location Map (Case24-261).pdf (2.00 MB)
• Exhibit 3 - Petition (Case24-261).pdf (0.39 MB)
• Exhibit 4 - DA Selma & Mamie Goodnight - 2337 (Case24-261).pdf (0.97 MB)
• Exhibit 5 - DA Selma & Mamie Goodnight - 2338 (Case24-261).pdf (0.96 MB)

6.DEVELOPMENT APPLICATIONS

1. A.Basden Steel Corporation and Renfro Street Holdings, Ltd. at 1550 S Burleson Blvd and 139 N Briaroaks Rd, disannexation Petition (Case 24-270): Consider approval of an ordinance for disannexation of approximately 8.550 acres of land located within the Corporate City Limits of the City of Burleson. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)

• Exhibit 1 - Department Memo (Case24-270).pdf (0.06 MB)
• Exhibit 2 - Presentation (Case 24-270).pdf (6.11 MB)
• Exhibit 3 - Proposed Ordinance - Disannexation.pdf (0.03 MB)
• Exhibit 4 - Disanexation Petition (Case24-270).pdf (1.69 MB)
• Exhibit 5 - Annexation Ordinance A-290.pdf (5.30 MB)

7.GENERAL

1. A.Consider approval of an interlocal agreement with the Burleson Independent School District (BISD) to provide eleven (11) school resource officers for the fiscal year 2024-25 in the amount of $1,036,996. (Staff Contact: Wes Routson, Police Lieutenant)

• Exhibit 1-Department Memo - F2024-25 SRO InterLocal with BISD - 10-7-2024.pdf (0.06 MB)
• Exhibit 2 - SRO Inter-Local Agreement Presentation for Council F2024-25 - Council Meeting 10-07-2024.pdf (0.14 MB)
• Exhibit 3 - SRO BISD Inter-Local Agreement F2024-25 - BISD Signed - Council Meeting 10-07-2024.pdf (0.23 MB)
• CSO Document Processing Form - SRO Interlocal with BISD - F2024-25.pdf (0.02 MB)

8.REPORTS AND PRESENTATIONS

1. A.Receive a report, hold a discussion, and provide staff direction on changes to the city’s benefit plans for 2025. (Staff Contact: Cheryl Marthiljohni, Director of Human Resources)

• Exhibit 1 - Department Memo.pdf (0.06 MB)
• Exhibit 2 FY25 Health Fund and Benefit Options Presentation.pdf (1.52 MB)

9.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.

1. A.Consider approval amending resolution CSO#5606-09-2024 establishing the City Council’s priorities for the 89^th Legislative Session by updating Exhibit A (Staff Contact: Janalea Hembree, Assistant to the City Manager)

• Exhibit 1 - Department Memo 10.7.pdf (0.06 MB)
• Exhibit 2 - Resolution - Legislative Policy.pdf (0.02 MB)
• Exhibit 3 - Legislative Policy Update Red-Line.pdf (0.03 MB)

10.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS AND REPORTS

11.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

-Chapter 380 and Economic Development and Performance Agreement for Public and Private Improvements in Tax Increment Financing Reinvestment Zone Number Two dated December 14, 2020, between the city of Burleson, the Burleson 4A Economic Development Corporation, the Tax Increment Financing Reinvestment Zone Number Two, and BTX Old Town, LLC

-Case 3:23-CV-00948-K, Mark Eder v. City of Burleson in the U.S. District Court, Northern District of Texas, Dallas Division

-First Amended 380 and Development Agreement for Public and Private Improvements in Reinvestment Zone Number Two dated September 9, 2020, between the city of Burleson, the Tax Increment Financing Reinvestment Zone Number Two, and Realty Capital Management, LLC 

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

 

12.ADJOURN

CERTIFICATE

I hereby certify that the above agenda was posted on this the 2nd of October 2024, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.