February 17, 2014 - City of Burleson

1 downloads 149 Views 2MB Size Report
Feb 17, 2014 - A. Minutes from the February 3, 2014 regular Council session. (Amanda. McCrory) ..... Final plat of 104 l
AGENDA BURLESON CITY COUNCIL February 17, 2014 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028

WORKSESSION – 6:00 p.m. Call to Order 1. Discussion of Old Town Landscaping and Hardscape improvements along Main Street and Ellison Street. (Justin Bond) 2. Presentation of the annual audit for the fiscal year ended September 30, 2013. (Rhett Clark) 3. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 4. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. REGULAR SESSION – 7:00 p.m. Call to Order Invocation – Burleson Christian Ministerial Alliance Pledge of Allegiance 1. Presentations A. Proclamations B. Presentations • Presentation to Fire Department in appreciation for assistance during December ice storm. (Medstar) • Presentation to Kevin Freeman for TIPs submission. (Council) C. Community Interest Items This is a standing item on the agenda of every regular meeting of the City Council. (The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of the city council may receive from municipal staff, and a

Burleson City Council Agenda February 17, 2014 Page 2 of 5 member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed.” The Open Meetings Act does not allow Council to discuss an item concerning pending City Council business unless it is specifically, appropriately posted on the agenda). An “item of community interest” includes the following: • • • • •

expressions 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 a city official or city employee; and announcements involving imminent public health and safety threats to the city.

D. Citizen Appearances (Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and City Council members are prevented from discussion of the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing). Items to be continued or withdrawn. Items to be withdrawn from the consent agenda for separate discussion. 2. 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 unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations. General Minutes from the February 3, 2014 regular Council session. (Amanda A. McCrory) B.

Financial Transactions. (Rhett Clark)

Ordinances & Resolutions and Other Related Items C. Ordinance C-761-14, changing the zoning from Multi-Family 2 (MF2) District to Commercial (C) District on 7.023 acres of land for a future Kroger Food Store located adjacent to Burleson Commons (near FM731 & Wilshire). (Case 13089) (Final Reading) (Bradley Ford) D.

Ordinance B-771-07(C0214) Amending the 2009 International Fire Code by Providing Revised Regulations for Automatic Sprinkler Requirements in One and Two Family Dwellings. (Final Reading) (Stacy Singleton)

Burleson City Council Agenda February 17, 2014 Page 3 of 5 Contracts & Agreements and Other Related Items Annual contract renewal for Janitorial Services. (ITB 2013-007) (Rhett Clark) E. Other Items for Consideration F. Minute Order MO-12-148(B0214), accepting the annual audit for the fiscal year ended September 30, 2013. (Rhett Clark) 3. Public Hearings and Other Related Items A. Public Hearing and Consideration of Ordinance B-806-14, amending Chapter 2 Burleson Code of Ordinances creating Section 2-4 Ordinance Amendments; exceptions. (Amanda McCrory) 4. Ordinances & Resolutions and Other Related Items A. Ordinance C-632-07(J0214), amending the 2013-2014 Budget to add police equipment, economic development incentive funds, engineering staff, and golf course equipment. (First Reading) (Rhett Clark) 5. Contracts & Agreements and Other Related Items A. No items for consideration. 6. Other Items for Consideration A. No items for consideration. 7. Reports & Discussion Items A. Continuation of Discussion Agenda Items from Work Session. B.

City Council Committees This is a standing item on the agenda of every regular meeting of the Council so that the Staff and Council Committee Members may make a report to the full body of the City Council. (The City Council has established committees of the Council that meet from time-to-time to consider recommendations to forward to the full body of the City Council regarding business of the City. The committees are as follows: Appointments & Council Policies Committee; Community & Intergovernmental Relations Committee; Community Services Committee; Finance & Internal Services Committee; Governance & Stewardship Committee; Infrastructure & Development Committee; Public Safety & Court Committee. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act).

8. Executive Session A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

Burleson City Council Agenda February 17, 2014 Page 4 of 5

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

CERTIFICATE I hereby certify that the above agenda was posted on this the 14 of February 2014, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

Amanda McCrory Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spaces are also available in that area. 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 1800-735-2989.

Burleson City Council Agenda February 17, 2014 Page 5 of 5 EXECUTIVE SESSION The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas: 1. Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney: The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following: • Southwestern Bell Telephone Company, et al v. City of Burleson, Cause No. C2012-00205. • Joseph Van Velzor vs. City of Burleson, Civil Action No. 3:12-cv-2508. • Claims against the City • Seek advice of city attorney on legal issues related to: 1. Cemetery options 2. Hwy. 174 improvements. 2.

Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property. • Right of way acquisition for roadway, trails and utility line extension. • Purchase or lease of property for municipal and/or park use. • Purchase, lease, exchange or value of municipal property.

3.

Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.

4.

Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, contract and duties of the Municipal Judge, City Prosecutor, City Attorney, City Secretary, City Manager, and Police Chief.

5.

Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit.

6.

Pursuant to Sec. 551.087, to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to said business prospect.

7.

Pursuant to Sec. 418.0183(f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts (must be tape recorded).

February 17, 2014 1C-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

Community Interest Items.

Council Action Requested: There is no action required of council; these items are for general discussion. Background Information: This is a standing item on the agenda of every regular meeting of the Council. The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of the city council may receive from municipal staff, and a member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed.” The law provides that an “item of community interest” includes the following: • • • • •

expressions 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 a city official or city employee; and, announcements involving imminent public health and safety threats to the city.

The Open Meetings Act does not allow Council to discuss an item concerning pending City Council business unless it is specifically, appropriately posted on the agenda. Board/Citizen Input: N/A Financial Considerations: N/A Attachments: N/A Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

February 17, 2014 1D-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

Citizen Appearances.

Council Action Requested: Background Information: Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the City Staff and City Council members are prevented from discussing the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing.

Board/Citizen Input:

Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments:

Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

February 17, 2014 2A - 1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Amanda McCrory, City Secretary

Date:

February 17, 2014

Subject:

Minutes from the February 3, 2014 regular Council session.

Council Action Requested: Approve the minutes from the February 3, 2014 regular Council session. Background Information:

Board/Citizen Input:

Financial Considerations:

Attachments: Minutes of the February 3, 2014 regular Council session Staff Contact: Amanda McCrory City Secretary 817-426-9660

February 17, 2014 2A - 2

BURLESON CITY COUNCIL REGULAR SESSION February 3, 2014 DRAFT MINUTES Roll Call: Council present: Stuart Gillaspie (6:26pm) Rick Green Jerry Allen Ken Shetter Dan McClendon Matt Aiken Ronnie Johnson

Council Absent:

Staff Dale Cheatham, City Manager Amanda McCrory, City Secretary Allen Taylor, City Attorney WORKSESSION – Mayor Shetter Call to Order: 6:10pm 1.

Nature Trail – Shannon Creek (Peter Krause)

Peter Krause, Director of Parks & Recreation presented to council the Shannon Creek Nature Preserve. 2.

Sprinkler System Requirements (Stacy Singleton)

Stacy Singleton, Fire Marshal presented to council the residential requirements for Sprinkler Systems for over 6,000 square feet. Discussion of items listed on tonight’s city council agenda. 4B. Ordinance B-582 (P0114), a request to amend Appendix B, Zoning Ordinance, Article V by amending Section 66 MF1, Multi-Family Dwelling District; and amending Section 67 MF2, Multi-Family Dwelling District (Final Reading); and Ordinance B-792-10 (C0114) amending Appendix C Urban Design Standards of the Code of Ordinances, City of Burleson, to add Article VIII Multi-Family Design Standards (Final Reading). (Bradley Ford) Bradley Ford, Director of Development Services presented a work session discussion on Item 4B posted on regular agenda with the following options: Option 1: Add an “alternate design standard” that permits up to 70% of non-masonry materials to be utilized when done with a definitive, consistent architectural style.

February 17, 2014 2A - 3 Option 2: Add use of wood siding, wood simulation materials, architectural metal panels, fiber reinforced cement siding / panels to design standards at a maximum of 25% of total exterior surface. Option 3: Leave as it and require alternative building materials to request Planned Development – PD zoning 3.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting

None 4.

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

February 17, 2014 2A - 4

REGULAR SESSION – Call to order – Time: 7:05pm Invocation – Stacy Singleton, Fire Marshal Pledge of Allegiance – Presentations 1A.

Proclamations.

1B.

Presentations



1C. • • • • 1D.

Aaron Russell presented the Prize drawing for Utility Customer Incentive Program for the month February the winner was The Boys and Girls Club. Community Interest Items. Council enjoyed and appreciated the Police and Fire Department Banquets Feb. 8 Valentines Dance for Father/Daughter & Mother/Son at the Brick Feb. 18 City of Character Lunch Feb. 20 BACC Chamber Award Luncheon Citizen Appearance

Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. Consent Agenda 2A.

Minutes from the January 21, 2014 regular session. McCrory)

(Amanda

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2B.

Financial Transactions.

No transactions 2C.

Ordinance C-759-14, Changing the Zoning from Single Family 7 (SF7) District to Single Family Attached (SFA) District for Galaxy Townhomes to be located on NW Summercrest (adjacent to Dolce Living Burleson) (Case 13-081) (Final Reading) (Bradley Ford)

February 17, 2014 2A - 5

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2D.

Ordinance B-718 (A0114) amending Chapter 14, Businesses, Article II, Alcoholic Beverage Establishments, Division I and Division II of the Code of Ordinances (Final Reading);

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. Ordinance B-717 (A0114) amending Chapter 14, Businesses, Article IX, Sexually Oriented Businesses of the Burleson Code of Ordinances (Final Reading); Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. Ordinance B-582 (O0114), a request to amend Ordinance B-582, the Zoning Ordinance, to reference the sexually oriented business regulations of the City of Burleson (Final Reading) Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2E.

Resolution R-1247-14, calling the May 10, 2014, General Election for City of Burleson Mayor and Council Places 2, 4, and 6. (Amanda McCrory)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2F.

Resolution R-1248-14, approving a Joint Election Resolution with Burleson Independent School District (BISD), and approving the Joint Election Agreement for election services. (Amanda McCrory)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2G.

Lease Termination Agreement – Christopher Walton, DDS (Dale Cheatham)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve.

February 17, 2014 2A - 6

Motion passed 7-0. 2H.

Lease Termination Agreement – Betty Eitel, PhD. (Dale Cheatham)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2I.

Final plat of 104 lots for Galaxy Townhomes to be located on NW Summercrest (adjacent to Dolce Living Burleson). (Case 13-074) (Bradley Ford)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2J.

Minor plat of Lots 1 and 2, Block 1, Steelman Estates, being 6.11 acres of land out of the J.M. Zambrano Survey, Abstract 934, City of Burleson, Johnson County, located off of Houston Road approximately 400 feet east of E. Renfro Street. (Case 13-086) (Bradley Ford)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2K.

Final plat of Lots 1, 2 and 3, Block A, Wilshire Gardens, being 2.5 acres of land out of the J.W. Henderson Survey, Abstract 376, City of Burleson, Johnson County, located at the southeast corner of the SW Johnson Avenue and SE Gardens Boulevard intersection. (Case 13-087) (Bradley Ford)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. 2L.

Replat of 39.954 acres of land in the Seventh Day Adventist Addition to allow for construction of the Toyota Dealership at the northeast corner of Hidden Creek Parkway and IH-35W. (Case 13-088) (Bradley Ford)

Motion was made by Stuart Gillaspie and seconded by Jerry Allen to approve. Motion passed 7-0. Public Hearings and Related Ordinances

February 17, 2014 2A - 7 3A.

Public hearing and consideration of Ordinance C-761-14, changing the zoning from Multi-Family 2 (MF2) District to Commercial (C) District on 7.023 acres of land for a future Kroger Food Store located adjacent to Burleson Commons (near FM731 & Wilshire). (Case 13089) (First Reading) (Bradley Ford)

Bradley Ford, Director of Development Services present 3A. Ordinance C-761-14 (Case 13-089), 3B. Commercial Site Plan for Kroger Burleson (Case 13-090), and 3C. Preliminary Plat for Wilshire West Addition located south of NW John Jones Drive (Case 13-090) Mayor Shetter continued the public hearing. Time: 7:24pm Michael Clark, 6750 Hillcrest Plaza #325, Dallas, TX representative from Kroger present to answer any questions. Presented a new sign plan Mayor Shetter closed the public hearing. Time: 7:30pm Motion was made by Matt Aiken and seconded by Rick Green to approve incorporating the new sign plan presented. Motion passed 7-0. 3B.

Commercial Site Plan for Kroger Burleson to be located south of the intersection of SE John Jones Drive and SW Wilshire Boulevard within Burleson Commons. (Case 13-090) (Bradley Ford)

Presented with items 3A and 3C. Motion was made by Matt Aiken and seconded by Jerry Allen with one change the sign that the applicant brought forward to night to be the used one. Motion passed 7-0. Michael Clark, 6750 Hillcrest Plaza #325, Dallas, TX 3C.

Preliminary Plat for Wilshire West Addition located south of NW John Jones Drive on the east side of SW Wilshire Boulevard (adjacent to Burleson Commons), in part to accommodate construction of a future Kroger Food Store. (Case 13-091) (Bradley Ford)

Presented with items 3A and 3B. Motion was made by Matt Aiken and seconded by Dan McClendon to approve. Motion passed 7-0. Ordinances & Resolutions and Other Related Items

February 17, 2014 2A - 8 4A.

Discussion and Consideration of Revisions to Ordinance B-77107(B1112) (codified as Chapter 38 “Fire Prevention and Protection” of the City of Burleson Code of Ordinances, which Adopted the 2009 International Fire Code) to Provide Alternative Methods of Addressing Automatic Sprinkler Requirements in Buildings with a Building Area Larger than 6,000 Square Feet (First Reading) (Stacy Singleton)

Stacy Singleton, Fire Marshal presented to council Ordinance B-771-07(B1112). Brock Johnston, 9810 Tanterra, Burleson, TX currently building a home that will be affected by current ordinance. There is a cost concerned and cosmetic look. Motion was made by Ronnie Johnson and seconded by Matt Aiken to approve for Option 2: 6,000 sq. ft. of “conditioned space” and add a waiver provision for applicants to provide alternative fire suppression. Motion passed 6-0. Rick Green abstain 4B.

Ordinance B-582 (P0114), a request to amend Appendix B, Zoning Ordinance, Article V by amending Section 66 MF1, Multi-Family Dwelling District; and amending Section 67 MF2, Multi-Family Dwelling District (Final Reading); and Ordinance B-792-10 (C0114) amending Appendix C Urban Design Standards of the Code of Ordinances, City of Burleson, to add Article VIII Multi-Family Design Standards (Final Reading). (Bradley Ford)

Bradley Ford, Director of Development Services presented to council Ordinances B-582(P0114) and B-792-10(C0114). Motion was made by Dan McClendon and seconded by Jerry Allen to approve using Option 1: Add an “alternate design standard” that permits up to 70% of non-masonry materials to be utilized when done with a definitive, consistent architectural style. Motion passed 7-0. Contracts & Agreements and Other Related Items 5A.

No items for consideration

Other Items for Consideration 6A.

Commercial Site Plan for Park Plaza Building 6 to be located at 765 NW Summercrest Blvd. (Case13-082) (Bradley Ford)

February 17, 2014 2A - 9 Bradley Ford, Director of Development Services presented to council Commercial Site Plan for Park Plaza Building 6 to be located at 765 NW Summercrest Blvd. (Case13-082) Motion was made by Dan McClendon and seconded by Ronnie Johnson to approve. Motion passed 7-0. 7. Reports & Discussion Items 7A.

Police Department 2013 4th Quarter Report. (Doug Sandifer)

Doug Sandifer, Deputy Police Chief reported the 2013 4th Quarter Report for Crimes. 7B.

Continuation of Discussion Agenda Items from Work Session.

None 7C.

City Council Committees.

This is a standing item on the agenda of every regular meeting of the Council so that the Staff and Council Committee Members may make a report to the full body of the City Council. (The City Council has established committees of the Council that meet from time-to-time to consider recommendations to forward to the full body of the City Council regarding business of the City. The committees are as follows: Appointments & Council Policies Committee; Community & Intergovernmental Relations Committee; Community Services Committee; Finance & Internal Services Committee; Infrastructure & Development Committee; Public Safety & Court Committee. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act.)

Executive Session 8A.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, 551.076. Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

Motion was made by Matt Aiken and seconded by Jerry Allen to convene into executive session. Motion passed 7-0. Time: 8:36pm Motion was made by Jerry Allen and seconded by Rick Green to reconvene into open session.

February 17, 2014 2A - 10

Motion passed 7-0. Time: 10:07pm There being no further discussion Mayor Shetter adjourned the meeting. Time: 10:07pm _____________________________ Amanda McCrory City Secretary

February 17, 2014 2B -1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Rhett Clark, Director of Finance

Date:

February 17, 2014

Subject:

Financial Transactions.

Council Action Requested: Approve financial transactions.

Background Information: The City Charter requires payments and requisitions $25,000 and over be approved by City Council. The following are transactions entered as of the publication of this agenda. Additional transactions requiring Council approval will be enclosed in Council folders the night of the Council meeting.

Board/Citizen Input:

Financial Considerations: Please review each individual financial transaction for financial considerations.

Attachments: Financial transactions from January 30, 2014 through February 13, 2014 Staff Contact: Rhett Clark, Director of Finance 817-426-9651 [email protected]

February 17, 2014 2B -2

CITY OF BURLESON FINANCIAL TRANSACTIONS February 17, 2014, 2014 1b.-1 VENDOR NAME

DESCRIPTION

AMOUNT

FUND

DEPT

GF

POLICE

FUND

DEPT

REQUISITIONS OVER $25,000: COBAN RESEARCH & TECHNOLOGY

UPGRADE POLICE VEHICLE RECORDING SYSTEMS

VENDOR NAME

DESCRIPTION

PAYMENTS OVER $25,000:

25,700.00

AMOUNT

February 17, 2014 2C– 1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Bradley Ford, Development Services Director

Date:

February 17, 2014

Subject:

Ordinance C-761-14, changing the zoning from Multi-Family 2 (MF2) District to Commercial (C) District on 7.023 acres of land for a future Kroger Food Store located adjacent to Burleson Commons (near FM731 & Wilshire). (Case 13-089) (Final Reading)

Council Action Requested: Approval of Ordinance C-761-14 for a zoning change from Multi-Family 2 (MF2) District to Commercial (C) District for 7.023 acres of land out of the Joshua Minett Survey, Abstract 548, City of Burleson, Johnson County, Texas, located south of NW John Jones Drive on the east side of SW Wilshire Boulevard. Located directly adjacent to Burleson Commons on the south, the subject property will be combined with an existing lot within the Burleson Commons subdivision, and replatted into a 13.38 acre lot that will be the site of the future Kroger Food Store. (Case 13-089)

Background Information: City Council unanimously approved this item on first reading with a 7-0 vote on February 3, 2014.

The Planning and Zoning Commission recommended approval of this item with a unanimous vote of 5-0 on January 23, 2014.

On December 2, 2013, Winkelmann & Associates, Inc., representative of the owner, submitted a zoning change request application in preparation for the construction of a new Kroger Food Store to be located within the Burleson Commons shopping center. The 6.568 acre section has a current zoning designation of Multi-Family 2, and the applicant is requesting a change to a Commercial zoning designation. A Preliminary Plat is being processed concurrently with this zoning change request along with a

February 17, 2014 2C– 2 commercial site plan application for the new construction. The Preliminary Plat is for a 61.452 acre tract that the subject property is located within. A 60’ ROW labeled as “Street A” on the Preliminary Plat separates this 6.568 acre section from the remaining 54.884 acres, and will provide an access point into the Burleson Commons shopping center from SW Wilshire Blvd. The subject property will be combined with an existing lot within the Burleson Commons subdivision, and replatted into a 13.38 acre lot that will be the site of the future Kroger Food Store.

Planning Analysis: Surrounding Land Uses:

The subject property is surrounding by properties zoned

Commercial to the north and west, Multi-Family 2 to the south, and Commercial and Agricultural to the east. Burleson Commons shopping center is located to the north, and the Burleson Premiere Cinema is located directly adjacent to northeast of the proposed new building. The land to the south and west is currently undeveloped.

Imagine Burleson: Roadmap to 2030 Comprehensive Plan: This property is located in an area on the Future Land Use map designated as Main Street Commercial Corridor. The main focus of a Main Street Commercial Corridor, as defined by the comprehensive plan, is pedestrian, retail, and office activity with some mixed use and residential uses. Changing the zoning of this property to Commercial (C) zoning designation is in line with the goals and visions of the Imagine Burleson: Roadmap to 2030 Comprehensive Plan.

Board/Citizen Input: On January 3, 2014, staff mailed eleven (11) public notices to ten (10) adjacent property owners whose land is located within 200’ of the proposed zoning area. Notice was also published in the Burleson Star on January 8, 2014. Financial Considerations: There is no expenditure of municipal funds associated with this item.

February 17, 2014 2C– 3 Attachments: 1.

Location Map

2.

Aerial Map

3.

Zoning Map

4.

Draft Ordinance C-761-14

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

February 17, 2014 2C– 4 Attachment 1 Location Map

February 17, 2014 2C– 5 ATTACHMENT 2 Aerial Map

ZONING AREA

February 17, 2014 2C– 6 Attachment 3 Zoning Map

February 17, 2014 2C– 7 Attachment 4 DRAFT ORDINANCE C-761-14

AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON APPROXIMATELY 7.023 ACRES (THE ZONING AREA) LAND OUT OF THE JOSHUA MINETT SURVEY, ABSTRACT 548, CITY OF BURLESON, JOHNSON COUNTY, TEXAS; FROM MULTI-FAMILY 2 (MF2) DISTRICT

TO

COMMERCIAL

(C)

DISTRICT;

MAKING

THIS

ORDINANCE

CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, an application for a zoning change was filed by property owner Wilshire Joint 174 Venture on December 2, 2013, under Case Number 13-089; and

WHEREAS, the City of Burleson has complied with the notification requirements of the Texas Local Government Code and the Burleson Zoning Ordinance; and

WHEREAS, the City Council and Planning and Zoning Commission have held a public hearing and the Planning and Zoning Commission has made a recommendation on the proposed zoning amendment; and

WHEREAS, the City Council has determined that the proposed zoning ordinance amendment is in the best interest of the City of Burleson.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

February 17, 2014 2C– 8 SECTION 1 The Official Zoning Map is hereby amended insofar as it relates to certain land as described by 7.023 ACRES (THE ZONING AREA) land out of the JOSHUA MINETT SURVEY, ABSTRACT 548, City of Burleson, Johnson County, Texas, in Exhibit A, by changing the zoning of said property from Multi-Family 2 (MF2) District to Commercial (C) District.

SECTION 2 CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Burleson, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the provisions of the City of Burleson's various development ordinances conflict with this ordinance, the terms of this ordinance shall control. SECTION 3 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 4 PENALTY CLAUSE Any person, firm, association of persons, company, corporation, or their agents, its servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than

February 17, 2014 2C– 9 two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State Law, and the power of injunction as provided in Texas Local Government Code 54.012 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed. SECTION 5 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the___________ day of __________ 2014.

____________________________ Mayor ATTEST:

___________________________ City Secretary

First Reading: ________________

February 17, 2014 2C– 10 EXHIBIT A STATE OF TEXAS § COUNTY OF JOHNSON § BEING a tract of land situated in the JOSHUA MINETT SURVEY, ABSTRACT NO.548, in the City of Burleson, Johnson County, Texas, and being a portion of land described in deed to Wilshire 174 Joint Venture as recorded in Volume 2433, page 135 of the deed records of Johnson County Texas (DRJCT) and being more particularly described as follows: BEGINNING at the South Western corner of Lot 6, Block 1 of the Burleson Commons Addition, an addition to the city of Burleson as recorded in Volume 10, Page 62, Slide D. Of the Plat Records of Johnson County, Texas (PRJCT) THENCE South 45 deg 15 min 37 sec East, a distance of 177.37 feet to a point for corner; THENCE South 45 deg 10 min 13 sec East, a distance of 727.94 feet to a point for corner; THENCE North 87 deg 23 min 48 sec East, a distance of 0.08 feet to a point for corner; THENCE South 45 deg 08 min 22 sec East, a distance of 154.92 feet to a point for corner and the beginning of a curve to the Right having a radius of 463.90 feet, a central angle of 61 deg 04 min 26 sec, a chord bearing of North 87 deg 12 min 17 sec West, and a chord length of 471.41 feet; THENCE along said curve to the right, an arc distance of 494.49 feet to a point for corner; THENCE North 55 deg 25 min 04 sec West, a distance of 271.77 feet to a point for corner and the beginning of a curve to the Right having a radius of 200.76 feet, a central angle of 33 deg 32 min 14 sec, a chord bearing of North 38 deg 37 min 06 sec West, and a chord length of 115.84 feet; THENCE along said curve to the right, an arc distance of 117.51 feet to a point for corner and the beginning of a curve to the left having a radius of 320.87 feet, a central angle of 24 deg 03 min 24 sec, a chord bearing of North 29 deg 48 min 35 sec West, and a chord length of 133.74 feet; THENCE along said curve to the left, an arc distance of 134.72 feet to a point for corner and the beginning of a curve to the left having a radius of 244.00 feet, a central angle of 11 deg 47 min 04 sec, a chord bearing of North 49 deg 31 min 32 sec West, and a chord length of 50.10 feet; THENCE along said curve to the left, an arc distance of 50.19 feet to a point for corner; THENCE North 55 deg 25 min 15 sec West, a distance of 91.65 feet to a point for corner; THENCE North 34 deg 55 min 33 sec East, a distance of 340.28 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 7.023 acres or 305,924 square feet of land, more or less.

February 17, 2014 2D-1 Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Stacy Singleton, Fire Marshal

Date:

February 17, 2014

Subject:

Ordinance B-771-07(C0214) Amending the 2009 International Fire Code by Providing Revised Regulations for Automatic Sprinkler Requirements in One and Two Family Dwellings. (Final Reading)

Council Action Requested: Council is requested to Consider Ordinance B-771-07(C0214) providing revised regulations for Automatic Sprinkler Requirements in One and Two Family Dwellings. Previous Action: After staff presentation and Council deliberation on first reading (2/3/14), a motion was made and approved to adopt the ordinance with the following revisions for one and two family residential dwellings: 1. Define building area as 6,000 square feet of conditioned space; and 2. Provide for a procedure for Council consideration of a variance and/or waiver. These revisions have been incorporated into the attached ordinance. Background Information: (The information below was provided in the Feb. 3, 2014 Agenda Item Page)

On November 19, 2012, the City Council approved ordinance B-771-07(B1112) which adopted the 2009 International Fire Code (IFC) and local amendments approved and recommended by the Regional Codes Coordinating Committee (RCCC) of the North Central Texas Council of Governments. The RCCC is comprised of public and private code professionals from throughout the Metroplex.

Included within the local amendments is the following: 903.2.11.9 Buildings over 6,000 square feet. sprinkler

system

shall

be

installed

An automatic

throughout

all

buildings with a building area over 6,000 square feet.

For

February 17, 2014 2D-2 the purposes of this provision, fire walls shall not define separate buildings.

Exceptions:

1. Open parking garages in compliance with Section 406.3 of the International Building Code.”

This provision was not new in 2012. This requirement was first adopted when the City adopted the 2003 IFC on December 13, 2007. When the new Code was adopted in 2012, there was discussion of provisions that changed concerning automatic fire sprinklers in townhomes but there was no discussion of single family because it was unchanged since its 2007 adoption.

Section 202 of the IFC provides the following definitions: •

“Building: Any structure used or intended for supporting or sheltering any use or occupancy."



“Building Area: The area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.”

Based upon these definitions provided in the Code, the sprinkler requirement is applied to the total square footage of a building (regardless of use) that is under roof. Council has created a Building Codes and Standards Board charged with the duty and invested with the authority to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions” of Codes adopted by the Council. The Board has no authority relative to interpretation of the administrative provisions of the codes listed nor may the Board waive requirements of any of the codes. The Council has authority to amend, revise or delete portions of the Codes through local amendments or to grant waivers.

February 17, 2014 2D-3 Basis of the Amendment The reasons for requiring automatic sprinkler in buildings 6,000 square feet and larger are based on protection of life and property as well as fire suppression tactical priorities: life safety, fire control, and property conservation. •

Over 80% of fire deaths occur in the home. Home fire sprinklers can save lives and property from fire. To mitigate water damage, only the sprinkler closest to the fire will activate. (Source: National Fire Protection Association (NFPA))



There were 2,855 civilian fire deaths in 2012 of which 2,380 (83%) were due to fires in the home. The risk of dying in a reported home fire decreases by about 80% when the home is equipped with a fire sprinkler system. (Source: NFPA)



An NFPA study found when a fire sprinkler system is present in a home structure fire versus a home without a sprinkler system, there is a 65% reduction in firefighter injuries at the fireground per 1,000 home structure fires (from 73 firefighter fireground injuries per 1,000 fires to 25 firefighter fireground injuries per 1,000 fires). (Source: May 2012 NFPA Fire Analysis Report by John R. Hall)



Fire Departments typically use approximately 10 times as much water as a fire sprinkler system would use to contain a fire. (Source: Fire Protection Research Foundation Study 2010)



NCTCOG’s Code Committee, which includes public and private representatives in the building industry, has adopted as an amendment to the IFC that all buildings over 6,000 are required to have a fire sprinkler system installed. Many DFW cities have this requirement.



An automatic sprinkler system enables the homeowner to realize an estimated 15% Insurance discount on their homeowners insurance. (Source: US Fire Administration)



In FY 2012, the Burleson Fire Department responded to 20 structure fires. Of these, 20% of our structure fires occurred outside the “living area” of a residence.



In FY 2013, the Burleson Fire Department responded to 18 structure fires. Of these, 28% occurred outside the living area.



According to the 2012 annual NFIRS report (2013 has not been done), there were 505 fires in the State of Texas that occurred in vehicle storage areas, garages, and carports.



Fire operations at large residential fires are very similar to operations at commercial fires: 1. There are very large roof spans that could become unstable during a well involved fire and collapse which is a threat to firefighters. Unlike commercial structures, these larger residential homes do not have fire walls that separate areas in the attic. Also, most residential structures are “stick built” (wood) rather than metal (studs, trusses, etc.).

February 17, 2014 2D-4 2. Larger homes are often well off the road, making access to and around the home with hose lines and fire apparatus very difficult. BFD carries 200 ft. pre-connected lines. These may not be enough to reach and wrap a home or into a home for extinguishment. Time would have to be spent adding hose lines which adds weight and drag to the firefighters operating them. In many commercial buildings, BFD can carry lines inside and hook to standpipes if needed. 3. In larger homes, BFD may not be able to supply enough water to extinguish a fully involved fire simply because BFD may not have the fire apparatus and fire flow needed to do so. In such a case, it is likely the structure would be a total loss. In commercial buildings, sprinklers keep this from happening. Large, fully involved residential fires could also affect exposures (other homes) around it and potentially create exposure fires on adjacent properties. In any case, for large residential fires, mutual aid companies from other cities would have to be utilized, thus draining not only our resources, but other cities as well. 4. The three tactical priorities on any structure fire are life safety, fire control and property conservation. With very large unprotected residential fires, each of these becomes more difficult. Life safety includes the primary and secondary searches for people inside. Fire control is everything we do to extinguish the fire or prevent it from spreading, and property conservation is protecting the unburned property of the homeowners.

Questions About Current Amendment Staff has received inquiries concerning the need for automatic sprinkler systems in Single Family Detached residences which are 6,000 square feet and larger. Inquiries have also been made concerning staff’s interpretation & application of the Code. Though staff is comfortable its interpretation and application of the Code is correct given the definitions provided in the Code, it is the Council’s role to establish the Code including its definitions and application.

Options for Council’s Consideration: Based upon the inquiries received, staff suggests the following options for Council’s consideration (this list is not exhaustive; Council may take whatever action it deems appropriate):

February 17, 2014 2D-5 •

Option 1: Make no changes, leaving the Code as adopted.



Option 2: Revise the ordinance as follows (change shown in bold italic): 903.2.11.9 Buildings over 6,000 square feet. sprinkler

system

shall

be

installed

An automatic

throughout

all

buildings with a building area over 6,000 square feet.

For

the purposes of this provision, fire walls shall not define separate buildings.

Exceptions:

1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2.

For purposes of determining building area for Single

Family

Detached

“conditioned

buildings,

area”

which

it

is

shall

that

be

area

only

the

provided

with

heating and/or cooling systems or appliances capable of maintaining,

through

(20°C)

during

during

the

the

cooling

design

heating season,

or

heat

loss/gain,

season

and/or

or

a

has

80°F

fixed

68°F (27°C)

opening

directly adjacent to a conditioned area. This option would require automatic sprinkler systems in a single family detached residence in which the conditioned space is 6,000 square feet or more— excluding typically unconditioned spaces such as porches, garages, etc. from the building area calculation. •

Option 3: (change shown in bold italic) 903.2.11.9 Buildings over 6,000 square feet. sprinkler

system

shall

be

installed

An automatic

throughout

all

buildings with a building area over 6,000 square feet.

For

the purposes of this provision, fire walls shall not define separate buildings.

Exceptions:

1. Open parking garages in compliance with Section 406.3 of the International Building Code.

February 17, 2014 2D-6 2.

This

Detached

provision

shall

residential

not

apply

buildings

with

to

Single

Family

building

areas

smaller than 8,000 square feet. This option would require automatic sprinkler systems in a single family detached residence in which the building area (under roof) is 8,000 square feet or more but maintain the 6,000 square foot requirement for all other uses (i.e. industrial, commercial, multi-family, duplexes, single family attached, townhomes, etc.). •

Option 4: (change shown in bold italic) 903.2.11.9 Buildings over 6,000 square feet. sprinkler

system

shall

be

installed

An automatic

throughout

all

buildings with a building area over 6,000 square feet. For the purposes of this provision, fire walls shall not define separate buildings.

Exceptions:

1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Single family detached residential buildings This option would eliminate all single family residential detached buildings, regardless of size, from the automatic sprinkler requirement.

The above options, listed in order of city staff’s preference, are provided for Council’s discussion and consideration. These options should not be considered an exhaustive list. The City Council may select one of these options or provide other solutions as Council deems appropriate.

Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: Ordinance B-771-07(C0214)

February 17, 2014 2D-7 Staff Contact: Stacy Singleton, CFEI Fire Marshal 817-426-9174 [email protected] Bradley Ford Director of Development Services 817-426-9623 [email protected]

February 17, 2014 2D-8 ORDINANCE B-771-07 (C0214) AN ORDINANCE OF THE CITY OF BURLESON, AMENDING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE; PROVIDING FOR THE MODIFICATION OF THE CODE TO INCORPORATE LOCAL AMENDMENTS; PROVIDING FOR RECORDING OF THE CODE AS PUBLIC RECORD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Burleson is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Burleson previously adopted B-771-07 (B1112), adopting the 2009 International Fire Code, codified as Chapter 38, Article V; and WHEREAS, the City of Burleson is now adopting certain amendments to this Code to reflect locally accepted practice; and WHEREAS, the City Council has determined that the adoption of this code as amended herein is in the public interest and therefore deems it advisable to enact this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS: SECTION 1. That Chapter 38 of the Code of Ordinances, City of Burleson, Texas, is hereby amended to read as follows: Section 38-192. Amendments. The following sections of the International Fire Code are revised and amended to read as indicated below: 1.

903.2.11.9 Buildings over 6,000 square feet. An automatic sprinkler system shall be installed throughout all buildings with a building area over 6,000 square feet. For the purpose of this provision, fire walls shall not define separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. For purposes of determining building area for one and two family dwellings, it shall be only the “conditioned area” which is that area provided with heating and/or cooling systems or appliances capable of maintaining, through design or heat loss/gain, 68°F (20°C) during

February 17, 2014 2D-9 the heating season and/or 80°F (27°C) during the cooling season, or has a fixed opening directly adjacent to a conditioned area. 2. 903.2.11.9.a Variance or Waiver Process for One and Two Family Dwellings: Any party affected by this regulation may request a variance or waiver of the requirements set forth above. The City Council after due consideration of such application at a public meeting shall have the authority to vary or waive the requirements of this section upon a showing that the variance or waiver will not be detrimental to the public interest. In considering the granting of a variance or waiver the council shall evaluate the request by considering the following factors: 1. The design of the proposed structure to include the number of floors and the size and configuration of internal spaces. 2. The construction materials used in the exterior and interior portions of the structure. 3. The proposed use of fire retardant materials or equipment to be installed during the construction of the building. 4. The presence of fire protection or warning systems to be incorporated within the design and construction of the structure. 5. Any other information or evidence that would assist the City in evaluating safety risks to fire department personnel performing fire rescue or suppression activities in the event of an emergency at the building. An application for a variance or waiver shall be made to the Director of Development Services for presentation to the City Council. SECTION 2 The City of Burleson may from time to time determine that additional local modifications to the code adopted herein are necessary and appropriate to meet the unique needs of the City of Burleson. To effectuate modifications, the city council may enact individual ordinances amending this ordinance fully setting forth the changes to be made. Such subsequent amendments shall be consolidated as an exhibit to this ordinance, and shall be maintained as a public record in the office of the City Secretary, available for public inspection and copying during regular business hours. SECTION 3 If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable. SECTION 4 All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be

February 17, 2014 2D-10 only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance. SECTION 5 Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined no more than two thousand dollars ($2,000.00) and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law, and power of injunction as provided in V.T.C.A. Local Government Code § 54.016 and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. SECTION 6 All rights and remedies of the City of Burleson are expressly saved as to any and all violations of the provisions of any ordinances affecting Article V of Chapter 38 of the Burleson Code of Ordinances which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7 The City Secretary of the City of Burleson is hereby directed to publish notice in accordance with State law and as required by Section 36 of the City Charter. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.

February 17, 2014 2D-11 PASSED AND APPROVED this the ____________ day of _________________, 2014.

___________________________________ Mayor, Ken Shetter ATTEST: _____________________________________ City Secretary, Amanda McCrory First Reading: _________________________ Approved as to form: __________________________________ City Attorney

February 17, 2014 2E - 1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Sandy Bradley, CPPO, Purchasing Manager

Date:

February 17, 2014

Subject:

Annual contract renewal for Janitorial Services. (ITB 2013-007)

Council Action Requested: City Council is requested to renew the Annual Contract for Janitorial Services (ITB 2013-007) with Member’s Building Maintenance, Inc. for an annual cost of $76,885.52.

Background Information: City Council awarded the bid for Janitorial Services (ITB 2013-007) on February 18, 2013, in the amount of $76,885.52 to Member’s Building Maintenance, Inc. This is the first of two renewal options for this contract.

Board/Citizen Input: NA

Financial Considerations: Funds are budgeted for this in the General Fund and Hotel/Motel Fund (Account #0014016-435-4301 and 105-1021-564-4301).

Attachments: Attachment 1: Renewal Letter

Staff Contact: Sandy Bradley, CPPO, Purchasing Manager [email protected], 817-426-9653 Clay Montgomery, Facilities Manager [email protected], 817-426-9845

February 17, 2014 2E - 2

February 17, 2014 2F-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Rhett Clark, CPA, Director of Finance

Date:

February 17, 2014

Subject:

Minute Order MO-12-148(B0214), accepting the annual audit for the fiscal year ended September 30, 2013.

Council Action Requested: Council is requested to approve minute order MO-12-148(B0214), accepting the audit for the fiscal year ended September 30, 2013. Background Information: The Comprehensive Annual Financial Report (CAFR) will be presented at the Council meeting. A representative from the City’s outside auditing firm, Pattillo, Brown, and Hill, will present the audit to the Council. Board/Citizen Input: NA Financial Considerations: NA Attachments: Hard copies of the “Report to Management” and the “CAFR” will be provided at the Council meeting. Staff Contact: Rhett Clark, 817-426-9659

February 17, 2014 3A- 1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Amanda McCrory, City Secretary

Date:

February 17, 2014

Subject:

Public Hearing and Consideration of Ordinance B-806-14, amending Chapter 2 Burleson Code of Ordinances creating Section 2-4 Ordinance Amendments; exceptions.

Council Action Requested: 1. Conduct a Public Hearing 2. Consider Ordinance B-806-14, amending Chapter 2 Burleson Code of Ordinances, creating Section 2-4 Ordinance Amendments; exceptions Background Information: The City of Burleson held a Charter Amendment Election on November 5, 2013. On the ballot for consideration was an amendment to Section 36 of the Burleson City Charter. This amendment was listed as Proposition Number 3: Ordinances. Proposition Number 3 passed with a vote of 1,122 for and 549 against.

City Charter Section 36 “Procedures for passage of Ordinances” required every ordinance to be considered and approved at two separate session of the city council. The amendment added an exception to this requirement by allowing the City Council, by ordinance and after a public hearing, to identify types of ordinances that may be approved at only one session.

Staff presented to

Council at the January 21, 2014 Council meeting a list of types of ordinances to consider for this exception: • • • • • • • • •

Elections TIFs, Special Districts, Franchise City Organizational changes, i.e. combining departments Boundary Agreements Street Name and/or changes Bond issuances Closing alleys, roadways, abandoning right-of-way Speed limits and/or school zones Zoning cases

February 17, 2014 3A- 2 •

Budget/Tax Rate/Water & Waste Water/Solid Waste

The council considered this list and requested staff present the ordinance for exception for the following types of ordinances: • • • • • • • • •

Elections TIFs, Special Districts, Franchise City Organizational changes, i.e. combining departments Boundary Agreements Street Name and/or changes Bond issuances Closing alleys, roadways, abandoning right-of-way Speed limits and/or school zones Individual zoning case(s) that do not propose a change to the language of the Code of Ordinances, City of Burleson, Texas.

The attached ordinance amends Chapter 2 of the Code of Ordinances by creating Section 2-4 Ordinances Amendments; Exceptions.

The Council will

retain the ability to either remove or add type of ordinances to the list. If the Council desires to add to these types of ordinances, another public hearing and amendment to this ordinance is required. If the council desires to remove one of these types of ordinances, only an amendment is required.

Staff recommends these types of ordinances and believes these will help to streamline some process and create efficiencies. Staff will monitor the types of ordinances and make recommendation if needed to amend this list. Board/Citizen Input:

Financial Considerations:

Attachments: Ordinance B-806-14 Staff Contact: Amanda McCrory City Secretary 817-426-9660

February 17, 2014 3A- 3 ORDINANCE B-806-14 AN ORDINANCE AMENDING CHAPTER 2, “ADMINISTRATION”, OF THE CODE OF ORDINANCES, CITY OF BURLESON, TEXAS; PROVIDING EXCEPTIONS TO THE REQUIREMENT THAT ALL ORDINANCES AND ORDINANCE AMENDMENTS BE CONSIDERED AND APPROVED AT TWO SEPARATE SESSIONS OF THE CITY COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Burleson is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Burleson City Charter requires that all ordinances be considered and approved at two separate sessions of the City Council before taking effect; and WHEREAS, the Burleson City Charter was amended on November 5, 2013 to allow the City Council to establish exceptions to the requirement that all ordinances be considered and approved at two separate sessions of the City Council by determining types of ordinances that may be approved at only one session; and WHEREAS, the Burleson City Council finds that there are certain ordinances which should not require multiple readings in order to become effective; and WHEREAS, pursuant to the Burleson City Charter Section 36(b), a public hearing was held on February 17, 2014 to consider the ordinance herein establishing certain exceptions; and WHEREAS, the Burleson City Council finds that allowing certain exceptions to the requirement that all ordinances be considered and approved at two separate readings is in the best interest of the public health, safety, morals and general welfare of the citizens of Burleson. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS: SECTION 1. Chapter 2, “Administration,” Article I, “In General,” Section 2-4, “Ordinance Amendments; exceptions” of the Code of Ordinances, City of Burleson, Texas is hereby created to read as follows: “Section. 2-4. Ordinance Amendments; exceptions.

February 17, 2014 3A- 4

(a)

Unless otherwise required by state law, the following types of ordinances or ordinance amendments may be considered and approved at only one session of the City Council: (1) (2)

(3) (4) (5) (6) (7) (8) (9) (10)

(b)

Any ordinance concerning an election; Any ordinance related to the creation of a special district. The term “special district” includes, but is not limited to, a municipal utility district (MUD), a tax increment reinvestment zone (TIRZ), or a public improvement district (PID); Any ordinance concerning a franchise(s); Any ordinance concerning a City organizational change(s); Any ordinance concerning a boundary agreement(s); Any ordinance concerning a street name(s), including a change(s) to a street name(s); Any ordinance concerning closing of an alleyway(s), roadway(s), or abandoning a City-owned right-of-way(s); Any ordinance setting or changing the applicable speed limit(s) or creating a school zone(s); Any ordinance concerning a bond issuance(s); or Any ordinance concerning an individual zoning case(s) that does not propose a change to the language of the Code of Ordinances, City of Burleson, Texas.

Notwithstanding subsection (a) of this section, any ordinance that amends the language of the Code of Ordinances, City of Burleson, Texas must be considered and approved at two separate sessions of the City Council.” SECTION 2.

This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Burleson, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. This ordinance is consistent with and is not intended to repeal any provision in the zoning ordinance. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

February 17, 2014 3A- 5 SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ________________, 2014.

ON

Mayor: _________________________ Ken Shetter ATTEST: __________________________ Amanda McCrory, City Secretary

EFFECTIVE: _______________________ APPROVED AS TO FORM AND LEGALITY:

_________________________________ CITY ATTORNEY

FIRST READING: __________________

THIS

_____

DAY

OF

February 17, 2014 4A-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

Rhett Clark, CPA, Director of Finance

Date:

February 17, 2014

Subject:

Ordinance C-632-07(J0214), amending the 2013-2014 Budget to add police equipment, economic development incentive funds, engineering staff, and golf course equipment. (First Reading)

Council Action Requested: Request the Council: 1. Authorize the addition of one engineer position to the General Fund budget with offsetting charges to bond funds; and 2. Adopt the attached supplemental appropriations Ordinance C-632-07(J0214) for Fiscal Year 2013-2014 on first reading; and 3. Authorize the purchase of golf carts from E-Z-Go in the amount of $338,230 from equipment replacement fund, and the addition of a mower to the equipment replacement program.

Background Information: Engineering Staff The Engineering Department’s personnel expenses are paid from general fund dollars as well as from capital projects. Capital projects include those funded by property taxes, water/wastewater rates, and from Type 4A and Type 4B sales taxes. Work hours logged by Engineers, Inspectors, and Technicians on these capital projects are charged to the respective projects budgets. Typically, the amount of personnel expenses in the department varies from year to year according to the capital project workload. Historically, the percentage of personnel costs paid by capital projects has ranged from 46% to 61%. Currently, 55% of costs are to be paid by capital projects. Staffing in the department (excluding gas wells) has varied from 11 positions (07-08) to 7 today.

With the passage of the 2013 bond election and the ongoing capital projects in water, wastewater and by 4A and 4B, the Engineering Department is in need of hiring an

February 17, 2014 4A-2 additional engineer to work on capital projects and to provide support for other general engineering projects such as transportation and traffic planning, engineering questions from citizens, and coordination with the Public Works Department. This additional position will not increase the general fund budget. Capital project (bond) salary and benefit reimbursements in the department will increase from 55% to 61%.

These

expenses are included in the projected costs of capital projects.

Police Equipment Under the City’s equipment replacement program, City vehicles are not budgeted for replacement unless, during budget development, they are outside the cost/value parameters established by Equipment Services. A contingency amount is budgeted for equipment that falls outside those parameters during the year. At the City Council meeting of November 11, 2013, Council authorized utilizing a portion of this contingency to purchase a vehicle for the Police CVE program. Since that time, two police vehicles have fallen outside the replacement parameters. At this time, we do not have a complete amount for the replacement of these vehicles, so the amendment is for a maximum estimate of $100,000. This number may be changed for the second reading of the ordinance.

Supplemental appropriation ordinance: The supplemental appropriation ordinance provides funding for: 1. Economic development incentives related to the Chicken E Distribution center that were adopted by the Type A board (July 29, 2013) and ratified by the Council (August 5, 2013) but could not be expended in FY 2012-13 and, because the timing occurred during budget development, were not included in the FY 2013-2014 budget; and 2. The Golf Course equipment and golf cart replacement plan as outlined below.

Golf Course equipment replacement: The current golf course fleet was obtained in 2010 through capital lease purchases: one for golf carts, one for a range picker, one for a vending cart, and one for maintenance carts. The leases were structured with a 2014 purchase option approximating the trade-

February 17, 2014 4A-3 in value of the fleet with the intent of trading them in before the final payment and beginning a new lease of new equipment. That purchase option payment of $93,100 is due June 15, 2014, and no money is budgeted for this payment.

Staff recommends replacing all of this equipment but the 5 maintenance carts. The remaining balance on this lease is $7,750. Golf Course maintenance staff has assessed the equipment and recommend making this payment, and keeping the equipment in service for 2-3 more years. Staff is requesting the current golf course budget be amended to include this $7,750 and an additional $12,500 be budgeted in the equipment replacement fund for replacement of the large pull-behind mower. The current mower is 16 years old and in need of major maintenance. It is planned that the golf course will repay the purchase price of the mower over its useful life along with a replacement contribution to enable replacement after 10 years.

Cart Replacement:

Staff has acquired pricing for replacing the remaining carts and explored financing options. Staff recommends that the carts be acquired through a capital lease-type arrangement with the Equipment Replacement Fund. The $338,230 total cost of 78 carts, 1 range picker, and 2 vending carts would be financed over 5 years. The amortization of this arrangement (assuming 1% interest) is demonstrated below:

Golf Equip Leasing Arrangement Schedule of Required Payments

Interest Rate

Beginning Outstanding Principal

Payment Date

1

2014

2

2015

1.00%

338,230.00

$69,689.00

66,306.70

3,382.30

271,923.30

3

2016

1.00%

271,923.30

69,689.00

66,969.77

2,719.23

204,953.53

4

2017

1.00%

204,953.53

69,689.00

67,639.46

2,049.54

137,314.07

338,230.00

Current Payment

-

Principal Retirement

-

Interest Cost

Ending Outstanding Principal

Payment Number

-

338,230.00

February 17, 2014 4A-4 5

2018

1.00%

137,314.07

69,689.00

68,315.86

1,373.14

6

2019

1.00%

68,998.21

69,688.19

68,998.21

689.98

68,998.21 0.00

To pursue this plan, staff recommends amending the budget of the Equipment Replacement Fund to include the entire purchase price of $338,230. This and the cost of the replacement mower are included in the attached ordinance for a total of $350,730.

Board/Citizen Input: NA

Financial Considerations: This budget amendment will have no impact on the General Fund.

The lease arrangement will require future appropriations of approximately $70,000 for the next five years. The mower purchase will require future appropriations of approximately $3,000 for the next 10 years. The net increase over capital lease payments in the current year is roughly $17,500.

The Governmental Equipment Replacement Fund finished FY 2013 with working capital of $2,045,000. Budgeted expenditures for 2014 were $765,000 less than contributions. The amendment will reduce the net contribution to $665,000.

The Proprietary

Equipment Replacement Fund finished FY 2013 with working capital of $793,000, with budgeted net contributions this year of $173,000. The fund should finish 2014 with liquid working capital of approximately $615,000, which is more than sufficient for projected replacement purchases over the payback period.

The expenditure of the economic development incentive funds is projected to reduce Type A cash balance to a low of $575,000 in excess of the policy minimum. This will occur after the March bond payment. After April, the balance in excess of policy minimum is projected to be $1,000,000 or more.

February 17, 2014 4A-5

Attachments: Ordinance C-632-07(J0214)

Staff Contact: Rhett Clark, Director of Finance Dave White, Golf Director Laura Melton, Director of Engineering Bradley Ford, Director of Community Development Aaron Russell, Director of Public Works Doug Sandifer, Interim Police Chief

February 17, 2014 4A-6 Ordinance No. C-632-07 (J0214) AN ORDINANCE INCREASING APPROPRIATIONS IN THE TYPE A SPECIAL REVENUE FUND FROM AVAILABLE FUNDS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the Budget of the City Manager, there shall also be increased estimated appropriations in the Proprietary Equipment Replacement Fund in the amount of $350,730, provided from available funds, for the purpose of purchasing golf course equipment.

SECTION 2. That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the Budget of the City Manager, there shall also be increased estimated appropriations in the Type A Special Revenue Fund in the amount of $450,000, provided from available funds, for the purpose of paying economic development incentives.

SECTION 3. That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the Budget of the City Manager, there shall also be increased estimated appropriations in the Hidden Creek Golf Course Fund in the amount of $7,750, provided from available funds, for the purpose of acquiring golf course equipment.

SECTION 4. That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the Budget of the City Manager, there shall also be increased estimated appropriations in the Governmental Equipment Replacement Fund in the amount of $100,000, provided from available funds, for the purpose of purchasing police equipment.

SECTION 5. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect.

February 17, 2014 4A-7 SECTION 6. That this ordinance shall be cumulative of Ordinance No. C-632-07 (F0813) and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.

SECTION 6. This ordinance shall take effect upon adoption. PASSED AND APPROVED on this __________day of ___________________, 2013.

_____________________ Mayor ATTEST: ______________________________ City Secretary First reading____________________

February 17, 2014 5A - 1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

Contracts & Agreements and Other Related Items.

Council Action Requested: No items for consideration. Background Information:

Board/Citizen Input:

Financial Considerations:

Attachments:

Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

February 17, 2014 6A - 1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

Other Items for Consideration.

Council Action Requested: No items for consideration. Background Information:

Board/Citizen Input:

Financial Considerations:

Attachments:

Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

February 17, 2014 7A-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

Continuation of Discussion Agenda Items from Work Session.

Council Action Requested: No action requested. This item is intended for reporting and/or general discussion only of discussion items discussed from Work Session. Any materials related to these items will be disseminated at the meeting. Background Information: Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

February 17, 2014 7B-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

City Council Committees.

Council Action Requested: This item is intended for reporting and/ or general discussion only.

Background Information: This is a standing agenda item of every regular meeting of the Council so that Staff and Council Committee Members may make a report to the full body of the City Council. The City Council has established committees of the Council that meet from time-to-time to consider recommendations to forward to the full body of the City Council regarding business of the City. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act. The committees are as follows: • • • • • • •

Appointments & Council Policies Committee Community & Intergovernmental Relations Committee Community Services Committee Finance & Internal Services Committee Governance & Stewardship Committee Infrastructure & Development Committee Public Safety & Court Committee

Please refer to attached agendas for specific meeting topics. Board/Citizen Input: N/A Financial Considerations: N/A Attachments: N/A Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

February 17, 2014 8A-1

Memorandum To:

Honorable Mayor Shetter and members of the Burleson City Council

From:

City Manager’s Office

Date:

February 17, 2014

Subject:

Executive Session.

Council Action Requested: Background Information: The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas: 1. Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney: The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following: • • •



Southwestern Bell Telephone Company, et al v. City of Burleson, Cause No. C-201200205. Joseph Van Velzor vs. City of Burleson, Civil Action No. 3:12-cv-2508. Claims against the City Seek advice of city attorney on legal issues related to: 1. Cemetery options 2. Hwy. 174 improvements.

2. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property. • Right of way acquisition for roadway, trails and utility line extension. • Purchase or lease of property for municipal Park use. • Purchase, lease, exchange or value of municipal property. 3. Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body. 4. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, contract and duties of the Municipal Judge, City Prosecutor, City Attorney, City Secretary, City Manager, and Police Chief.

February 17, 2014 8A-2 5. Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit. 6. Pursuant to Sec. 551.087, deliberation regarding Economic Development Negotiations including: (1) discussion or deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations. 7. Pursuant to Sec. 418.0183(f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts (must be tape recorded).

Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661