6.A.Consider approval of an ordinance amending Chapter 70, "Streets, Sidewalks, and Other Public Places". (First Reading) (Staff Contact: Tony D. McIlwain, AICP, CFM, Development Services Director)

[6.A.Consider approval of an ordinance amending Chapter 70, "Streets, Sidewalks, and Other Public Places". (First Reading) (Staff Contact: Tony D. McIlwain, AICP, CFM, Development Services Director)]

THIS IS BEFORE THE CITY COUNCIL ON FIRST READING.

THE STAFF PRESENTED THIS EVENING IS TONY MCELWAIN, DEVELOPMENT SERVICES DIRECTOR, MR. MCELWAIN. YES.

THANK YOU AMANDA. GOOD EVENING, MAYOR, MAYOR PRO TEM AND COUNCIL.

TONIGHT I'M BRINGING TO YOU THE FIRST READING OF AN ITEM THAT WE DISCUSSED, FIRST AT THE COMMITTEE LEVEL AND IN A PREVIOUS CITY COUNCIL SESSION.

THIS INVOLVES WORK THAT THE CITY STAFF WAS DIRECTED TO DO REGARDING CHANGES TO ORDINANCE IN CHAPTER 70 OF OUR MUNICIPAL CODE OF ORDINANCES. SPECIFICALLY, WE'RE LOOKING AT HOW DO WE TREAT RIGHT OF WAY USE REQUESTS PER YOUR DIRECTION.

SO BACK ON YOUR MARCH 4TH MEETING.

WE PROVIDED TO YOU A BRIEFING THAT WAS INITIALLY SUBMITTED AND REVIEWED BY THE SUBCOMMITTEE POLICY AND EVALUATION COMMITTEE. WE LOOKED AT SEVERAL ELEMENTS WITH THE COMMITTEE AND DISCUSSED THOSE WITH YOU.

THOSE ARE THE BULLETED ITEMS THAT YOU SEE BEFORE YOU ON THE SCREEN REGARDING COMMENTS AND RECOMMENDATIONS ON HOW YOU, THE COUNCIL WOULD TREAT RIGHT OF WAY, USE REQUEST.

AND SOME OF THE THINGS THAT WE HIGHLIGHTED WERE A REVISED REVIEW AND APPROVAL PROCESS FOR THESE TYPES OF REQUESTS, A REVISED FORM AGREEMENT, CRITERIA FOR PLAN SUBMITTALS, AND THEN ONWARD DOWN THROUGH POLICY VERSUS ORDINANCE DISCUSSIONS.

WHAT I'M GOING TO BRING TO YOU IS THE COMMITTEE'S RECOMMENDATION, AS DETAILED ON THE NEXT FEW SLIDES.

IT'S THE COMMITTEE'S RECOMMENDATION THAT THE PUBLIC WORKS DEPARTMENT, THE PUBLIC WORKS ENGINEERING DIVISION, SPECIFICALLY CONTINUE TO REVIEW AND ADMINISTRATIVELY APPROVE EASEMENT USE AGREEMENTS CITYWIDE AND RIGHT OF WAY USE AGREEMENTS THAT ARE LOCATED OUTSIDE OF OLD TOWN.

THOSE OTHER RIGHT OF WAY USE AGREEMENTS LOCATED WITHIN OLD TOWN WOULD PROCEED TO THE OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE FOR REVIEW, AND THEN ON TO CITY COUNCIL FOR YOUR ULTIMATE CONSIDERATION.

PUBLIC PARKING AND PUBLIC SIDEWALK USE AGREEMENTS WILL PROCEED DIRECTLY TO CITY COUNCIL FOR CONSIDERATION.

WITH THESE AGREEMENTS BEING FILED WITH THE CITY SECRETARY'S OFFICE, AS OPPOSED TO GOING TO THE COUNTY CLERK FOR RECREATION PURPOSES.

TONY, CAN YOU HOLD UP A SECOND THERE? BECAUSE I, I'VE READ THIS BEFORE AND I THINK I KNOW WHAT IT'S SUPPOSED TO SAY, BUT WHEN IN THE SECOND BULLET POINT, THE LAST SENTENCE, ALL PUBLIC PARKING AND PUBLIC SIDEWALKS, THAT MEANS OUTSIDE OF OLD TOWN, ALL PUBLIC PARKING AND PUBLIC SIDEWALKS WILL GO DIRECTLY TO CITY COUNCIL.

YOU'LL STILL SEND THE THE ONES IN OLD TOWN TO THE OLD TOWN COMMITTEE BEFORE THEY COME TO COUNCIL.

CORRECT? CORRECT. OKAY, I WAS JUST GETTING A LITTLE TRIPPED UP ON THE WAY.

THIS WAS WORDED BECAUSE IT MAKES IT SOUND LIKE SOMETHING ELSE.

I JUST WANTED TO CLARIFY THAT.

THANK YOU. THAT WAS CITY STAFF'S RECOMMENDATION TO THE COMMITTEE THAT THE CITY STAFF MOVE FORWARD WITH PREPARATION OF AN ORDINANCE TO BE CODIFIED, INSTEAD OF A POLICY THAT WE'RE CURRENTLY OPERATING UNDER, WITH THE COUNCIL REVIEWING AND CONSIDERING AGREEMENTS ON AN ANNUAL BASIS.

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THE INTENT IS TO BRING THIS FORWARD TO YOU FIRST AS AN INFORMATIONAL ITEM, AND THEN THAT WILL BE THE FIRST APPEARANCE ON YOUR AGENDA AND THEN BACK TO YOU AS A CONSENT AGENDA ITEM FOR SUBSEQUENT APPROVAL.

SOME OF THE HEAVIER LIFTING INVOLVED A NEW FORM AGREEMENT FOR WATERWAY USE REQUESTS REGARDING COUNCIL APPROVAL.

YOU HEARD SOME HIGH LEVEL TALKING POINTS THAT THE CITY STAFF ENGAGED.

ENGAGED WITH THE POLICY AND EVALUATION COMMITTEE REGARDING SOME OF THE PROVISIONS THAT WE WERE LOOKING TO IMPLEMENT WITHIN THE NEW FORM AGREEMENT BASED ON THE COMMITTEE'S RECOMMENDATION. AND THEN, OF COURSE, THE APPLICATION ITSELF WOULD BE REVISED TO REFLECT A NEW ONE TIME $525 FEE.

SO THIS FEE IS SEPARATE FROM THE REVIEW PROCESS THAT THE PUBLIC WORKS ENGINEERING DIVISION CURRENTLY UTILIZES FOR THOSE ROUTINE EASEMENT OR RIGHT OF WAY USE REQUESTS OUTSIDE OF OLD TOWN.

THOSE WOULD STAY AT A $125 FEE.

THOSE ARE THE ONES THAT DON'T COME FORWARD TO COUNCIL FOR APPROVAL.

THE FEE FOR $525 WOULD MORE THAN LIKELY NOT TAKE EFFECT UNTIL SOMETIME IN JUNE.

WE WOULD HAVE TO GET THAT FEE BEFORE YOU FOR YOUR APPROVAL.

WE'RE LOOKING AT MAYBE IMPLEMENTING THAT IN CONJUNCTION WITH SOME PARK FEES THAT WE'RE GOING TO GET BEFORE YOU HOPEFULLY IN MAY.

THIS NEW NEXT SLIDE IS A FLOW CHART THAT WE'VE PREPARED THAT GIVES YOU SOME IDEA OF HOW THIS PROCESS WILL WORK.

SO WHAT YOU SEE IN BLUE IS THE EASEMENT AGREEMENTS THAT ARE CURRENTLY BEING REVIEWED BY CITY STAFF.

THAT PROCESS STAYS THE SAME.

EXCUSE ME. AND THEN WHAT YOU HAVE WITH THE RIGHT OF WAY USE AGREEMENTS.

THOSE WOULD BASICALLY GO FORWARD TO OLD TOWN AND THEN CITY COUNCIL.

SO I WANT TO PAUSE HERE.

AND MAYOR PRO TEM, GO BACK TO YOUR COMMENT REGARDING WHO'S REVIEWING WHAT.

SO PUBLIC SIDEWALKS, PUBLIC PARKING, PUBLIC RIGHT OF WAY.

ALL THOSE USES WILL ULTIMATELY END UP BEFORE COUNCIL.

SO WE'LL MAKE SURE THAT THERE'S NO MISCOMMUNICATION.

ITEMS OF THAT NATURE WILL PROCEED TO THE OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE FOR RECOMMENDATION AND FORWARD TO YOU.

I KNOW THAT THE LEAD IN LINES DON'T REFLECT THAT, BUT THE END RESULT IS THAT IT ENDS UP COMING TO COUNCIL.

AND I'LL PAUSE HERE JUST TO MAKE SURE THAT THERE'S CLARITY WITH WHAT WE'RE LOOKING AT.

I DON'T THINK THEY'RE GOING TO BE MANY INSTANCES WHERE CITY STAFF OR ANYBODY WOULD BE LOOKING AT IMPLEMENTING OR UTILIZING THE PUBLIC SIDEWALK, BUT WE HAVE THAT OPTION IN PLACE SO THEY CAN GET DUE CONSIDERATION.

IF SUCH A REQUEST COMES FORWARD TO CITY STAFF.

ANY QUESTIONS BEFORE I PROCEED ON TO THE NEXT SLIDE? OKAY. SO THE REVISED APPLICATION HAS NOT BEEN SUBMITTED AS AN EXHIBIT.

THAT IS A WORK IN PROGRESS, BECAUSE WE'RE TRYING TO WORK THROUGH ALL OF THE NUANCES AND EVENTUALITIES THAT MIGHT HAPPEN AS THIS ROLLS OUT.

BUT WE'RE GOING TO HAVE A PROPERTY OWNER AUTHORIZATION FORM.

EXCUSE ME, ON THE FORM WOULD BE A PROPERTY OWNER AUTHORIZATION SECTION THAT WOULD ACCOMPANY THE TENANT IF THOSE INDIVIDUALS ARE DIFFERENT.

ALSO AN OPPORTUNITY FOR ADJACENT PROPERTY OWNERS AND TENANTS TO CONTACT AND COMMENT CITY STAFF OR ANY REQUESTS? THE FEE, OF COURSE, $525.

INITIAL ONE TIME ASSESSED FOLLOWING APPROVAL OF THE COUNCIL'S NEXT FEE SCHEDULE.

THIS IS GOING TO BE REVISED TO, SAY, APPROVAL OF THE COUNCIL'S NEXT OPPORTUNITY TO REVIEW THIS FEE, WHICH WILL BE IN JUNE.

WE WERE NOT GOING TO HAVE IT GO OUT TO THE FULL FEE SCHEDULE, WHICH WILL HAPPEN LATER ON THIS YEAR.

SO SOME OF THE WHAT THE COMMITTEE WANTED TO SEE, WE HAVE WITH THESE NEW FORM AGREEMENT PROVISIONS, WE MAY TWEAK THIS LANGUAGE, BUT THIS CAPTURES ON THE NEXT FEW SLIDES SOME OF THE DISCUSSION THAT TOOK FORWARD WITH THE COMMITTEE AND THAT WE DISCUSSED WITH YOU AT YOUR MARCH 4TH MEETING.

SO I WON'T GO THROUGH AND READ THOSE.

BUT WHAT THE COMMITTEE WAS LOOKING TO DO WAS TO MAKE SURE THAT THERE WAS A CLEAR UNDERSTANDING OF WHAT THE COMMITTEE WAS EXPECTED TO DO, WHO THEY WERE EXPECTED TO BE, AND IT WOULD BE THE OWNER OR LESSEE OF PROPERTY ADJACENT TO THE RIGHT OF WAY.

WE WANTED TO MAKE SURE THAT WAS CLARIFYING LANGUAGE WITH REGARD TO THE RESPONSIBILITY OF THE INDIVIDUAL, WHO WILL BE ULTIMATELY PERMITTED TO HAVE A RIGHT OF WAY USE AGREEMENT.

REVOCABLE USE PROVISIONS WILL BE INCLUDED IN THE NEW FORM AGREEMENT, INDEMNITY PROVISION AND THEN ALLOWABLE, EXCUSE ME, GENERAL LIABILITY INSURANCE COVERAGE DURING THE TERM OF THE AGREEMENT.

THIS NEXT SLIDE IS ADDITIONAL FORM AGREEMENT PROVISIONS THAT WERE DISCUSSED WITH THE COMMITTEE AND SUBSEQUENTLY BRIEFED TO YOU BACK ON MARCH 4TH

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WITH THE UPTICK IN RESTAURANT OWNERS WANTING TO HAVE OUTDOOR DINING, THE COMMITTEE THOUGHT IT WOULD BE A GOOD IDEA TO HAVE SOME LANGUAGE REGARDING LIQUOR LIABILITY INSURANCE COVERAGE.

THERE ARE CERTAIN LANGUAGE IN THE TABC CODE THAT REQUIRE CERTAIN THINGS.

WHEN YOU STEP FOOT OUT OF THE ESTABLISHMENT INTO THE PUBLIC REALM.

I KNOW THAT A COMMITTEE MEMBER AND COUNCIL MEMBER, LARRY SCOTT, BROUGHT THAT TO THE CITY STAFF'S ATTENTION WITH REGARD TO HAVING THESE PROVISIONS IN THERE TO MAKE SURE THERE WAS ADEQUATE PROTECTIONS FOR ALL INVOLVED AS RELATED TO ALCOHOL SALES.

OF COURSE, WE'VE GOT SOME OF THE LANGUAGE REGARDING INDIVIDUALS BEING CURRENT ON ALL TAXES, NO STORAGE WITH HAZARDOUS MATERIALS AND THE LIKE.

WE DID DISCUSS WHETHER OR NOT YOU, THE COUNCIL WANTED TO HAVE FUNDS ESCROWED TO ACCOUNT FOR THE COST OF THE CITY OR UTILITY PROVIDERS TO REMOVE IMPROVEMENTS FROM THE RIGHT OF WAY.

IT WAS YOUR DECISION AT THAT TIME TO NOT RECOMMEND ANY ESCROWING OF FUNDS.

WITH REGARD TO SOME OF THE ADDITIONAL CHANGES WE'RE LOOKING TO PUT INTO PLACE WITH THE NEW APPLICATION, WE WANT GREATER DETAIL FOR CITY STAFF AND FOR YOU, AS WELL AS THE OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE.

IF YOU'RE GOING TO PUT IN ARCHITECTURAL ELEMENTS TO YOUR RIGHT OF WAY USE, WE WANT TO HAVE MORE DESCRIPTIVE REQUIREMENTS SO THAT YOU'LL GET AN UNDERSTANDING FOR THE SCALE, SIZE, LOCATION, COLOR AND THE LIKE THE BULK OF WHAT IS BEING PROPOSED SO THAT YOU CAN HAVE A MORE INFORMED DECISION WHEN YOU ARE TAKING INTO CONSIDERATION WHAT THE APPLICANT IS ASKING FOR.

AND THEN WE'RE GOING TO LOOK AT MAKING SURE THAT WHAT IS BEING PROPOSED ADHERES TO THE OLD TOWN DESIGN STANDARDS.

AS YOU ALL MAY RECALL, WE CANNOT OPEN UP THE OLD TOWN DESIGN STANDARDS.

WE HAVE SOME PROTECTIONS IN PLACE BECAUSE OF THE TIMING OF WHEN THOSE STANDARDS WERE PUT IN PLACE.

WE DON'T WANT TO OPEN THOSE STANDARDS UP FOR REVIEW, BECAUSE WE DON'T WANT TO RUN AFOUL OF LATEST CHANGES IN STATE LAW THAT WOULD PROHIBIT CITIES FROM PUTTING IN THINGS LIKE MASONRY REQUIREMENTS. SO WE'RE VERY PARTICULAR ABOUT MAKING SURE THAT WE GIVE A NOD TO WITHOUT ACTUALLY GOING AND DOING A FULL FLEDGED CODE PROVISION IN OUR ORDINANCES. SO THAT IS, IN A NUTSHELL, THE READER'S DIGEST VERSION OF WHAT WAS DISCUSSED BACK ON MARCH 4TH.

AND I GUESS THAT'S MY TIME IS UP.

BUT SO WE'RE RECOMMENDING APPROVAL OF THE READING.

YOU HAVE AN OPPORTUNITY AT YOUR NEXT COUNCIL MEETING TO DECIDE IF YOU WANT TO HAVE A DISCUSSION OR PUT THIS TO THE CONSENT AGENDA.

SO I'LL ENTERTAIN ANY QUESTIONS THAT YOU HAVE.

ANYBODY. I'LL ENTERTAIN A MOTION ON THIS.

MOVE TO APPROVE AS PRESENTED.

I HAVE A MOTION BY ADAM. A SECOND BY LARRY.

PLEASE VOTE.

PASSES. UNANIMOUS.

THANK YOU MAYOR AND COUNCIL.

THAT BRINGS US TO SIX B CONSIDER APPROVAL OF A CONTRACT WITH TERRACON CONSULTANTS INCORPORATED FOR THE CITY FOR A CITY FACILITY, MASTER PLAN AND CONDITION

[6.B.Consider approval of a contract with Terracon Consultants, Inc. for a City Facility Master Plan and Condition Assessment through TIPS Cooperative Purchasing Agreement # 210602 in the amount of $247,604. (Staff Contact: Errick Thompson, Director of Public Works & Engineering)]

ASSESSMENT THROUGH TIPS COOPERATIVE PURCHASING AGREEMENT NUMBER 210602, IN THE AMOUNT OF $247,604.

THE STAFF PRESENTER THIS EVENING IS ERIC THOMPSON, DIRECTOR OF PUBLIC WORKS AND ENGINEERING.

MR. THOMPSON, THANK YOU, MISS CAMPOS, AND GOOD EVENING, MAYOR AND COUNCIL.

I'VE GOT A COUNCIL A CONTRACT BEFORE YOU THIS EVENING TO HAVE A CITY FACILITY CONDITION ASSESSMENT AND THEN MASTER PLAN DOCUMENT DEVELOPED.

REALLY RELATIVELY SHORT PRESENTATION WILL GIVE YOU A LITTLE BIT OF BACKGROUND TALK ABOUT THE OVERVIEW OF WHAT THE PROJECT ENTAILS.

AND THEN MOST IMPORTANTLY, GET YOUR FEEDBACK IN ANY QUESTIONS YOU MIGHT HAVE.

SO YOU PROBABLY ALREADY ARE AWARE THAT THERE ARE ABOUT 27 CITY FACILITIES IN BURLESON CITY FACILITIES.

AND TO TOTAL THEY EQUATE TO ABOUT 300,000FT² OF SPACE.

SO AS YOU'RE ALL AWARE, THERE'S BEEN A LOT OF INCREASED INTEREST OVER THE LAST SEVERAL MONTHS AT LEAST, IF NOT YEARS.

YEARS, REALLY.

FOR MORE FORWARD LONGER RANGE THINKING AND PLANNING WHEN IT COMES TO CITY FACILITIES SOME OF THOSE EXAMPLES THAT YOU'VE HEARD A LOT ABOUT JUST IN THE LAST YEAR FOR SURE, WOULD BE THE POLICE DEPARTMENT EXPANSION PROJECT THAT'S IN THE CAPITAL PROGRAM.

SO THERE'S BEEN AT LEAST THREE DIFFERENT OUTSIDE GROUPS THAT HAVE WEIGHED IN ON THAT AND ASSESSED AND ANALYZED TO HELP COME UP WITH THE PROJECT