141 West Renfro Street, Burleson, Texas 76028
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AGENDA

BURLESON CITY COUNCIL MEETING
July 13, 2006

BURLESON CITY HALL
141 W. RENFRO
BURLESON , TX 76028

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Call to Order

 

WORK SESSION – 5:30 PM

 

1.

Presentation of Draft I-35 Study by Prime Stratagies.

 

2.

Present Draft Master Thoroughfare Plan by Kimley-Horn.

 

3.

Budget FY 06-07

 

4.

Discussion of all items on tonight’s meeting.  No action will be taken and each item will be considered during the Regular Session.

 

5.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.076, 551.087, and Section 418.183(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.

6.

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

 

Proclamations

 

REGULAR SESSION 7:00 PM

OR IMMEDIATELY FOLLOWING THE WORK SESSION

 

Call to Order

 

Invocation –

 

Pledge of Allegiance

 

Items to be continued or withdrawn

 

Items to be withdrawn from the consent agenda for separate discussion.

 


Consent Agenda

 

All items under this section are recommended for approval for the "Consent Agenda".  These items are of a routine nature and require only brief deliberation by the Council.  The City Staff has briefed the Council on these items.  Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendation.

 

1.

General

 


 

A.

Approved minutes from the June 22, 2006 regular session.

 

 

B.

Financial Transactions.

 

 

 

 

Ordinances for Final Reading

 

 

C.

Ordinance C-598-06, denying the request of Atmos Energy Corp., Mid-Tex Division, for an annual Gas Reliability Infrastructure Program (GRIP) rate increase.  (Final Reading)

 

 

D.

Ordinance C-599-06, establishing rates to be charged for water and wastewater service in the City of Burleson (as authorized in section 10-4, Code of Ordinances); repealing all ordinances and parts of ordinances in conflict herewith; providing a repealer clause; and providing an effective date clause.  (Final Reading)

 

 

E.

Ordinance D-069-06, rezoning 9.4987 acres of Lot 3, Block 1, Southcliff Addition from (A) Agricultural to (SP) Site Plan zoning district located west of Wilshire Boulevard (SH 174) south of Shaffstall Road.  (Case 06-054)  (Final Reading)

 

 

F.

Ordinance B-743-06, amending Chapter 10, Buildings and Building Regulations, of the Burleson Code of Ordinances, by adding Article XVI Masonry Construction Standards (Case 06-006) (Final Reading)

 

 

G.

Ordinance B-752-06, amending Article II, Section 12 and Article III, Section 27 of Ordinance B-582, Zoning Ordinance of the City of Burleson Code of Ordinances to allow Drop-in Child Care Uses within the (C) Commercial zoning district.  (Case 06-061)  (Final Reading)

 

 

Agreements and Contracts

 

H.

Vehicle Use Agreement with Mike Carlson Motors for a School Resource Officer vehicle.

 

 

I.

Amendment to the Restated Interlocal Cooperative Agreement with Area Metropolitan Ambulance Authority.  (MedStar)

 

 

J.

Consideration of Community Facilities Contract (Three Party Format) for Prairie Timber Estates and Future Development.

 

 

K.

Authorization for the City Manager to execute an amendment to the Hidden Creek Parkway engineering services contract and a change order to the Hidden Creek Parkway project.

 

 


 

Other items for consideration

 

L.

Mill and Overlay Program 2006 bid approval.

 

M.

Micro Surface Program 2006 bid approval.

Presentations

 

2.

A.

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 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.)

Public Hearings

 

3.

A.

Public Hearing and consideration of a request by Four Sevens Operating Company for a gas well drilling permit on Hidden Creek Golf Course.  (Case 06-080)

 

Ordinances & Resolutions

 

4.

A.

Resolution 1059-06, supporting the RTC preferred alignment for the Trans Texas Corridor.

 

 

Contracts & Agreements

 

5.

A.

Consideration of Modifications to the Community Facilities Contract for Plantation Offsite Sewer Improvements.

 

 

B.

Consideration of a contract with James Kelly, DBA Blue Moon Acquisitions for professional services related to real estate acquisitions for the Village Creek Sanitary Sewer Relief Line (Town Creek to SH 174) Capital Improvement Project, and authorization for the City Manager to execute the contract.

 


Other Items for Consideration

 

6.

A.

Authorization to allocate future funds for the construction of Hemphill Street in the amount of $25,342 for the additional width constructed by Lake Hollow Corporation.

 

 

B.

Consideration of a Correction Deed to release mineral rights to owner of property acquired for the Southwest Delivery Water Supply and Shaffstall Pump Station.

 

 

C.

Abandonment of Bufford Street (Bransom Street to Tarrant Avenue) and alleys west of Bransom Street between Ellison Street and Bufford Street and between Bufford Street and Eldred Street.

 

 

D.

Consider establishing and appointing members to a Council Development Committee and a Council Community Services Committee

 

Reports

 

7.

A.

SH121 Land Use and Corridor Study.

 

 

B.

Ordinance, amending Chapter 34, Environment, of the Burleson Code of Ordinance, by amending Articles I and II in their entirety regarding nuisance codes.  (Case 06-070)

 

 

C.

Monthly Financial Report, May 2006.

 

 

D.

Various department reports.

 

 

Council and Staff Comments

 

8.

A.

Non-agenda council and staff comments.

 

 

 

(In compliance with the Texas Open Meetings Act, Council members may comment on routine city matters, may ask questions of staff that require only responses of factual information or statements of existing city policy, or may request that non-routine matters of public concern be placed on a future agenda.  Council members may not discuss non-agenda items among themselves.)  (In compliance with the Texas Open Meetings Act, city staff members may comment on routine city operations and projects.  Staff members may respond to questions from others only with statements of factual information or existing city policy.)

 

 

 

Executive Session

 

9.

A.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.076, 551.087, and Section 418.183(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.

 

 

 

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 _________ day of____________, 2006, by 5:00 P.M., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

 

___________________________                                                       (City Seal)

Mary J. Kayser,

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 817-447-5400 or TDD 1-800-735-2989.


 

EXECUTIVE SESSION

 

Pursuant to Sec. 551.071 of the Texas Government Code, the city council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.  In addition the Council will convene in executive session to discuss the following:

 

(A)  pending or contemplated litigation including but not limited to the following:

 

(1) Floyd Bartula, et al. V. City of Burleson, Texas

 

(2) AT&T Fiber Optic Cable Litigation, US District Court, Southern District of Indiana.

 

(3) Andrea Conzoneri-Kyle vs. City of Burleson, Texas.

 

(4) Nashville vs City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

 

(5) City of Burleson Texas vs Tolmay Enterprises Inc.

(6) Kevin Schronk, Individually and as Representative of the Estate of Helen Schronk, Deceased, and Dustin Schronk vs. City of Burleson and Laerdale Medical Corp. Cause No. C200600118 – In the 413th District Court for Johnson County, Texas

(7) Pedro Munoz vs City of Burleson

 

(B) a settlement offer;

 

(C) a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the chapter.

 

Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease or sale of real property for future expansion of certain programs and services.

 

Pursuant to Sec. 551.076, deliberation regarding security devices.

 

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; OR (2) deliberation of a financial or other incentive to a business prospect described in (1) above.

 

Pursuant to Section 418.183(f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.

 

 

 

This page last updated September 14, 2006