141 West Renfro Street, Burleson, Texas 76028
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AGENDA

BURLESON CITY COUNCIL MEETING
January 11, 2007

BURLESON CITY HALL
141 W. RENFRO
BURLESON , TX 76028

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Call to Order

WORK SESSION – 6:00 P.M.

1.

Legislative Agenda

2.

Council Report on National League of Cities Conference.

3.

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

4.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.074, 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.

5.

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Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.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

Approve minutes from the December 14, 2006, regular council meeting.

 

B.

Financial Transactions.

 

Ordinances and Resolutions for First Reading

 

C.

Ordinance D-074-07, rezoning of approximately 1.787 acres of the Shannon Creek Development from (SF7D) Single Family 7 Development Option to (NS) Neighborhood Service, located at the northwest corner of Shaffstall Road and Tantarra Drive. (Case 06-141) (First Reading)

 

D.

Ordinance D-075-07, rezoning of approximately 108.27 acres from (SF7) Single Family 7, (SF10) Single Family 10 to (SF16) Single Family 16, located south of Hidden Creek Parkway, west of the Union Pacific Railroad. (Case 06-144) (First Reading)

 

E.

Resolution 1075-07, stating that the City Council has reviewed the City’s written investment policy as required by the Public Funds Investment Act.

 

F.

Resolution 1076-07, adopting a list of qualified brokers authorized to engage in investment transactions with the City.

 

Ordinances for Final Reading

 

 

G.

Ordinance B-764-06, amending Chapter 10, Buildings and Building Regulations, of the Code of Ordinances of the City of Burleson, by adopting the International Building Code, 2003 Edition; the International Residential Code, 2003 Edition; the National Electrical Code, 2002 Edition; the International Plumbing Code, 2003 Edition; the International Mechanical Code, 2003 Edition; the International Property Maintenance Code, 2003 Edition; the International Fuel Gas Code, 2003 Edition; and the International Energy Conservation Code, 2003 Edition (Case 06-114) (Final Reading)

 

Plats & Other Related Items

 

H.

Request approval of the Final Plat of 128 Lots, 638.707 acres of Villages of Wakefield Phase IIA, located north and west of the intersection of Hillside Drive and FM 731.(Case 06-092)

 

I.

Request approval of the Final Plat of 107 Lots, 21.644 acres of Villages of Wakefield Phase IIB, located north and west of the intersection of Hillside Drive and FM 731. (Case 06-093)

 

J.

Request approval of the Final Plat of Lot 1, Block 1, 3.027 acres of Sandy Meadows, located east of FM 731, north of FM 917. (Case 06-123)

 

K.

Request for waivers from Section 8.2.G for the maximum length of a cul de sac and Section 7.10.B for lot size for septic systems of the Burleson Design Standards Manual for approximately 13.71 acres located at the northwest corner of Bent Oaks Road and Brooks Road. (Case 06-148)

 

L.

Request approval of the Preliminary Plat for 16 lots, 13.71 acres of Esperanza, located at the northwest corner of Bent Oaks Road and Brooks Road. (Case 06-148)

 

Other items for consideration

 

M.

Dedication of Permanent Sewer Easement through City Golf Course & Chisenhall Parklands for Village Creek Sanitary Sewer Relief Line.

 

N.

Award the bid for Janitorial Supplies & Paper Products (ITB 2007-014).

Presentations

2.

A.

Presentation by Alice Bleeker of Harvest House.

 

B.

Citizen Presentations

(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 the request of Lumberjack Partners LLC for a waiver from the masonry construction ordinance B-734-06 for a new sporting goods store to be located on 8.98 acres at 1440 S I-35W. (Case 06-159)

Ordinances & Resolutions

4.

A.

Ordinance D-076-07, rezoning of 1.61 acres from (A) Agricultural to (I) Industrial, located at 3220 S Burleson Boulevard (I-35W). (Case 06-153) (First Reading)

 

B.

Ordinance B-766-07, amending the Zoning Ordinance regarding tattoo studios. (Case 06-151) (First Reading)

 

C.

Resolution 1074-06, outlining the City Council’s legislative priorities for the 80th Texas Legislative Session.

Contracts & Agreements

5.

A.

Authorize the City Manager to execute an Agreement for Services for Kiosk Sign Construction, Installation and Management with Baker-Clearview Operating LLC.

 

B.

Sales tax refund agreement with FC Restaurant Group, LLC d/b/a Frescos Cocina Mexicana.

 

C.

Council approval of a Professional Services Agreement with GSBS for architectural services for the Bartlett Park Recreation Center.

Other Items for Consideration

6.

A.

Remove from the table and Consider a request by Chesapeake Energy for a gas well drilling permit, known as the Hidden Creek Golf Course Unit, on 220.44 acres located at the northwest corner of Hidden Creek Parkway and I-35W. ( Case 06-150)

 

B.

This item intentionally left blank.

 

C.

Halwes swap of easement for minerals


Reports

7.

A.

Water/Wastewater Impact Fee Report for first year.

 

B.

Various Staff Reports.

 

C.

Appointment Capital Improvement Advisory Committee.

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, 551.074, 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____________, 2007, by 5:00 P.M., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

___________________________                                               (City Seal)
Amanda McDowell,
Interim 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) John David McShan, Sr. et al vs. City of Burleson, Texas

(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. 551.074, personnel matters related to the evaluation and appointment of City Secretary and evaluation of City Manager.

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 January 9, 2007