141 West Renfro Street, Burleson, Texas 76028
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AGENDA

BURLESON CITY COUNCIL MEETING
August 23, 2007

BURLESON CITY HALL
141 W. RENFRO
BURLESON , TX 76028

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Call to Order

WORK SESSION – 6:00 PM

 

  1.  

Discussion of Proposed Budget for FY 2007-2008.

  1.  

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

  1.  

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.073, 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.

  1.  

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

Proclamations

REGULAR SESSION 7:00 PM

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Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.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

General

1.

.A.

Approve minutes from the August 9, 2007 regular session.

 

B.

Financial transactions.

Ordinances

 

C.

Ordinance B-769-07, an emergency ordinance revising the time of the school zone on Elk Drive.  (First and Final Reading)

 

 D.

Ordinance C-628-07, the Designation of approximately a 10 acre tract of land as “Tax Abatement Reinvestment Zone Number 001-07, City of Burleson” under Chapter 312 of the Texas Tax Code. (Final Reading)

Other Items for Consideration

 

 E.

Approve a Professional Services Agreement with HNTB for architectural and engineering services related to the design of the Chisenhall Sport Complex and authorize the City Manager to execute.

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. 

There are no items for consideration at this time.

Ordinances & Resolutions

4.

A. 

Ordinance C-629-07, appointing the Municipal Court Judge and Associate Municipal Court Judge of the Municipal Court of Record in the City of Burleson to two-year terms commencing October 1, 2007 and terminating September 30, 2009. (First Reading)

 

 B.

Ordinance C-630-07, establishing rates to be charged for solid waste collections by city forces. (First Reading)

 

 C.

Resolution R-1099-07 to create a Single Non-Profit Trust to allow the City of Burleson to be Exempt from Health Insurance Premium Taxes, authorizing the City Manager to Execute and designating the Director of Finance as the Trustee.

Contracts & Agreements

5.

A

Authorize the City Manager to Execute a Tax Abatement Agreement with DCTC-Sphinx Development, L. P. for the Sphinx at Alsbury Villas multi-family development.

 Other Items for Consideration

6.

A.

MO-07-002, setting the date for the public hearing for the 2007-2008 proposed budget to be September 06, 2007 at 6:00 p.m.

 

B

MO-07-003, placing the proposed tax rate for vote on the September 27, 2007 regular council agenda and stating the proposed tax rate.

 

C

MO-07-004, setting the dates for public hearings on the 2007 tax rate as September 06, 2007 and September 13, 2007.

 

D

Approve Renewal of Agreements for Health, Life, Vision, and EAP Services.

 

E

Approve proposal for new dental vendor to provide city employees with dental insurance.

 

F

Authorization for automated payment processing system for Utility Customer Service Department.

 

Action necessary to initiate 2007 Annexation Procedures and set Annexation Calendar.

 Reports

7.

 A.

Economic Development.

 

 B.

Land Acquisition for Flood Control, Public Infrastructure, and other Public Improvements.

 

 C.

Budget

 

 D.

Various Staff 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, 551.073, 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,
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 on this Agenda to receive advice from its attorney as permitted by law. In addition, the Council will convene in executive session to discuss the following:
  1. (A)  Pursuant to  Sec. 551.071, 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) 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.

 

(6) John David McShan, Sr. et al vs. City of Burleson, Texas

(B) Pursuant to Sec. 551.071, a settlement offer;

 

 

(C) Pursuant to Sec. 551.071, 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.

  1. Consultation with attorney to receive advice regarding legal representation in boundary agreement.
  1. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property for future expansion of certain programs and services.
  1. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Secretary and the City Manager.
  1. Pursuant to Sec. 551.076, deliberation regarding security devices.
  1. 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 the offer of a financial or other incentive to a business prospect described in (1) above.
  1. Pursuant to Section 418.183(f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.