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AGENDA

BURLESON CITY COUNCIL MEETING
August 9, 2007

BURLESON CITY HALL
141 W. RENFRO
BURLESON , TX 76028

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Call to Order

WORK SESSION – 6:00 PM

1. 

Presentation of the Ethics Task Force membership, mission, and core values. (Reed)

2. 

Discussion of the revised Financial Policy and RFP 2007-027 for Professional Auditing Services. ( Clark )

3.

Discussion of an Abatement Policy and the creation of an Abatement Reinvestment Zone. (Cain)

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, 551.073, 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.

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

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Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.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 July 26, 2007 regular session.

 

B. 

Financial transactions.

Ordinances

 

C. 

Ordinance C-626-07, abandoning Tantarra Drive and Paloma Way (Final Reading) and Quit Claim.

Plats

 

D. 

Request the approval of the Preliminary Plat of Lots E, F, and G, Block 1, 5.25 acres of Fig Tree Plaza located along I-35 south of Memorial Plaza . (Case No. 07-082)

 

E. 

Request the approval of the Final Plat of Lot F, Block 1, 1.98 acres of Fig Tree Plaza located along I-35 south of Memorial Plaza. (Case No. 05-145)

 

F. 

Request the approval of the Final Plat of 77 single-family lots and 3 open space lots, 22.88 acres of Cooper Valley , Phase 2-B Addition located south of FM 917 and east of SH 174 in the ETJ. (Case No. 07-071)

 

G. 

Request the approval of the Final Plat of 56 lots, 15.32 acres of Hidden Vistas, Phase 2 located south of Hidden Creek Parkway and West of Union Pacific Railroad. (Case No. 07-070)

Other Items for Consideration

 

H. 

Authorization for Release of Escrow funds for Drainage Improvements to Sphinx Development Corporation.

 

I. 

Authorization for ingress/egress easement abandonment at the end of Commercial Blvd.

 

J. 

Authorizing the Mayor to execute an Advanced Funding Agreement with TxDOT for a change order to the Hidden Creek Parkway/I-35W bridge contract for the landscaping for the east jughandle of Hidden Creek Parkway .

Presentations

2.

A.

Recognition of local winners of Keep Texas Beautiful awards.

 

B. 

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 & Other Related Items

3.

A.

Public hearing and consideration of a request by Devon Energy for a gas well drilling permit on approximately 128 acres located on 1,400 feet west of FM 1902, and 1,230 feet south of CR 910B. (Case No. 07-079)

 

B. 

Public hearing and consideration of a request by Devon Energy for a gas well drilling permit on approximately 161 acres located 450 feet west of FM 1902, and 3,000 feet south of CR 913, across from Caddo Peak Road . (Case No. 07-081)

 

C.

Public hearing and consideration of Ordinance D-082-07 request to rezone property from (C) Commercial and (SF7) Single Family 7 to PD Planned Development for 55.7 acres located at the Northeast intersection of FM 731 (John Jones Dr) and SH 174 (SW Wilshire Blvd.) behind the existing Exxon station. (First Reading ) (Case No. 07-072)

 

D.

Public Hearing and consideration of a request by Ramon Romo for a replat of 2 lots of the Murphy Addition located at 213 SW Alsbury Blvd. (Case No. 07-069)

 

E.

Resolution R-1093-07, Revising and adopting the Guidelines and Criteria for Property Tax Abatement under the Economic Development Incentives Program.

 

F. 

Public Hearing and 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. (First Reading )

Ordinances & Resolutions

4.

A.

Ordinance C-627-07, providing for the implementation of an automated red light enforcement program in the City of Burleson through the amendment of the “Traffic and Vehicles” Chapter of the Code of Ordinances for the City of Burleson, Texas, by the addition within Chapter. 78, new Article V, titled Automated Red Light Enforcement. (Final Reading)

 

B. 

Resolution R-1098-07, approving a Municipal Maintenance Agreement with the Texas Department of Transportation and authorizing the Mayor to execute the agreement.

Contracts & Agreements

5.

A. 

Consideration of the Automated Red Light Program Services Contract and Right of Way Use Agreement with American Traffic Solutions, Inc. (“ATS”), and to authorize the City Manager to execute.

Other Items for Consideration

6.

A.

Amendment to the City of Burleson 's Financial Policy. (Council Policy 32)

 

B.

Award the contract RFP 2007-027 for Professional Auditing Services and authorize the City Manager to execute the contract.

 

C.

Authorize Expenditures and Award the Bid for Inter-Urban Rail Car Exhibit concrete work and drainage improvements. (ITB 2007-032)

 

D.

Election of Mayor Pro Tem.

 

E. 

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.

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 .

_______________________
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 413 th District Court for Johnson County , Texas .

 

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

 

(7) City of Burleson v. Robert Mark Neisler; Cause No. E200700024.

 

(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.
2.
Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property for future expansion of certain programs and services.

3.
Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Secretary and the City Manager.

4.
Pursuant to Sec. 551.076, deliberation regarding security devices.

5.

 

 

 

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; OR (2) deliberation of the offer 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.