141 West Renfro Street, Burleson, Texas 76028
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AGENDA

BURLESON CITY COUNCIL MEETING
January 24, 2008

BURLESON CITY HALL
141 W. RENFRO
BURLESON , TX 76028

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Call to Order

WORK SESSION – 6:00 PM

  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Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.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

Minutes from the January 10, 2008 regular session.

 

B.

Financial transactions.

Ordinances

 

 C.

Ordinance C-640-08, changing the name (spelling) of the section of street known as “Medowbrook Drive” from Bryan Drive and going southwest 256 feet to “Meadowbrook Drive.”  (First Reading)

 

D.

Ordinance C-634-07(A0108), amending C-634-07 Section II (B) 1, 2 & 3 to reflect the changing water rates of Johnson County Special Utility District for Shannon Creek Estates.  (First Reading)

 

E.

Ordinance C-641-08, appointing the Presiding Municipal Court Judge and Associate Municipal Court Judges of the Municipal Court of Record of the City of Burleson, for a term of two years, and Authorizing the Mayor to Execute An Agreement with the Presiding Municipal Court Judge. (First Reading)

 

F.

Ordinance C-642-08, approving a settlement agreement between the atmos cities steering committee and ATMOS ENERGY CORP., MID-TEX DIVISION (First Reading).

 

G.

Ordinance B-776-08, establishing a speed limit of 35 miles per hour on Houston Road from Renfro Street east to the City Limits.
(Final Reading)

 

H.

Ordinance B-777-08, establishing a speed limit of 40 miles per hour on Hidden Vistas Boulevard from Hidden Creek Parkway to Landmark Drive. (Final Reading)

 

I.

Resolution R-1111-08, calling the May 10, 2008, General Election for City of Burleson Mayor and Council Places 2, 4 and 6.

 

J.

Resolution R-1112-08, calling for a Joint Election Resolution with Burleson Independent School District (BISD), and approving the Joint Election Agreement for election services and authorizing the Mayor to sign.

 

K.

Resolution R-1087-07(A0108), amending Resolution R-1087-07, Section 4 Membership, to include youth residing in the City of Burleson ETJ.

 

Contracts & Agreements

 

 

 L.

Agreement with the Burleson Heritage Foundation regarding use of the Interurban building.

 

M.

Agreement with Katherine Crouch Halwes and James W. Crouch, Jr. to amend an oil and gas lease.

 

N.

Lease Agreement with S.W. Goodnight for 159.397 acres of land and authorize the City Manager to execute.

 

O.

Renewal of a mutual aid agreement between the City of Burleson and the Tarrant County Emergency Services District and authorize the Mayor to execute.

 

P.

Award the annual contract for Janitorial Supplies & Paper Products to Corporate Express, JanPak Supply and Empire Paper Company.
(ITB 2008-015)

 

Q.

Award the annual contract for Vehicle Parts and Filters to O’Reilly Automotive, Inc. (ITB 2008-013)

 

R.

Award the contract for the construction of the Summercrest Boulevard, Thomas Road, Hillside Drive, and Jayellen Avenue Drainage Improvements project and authorize the City Manager to execute the contract and approve change orders not exceeding $25,000.

Other

 

 S.

Actions Concerning the City’s Contribution to the Burleson Opportunity Fund.

 

T.

Changing the holiday schedule for 2008 to substitute the day after Christmas for Christmas Eve as a designated holiday for the Christmas holiday, 2008.

 

U.

Minute Order MO-08-013, extending Executive Order 2008-01 prohibiting outdoor burning, issued by the Mayor January, 18, 2008, until the state of disaster is terminated.

 

V

Minute Order MO-08-014, appointing 13 voting youth as youth council members to serve an initial term from January 24, 2008 to May 31, 2008 in order to install the Mayor’s Youth Council.

Presentations

2.

A

Presentation by Burleson High School Green Club.

 

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

3.

 A.

Remove from the table, continue the Public Hearing and consider the request of Devon Energy for a gas well permit on approximately 161 acres located 1100 feet west of FM 1902, and 200 feet south of CR 913.  (Case No. 07-081)

 

B.

Public hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one gas well, known as the Brown Unit 1H, on 198.26 acres located at 128 Loy Street, approximately 1000’ north of E. Renfro Street and approximately 2000’ east of Interstate Highway 35.  (Case No. 07-138)

 

C.

Public hearing and consideration of a request by Williams Production for a gas well drilling permit for two additional wells known as the Crouch Farms Unit 4H and 5H, on an existing drill pad site on 288.54 acres located at 610 SW Hulen Street (Shaffstall Road), on the east side of SW Hulen Street (Shaffstall Road), south of the BNSF Railroad.  (Case No. 08-3)

 

D.

Public hearing and consideration of Resolution R-1113-08, authorizing acceptance of a Municipal Setting Designation for 1.3619 acres located at the southeast corner of W. Renfro Street and SH 174 (Wilshire Blvd).

Ordinances & Resolutions

4.

 A.

Remove from the table and consider Ordinance B-773-07, establishing a school zone on Hidden Creek Parkway from Hurst Road to 660 feet to the west. (Final Reading)

 

B.

Ordinance B-778-08, amending Chapter 34, Environment, of the City of Burleson Code of Ordinances to include Article X, Municipal Setting Designation. (First Reading)

Contracts & Agreements

5.

 A.

Engineering services contract with Elder Engineering, Inc. for the design of Arnold Avenue from State Highway 174 to Vaden Street and authorizing the City Manger to execute the contract.

 

B.

Interlocal agreement between the City of Fort Worth and the City of Burleson for design and construction of McAlister Road improvements.

Other Items for Consideration

6.

 A.

Final plat of 27 lots, 32.74 acres of Hidden Vistas, Phase 3, located south of Hidden Creek Parkway and west of Union Pacific Railroad.
(Case 07-127)

 

B.

Change Order No. 1 to the City Wide Drainage Improvements-Phase 1 project in the amount of $118,000.00 and authorize the city manager to execute.

 Reports

7.

 A.

Economic Development.

 

B.

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

 

C.

Presentation of Draft RFQ for Business Park Site.

 

D.

Status of amendments to the Gas Well Ordinance.

 

E.

Update on revisions/amendments to the Comprehensive Land Use Plan and the Zoning Ordinance.

 

F.

Leasing of minerals on city owned property

 
G.
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________, 2008, 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) Nashville vs. City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

 

(4) 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 413PthP District Court for Johnson County, Texas.

 

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

 

(6)  Florence Corbin, Claimant

(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 boundary agreements with area cities.

  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, City Manager, and Municipal Court Judge.

 

  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.