141 West Renfro Street, Burleson, Texas 76028
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AGENDA

BURLESON CITY COUNCIL MEETING
August 14, 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Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.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 July 24, 2008, regular session and the July 31, 2008 special session.

 

B.

Financial Transactions.

 

C.

Minute Order MO-08-034, setting the date and time for the public hearing for the FY 2008-2009 proposed budget to be September 04, 2008 at 6:00 p.m. in the Council Chambers.

 

D.

Minute Order MO-08-035, setting the dates for public hearings on the 2008 tax rate as September 04, 2008 and September 11, 2008.

 

E.

Minute Order MO-08-036, placing the proposed tax rate for vote on the September 25, 2008 regular council agenda and stating the proposed tax rate of $0.6940.

Ordinances & Resolutions

 

 F.

Ordinance B-782-08, establishing a speed limit of 35 miles per hour on Hemphill Road from Alsbury Boulevard to the north City Limit line. (Final Reading)

.

G

Ordinance A-312-08 for the voluntary annexation of approximately 108.6 acres located south of Hidden Creek Parkway west of East Renfro Street. (Case No 08-085) (Final Reading)

 

H.

Ordinance A-313-08 for the voluntary annexation of approximately 14.23 acres located south of Hidden Creek Parkway west of East Renfro Street. (Case No 08-084) (Final Reading)

 

I.

Ordinance B-745 (A0808), amending Ordinance B-745 and Chapter 66 of the Burleson Code of Ordinances concerning the sale of Secondhand Goods. (First Reading)

 

J.

Resolution R-1127-08 supporting the “Less Tears…More Years” Campaign addressing teenage driving safety.

           Other Items for Consideration

 

K. 

Accept Quarterly Investment Report – Periods ending 12/31/07, 3/31/08, and 6/30/08

 Presentations

2.

 A.

Boards, Commissions, and other Advisory groups.

 

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.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well, known as the B. Davenport Unit 7H, on an existing pad site located at 7940 FM 1902.  (Case No. 08-101)

 

B.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for two (2) gas wells, known as the Allenco Unit 2H and 3H, on an existing pad site located at 1552 S.W. Hulen Street.  (Case No. 08-100)

 

C.

Public hearing and consideration of Ordinance B-683 (A0808) amending Ordinance B-683, the Villages of Wakefield Planned Development (PD) zoning district, located along the west side of FM 731 between Alsbury Boulevard and Hillside Drive (Case 08-105) (First Reading)

 Ordinances & Resolutions

4.

     A.

Resolution R-1128-08 supporting the use of "green cement" in municipal projects.

Contracts & Agreements

5.

A. 

No items at this meeting

 Other Items for Consideration

6.

A. 

Appointment of Community At Large Members to Burleson Opportunity Fund Board of Directors.

 Reports & Discussion Items

7.

A.

Economic Development

 

B.

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

 

C.

Proposed FY 2008-09 Annual Operating Budget

 

D.

Ordinance B-749-06 Animal Care and Control; regarding the maintenance of potbellied pigs as domestic pets

 

E.

Discussion of Solid Waste Enterprise Fund

 

F.

Discussion of Various Ordinances

 

G.

Discussion of Potential Charter Revision Process

 

H.

Various Staff Reports

 Council and Staff Comments

8.

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 McCrory,
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. vs. City of Burleson, Texas.

2.

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

3.

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.

4.

Florence Corbin, Claimant.

5.

Darren G. Yancy, Sr. and Carol A. Yancy, Individually and as next of friend for et al.  vs. City of Burleson, and Burleson Youth Association

6.

Serrano, 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.
(2) Consultation with attorney to receive advice regarding demands for payment for non-executive mineral lease for bonus and delay payments made to City of Burleson
  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. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.
  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 (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit.

  2. 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.

 

This page last updated October 7, 2008