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AGENDA
BURLESON CITY COUNCIL
March 21, 2016

BURLESON CITY HALL
141 W. RENFRO
BURLESON, TX 76028
 
             
WORK SESSION – 5:00 p.m.

Call to Order
 
1.   Discuss possible ordinance changes and code issues. (Lisa Duello)
 
2.   Review of the new City mobile app. (Sally Ellertson)
 
3.   Review of the new Public Works Recollect mobile app (Aaron Russell)
 
4.   Review of OpenGov Interactive Financial Reporting Portal (Rhett Clark)
 
5.  
Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. 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.
 
7.   As time permits, items from the Presentations and Reports & Discussion sections of the Regular Session may be moved up on the agenda and discussed.
 
REGULAR SESSION – 7:00 p.m.

Call to Order

Invocation – Pastor Bob Massey, Southwest Christian Fellowship

Pledge of Allegiance
 
1.   Presentations
 
A.   Proclamations
  • Walk for Life - Cherish Life Day, April 2, 2016 (Jane Burton, Executive Director of Next Step Women's Center)
 
B.   Presentations
 
C.   Community Interest Items
This is a standing item on the agenda of every regular meeting of the City Council. (The Texas Open Meetings Act effective September 1, 2009, provides that "a quorum of the city council may receive from municipal staff, and a member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed." The Open Meetings Act does not allow Council to discuss an item concerning pending City Council business unless it is specifically, appropriately posted on the agenda). An "item of community interest" includes the following:
  • expressions of thanks, congratulations, or condolence;
  • information regarding holiday schedules;
  • honorary recognitions of city officials, employees, or other citizens;
  • reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by city official or city employee; and
  • announcements involving imminent public health and safety threats to the city.
 
D.   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 discussion of 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).
 
  Items to be continued or withdrawn.
 
  Items to be withdrawn from the consent agenda for separate discussion.
 
2.   Consent Agenda
All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.
 
  General
 
A.   Minutes from the February 15, 2016 regular council meeting. (Amanda McCrory) Click to View
 
B.   Minute Order City of Burleson Planning and Zoning and Parks Board appointments (Amanda McCrory) Click to View
 
C.   Ordinance appointing the Presiding Municipal Court Judge and Associate Municipal Court Judges of the Municipal Court of Record, City of Burleson for a term of two years, expiring on March 30, 2018.  (First Reading) (Amanda McCrory) Click to View
 
D.   Authorization to apply for SAFER grant application. (Chief Freeman) Click to View
 
  Development Applications
 
E.   Replat of Lots 3R1-3R3, Block 9, Alsbury Village Addition, being approximately 3.182 acres of land located north of the intersection of Hemphill St and Alsbury Blvd, City of Burleson, Johnson County, Texas (Case 16-017) (Justin Bond) Click to View
 
F.   Right-of-way agreement with Old Texas Brewing Company for the use of parking spaces on Ellison Street. (Justin Bond) Click to View
 
G.   Ordinance for text amendments to City of Burleson Code of Ordinances, Appendix A – Subdivision and Development Regulations to allow for a staff approval process for certain plat types and to provide additions, deletions and modifications to text for the purpose of improving the clarity of the section. (Case 16-008) (Final Reading) (Justin Bond) Click to View
 
H.   Minor Plat of Lot 1, Block 1, Ritchie Martin Estates, being approximately 2.0 acres of land located off of County Road 810 within the City of Burleson's ETJ (Case 16-013) (Justin Bond) Click to View
 
  Award of Contracts/Purchasing
 
I.   Renewal of the current Automatic Aid agreement for Fire Protection Services with Briar Oaks Volunteer Fire Department. (Chief Freeman) Click to View
 
J.   Annual Contract for Janitorial Services (ITB 2016-008) (Aaron Russell) Click to View
 
K.   Contract with Linebarger, Goggan, Blair & Sampson for collection of Delinquent Municipal Court Fines and Fees. (Constance White) Click to View
 
L.   Financial Transactions (Rhett Clark) Click to View
 
3.   Development Applications
 
A.   Public hearing for the voluntary annexation of approximately 44.293 acres situated in the Hall Neilson Survey, Abstract 658, Johnson County, Texas, and located in the Burleson Extraterritorial Jurisdiction (ETJ) off of CR 602. (Case 16-007) (Justin Bond) Click to View
 
B.   Public hearing for the voluntary annexation of approximately 48.266 acres situated in the Isaac Saunders Survey, Abstract No. 800, and the W.G. Ray Survey, Abstract No. 731, and the T.W. Bundick Survey, Abstract 77, Johnson County, Texas, and located in the Burleson Extraterritorial Jurisdiction (ETJ) off of FM 917. (Case 16-010) (Justin Bond) Click to View
 
C.   Public Hearing and consideration of a zoning change request on 3.00 acres of land located in the Ira Clemons Survey, Abstract 170, from Agricultural (A) District to Site Plan (SP) District, addressed as 2324 S. Burleson Blvd, City of Burleson, Johnson County, Texas. (Case 16-019). (Final Reading) (Justin Bond) Click to View
 
D.   Public Hearing and consideration of an ordinance for amendments to City of Burleson Code of Ordinances, Appendix B – Zoning Ordinance, Article IV, Sections 100 – Old Town Overlay District, and Section 101 – IH35 Overlay District to modify the overlay district boundaries. (Case 16-009) (First Reading) (Justin Bond) Click to View
 
E.   Public Hearing and consideration of a Replat of Lot 5-W, Happy Hill, being approximately 2.67 acres of land located off of FM 917 within the City of Burleson's ETJ (Case 16-001) (Justin Bond) Click to View
 
F.   Commercial Site Plan for a 3,000 sq. ft. office building to be located at 116 N Dobson St, City of Burleson, Johnson County, TX (Case 16-004) (Justin Bond) Click to View
 
G.   Commercial Site Plan for 201 W Bufford St, City of Burleson, Johnson County, TX (Case 16-018) (Justin Bond) Click to View
 
H.   Preliminary Plat of Highland Oaks Addition located off of County Road 707 in the City of Burleson's ETJ. (Case 16-015) (Justin Bond) Click to View
 
4.   General
 
A.   Public Hearing and consideration of the Council to continue, modify or abolish ordinance B-662, the City of Burleson's ordinance establishing curfew hours for minors. (Chief Cordell) Click to View
 
B.   Supplemental Appropriations Ordinance for the purpose of replacing equipment (First Reading) (Rhett Clark) Click to View
 
C.   Resolution Establishing the Dates and Times for Two Public Hearings Concerning Proposed Involuntary Annexations (Justin Bond) Click to View
 
5.   Award of Contracts/Purchasing
No items for consideration.
 
6.   Reports & Discussion Items
 
A.   City Council Committees
This is a standing item on the agenda of every regular meeting of the Council so that the Staff and Council Committee Members may make a report to the full body of the City Council.

(The City Council has established committees of the Council that meet from time-to-time to consider recommendations to forward to the full body of the City Council regarding business of the City. The committees are as follows: Appointments & Council Policies Committee; Community & Intergovernmental Relations Committee; Community Services Committee; Finance & Internal Services Committee; Governance & Stewardship Committee; Infrastructure & Development Committee; Public Safety & Court Committee. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act).
 
7.   Executive Session
 
A.   Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(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 18th of March 2016, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

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 817-426-9600, or TDD 1-800-735-2989.
 
 
EXECUTIVE SESSION
The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas:Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney:
  1. The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following:
  • Southwestern Bell Telephone Company, et al v. City of Burleson, Cause No. C-2012-00205.
  • Claims against the City
  • Seek advice of city attorney on legal issues related to:
  1. Recent Legislative Enactments Relating to Subdivision, Zoning, Development and Annexation Issues.
  2. Use of public rights-of-way for private purposes.
  3. Issues related to legal non-conforming uses.
  1. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property.
    • Right of way acquisition for roadway, trails and utility line extension.
    • Purchase or lease of property for municipal and/or park use.
    • Purchase, lease, exchange or value of municipal property.
     
  2. Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.
     
  3. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, contract and duties of a public officer or employee, municipal judge, city secretary, and city manager.
     
  4. 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.
     
  5. Pursuant to Sec. 551.087, to discuss or deliberate 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 to deliberate the offer of a financial or other incentive to said business prospect.
     
  6. Pursuant to Sec. 418.0183(f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts (must be tape recorded).

    

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