AGENDA BURLESON CITY COUNCIL April 15, 2013 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028

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1 AGENDA BURLESON CITY COUNCIL April 15, 2013 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX WORKSESSION 6:00 p.m. Call to Order 1. Proclamation National Volunteer Week 2. Update on Target Industry Study with Burns Development Group (Bradley Ford) 3. Discussion of Capital Improvements Program (CIP) (Paul Cain/Dale Cheatham) 4. Discussion of items listed on tonight s city council agenda. 5. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , Sec , Sec , Sec , Sec and Sec (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. REGULAR SESSION 7:00 p.m. Call to Order Invocation Pledge of Allegiance 1. Presentations A. Proclamations National Day of Prayer Motorcycle Safety and Awareness Month B. Presentations Fire Prevention poster contest winners (Kellye Cunningham) C. Community Interest Items This is a standing item on the agenda of every regular meeting of the City

2 City of Burleson Burleson City Council Agenda April 15, 2013 Page 2 of 5 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 a 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 April 1, 2013 regular Council session. (Amanda McCrory) B. Financial Transactions. (Rhett Clark) Ordinances & Resolutions and Other Related Items C. Ordinance B (A0413), providing various amendments to Chapter 6 Animal Care and Control of the Code of Ordinances including provisions for the keeping of fowl in the City and the prohibition of dogs on certain City property. (Final Reading) (Lisa Duello)

3 City of Burleson Burleson City Council Agenda April 15, 2013 Page 3 of 5 Contracts & Agreements and Other Related Items D. License Agreement with Mistletoe Hill HOA for Landscaped Entry. (Peter Krause) Other Items for Consideration E. Minute Order MO (A0413), Revising the City of Burleson Financial Policy Statements minimum General Fund unassigned balance to 20% of operating expenditures, and revising the minimum working capital level in the Water and Wastewater Fund to 20% of budgeted operating expenditures. (Rhett Clark) 3. Public Hearings and Other Related Items A. Continuation of a Public Hearing and consideration of a request for a zoning change from Agricultural (A) District (and un-zoned extraterritorial jurisdiction (ETJ) property being considered for voluntary annexation), to Industrial (I) District on acres of land out of the George W. Parsons Survey, Abstract No. 689, Johnson County. (Case ) (Kevin Lasher) 4. Ordinances & Resolutions and Other Related Items A. Ordinance C (F0413), amending the Budget, increasing appropriations in the General Fund by $617,119, increasing appropriations in the Water and Wastewater Fund by $568,800, and increasing appropriations in the Equipment Replacement Fund by $389,018. (First Reading) (Rhett Clark) 5. Contracts & Agreements and Other Related Items A. No items for consideration. 6. Other Items for Consideration A. No items for consideration. 7. Reports & Discussion Items A. PD Quarterly Report (Chief Cowan) B. Old Town ordinance, standards, process, and related issues. C. Continuation of Discussion Agenda Items from Work Session. D. 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

4 City of Burleson Burleson City Council Agenda April 15, 2013 Page 4 of 5 Council Committees are public meetings posted as required by the Texas Open Meetings Act). 8. Executive Session A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , Sec , Sec , Sec , Sec and Sec (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 12 of April 2013, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas. Amanda McCrory 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 , or TDD

5 City of Burleson Burleson City Council Agenda April 15, 2013 Page 5 of 5 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: 1. Pursuant to Sec (1)a, (1)b, and (2), consultation with its Attorney: 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 Joseph Van Velzor vs. City of Burleson, Civil Action No. 3:12-cv Petition for release of property, Petitioner, Alejandro Chinchilla owner of Silver Pneumatic Semi-Trailer; Cause No. C Seek advice of city attorney on legal issues related to: 1. Creative or innovative housing programs 2. Interpretation of Old Town Historic zoning district and ordinance. 2. Pursuant to Sec , 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. 3. Pursuant to Sec , deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body. 4. Pursuant to Sec , personnel matters related to the appointment, employment, evaluation, and duties of the City Attorney and the City Secretary. 5. Pursuant to Sec , deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit. 6. Pursuant to Sec , 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. 7. Pursuant to Sec (f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts; must be tape recorded.

6 Memorandum April 15, C-1 To: From: Honorable Mayor Shetter and members of the Burleson City Council City Manager s Office Date: April 15, 2013 Subject: Community Interest Items. Council Action Requested: There is no action required of council; these items are for general discussion. Background Information: This is a standing item on the agenda of every regular meeting of the 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 law provides that 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 a city official or city employee; and, announcements involving imminent public health and safety threats to the city. 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. Board/Citizen Input: N/A Financial Considerations: N/A Attachments: N/A Staff Contact: City Manager s Office City Secretary s Office

7 Memorandum April 15, D-1 To: From: Honorable Mayor Shetter and members of the Burleson City Council City Manager s Office Date: April 15, 2013 Subject: Citizen Appearances. Council Action Requested: Background Information: 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. Board/Citizen Input: Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: Staff Contact: City Manager s Office City Secretary s Office

8 2A - 1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Amanda McCrory, City Secretary Date: April 15, 2013 Subject: Minutes from the April 1, 2013 regular Council session. Council Action Requested: Approve the minutes from the April 1, 2013 regular Council session. Background Information: Board/Citizen Input: Financial Considerations: Attachments: Minutes of the April 1, 2013 regular Council session Staff Contact: Amanda McCrory City Secretary

9 2A - 2 Roll Call: BURLESON CITY COUNCIL REGULAR SESSION April 1, 2013 DRAFT MINUTES Council present: Stuart Gillaspie (6:25pm) Rick Green Jerry Allen Ken Shetter (6:30pm) Dan McClendon Matt Aiken Ronnie Johnson Council Absent: Staff Dale Cheatham, City Manager Amanda McCrory, City Secretary Allen Taylor, City Attorney WORKSESSION Councilmember Dan McClendon Call to Order: 6:05pm 1. Briefing on proposed amendments to sign ordinance. (Kevin Lasher/Lisa Duello) Lisa Duello, Director of Neighborhood Services presented to council the proposed amendments to the sign ordinance. 2. Presentation and discussion of 2013 Mosquito Surveillance and Control Plan. (Lisa Duello) Lisa Duello, Director of Neighborhood Services presented to council the 2013 Mosquito Surveillance and Control Plan. 3. Discussion of items listed on tonight s city council agenda None 4. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , Sec , Sec , Sec , Sec and Sec (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. 5. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session

10 2A - 3 REGULAR SESSION Call to order Time: 7:06pm Invocation Stacy Singleton, Fire Marshal Pledge of Allegiance Presentations 1A. Proclamations. National Library Week Mayor Shetter presented to the Library Board, Friends of the Library and Library staff. 1B. Presentations None 1C. Community Interest Items. None 1D. Citizen Appearance Richard Landrum, 528 N.W. Renfro, Burleson, TX addressed the council about the nuisance ordinance in reference to parking in the yard. Mr. Landrum would like an exemption for the portion of NW Renfro for on-street parking, between Alsbury and Wilshire, to help alleviate the problem with cars being hit that are parked on the street. Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. Consent Agenda 2A. Minutes from the March 1, 2013 Special Council session. Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed B. Minutes from the March 18, 2013 regular and special Council sessions. (Amanda McCrory) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed 7-0.

11 2A - 4 2C. Financial Transactions. CITY OF BURLESON FINANCIAL TRANSACTIONS March 18, b.-1 VENDOR NAME DESCRIPTION AMOUNT FUND DEPT REQUISITIONS OVER $3,000: HUGULEY ASSESSMENT CENTER FIREFIGHTER PHYSICALS 12, GF FIRE CREDITRON CORPORATION ANNUAL MAINTENANCE 3, GF IT AMERICAN UNDERWATER SERVICES, INC DREDGING IRRIGATION LAKE 24, HCGF HIDDEN CREEK GOLF COURSE TOM S MECHANICAL, INC. REPLACE AC UNIT AT GOLF COURSE 27, HCGF HIDDEN CREEK GOLF COURSE 2L CONSTRUCTION INCREASE PO , ORIGINAL PO $102, INCREASE 4, TOTAL 106, ADJUST FINAL QUANTITIES OF HYDROMULCH. 4, CO WATER/SEWER ENGINEERING OTHO FERRILL LAWSON ESTATE ACQUISITION OF PARCEL 45 FOR STONE ROAD CONSTRUCTION 48, GO STREETS ENGINEERING WATSON-MAY DEVELOPMENT ACQUISITION OF PERMANENT WATERLINE AND TEMPORARY CONSTRUCTION EASEMENT ON HULEN PUMP STATION WATERLINE 25, GO WATER/SEWER ENGINEERING PAYMENTS OVER $3,000: TAYLOR, OLSEN, ADKINS, SRALLA & ELAM, L.L.P. FEBRUARY ATTORNEY FEES 39, GF WWF CITY MANAGER Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed 7-0.

12 2A - 5 2D. Ordinance C , a request for a zoning change on approximately 0.44 acres for Summercrest Pool, located at Lots 1 and 2, Block 6 of the Summercrest Addition and 0.38 acres located in the M. Hunt Survey, Abstract Number 383, Tract 26A, from Single Family 7 (SF7) District to a Planned Development (PD) District for all uses permitted within the Neighborhood Services (NS) District with additional and prohibited uses as specified. (Case )(Final Reading) (Kevin Lasher) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed E. Ordinance C , a request for a zoning change from Agricultural (A) District to Commercial (C) District on approximately acres of land located at 3448 S. Interstate Highway 35W Frontage Road. (Case ) (Final Reading) (Kevin Lasher) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed F. Ordinance C-590(C0313), amending Ordinance C-590(B0412) regarding the collection of water and wastewater impact fees and updating the Effective Impact Fees (Final Reading) (Laura Melton) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed G. Resolution R , determining the necessity of acquiring a rightof-way parcel and authorizing the City Attorney to proceed with eminent domain proceedings. (Laura Melton) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed H. Resolution R , determining the necessity of acquiring a permanent drainage and utility easement and authorizing the City Attorney to proceed with eminent domain proceedings. (Laura Melton) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed 7-0.

13 2A - 6 2I. First amendment to the production agreement between CSG Systems, Inc. and the City of Burleson which includes the services of printing and mailing of utility bill payments including utility bill inserts. (Aaron Russell) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed J. Consideration of a Final Plat of acres for Plantation, Phase 3A, Block 8, Lots 22-26, Block 10, Lots 12-21, Block 11, Lots 15-26, Block 12, Lots 1-8, and Block 16, Lots 13-27, out of the Williams B. Capps Survey, Abstract No. 140, City of Burleson, Johnson County. The subject property is zoned Single Family 7 (SF-7) District. (Case No ) (Kevin Lasher) Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed 7-0. Public Hearings and Related Ordinances 3A. Public Hearing and consideration of Ordinance C , a request for a zoning change from Agricultural (A) District (and un-zoned extraterritorial jurisdiction (ETJ) property being considered for voluntary annexation), to Industrial (I) District on acres of land out of the George W. Parsons Survey, Abstract No. 689, Johnson County. (Case ) (First Reading) (Kevin Lasher Kevin Lasher, Director of Community Development presented to council Ordinance C , a request for a zoning change from Agricultural (A) District (and un-zoned extraterritorial jurisdiction (ETJ) property being considered for voluntary annexation), to Industrial (I) District on acres of land out of the George W. Parsons Survey, Abstract No. 689, Johnson County. (Case ) Mayor Shetter opened the public hearing. Time: 7:22pm Ottis Lee, 1320 Santa Fe Dr., Weatherford, TX representative of the property owner and the developer gave additional information and was available for further information. Mayor Shetter closed the public hearing. Time: 7:24pm Mayor Shetter re-opened the public hearing. Time: 7:24pm Chris Reed, 6825 CR 518, Burleson, TX, is the adjacent land owner whose property is his home. He is worried about the Industrial Development next to his property and problems it will bring, such as noise.

14 2A - 7 Ottis Lee, 1320 Santa Fe, Dr., Weatherford, TX, will be bringing back specific information on measures that will alleviate some of the concerns dealing with landscaping, noise and lighting. Mayor Shetter closed the public hearing. Time: 7:34pm Motion was made by Matt Aiken and seconded by Dan McClendon to approve Motion passed 7-0 3B. Remove from the table, Continue the Public Hearing and Consideration of Ordinance D (C0213), a request to amend the Hidden Vistas Planned Development (PD) zoning district containing approximately acres of land located on E Hidden Creek Pkwy. (Case ) (First reading) (Kevin Lasher) Motion was made by Matt Aiken and seconded by Rick Green to remove from the table item 3B and 3C. Kevin Lasher, Director of Community Development presented to council Ordinance D (C0213), a request to amend the Hidden Vistas Planned Development (PD) zoning district containing approximately acres of land located on E Hidden Creek Pkwy. (Case ) Mayor Shetter continued the public hearing. Time: 7:45pm Glen Anderson, 2213 Woodlands Circle, Midlothian, TX president of Value Builders specialize in rental properties. David Lewis, 660 N. Central Expressway, #120, Plano, TX Infinity Real Estate, the management company for the duplexes. Peter Thomas, 821 Merian Dr., Burleson, TX is the developer for this Planned Development. Mayor Shetter continued the public hearing. Time: 8:32pm Motion was made by Matt Aiken and seconded by Jerry Allen to table the item until the applicant wants the item brought back to council. Motion passed C. Remove from the Table and Consider a Preliminary Plat of approximately acres of the Hidden Vistas subdivision located in the City of Burleson. (Case ) (Kevin Lasher) Motion was made by Matt Aiken and seconded by Rick Green to remove from the table item 3B and 3C.

15 2A - 8 Motion passed 7-0. Motion was made by Matt Aiken and seconded by Jerry Allen to table the item until the applicant wants the item brought back to council. Motion passed 7-0. Ordinances & Resolutions and Other Related Items 4A. Ordinance B (A0413), amending Chapter 6, Animal Care and Control of the Code of Ordinances of the City of Burleson by amending section 6-1, Definitions, by amending the definition of currently vaccinated and adding a definition of fowl shelter and amending section 6-8 by adding a new subsection 6-8(d) Exceptions, relevant to the keeping of fowl in the City, providing guidelines for the keeping of certain fowl in the City and providing for variance procedures for the keeping of certain fowl (first reading); and also consideration of new regulations prohibiting dogs in certain parks. (Lisa Duello) Lisa Duello, Director of Neighbor Hood Services, presented to council Ordinance B (A0413), Providing Various Amendments to Chapter 6 Animal Care and Control of the Code of Ordinances including provisions for the keeping of fowl in the City (First Reading) and also consideration of new regulations prohibiting dogs in certain parks. Philip Wilkinson, 241 SW Rand, Burleson, TX wants to prohibit dogs at baseball fields. Mr. Wilkinson supports chicken revision Lee Davidson, 236 Lester St., Burleson, TX wants to prohibit dogs at the baseball fields but to keep them to a narrow scope specific to the fields not the surrounding area of the park. Matt Powell, 340 CR 714, Burleson, TX is in favor of restricting dogs in the baseball playing field area. Mr. Powell supports the dogs on leashes in the areas that are hike and bike trails. He is concerned with the safety of the children. Motion was made by Dan McClendon and seconded by Rick Green to approve Ordinance B (A0413) as stated above. Motion passed 6-1. Jerry Allen against. 4B. Institution of voluntary annexation proceedings by first reading of annexation Ordinance A for the annexation, and partial reannexation, of approximately acres of land out of the George W. Parsons Survey, Abstract No. 689, Johnson County, Texas. (Case ) (First Reading) (Kevin Lasher)

16 2A - 9 Kevin Lasher, Director of Community Development presented to council Ordinance A for the annexation, and partial re-annexation, of approximately acres of land out of the George W. Parsons Survey, Abstract No. 689, Johnson County, Texas. (Case ) Motion was made by Dan McClendon and seconded by Stuart Gillaspie to approve. Motion passed 7-0. Contracts & Agreements and Other Related Items 5A. No items for consideration Other Items for Consideration 6A. Consideration of a Commercial Site Plan for Burleson Air & Heating located at 116 SW Haskew St within the City of Burleson. (Case No ) (Kevin Lasher) Kevin Lasher, Director of Community Development presented to council the Commercial Site Plan for Burleson Air & Heating located at 116 SW Haskew St within the City of Burleson. (Case No ) Break 9:16pm 9:29pm Sherry Bumgardner, designed the building Jim Bailey, 344 S Warren, Burleson, TX is supportive of the Old Town Design Standards revisions. Motion was made by Matt Aiken and seconded by Jerry Allen to approve. Motion passed 6-1. Ken Shetter against. 6B. Consideration of a Preliminary Plat (Case ), Final Plat (Case ), and Commercial Site Plan (Case ) for acres of land in the Grace Church Addition, located at 880 W CR 714, in the City of Burleson. (Kevin Lasher) Kevin Lasher, Director of Community Development presented to council Preliminary Plat (Case ), Final Plat (Case ), and Commercial Site Plan (Case ) for acres of land in the Grace Church Addition, located at 880 W CR 714, in the City of Burleson. Motion was made by Stuart Gillaspie and seconded by Rick Green to approve. Motion passed 7-0.

17 2A Reports & Discussion Items 7A. Continuation of Discussion Agenda Items from Work Session. 7B. 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; Infrastructure & Development Committee; Public Safety & Court Committee. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act.) Executive Session 8A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, 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. Motion was made by Jerry Allen and seconded by Matt Aiken to convene into executive session. Motion passed 7-0. Time: 10:25pm Motion was made by Jerry Allen and seconded by Rick Green to reconvene into open session. Motion passed 7-0. Time: 11:01pm Motion was made by Dan McClendon and seconded by Rick Green to authorize City Manager to proceed with purchase of property ( Calvary Baptist Church ) discussed in executive session for a price of $11 per square foot plus applicable closing costs.

18 2A - 11 Motion passed 7-0. There being no further discussion Mayor Shetter adjourned the meeting. Time: 11:02pm Amanda McCrory City Secretary

19 Memorandum April 15, B -1 To: From: Honorable Mayor Shetter and members of the Burleson City Council Rhett Clark, Director of Finance Date: April 15, 2013 Subject: Financial Transactions. Council Action Requested: Approve financial transactions. Background Information: The City Charter requires payments and requisitions over $3,000 be approved by City Council. The following are transactions entered as of the publication of this agenda. Additional transactions requiring Council approval will be enclosed in Council folders the night of the Council meeting. Board/Citizen Input: Financial Considerations: Please review each individual financial transaction for financial considerations. Attachments: Financial transactions from March 29, 2013, through April 11, 2013 Staff Contact: Rhett Clark, Director of Finance

20 2B -2 CITY OF BURLESON FINANCIAL TRANSACTIONS April 15, b.-1 VENDOR NAME DESCRIPTION AMOUNT FUND DEPT REQUISITIONS OVER $3,000: FOWLER LAND MANAGEMENT LLC BRUSH GRINDING 5, SWF SOLID WASTE HD SUPPLY WATERWORKS LTD METERS FOR SUMMERCREST NEW CONSTRUCTION. ITB , AWARDED 5/21/12 9, W&WF WATER GOODRICH SCHECTER & ASSOCIATES APPRAISAL FEE FOR BAILEY LAKE 4, PIF PARKS TEAGUE NALL AND PERKINS, INC. INCREASE PO , ORIGINAL PO $311, INCREASE 13, TOTAL 325, MDG PUMP STATION WATERLINE DESIGN 13, GO-WATER & SEWER ENGINEERING JOHNSON COUNTY TAX ASSESSOR JASCO SERVICES INCREASE PO , ORIGINAL PO $41, INCREASE 11, TOTAL 52, AD VALOREM TAX COLLECTION FEES FY 2013 ADDITIONAL FUZZY S TACO ALLEY ORGINAL CONTRACT OLD TOWN MOBILITY , GF FINANCE 16, GO BOND S&D ENGINEERING RON STURGEON REAL ESTATE ACQUISITION OF PARCEL 46 FOR CONSTRUCTION OF STONE ROAD 29, GO STREETS ENGINEERING ELLERBEE WALCZAK, INC. TESTING ON PRIVATE DEVELOPMENT AND CAPITAL PROJECTS 9, GF 2006 CO WATER/SEWER ENGINEERING LIVING WATER CHURCH ACQUISITION OF PERMANENT WATERLINE & TEMPORARY CONSTRUCTION EASEMENT FOR HULEN PUMP STATION WATERLINE 8, W&S REVENUE BOND ENGINEERING

21 2B -3 VENDOR NAME DESCRIPTION AMOUNT FUND DEPT VISUALPRO 360 LLC TARRANT COUNTY CONSTABLE DARRELL HUFFMAN AUTOMATED LICENSE PLATE RECOGNITION CAMERA FOR NEW MARSHAL TAHOE ACQUISITION OF PARCEL 44 FOR CONSTRUCTION OF STONE ROAD VIA TAX AUCTION 11, SRF MUNICIPAL COURT 10, GO STREETS ENGINEERING CONSOLIDATED TRAFFIC CONTROLS, INC. BATTERY BACKUP EQUIPMENT FOR RENFRO / ALSBURY INTERSECTION 5, GO BOND S&D ENGINEERING PAYMENTS OVER $3,000: ONCOR CITIES STEERING COMMITTEE 2013 ASSESSMENT 3, GF FINANCE TAYLOR, OLSON, ADKINS, SRALLA & ELAM, LLP ATTORNEY FEES 8, GF/WWF CITY MANAGER

22 Memorandum April 15, C-1 To: From: Honorable Mayor Shetter and members of the Burleson City Council Lisa Duello, Director of Neighborhood Services Date: April 15, 2013 Subject: Ordinance B (A0413), providing various amendments to Chapter 6 Animal Care and Control of the Code of Ordinances including provisions for the keeping of fowl in the City and the prohibition of dogs on certain City property. (Final Reading) Council Action Requested: Consider Ordinance B (A0413), amending Chapter 6, Animal Care and Control of the Code of Ordinances of the City of Burleson by amending section 6-1, Definitions, by amending the definition of currently vaccinated and adding a definition of fowl shelter ; adding section 6-5, Animals in City Athletic Parks, prohibiting dogs on certain City property; and amending section 6-8 by adding a new subsection 6-8(d) Exceptions, relevant to the keeping of fowl in the City, providing guidelines for the keeping of certain fowl in the City and providing for variance procedures for the keeping of certain fowl (final reading). Background Information: This ordinance passed by a vote of 6 for and 1 against on first reading during the April 1, 2013 City Council meeting with direction from Council to add provisions regarding the prohibition of dogs in specific areas within certain parks on final reading of the ordinance. Consideration 1: Rabies Vaccinations Burleson Animal Services is the rabies control authority for the City and enforces the current regulations relevant to required rabies vaccinations. The current regulations require pet owners to vaccinate their animals annually. Since 2003, the State of Texas has recognized a 1-year or 3-year rabies vaccination depending on the vaccine used. Furthermore, several local veterinarians administer the 3 year rabies vaccination. The problems that Animal Services encounters when enforcing our current code are the following:

23 2C-2 Animal Services requires all pet owners to show proof of current rabies vaccination for any type of call (at large, barking etc.). On many occasions the pet owner will have a 3 year vaccination but staff has to require another vaccination because the current code requires it annually. This can be very disconcerting for many pet owning citizens when their veterinarian said that the vaccination was good for three (3) years and they have to pay for another one. If an incident warrants quarantine and the pet owner has the 36 month vaccine, the current regulations requires the pet owner to use a quarantine facility (at the price of anywhere from $10 to $30 a day for 10 days) instead of using a home quarantine. Again, this is upsetting and can become very costly to a pet owner who thought they had a current vaccination for their pet. A survey was conducted of our comparison cities and found that nine (9) cities recognize the 36 month rabies vaccination and six (6) cities recognize the 12 month. City 1 Year RV 3 Year RV Arlington X Cedar Hills X Coppell X Cleburne X The Colony X Desoto X Flower Mound X Fort Worth X Grand Prairie X Grapevine X Hurst X Lancaster X Mansfield X North Richland Hills X Weatherford X

24 2C-3 A survey was conducted of local veterinarians and found 12 of the 15 veterinarians administer a 36 month vaccine and three (3) administer a 12 month vaccine with one (1) providing both. Veterinarian 1 Year RV 3 Year RV Alsbury Animal Clinic X Alvarado Veterinary Clinic X Animal Medical Clinic X Banfield X Burleson Low Cost Spay Neuter Clinic X Burleson Small Animal Hospital X Cleburne Veterinary Hospital X X Countryside Animal Medical Center X Crowley Road Animal Hospital X Deer Creek Animal Hospital X East Renfro Animal Clinic X Joshua Animal Clinic X Northside Animal Clinic X Rendon Road Animal Clinic X Rice Animal Hospital Recommended every 12 months X On January 7 th, prior to the February 4 th City Council work session, the local veterinarians were notified (see attachment) regarding the proposed amendments. No objections were received regarding the proposal. The veterinarians were notified again on March 19 (see attachment) regarding the proposed amendments being considered for adoption on first reading at the April 1, 2013 meeting. Furthermore, a public service announcement was posted in the local paper regarding the proposed changes. This proposed amendment would make the city current with State regulations and alleviate undue burdens to pet owners. Proposed amendment:

25 Sec Definitions. April 15, C-4 Currently vaccinated shall mean vaccinated for rabies and satisfying the following criteria: The owner of each dog or cat shall have such animal vaccinated against rabies before four (4) months of age and shall obtain a booster for the dog or cat within twelve (12) months of the initial vaccination. After the dog or cat has received its booster, the dog or cat shall be revaccinated: (1) No longer than twelve (12) months thereafter for one-year-dose vaccinations; or, (2) No longer than every thirty-six (36) months thereafter for three-year-dose vaccinations. Consideration 2: Keeping of Chickens In 2011, Animal Services investigated a complaint of chickens in a residential area and found that a resident was keeping chickens in a SF7 zoning district. The keeping of chickens in this type residential zoning district is prohibited by the current Code. Animal Services requested compliance from the citizen to remove the chickens from the residential area. Subsequently, the chicken owner spoke to City Council and requested reprieve from the current code because the chickens were used for therapy for her developmentally challenged child. The City Council directed staff to stay enforcement and research the possibility of allowing chickens in residentially zoned areas. Over the past several years there has been a reemergence of people wanting to keep backyard chickens. Proponents of backyard chickens argue the following reasons for keeping backyard chickens: 1. Fresh, healthy and safe food source 2. Sustainable food 3. Great for kids (make great pets and good for therapy) 4. Great fertilizer 5. Insect control Those opposed to chickens typically have the following concerns about the keeping of backyard chickens:

26 2C-5 1. Disease 2. Noise 3. Waste, Odor and Flies 4. Predators and Rodents The proposed ordinance amendments will address these concerns. Concern 1: Chickens Carry Diseases Communicable to Humans. According to the Centers for Disease Control, small flocks have no risk of avian flu transmission to humans. Avian flu has been in the media as a concern to commercial poultry production where birds are raised in extremely large flocks confined in over-crowded environments and fed the cheapest food possible. The proposed ordinance amendment limits the keeping of only 4 hens. Concern 2: Chickens are too noisy. Research has shown that laying hens at their loudest have about the same decibel level as human conversation (60 to 70 decibels). Hens naturally roost at night so there should be no noise concerns at night. The noise level of a rooster s crow is about the same as a barking dog, 90 decibels. The proposed amendment prohibits the keeping of roosters. Concern 3: Waste and Odor. The waste and odor concerns stems from commercial poultry production where there are extremely large flocks. A 40 pound dog generates more excrement than 10 chickens. The advantage to chicken manure is that it can be used as valuable, high-nitrogen fertilizer. Unlike dog or cat excrement, chicken manure can be combined with yard and leaf waste to create compost. Just as valuable, about 40% of the chicken manure is organic matter which can be essential in building fertile, healthy top soil. Furthermore, the proposed amendments require that the chickens be kept in a manner that does not create offensive odors, contribute to fly breeding, or create any other nuisance or conditions.

27 Concern 4: Chickens Attract Predators, Pests & Rodents April 15, C-6 Predators typically come out at night when the hens are roosting safely inside their coops. The proposed amendments require that the hens be maintained inside their coop at all times. In addition, chickens can be part of the solution to pest problems. Chickens are insatiable omnivores and will seek and eat various smaller creatures including ticks, fleas, mosquitoes, grasshoppers, stink bugs, slugs, and even mice, baby rats, and small snakes. A survey (see attachment) was conducted of our comparison cities and found that the keeping of chickens in residential areas is allowed within specific criteria in the majority of the cities. Of the 16 cities surveyed, no two (2) were identical in their restrictions and allowances. One of the principal factors to consider when allowing urban or backyard chickens is the setback from the neighboring properties or occupied dwelling units. Although the majority of the cities allow chickens in residential areas, in reality they are prohibited because the setback requirements are very stringent. Seventy percent (70%) of the residential lots in the COB are less than ¼ acre or 10,890 square feet. Consequently, if a large setback requirement of from neighboring homes is considered, it would be impossible to keep backyard chickens on many residential lots in Burleson. Accordingly, staff is proposing a 25 foot setback from neighboring homes. This 25 setback should allow a large majority of the lots in the city to keep chickens. Recognizing the 25 setback may limit some residents from keeping chickens because of the layout of their lot and how the house is situated, the proposed amendment specifies a variance process for anyone who cannot meet all the requirements. This will give individuals that may have extenuating circumstances the opportunity to possibly keep backyard chickens. The following is a summary of the proposed conditions for the keeping of chickens: 1. No more than 4 chickens 2. Must keep the chicken coop 25 from an occupied neighboring building 3. Must provide adequate shelter for chickens 4. Cannot keep chickens in front yard areas

28 5. Must provide chickens with fresh clean water and food. April 15, C-7 6. Must store chicken food in secure containers protected from rodents and insects. 7. Cannot have roosters 8. Cannot slaughter chickens 9. Must keep chickens in coop at all times 10.Cannot create offense odors or other nuisance conditions. 11.Cannot sell eggs for profit 12.Must allow City staff to inspect areas where chickens being kept. 13.A person can request a variance if they cannot meet all requirements. The variance would be considered by the City Council following a public hearing. Consideration 3: Prohibiting Dogs in Parks Under current ordinance, it is a violation if an animal in a park is not restrained by means of a leash or chain or by other physical apparatus of sufficient strength and length to preclude the animal from making any unsolicited contact with any person or their property. At the February 4 and March 4, 2013 City Council meetings, Mr. Philip Wilkinson requested that the Council look into prohibiting dogs at Chisenhall Fields during games and/or large gatherings. Additionally, Shane Ray ed (see attachment) staff supporting the same. Staff researched Police and Animals Services Department case records back to 2010 and found one (1) bite incident and three (3) aggressive dog (growling) incidents occurring in City Parks within the time period. Case research January February 2013: Police Department Total Park Calls 23 / 4 Aggressive Calls o Bartlett Park 11 calls / Aggressive 2 Incidents o Cedar Ridge Park 2 calls / Aggressive 1 Incident o Cindy Park 1 call o Elk Ridge Park 1 call / Aggressive 1 Incident o Heberle Park 1 call o Oak Valley Park North 1call

29 2C-8 o Warren Park 6 calls Animal Services 23 calls for aggressive animals, none reported in City parks 60 dog bite calls, none reported in City parks. A survey was conducted of our comparison cities and found that none prohibit dogs in parks. Additional research was conducted of other cities throughout the United States. Staff discovered very few municipalities specifically banned dogs from ball fields and patronage areas during games. However, staff discovered many cities prohibit dogs / animals from being inside the fenced playing area of the ball fields. City Lake Worth, TX Mankato, Minnesota Marion, Arkansas Russelville, Arkansas Madison, Wisconsin New York City Woodstock, Illinois Regulations No pets are allowed on any of the ball fields at any time. Dogs are allowed on the walking/biking trails and in the following parks: F.A. Buscher, Erlandson, Highland, the Kiwanis Recreation Area, Land of Memories Park and Lions Park, which features special parks for dogs. Dogs are also allowed at Premier Pond and Rasmussen Woods and need to be on a leash. Otherwise, pets are prohibited in Mankato's, Minnesota parks. Does not allow dogs or any pets inside of baseball or softball facilities due to maintenance and liability issues. Does not allow dogs in designated areas like ball fields, ball parks, playgrounds and pavilions. Dogs are not allowed in any non-designated park, children's play areas, beaches, athletic fields, conservation parks, or in any park building. Dogs are not permitted in these areas at any time. These areas include playgrounds, zoos, swimming pools/facilities, bathing areas/beaches, fountains, ball fields, or on basketball / handball / tennis courts. No dog or animal shall be permitted at any time, even when controlled by a leash, within any playground area of any park, within any fenced-in ball field or tennis court, or within any other areas of the park where signs have been posted prohibiting animals. No dogs or animals are allowed in the Park in the Square or Davis Road Park at any time.

30 2C-9 Staff has concerns about the enforceability of this prohibition under consideration. The parks/ball fields are not staffed with enforcement personnel. Parks personnel are not trained nor experienced in patrols or in writing citations as are Police officers, Marshals, Animal Control, and Code Compliance personnel. Furthermore, it s probable this type of violation will be complaint driven and happen after business hours. Therefore, the Police Department would have to respond which puts an additional burden on Police personnel and may result in less than desired response if Police are already responding to a higher priority call. As an alternative, Council could consider paying (on an overtime basis) dedicated enforcement officers to patrol the parks for violations. At the direction of City Council, staff has added the following provision to Chapter 6 Animal Care and Control to address the concerns of dogs in parks: Sec Animals in City Athletic Fields. (a) Dogs are prohibited from entering through the entryway gates and into the spectator and playing field areas at Chisenhall Fields. Dogs are permitted in the parking lot, pedestrian trail and other undeveloped areas of the park. (b) This section does not apply to a service animal if the service animal is under the control of its disabled owner and the animal does not pose a direct threat to the health or safety of others. Board/Citizen Input: The proposed rabies law and chicken amendments were discussed at a preceding Animal Shelter Advisory Committee meeting and there were no objections to the changes. Mr. Philip Wilkinson and Mr. Shane Ray have expressed support for prohibiting dogs at Chisenhall Fields during games and/or large gatherings. Financial Considerations: N/A Attachments: 1. Letters to the Veterinarians

31 2C Comparison city survey for the keeping of chicken 3. March 17, 2013, from Shane Ray 4. Ordinance B (A0413) Staff Contact: Lisa Duello, Director of Neighborhood Services Kim Peckler, Animal Services Supervisor

32 2C West Renfro Burleson, TX fax TO: FROM: Burleson Area Veterinarians City of Burleson Animal Services DATE: January 7, 2013 RE: Proposed Ordinance Amendment Relevant to Rabies Vaccination The City of Burleson is considering changing regulations related to rabies vaccination. This memo is to inform you of the proposed changes and allow you the opportunity to express your opinion on the matter. The City currently requires rabies vaccination annually (see language below). The proposed amendment would recognize both 12 and 36 months as current vaccinations, depending on the manufactures recommendation. CURRENT City of Burleson Chapter 6: Currently vaccinated shall mean vaccinated for rabies and satisfying the following criteria: (1)The animal must have been at least three months of age at the time of the rabies vaccination; (2)Not more than 12 months must have elapsed since the most recent rabies vaccination. POTENTIAL PROPOSED AMENDMENT: The owner of each dog or cat shall have such animal vaccinated against rabies before four (4) months of age and shall obtain a booster for the dog or cat within twelve (12) month of the initial vaccination. After the dog or cat has received its booster, the dog or cat shall be revaccinated: A. No longer than twelve (12) months thereafter for one-year-dose vaccinations; or, B. No longer than every thirty-six (36) months thereafter for three-year-dose vaccinations. The proposed changes will be discussed at the February 4, 2013 City Council meeting starting at 7:00 p.m. at City Hall located at 141 W. Renfro, Burleson, TX

33 2C If you have any questions please call Kim Peckler at or Lisa Duello at If you cannot attend the meeting you may submit written comments to or or mail them to Burleson Animal Services, 141 W. Renfro, Burleson, TX

34 2C West Renfro Burleson, TX fax TO: FROM: Burleson Area Veterinarians City of Burleson Animal Services DATE: March 19, 2013 RE: Proposed Ordinance Amendment Relevant to Rabies Vaccination The memo is a follow-up to our January 7, memo regarding the City of Burleson considering changing regulations related to rabies vaccination. The proposed changes were presented to the City Council on February 4 and Council directed staff to move forward with the amendments. Once more, this memo is to inform you of the proposed amendments and allow you the opportunity to express your opinion on the matter. The City currently requires rabies vaccination annually. The proposed amendment would recognize both 12 and 36 months as current vaccinations, depending on the manufactures recommendation. PROPOSED AMENDMENTS: Sec Definitions. Currently vaccinated shall mean vaccinated for rabies and satisfying the following criteria: The owner of each dog or cat shall have such animal vaccinated against rabies before four (4) months of age and shall obtain a booster for the dog or cat within twelve (12) month of the initial vaccination. After the dog or cat has received its booster, the dog or cat shall be revaccinated: (3) No longer than twelve (12) months thereafter for one-year-dose vaccinations; or, (4) No longer than every thirty-six (36) months thereafter for three-year-dose vaccinations. The proposed amendments will be considered for adoption for First Reading at the April 1, 2013 City Council meeting starting at 7:00 p.m. at City Hall located at 141 W. Renfro, Burleson, TX We will notify you again if/when there is a final adoption date. If you have any questions please call Kim Peckler at or Lisa Duello at

35 2C-14 If you cannot attend the meeting you may submit written comments to or or mail them to Burleson Animal Services, 141 W. Renfro, Burleson, TX

36 2C-15

37 2C-16 From: Sent: Sunday, March 17, :56 PM To: Lisa Duello Subject: Dogs at the baseball fields Hi Lisa, I hear that a citizen is asking that animals not be allowed inside the baseball fields. This sounds like a good idea to me, especially after what happened on Linda street just last fall. I have small children and couldn't imagine if something happened to them like what happened on Linda street. I myself, have been bothered by large dogs not being properly watched while at many baseball games. Thanks, Shane Ray 1013 Productions shane@1013productions.com 1013productions.com

38 2C-17 ORDINANCE B (A0413) AN ORDINANCE OF THE CITY OF BURLESON, TEXAS, AMENDING CHAPTER 6 ANIMAL CARE AND CONTROL ; OF THE CODE OF ORDINANCES, CITY OF BURLESON, TEXAS BY AMENDING SECTION 6-1, DEFINITIONS, BY AMENDING THE DEFINITION OF CURRENTLY VACCINATED AND ADDING A DEFINITION OF FOWL SHELTER ; ADDING SECTION 6-5, ANIMALS IN CITY ATHLETIC PARKS ; PROHIBITING DOGS ON CERTAIN CITY PROPERTY; AMENDING SECTION 6-8. PROHIBITED ANIMALS BY ADDING A NEW SUBSECTION 6-8 (D) EXCEPTIONS, RELEVANT TO THE KEEPING OF CERTAIN FOWL IN THE CITY; PROVIDING GUIDELINES FOR THE KEEPING OF CERTAIN FOWL IN THE CITY; PROVIDING FOR VARIANCE PROCEDURES FOR THE KEEPING OF CERTAIN FOWL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Burleson, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Texas Board of Health pursuant to the Texas Health and Safety Code Chapter 826 adopted Title 25 and Chapter 169 of the Texas Administrative Code, and recognizes current rabies vaccination by the label recommendations of the United States Department of Agriculture (USDA) which includes both 36 and 12 month vaccines; and WHEREAS, the City Council of Burleson wishes to revise the local ordinances to be consistent with state law, and; WHEREAS, the City Council finds that dogs should not be permitted on certain parts of City property; and

39 2C-18 and WHEREAS, in certain circumstances the keeping of chickens is beneficial to citizens; WHEREAS, the City Council has determined that in order to prevent and deter the development of detrimental nuisances that it is necessary to require certain fowl owners to comply with certain criteria for the keeping of certain fowl within the City; and, WHEREAS, the City Council recognizes that here are extenuating circumstance that not all property owners can meet the requirements for keeping of certain fowl and has provided for variance procedures; and, WHEREAS, the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety and welfare of the citizens of Burleson; and WHEREAS, the City Council of the City of Burleson, Texas finds that it is in the best interest of the citizens of Burleson to amend Chapter 6, Animal Care and Control of the Burleson City Code; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS: SECTION 1. Chapter 6, Section 6-1, Definitions, of the Burleson City Code is amended by amending the definition of currently vaccinated and adding a definition of fowl shelter to read as follows: Sec Definitions. criteria: Currently vaccinated shall mean vaccinated for rabies and satisfying the following The owner of each dog or cat shall have such animal vaccinated against rabies before four (4) months of age and shall obtain a booster for the dog or cat within

40 2C-19 twelve (12) month of the initial vaccination. After the dog or cat has received its booster, the dog or cat shall be revaccinated: (5) No longer than twelve (12) months thereafter for one-year-dose vaccinations; or, (6) No longer than every thirty-six (36) months thereafter for three-year-dose vaccinations. Fowl Shelter a farm building or structure specifically designed and constructed to constrain fowl within its confines that provides adequate space for movement and exercise; adequate ventilation, and shelter from sun, wind, cold, and moisture; provides sufficient shade to protect the animal from the direct rays of the sun at all times; and which is cleaned and sanitized. Fowl shelter may include, but is not limited to, a pen, coop or hutch. SECTION 2 Chapter 5, Section 6-5, Animals in City Athletic Fields, of the Burleson City Code is added to read as follows: Sec Animals in City Athletic Fields. (c) Dogs are prohibited from entering through the entryway gates and into the spectator and playing field areas at Chisenhall Fields. Dogs are permitted in the parking lot, pedestrian trail, and other undeveloped areas of the park. (d) This section does not apply to a service animal if the service animal is under the control of its disabled owner and the animal does not pose a direct threat to the health or safety of others. SECTION 3. Chapter 6, Section 6-8, Prohibited animals, of the Burleson City Code is amended by adding subsection (d) to read as follows: Sec Prohibited animals. (d) Exceptions for keeping of certain fowl. For the purposes of this subsection, fowl shall be limited to female chickens, hens. This subsection does not apply if the land

41 2C-20 upon which the animals are maintained is zoned A-Agricultural. A person commits an offense if the person knowingly: (1) Keeps or maintains more than four (4) fowl; (2) Keeps or maintains fowl in an adequate fowl shelter including the fenced run, at a distance closer than twenty-five (25 ) of an occupied building as defined in subsection 6-8 (c); (3) Fails to provide an adequate fowl shelter as defined in subsection 6-1; (4) Keeps or maintains fowl in the front yard area; (5) Fails to provide fowl with fresh, clean water and food; (6) Fails to store fowl feed in secure containers protected from rodents, insects and other animals; (7) Keeps or maintains roosters; (8) Slaughters fowl; (9) Fails to keep or maintain fowl within a fowl shelter, pen, coop or hutch as defined in subsection 6-1. A fenced yard shall not qualify as a pen, coop or hutch; (10) Keeps or maintains fowl in a manner that creates offensive odors, fly breeding, or any other nuisance or condition that is injurious to the public safety, or welfare; (11) Sells eggs for profit. Any eggs produced by fowl permitted under this subsection shall be for personal use only; (12) Fails to allow an animal control officer to inspect the fowl shelter, pen,

42 2C-21 coop, or hutch and related premises; (e) Variance request for keeping certain fowl. (1) Any person who cannot fully meet all requirements set forth in subsection 6-8 (d) for the keeping of certain fowl may file a request for a variance. (2) A request for a variance shall be made in writing and shall clearly state the nature and reason for the requested variance. (3) The applicant must file his or her request with the City Manager or his or her designee. (4) The City Council shall hold a public hearing within 30 days after the request is filed. (5) The City Council may approve or deny the requested variance as it deems appropriate. The City Council may place conditions on approval of any variance granted under this section. (6) The decision made by the City Council shall be final. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and the Code of the City of Burleson, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by

43 2C-22 the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. All rights and remedies of the City of Burleson are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. (a) SECTION 7. Any person, firm, corporation, or business entity violating this Ordinance shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof shall be fined a sum not exceeding five hundred dollars ($500.00). Each continuing day s violation under this Ordinance shall constitute a separate offense. (b) The penal provisions imposed under this Ordinance shall not preclude Burleson from filing suit to enjoin the violation. Burleson retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8. The City Secretary of the City of Burleson is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9. The City Secretary of the City of Burleson is hereby directed to publish in the official

44 2C-23 newspaper of the City of Burleson, the caption, penalty clause, publication clause and effective date clause of this ordinance at least two (2) times within fourteen (14) days after the passage of this ordinance as required by Section 36 of the Charter of the City of Burleson. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS DAY OF, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF, MAYOR ATTEST: CITY SECRETARY

45 2D-1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Peter Krause, Director of Parks and Recreation Date: April 15, 2013 Subject: License Agreement with Mistletoe Hill HOA for Landscaped Entry Council Action Requested: 1. Consider a License Agreement with Mistletoe Hill HOA to allow landscaping at subdivision entry at NW Park Meadow Ln. and NE McAlister Rd. Background Information: As part of the parkland dedication included in Centennial Park, a 25 wide strip of land behind five houses backing NE McAlister Rd. was incorporated into the dedicated tract. The park property extends into the area in which a landscaped entry is typically located, and the name of the subdivision is on the wall that separates the previously mentioned houses and the strip of parkland. The Mistletoe Hill Homeowners Association, through its manager Premier Communities, has requested permission to install landscaping at the intersection of NW Park Meadow Ln. and NE McAlister Rd. Staff drafted a License Agreement with the help of the City attorney (Exhibit A). The Agreement indemnifies the City and requires that the HOA include the City of Burleson as an insured on its insurance policy. It also facilitates the removal of the landscaping if it conflicts with a future use of the property by the City. The HOA will be responsible for the maintenance of the landscaping. Financial Considerations: NA

46 2D-2 Attachments: License Agreement (Exhibit A) Staff Contact: Peter Krause, Director Parks and Recreation (817) Dalan Walker, Senior Park Planner (817)

47 EXHIBIT A April 15, D-3

48 2D-4

49 April 15, D-5

50 April 15, D-6

51 April 15, D-7

52 April 15, D-8

53 Memorandum April 15, E-1 To: From: Honorable Mayor Shetter and members of the Burleson City Council Rhett Clark, CPA, Director of Finance Date: April 15, 2013 Subject: Minute Order MO (A0413), Revising the City of Burleson Financial Policy Statements minimum General Fund unassigned balance to 20% of operating expenditures, and revising the minimum working capital level in the Water and Wastewater Fund to 20% of budgeted operating expenditures. Council Action Requested: Consider a revision to City of Burleson Financial Policy Statements revising the minimum General Fund unassigned balance to 20% of operating expenditures, and revising the minimum working capital level in the Water and Wastewater Fund to 20% of budgeted operating expenditures. Background Information: The City s current policy is to maintain an unassigned fund balance in the General Fund and Water and Wastewater Fund sufficient for 60 days of operations (or 16.67%). This is a fairly standard practice in government finance, stemming from a need to cover operations between the beginning of the fiscal year and the beginning of property tax collections. Over the years, Burleson has shifted some reliance from property taxes to other revenues most notably sales tax. While sales tax revenues have the benefit of reducing the citizens property tax burden, they lack the certainty of property taxes. To illustrate, consider the following graph of the last 36 months of sales tax collections:

54 2E-2 The highlighted months represent February historically the largest month of the year. This February is 5.8% less than last year, which was 10.9% more than the prior year. A larger fund balance would provide a little more time to respond to changing trends in this volatile source which represents 25% of General Fund revenue. At the end of FY 2013, our projected unassigned fund balance in the General Fund is $6,946,000, representing 97 days or 26.6% of operations. Water and Wastewater Fund unassigned working capital is projected to be $3,604,000, representing 95 days or 25.9%. Attachments: Revised Financial Policy Staff Contact: Rhett Clark,

55 2E-3 Attachment: Section of Revised Financial Policy 4. When it is appropriate for fund balance to be assigned, the Council delegates that authority to the Director of Finance. 5. It is the goal of the City that the unassigned fund balance of the General Fund should be at least 20% of the General Fund annual expenditures. This percentage is the equivalent of 73 days expenditures. In order to adhere to the principles of matching current revenues with current expenditures and minimizing property taxes, the City will take action to reduce the fund balance if the unassigned balance grows beyond 90 days expenditures. 6. The Water and Wastewater Fund working capital should be maintained at least at 20% of total operating expenditures or the equivalent of 73 days. 7. Cash and investment balances in the City s economic development corporation special revenue funds should be maintained at a minimum of 25% of the next 12 months budgeted expenditures and transfers A. CAPITAL AND DEBT SERVICE FUNDS 1. Items in the Capital Projects Funds will be completed and paid for within 36 months of receipt of proceeds. Balances will be used to generate interest income to offset construction costs. 2. General Obligation Debt Service Funds will not have reserves or balances in excess of one month of principal and interest plus 15% of the principal outstanding for unrefunded debt issued prior to September 1, This maximum is dictated by Federal law and does not include the amounts accrued for the next debt service payment. The policy above does not preclude the debt service reserves normally established to market revenue bonds. The City's policy and bond ordinance requirements are to maintain these debt service reserves at the level of the average annual debt service. 3. Revenue Obligations will maintain Debt Coverage Ratios as specified by the bond covenants. The City is currently required to have net revenues in excess of average annual debt by 1.25 times. Net revenues must also exceed the maximum outstanding debt by 1.10 times. Both these tests must be met in order to issue additional bonds. Obligations of Burleson s economic development corporations will maintain coverage ratios as specified by bond covenants. If the City issues obligations partially secured by a limited pledge of the corporations sales tax revenues, not subject to the coverage ratios of the revenue bond covenants, coverage shall be maintained at no less than 1.25 times average annual debt service,

56 Memorandum April 15, A-1 To: From: Honorable Mayor Ken Shetter and members of the Burleson City Council Kevin Lasher, AICP, Director of Community Development Date: April 15, 2013 Subject: Continuation of a Public Hearing and consideration of a request for a zoning change from Agricultural (A) District (and un-zoned extraterritorial jurisdiction (ETJ) property being considered for voluntary annexation), to Industrial (I) District on acres of land out of the George W. Parsons Survey, Abstract No. 689, Johnson County. (Case ) Council Action Requested: 1. Continue the public hearing. (Final reading of the ordinance will occur May 20 in conjunction with the annexation petition) Summary of Request On March 19, 2013, the Planning and Zoning Commission recommended approval of this request by a vote of 6 to 0 with the condition that the new zoning classification be instituted at time of annexation. On April 1, 2013, the City Council requested this case be returned for a hearing only so that the Council and adjoining property owners may be updated on the landscaping and buffing requirements proposed for the applicant s facility. The applicant has requested this case be considered for a final reading on May 20, 2013, so that this case may be considered for final approval in conjunction with the companion annexation petition (Case ) and companion Specific Use Permit application (Case ). The property owner has requested a zoning change from Agricultural (A) District and unzoned extraterritorial jurisdiction (ETJ) to enable the development of an auto reclamation and parts distribution facility. A companion annexation petition has also been submitted by the property owner for an approximate 64 acre portion of the zoning area. The auto reclamation use (which involves the salvaging and reconditioning of after-market auto parts for wholesale distribution only) will require a Specific Use Permit (SUP) as required by the City of Burleson Zoning Ordinance; and since the subject property is

57 3A-2 located within the IH-35 Overlay District, a Commercial Site Plan (CSP) application will also be required for review by the Planning and Zoning Commission and City Council. These various applications and approval actions are being processed in accordance with the schedule shown below: Processing of Annexation and Zoning Change Requests Submitted on January 17 and February 5, 2013 Respectively Review Process Date First Required Annexation Hearing by City Council March 4, 2013 Second Required Annexation Hearing by City Council March 11, 2013 P&Z Review of Zoning Request March 19, 2013 First City Council reading of Annexation Ordinance, and Ordinance for Zoning Change Final City Council reading of Annexation Ordinance, and Ordinance for Zoning Change April 1, 2013 May 20, 2013 Processing of Specific Use Permit and Commercial Site Request Submitted March 5, 2013 Review Process Date Public DAC Review April 2, 2013 P&Z Review of SUP and CSP April 16, 2013 First City Council reading of SUP Ordinance, and Review of CSP Final City Council reading of SUP Ordinance May 6, 2013 May 20, 2013 Planning Analysis: Surrounding Land Uses: North: Property zoned Agricultural (A) zoning district containing a church facility owned by Shepherds Valley Cowboy Church. To the northeast are vacant

58 3A-3 rural properties (some containing gas wells) situated within Burleson s extraterritorial jurisdiction. South: East: West: Property zoned Agricultural (A) zoning district containing an existing single family residence. To the southeast are vacant rural properties (some containing gas wells) situated within Burleson s extraterritorial jurisdiction. Vacant rural properties (some containing gas wells) situated within Burleson s extraterritorial jurisdiction. A TxDOT rest stop along the northbound frontage of Interstate Highway 35W. The City of Burleson s 159-acre HighPoint Business Park is across the highway further west. Imagine Burleson: Roadmap to 2030 Comprehensive Plan: The zoning area is designated as an Industrial/Employment Growth Center in the Imagine Burleson: Roadmap to 2030 Comprehensive Plan. This land use category is intended for uses that offer important employment opportunities, occupy large areas of land and are generally located near major roads and heavy rail lines. Examples in the DFW Metroplex include Alliance Airport and the AgilePort. The Industrial Growth Center area in Burleson is intended to be marketed to industries with potential for upward mobility of skilled workers within the logistics and warehousing industries. This land use would typically include a mix of low and medium density industrial buildings and industrial yards, with ample surface parking for cars and trucks. The Industrial Growth Center relies on quality road access with wide street lanes and large intersections, and may be linked to rail for freight purposes. The addition of an Industrial (I) zoning district within this area would be in conformance with the vision of the 2030 Comprehensive Plan. Notification/Citizen Input: On March 8, 2013, staff mailed 7 public notices to 6 adjacent property owners whose land is located within 200 of the proposed zoning area. Notice was also published in the Burleson Star on March 8 and 13, As of the date of this writing, no inquiries have been received from the public concerning this request.

59 3A-4 Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Location Map 2. Aerial Map 3. Zoning Map 4. Draft Ordinance C Staff Contact: Kevin Lasher, AICP Director of Community Development

60 Attachment 1 Location Map April 15, A-5

61 Attachment 2 Aerial Map April 15, A-6

62 Attachment 3 Zoning Map April 15, A-7