BURLESON CITY COUNCIL WORK SESSION October 3, 2011 MINUTES. Matt Aiken

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1 Roll Call: BURLESON CITY COUNCIL WORK SESSION October 3, 2011 MINUTES 1 Council present: Stuart Gillaspie Rick Green Jerry Allen Ken Shetter Dan McClendon Larry Pool Council Absent: Matt Aiken Staff Amanda McCrory, City Secretary Curtis E. Hawk, City Manager Allen Taylor, City Attorney WORK SESSION Call to order Time: 6:01 p.m. 1. Discussion of the Sign Ordinance. No Discussion 2. Discussion of all items on tonight s meeting. No action will be taken and each item will be considered during the Regular Session. No Discussion 3. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , , , , , and Section (f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Motion was made by Dan McClendon and seconded by Jerry Allen to convene into executive session. Time 6:02 p.m. 4. Reconvene into open session for possible action Motion was made by Dan McClendon and seconded by Rick Green to reconvene into open session. Time: 7:42pm

2 2 Roll Call: BURLESON CITY COUNCIL REGULAR SESSION October 3, 2011 MINUTES Council present: Stuart Gillaspie Rick Green Jerry Allen Ken Shetter Dan McClendon Larry Pool Council Absent: Matt Aiken Staff Curtis E. Hawk, City Manager Allen Taylor, City Attorney Amanda McCrory, City Secretary REGULAR SESSION Call to order Time: 7:43 p.m. Invocation Tom Cowan, Police Chief Pledge of Allegiance Proclamation and Certificates Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. 1B. Financial Transactions 5-STAR FACILITY SERVICES INC. ANNUAL JANITORIAL CONTRACT, ITB CC AWARDED , RENEWAL GF FACILITIES Consent Agenda 1A. Minutes from the September 19, 2011 Regular Council Meeting.

3 3 1B. Financial Transactions. Removed from Consent for separate discussion. 1C. Ordinance B-745 (B0911), amending Ordinance B-745 and Chapter 66, Secondhand Goods, of the Burleson Code of Ordinances by amending Article II Garage Sales, Sec (a) and (d) and Sec (a) and (b), eliminating requirement of City-issued signs and fee for permit. (Final Reading) 1D. Minute Order MO (A1011), amending the fiscal year City of Burleson Fee Schedule by removing the fee for garage sale permits. 1E. Ordinance C (B1011), adopting the official map of the City of Burleson, declaring said map to be the official boundaries of the corporate limits of the city and its extraterritorial jurisdiction as of the date of adoption. (First Reading) 1F. Resolution-R , amending the City s written investment policy and stating that the City Council has reviewed the City s written investment policy as required by the Public Funds Investment Act. 1G. Professional services agreement with Instituform Technologies, Inc. for the 2011 Independent Sewer Rehabilitation Project.

4 4 1H. Professional services contract with SMS Woodstone, Inc. for brush and yard waste processing. 1I. Engineering services contract with Cheatham and Associates for the design of an elevated storage tank servicing the Lower Pressure Plane and authorize the City Manager to execute the contract. 1J. Renewal of the childcare facility use allowed in the Site Plan District per the requirements of Ordinance C for 506 Pleasant Manor Drive. (Case ) (Final Reading) 1B. Financial Transactions. CITY OF BURLESON FINANCIAL TRANSACTIONS 10/03/11 1b.-1 VENDOR NAME DESCRIPTION AMOUNT FUND DEPT REQUISITIONS OVER $3,000: GOODRICH SCHECTER & ASSOCIATES APPRAISAL 4, PIF PARKS RATLIFF READY MIX CONCRETE MATERIAL ITB APPROVED BY CC , GF PW APAC-TEXAS INC. HOT MIX ASPHALT - TARRANT COUNTY CONTRACT , GF STREETS BRODART LIBRARY MATERIALS 45, GF LIBRARY TRUGREEN LAWNCARE RIGHT-OF-WAY MOWING YELLOW/GREEN SECTION ITB CC AWARDED , RENEWAL , GF PARKS S&D ENTERPRISE RIGHT-OF-WAY MOWING BLUE SECTION ITB CC AWARDED , RENEWAL , GF PARKS COTTON PATCH CAFÉ, INC. CATERED MEALS FOR COUNCIL 4, GF CITY COUNCIL

5 MEETINGS FY MUNICIPAL CODE COMP. MUNICIPAL CODE UPDATES 6, GF CITY SECRETARY WEST GROUP PAYMENT CENTER LEGAL UPDATES 4, GF CITY SECRETARY SWAGIT PRODUCTION, LLC VIDEO COUNCIL MEETINGS, COUNCIL COMMITTEES 19, GF CITY COUNCIL THE STAR GROUP LEGAL ADVERTISING 13, GF CITY SECRETARY WILLIAMS SCOTSMAN, INC. MONTHLY RENT FOR MODULAR OFFICES 14, WWF WATER / WASTEWATER TRUGREEN LAWNCARE MOWING AT CHISENHALL 53, PPF PARKS TRUGREEN LAWNCARE MOWING FOR HCSC 10, PPF PARKS BWI-DALLAS/FORT WORTH CHEMICALS FOR GREENS 10, HCGC HC MAINT ATLAS ENTERPRISES, INC FIREWORKS FOR CHRISTMAS AND 4 TH OF JULY 37, GF PARKS VENDOR NAME DESCRIPTION AMOUNT FUND DEPT AGRIUM ADVANCED TECHNOLOGIES CHEMICALS FOR GREENS 5, HCGC HC MAINT COLLIGAN GOLF DESIGN HCGC PRELIMINARY DESIGN FOR HOTEL-CONF CTR ADDITION 15, CSF HOTEL CONF CENTER BRSERVICES INTOX SERVICE CONTRACT , GF POLICE DEPT INTEGRATED FORENSIC LABORATORIES LAB SERVICES CONTRACT , GF POLICE DEPT 5-STAR FACILITY SERVICES INC. ANNUAL JANITORIAL CONTRACT, ITB CC AWARDED , RENEWAL GF FACILITIES JACK IN THE BOX JAIL FOOD FOR FY , GF POLICE DEPT PATILLO, BROWN & HILL, L.L.P. AUDIT SERVICES FOR FY ENDED 09/11 (EXPENSE FY 12) 66, GF FINANCE PATTERSON & ASSOCIATES PORTFOLIO MGMT FEES OCT 11- SEP 12 20, GF FINANCE RICOH CORPORATION COPIER MAINT ALL COPIERS 15, GF SUPPORT SERVICES RICOH CORPORATION COLOR COPY COST 6, GF SUPPORT SERVICES

6 NEOPOST ACH - ** POSTAGE ANNUAL POSTAGE 25, GF SUPPORT SERVICES 6 ARAMARK JANITORIAL SUPPLIES PO , ORIGINAL 3350, INCREASE $270, MORE THAN 5% FOR A TOTAL OF HCGC GOLF PRO SHOP ARAMARK RUG AND MAT SERVICE 5, GF FACILITIES PAYMENTS OVER $3,000: TARRANT COUNTY MEDICAL LAB TESTING DNA 3, GF POLICE DEPT CHASE BANK VISA TRANSACTION TO KEY ENERGY SHARED SERVICES OVER 3K, COMPANY ADDED CHARGES AFTER ORDER WAS PLACED 3, GF STREETS Motion was made by Jerry Allen and Stuart Gillaspie to approve. Presentations 2A. Citizen appearance John Osborn, 2516 Briarcrest Dr., Burleson, TX regarding the car wash that is built in front of Mountain Valley Subdivision would like to have brick wall Richard Emerson, 2512 Briarcrest Dr., Burleson, TX regarding the car wash that is built in front of Mountain Valley Subdivision SW Wilshire and Crawford Dr. wants more screening between the commercial and residential. Marci Emerson, 2508 Briarcrest Dr., Burleson, TX agrees with Richard Emerson. Brenda Gammon 240 E. Renfro, Burleson, TX introduced Pam Masters who is the Director of Outreach and Development for Community Opportunities Inc. a group home in Burleson. Lucy Carlton, 221 SW Murphy Rd., Burleson, TX given notice that the 4 chickens she keeps in the city limits are against city ordinance and is asking council to allow her to keep the chickens. Lisa Duello, Director of Neighborhood Services received complaint about the chickens and issued the notice of violations.

7 7 2B. Keep Burleson Beautiful Recognized as Gold Star Affiliate by Keep Texas Beautiful / Keep Burleson Beautiful Executive Director Wins Second Place for Individual Leadership. Bianca Chafin Environmental Programs Specialist, introduced Donna Holaway President for Keep Burleson Beautiful. The KBB recognized Bianca Chafin for her 2 nd place award in the Individual Leadership Award for improving and enhancing the Keep Texas Beautiful programs. Public Hearings and Related Ordinances 3A. Public hearing and consideration of (1) Ordinance C , a request for a zoning change from Commercial (C) zoning district to General Retail (GR) zoning district with a Specific Use Permit (SUP) for an automotive/truck rental service for Enterprise Rental on 0.43 acres located at 217 SW Wilshire Blvd.; and (2) consideration of a fee waiver for this zoning change. (Case ) (First Reading) Shai Roos, Director of Community Development presented to council Ordinance C , a request for a zoning change from Commercial (C) zoning district to General Retail (GR) zoning district with a Specific Use Permit (SUP) for an automotive/truck rental service for Enterprise Rental on 0.43 acres located at 217 SW Wilshire Blvd.; and (2) consideration of a fee waiver for this zoning change. (Case ) (First Reading) Mayor Shetter opened the public hearing. Time: 8:23 pm Tony Willis, 436 Arborlawn, Burleson, TX is opposed to the SUP. Believes that council direction from the 2030 plan was no more auto sales on 174. If SUP is granted wants there to be restrictions. Dixon Holman, 1221 California Ln., Ste. 100, Arlington, TX representing the current owner of the property and there is no plan for box truck. Enterprise will rehab the current building to improve the look of the property. Gregg Gammon, 2976 Clubhouse Circle, Burleson, TX is against box trucks and fee waiver. Is for the Enterprise moved from current location to this one. Mayor Shetter closed the public hearing. Time: 8:53 pm Motion was made by Jerry Allen and seconded by Larry Pool to approve the ordinance with the following stipulations All cars shall be parked on the property at all times ½ ton or less size vehicles No box trucks or utility type vehicles

8 And to deny the waiver request. 8 Motion passed 5-1. Rick Green against and Matt Aiken absent. 3B. Public hearing and consideration of Ordinance C a Specific Use Permit (SUP) for a 100 foot tall Monopole Antenna for Capital Telecom, located at 550 Wilshire Boulevard. (Case ) (First Reading) Shai Roos, Director of Community Development presented to council Ordinance C a Specific Use Permit (SUP) for a 100 foot tall Monopole Antenna for Capital Telecom, located at 550 Wilshire Boulevard. (Case ) (First Reading) Mayor Shetter opened the public hearing. Time: 9:00pm Bebb Francis, 112 E. Pecan, San Antonio, TX attorney for Telecom. Tom Waniewski, 1500 Mr. Kemble, Morristown, NJ representative of Telecom built the monopole on Elk Drive presented rendering of the monopole. Mayor Shetter closed the public hearing. Time: 9:20pm Motion was made by Stuart Gillaspie and seconded by Rick Green to approve. Motion passed 5-1. Ken Shetter against. Matt Aiken absent. 3C. Public hearing and consideration of an Ordinance B , amending the Burleson Code of Ordinances, Chapter 63, Sign Regulations. (Case ) (First Reading) Shai Roos, Director of Community Development presented to council Ordinance , amending the Burleson Code of Ordinances, Chapter 63, Sign Regulations. (Case ) (First Reading) Mayor Shetter opened the public hearing. Time: 9:44pm Mike McCord, 1050 E. Hwy 114 #210, Southlake, TX representative from Bloomfield homes made suggestion to amend the sign ordinance to allow off premise sign at entrance of subdivision. Mayor Shetter closed the public hearing. Time: 9:56pm Council will continue to work on this ordinance through October and schedule for approval in November.

9 9 * Moved up in the agenda. 6A. Award the bid for the construction of the 2011 Independent Waterline Replacement Project to BurnsCo Construction, Inc. of Benbrook, Texas. Laura Melton, Director of Engineering Services presented to council the bid for the construction of the 2011 Independent Waterline Replacement Project to BurnsCo Construction, Inc. of Benbrook, Texas. Motion was made by Dan McClendon and seconded by Rick Green to approve. Ordinances & Resolutions 4A. Resolution R (C1011), affirming the nomination for candidate for the Board of Directors for Central Appraisal District of Johnson County, Texas. Motion was made by Dan McClendon to nominate Matt Powell and Jim Wadlow to serve with Matt Powell receiving 128 votes and Jim Wadlow receiving 129 votes. Motion dies from lack of second. Motion was made by Jerry Allen and seconded by Larry Pool to nominate Jim Wadlow and Byron Black to serve with Byron Black receiving 129 votes and Jim Wadlow receiving 128 votes. 4B. Resolution R (B1011), affirming the nomination for candidate for the Board of Directors for Central Appraisal District of Tarrant County, Texas. No action. Contracts & Agreements 5A. Minute Order MO , authorizing transfer of $325,000 from the Community Services Facility fund to Project , Hotel / Conference Center Development. Bradley Ford, Director of Economic Development presented Minute Order MO , authorizing transfer of $325,000 from the Community Services Facility fund to Project , Hotel / Conference Center Development. And

10 10 professional services contract with Colligan Golf Design for the expansion of the Golf Course irrigation lake. Motion was made by Dan McClendon and seconded by Jerry Allen to approve Motion passed 5-0. Matt Aiken absent. Stuart Gillaspie out of the council chambers. 5B. Consideration of professional services contract with Colligan Golf Design for the expansion of the Golf Course irrigation lake. Presented with 5A. Motion was made by Dan McClendon and seconded by Rick Green to approve subject to City Attorney review and approval. 5C. Consideration of professional services contract with Voorhees Associates for the search for the City Manager position. Amanda McCrory, City Secretary presented the professional services contract with Voorhees Associates for the search for the City Manager position. Motion was made by Jerry Allen and seconded by Stuart Gillaspie to approve with amount of $21,400 to Voorhees, and $1,500 for advertising cost and candidate expenses as allowed by city policies. Other Items for Consideration 6A. Award the bid for the construction of the 2011 Independent Waterline Replacement Project to BurnsCo Construction, Inc. of Benbrook, Texas. Moved up in the agenda. 6B. Minute Order MO , accepting the donation of property to the City by Charlie and Louise Boren and execution of related documents. Paul Cain, Deputy City Manager presented to council Minute Order MO , accepting the donation of property to the City by Charlie and Louise Boren and execution of related documents.

11 Motion was made by Dan McClendon and seconded by Stuart Gillaspie to approve. 11 Motion passed 5-1. Jerry Allen against and Matt Aiken absent. Reports 7A. TxDOT Open House on the SH 174 medians, Tuesday, September 27 th, at City Hall. Laura Melton, Director of Engineering presented to council the report on the TXDOT plan for the SH 174 medians. 7B. Public Meeting on the I-35 Corridor, Thursday, September 29 th, at BHS Cafeteria. Moved to the next agenda. 7C. 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.) 7D. 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.) Chamber of Commerce Golf Tournament CASA 5 K run Esparza 5K run Founder s Day Celebration Muy Caliente Pink Lunch

12 12 Executive Session 8A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , , , , , and Section (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. There being no further business Mayor Shetter adjourned the meeting. Time: 11:44 pm Amanda J. McCrory City Secretary