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BURLESON CITY COUNCIL WORK SESSION
February 20, 2012
MINUTES
Roll Call:
Council present:
Stuart Gillaspie
Rick Green
Council Absent:
Jerry Allen
Ken Shetter
Dan McClendon
Matt Aiken
Larry Pool
Staff
Curtis Hawk, City Manager
Paul Cain, Deputy City Manager
Amanda McCrory, City Secretary
Allen Taylor, City Attorney
WORK SESSION – Call to order – Time:
1.
6:02p.m.
Discussion of Policy for the Activation of the Outdoor Emergency
Warning System and Connect CTY.
Gary Wisdom, Fire Chief and Emergency Management presented to council the
Policy for the Activation of the Outdoor Emergency Warning System and Connect
CTY.
2.
Discussion of items listed on tonight’s city council agenda.
None.
3.
Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sec. 551.071, Sec. 551.072, 551.073,
551.074, 551.076, 551.087, and Section 418.183(f) of the Texas
Government Code (Texas Disaster Act). Refer to posted list attached
hereto and incorporated here in.
Motion was made by Rick Green and seconded by Matt Aiken to convene into
executive session.
Motion passed 5-0. Time: 6:20
4.
Reconvene into open session for possible action.
Motion was made by Rick Green and seconded by Matt Aiken to reconvene into
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open session.
Motion passed 5-0. Time: 7:07 pm
Proclamation
Proclamation - Severe Weather Awareness Week
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BURLESON CITY COUNCIL REGULAR SESSION
February 20, 2012
MINUTES
Roll Call:
Council present:
Stuart Gillaspie
Rick Green
Council Absent:
Jerry Allen
Ken Shetter
Dan McClendon
Matt Aiken
Larry Pool
Staff
Curtis Hawk, City Manager
Betsy Elam, City Attorney
Amanda McCrory, City Secretary
REGULAR SESSION – Call to order – Time:
7:08p.m.
Invocation – Dan McClendon, Councilmember Place 5
Pledge of Allegiance
Motion was made by Matt Aiken and seconded by Rick Green to appoint Dale
Cheatham City Manager of the City of Burleson effective today for him to assume
his duties anytime from March 12, 2012 but no later than April 9, 2012.
Motion passed 5-0. Jerry Allen and Stuart Gillaspie absent.
5A.
Employment Agreement for New City Manager.
Motion was made by Matt Aiken and seconded by Larry Pool to approve the
employment agreement as discussed in executive session.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
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5B.
Minute Order MO-12-151, appointing Deputy City Manager Paul Cain
Interim City Manager from the date of the current City Manager Curtis
Hawk’s retirement till the arrival of Dale Cheatham, new City
Manager.
Motion was made by Matt Aiken and seconded by Dan McClendon to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
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Items to be continued or withdrawn
Items to be withdrawn from the consent agenda for separate discussion.
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Consent Agenda
1A.
Minutes from the February 6, 2012 regular council meeting.
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
1B.
Financial Transactions.
CITY OF BURLESON FINANCIAL TRANSACTIONS
02/20/12 CORRECTED
1b.-1
VENDOR NAME
DESCRIPTION
AMOUNT
FUND
DEPT
REQUISITIONS OVER
$3,000:
PEAK AUDIO
SOUND TECHNICHIAN FOR SUMMER
CONCERT SERIES
4,000.00
HOTEL/MOTEL
PARKS
FLINT TRADING
PAVEMENT MARKINGS
3,671.94
GF
STREET
AMERICAN
COMMUNICATIONS
NARROW BANDING FOR OUTDOOR
WARNING SIRENS
6,275.00
GF
FIRE
GT DISTRIBUTORS
REPLACEMENT BODY ARMOR
10,188.00
GF
POLICE
JASCO SERVICES
CONCRETE REPAIR
40,000.00
GF
STREET
CITY OF FORT WORTH
ENVIROMENTAL
MANAGEMENT
HOUSEHOLD HAZARDOUS WASTE
DISPOSAL
21,150.00
GF
NEIGHBORHOOD
SERVICES
DAN DIPERT COACHES
BUS TRANSPORTATION FOR SUMMER
CAMP
10,200.00
PPF
PARKS
SYMBOL ARTS
COMMEMORATIVE CITY BADGES
AND COINS
8,920.00
GAS WELL
VARIOUS
JASCO SERVIES
BARTLETT PARK PARKING LOT
IMPROVEMENTS – PROJECT PK1202
6,800.00
PIF
PARKS
PREPARATION OF REPLAT FOR GOLF
COURSE
RUSSELL FARM SURVEY
2,900.00
GAS WELL
GOLF COURSE
4B
PARKS
PAYMENTS OVER $3,000
DFW GEODESY
900.00
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
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1C.
Resolution R-1213-12, suspending the March 6, 2012 effective date of
Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex”) requested
rate change to permit the City time to study the request and to
establish reasonable rates.
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
1D.
Annual contract for Street Materials (ITB 2012-006).
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
1E.
Annual contract for the 2012 Concrete Repairs and Installation)
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
6B.
Minute Order MO-08-024 (B0212) amending the Policy for the
Activation of the Outdoor Emergency Warning System and Connect
CTY.
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
Presentations
2A.
Citizen Appearance
Larry Hollenbeck, 930 White Marlin Dr., Burleson, TX 12208 Multi unit Alsbury
Blvd and Ridgehill Dr., is against this section 8 housing.
Rob Reeves, 804 Ridgehill Ct., Burleson, TX, is against the section 8 project
multi unit.
Carla Reeves, 804 Ridgehill Ct., Burleson, TX, is against the section 8 project
and can council control the zoning.
Angela Cox, 400 SW Gordon #223, Burleson, TX, dishearten that we do not give
the Texas Flag respect and we do not recite the pledge, she would suggest that
we start. She is the President of Johnson County Tea Party formerly the
Burleson Tea Party. Has been contacted about possible section 8 housing
project by Burleson residents and they are all against it.
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Debbie Burris, 716 Creekview Dr., Burleson, TX, questioned whether a builder
can move forward with affordable housing without council resolution. Is against
section 8 housing project. Is item 3G on the agenda a section 8 housing project?
John Yancy, 1051 S. Dobson, Burleson, TX is a former chairman of the Planning
& Zoning commission. Is please with the progress the City of Burleson has made
in the last 31 years. He wants support of the council. He wants city to expand
Dobson Road to add more access.
Sherlie Blex, 709 Ridge Hill, Burleson, TX is a realtor received an appraisal that
caused a higher down payment because of a declining market due to the gas
well’s location to residence.
Public Hearings and Related Ordinances
3A.
Public hearing and consideration of a replat of Lot 28, Block 3,
Piester Place Addition, Phase 1, located at 3833 Dove Meadows Lane
in the City of Burleson Extra-Territorial Jurisdiction, into Lots 28R1
and 28R2. (Case 12-003)
Laura Melton, Director of Engineering services presented to council
consideration of a replat of Lot 28, Block 3, Piester Place Addition, Phase 1,
located at 3833 Dove Meadows Lane in the City of Burleson Extra-Territorial
Jurisdiction, into Lots 28R1 and 28R2. (Case 12-003)
Mayor Shetter opened the public hearing. Time: 8:32pm
No speakers.
Mayor Shetter closed the public hearing. Time: 8:32pm
Motion was made by Dan McClendon and seconded by Matt Aiken to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
3B.
Public hearing and consideration of a replat of Lots 58-R and 59-R in
the Emerald Forest Estates addition into Lots 58-R-1 and 59-R-1
located at 8101 County Road 1016A in the City of Burleson ExtraTerritorial Jurisdiction. (Case 11-092)
Laura Melton, Director of Engineering services presented to council a replat of
Lots 58-R and 59-R in the Emerald Forest Estates addition into Lots 58-R-1 and
59-R-1 located at 8101 County Road 1016A in the City of Burleson ExtraTerritorial Jurisdiction. (Case 11-092)
Mayor Shetter opened the public hearing. Time: 8:37pm
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No speakers.
Mayor Shetter closed the public hearing. Time: 8:37pm
Motion was made by Larry Pool and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
3C.
Public hearing and consideration of a replat of Lot A, Block 1,
Hahn–Jones Addition, located in the City of Burleson at 941 S.
Dobson Road, into Lots 1AR and Lot 2AR. (Case 12-002)
Laura Melton, Director of Engineering Services presented to council a replat of
Lot A, Block 1, Hahn–Jones Addition, located in the City of Burleson at 941 S.
Dobson Road, into Lots 1AR and Lot 2AR. (Case 12-002)
Mayor Shetter opened the public hearing. Time: 8:39pm
No speakers.
Break 8:41pm – 8:54pm
Mayor Shetter closed the public hearing. Time: 8:55pm
Motion was made by Dan McClendon and seconded by Rick Green to approve
with following stipulations.
That no development will be allowed on 1AR until access is granted to 2AR by
separate instrument.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
3D.
Public hearing and consideration of a waiver from the Subdivision
and Development Ordinance, Section 9.1 Community Facilities
Contract, for Lots 2, 3, 4 and 6 of Lakewood Plaza, Phase 4, and a
waiver of the associated fee. (Case 12-020)
Laura Melton, Director of Engineering Services presented to council a waiver
from the Subdivision and Development Ordinance, Section 9.1 Community
Facilities Contract, for Lots 2, 3, 4 and 6 of Lakewood Plaza, Phase 4, and a
waiver of the associated fee. (Case 12-020)
Mayor Shetter opened the public hearing. Time: 8:59pm
No speakers
The developer will supply an irrevocable letter of credit.
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The letter will be for 100% of the project.
Mayor Shetter closed the public hearing. Time: 9:01pm
Motion was made by Matt Aiken and seconded by Dan McClendon to approve
with following stipulations:
That the letter of credit be an irrevocable letter of credit in a form suitable to the
City Attorney.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
3E.
Public Hearing and consideration of Ordinance D-081-07(A0212) a
request to amend Ordinance D-081-07 Hidden Vistas Planned
Development (PD) zoning district located on E Hidden Creek Pkwy.
(Case 12-007) (First Reading)
Brian Guenzel, Planning Official presented to council Ordinance D-08107(A0212) a request to amend Ordinance D-081-07 Hidden Vistas Planned
Development (PD) zoning district located on E Hidden Creek Pkwy. (Case 12007) (First Reading)
Mayor Shetter opened the public hearing. Time: 9:07pm
Mark Shelton, 6610 Bryant Irvin Rd, Fort Worth, TX answered council questions
on the changes.
Peter Thomas, 825 Merion Dr., Burleson, TX wants to produce a good quality
product and will follow whatever is the best options.
Mayor Shetter closed the public hearing. Time: 9:30pm
Motion was made by Matt Aiken and seconded by Rick Green to approve
Following stipulations excluded the changes articulated for D2.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
3F.
Public Hearing and consideration of Ordinance C-705-12, a request
for a zoning change of Industrial (I) zoning district to Commercial (C)
zoning district on approximately 7.404 acres out of the J M
Cartwright Survey, Abstract 132 Tract 35, and; T M Chandler Survey,
Abstract 127, Tract 16, both located at 950 S Dobson Street. (Case
12-006) (First Reading)
Brian Guenzel, Planning Official presented to council Ordinance C-705-12, a
request for a zoning change of Industrial (I) zoning district to Commercial (C)
zoning district on approximately 7.404 acres out of the J M Cartwright Survey,
Abstract 132 Tract 35, and; T M Chandler Survey, Abstract 127, Tract 16, both
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located at 950 S Dobson Street. (Case 12-006) (First Reading)
Mayor Shetter opened the public hearing. Time: 9:35pm
No speakers
Mayor Shetter closed the public hearing. Time: 9:35pm
Motion was made by Rick Green and seconded by Larry Pool to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
3G.
Public Hearing and consideration of Ordinance C-706-12 a request
for a zoning change of from Commercial (C) zoning district to MultiFamily 2 (MF2) zoning district on approximately 4.562 acres out of
the Joshua Minnette Survey, Abstract 548, Tract 6, located on 1701
SW Wilshire Blvd. (Case 12-014) (First Reading)
Brian Guenzel, Planning Official presented to council Ordinance C-706-12 a
request for a zoning change of from Commercial (C) zoning district to MultiFamily 2 (MF2) zoning district on approximately 4.562 acres out of the Joshua
Minnette Survey, Abstract 548, Tract 6, located on 1701 SW Wilshire Blvd. (Case
12-014) (First Reading)
Mayor Shetter opened the public hearing. Time: 9:39pm
Leslee Ahrend, 821 Crestmont Dr, Burleson, TX, is currently one of the
applicants for the low income housing project. Is concerned with more Multi
family housing causing stress on the schools and emergency services.
Matt Powell, 1108 S. Dobson, Burleson, TX representing the applicant there is no
federal or state funding and is market driven. The applicants believes this is a
good plan being adjacent to the Burleson Commons adding more roof tops to
utilize the area.
Heather Moral, 616 Celiste Lane, Burleson TX, concerned about traffic impact on
174 (Wilshire) and about what market they are targeting.
Larry Hollenbeck, 930 White Marlin Dr., Burleson, TX is the developer building 2
types of units. That is not the request before us.
Matt Powell 1108 S. Dobson, Burleson, TX this is market driven no federal or
state funding, private developer. 100% of the units are market rate.
Mayor Shetter closed the public hearing. Time: 10:26pm
Motion was made by Matt Aiken and seconded by Dan McClendon to approve.
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Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
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Ordinances & Resolutions
4A.
Resolution R-1214-12, setting the date, time and place of the public
hearings to be held for the proposed annexation of Russell Farms
(405 W County Road 714) and directing staff to publish the notice
and prepare service plan. (Case 12-025)
Brian Guenzel, Planning Official presented to council Resolution R-1214-12,
setting the date, time and place of the public hearings to be held for the proposed
annexation of Russell Farms (405 W County Road 714) and directing staff to
publish the notice and prepare service plan. (Case 12-025)
Motion was made by Rick Green and seconded by Dan McClendon to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
4B.
Ordinance C-641-08 (B0212), appointing the Presiding Municipal
Court Judge and Associate Municipal Court Judges of the Municipal
Court of Record of the City of Burleson, for a term of two years, and
authorizing the Mayor to Execute an Agreement with the Presiding
and Associate Municipal Court Judges. (First Reading)
Motion was made by Matt Aiken and seconded by Rick Green to approve with
appointments as follows:
Presiding Judge Markie Cookie
Associate Judges Matt Ribitzki and Toni Driver
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
Contracts & Agreements
5A.

5B.

Employment Agreement for New City Manager.
Moved up in the agenda
Minute Order MO-12-151, appointing Deputy City Manager Paul Cain
Interim City Manager from the date of the current City Manager Curtis
Hawk’s retirement till the arrival of the New City Manager.
Moved up in the agenda
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5C.
Minute Order MO-12-152, council approval of leave of absence for
Council Member Jerry Allen Place 3 until April 2, 2012 due to out of
state work assignment pursuant to Section 19 (d) City Charter.
Motion was made by Matt Aiken and seconded by Larry Pool to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
Other Items for Consideration
6A.
Minute Order MO-12-153, accepting the Water / Wastewater Impact
Fees Report Semi-Annual Report.
Laura Melton, Director of Engineering presented to council Minute Order MO-12153, accepting the Water / Wastewater Impact Fees Report Semi-Annual Report.
Motion was made by Dan McClendon and seconded by Matt Aiken to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
6B.

6C.
Minute Order MO-08-024 (B0212) amending the Policy for the
Activation of the Outdoor Emergency Warning System and Connect
CTY.
Moved to Consent Agenda
Commercial Site Plan for Trellis Square to be located at 437 SW
Wilshire Blvd. (Case 11-086)
Brain Guenzel, Planning Official presented to council Commercial Site Plan for
Trellis Square to be located at 437 SW Wilshire Blvd. (Case 11-086)
Motion was made by Dan McClendon and seconded by Rick Green to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
6D.
Consideration of a revised Preliminary Plat of Oak Valley Estates,
Phases 14 - 24. (Case 12-019)
Laura Melton, Director of Engineering Services presented to council
Consideration of a revised Preliminary Plat of Oak Valley Estates, Phases 14 24. (Case 12-019)
Motion was made by Larry Pool and seconded by Matt Aiken to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
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6E.
Final Plat of Lots 15 - 22, Block 26, Lot 1, Block 28, and Lots 2 - 8,
Block 29 of Oak Valley Estates, Phase 14 (Case No. 11-070)
Motion was made by Dan McClendon and seconded by Matt Aiken to approve.
Motion passed 5-0. Stuart Gillaspie and Jerry Allen absent.
Reports
7A.
Continuation of Discussion Agenda Items from Work Session.
None.
7B.
Discussion of utility CCN issues and legislative changes related
thereto.
None.
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.)
Appointments & Council Policies Meeting: 02/13/2012 discussion of allowing voting youth
members on various boards & commissions.
Matt Aiken Chair reported on the allowing voting youth members on various boards &
commissions.

Governance & Stewardship Meeting 02/16/2012: discussion of preliminary game plan
presentation to employees.
Matt Aiken Chair reported on the Game Plan training to employees.

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
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concerning pending City Council business unless it is specifically, appropriately posted
on the agenda.)
Executive Session
8A.
Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sec. 551.071, Sec. 551.072, 551.073,
551.074, 551.076, 551.087, and Section 418.183(f) of the Texas
Government Code (Texas Disaster Act). Refer to posted list attached
hereto and incorporated here in. Executive Session may be held,
under these exceptions, at any time during the meeting that a need
arises for the City Council to seek advice from the City Attorney as
to the posted subject matter of this City Council meeting.
There being no further business Mayor Shetter adjourned the meeting.
Time: 11:14 pm
_____________________________
Amanda McCrory
City Secretary
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