agenda burleson city council special meeting...

AGENDABURLESON CITY COUNCIL

SPECIAL MEETINGMay 15, 2015

4:00 p.m.

BURLESON CITY HALL141 W. RENFRO

BURLESON, TX 76028

SPECIAL SESSION – 4:00 p.m.

Call to Order

Items to be withdrawn from the consent agenda for separate discussion.

1. Consent Agenda All items listed below are considered to be routine by the City Council and will be enacted withone motion. There will be no separate discussion of the items unless a Councilmember orcitizen so requests, in which event the item will be removed from the consent agenda andconsidered in its normal sequence. Approval of the consent agenda authorizes the CityManager to implement each item in accordance with staff recommendations.

General

A. Minutes from the May 4, 2015 regular Council Meeting. (Amanda McCrory)

B. Financial Transactions (Rhett Clark)

Ordinance & Resolutions and Other Related Items

C. Consideration of an Ordinance revising Chapter 58, Section 4 of the City Code (Park &Recreation). (Final Reading) (Peter Krause)

2. Ordinances & Resolutions and Other Related Items

A. Supplemental Appropriations Ordinance for Various Expenditures Related to the newBuilding at 1161 SW Wilshire. (Final Reading) (Chief Cordell)

B. Resolution Canvassing May 9, 2015 Election and Resolution Calling for June 13, 2015Runoff Election. (Amanda McCrory)

3. Contracts & Agreements and Other Related Items

A. Revised Facilities Use Agreement with Burleson Youth Association (BYA) (Paul Cain)

4. Executive Session

A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas GovernmentCode, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted listattached hereto and incorporated here in. Executive Session may be held, under theseexceptions, at any time during the meeting that a need arises for the City Council toseek advice from the City Attorney as to the posted subject matter of this City Councilmeeting.

Reconvene into open session for possible action resulting from any items posted and legallydiscussed in Executive Session.

CERTIFICATE

I hereby certify that the above agenda was posted on this the 12 of May 2015, by 4:00 p.m., on the officialbulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

Amanda McCroryCity Secretary

ACCESSIBILITY STATEMENTThe Burleson City Hall is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spacesare also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Callthe A.D.A. Coordinator at 817-426-9600, or TDD 1-800-735-2989.

EXECUTIVE SESSION

EXECUTIVE SESSIONThe City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to thefollowing Sections of the Government Code of the State of Texas:Pursuant to Sec. 551.071(1)a, (1)b, and(2), consultation with its Attorney:

The City Council may conduct private consultations with its attorneys when the City Council seeksthe advice of its attorney concerning any item on this agenda, about pending and contemplatedlitigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council underthe Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts withChapter 551 of the Government Code. This consultation includes, but is not limited to, the following:

1.

Southwestern Bell Telephone Company, et al v. City of Burleson, Cause No. C-2012-00205.Claims against the CitySeek advice of city attorney on legal issues related to:

Recent Legislative Enactments Relating to Subdivision, Zoning, Development andAnnexation Issues.

a.

The evaluation of existing non-conforming property uses to determine whether they arelegal non-conforming or illegal non-conforming uses and to determine what legal optionsthe city council might consider in determining whether or not to request the Zoning Boardof Adjustment to determine the status of such uses and consider alternatives for bringingthem into compliance with the current requirement of the Zoning Ordinance.

b.

Chisenhall Fields Facility Use Agreementc.Use of public rights-of-way for private purposes.d.

Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of realproperty.• Right of way acquisition for roadway, trails and utility line extension.• Purchase or lease of property for municipal and/or park use.• Purchase, lease, exchange or value of municipal property.

2.

Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift ordonation to the state or the governmental body.

3.

Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation,contract and duties of a public officer or employee.

4.

Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions forimplementation of security personnel or devices; or (2) a security audit.

5.

Pursuant to Sec. 551.087, to discuss or deliberate regarding commercial or financial information thatthe governmental body has received from a business prospect that the governmental body seeks tohave locate, stay, or expand in or near the territory of the governmental body and with which thegovernmental body is conducting economic development negotiations or to deliberate the offer of afinancial or other incentive to said business prospect.

6.

Pursuant to Sec. 418.0183(f), deliberation of information related to managing emergencies anddisasters including those caused by terroristic acts (must be tape recorded).

7.

City Council Special Meeting 1. A. TO: Honorable Mayor Shetter and members of the Burleson City Council

FROM: Amanda McCrory, City Secretary

DATE: 05/15/2015

SUBJECT: Minutes from the May 4, 2015 regular Council Meeting. (Amanda McCrory)

Council Action Requested:Approve the minutes from the May 4, 2015 regular Council Meeting

Background Information:

Board/Citizen Input:

Attachmentsminutes 5.4.15

Staff Contact: Amanda McCroryCity [email protected] or 817-426-9661

BURLESON CITY COUNCIL REGULAR SESSION May 4, 2015

DRAFT MINUTES Roll Call: Council present: Council Absent: Stuart Gillaspie (arrives 5:50pm) Rick Green Jerry Allen Ken Shetter Dan McClendon Matt Aiken Ronnie Johnson Staff Dale Cheatham, City Manager Paul Cain, Deputy City Manager Amanda McCrory, City Secretary Allen Taylor, City Attorney Call to Order: 5:48pm 1. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas

Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting

Motion was made by Rick Green and seconded by Jerry Allen to convene into executive session. Motion passed 6-0. Stuart Gillaspie absent. Time: 5:48pm Motion was made by Matt Aiken and seconded by Stuart Gillaspie to reconvene into open session. Motion passed 7-0. Time: 7:10pm REGULAR SESSION Call to order – Time: 7:10pm Invocation – Bob Massey, Southwest Christian Fellowship

Pledge of Allegiance Presentations 1A. Proclamations

• Proclamation National Public Works Week – Aaron Russell, Director of Public Works • Proclamation National Police Week- Police Chief Billy Cordell

1B. Presentations None 1C. Community Interest Items

• Household Hazardous Waste May 9 • Burleson Police Open House May 12 • Friends of Library May 15 • Recycled Boat Regatta May 16

1D. Citizen Appearance None Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. 2D. Chapter 380 Agreement between the City of Burleson and Old Town Station, L.P. for

the development of a mixed-use project at the northwest corner of E. Renfro and I-35W. (Bradley Ford)

Consent Agenda 2A. Minutes from the April 20, 2015 regular session. Motion was made by Matt Aiken and seconded Jerry Allen to approve. Motion passed 7-0. 2B. Financial Transactions.

CITY OF BURLESON FINANCIAL TRANSACTIONS

May 4, 2015 1b.-1

FINANCIAL TRANSACTIONS FOR FY 2014-2015

VENDOR NAME DESCRIPTION AMOUNT FUND DEPT

REQUISITIONS OVER $25,000:

BRODART CO. LIBRARY MATERIALS 29,000.00 GF LIBRARY

ELLERBEE WALCZAK INC.

MATERIALS TESTING 40,000.00 2010 GO PARKS IMPROVEMENT

PARKS

APAC-TEXAS INC. HMAC TYPE D

MATERIAL FOR TRANSPORTATION ROUTE – TARRANT COUNTY CONTRACT

130,000.00 PUBLIC WORKS SRF STREETS

CDW GOVERNMENT INC.

DATA CABLING NEW PD BUILDING – TCPN CONTRACT – R5106

68,970.78 GF POLICE

ENER-TEL SERVICES INC.

CAMERA SYSTEM NEW PD BUILDING – BUYBOARD CONTRACT 401-12

39,923.00 GF POLICE

ENER-TEL SERVICES INC.

ACCESS CONTROL FOR NEW PD BUILDING – BUYBOARD CONTRACT 401-12

95,844.00 GF POLICE

XYBIX DISPATCH CONSOLES

FOR NEW PD BUILDING – HGAC CONTRACT EC07-14

65,734.00 GF POLICE

Motion was made by Matt Aiken and seconded Jerry Allen to approve. Motion passed 7-0. 2C. CSO#243-05-2015, amending Ordinance C-597-06, modifying the TIF #2's Project

and Financing Plan adding Project #2 Old Town Mobility , Project #3 Old Town Station and future Project Higher Education. (Final Reading)

Motion was made by Matt Aiken and seconded Jerry Allen to approve. Motion passed 7-0.

2D. Chapter 380 Agreement between the City of Burleson and Old Town Station, L.P. for the development of a mixed-use project at the northwest corner of E. Renfro and I-35W. (Bradley Ford)

• Removed from the consent agenda. 2E. Ratification of 4A Resolution 4A05042015ROWMcNairn acquiring Right-Of-Way

from TxDOT along State Highway 174 between McNairn and Springtide. (Bradley Ford)

Motion was made by Matt Aiken and seconded Jerry Allen to approve. Motion passed 7-0. 2F. Appointment of Tom Collett Chair of the Zoning Board of Adjustments to fill

unexpired term 2013-2015. (Amanda McCrory) Motion was made by Matt Aiken and seconded Jerry Allen to approve. Motion passed 7-0. 2G. Council vote to cancel May 18, 2015 regular council meeting. Motion was made by Matt Aiken and seconded Jerry Allen to approve. Motion passed 7-0. 2D. CSO#244-05-2015 Chapter 380 Agreement between the City of Burleson and Old

Town Station, L.P. for the development of a mixed-use project at the northwest corner of E. Renfro and I-35W. (Bradley Ford)

Justin Bond, Economic Development Manager presented the Chapter 380 agreement. Motion was made by Matt Aiken and seconded by Dan McClendon to approve including amendments as noted by staff. Motion passed 6-0. Rick Green abstain. Public Hearings and Related Ordinances 3A. Public Hearing and Approve or deny a waiver from masonry requirements for an

accessory building located at 133 N Main St. (Case 15-029) Justin Bond, Economic Development Manager presented to council a waiver from masonry requirements for accessory building located at 133 N. Main St. Mayor Shetter opened the public hearing. Time: 7:36pm

None Mayor Shetter closed the public hearing. Time: 7:37pm Motion was made by Ronnie Johnson and seconded by Rick Green to approve. Motion passed 7-0. Ordinances & Resolutions and Other Related Items 4A. Ordinance amending Chapter 58 Section 4 of the Code of Ordinances. (First

Reading) Peter Krause, Director of Parks and Recreation presented to council revision to Chapter 58 Section 4 of the Code of Ordinance. Motion was made by Matt Aiken and seconded by Jerry Allen to approve. Motion passed 7-0. 4B. CSO#245-05-2015 Resolution to receive and accept voluntary annexation petition

submitted by the Property Owner Peter Thomas and setting public hearings for June 1, 2015 and June 15, 2015 at 7:00pm, 141 W. Renfro, Burleson, TX for 48.2 acres out of the HG Catlett Survey Abstract No. 185, and direct staff to publish annexation hearing notices and prepare Service Plan.

Justin Bond, Economic Development Manager presented to council annexation petition. Motion was made by Ronnie Johnson and seconded by Rick Green to approve Motion passed 7-0. Contracts & Agreements and Other Related Items 5A. No items for consideration. Other Items for Consideration 6A. No items for consideration. 7. Reports & Discussion Items 7A. 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, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting

Motion was made by Matt Aiken and seconded by Jerry Allen to convene into executive session. Motion passed 7-0. Time: 7:48pm Motion was made by Rick Green and seconded by Dan McClendon to reconvene into open session. Motion passed 7-0. Time: 8:37pm There being no further discussion Mayor Shetter adjourned the meeting. Time: 8:37pm _____________________________ Amanda McCrory City Secretary

City Council Special Meeting 1. B. TO: Honorable Mayor Shetter and members of the Burleson City Council

DATE: 05/15/2015

SUBJECT: Financial Transactions (Rhett Clark)

Council Action Requested:Approve Financial Transactions.

Background Information:The City Charter requires payments and requisitions $25,000 and over be approved by City Council. The following are transactions entered as of the publication of this agenda. Additional transactionsrequiring Council approval will be enclosed in Council folders the night of the Council meeting.

Board/Citizen Input:N/A

AttachmentsFTs 5-15-15

Staff Contact: Rhett ClarkDirector of [email protected]

CITY OF BURLESON FINANCIAL TRANSACTIONSMay 15, 2015

1b.-1FINANCIAL TRANSACTIONS FOR FY 2014-2015

VENDOR NAME DESCRIPTION AMOUNT FUND DEPT

REQUISITIONS OVER $25,000:

CIVICPLUS WEBSITE REDESIGN 33,000.00 GF PIO

ROYERS & SCHUTTS FURNITURE AND INSTALLATION NEW POLICE FACILITY

313,295.31 GF POLICE DEPARTMENT

GSBS BATENHORST INC

PROFESSIONAL ARCHITECTS FEES FOR MUNICIPAL COURT BUILDING

52,500.00 COMMUNITY SERVICE FACILITY

CAPITAL PROJECTS

CITY MANAGER

City Council Special Meeting 1. C. TO: Honorable Mayor Shetter and members of the Burleson City Council

FROM: Peter Krause, Director of Parks & Recreation

DATE: 05/15/2015

SUBJECT: Consideration of an Ordinance revising Chapter 58, Section 4 of the City Code (Park &Recreation). (Final Reading) (Peter Krause)

Council Action Requested:Council is requested to consider and approve an Ordinance revising Chapter 58, Section 4 of the CityCode (Park and Recreation) providing for certain exceptions to the alcohol prohibition (Final Reading)

Background Information:At the May 4, 2015 Council meeting, the City Council approved the following revision to Chapter 58,Section 4 of the City Code (on first reading): (a) The Director may grant, in writing, an exception tothis prohibition for certain private parties (ie. wedding receptions, anniversaries, family reunions, etc.)and special events that are conducted at Russell Farms and the Senior Center.

The Council will recall at their November 10, 2014 meeting, staff brought forward the first revision ofthe park and recreation ordinance since the department's creation. While many provision of theordinance were discussed at the meeting, Section 58.4 regarding the prohibition of alcoholconsumption in parks was certainly the most controversial. At that meeting staff informed Council of apersistent issue at the Hidden Creek Softball Complex (the all adult athletic park) where alcohol wasbeing consumed in violation of the current city ordinance. After much deliberation, Council approvedat first reading the revisions to the ordinance with the exception of Section 58.4, there Council choseto retain the previous prohibition. It reads:

"It shall be unlawful for any person to sell, bring into, consume, or possess alcoholic beverages in anycity park or park facility. Violation of this section is a misdemeanor and, upon conviction, shall be asprovided in 1-14. Each violation shall be deemed a separate offense."

For second and final reading, the Park Ordinance (including the above prohibition) was approved aspart of the consent agenda during the December 8, 2014 Council meeting.

Staff has been requested to bring forward this item to discuss the universal alcohol prohibition whichaffects a wide range of activities (such as private parties, weddings and special events) held at Park &Recreation locations . The current language prohibits not only alcohol consumption at the athleticfields, but at all parks and park facilities such as Russell Farm and the Senior Citizen Center.If Council chose to allow the serving of alcohol at select facilities and for certain occasions, thisexception could be added as paragraph:

"(a) to Section 58 -4: (a) The Director may grant, in writing, an exception to this prohibition for certainprivate parties (ie. wedding receptions, anniversaries, family reunions, etc.) and special events thatare conducted at Russell Farms and the Senior Center."

Should such an exception be granted, the Director shall establish conditions and terms under whichalcohol will be permitted at these locations.


AttachmentsOrdinance Revising 58-4

Staff Contact:

Peter KrauseDirector of Parks and RecreationEmail: [email protected]: (817) 426-9113Mobile: (817) 312-0989

AMENDMENT TO SECTION 58-4, PARKS AND RECREATION Page 1

ORDINANCE NO. _________

AN ORDINANCE AMENDING CHAPTER 58, “PARKS AND RECREATION” OF THE CODE OF ORDINANCES OF THE CITY OF BURLESON TO PROVIDE AN EXCEPTION TO THE PROHIBITION OF ALCOHOL AT CERTAIN FACILITIES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Burleson 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 City Council previously adopted regulations regarding Parks and

Recreation, found in Chapter 58 of the Code of Ordinances; and

WHEREAS, the City Council finds that it is desirable and necessary to amend Chapter

58 of Code of Ordinances of the City of Burleson to provide certain exceptions to the alcohol

prohibition at certain facilities:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF BURLESON:

SECTION 1.

That Sec. 58-4 “Alcoholic beverages in parks, park facility and certain events” of Chapter

58 ("PARKS AND RECREATION") of the Code of Ordinances of the City of Burleson, as

amended, is hereby amended to read as follows:

Sec. 58-4. Alcoholic beverages in parks, park facility and certain events.It shall be unlawful for any person to sell, bring into, consume, or possess alcoholic beverages in any city park or park facility. Violation of this section is a misdemeanor and, upon conviction, shall be as provided in 1-14. Each violation of this section shall be deemed a separate offense.

(a) The Director may grant, in writing, an exception to this prohibition for certain private parties (ie. wedding receptions, anniversaries, family reunions, etc.) and special events that are conducted at Russell Farms and the Senior Center.


SECTION 2.CUMULATIVE

This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances

of the City of Burleson, Texas, as amended, except where the provisions of this ordinance are in

direct conflict with the provisions of such ordinances and such Code, in which event the

conflicting provisions of such ordinances and such Code are hereby repealed.

SECTION 3.SEVERABILITY

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 the valid judgment 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 4.SAVINGS

All rights and remedies of the City of Burleson are expressly saved as to any and all

violations of the provisions of any ordinances 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.


SECTION 5.PUBLICATION

The City Secretary shall give notice of the passage of an ordinance imposing a penalty,

fine or forfeiture by causing the caption or title and the penalty clause of the ordinance to be

published once in a newspaper of general circulation in the city or in accordance with state law

and on the city website after the final passage of the ordinance.

SECTION 6.EFFECTIVE DATE

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 this _______ day of ______________, 2015.

___________________________MAYOR

ATTEST:

_______________________CITY SECRETARY

First Reading: May 4, 2015

Second Reading: __________________


FROM: Billy Cordell, Police Chief

DATE: 05/15/2015

SUBJECT: Supplemental Appropriations Ordinance for Various Expenditures Related to the newBuilding at 1161 SW Wilshire. (Final Reading) (Chief Cordell)

Council Action Requested:Find that time is of the essence and such ordinance should be approved at only one reading;and

1.

Adopt the attached supplemental appropriations ordinance providing funding for variousexpenditures related to the new police building at 1161 SW Wilshire Blvd. (Final Reading)

2.

Background Information:In 2013, Council approved the purchase of a 23,000 sq. ft. building located at 1161 SW Wilshire Blvd.for the Police Department. The current Police building is approximately 10,000 sq. ft. The initialpurchase did not include a formal budget for furniture, fixtures, and equipment (FF&E), InformationTechnology (IT), or relocation of the dispatch communication center. However, $450,000 wasincluded in the current year adopted budget for the Police Department, a "reservation" for buildingrelated expenses not based on any estimates. This amount was available based on the increase inad valorem taxes levied on mineral values.

During recent months, city staff has established an estimate of $777,726 for FF&E, moving thedispatch communications center to the new building, adding a 4th dispatch console to the center toaccommodate growth, all IT related equipment and services, moving expenses, and the purchase of anew access control and surveillance camera system that will become the foundation for a city widesystem. This amount also includes a 10% contingency. A summary of projected costs is attached.

Utilizing the $450,000 already present in the adopted budget, a shortfall of $328,000 remains. Theattached Ordinance will appropriate $328,000 from the fund balance of the general fund to the generalfund operating budget for payment of various expenditures related to the new police building. Individual purchases will be brought to Council at a later date in accordance with establishedpurchasing requirements.

In order to keep pace with the construction remodel, some items included within the total estimatehave already been approved by Council and encumbered utilizing the $450,000 in the adoptedbudget. These encumbrances total approximately $270,471, leaving a balance of $179,528. Furniture expenses are projected to be $313,440 which is more than the current balance ($179,528)available in the adopted budget. This supplemental appropriation will fund the cost of furniture and theremaining items. The order for furniture must be placed prior to June 1, 2015 in order to secure thecurrent pricing. Therefore, time is of the essence and city staff requests this supplementalappropriation be approved on just one reading.


Fiscal Impact

Budgeted Y/N:Fund:Account(s):Amount:Financial Considerations:With the adoption of the ordinance, $ 328,000 will be allocated from fund balance of the general fundto the general fund operating budget. With the adoption of this amendment, staff estimates theending unassigned fund balance in the General Fund to be $7.6 million or 25.7% of annual operatingexpenditures. This is roughly $1.6 million in excess of policy minimum.

AttachmentsExtended Cost Summary Ordinance

Staff Contact: Billy J. Cordell, Chief of Police(817) [email protected]

Ordinance No. ____________

AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2014-2015 in the Budget of the City Manager, there shall also be increased estimated appropriations in the General Fund in the amount of $328,000, provided from available funds for the purpose of constructing capital improvements.

SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect.

SECTION 3. That this ordinance shall be cumulative of Ordinance No. CSO#072-09-2014 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.

SECTION 5. This ordinance shall take effect upon adoption.

PASSED AND APPROVED on this __________day of ___________________, 2015.

_____________________Mayor

ATTEST:

______________________________City Secretary

First reading____________________

City Council Special Meeting 2. B. FROM: Amanda McCrory, City Secretary

DATE: 05/15/2015

SUBJECT: Resolution Canvassing May 9, 2015 Election and Resolution Calling for June 13, 2015Runoff Election. (Amanda McCrory)

Council Action Requested:Council is requested to:

Verify and accept the City Secretary's tabulation as the official canvass1.Approve Resolution canvassing the results of the May 9, 2015 General Election for Place 1,Place 3 and Place 5

2.

Approve Resolution calling June 13, 2015 Runoff Election3.

Background Information:The City of Burleson did conduct a General Election on May 9, 2015 with the following tabulations:

Candidate Early Voting Election Day Total %Stuart Gillaspie 250 153 430 84.13%

Place 1

Candidate Early Voting Election Day Total %Shannan Sutter 28 26 54 11.27%DanO Strong 140 75 215 44.89%Curtis E. Hawk 95 68 163 34.03%John Garrison 29 11 40 8.35%

Place 3

Candidate Early Voting Election Day Total %Mark Hotchkiss 82 58 140 29.23%Dan McClendon 199 113 312 65.14%

Place 5

In the race for Place 3 no candidate received the required majority of the votes causing a need for aRunoff Election.


AttachmentsTabulation Sheet Canvass Resolution Runoff Election

Staff Contact:

Staff Contact: Amanda McCroryCity Secretary817-426-9661 or [email protected]

Race Early Voting Election Day Total Votes PercentagePlace 1

Stuart Gillaspie 250.00 153.00 403.00 84.13%No Votes 43.00 33.00 76.00 15.87%

total 250.00 153.00 403.00

Place 3Shannan Sutter 28.00 26.00 54.00 11.27%DanO Strong 140.00 75.00 215.00 44.89%Curtis E. Hawk 95.00 68.00 163.00 34.03%John Garrison 29.00 11.00 40.00 8.35%No Votes 1.00 6.00 7.00 1.46%

total 293.00 186.00 479.00

Place 5Mark Hotchkiss 82.00 58.00 140.00 29.23%Dan McClendon 199.00 113.00 312.00 65.14%No Votes 12.00 15.00 27.00 5.64%

total 281.00 171.00 452.00

Total Registered Voters Johnson Tarrant Total17,945 4,323 22,268

Total Number of Voters Early Voting Election Day Total293 186 479

Percentage of Voter Turnout2.15%

I hereby certify this is a trueand correct Tally Sheet

Election Judge - LauraAnn Krolak-Johnson

TALLY SHEET CITY GENERAL ELECTION - MAY 9, 2015

Held at City of Burleson City Hall, 141 W. Renfro Johnson County, Burleson TX 76028 Precint Burleson 1

RESOLUTION

A RESOLUTION CANVASSING THE RETURNS OF THE MAY 9, 2015 GENERAL ELECTION OF THREE (3) COUNCIL PLACES FOR FULL TERMS. WHEREAS, an election was held in Burleson, Texas on May 9, 2015 for

the purpose of the election of three councilmembers for full term; and

WHEREAS, the City Council has reviewed all matters pertaining to this

election, including ordering, notices, election officers, holding and returns thereof;

and

WHEREAS, the City Council hereby canvasses the returns of this election,

at which there was submitted to all residents, qualified electors of the City of

Burleson for their action thereupon, the election of three (3) councilmembers for

full term; and

WHEREAS, the city has diligently inquired into the polling lists and the

official election returns which were duly and lawfully made to this Council; the poll

lists and the official election returns showing separately the votes cast in the

election; and

WHEREAS, from these returns, this Council hereby finds that the following

votes were cast in the election by voters who were resident, qualified electors of

the City of Burleson; and

WHEREAS, each of the candidates in said election received the following

votes:

Place 1 Candidates Number of Votes

Stuart Gillaspie 403


Shannan Sutter 54

DanO Strong 215

Curtis Hawk 163

John Garrison 40


Mark Hotchkiss 140

Dan McClendon 312

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF BURLESON THAT;

SECTION 1

The City Council finds, determines, and declares that the election was

duly and properly ordered, that proper legal notice of such election was duly

given in English and Spanish, the proper election officers were duly appointed

prior to the election, that the election was duly and legally held, that all residents,

qualified electors of the City of Burleson were permitted to vote at the election,

and due returns of the results of the election have been made and delivered and

that the City of Burleson has duly canvassed such returns, all in accordance with

the laws of the State of Texas and the United States of America and the

resolution calling the election.

SECTION 2

The following persons are therefore elected as Councilmembers of the

City of Burleson for three (3) year terms:

Place 1 Stuart Gillaspie Place 5 Dan McClendon

Section 3

In the Place 3 race no candidate received the required majority vote and

the council will follow the procedures for a Runoff Election.

PASSED AND APPROVED THIS THE 15th DAY OF MAY, 2015

_______________________

Mayor, Ken Shetter

ATTEST:

_______________________________

City Secretary, Amanda McCrory

RESOLUTION

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS, CALLING FOR A RUNOFF ELECTION TO BE HELD ON JUNE 13, 2015, ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, The City of Burleson Charter Section 95 (a) requires a majority of the votes

to hold office; and

WHEREAS, The City of Burleson Charter Section 95 (b) sets forth the rules and procedures for a Runoff Election ; and

WHEREAS, Passing this Election Order on May 15, 2015 causes the Runoff Election

day to be June 13, 2015; and WHEREAS, by this Resolution, it is the intention of the City Council to call the Runoff

Election, designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS: Section 1. Runoff Election Order. A runoff election shall be held in the City of Burleson, Texas, on Saturday, June 13, 2015, at which the following officials will be elected:

Councilmember Place 3

Section 2. Polling Place. The polling place for the Runoff Election shall be as follows:

City of Burleson, City Hall 141 W. Renfro

Burleson, Texas 76028 The polls shall be open from 7:00 a.m. until 7:00 p.m. on June 13, 2015, in accordance with and pursuant to the requirements of the Texas Election Code (the “Code”).

Section 3. Precinct Established. The City shall constitute a single election precinct for the election, to be known as Burleson Election Precinct No. 1.

Section 4. Candidates on the Ballot. The candidates shall be named in the Certification of Runoff Candidates filed with the City Secretary by the Mayor for Place 3.

Section 5.

Appointment of Election Judge and Alternate Election Judge. The following named individuals are hereby appointed to serve as presiding Election Judge and Alternate Presiding Judge, respectively, at the election: Presiding Election Judge Name: Laura Ann Krolak-Johnson Alternate Presiding Judge Name: Linda Hays The Presiding Election Judge and Alternate Presiding Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Election Code, deliver to the Presiding Election Judge and the Alternate Presiding Judge notice of their appointments.

Section 6.

Appointment of Clerks. The Presiding Election Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. The Judge shall make a reasonable effort to appoint at least one (1) bilingual election clerk.

Section 7.

Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Election Code, and all resident qualified voters of the City shall be eligible to vote at the election.

Section 8.

Publication and Posting of Notice of Election. Notice of the election shall be given as required by Chapter 4 of the Election Code, and the Charter of the City of Burleson.

Section 9.

Early Voting. The City Secretary, City of Burleson, 141 W. Renfro, Burleson, Texas 76028, is hereby designated as the Early Voting Clerk and she may appoint the necessary deputy clerks as required for early voting. Early voting by personal appearance shall be conducted between the hours of 8:00 a.m. until 5:00 p.m. on each day which is not a Saturday or Sunday, or an official State or Federal Holiday, beginning on Monday, June 1, 2015, and continuing through Tuesday, June 9, 2015, with expanded hours of 7:00 a.m. to 7:00 p.m. on Monday, June 8, 2015 and Tuesday, June 9, 2015. Early Voting by personal appearance shall be at the City of Burleson City Hall Conference Room 101, 141 W. Renfro Street, Burleson, Texas, 76028. Applications for early voting by mail shall be delivered to the City Secretary, 141 W. Renfro, Burleson, Texas 76028, not earlier than Friday, May 15, 2015, and not later than the close of business on Friday, May 29, 2015, if in person, or Thursday, June 4, 2015, if by mail. Early Voting shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board for the election.

Section 11.

Submission to the United States Justice Department. If needed, the City Secretary of the City of Burleson, Texas, or her designee, is authorized to make such submission to the United States Justice Department to seek pre-clearance as required by law.

Section 12.

Delivery of Returns. In accordance with the Election Code, immediately after the closing of the polls on the day of the election, the election officers names in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Election Judge; one copy shall be delivered to the Mayor of the City; and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Election Code.

Section 13.

Effective Date. This resolution shall be effective upon its adoption.

DULY RESOLVED by the City Council of the City of Burleson, Texas, on the ___________ day of _______________, __________. ______________________ Mayor, Ken Shetter Attest: (City Seal) _____________________ City Secretary, Amanda McCrory


FROM: Paul Cain, Deputy City Manager

DATE: 05/15/2015

SUBJECT: Revised Facilities Use Agreement with Burleson Youth Association (BYA) (Paul Cain)

Council Action Requested:City Council is requested to approve the attached revised facilities use agreement with BYA.

Background Information:On November 19, 2010, the City and BYA executed a facilities use agreement concerning recreationleague and tournament play at Chisenhall Fields. Over the last year, both staff and Councilmembers have received complaints and heard concernsfrom citizens regarding BYA’s operation of tournament play at Chisenhall. Those complaints haveprimarily concerned financial issues but have also included complaints that BYA and one particulartournament provider have monopolized play at Chisenhall which has resulted in other tournamentproviders having no interest in having tournaments in Burleson. In late July of 2014, the City initiated an effort to gain a better understanding of tournament operationsconducted by BYA at Chisenhall Fields. On January 29, 2015, the City sent BYA a letter which advised them:“Having reviewed this information provided to the City by BYA, the City believes changes must bemade to our current contractual arrangement if the relationship between the City and BYA is tocontinue.”The letter advised BYA the City’s concern is the “efficiency, competency, and quality of servicesprovided to the City by BYA for tournament play”. Since January 29, 2015, staff and BYA have worked to create a revised agreement which addressesthe City’s concerns. On May 11, 2015, BYA executed the revised agreement which replaces theprevious agreement.

Some highlights of the revised agreement:

Removes BYA from the tournament business; now solely under control of the City (Art. 2)Reduces the price per player fee charged by the City for recreation league play to offset BYA'slost tournament revenue (Secs. 1.7 & 1.8). BYA will freeze recreation league fees for 2 years,adjusted only for inflation. (Sec. 1.7 d.)Per Section 1.3 d., BYA will incorporate into its bylaws: (a) 2 weeks publication on its website ofvendor/contractor opportunities and (b) a prohibition preventing Boardmembers from voting toaward a contract or quote where he/she has a conflict of interest.Established 10:30 (weekday) and 11:00 (weekend) game conclusion times for recreationalleague play. (Sec. 1.4 a. & b.)Limited tournament play to 3 weekends per recreational league season (Sec. 1.4 c.)Strengthened disciplinary provisions for coaches (Sec. 1.6 d & e)Preserves BYA's "first right of refusal" status for tournament concessions (Sec. 2.3)Initial term is for 5 years with one 5 year automatic renewal (with either party having right to optout in writing prior to end of initial term). In no case will total term exceed 10 years (Secs. 6.1 &6.2).

Preserves default provisions of the original agreement (Sec. 6.4)Supersedes all previous agreements (Sec. 10.5)

Staff believes this agreement addresses the various concerns and recommends Council approval.


AttachmentsExecuted Revised Agreement

Staff Contact: Paul CainDeputy City Manager817-426-9680

Peter KrauseDirector of Parks & Recreation817-426-9113

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