1.

Discussion of Council Retreat.

2.

Discussion of all items on tonight’s meeting.  No action will be taken and each item will be considered during the Regular Session.

3.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 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.

4.

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

1.

General

A.

Approve minutes from the January 11, 2007 regular council meeting.

B.

Financial Transactions.

Ordinances and Resolutions for First Reading

C.

Resolution 1077-07, calling the May 12, 2007, General Election for City of Burleson Council Places, 1, 3, and 5.

Ordinances for Final Reading

D.

Ordinance D-074-07, rezoning of approximately 1.787 acres of the Shannon Creek Development from (SF7D) Single Family 7 Development Option to (NS) Neighborhood Service, located at the northwest corner of Shaffstall Road and Tantarra Drive. (Case 06-141) (Final Reading)

E.

Ordinance D-075-07, rezoning of approximately 108.27 acres from (SF7) Single Family 7, (SF10) Single Family 10 to (SF16) Single Family 16, located south of Hidden Creek Parkway, west of the Union Pacific Railroad. (Case 06-144) (Final Reading)

F.

Ordinance C-611-06, abandoning 0.173 acres of existing right-of-way adjacent to Hidden Creek Parkway near Dobson Street (Final Reading)

Plats & Other Related Items

G.

Consideration of a request for the approval of the Preliminary Plat of 318 Lots, 310.942 acres of Hidden Vistas, located south of Hidden Creek Parkway, west of the Union Pacific Railroad. (Case 06-144) 

H.

Consideration of a request for the approval of Preliminary Plat of 391 Lots, 120.7 acres of Shannon Creek Phases II-V, located north of Shaffstall Road, west of SH 174 ( Wilshire Boulevard) (Case 06-143)

I.

Consideration of a request for approval of the Preliminary Plat of 455 lots, 125.02 acres of Mistletoe Hill PH V, VI, VII, located north of McAllister Road, west of the Union Pacific Railroad. (Case 06-142) 

J.

Request for a waiver from Section 8.2.G for the maximum length of two cul de sacs of the Burleson Design Standards Manual for approximately 108.27 acres located south of Hidden Creek Parkway, west of the Union Pacific Railroad. (Case 06-144)

K.

Recording of the Final Plat for Willow Creek Crossing.

Other items for consideration

L.

Authorizing the Mayor to execute Permanent Rights-of-Way dedication instrument through City property for the Hidden Creek Parkway west jug handle.

M.

Award the bid for Concrete Installation – Parks (ITB 2007-015).

2

A.

Citizen Presentations

3.

A.

Public hearing to receive and consider a bid submitted by Chesapeake Exploration L.P. for lease of subsurface minerals (natural gas) at Heberle Park located at 812 Tyler Court (Tract 001 being .734600 acres and Lot 9 of Block 1 and Tract 002 being .37000 acres.  Lot 16 of Block 2) for subsurface natural gas production and authorizing the City Manager to execute the contract.

4.

A.

Ordinance D-076-07, request for a rezoning of 1.61 acres from (A) Agricultural to (SP) Site Plan District, located at 3220 S Burleson Boulevard (I-35W). (Final Reading) (Case 06-153)

B.

Resolution 1078-07, Adopting National League of Cities’ Platform for Strengthening Families and Improving Outcomes for Children and Youth

5.

A.

Authorization to enter into an agreement with Devon Energy Corporation for the sale of water from Bailey Lake and authorizing the City Manager to sign.
 

6.

A.

There are no items for this council meeting.

7.

A.

Various Staff Reports.

8.

A.

Non-agenda council and staff comments.

(In compliance with the Texas Open Meetings Act, Council members may comment on routine city matters, may ask questions of staff that require only responses of factual information or statements of existing city policy, or may request that non-routine matters of public concern be placed on a future agenda.  Council members may not discuss non-agenda items among themselves.)  (In compliance with the Texas Open Meetings Act, city staff members may comment on routine city operations and projects.  Staff members may respond to questions from others only with statements of factual information or existing city policy.)

9.

A.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 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.

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

(A)  pending or contemplated litigation including but not limited to the following:

(1) Floyd Bartula, et al. V. City of Burleson, Texas

(2) AT&T Fiber Optic Cable Litigation, US District Court, Southern District of Indiana.

(3) Andrea Conzoneri-Kyle vs. City of Burleson, Texas.

(4) Nashville vs City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

(5) City of Burleson Texas vs Tolmay Enterprises Inc.
(6) Kevin Schronk, Individually and as Representative of the Estate of Helen Schronk, Deceased, and Dustin Schronk vs. City of Burleson and Laerdale Medical Corp. Cause No. C200600118 – In the 413th District Court for Johnson County, Texas
(7) John David McShan, Sr. et al vs. City of Burleson, Texas

(B) a settlement offer;

(C) a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the chapter.

Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease or sale of real property for future expansion of certain programs and services.

Pursuant to Sec. 551.074, personnel matters related to the evaluation and appointment of City Secretary and evaluation of City Manager.

Pursuant to Sec. 551.076, deliberation regarding security devices.

Pursuant to Sec. 551.087, deliberation regarding Economic Development Negotiations including (1) discussion or deliberation 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 (2) deliberation of a financial or other incentive to a business prospect described in (1) above.

Pursuant to Section 418.183(f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.