Report on The Little Red Schoolhouse from the Harvest House.

Discussion of Burleson Commons.

Discussion of Curbside Recycling.

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

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.  UExecutive 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.U

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

General

1.

A. 

Minutes from the October 25, 2007 regular session.

B.

Financial transactions.

Ordinances

C. 

Ordinance B-771-07, amending Chapter 38 of the Fire Prevention and Protection Code by adopting the 2003 International Fire Code with local amendments. (First Reading)

Contracts & Agreements

 D.

Amendments to Contracts with Chevron ES and RedMoon, Inc. for the Wireless Mesh Network.

 E.

Interlocal Cooperative Agreement with the North Central Texas Council of Governments for the Transit Oriented Development (TOD) Planning Project.

 F.

Agreement with Polleyco Services for the sale of non-potable water from Bailey Lake.

Final Plats

 G.

Final Plat of Lot 3, Blk A, 1.88 acres of McNairn Gardens, located along the south side of SW Wilshire Boulevard (SH174) north of Aaron Rents. (Case 07-113)

Other Items for Consideration

 H.

Award the bid for Police Motorcycles to Fort Worth Harley Davidson. (ITB 2008-007)

 I.

Change Order No. 1 to Purchase Order 203483 on a new fire engine in the amount of $53,666.

 J.

Change Order No. 3 to the 2007 Neighborhood Streets and 2007 Independent Water Projects in the amount of $92,143.45.

 K.

Waiver from Sections 17.1 and 17.2 of the Subdivision and Development Ordinance which require payment of filing fees with submission of preliminary and final plats for the Chisenhall Sport Complex.

2.

A. 

Citizen Appearances.

3.

 A.

Public Hearing and consideration of Ordinance D-084-07 for a specific use permit of a convenience store with fuel sales on 1.36 acres located at the southeast corner of W Renfro Street and SH 174 (SW Wilshire Blvd). (Case 07-096) (First Reading)

 B.

Public Hearing and consideration of an 18 month lease of subsurface minerals (natural gas) and a drill site located at the Burleson Memorial Cemetery 580 Memorial Plaza (Abstract 4, Tract being 7.5 acres, 13D David Anderson Survey) and adjoining city owned property 620 Memorial Plaza (Abstract 4, Tract 13A1 being 19.82 acres David Anderson Survey) to Chesapeake Energy and authorizing the City Manager to execute the contract.

 C.

Public Hearing and consideration of an 18 month lease renewal for the subsurface minerals (natural gas) at city owned park property located south of Spinks Airport consisting of 21.87 acres in Abstract 496, A. Lee Survey Tract 4A to Chesapeake Energy and authorizing the City Manager to execute the contract.

 D.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one gas well, known as the Panchasarp Unit 1H, on 121.39 acres located on an existing drill site near CR 1021 and Wicker Hill Road.  (Case No. 07-114)

 E.

Public Hearing and consideration of Ordinance D-085-07 rezoning 5.433 acres from (SF7) Single Family 7 to (GR) General Retail zoning located north of Lakewood Drive between SH 174 (SW Wilshire Blvd) and Cherry Hills Lane.  (Case No. 07-102) (First Reading)

 F.

Public Hearing and consideration of Ordinance C-636-07 to Tax Tangible Personal Property in Transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253.  (First Reading)

4.

 A.

Ordinance B-772-07, amending Chapter 82 Article III establishing obligations, duties and responsibilities for collection of residential garbage and recycling and non-residential garbage collection, to include the establishment of curbside recycling services for the City of Burleson residents.  (First Reading)

 B.

Contract with Community Waste Disposal (CWD) to provide collection and processing of residential recyclable materials.

 C.

Ordinance C-637-07, establishing rates to be charged for Solid Waste Collections including Curbside Recycling.  (First Reading)

 D.

Resolution R-1105-07, authorizing the City Manager or his designee to enter into cooperative inter-local agreements with other governmental entities and to grant the City Manager or his designee the authority to determine best value method of goods and services.

 E.

Resolution R-1106-07, affirming a joint resolution between the City of Burleson and the City of Alvarado for the mutual adjustment of the Extra Territorial Jurisdiction (ETJ) boundary between the two cities and for the authorization of the City Manager to execute an Interlocal Boundary Agreement for the adjustment of said boundary.

 F.

Resolution R-1107-07, casting votes for the election of Members of the Board of the Tarrant Appraisal District.

 G.

Resolution R-1108-07, casting votes for the election of Members of the Board of the Central Appraisal District of Johnson County.

5.

A. 

No items at this time.

6.

A. 

Site plan and building elevation for a child care use located at 215 W Eldred Street within the Old Town Overlay District. (Case 07-093)

7.

 A.

Economic Development.

 B.

Land Acquisition for Flood Control, Public Infrastructure, and other Public Improvements.

 C.

Water / Wastewater Impact Fees Report.

 D.

Annexation.

 E.

Various Staff Reports.

8.

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, 551.073, 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.

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

1. (A)  Pursuant to  Sec. 551.071, 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) 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 413PthP District Court for Johnson County, Texas.

(6) John David McShan, Sr. et al vs. City of Burleson, Texas

(7) Ms. J. Leonard, Claimant.

(B) Pursuant to Sec. 551.071, a settlement offer;

(C) Pursuant to Sec. 551.071, 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.
(1) Consultation with attorney to receive advice regarding boundary agreements with area cities.

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

3. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Secretary, City Manager, and Municipal Court Judge.

4. Pursuant to Sec. 551.076, deliberation regarding security devices.

5. 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 the offer of a financial or other incentive to a business prospect described in (1) above.

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