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.  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.

Minutes from the November 8, 2007, regular session and the November 29, 2007, special session.

 B.

Financial transactions.

Ordinances & Resolutions

C.

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. (Final Reading)

D. 

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

E. 

Ordinance C-636-07 to Tax Tangible Personal Property in Transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. (Final Reading)

F.

Ordinance C-638-07, appointing the interim Municipal Court Judge and interim Associate Municipal Court Judges of the Municipal Court of Record in the City of Burleson, terms commencing January 1, 2008 and terminating March 31, 2008, or upon appointment of permanent replacements. (Final Reading)

G. 

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) (Final Reading)

H. 

Ordinance B-773-07, establishing a school zone on Hidden Creek Parkway from Hurst Road to 660 feet to the west. (First Reading)

I. 

Ordinance B-774-07, establishing a speed limit of 35 miles per hour on Summercrest Boulevard from FM731 to Cedar Ridge Lane and establishing a school zone on Summercrest Boulevard from Cedar Ridge Lane to 237 feet east of West Bend Boulevard. (First Reading)

I.1

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

Contracts & Agreements

J.

Advance Funding Agreement for the installation of traffic signals at the intersections of FM 3391 (Renfro Road) and South Hurst Road and Cardinal Ridge, authorization for the City Manager to execute the Advance Funding Agreement, and authorizing payment of $497,484.00 to the Texas Department of Transportation.

K.

Professional services agreement with Brittain & Crawford, LLC, for survey services related to the rail transit site and authorize the City Manager to execute.

Final Plats

 L.

Final Plat of 129 lots, 68.7 acres of Hillside Park at Wakefield, located southwest of John Jones Drive (FM 731) across from Hillside Drive. (Case 06-092)

M. 

Final Plat of 1 lot, 3.08 acres of Pierce Addition, located in the ETJ along the north side of CR 804A between Oak Parkway and FM 731.
(Case 07-109)

N. 

Final Plat of 1 lot, 1.63 acres of Amdar Machine Addition, located in the ETJ along the east side of FM 2280 south of Northcrest Drive.
(Case 07-111)

O. 

Final Plat of 1 lot, 2.5 acres of Daniel’s Place Addition located in the ETJ along the east side of CR 1017 south of Mazac Road. (Case 07-112)

 P.

Final Plat of 50 lots, 21.1 acres of Shannon Creek Estates, Phase 1 located north of Shaffstall Road, east of the Burlington Northern/ Santa Fe Railroad. (Case 07-124)

Other

 Q.

Award the base bid for the construction of the Hidden Creek Parkway Landscape Improvements project and authorize the City Manager to execute the contract.

 R.

Speed Study on the I-35W frontage roads between Alsbury Boulevard and Briaroaks Road and authorize the City Manager to request.

 S.

Quarterly Investment Report for Quarters ended 3/31/07 and 6/30/07.

 T.

MO-07-010, amending of the 2007-2008 City of Burleson Fee Schedule by replacing the Fort Worth Water and Wastewater Impact Fee Assessment Schedule effective January 1, 2008.

 U.

MO-07-011, appointment to fill an unexpired term on the Planning and Zoning Commission.

2.

A. 

Citizen Appearances.

3.

 A.

Public Hearing and consideration of the request of Aspect Energy for an amendment to a gas well permit for a site located 820 feet west of County Road 714 and 2,100 feet east of FM 731 to allow the installation of additional pad site equipment. (Case 06-115)

 B.

Public Hearing and consideration of a request by XTO Energy Inc., for a gas well drilling permit on 147 acres located east of Hurst Road, north of East Renfro Street.  (Case No. 07-051)

 C.

Remove from the table, continue the Public Hearing, and consider the request of Devon Energy for a gas well permit on approximately 161 acres located 1100 feet west of FM 1902, and 200 feet south of CR 913.  (Case No. 07-081)

 D.

Public Hearing and consideration of a request by Paloma Resources, LLC for a gas well drilling permit for one gas well, known as the Willow Creek B Unit 1H, on 219.43 acres located at 633 Mockingbird Lane, in the northern portion of Willow Creek Ranch and adjacent to the Burlington Northern Santa Fe Railroad right-of-way.  (Case No. 07-121)

 E.

Public Hearing and consideration of a request for a waiver from Section 8.2.G of the Burleson Design Standards Manual regarding street standards for the maximum length of a cul-de-sac and the approval of the preliminary plat of 5 Lots, 6.38 acres of Antonio’s Vistas located along the west side of S. Fox Lane south of E. Renfro Street in the ETJ.
(Case 07-118)

F. 

Public Hearing and request the approval of the Replat of 3.94 acres of Lot 31, Shady Hill Estates in the ETJ along the south side of CR 529 between CR 529A and Merrill Court. (Case 07-091)

 G.

Public Hearing and consideration of Ordinance D-086-07 for rezoning from A - Agricultural to I - Industrial within the Interstate 35 W overlay district for 12.568 acres located along the west side of I 35 north of Bethesda Road. (Case 07-122) (First Reading)

 H.

Public Hearing and consideration of the request of Robert Spaulding for a waiver from the masonry construction ordinance B-743-06 for a new accessory structure in a residential zone located at 1800 Lariat Drive. (Case 07-134)

I. 

Public Hearing and consideration of the request of Chris Milton for a waiver from the masonry construction ordinance B-743-06 for a single family residence to be located at 112 SW Taylor Street, Lot 18, Block 5 Crestmoor Park Addition. (Case 07-135)

4.

 A.

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) (Final Reading)

 B.

Ordinance C-639-07, abandoning a 30’ public roadway and utility easement and retaining it as a private access and public utility easement and a waiver City Council Policy 13 regarding the process for easement abandonment. (First Reading)

 C.

Ordinance B-775-07, repealing B-761-06, Article VII of Chapter 14 Oil and Gas, Regulating the Drilling and Production of Gas Wells within the City and replacing it in its entirety.  (First Reading)

5.

A. 

No items for consideration at this time.

6.

A. 

No items for consideration at this time.

7.

 A.

Economic Development.

 B.

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

 C.

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.

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.