1.

Discussion of City-related bills filed by 80th Texas Legislature.

2.

Discussion of City Council Policies.

3.

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

4.

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.

5.

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 March 8, 2007 regular session.

B.

Financial Transactions.

Plats

C.

Burleson Commons, Lots 3 – 6, Block 1 – Preliminary Plat – Request the approval of the Preliminary Plat of 4 lots of Burleson Commons Addition located south of the intersection of SH 174 and FM 731. (Case 07-015)

D.

Hays Addition, Lot 1, Block 1 – Preliminary Plat – Request the approval of the Preliminary Plat of 1 lot, 0.98 acres of Hays Addition located south of FM 731 and north of Alsbury Blvd. (Case 07-019)

E.

Miller Creek Crossing, Lots 1 – 4, Block 1 – Preliminary Plat – Request the approval of the Preliminary Plat of 4 lots, 12.67 acres of Miller Creek Crossing Addition located at the intersection of CR 711 and CR 809 in the ETJ. (Case 06-124)

F.

Hays Addition, Lot 1, Block 1 – Final Plat – Request the approval of the Final Plat of 1 lot, 0.98 acres of Hays Addition located south of FM 731 and north of Alsbury Blvd. (Case 07-005)

G.

Miller Creek Crossing, Lots 1 – 3, Block 1 – Final Plat – Request the approval of the Final Plat of 3 lots, 6.33 acres of Miller Creek Crossing Addition located at the intersection of CR 711 and CR 809 in the ETJ. (Case 07-014)

Contracts and Agreements

H.

Consideration of a contract with James Kelly, DBA Blue Moon Acquisitions for professional services related to real estate acquisitions for the North Creek Sanitary Sewer Relief Line Capital Improvement Project, and authorization for the City Manager to execute the contract.

Other items for consideration

I.

Award the bid for the construction of the Shannon Creek Sanitary Sewer Extension project and authorize the City Manager to execute the contract.

J.

Quarterly Investment Report – Periods ending 3/31/06, 6/30/06, and 9/30/06.

2.

A.

Administer Oath of Office to City Secretary Amanda McDowell.

B.

Citizen Appearance and  Presentations

3.

A.

Public Hearing and consideration of the Council to continue, modify or abolish Ordinance B-662, the City of Burleson’s ordinance establishing curfew hours for minors.

B.

Public hearing and consideration of a request by Chesapeake Energy for a gas well drilling permit, known as the Hidden Creek Golf Course Unit #4H, on 220.44 acres located at Hidden Creek Golf Course. (Case 07-027)

C.

Public hearing and consideration of a request by Chesapeake Energy for a gas well drilling permit for three gas wells, known as the West Unit, on 115.826 acres located west of the Union Pacific Railroad and north of Wilshire Boulevard, and northeast of the Hampton Place subdivision (Case 07-023)

4.

A.

Resolution R-1084-07, rescinding Resolution 455 requiring all public hearings pertaining to zoning amendments be held jointly between the City Council and the Planning and Zoning Commission.

B.

Ordinance D-078-07, request for a rezoning from the (I) Industrial district to (2F) Two Family zoning district for approximately 0.66 acres located west of North Field Street, southwest of Interstate 35W.  (First Reading) (Case 07-011) Set public hearing.

C.

Ordinance D-079-07, request for the issuance of a Specific Use Permit (SUP) for child care as a home occupation on property located at 128 NE Cindy Lane.  (First Reading) (Case 07-017) Set public hearing.

D.

Ordinance C-615-07, consideration of an amendment to the Comprehensive Plan regarding the IH35 Corridor Plan.  (First Reading) (Case 07-29) Set public hearing.

E.

Ordinance B-767-07, consideration of an amendment to the Burleson Zoning Ordinance regarding the IH 35 Overlay District.  (First Reading) (Case 07-030) Set public hearing.

F.

Ordinance D-080-07, Consideration of an ordinance amending the Burleson Zoning Ordinance and Official Zoning Map by establishing and enacting the IH35 Overlay District on approximately 2,000 acres of property generally located on the east and west sides of IH35 and including all property in the city limits on both sides of the highway.  (First Reading) (Case 07-031) Set public hearing.

G.

Ordinance C-614-07, amending Chapter 38, Fire Prevention and Protection, Article II, of the Code of Ordinances of the City of Burleson, “Establishing the Fire Prevention Department as a Law Enforcement Agency of the City.” (First Reading)

5.

A.

Authorize the City Manager to Execute an Agreement with Prime Strategies Inc. for Professional Services related to Pass-Through Toll Financing of Improvements to East Renfro (FM 3391)

6.

A.

Request the approval of a site plan under Article XV Burleson Old Town Design Standards – Burleson Code of Ordinances for La Vue Day Salon located at 100 East Bufford Street.  (Case 06-111)

7.

A.

Report by Mayor Shetter on National League of Cities Conference.

B.

Report by Deputy City Manager Paul Cain on Strengthening Families Initiative.

C.

Report by Finance Director Rhett Clark on Warrant Roundup.

D.

Report by Director of Planning and Engineering Services David Wynn on Thoroughfare Plan Update.

E.

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.