1.

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

2.

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.

3.

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 22, 2007 regular session.

B.

Financial Transactions.

Contracts and Agreements

C.

Consideration of a contract with James Kelly, DBA Blue Moon Acquisitions for professional services related to real estate acquisitions for the Hemphill Road and McAlister Road Capital Improvement Projects, and authorization for the City Manager to execute the contract.

D.

Authorization for the City Manager to execute a Pipeline Crossing Agreement between Union Pacific Railroad and the City of Burleson for the North Creek Relief Sewer Project.

E.

Consideration of a Joint Election Agreement with Tarrant County to share a polling site on May 12, 2007 and authorize the Mayor to sign.

Ordinances and Resolutions

F.

Consideration of 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.”  (Final Reading)

Other items for consideration

G.

Award the bid for 2007 Exterior Tank Painting Services (ITB 2007-019)

H.

Award the bid for 2007 Mill and Overlay program (ITB 2007-021)

I.

Award the bid for 2007 Micro Surface Program (ITB 2007-022)

2.

A.

Citizen Appearance and  Presentations

3.

A.

Public Hearing and consideration of Ordinance D-078-07, a 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)

B.

Public Hearing and consideration of Ordinance C-615-07, an amendment to the Comprehensive Plan regarding the IH35 Corridor Plan. (Final Reading) (Case 07-29)

C.

Public Hearing and consideration of Ordinance B-767-07, an amendment to the Burleson Zoning Ordinance regarding the IH 35 Overlay District. (Final Reading) (Case 07-030)

D.

Public Hearing and consideration of Ordinance D-080-07, 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.  (Final Reading) (Case 07-031)

E.

Public Hearing and consideration of 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.  (Second Reading) (Case 07-017)

F.

Public Hearing and consideration of Ordinance C-616-07, an amendment to the Comprehensive Plan regarding the Burleson Master Thoroughfare Plan (First Reading) (Case No. 07-038)

4.

A.

Ordinance C-618-07, changing the name of Shaffstall Road from State Highway 174 (Wilshire Boulevard) to the Burlington Northern Railroad and changing the name of County Road 920 from the Burlington Northern Railroad to County Road 1016 to Southwest Hulen Street.   (First Reading)

B.

Ordinance C-619-07, changing the name of Granbury Road from State Highway 174 (Wilshire Boulevard) to its terminus approximately 1800 feet northwest of State Highway 174 to Lakewood Drive.   (First Reading)

C.

Ordinance C-620-07, changing the name of Ellison Street (Old Alvarado Highway) approximately 100 ft east of Scott between Ellison Street as realigned and South Burleson Boulevard, to B & G Boulevard (First Reading)

5.

A.

No items at this time.

6.

A.

Consideration of Request from Chamber of Commerce for Financial Support of Honeyfest.

B.

Land acquisition for purposes of flood control and other public improvements.

7.

A.

Report on golf course operations year to date.

B.

Quarterly Investment Report for Quarter ended 12/31/06.

C.

New Planning and Zoning Commission Dates based on Elimination of Joint Public Hearings between the City Council and Planning and Zoning Commission.

D.

Report on Strengthening Families Initiative.

E.

Legislative Update.

F.

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.