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.

General

1.

 A.

Approve minutes from the September 13, 2007 regular session.

 B.

Financial transactions.

Ordinances & Resolutions

C.

Ordinance C-635-07, amending Chapter 6 (Animal Care and Control) of the Burleson Code of Ordinances. (Final Reading)

D. 

Consideration of Ordinance D-082-07, a request to rezone property from (C) Commercial and (SF7) Single Family 7 to (PD) Planned Development for 55.7 acres located at the northeast intersection of SW Wilshire Blvd (SH 174) and NW John Jones Dr (FM 731) behind the existing Exxon station. (Case No 07-072) (Final Reading)

E. 

Consideration of Ordinance D-083-07 a request for a rezoning from (SF10) Single Family 10 to (C) Commercial for 6.88 acres located on the southwest corner of SW Wilshire Boulevard (SH174) and NW John Jones Drive (FM 731). (Case 07-083)  (Final Reading)

Plats

 F.

Request the approval of the Preliminary Plat of 2 lots, 119.7 acres of River Place Addition located on the southwest corner of SW Wilshire Boulevard (SH174) and NW John Jones Drive (FM731). (Case 07-084)

G. 

Request the approval of the Preliminary Plat of 10 lots, 18.84 acres of McNairn Gardens located at the south corner of SW Wilshire Boulevard (SH174) and Gardens Boulevard. (Case 07-089)

Contracts & Agreements

H. 

Consideration of an agreement with Oncor Electric Delivery Company for streetlight installation in Old Town parking lots and authorize the City Manager to execute.

2.

A. 

Citizen Appearances.

3.

 A.

Public hearing and consideration of a request by Chesapeake Energy for a gas well drilling permit for one gas well, known as the Allenco 1H Unit, on 126.13 acres located approximately 1100 feet north of Shaffstall Road and 800 feet west of Wilshire Boulevard.  (Case No. 07-100)

B. 

Public hearing and consideration of a request by Chesapeake Energy for a gas well drilling permit for one gas well, known as the Torres 1H Unit, on 107.92 acres located approximately 900 feet south of Shaffstall Road and 250 feet west of Wilshire Boulevard.  (Case No. 07-101)

 C.

Public Hearing and consideration of a request by HEB Grocery Company for a waiver from Section 14.8 (Procedures for Final Plat Approval) and Section 52 (Data and Agreements) required for final plat action of the Burleson Subdivision and Development Ordinance (B-622); and the approval of the Final Plat of 1 lot, 26.9 acres of River Place Addition located on the southwest corner of SW Wilshire Boulevard (SH174) and NW John Jones Drive (FM731). (Case 07-085)

4.

 A.

Ordinance C-632-07, revising budget figures for fiscal year 2006-07 and adopting the 2007-2008 Annual Operating Budget. (Final Reading)

B.

Minute Order MO-07-005, vote to ratify the property tax revenue increase reflected in the 2007-2008 FY Budget.

C.

Ordinance C-633-07, setting the 2007 Ad Valorem Tax Rate. (Final Reading)

D.

Ordinance C-634-07, establishing rates to be charged for water and wastewater service in the City of Burleson. (Final Reading)

E. 

MO-07-006, adopting the 2007-2008 FY City of Burleson fee schedule.

F.

Resolution R-1101-07, affirming the nomination for candidate for the Board of Directors for the Central Appraisal District of Tarrant County, Texas.

G. 

Resolution R-1102-07, affirming the nomination for candidate for the Board of Directors for the Central Appraisal District of Johnson County, Texas.

5.

A. 

Amendment to Chapter 380 Supplemental Cost of Infrastructure Reimbursement Agreement with B&G Commercial Investments, L.P. for Phases II through IV of Renfro Square.

6.

A. 

MO-07-007, approving the 2007-2008 City of Burleson Board and Commission appointments.

B. 

Declare Paid Official Holidays for City Employees.

7.

A. 

Economic Development.

B. 

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

C. 

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 413th District Court for Johnson County, Texas.

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

(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, the City Manager, and the 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.