General

1.

 A.

Minutes from the December 13, 2007 regular session.

 B.

Financial transactions.

Ordinances

 C.

Ordinance C-639-07, abandoning a 30’ roadway and utility easement and retaining it as a private access and public utility easement.
(Final Reading)

 D.

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. (Final Reading)

 E.

Ordinance B-776-08, establishing a speed limit of 35 miles per hour on Houston Road from Renfro Street east to the City Limits. (First Reading)

 F.

Ordinance B-777-08, establishing a speed limit of 40 miles per hour on Hidden Vistas Boulevard from Hidden Creek Parkway to Landmark Drive. (First Reading)

Contracts & Agreements

G. 

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

H.

Lease Purchase Agreement with Chase Equipment Leasing, Inc. for the purchase of Solid Waste equipment for a lease term of seven years.

Plats

 I.

Preliminary Plat of 3 lots, 5.89 acres of Rapfogel Addition located along the east side of SW Wilshire Boulevard (SH 174) and north of Miles Avenue. (Case 07-130)

 J.

Preliminary Plat of 86 single-family lots, 2 reserved lots and 1 open space lot, 24.88 acres of Cooper Valley located south of FM 917 and east of SH 174 in the ETJ. (Case 07-132)

 K.

Final Plat of 52 single-family lots and 2 reserved lots, 13.22 acres of Cooper Valley, Phase 2-B1 Addition located south of FM 917 and east of SH 174 in the ETJ. (Case 07-133)

 L.

Final Plat of 27 lots, 32.74 acres of Hidden Vistas, Phase 3 located south of Hidden Creek Parkway and West of Union Pacific Railroad. (Case 07-127)

Other

 M.

Award the bid for conveyor system and hopper replacement to Mayfran Inc. (ITB 2008-006)

 N.

Award the bid for exterior paint of Mountain Valley 0.3 MG ground storage tank to Corrosion Eliminators, Inc. (ITB 2008-011)

 O.

Award the bid for pipe and appurtenances for the Water/Wastewater Division to HD Supply Water Works LTD. (ITB 2008-009)

2.

A.

Presentation by Burleson High School Green Club.

B. 

Citizen Appearances.

3.

 A.

Public Hearing and request the approval of a Replat of lot 6, Block 1, 2.24 acres of Burleson Oaks Estates into lot 6RA and 6RB located in the ETJ along the west side of Burleson Oaks Drive south of FM 917. (Case 07-126)

 B.

Public Hearing and consideration of Ordinance D-087-08 rezoning 19.67 acres from (SF7) Single Family 7 to (MF2) Multiple Family 2 zoning district located along the west side of future Hemphill Street and south of N.E. Alsbury Boulevard. (Case No 07-131) (First Reading)

C. 

Public Hearing and consideration of Minute Order MO 08-012 regarding the City’s Storm Water Management Program.

4.

A. 

Ordinance A-308-07, annexation of approximately 9.65 acres of land located east of SH 174 (SW Wilshire Boulevard) and along Wicker Way and Wildwood Ln.  (Case No. 07-105) (Final Reading)

B.

Ordinance A-309-07, annexation of approximately 172.56 acres of land located between the southeast corner of East Renfro Street and Fox Lane and the southwest corner of East Renfro Street and Hidden Creek Parkway. (Case No. 07-106) (Final Reading)

C.

Ordinance A-310-07, annexation of approximately 1.03 acres of land located at 1280 Hidden Creek Parkway. (Case No. 07-107)
(Final Reading)

D.

Ordinance A-311-07, annexation of approximately 1,227.18 acres of land located along Interstate 35W, south of Bethesda Road, east of Briar Oaks Road, north of Asher Road. (Case No. 07-108) (Final Reading)

E.

Resolution R-1109-08, authorizing the City Manager to execute Chapter 43 Texas Local Government Code Development Agreements with certain property owners within proposed annexation areas.

F.

Resolution R-1110-08, declaring a moratorium effective immediately upon passage and expiring at 5:01 p.m., January 31, 2009, on the enforcement of any city ordinances or codes prohibiting the storage or retail or wholesale sale of fireworks on property annexed into the city of Burleson on January 10, 2008, by Ordinance No. A-311-07.

G.

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

H. 

Remove from the table 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) (Final 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.

Report on updated Personnel Policies.

D.

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, 551.073, 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) D. Scheffel (Burleson) v. L. Bloom

(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.