Presentation by Jim Schermbeck regarding pollution from Midlothian cement kilns.

2. 

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

 3.

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.

4.

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

General

1.

 A.

Minutes of the October 9, 2008 regular Council session.

B.

Financial Transactions.

Plats

 C.

Replat of Lots B and C, Block 25, Original Town of Burleson Addition, located along the north side of Johnson Avenue between Renfro Street and Warren Street (Case No. 08-116).

D.

Final plat of Lots 1, 2 and 3, Walters Addition, located along the west side of Winnett Road (CR 522) between Bethesda Road and CR 518 (Case No. 08-121).

Ordinances & Resolutions

 E.

Ordinance D-094-08 amending Ordinance B-582, rezoning Lot 11, Spring Valley Addition (3808 South IH 35W), within the IH35 Overlay district, from Agricultural zoning district (A) to site plan zoning district (SP) (Case No. 08-102).  (Final Reading)

F.

Ordinance A-314-08 disannexing and discontinuing from the corporate limits of the City of Burleson an approximately 72 acre tract of land, situated in the J.S. Huie Survey, Abstract Number 380 (Case No. 08-148).  (Final Reading)

G.

Ordinance B-559 (A1008), amending Chapter 42, “Floods” of the Code of Ordinances of the City of Burleson.  (Final Reading)

H.

Ordinance B-783-08 adopting a new Subdivision and Development Ordinance.  (Final Reading)

I.

Resolution R-1136-08 adopting a new Design Standards Manual.

J.

Resolution R-1137-08 denying Oncor Electric Company's request to increase Transmission and Distribution Rates.

K.

Resolution R-1138-08 authorizing Cities Aggregation Power Project (CAPP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2009.

           Contracts & Agreements

 L.

Professional services contract with Kimley-Horne and Associates, Inc. for a design master plan of Bailey Lake Park, and authorize the City Manager to execute.

M.

Renew the contract for “Bulk Fuel Delivery”, ITB 2007-006 with Martin Eagle Oil Co., Inc.

N.

Award RFP 2008-024 to Advanced Processing & Imaging, Inc for Document Imaging and authorize the City Manager to execute.

2.

A. 

Boards, Commissions, and other Advisory groups.

B.

Citizen Appearances.

3.

A.

Remove from the table, and consider a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well, known as the Armet Dale Street South Unit 1H, on a new pad site located at 646 NE Alsbury Boulevard (Case No. 08-110).

B.

Public Hearing to consider a bid submitted by Chesapeake Exploration, L.L.C., for the lease of subsurface minerals (natural gas) on 20.16 acres of city owned property and authorize the City Manager to execute the agreement.

4.

A.

No items at this meeting

5.

A. 

No items at this meeting

6.

A. 

Minute Order MO-08-048 amending FY 2008-2009 City of Burleson Fee Schedule, pertaining to non-resident library services and fees.

7.

A.

Discussion of BISD High School #2

B.

Police Department Quarterly Report- addressing crime statistics, alarms, and red light cameras.
 

8.

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.

The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas:

1. Pursuant to Sec. 551.071, consultation with its Attorney:  The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code.  This consultation includes, but is not limited to, the following:

1. Floyd Bartula, et al. vs. City of Burleson, Texas.
2. Nashville vs. City of Burleson, Rovin Inc. and Paradigms for Success, Inc.
3. 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.
4. Darren G. Yancy, Sr. and Carol A. Yancy, Individually and as next of friend for et al.  vs. City of Burleson, and Burleson Youth Association
5. Advice concerning boundary agreements with area cities;
6. Advice concerning Burleson High School #2

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. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.
4. 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.
5. Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit
6. 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.
7. Pursuant to Section 418.183(f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.