1.

Presentation of Police Department Strategic Plan by Del Carmen Consulting.

 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 September 25, 2008 regular council session.

B.

Financial Transactions.

Plats

C. 

Preliminary plat of Lot 1, Block 1, Burleson Recreation Center located at 550 Summercrest Boulevard (Case No. 08-109).

Ordinances & Resolutions

 D.

Ordinance D-093-08 amending Ordinance B-582, rezoning Lot 15, Block 12, of the Gardens Addition (624 Maple Avenue) from Single-family 7 zoning district (SF7) to site plan zoning district (SP) (Case No. 08-107).  (Final Reading)

E.

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).  (First Reading)

F.

Joint Resolution R-1135-08 and Agreement, relinquishing a portion of
the City of Burleson Extraterritorial Jurisdiction to the City of Joshua.

           Contracts & Agreements

 G.

Software License and Service Agreement and Software Maintenance Agreement between SunGard Public Sector and the City of Burleson, and authorization for the City Manager to execute.

H.

Minute Order MO-08-046, approving City Council meeting dates for Calendar Year 2009.

I.

Award the annual contract for Printing Services to Bennett Printing & Office Supply, Print Team, Inc., and Marfield Corporate Stationary (ITB 2009-001).

J.

Award the annual contract for Motor Oil & Lube to Felts Heavy Duty Oil (ITB 2009-003).

K.

Award the annual contract for Newsletter Distribution to Nixin Printing, Mailing & So Much More!  (ITB 2009-004).

2.

A.

Boards, Commissions, and other Advisory groups.

B.

Citizen Appearances.

3.

A.

Public Hearing and consideration of replat of Lots 1 and 2, Block 6, Shannon Creek, Phase One, into Lots 1R and 2R, Block 6, Shannon Creek, Phase One  (Case No. 08-113).

B.

Public Hearing and consideration of Ordinance D-094-08 rezoning Lot 11 of Spring Valley Addition (3808 South IH 35W), located within the IH-35 Overlay district, from Agricultural zoning district (A) to Site Plan zoning district (SP) (Case No. 08-102).  (First Reading)

C.

Public Hearing and consideration of a request by Williams Production for a gas well drilling permit for two (2) wells known as the Crouch Dairy Unit 6H and 7H, on an existing pad site located at 610 SW Hulen Street  (Case No. 08-139).

D.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a variance and gas well drilling permit for three (3) gas wells, known as the Burleson Elks Unit 1H, 3H and 5H on a new pad site located at 902 NW John Jones Drive (Case No. 08-119).

E.

Public Hearing and consideration of 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).

F.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) well, known as the Glade Trust Unit 1H, on a new pad site located at 399 NW John Jones Drive    (Case No. 08-138).

G.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for four (4) gas wells known as the Brown Unit 4H, 5H, 6H and 7H, located on an existing pad site at 128 Loy Street (Case No. 08-123).

H.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well known as the Mountain Valley Unit 2H on an existing pad site located at 2225 SW Wilshire Boulevard (Case No. 08-140).

 I.

Public Hearing and consideration of Ordinance B-783-08 adopting a new Subdivision and Development Ordinance. (First Reading)

4.

      A.

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

B.

Ordinance C-650-08, approving an electric power contract with Cities Aggregation Power Project, Inc (CAPP) for electric capacity and energy, providing capacity payments as public property finance contractual obligations of the City. (First Reading)

5.

A. 

Award City of Burleson contract for depository services to First Financial Bank – RFP 2009-002.

6.

A. 

Minute Order MO-08-047, approving the 2008 City of Burleson Board and Commission appointments.

7.

A.

Economic Development

B.

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

C.

Discussion of Various Ordinances

D.

Discussion of BISD High School #2

E.

Various Staff Reports and discussion re future meetings of Council.

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.

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..