Discussion of projects and financing strategies for upcoming debt issuance.

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.

Minutes from the February 12, 2008, regular session and the minutes from the February 21, 2008, special session.

B. 

Financial transactions.

Ordinances

C.

Ordinance B-779-08, designating CB-MSD-0001, prohibiting the use of groundwater for potable and irrigation purposes on 1.3619 acres located at the southeast corner of W. Renfro Street and SH 174. (Final Reading)

D. 

Ordinance B-780-08, establishing a school zone on McAlister Road from 500 feet west of Hemphill Road to 60 feet west of Park Meadow Lane. (First Reading)

Plats

E. 

Final plat of 5 lots, 6.38 acres of Antonio’s Vistas located on the west side of South Fox Lane south of East Renfro Street. (Case 08-001)

Agreements

F. 

Amendment to Economic Development Incentive (380) Agreement with Burleson Commons, L.P. for the Burleson Commons Retail Development and authorize the City Manager to execute.

2.

A. 

Citizen Appearances.

3.

 A.

Public hearing and consideration of the preliminary plat of 117 lots, 160.63 acres of Sherwood Forest Estates, and the consideration of a waiver from Section 8.2.G of the Burleson Design Standards Manual regarding street standards for the maximum length of a cul-de-sac for Sherwood Forest Estates located south of FM 917 and west of CR 810 in the ETJ. (Case 07-088) 

B. 

Public Hearing and consideration of Ordinance D-088-08 rezoning from (SF7) Single Family 7 to (GR) General Retail zoning district for 1.02 acres located at 461 S. Dobson Street along the east side of Dobson Street and north of Hidden Creek Pkwy. (Case No 08-002)(First Reading)

C.

Public Hearing and consideration of Ordinance D-089-08 a request for a (SUP) Specific Use Permit for automobile sales in (C) Commercial zoning district, within the Interstate 35 Overlay district for 10.0864 acres in Lot 1, Block 1, Oak Creek Village located along the east side of Interstate 35W and north of  E. Renfro Street. (Case No. 08-005)(First Reading)

D. 

Public Hearing and consideration of a request of Devon Energy for a gas well permit known as the Joseph Thomas 3H Unit on an existing pad site and lease area of approximately 161 acres located 1100 feet west of FM 1902, and 200 feet south of CR 913.  (Case No. 08-012)

E. 

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for five (5) gas well drilling permits, known as the Parnolan Units 1H, 2H, 3H, 4H and 5H on 304.17 acres, located approximately 1500’ southwest of the intersection F.M. 731 and SW Hillside Drive. 
(Case Nos. 08-017, 08-018, 08-019, 08-020 and 08-021)

4.

A. 

Resolution 791(A0208), amending Resolution 791, Design Standards Manual, modifying Section 11 (Franchise Utility Installation) to require that utilities within the Transit Oriented Development District be placed underground.

B

Resolution R-1114-08, directing the publication of notice of intention to issue certificates of obligation, series 2008; and providing an effective date.

5.

A. 

License Agreement with Southwestern Gas Pipeline to construct and operate a gas pipeline on property owned by the City.

6.

 A.

Change Order No. 2 to the Village Creek Sanitary Sewer Relief Line project in the amount of $188,845.25 and authorize the City Manager to execute.

 B.

Minute Order MO-08-018, approving an amendment to the City of Burleson’s Statement of Financial Policies (Council Policy 32).

7.

A. 

Economic Development.

B. 

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

C. 

Boundary Agreements with Area Cities.

D. 

Amicus Brief Supporting the State of Texas in State v Central Expressway Sign Associates.

E. 

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. Nashville vs. City of Burleson, Rovin Inc. and Paradigms for Success, Inc.
4. 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.
5. John David McShan, Sr. et al vs. City of Burleson, Texas
6. Florence Corbin, 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. 551.073, 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 security devices.

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.