Refund to Taco Bell for overpayment of water/wastewater bill.

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 March 27, 2008, regular session.

B.

Financial Transactions.

Resolutions and Ordinances

 C.

Ordinance B-745 (A0308), amending Ordinance B-745 and Chapter 66 of the Burleson Code of Ordinances concerning the sale of Secondhand Goods. (final reading)

D.

Ordinance B-558 (A0308), amending Ordinance B-558 and Chapter 78 Section 41 of the Burleson Code of Ordinances, concerning maximum parking times of recreational vehicles and trailers on residential streets and rights-of-way. (final reading)

Other Items for Consideration

E. 

Refund to Taco Bell for overpayment of water/wastewater bill.

2.

A. 

Insurance rebate funds from Texas Municipal League.  

B.

Boards, Commissions, and other Advisory groups.

C.

Citizen Appearances.

3.

 A.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for three (3) gas wells on an existing pad site, known as the Panchasarp A Unit 1H, 2H and 3H on 202.68 acres, located at 933 Wicker Hill Road, west of SH 174 (Case No. 08-44).

B.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for one (1) gas well drilling permit on an existing pad site, known as the Finley Unit 2H on 109.77 acres, located at 491 Wicker Way, approximately 3700’ southeast of the intersection of Wildwood Lane and SH 174.  (Case No. 08-48).

C.

Public Hearing and consideration of a request by XTO Energy, Inc., for a gas well drilling permit for three (3) gas wells on an existing pad site, known as the Warren Unit 3H, 4H and 5H on 352.00 acres, located at 330 W. County Road 714, (Case No. 08-45).

D.

Public hearing and consideration of the replat of Lot 1, Block 1, Brown’s Retreat, 5.79 acres, into lots 1-R, 2-R, and 3-R located in the Extraterritorial Jurisdiction (ETJ) at the northeast corner of East FM 917 and County Road 600.  (Case 08-015)

4.

A.

No items at this time.

5.

A. 

Construction Management at Risk Contract for the Bartlett Park Recreation Center, Part One.

B.

Lease of subsurface minerals (natural gas) of approximately 20.102 acres of formerly owned city property from the Seth M. Blair Survey Abstract No A-66;  W.R. Shannon Survey A-85; Joshua Minett Survey A-548, David Loftin Survey A-507; J.H. Ross Survey A-721, Johnson County, Texas.

6.

A. 

Presentation of the annual audit for the fiscal year ended September 30, 2007.

7.

 A.

Economic Development.

B.

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

C.

Staff report of draft RFQ for Hotel/Conference Center and Mixed Use Development

D.

Staff report on Annexation and Development Agreements

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. vs. 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. 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 (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.