Discussion of policy for the Activation of the Outdoor Warning System and Connect-CTY.

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 May 8, 2008, regular session and the May 13, 2008 special session to canvass election.

B. 

Financial Transactions.

Final Plats

C. 

Final plat of Lot 1, Block 1, Massey Addition located at the end of Betty Lane, east of FM 2280 (Old Betsy Road) in the Extraterritorial Jurisdiction (ETJ).  (Case 08-047)

Ordinances & Resolutions

 D.

Ordinance D-080-07 (A0408) revising the boundary areas of the IH-35 Overlay District to include approximately 1,002 acres within the city limits of the City of Burleson along the IH-35W corridor south of Briar Oaks Road and North of Asher Lane. (Case No 08-060) (Final Reading)

E. 

Resolution R-1123-08, authorizing the City Secretary authority to appoint a specific individual as “acting city secretary”.

Agreements

F. 

Easement and Right-of-Way Use Agreement for a Monument Sign within Burleson Commons proposed within an existing Water and Sewer Line Easement.

Other

 G.

Minute Order MO-08-023 appropriating $160,390 from Equipment Replacement Fund fund balance for the replacement of the transfer station conveyor system, and authorize that amount to be included in the revised budget.

 H.

Minute Order MO-08-022, appointing voting membership of the Mayor’s Youth Council to serve terms commencing June 1, 2008.

2.

A. 

Boards, Commissions, and other Advisory groups.

B.

Citizen Appearances.

3.

A.

Public Hearing and consideration of a request by Devon Energy, for a gas well drilling permit for two (2) gas wells known as the Mayfield Unit 2H and 3H on approximately 300 acres, located on an existing pad site at 1153 Big Horn Drive (Case No. 08-062).

4.

     A.

Ordinance C-549 (A0508), amending the existing gas franchise between the City and Atmos Energy Corporation to provide for a different consideration. (First Reading)

     B.

Resolution R-1125-08, renaming West Bend Park.

5.

A. 

Award the bid for the construction of the 2007 Old Town Street, Storm Drain, and Waterline Construction Project (Phases 1 and 2) project and authorize the City Manger to execute the contract and approve change orders not exceeding $25,000.00.

6.

A. 

Minute Order MO-08-024 establishing a policy for the activation of the Outdoor Emergency Warning System and Connect-CTY.

7.

A.

Economic Development.

B. 

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

C. 

Water / Wastewater Impact Fees Report.

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. 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.

(6)

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

(7)

Valerie Johnson, 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) Consultation with attorney to receive advice regarding alcohol sales permits.

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.