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 22, 2008, regular session.

B. 

Financial Transactions.

Final Plats

 C.

Final plat of Lot 9, Block 1, Burleson Commons located on the south corner of the SW Wilshire Boulevard (SH 174) and John Jones Drive (FM 731) intersection.  (Case 08-056)

D.

Replat of Lot 1, Block 1 and Final plat of Lot 2, Block 1, Joshua School Addition located on the west side of FM 1902 and north of FM 917. (Case 08-057)

E.

Replat of Phase 1, Lot 1, Block 15, into Lots 1R & 2R, Block 15, Cedar Ridge Addition located on the south corner of the SW Alsbury Boulevard and Summercrest Boulevard intersection.  (Case 08-053)

Ordinances & Resolutions

 F.

Ordinance B-781-08, establishing a school zone on West Bend Boulevard from Hearthstone Drive to Summercrest Boulevard. (First  Reading)

G.

Resolution R-1016 (A0608), renewing existing cooperation agreement between the City of Burleson and Tarrant County’s Community Development Block Grant Program, and approving a minor technical change as requested by the Texas Department of Housing and Urban Development (HUD).

Agreements

H. 

Award the bid for the 2008 Mill and Overlay program to Premium Paving, LTD.  (ITB 2008-022)

I.

Award the bid for the 2008 Micro Surface Program to Ballou Construction Co., Inc. (ITB 2008-023)

J.

MO-08-027 Authorizing entry into an agreement with Production Company L.P. (“Devon”) for the sale of non-potable water from Bailey Lake and authorization for the City Manager to execute the contract.

2.

A. 

Boards, Commissions, and other Advisory groups.

B.

Citizen Appearances.

3.

A.

Public Hearing and consideration of a request by Williams Production, for four (4) gas well drilling permits, known as the Burleson Bible Church Unit 1H and 2H  and the Forest Ridge Unit 1H and 2H, located approximately 600’ north and 300’ east of the intersection of E. Renfro St. and Hurst Road (Case Nos. 08-77).

B.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for two (2) gas wells known as the Brown Unit 2H and 3H on 198.26 acres, located on an existing pad site at 128 Loy Street (Case No. 08-65).

C.

Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for three (3) gas wells known as the Tantarra Unit 3H, 4H and 5H, located on an existing pad site at 1993 SW Hulen Street (Case No. 08-67).

4.

     A.

Ordinance D-087-08 rezoning 19.67 acres from (SF7) Single Family 7 to (PD) Planned Development zoning district located along the west side of future Hemphill Street, south of NE Alsbury Boulevard. (Case No 07-131) (Final Reading)

5.

A. 

MO-08-025 to approve entry into an annual agreement with the City of Cleburne to utilize Cleburne's Transfer Station during scheduled and emergency down times at the Burleson Transfer Station and authorizing the City Manager to sign.

B.

MO-08-026 awarding the bid for the construction of the MIGG Phase 3 (Irene St.) project and authorizing the City Manager to execute the contract and approve change orders not exceeding $25,000.00.

6.

 A.

Consideration of a Request by the Developer of Burleson Commons for the Removal of the Proposed Detention/Retention Ponds from the Development Agreement.

B.

Discuss Potential Voluntary Annexations and Annexation Timeline.

7.

 A.

Economic Development.

B.

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

C.

Ordinance Revisions

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.

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

(6) 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.

1. (A) Pursuant to  Sec. 551.071, pending or contemplated litigation including but not limited to the following:

(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.
(3) Consultation with attorney to receive advice regarding dispute resolution procedures in regard to letter agreements and engagements letters.
(4) Consultation with attorney to receive advice regarding demands for payment for non-executive mineral lease for bonus and delay payments made to City of Burleson.