Presentation regarding responses to requests for qualification for the Business Park and discussion with the Staubach Company on their qualifications and vision for the Burleson Industrial Park.

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 June 12, 2008, regular session.

B 

Financial Transactions.

Ordinances & Resolutions

 C.

Resolution R-1124-08, providing for the abandonment of State drainage easements, the dedication of drainage easements to the State, and the authorization for the City Manager to execute a contract for maintenance of the dedicated drainage easements and facilities associated with the Burleson Commons development.

D.

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

E.

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

Agreements

 F.

Concession agreement with John Starnes for Concession Operations at Hidden Creek Softball Complex and authorization for the City Manager to execute the agreement.

G.

Agreement with Harvest House for City Support of Little Red Schoolhouse Program.

H.

Change Order No. 1 to the 2007 Old Town Street Project in the amount of $256,197.60 and Change Order No. 1 to the 2008 Neighborhood Street Project in the amount of $223,742.20 and authorization for the City Manager to sign.

I.

Award the bid for the construction of the CR 711 Business Park Gas Pipeline Installation Project and authorize the City Manger to execute the contract and approve change orders not exceeding $5,000.00.

J.

Award the Bid for Lorna/SH 174 SS rehabilitation to Insituform Technologies and authorization for the City Manager to execute the contract and approve change orders not to exceed $18,000.

K.

Inter-local Agreement with the Burleson Independent School District for the lease of 3 three additional lap lanes at the Bartlett Park Recreation Center and authorization for the Mayor to execute the agreement.

L.

Construction Manager at Risk Contract With Dean Electric for the Construction of the Fields at Chisenhall Farms, Bartlett Park Soccer Fields and the Village Creek Trail and authorization for the City Manager to execute the agreement.

Other

 M.

Minute Order MO-08-028, approving City Manager appointment of the Director of Public Works.

N.

Minute Order MO-08-029, approving City Manager appointment of the Director of Community and Economic Development.

O.

Authorize Staff to Transfer Funds for Water Utility Customer Service Area Improvements.

P.

Minute Order MO-08-032, granting a variance to Chapter 14, Article II, Section 14-44 (b) (1) of the Code of Ordinances of the City of Burleson [Ord. No. B-718, Section 11-183], Sale of Alcoholic Beverages near Churches, Public Hospitals, Public or Private Schools in accordance with provision 109.33 (e) of the Texas Alcoholic Beverage Code, for Bransom's Food Market located at 200 E Renfro in Burleson's Old Town area.

Q.

Ordinance B-582 (A0508) amending Chapter 10 Buildings and Building Regulations, of the Burleson Code of Ordinances, by adding Article XVII Fence, Screening and Transitional Buffer Regulations and modifying Ordinance B-726 Landscape Ordinance.  (Case 06-073) (Final Reading)

R.

Minute Order MO-08-031 awarding the 2008 Jerry Allen Award for Excellence in Community Improvement to B & G Commercial Investments for the Renfro Square Development.

2.

 A.

Boards, Commissions, and other Advisory groups.

B.

Presentation of Jerry Allen Award for Excellence in Community Improvement to B & G Commercial Improvements for the Renfro Square Development as addressed in Minute Order MO-08-031. 

C.

Citizen Appearances.

3.

A.

Public Hearing and consideration of a request by EOG Resources, Inc.,  for two (2) gas well drilling permits, known as the Little Buddy Unit 11H and 12H, located north of County Road 711, approximately 1200’ west of IH 35 W.  (Case No. 08-82)

B.

Public Hearing and consideration of a request by XTO Energy for two (2) gas well drilling permits, known as the Holybee Unit B1H and B2H, located west of SH 174, north of S.W. Hulen Street.  (Case No. 08-79)

C.

Public hearing to consider a bid submitted by Chesapeake Energy for the lease of subsurface minerals (natural gas) on 79.6376 acres of city owned property and authorize the City Manager to execute the agreement.

D.

Public hearing regarding a voluntary annexation of approximately 108.6 acres located south of Hidden Creek Parkway west of East Renfro Street. (Case No 08-085) (First Public Hearing)

E.

Public hearing regarding a voluntary annexation of approximately 14.23 acres located south of Hidden Creek Parkway west of East Renfro Street. (Case No 08-084) (First Public Hearing)

4.

     A.

Ordinance C-637-07 (A0608), establishing rates to be charged for all residential and commercial customers for solid waste and trash collection and disposal.  (First Reading)

5.

A. 

No Items at this Time

6.

A. 

No Items at this Time

7.

 A.

Economic Development.

B.

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

C.

Delgado Tire Company Compliance with Zoning

D.

Proposed FY 2008-09 Annual Operating Budget

E.

Creation of a Teen Court

F.

Prioritization of revisions to municipal ordinances

G.

Possible Amendments to the City Charter and the process and schedule for amending the Charter.
 

H.

Legislative Agenda for the upcoming legislative session

I.

Council appointments to Boards, Commissions and Committees.

J.

Various Staff Reports.

8.

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

            (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.
(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.
         

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.