1.

Summary of gas well development inspections.

2.

Discussion of all items on tonight’s meeting.  No action will be taken and each item will be considered during the Regular Session.

3.

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.

4.

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

General

1.

 A.

Minutes of September 11, 2008 regular council session.

 B.

Financial Transactions.

Plats

C. 

Final plat of Lot 1, Block 25, West Bend South Addition, Phase 1-D located along the south side of Summercrest Boulevard and east of FM 731 (Case No. 08-104).

Ordinances & Resolutions

 D.

Ordinance C-645-08, approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement.  (Final Reading)

 E.

Resolution R-1134-08, opening a demand deposit account with JPMorgan Chase for funding of employee Health Reimbursement Accounts.

Contracts & Agreements

F. 

Renew the contract for the Newsletter Printing, ITB 2007-003 with The Imaging Bureau.

G.

Renew the contract for time and material for Electrical Services, ITB 2008-002 with Nema 3 Electric.

H.

Renew Interlocal Agreement with the City of Fort Worth for Burleson's participation at the Environmental Collection Center for Oct. 1, 2008 - September 30, 2009, and authorize the Mayor to execute.

I.

Renew Interlocal Agreement Between City of Burleson and Hill College for Library Services.

J.

License Agreement with Texas Midstream Gas Services to allow installation of a natural gas transmission line across city owned park property located adjacent to the Parnolan Gas Unit.

K.

License Agreement with Texas Midstream Gas Services to allow installation of a natural gas transmission line across city owned park property located adjacent to the Burleson Memorial Cemetery and authorize the City Manager to execute.

L.

Authorize the City Manager to Execute Contracts with Various Vendors for Employee Benefits during FY 2008-2009.

M.

Minute Order MO-08-045 authorizing entry into an agreement with Williams Production Gulf Coast Company, L.P., 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 a gas well drilling permit for four (4) wells, known as the Bransom Unit 2H, 3H, 4H and 5H on an existing pad site located at 3613 County Road 530B.  (Case No. 08-078).

B.

Public Hearing and consideration of a request by Williams Production, for a gas well drilling permit for one well, known as the Burleson Bible Church Unit 3H, located on an existing pad site at 837 E Renfro Street (Case No. 08-120).

C.

Public Hearing and consideration of Changes in the Scope of Projects included in the May 2007 Park and Recreation Capital Improvements Program.

D.

Public Hearing and consideration of Ordinance D-093-08, rezoning Lot 15, Block 12, The Gardens Addition (624 Maple Avenue) from Single-family zoning district (SF7) to site plan zoning district (SP) (Case No. 08-107).  (First Reading)

4.

A.

Ordinance C-632-07(A0908), revising budget figures for fiscal year 2007-08 and adopting the 2008-2009 Annual Operating Budget.  (Final  Reading)

B.

Minute Order MO-08-041, vote to ratify the property tax increase reflected in the 2008-2009 Budget.

C.

Minute Order MO-08-042 adopting the fiscal year 2008-2009 City of Burleson Fee  Schedule.

D.

Ordinance C-633-07(A0908), setting the 2008 ad valorem tax rate at $0.6940.  (Final Reading)

E.

Ordinance C-634-07(B0908), establishing rates to be charged for water and wastewater service in the City of Burleson.  (Final Reading)

F.

Ordinance C-637-07(A0908), establishing rates to be charged for all residential and commercial customers for solid waste and trash collection and disposal. (Final Reading)

G.

Ordinance C-646-08 appointing a Charter Review Committee. (Final Reading)

5.

A. 

No items at this meeting.

6.

 A.

Minute Order MO-08-043, changing the November 13, 2008 regularly scheduled City Council meeting to November 6, 2008.

B.

Minute Order MO-08-044, changing the days of the regularly scheduled City Council meetings from the second and fourth Thursdays to the first and third Mondays.

7.

 A.

Economic Development

B.

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

C.

Discussion of Sign Ordinance

D.

Joshua Boundary Agreement

E.

Discussion of Cities Aggregation Power Project and potential long-term power purchase agreement

F.

Various Staff Reports

G.

Discussion of BISD High School #2

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.

The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas:

1. Pursuant to Sec. 551.071, consultation with its Attorney:  The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code.  This consultation includes, but is not limited to, the following:

(1) Floyd Bartula, et al. vs. City of Burleson, Texas.

(2) Nashville vs. City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

(3) 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.

(4) 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

(5) Dianna Gray, claim against the City of Burleson

(6) Advice concerning boundary agreements with area cities;

(7) Advice concerning Burleson High School #2

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

.