1a.

Approve the minutes of the September 22, 2005 regular session of Council.

1b.

Financial transactions.

1c.

Ordinances proposed for final reading.

1. Ordinance D-048, changing the zoning from A Agricultural to C Commercial on 13.61 acres located at 1225 John Jones Drive (FM 731) (Case 05-130)
   
   
2. Ordinance D-049, Specific Use Permit for car rental agency on 0.45 acres located in the 100 block of Elk Drive . (Case 05-132)
   
   
3. Ordinance C-587, adopting and enacting a new code for the City of Burleson, Texas; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code and providing an effective date.
   

1d.

Authorize staff to return unused street paving trust fund escrow and construction guarantee funds to depositors.

1e.

Case 05-101 – Preliminary Plat of Lot 1, Block 1, Aaron Rents Addition, 1.2078 acres located on Wilshire Blvd (SH 174) north of Hidden Creek Parkway.

1f.

Case 05-129 – Preliminary Plat of Lot 1, Block 1, Cedar Plaza Addition, 3.118 acres located on the south side of Renfro Drive east of S. Crowley Rd (FM 731).

2a.

Presentation by the Burleson Heritage Foundation.

2b.

Citizen Appearances.

(Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and City Council members are prevented from discussing the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing.)

3a.

Public hearing regarding Charter Communications cable franchise renewal.

This is the continuation of a public hearing held pursuan t t o notice on the request by Charter Communications to renew its franchise to provide cable service in the City of Burleson . It is intended to offer citizens the opportunity to comment on:

• Charter Communications' performance under the current franchise and
• The future cable-related needs of the community.

We will now receive comments or documents from members of the public on these matters.

4a.

Ordinance C-588, repealing the property tax exemption for the residential homesteads of disabled individuals or individuals 65 years of age or older, and providing an effective date contingent upon approval of tax freeze at a special election to be held on November 8, 2005. (First reading)

5a.

Direction from Council concerning the preparation of a tree conservation ordinance.

6a.

Award the bid for the I35W/Renfro Road waterline relocation project and authorize the City Manager to execute the contract and approve change orders up to 25% of the Contract amount.

6b.

Approval of Change Order No. 2 to the Hidden Creek Parkway project and authorize the City Manager to execute the change order.

6c.

Engineering Services Contract with HDR Engineering, Inc. for the design of the 2005 Miscellaneous Drainage Projects and authorizing the City Manager to execute the contract.

7a.

Resolution 1029, approving Cities Aggregation Power Project's letter of intent to enter into negotiations for a capacity contract with the owner of coal (including Texas lignite) generation to supply the base load electric power needs (approximately 55%-60% of total energy needs) for CAPP members over a 10-year period.

7b.

Monthly Financial Report for August 2005.

8a.

Resolution 1030, affirming the nomination(s) for the Board of Directors for the Central Appraisal District of Johnson County , Texas.

9a.

Non-agenda council 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.)

10a.

Non-agenda staff comments.

(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.)

11a.

Pursuant to Sec. 551.071 of the Texas Government Code, the city council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law. In addition the Council will convene in executive session to discuss the following:

(A) pending or contemplated litigation including but not limited to the following:

(1) City of Burleson vs. Club Mark Corporation.

(2) Floyd Bartula, et al. V. City of Burleson , Texas

(3) City of Burleson , Texas and City of Cleburne , Texas v. City of Joshua , Texas

(4) AT&T Fiber Optic Cable Litigation, US District Court, Southern District of Indiana.

(5) Andrea Conzoneri-Kyle vs. City of Burleson , Texas .

(B) a settlement offer;

(C) 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.

11b.

Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease or sale of real property for future expansion of certain programs and services.

11c.

Pursuant to Sec. 551.074, personnel matters related to the City Manager's and City Secretary's evaluations and possible public safety employee reassignment.

11d.

Pursuant to Sec. 551.076, deliberation regarding security devices.

11e.

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 a financial or other incentive to a business prospect described in (1) above.

11f.

Pursuant to Section 418.183(f) of the Texas Government Code ( Texas Disaster Act) regarding critical infrastructure.

11g.

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