1.

Report of accidents/fatalities on state numbered highways for the last 12 months.

2.

Budget 2006-2007

3.

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

4.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 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.

5.

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

1.

General

A.

Approve the minutes from the July 27, 2006 regular session.

B.

Financial Transactions.

Ordinances & Resolutions

C.

Approve Ordinance B-755-06, Industrial Waste Ordinance revision. (First Reading)

D.

Approve Resolution 1060-06, providing a funding mechanism for Burleson’s pre-treatment Enforcement Response Plan.

E.

Ordinance C-600-06, relating to access to Public Information as required by the Public Information Act and the administration of the City’s responsibilities under the Public Information Act. (First Reading)

F.

Ordinance D-070-06, rezoning of 203.9 acres from (A) Agricultural and (SF7) Single Family 7 to (PD) Planned Development located north and south of Hidden Creek Parkway and west of the Union Pacific Railroad. (Case 06-085) First Reading.

Plats

G.

Request approval of Final Plat for 163 Lots, Blocks 1-6, 49.696 acres of Mountain Valley Heights Phase II, located west of SH 174 ( Wilshire Boulevard) and south of Lakewood Drive. (Case 06-086)

H.

Request approval of a Commercial Site Plan for Lot 8R, Block 15, Original Town of Burleson, Worley’s Corner, located at the southwest corner of East Ellison and South Dobson, as per the City of Burleson Code of Ordinances Chapter 10, Article XV. (Case 06-049)

I.

Request approval of a Preliminary Plat for Lots 1-3, Block 1, 19.865 acres of Children’s Courtyard Addition, located north of N. W. Renfro Street, east of FM 731. (Case 06-095)

Contracts & Agreements

J.

Consideration of a Pipeline Crossing Agreement with the Union Pacific Railroad Company for construction of improvements associated with the Village Creek Sanitary Sewer Relief Line project, and authorization for the City Manager to execute the agreement.

2.

A.

Citizen Appearances.

3.

A.

No public hearings at this time.

4.

A.

Ordinance D-071-06, approving a Specific Use Permit for a Monopole Communications Tower by the City of Burleson, located at 231 SW Brushy Mound Road (water tower site). (Case 06-094) (First Reading)

B.

Consideration of Ordinance B-756-06, amending Chapter 38, Fire Prevention and Protection, Article V Uniform Fire Code of the Code of Ordinances of the City of Burleson, Texas (2005) to regulate the storage, use, possession or sale of fireworks within 5000 feet of the corporate limits of the city. (First Reading)

C.

Ordinance B-754-06, amending Chapter 34, Environment, of the Burleson Code of Ordinance, by amending Articles I and II in their entirety regarding nuisance codes. (Case 06-070) (Final Reading)

D.

Approval of Ordinance B-757-06 concerning right-of-way infrastructure maintenance. (First Reading)

5.

A.

Roadway Abandonment and Infrastructure Reimbursements to B&G Commercial Investments via Approval of Chapter 380 Agreement for Phases II-IV of the B&G “Renfro Square” development at Renfro and Interstate 35 in Old Town.

6.

A.

Remove from the table and consider approval of a Preliminary Plat for Heritage Village, 23.2 acres, 95 Lots, located south of Warren Street, southeast of Gregory Street. Tabled from July 27, 2006 City Council Meeting (Case 06-058)

B.

Request the abandonment of right-of-way consisting of 0.55 acres, of Scott Street; 0.299 acres of Old Alvarado Road; 0.649 acres of Ellison Street described by Book 3271, Page 0835 Johnson County Deed Records. (Case 06-076) (Continued from 7-27-06 Council Meeting)

C.

Approval of budget adjustments for final payment of promissory note for purchase of property at 130 E. Renfro.

7.

A.

Various department 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, 551.076, 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.

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

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

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

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

(5) City of Burleson Texas vs Tolmay Enterprises Inc.

(6) 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 413 th District Court for Johnson County, Texas

(7) Pedro Munzo vs City of Burleson, Texas

(8) John David McShan, Sr. et al 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.

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

Pursuant to Sec. 551.076, deliberation regarding security devices.

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.

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