1.

Discussion of regulations applicable to Specific Use Permits for Fireworks sales.

2.

Discussion of Site Plan Zoning for redevelopment of SH 174 (Wilshire) Corridor.

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 minutes from the September 14, 2006 regular session.

B.

Financial Transactions.

Ordinances for Final Reading

C.

Ordinance B-758-06, amending Chapter 34, Environment, of the Burleson Code of Ordinances, by amending Article V regarding noise nuisances. (Final Reading) (Case 06-110)

Resolutions

D.

Resolution 1065-06 calling for a joint election with Johnson County for November 7, 2006, and Resolution 1066-06, calling for a joint election with Tarrant County for November 7, 2006.

E.

Resolution 1067-06, correcting the Early Voting polling place for Tarrant County for the special election for November 7, 2006.

Plats

F.

Request approval of a Final Plat of 32 Lots, Blocks 6, 11 & 12, 7.375 acres of West Bend South Addition Phase Three B located south of Summercrest Blvd., east of FM 731 (Case 06-108)

G.

Request approval of a Final Plat of 58 Lots, Blocks 12, 13 & 16, 15.295 acres of West Bend South Addition Phase Five, located south of Summercrest Blvd., east of FM 731. (Case 06-109)

H.

Request approval of a Preliminary Plat for Lot 6R, 4.00 acres of Sparks- Dale Addition, located on the southeast corner of Interstate 35 W and FM 917 . (Case 06-103)

I.

Request approval of a Final Plat of Lots 1 and 2, Block 1, 4.20 acres of Peels Crossing located south of East Bethesda Road and east of Interstate 35W. (Case 06-112)

J.

Request approval of a Final Plat of Lots 1 through 6, Block 1, 4.894 acres of Meadow Crest Addition Section 9 Phase I located northeast of John Jones (FM 731) and southeast of Alsbury Boulevard. (Case 06-105)

2.

A.

Citizen Appearances.

3.

A.

Public Hearing on proposed Verified Response Alarm Ordinance.

4.

A.

Ordinance B-759-06, amending Chapter 30, Article III, Alarm Systems of the City of Burleson Code of Ordinances. (First Reading)

B.

Ordinance C-602-06, revising budget figures for fiscal year 2005-06 and adopting the 2006-2007 Annual Operating Budget. (Final Reading)

C.

Ordinance C-603-06, establishing FY 2006-2007 rates to be charged for Water and Wastewater Service provided by the City of Burleson. (Final Reading)

D.

Ordinance C-604-06, establishing FY 2006-2007 rates to be charged for the hauling and disposal of residential and commercial solid waste and trash within the City of Burleson. (Final Reading)

E.

Ordinance C-605-06, establishing a Class Surcharge Program for FY 2006-2007 for reciprocation of costs for treatment of abnormal sewage discharge contributed by commercial and industrial customers in the City of Burleson wastewater service area. (Final Reading)

F.

Ordinance C-606-06, setting the 2006 ad valorem tax rate. (Final Reading)

G.

Resolution 1068-06 supporting and endorsing joint recommendation of three existing transit authorities concerning regional rail in North Central Texas .

5.

A.

Authorize City Manager to execute a contract with Magee Architects for design of the Interurban Railcar Exhibit.

B.

Renewal of School Resource Officer (SRO) contract.

C.

Renewal of Drug Awareness Resistance Education (D.A.R.E) Officer Contract.

D.

Inter-local Agreement for the Operation of the Stop the Offender Program (S.T.O.P.) Special Crime Unit.

E.

Renewal of personal service contract with Gib Lewis for legislative consulting and authorizing the City Manager to sign.

F.

Personal service contract with Brandon Aghamalian for legislative consulting and authorizing the City Manager to sign.

6.

A.

Adoption of the 2006-2007 City of Burleson Fee Schedule.

B.

Remove from the table and approve replat of Lot 2, Block1 into Lots 2R-1 through 4, Block 1, 7.79 acres of Wolfe Addition located southeast of County Road 1016 and northeast of County Road 916. (Case 06-100)

C.

Discuss and Consider Lease of Mineral Rights on 7-acre Pump Station Property on Shaffstall Road. ( Lot 1, Block 1, Shaffstall Water Tank Edition)

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.