Notice is hereby given that the City Council will go into Executive Session in accordance with the following provisions of the Tax Code: Sec. 321.3022 to receive information or question employees or third parties regarding information received from the comptroller relating to sales taxes; and the Government Code: Sec. 551.071(1)(A) pending or contemplated litigation; 551.071(1)(B) a settlement offer; Sec. 551.071(2) an attorney-client privilege/relationship; Sec. 551.072 the purchase, exchange, lease, or value of real property; Sec. 551.073 a gift and/or donation; 551.074(a)(1) the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a city officer or employee including City Council Members, the City Manager, City Secretary, City Attorney, and Municipal Judge; Sec. 551.074 (a)(2) to hear a complaint or charge against a city officer or employee; and Sec. 551.076 the deployment or specific occasions for implementation of security personnel or devices; 551.087(1) to discuss commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the City of Waco with which the City is conducting economic development negotiations; Sec. 551.087(2) to discuss the offer of a financial or other incentive to a business prospect that the City seeks to have locate, stay, or expand in or near the City of Waco; Sec. 551.088 to discuss a test item or information related to a test item.

The City Council may go into Executive Session on any item listed on the Agenda in accordance with Chapter 551 of the Government Code.

MINUTES

1. MIN-313 Work/Business Session – Tuesday, June 2, 2009

PUBLIC HEARINGS

2. PH-314 Conduct a public hearing concerning the disclosure of the family relationship between Patricia Johnson, an applicant for a New HOME Acquisition Loan in an amount up to $20,000.00, and a City employee, Eddie Lee Long, for the purchase of a home located at 1009 Preston Street, Waco, Texas, funded by the U.S. Department of Housing and Urban Development HOME Investment Partnership Program.

NO COUNCIL ACTION REQUIRED

3. PH-315 Conduct a public hearing to receive comments on the 2009 / 2013 Five Year Consolidated Plan and 2009 / 2010 Annual Action Plan prior to submission to the U.S. Department of Housing and Urban Development.

NO COUNCIL ACTION REQUIRED

4. PH-316 Conduct a public hearing on a resolution approving the Final Planned Unit Development Plan for property located at 4820 Hillcrest Drive and described as Lots 2 and 3, Block 1, McCracken Addition. (Case #Z-09-12 – Alford Construction, Inc. d/b/a The Alford Co.).

PC RECOMMENDATION: 9 – 0 Approval

STAFF RECOMMENDATION: Approval

MOTION ON RESOLUTION

5. PH-317 Conduct a public hearing on an ordinance to amend the concept plan for a Planned Unit Development (PUD) on the property described as The Saddle Creek Development consisting of 45.6 acres, more or less, out of the James Lane Survey, located in the 10,000 Block of China Spring Road. (Case #Z-09-14 Thomas Parnell McNamara, Jr.) FIRST READING

PC RECOMMENDATION: 9 – 0 Approval

STAFF RECOMMENDATION: Approval

MOTION ON ORDINANCE

6. PH-318 Conduct a public hearing on an ordinance amending certain sections of Chapter 28 “Zoning” Article VIII. “Signs” of the Code of Ordinances for the City of Waco that regulate Off-premise Signs (Billboards) and Digital Signs in the City of Waco and its Extraterritorial Jurisdiction (ETJ). FIRST READING

MOTION ON ORDINANCE

7. PH-319 Conduct a public hearing on an ordinance amending Division 23 – Brazos River Corridor District of Chapter 28 Zoning of the Code of Ordinances for the City of Waco to revise the boundaries of the District to remove properties for inclusion in the Downtown Overlay District. FIRST READING

PC RECOMMENDATION: 7 – 2 Approval

STAFF RECOMMENDATION: Approval

MOTION ON ORDINANCE

8. PH-320 Conduct a public hearing on an ordinance amending Division 27 – West End District of Chapter 28 Zoning of the Code of Ordinances for the City of Waco to revise the boundaries of the District to remove properties for inclusion in the Downtown Overlay District. FIRST READING

MOTION ON ORDINANCE

9. PH-321 Conduct a public hearing on an ordinance amendment to Chapter 28 Zoning of the Code of Ordinances for the City of Waco creating a downtown district and all accompanying regulating sections of the overlay district. FIRST READING

MOTION ON ORDINANCE

10. PH-322 Conduct a public hearing concerning the appeal of the denial of a dance hall license to Minnie P. Thomas for the premises located at 901 E. Johnson Street.

STAFF RECOMMENDATION: UPHOLD DENIAL

MOTION ON RESOLUTION

CONSENT AGENDA

• Consider consent agenda.

Agenda Numbers RES- 323 through RES- 340 require no formal public hearing and are subject to being approved in a single motion. However, any City Council Member or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually.

RESOLUTIONS

BIDS / PURCHASES

11. RES-323 Consider approval of a resolution authorizing the City Manager to reject all bids from vendors for RFB 2009-034, Liquid Oxygen Equipment Lease and LOX Supply Contract for the DAF (Dissolved Air Flotation) Facility.

AGREEMENTS / CONTRACTS

17. RES-329 Consider approval of a resolution authorizing the City Manager to renew a contract with Blue Cross Blue Shield of Texas, Dallas, Texas, for an additional one-year term, for the purpose of providing third party administrative (TPA) services and individual and aggregate stop loss coverage for a self-funded health and prescription insurance plan in an amount not to exceed $950,500.00 for FY 2009-10, and authorizing the City Manager to execute any other documents necessary in connection therewith.

Approved Consent

ECONOMIC DEVELOPMENT

23. RES-335 Consider approval of a resolution authorizing the amendment to an existing Development and Tax Abatement Agreement with Trivan Truck Body (Texas), LLC to change the term of the agreement from January 1, 2008 – December 31, 2012 to January 1, 2009 – December 31, 2013, and authorizing the City Manager to execute the necessary documents in connection therewith.

GRANTS / SUPPORT

24. RES-336 Consider approval of a resolution authorizing the City Manager to execute and submit an application to the Bulletproof Vest Partnership Program of the U.S. Department of Justice, Bureau of Justice Assistance, for reimbursement of up to fifty percent of the cost of bulletproof vests to be purchased by the Waco Police Department, and authorizing the City Manager to execute any documents in connection therewith, and/or furnish additional information/documentation as may be deemed necessary for the implementation of said program, and matters related thereto

WATER / SEWER

26. RES-338 Consider approval of a resolution authorizing compensation for an easement on the Waco Drive Water Realignment Project in the amount of 775.00 for a total compensation of $2,125.00.

CHANGE ORDERS / AMENDMENTS / CANCELLATIONS

27. RES-339 Consider approval of a resolution amending Resolution No. 2008-414 (as previously amended by Resolution No. 2009-035 and 2009-291) to increase the expenditure for professional services (engineering and planning) from Reynolds, Smith & Hill, Inc by $30,000 to cover the fees associated with the preparation of an application to the Federal Aviation Administration to collect Passenger Facility Charges so that the total fee FY2008-09 will not exceed $2,546,263.81.

HOUSING / HOMES

28. RES-340 Consider approval of a resolution requesting the Texas Department of Housing and Community Affairs (TDHCA) award the City’s allocation from the Department of Energy (DOE) Weatherization Assistance Program (WAP) to the Economic Opportunities Advancement Corporation (EOAC), who is the existing subrecipient organization in the area.

COUNCIL REPORTS

29. CR-341 Appointments to various Boards and Commissions subject to meeting qualifications.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING – JULY 7, 2009.

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY JULY 8, 2009.