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.

PROCLAMATIONS

1. PRO-371 Proclamation for the City of Waco Police Department.

MINUTES

2. MIN-372 Work/Business Session – Tuesday, July 7, 2009

PUBLIC HEARINGS

3. PH-373 Conduct a public hearing on a resolution to grant a Special Permit to Alfonso Luna for a Personal Service Shop in an M-2 District on property located at 1620 Webster and described as Lots 13, A14, B14, A15, A16, and H, Block 2, J.V. Smith. (Case #Z-09-16 – Alfonso Luna)

PC RECOMMENDATION: 7 – 0 Approval

STAFF RECOMMENDATION: Approval

MOTION ON RESOLUTION

4. PH-374 Conduct a public hearing on a resolution to grant a renewal of a Special Permit to Waco Habitat for Humanity, Inc. for a Contractor’s Shop in a C-3 District on property located at 218 – 220 N. 11th Street and described as Lots 1, 2, and 3, Block 3, Farm Lot 19. (Case #Z-09-15 – Waco Habitat for Humanity, Inc.)

PC RECOMMENDATION: 7 – 0 Approval

STAFF RECOMMENDATION: Approval

MOTION ON RESOLUTION

5. PH-375 Conduct a public hearing on an ordinance amending Section 28-906(4) of Chapter 28 Zoning of the Code of Ordinances for the City of Waco to clarify the measurement requirement for the placement of carports to be taken from the rear lot line instead of the alley line. FIRST READING

PC RECOMMENDATION: 7 – 0 Approval

STAFF RECOMMENDATION: Approval

MOTION ON ORDINANCE

6. PH-376 Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from Low Density Residential to Commercial and Office on property described as 2.820 and 1.599 acre tracts out of Lot 4, Block 1, D. Donaldson Addition and to rezone the 2.820 acre tract from R-1B to C-2; and to rezone the 1.599 acre tract from R-1B to O-2; and to rezone the property described as Lot 3, Block A, Snap-EE Two Addition from C-3 to C-2, located at the northeast corner of Steinbeck Bend Road and China Spring Road (Case #Z-09-17 Tri Tel, Inc.) FIRST READING

PC RECOMMENDATION: 7 – 0 Approval

STAFF RECOMMENDATION: Approval

MOTION ON ORDINANCE

7. PH-377 Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from Low Density Residential to Commercial and Office on property described as Lot 6, Block 19, Higginson Addition, known as 1926 Park, and to rezone said property from R-1B to C-2 (Case #Z-09-18 George’s I Ltd. d/b/a George’s Restaurant) FIRST READING

PC RECOMMENDATION: 7 – 0 Approval

STAFF RECOMMENDATION: Disapproval

MOTION ON ORDINANCE

8. PH-378 Conduct a public hearing on an ordinance to update the Project/Financing Plan for Reinvestment Zone Number One for Tax Increment Financing to provide for the expenditure of TIF funds for the following public improvement projects: (1) $550,000.00 (08/09) at A.J. Moore Academy, 500 N. University Parks Dr.; and (2) $243,241.00 at Wells Fargo Bank, 300 Franklin Ave. FIRST READING

TIF RECOMMENDATION: (1) Approved 7 – 0 with 1 recusal
(2) Approved 8 - 0

STAFF RECOMMENDATION: Approval of both

MOTION ON ORDINANCE

1) Approved 4-0 vote

2) Approved 6-0

CONSENT AGENDA

• Consider consent agenda.

Agenda Numbers RES- 379 through RES- 392 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

9. RES-379 Consider approval of a resolution to increase funding for the City Manager to purchase automotive lubricants in FY2008-09 under an existing supply contract by $45,000.00 so that the total authorized for FY2008-09 is $197,250.00.

AGREEMENTS / CONTRACTS

10. RES-380 Consider approval of a resolution (1) authorizing the City Manager to execute a professional services contract with James A. McBride, II of Katy, Texas for architectural design and engineering services for the Tobin and Anne Armstrong Texas Ranger Research Center at the Texas Ranger Hall of Fame and Museum, (2) accepting as a donation from James A. McBride, II in conjunction with the Texas Historical Foundation of Austin, Texas, the value of architectural design and engineering services in an amount of about $70,000.00, and (3) authorizing the City Manager pay James A. McBride, II for certain services and reimbursable expenses in an amount not exceeding $30,000.00.

BOARDS / COMMISSIONS

12. RES-382 Consider approval of a resolution reorganizing the Texas Ranger Hall of Fame and Museum Advisory Committee, Texas Ranger Hall of Fame and Museum Development Committee, and Texas Ranger Heritage Laureates into a single Texas Ranger Hall of Fame and Museum Advisory Board to better fulfill the mission of this board.

BUDGET / CERTIFICATES OF OBLIGATION / BONDS

14. RES-384 Consider approval of a resolution setting a public hearing for August 18, 2009, at 6:00 p.m. to receive comments concerning the proposed Operating Budget and Capital Improvement Program for the City of Waco Fiscal Year 2009 – 2010.

CITY OPERATIONS

17. RES-387 Consider approval of a resolution authorizing the City Manager to submit an application to the Texas Municipal League Risk Pool for annual renewal of Liability and Property Coverage for a cost not to exceed $827,156.00 in order to protect the assets of the City of Waco from October 1, 2009 through September 30, 2010.

HOUSING / HOMES

18. RES-388 Consider approval of a resolution approving the assignment of residential tax abatement rights and benefits of Edanbra Development Corporation to Andrea Lynn Bergstad for property located at 2313 Los Arboles, Lot 19, Block 2, of the Woods on Kendrick Lane Addition in the City of Waco.

BUILDINGS / LAND / STREETS / PARKS

21. RES-391 Consider approval of a resolution authorizing the City Manager to negotiate and purchase construction and permanent easements and Right of Way for thirteen (13) separate tracts of real property running along Bull Hide Creek and MKT Railroad from Cooksey Lane to Pilgrim Lane for the construction of a wastewater interceptor and authorizing the City Manager to execute all documents necessary to complete these transactions in an aggregate amount not to exceed $90,410.00 or proceed with condemnation as necessary.

ORDINANCES

23. ORD-393 Consider approval of an ordinance amending Section 13-119 (c) of Article II “Amusements” in Chapter 13 “Licenses, Permits and Business Regulations” of the Code of Ordinances of the City of Waco, McLennan County, Texas SECOND READING