WACO CITY COUNCIL MEETING

TUESDAY, MARCH 3, 2009
3:00 P.M. and 6:00 P.M.

DECORDOVA/ BOSQUE THEATRE
WACO CONVENTION CENTER

The Waco City Council may convene into an Executive Session at anytime during the course of the meeting to discuss appropriate items. Times indicated are estimated.

WORK SESSION
DECORDOVA ROOM
Action
• Review of Business Session Agenda
Reviewed
A. WS-104 Discussion concerning changing the name of Cameron Park East.
Discussed
B. WS-105 Discussion of proposed Downtown Overlay District.
Discussed
C. WS-106 Discussion of revisions to the zoning ordinance dealing with off-premise signs (billboards) and digital signs in the City of Waco and its Extraterritorial Jurisdiction.
Postponed
D. WS-107 Council requests for scheduling of future Agenda Items.
Discussed

EXECUTIVE SESSION
DECORDOVA ROOM

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.
No Action Taken
BUSINESS SESSION
BOSQUE THEATRE
6:00p.m.
PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS

1. SP-108 Special Presentation by Cynthia Simms, Parks and Recreation Department, recognizing our 2008 T.A.A.F. Local Athletes of the Year and the Region 5 Female Athlete of the Year.

Presented
2. SP-109 Special Recognition of University High School Student Council.
Presented

PROCLAMATIONS

3. PRO-110 Proclaim: March 2009 as “National Social Worker’s Month”

Presented
4. MIN-111 Work/Business Session – Tuesday, February 17, 2009
Approved with changes

PUBLIC HEARINGS

5. PH-112 Consider an amendment to Ordinance No. 2008-530, which abandoned a portion of an alley along Peach Street from Elm Avenue to Taylor Avenue, in the City of Waco, McLennan County, Texas to correctly identify the additional adjoining property owner as Eastern Waco Development Corp. FIRST READING

MOTION ON ORDINANCE

Approved
• Hearing of any visitor concerning City business.
 

CONSENT AGENDA

• Consider consent agenda.

Agenda Numbers RES- 113 through RES- 129 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.

Approved by a 6-0 vote

RESOLUTIONS

BIDS/PURCHASES

6. RES-113 Consider approval of a resolution authorizing the City Manager to reject all bids for construction of the Waco Convention Center Renovation & Additions Project.

Approved Consent
7. RES-114 Consider approval of a resolution to award a ten (10) month contract for unleaded fuel to the lowest and best responsible bidder, Brenco Marketing Corp., Bryan, Texas and to authorize the City Manager to spend an amount not to exceed $1,373,747.11 pursuant to this contract in FY2008-09.
Approved Consent
8. RES-115 Consider approval of a resolution awarding the purchase of one crime scene scanner to 3rd Tech, Inc., the lowest responsible bidder, in an amount not to exceed $51,560.00, and authorizing the City Manager to execute any documents necessary in connection therewith.
Approved Consent
9. RES-116 Consider approval of a resolution awarding the purchase of Excess Workers’ Compensation Insurance for City of Waco employees and authorizing the City Manager to execute any necessary agreements for such insurance for a one-year term with Midwest Employers Casualty Company through Roach, Howard, Smith & Baron, Inc., the responsible offerer, for a deposit premium in an amount not to exceed $72,064.00.
Approved Consent
10. RES-117 Consider approval of a resolution awarding a contract to Total Office Solutions, Waco, Texas, under an existing cooperative purchasing agreement with the State of Texas Multiple Award Schedule contract, to purchase furniture at the Operations Center in an amount not to exceed $146,567.11 and authorizing the City Manager to execute any documents needed to complete this transaction.
Approved Consent
11. RES-118 Consider approval of a resolution awarding a bid and authorizing the City Manager to execute a contract with Aquatan Construction Group, located in Midlothian, Texas, to perform pool bowl resurfacing at the Waco Water Park, in an amount not to exceed $95,000.00.
Approved Consent

AGREEMENTS/CONTRACTS

12. RES-119 Consider approval of a resolution renewing a supply contract with New York Clothiers, Waco, Texas, for one (1) additional twelve (12) month term for the purchase of Police Uniforms and authorizing the purchase in an amount not to exceed $45,000.00 during FY2008-09, and authorizing the City Manager to execute any documents necessary in connection therewith

Approved Consent
13. RES-120 Consider approval of a resolution authorizing the City Manager to solicit prices for Natural Gas for the WMARSS Wastewater Treatment Plant beginning October 1, 2009, from providers with whom the City has executed a base contract and execute a confirmation agreement (or agreements) with the Retail Natural Gas Provider selected by the City of Waco for periods within FY 2009-10.
Approved Consent

BUILDINGS / LAND / STREETS / PARKS

14. RES-121 Consider approval of a resolution consenting to the McLennan County Appraisal District’s purchase and renovation or rehabilitation of the office building located at 315 South 26th Street, Waco, Texas at a maximum total price not to exceed $1,800,000.00 and approving financing the acquisition and improvement of this project either by a note and deed of trust or by a lease structure with the final terms of the financing arrangement to be subject to the approval of McCAD.

Approved Consent

GRANTS / SUPPORT

15. RES-122 Consider approval of a resolution authorizing the City Manager to submit an application to the State of Texas Attorney General’s Office for the Other Victim Assistance Grant (OVAG) and to authorize the City Manager to accept the grant, and to furnish additional information and documentation as is deemed necessary for implementation of said program, and matters pertaining thereto.

Approved Consent

BOARDS / COMMISSIONS

16. RES-123 Consider approval of a resolution amending portions of the Waco City Council Boards and Commissions Policy.

Approved Consent

17. RES-124 Consider approval of a resolution casting one vote for reappointment of Larry Groth as a member of the Cooper Foundation Board of Trustees.

Approved Consent

CITY OPERATIONS

18. RES-125 Consider approval of a resolution authorizing the City Manager to pay to the Texas Commission on Environmental Quality (TCEQ) solid waste permit fees for Fiscal Year 2008-2009 (on a quarterly basis) in an annual amount not to exceed $360,000.00 and ratify a payment of $76,088.75 for 1st Quarter payment due February 27, 2009.

Approved Consent

CHANGE ORDERS / AMENDMENTS / CANCELLATIONS

19. RES-126 Consider approval of a resolution amending Resolution No. 2007-385, which authorized the purchase of the Hillcrest Medical Tower and associated parking from Hillcrest Health System, to also authorize the purchase of the adjacent parking garage at a price not to exceed $260,000.00, so that the total purchase price for the Hillcrest Medical Tower, associated parking and adjacent parking garage will not exceed $3,260,000.00, and to authorize the City Manager to negotiate and execute an agreement with Hillcrest Health System, Inc. and/or Hillcrest Baptist Medical Center for the purchase of the tower, associated parking and the adjacent parking garage.

Approved Consent
20. RES-127 Consider approval of a resolution accepting Change Order No. 2 from S. J. Louis, Inc., Mansfield, Texas, for the Hillcrest 36” Water Transmission Main Project in the amount of $159,394.79 and authorizing the City Manager to execute all documents necessary to complete this transaction.
Approved Consent
21. RES-128 Consider approval of a resolution authorizing the City Manager to execute an amended construction contract (Change Order Number 1) with Austin Filter Systems, Inc., Austin, Texas, to include an additional payment of $36,824.00 for a retaining wall, and additional fence at Lover’s Leap and associated items at Cameron Park so that the total amount of the contract shall not exceed $650,815.21.
Approved Consent

ELECTIONS

22. RES-129 Consider approval of a resolution authorizing the City Manager to execute a Joint Election Agreement for the May 9, 2009 General Election with the Bosqueville Independent School District Board of Trustees and the China Spring Independent School District Board of Trustees for the purpose of utilizing joint polling locations for in person Election Day voting.

Approved Consent

ORDINANCES

23. ORD-130 Consider approval of an ordinance to change the Comprehensive Plan land use designation from High Density Residential to Commercial and Office and to rezone from O-2 and C-2 the property described as Lots B2, 3, B7, A9, and B9, Block 23, D.C. Bolinger Tract, known as 500 N. 17th Street and Lots 1 and 2, Block 1, Olson Subdivision, known as 1700 Fort Avenue. (Case #Z-09-2 Houma Dollar Partners) SECOND READING

Approved

COUNCIL REPORTS

24. CR-131 Appointments to various Boards and Commissions subject to meeting qualifications.

Board/Commission
Appointee/Re-Appointee
Historic Landmark Preservation Commission
GiGi Bowie-Green (I)(2010)
Recycling Advisory Committee
Patricia Sappenfield (II) (2010)
Waco Public Improvement District No. One Advisory Board
Roger Copas
Hilton
Waco Transit Advisory Board
Phillip Price (II)(2009)

ADJOURNMENT –   6:29 P.M.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING – MARCH 24, 2009

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY MARCH 25, 2009

 

Approved

ADDENDUM

WACO CITY COUNCIL WORK / BUSINESS SESSION
TUESDAY, MARCH 3, 2009
3:00 P.M. and 6:00 P.M.
WACO CONVENTION CENTER
DECORDOVA/BOSQUE THEATRE

ADDITIONS

1. RES-132 Consider approval of a resolution (a) authorizing the City Manager to accept a formal offer from the U.S. Department of Transportation (DOT) for an Airport Improvement Program (AIP) grant in the amount of $360,385.00 (which includes a local match of $18,019.00), and (b) authorizing the City Manager to execute any other grant documents in connection therewith, and/or furnish additional information/documentation as may be deemed necessary for the implementation of said program.

Approved Consent

DVD copies of either the Work Session or Business Session may be requested from the Municipal Information Department anytime within four months of the meeting date. Citizens should send a check or Money Order for $5.00 to:

City of Waco Videos,
300 Austin Ave
PO Box 2570
Waco, Tx 76702

Please specify the date of the meeting and whether you prefer the Work or Business Session. If you would like both, the cost is $10. The DVD will be produced within three business days and mailed to the address provided. Citizens can come by City Hall to pay and place an order. When orders are placed at City Hall, citizens can request that the DVD be mailed or request a phone call notification when the DVD is ready to be picked up.

To request an audio tape of the meeting, call (254) 750-5750 or e-mail: City Secretary.

It is the opinion of the City Attorney's Office that this meeting is being held and conducted in accordance with Chapter 551 of the Texas Government Code.

Leah Hayes, City Attorney