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.

SPECIAL PRESENTATIONS

1. SP-137 Presentation to Waco Police Department by U.S. Secret Service Agent Doug Roberts.

PROCLAMATIONS

2. PRO-138 Proclaim: March 24, 2009 as “Waco’s Top Young Artist Day”

3. MIN-139 Work/Business Session – Tuesday, March 3, 2009

PUBLIC HEARINGS

4. PH-140 Conduct a public hearing concerning Pablo and Lilly Olivarez who has been approved to receive a rehabilitation loan in an amount not to exceed $25,000.00 for repairs to the home located at 2522 Summer Street, Waco, TX, funded by the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) and who are the grandparents of Marcus Davilla, an employee of the City of Waco, Housing Department.

6. PH-142 Conduct a public hearing on a resolution to disapprove until all platting requirements are met by the applicants the following subdivision plats, as recommended by the City Plan Commission: (1) Final Plat of the J.H. Hines Elementary Addition, Lots 2 & 3, Block 1: (2) ETJ-Preliminary Plat of the Ramco Addition; and (3) Final Plat of the Costa Esmeralda Addition, Lot 1, Block 1.

PC RECOMMENDATION: 9 – 0 DISAPPROVE UNTIL ALL PLATTING REQUIREMENTS ARE MET.

STAFF RECOMMENDATION: DISAPPROVE

MOTION ON RESOLUTION

7. PH-143 Conduct a public hearing on a resolution to grant a Special Permit to Hunter-Mankins, LLP for Auto Sales in an M-2 District on property located at 1440 W. Loop 340 and described as 8.487 and 6.413 acre lots out of the T.J. Chambers Survey, Abstract No. 7. (Case #Z-09-6 – Bush Construction Services, Inc.).

PC RECOMMENDATION: 9 – 0 APPROVAL

STAFF RECOMMENDATION: APPROVAL

MOTION ON RESOLUTION

8. PH-144 Conduct a public hearing on an ordinance to abandon a 20 ft. wide alley from S. 3rd Street to S. 4th Street and between Franklin Avenue and Mary Avenue, in the City of Waco, McLennan County, Texas. FIRST READING

PC RECOMMENDATION: 9 – 0 APPROVAL

STAFF RECOMMENDATION: APPROVAL

MOTION ON ORDINANCE

9. PH-145 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 overlay district and all accompanying regulating sections of the overlay district. FIRST READING.

PC RECOMMENDATION: 9 – 0 APPROVAL

STAFF RECOMMENDATION: APPROVAL

MOTION ON ORDINANCE

10. PH-146 Conduct a public hearing on an ordinance amendment to Article VIII. Signs, Chapter 28 Zoning of the Code of Ordinances for the City of Waco amending certain sections that regulate Off-premise Signs (Billboards) and Digital Signs in the City of Waco and its Extraterritorial Jurisdiction (ETJ). FIRST READING

PC RECOMMENDATION: 9 – 0 APPROVAL

STAFF RECOMMENDATION: APPROVAL

MOTION ON ORDINANCE

CONSENT AGENDA

• Consider consent agenda.

Agenda Numbers RES- 147 through RES- 158 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-147 Consider approval of a resolution awarding a bid and authorizing the City Manager to purchase (2) two 75hp 7,200gpm digester circulation pumps and one backup rotating assembly from Hayward Gordon, North Vancouver, British Columbia, Canada to replace existing equipment for the WMARSS Treatment Plant in an amount not to exceed $175,000.00 and authorizing the City Manager to execute all documents necessary to complete this transaction.

AGREEMENTS/CONTRACTS

13. RES-149 Consider approval of a resolution authorizing the City Manager to execute a Master Lease Agreement with Dell Financial L.L.C., lessor for Dell Inc., and in conjunction with Dell Marketing L.P., equipment manufacturer for Dell Inc., under an existing cooperative contract administered through the State of Texas Directory of Information Resources (DIR) for the lease and purchase of existing and replacement computers from 2008-2010.

BUILDINGS / LAND / STREETS / PARKS

15. RES-151 Consider approval of a resolution to change the name of Cameron Park East to Brazos Park East.

GRANTS / SUPPORT

16. RES-152 Consider approval of a resolution ratifying the City Manager’s execution and submittal of the Governor’s Division of Emergency Management Grant Adjustment Notice in connection with the Homeland Security Grant Program in order to receive a grant in the amount of $124,000.00 and authorizing the City Manager to execute any documents in connection therewith.

CHANGE ORDERS / AMENDMENTS / CANCELLATIONS

17. RES-153 Consider approval of a resolution authorizing the City Manager to execute Change Order No. 1 for a construction services contract with Archer Western Contractors, Ltd., Arlington, Texas, for the Dissolved Air Floatation (DAF) Water Treatment Plant project in the amount of $4,673,937.14, so that the total project cost does not exceed $44,285,937.14.

ARCHITECTS / ENGINEERS / SURVEYORS

18. RES-154 Consider approval of a resolution authorizing the City Manager to enter into a professional services contract with the Wallace Group, Waco, Texas, for architectural design services, including final design, engineering plans, and all applicable consulting fees for the renovation of the new Police Facility in an amount not to exceed $980,881.00.

WATER / SEWER

19. RES-155 Consider approval of a resolution authorizing the City Manager to execute a 12 month (April 1, 2009 to March 31, 2010) contract for the right to divert raw water from Lake Waco so that no more than the specified amount may be diverted for irrigation as follows: 1) Ridgewood Country Club [300 ac ft or 97,755,300 gal], 2) Roane Lacy, Jr. [3 ac ft or 977,553 gal], 3) Rick Sheldon [11 ac ft or 3,584,361 gal], 4) Bob and Erin Davis [16 ac ft or 5,213,616 gal], 5) Brown Bark I [275 ac ft or 89,609,025 gal], 6) Reagan M. Ramsower [6 ac ft or 1,955,106 gal], 7) Lanny Peavey [8 ac ft or 2,606,808 gal], and 8) HOT Golf, Inc. [200 ac ft or 65,170,200 gal] for a monthly administrative fee of $25.00 and a fee of $100.00 per contract acre feet [ac ft] of raw water, or as established in the City of Waco Fee Schedule.

HOUSING / HOMES

20. RES-156 Consider approval of a resolution authorizing the City Manager to execute a residential tax abatement agreement with Edanbra Development, LC for Lot 12, Block 3 of the Woods on Kendrick Lane Addition in the City of Waco, McLennan County, Texas, also known as 2304 Los Arboles Lane, Waco, Texas and Lot 3, Block 1 of the Woods on Kendrick Lane Addition in the City of Waco, McLennan County, Texas, also known as 2208 Kendrick Lane.

ELECTIONS

22. RES-158 Consider approval of a resolution designating election officials, establishing a rate of pay and other matters related to the May 09, 2009 General Election.

ORDINANCES

23. ORD-159 Consider and take action with respect to an ordinance authorizing the issuance and sale of City of Waco, Texas, General Obligation Refunding Bonds, Series 2009, in the aggregate principal amount not to exceed $20,000,000.00; levying a tax in payment thereof; authorizing the execution and delivery of a bond purchase contract, a paying agent/registrar agreement, an officer’s pricing certificate and an escrow agreement; calling certain bonds for redemption; approving the official statement; finding and determining that the meeting at which this Ordinance is passed is open to the public as required by Law; and enacting other provisions relating thereto. EMERGENCY READING