WACO CITY COUNCIL MEETING

TUESDAY, APRIL 7, 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-160 Discussion concerning the proposed funding recommendations for FY 2009 / 2010 Community Development Block Grant Program (CDBG) and HOME Investment Partnership (HOME) funds which will be part of the 2009 / 2010 Annual Action Plan.
Discussed
B. WS-161 Discussion of an ordinance amending Sections 26-16, 26-92, 26-97, 26-98, and 26-99 within Chapter 26, Water Utilities, of the Code of Ordinances of the City of Waco, McLennan County, Texas changing certain utility service deposit requirements adding certain definitions, changing the City’s water conservation triggering conditions and adding more drought contingency stages.
Discussed
C. WS-162 Discussion regarding submission of a grant request to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) for the COPS Hiring Recovery Program (CHRP).
Discussed
D. WS-163 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

1. PRO-164 Proclaim: April 6 – 12, 2009 as “Public Health Week”

2. PRO-165 Proclaim: April 12 – 18, 2009 as “National Public Safety Telecommunicator’s Week”
4 Proclamations to be given to Kathy McElyea, Julie Bell, Alvin Posey, (Supervisor) and Debra Avila of the Waco Police Department.

ADDED
Proclaim:  April 18, 2009 as “Susan G. Komen Race for the Cure Day”

 

Presented

Presented

Presented

3. MIN-166 Work/Business Session – Tuesday, March 24, 2009
Approved with changes

PUBLIC HEARINGS

4. PH-167 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 (ET). FIRST READING

PC RECOMMENDATION: 9 – 0 APPROVAL

STAFF RECOMMENDATION: APPROVAL

MOTION ON ORDINANCE

Public Hearing Continued until June 2, 2009

5. PH-168 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

Public Hearing Continued until June 16, 2009
• Hearing of any visitor concerning City business.

CONSENT AGENDA

• Consider consent agenda. Agenda Numbers RES- 169 through RES- 183 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

6. RES-169 Consider approval of a resolution authorizing the award of a bid for the construction of offsite sewer extensions by a private developer, Jebro, Inc., to Bell Contracting, Inc., Belton, Texas, lowest and best responsible bidder, for the Jebro Sanitary Sewer Improvements Project; approving a Sanitary Sewer Extension Refund Contract with Jebro, Inc.; and authorizing the City Manager to execute said contract in an amount not to exceed $143,100.00.

Approved Consent
7. RES-170 Consider approval of a resolution authorizing the City Manager to reject all bids for Concealable Body Armor.
Approved Consent
8. RES-171 Consider approval of a resolution authorizing the City Manager to purchase computer hardware from NetApp, Sunnyvale, California, under the State of Texas, Department of Information Resources contract DIR-SSD-286 in an amount not to exceed $67,765.58, and authorizing the City Manager to execute any documents necessary in connection therewith.
Approved Consent
9. RES-172 Consider approval of a resolution authorizing the City Manager to purchase one (1) Pierce Contender Rescue, non-walk-in GMC 5500 and related rescue equipment from Siddons Fire Apparatus Inc., Manor, Texas, under an existing Cooperative Purchasing Agreement with Buy Board, in an amount not to exceed $242,000.00.
Approved Consent

AGREEMENTS / CONTRACTS

10. RES-173 Consider approval of a resolution authorizing the exercise of a one-year extension option of an existing contract with Phillip Services, Houston, TX, for the collection, transportation, and disposal of household hazardous waste in an amount not to exceed $86,000.00.

Approved Consent

BUILDINGS / LAND / STREETS / PARKS

11. RES-174 Consider approval of a resolution authorizing additional compensation for an easement on the Waco Drive Water Realignment Project in the amount of $93.00 for a total compensation of $938.00.

Approved Consent

GRANTS / SUPPORT

12. RES-175 Consider approval of a resolution authorizing the City Manager to submit and accept an Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $610,557.00 to be used to reduce crime and improve public safety, and authorizing the City Manager to accept said grant and execute any document in connection therewith and/or furnish additional information/documentation as is deemed necessary for implementation of said program and related matters.

Approved Consent
13. RES-176 Consider approval of a resolution authorizing the City Manager to accept a grant from the Texas Department of Transportation in an amount not to exceed $10,000.00 (100% State funded) for the FY2009 Memorial Day Click It or Ticket (CIOT) Selective Traffic Enforcement Programs (STEP), and authorizing the City Manager to execute any grant 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.
Approved Consent
14. RES-177 Consider approval of a resolution authorizing the City Manager to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance for the Edward Byrne Memorial Competitive Grant Program and authorizing the City Manager to accept said grant and execute any document in connection therewith and/or furnish additional information/documentation as is deemed necessary for implementation of said program and related matters.
Approved Consent
15. RES-178 Consider approval of a resolution authorizing the City Manager to submit a grant application to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) for the COPS Hiring Recovery Program (CHRP) and authorizing the City Manager to accept said grant and execute any document in connection therewith and/or furnish additional information/documentation as is deemed necessary for implementation of said program and related matters.
Approved Consent

HOUSING / HOMES

16. RES-179 Consider approval of a resolution authorizing the funding of projects and activities with FY 2009 / 2010 Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) program funds.

Approved
17. RES-180 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.
Approved Consent
18. RES-181 Consider approval of a resolution authorizing the City Manager to execute a residential tax abatement agreement with Waco Community Development Corporation for Lot 23, Block 234 of the Reynolds Subdivision in the City of Waco, McLennan County, Texas, also known as 727 N. 15th Street, Waco, Texas.
Approved Consent

INTERLOCAL AGREEMENTS

19. RES-182 Consider approval of a resolution authorizing the City Manager to execute an interlocal agreement with the Cities of Hewitt, Lacy-Lakeview, Lorena, Robinson and Woodway for the purpose of conducting the 2009 Household Hazardous Waste Collection Event.

Approved Consent

ORDINANCES

20. ORD-183 Consider approval of an ordinance amending Sections 26-16, 26-92, 26-97, 26-98, and 26-99 within Chapter 26, Water Utilities, of the Code of Ordinances of the City of Waco, McLennan County, Texas changing certain utility service deposit requirements adding certain definitions, changing the City’s water conservation triggering conditions and adding more drought contingency stages. FIRST READING

Approved
21. ORD-184 Consider approval of 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. SECOND READING
Approved

22. ORD-185 Consider approval of 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. SECOND READING

ADJOURNMENT –   6: 29 P.M.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING – APRIL 21, 2009

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY APRIL 22, 2009.

Approved

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