WACO CITY COUNCIL MEETING

TUESDAY, APRIL 21, 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-186 Discussion of proposed ordinances to amend (a) Chapter 13, Article IV, Food Establishments, and (b) Chapter 13, Article X, Swimming Pools & Spas, and to adopt (c) new articles in Chapter 16 related to rodent control and mosquito control.
Additional discussion will be held at future meeting
B. WS-187 Discussion concerning the renovation of John Knox Texas Ranger Memorial Center.
Discussed
C. WS-188 Discussion concerning the proposed renovations to the former Dunlap’s department store building for use as the new R.B. Hoover Library.
Discussed
D. WS-189 Discussion on the purpose, timeline and local effect of the 2010 Census and the creation of a Complete Count Committee (CCC) to help build community awareness.
Discussed
E. WS-190 Discussion of the 2nd Quarter 2008-09 Financials.
Discussed
F. WS-191 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

PROCLAMATIONS

1. PRO-192 Proclaim: April 21, 2009 as “Autism Awareness Day”
2. PRO-193 Proclaim: April 21, 2009 as “Midway High School Mock Trial Team Day”
3. PRO-194 Proclaim: April 21, 2009 as “Rapoport Academy UIL Speech Team Day”

Presented

Presented

Presented

MINUTES

4. MIN-195 Work/Business Session – Tuesday, April 7, 2009

Approved

PUBLIC HEARINGS

5. PH-196 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) Preliminary Plat of the Lakes at University Parks Addition; (2) Final Plat of the Lakes at University Parks Addition, Phase Two; (3) ETJ-Final Plat of the CT Industrial Park, Lots 1 – 10, Block 1; and (4) ETJ-Final Plat of the Burns-Butler Addition, Lots 1 – 4, Block 1.

PC RECOMMENDATION: 9 – 0 Disapprove

STAFF RECOMMENDATION: Disapprove until platting requirements are met.

MOTION ON RESOLUTION

Approved to disapprove 5-0 vote

6. PH-197 Conduct a public hearing on a resolution to approve a request for a variance to the Waco Subdivision Ordinance to delete the requirement concerning the engineering drainage study and letter of map revision (LOMR), as recommended by the City Plan Commission (ETJ-Final Plat of the Burns-Butler Addition, Lots 1 – 4, Block 1).

PC RECOMMENDATION: 9 – 0 Approve

STAFF RECOMMENDATION: Approve

MOTION ON RESOLUTION

Approved by 5-0 vote

7. PH-198 Conduct a public hearing on a resolution to approve a request for a variance to the Waco Subdivision Ordinance to delete the requirement of the maximum of 1,000 foot block length for Merganser Way. (Preliminary Plat of the Lakes at University Parks Addition).

PC RECOMMENDATION: 9 – 0 Disapprove

STAFF RECOMMENDATION: Disapprove

MOTION ON RESOLUTION

¾ VOTE OF COUNCIL REQUIRED TO APPROVE

Request was withdrawn. No hearing held or vote taken.

8. PH-199 Conduct a public hearing on a resolution approving the Final Planned Unit Development Plan for property located on S. University Parks Drive and Brentley Blvd. and described as 13.72 acres, more or less, out of the Carlos O’Campo Survey, Abstract Number 32. (Case #Z-09-9 – LUP Investments Ltd.)

PC RECOMMENDATION: 9 – 0 Approve

STAFF RECOMMENDATION: Approve

MOTION ON RESOLUTION

Approved 5-0 vote

9. PH-200 Conduct a public hearing on an ordinance to abandon a section of Paul Quinn Avenue from Rotan Street to Garrison Street, in the City of Waco, McLennan County, Texas.

PC RECOMMENDATION: 9 – 0 Approve

STAFF RECOMMENDATION: Approve

MOTION ON ORDINANCE

Approved 4-0 vote

10. PH-201 Conduct a public hearing on an ordinance to rezone from R-3E top O-3 the property described as Lots 8, 9, and B10, Block 42, University Heights Addition, known as 1719 Windsor Avenue. (Case #Z-09-10 Samuel Hersh for Spring of Hope Ministries) FIRST READING

PC RECOMMENDATION: 9 – 0 Approve

STAFF RECOMMENDATION: Approve

MOTION ON ORDINANCE

Approved 5-0 vote

11. PH-202 Conduct a public hearing on an ordinance to rezone from M-2 to C-2 the property described as a 5.44 acre tract, more or less, out of the Tomas De La Vega Survey, located at the northwest corner of N. Loop 340 and Orchard Lane. (Case #Z-09-7 Larry W. Jackson) FIRST READING

PC RECOMMENDATION: 6 – 3 Approve

STAFF RECOMMENDATION: Approve

MOTION ON ORDINANCE

Approved 5-0 vote

12. PH-203 Conduct a public hearing on an ordinance re-establishing standards of care for City of Waco youth programs. FIRST READING

MOTION ON ORDINANCE

Approved 5-0 vote
• Hearing of any visitor concerning City business.

CONSENT AGENDA

• Consider consent agenda.

Agenda Numbers RES-204 through 217 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

13. RES-204 Consider approval of a resolution awarding a bid and authorizing the City Manager to execute a contract with Barsh Company, Inc., Waco, Texas, lowest and best responsible bidder, to complete construction of renovations for Lover’s Leap, Mouth of the Bosque, Circle Point, Rock Shelter, Jacob’s Ladder, Redwood Shelter, Proctor Springs, and Anniversary Park / Clubhouse areas of Cameron Park in an amount not to exceed $4,079,245.00.

Approved Consent
14. RES-205 Consider approval of a resolution awarding bids and authorizing the City Manager to execute contracts with S.J. Louis Construction of Texas, Ltd., Mansfield, Texas for the Waco Metropolitan Regional Sewer System Flat Creek Interceptor Construction Project in an amount not to exceed $7,395,381.19 and the WMARSS Reclaimed Waterline Project in an amount not to exceed $2,693,023.58.
Approved Consent
15. RES-206 Consider approval of a resolution awarding a contract to Ballou Construction Co., Inc., Salina KS, lowest and best responsible bidder, for the Slurry Seal and Micro-Surfacing at Various Locations 2009-1 project in an amount not to exceed $501,092.50 and authorizing the City Manager to execute all documents necessary to complete this transaction.
Approved Consent
16. RES-207 Consider approval of a resolution awarding a bid and authorizing the City Manager to execute a contract with SJ Louis Construction of Texas, Ltd., Mansfield, TX, lowest and best responsible bidder, for the Martin Luther King Drive Sanitary Sewer Rehabilitation project in an amount not to exceed $1,459,670.90.
Approved Consent

AGREEMENTS/CONTRACTS

17. RES-208 Consider a resolution to exercise an option for the first one year renewal term on the contract with McCreary, Veselka, Bragg & Allen, P.C. and Beard, Kultgen, Brophy, Bostwick & Dickson, LLP for collection services for property taxes and bankruptcy representation.

Approved Consent
18. RES-209 Consider approval of a resolution to exercise an option for the first one year renewal term on the contract with Gila Corporation d/b/a Municipal Services Bureau, Austin, Texas for collection services for delinquent municipal court fines and fees and other City of Waco accounts receivable.
Approved Consent
19. RES-210 Consider approval of a resolution authorizing the award of a lease agreement to Enterprise Rent a Car Company of Texas, Austin, Texas as the lowest and best responsible bidder, for vehicle lease units and authorizing the City Manager to execute an 12-month lease agreement with Enterprise Rent a Car of Texas, for the rental of nine (9) lease vehicles in an amount not to exceed $77,533.00, with options to renew the agreement for two additional twelve month periods, not to exceed $81,410.00 annually.
Approved Consent

HOUSING / HOMES

20. RES-211 Consider approval of a resolution authorizing the release for public comment an amendment to the 2008 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Action Plan to apply for the City of Waco’s allocation of Homelessness Prevention and Rapid Re-Housing Program Funds not to exceed $685,599.00.

Approved Consent
21. RES-212 Consider approval of a resolution approving the assignment of residential tax abatement rights and benefits of Waco Community Development Corporation to Bamma Kaye Moore for property located at 1400 N. 4th Street, Lot 15, Block 10, of the D. T. Chamberlain & Taylor Addition in the City of Waco.
Approved Consent

VEHICLES / EQUIPMENT / CLOTHING

22. RES-213 Consider approval of a resolution authorizing the City Manager to purchase under the cooperative purchasing agreement managed by the Texas Local Government Purchasing Cooperative operating as the BuyBoard:

  • (a) One (1) 2009 Ford Explorer from Philpott Motors, Nederland, TX in an amount of $19,405.50 total; and
  • (b) Two (2) 2009 Ford F250 Extended Cab Super Duty Pickups with Jones Trailer Company Animal Cages from Philpott Motors, Nederland, TX in an amount of $51,676.90 total; and
  • (c) Two (2) 2009 Ford F250 Extended Cab Super Duty Pickups from Philpott Motors, Nederland, TX in an amount of $41,348.70 total; and
  • (d) One (1) 2010 Mack GU713 chassis w/Cementech Mobile Mixer from East Texas Mack Sales, Longview, TX in an amount not to exceed $208,264.00 total; and
  • (e) One (1) Caterpillar Motorgrader Model 140M from Holt Equipment, Waco, TX in an amount of $241,938.90 total.
Approved Consent

BUDGET / CERTIFICATES OF OBLIGATION / BONDS

23. RES-214 Consider approval of a resolution amending the City of Waco Financial Management Policy Statements by adding provisions establishing internal control requirements for outside agencies receiving City Funds.

Approved Consent
24. RES-215 Consider a resolution (a) amending the Fiscal Year 2008-09 operating budget for the General Fund, Health Fund, Airport Fund, Water Fund, Wastewater Fund, WMARSS Fund, Risk Fund and Engineering Fund; and (b) amending the Fiscal Year 2008-09 operating budget fee schedule for the General Fund (Inspection Services).
Approved Consent
25. RES-216 Consider approval of a resolution amending the Capital Improvement Programs for the City of Waco Fiscal Years 1995-1996, 2006-2007 and 2008-2009.
Approved Consent

CHANGE ORDERS / AMENDMENTS / CANCELLATIONS

26. RES-217 Consider approval of a resolution accepting Change Order No. 5 from Knife River, Inc., Waco, Texas, for the Brazos Riverwalk project in the amount of $31,531.00 and authorizing the City Manager to execute all documents necessary to complete this transaction.

Approved Consent

ORDINANCES

27. ORD-218 Consider approval of an ordinance amending various sections of Article IV, “Food Services Establishments And Food Handlers,” of Chapter 13 to the Code of Ordinances of the City of Waco, McLennan County, Texas, to make changes to conform with state laws, modify certain identification requirements, clarify permitting requirements, delete “Event Coordinator” provisions, and revise permit suspension & revocation provisions; and providing for a penalty. FIRST READING

Removed from agenda
28. ORD-219 Consider approval of an ordinance amending various sections of Article X, “Swimming Pools And Spas,” to Chapter 13 of the Code of Ordinances of the City of Waco, McLennan County, Texas, to comply with changes in state law, to modify provisions related to permits & their renewal and pool markings, and to deal with pools with expired permits, and providing for a penalty. FIRST READING
Removed from agenda
29. ORD-220 Consider approval of an ordinance (1) repealing Article VI, “Rodent Control,” of Chapter 16 of the Code of Ordinances of the City of Waco, McLennan County, Texas and enacting a new Article VI, “Rodent Control,” to Chapter 16 and (2) repealing Article V, “Mosquito Control,” of Chapter 16 of the Code of Ordinances of the City of Waco, McLennan County, Texas and enacting a new Article V, “Mosquito Control,” to Chapter 16, and providing for a penalty. FIRST READING
Removed from agenda
30. ORD-221 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. SECOND READING
Approved 5-0 vote
COUNCIL REPORTS

ADJOURNMENT – 6:39 P.M.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING – MAY 5, 2009

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY MAY 6, 2009.

 

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