WACO CITY COUNCIL MEETING

TUESDAY, MAY 19, 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-254 Presentation concerning Rosemound Cemetery.
Discussed
B. WS-255 Discussion on Dumpsters and Alleys.
Discussed
C. WS-256 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-257 Special Presentation by the City Council to the Youth Council members graduating from high school thanking them for their service to the Waco Youth Council and the City of Waco.

Presented

PROCLAMATIONS

2. PRO-258 Proclaim: May 24 – 30, 2009 as “HURRICANE PREPAREDNESS WEEK”

Presented

MINUTES

3. MIN-259 Work/Business Session – Tuesday, May 5, 2009

Approved

PUBLIC HEARINGS

4. PH-260 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) ETJ - Final Plat of the William James and Rebecca S. Crow Addition, Lot 1, Block 1; (2) Final Plat of the E.A. McNamara Addition, Lots 104, Block 1; and (3) Final Plat of the E.A. McNamara Addition, Lots 5-8, Block 1.

PC RECOMMENDATION: 9 – 0 Disapprove until all platting requirements are met.

STAFF RECOMMENDATION: DISAPPROVE

MOTION ON RESOLUTION

Approved

5. PH-261 Conduct a public hearing on a resolution to consider a request for a variance to the Waco Subdivision Ordinance to delete the requirement to construct street, drainage, and water improvements along the frontage of Lake Drive. (ETJ-Final Plat of the William James and Rebecca S. Crow Addition, Lot 1, Block 1)

PC RECOMMENDATION: NO ACTION

STAFF RECOMMENDATION: DISAPPROVAL

MOTION ON VARIANCE

Disapproved

6. PH-262 Conduct a public hearing on an ordinance to rezone from R-2 to O-1 the property described as Lot 46, Block 1, Castle Crest Addition, located at 4109 Roselawn. (Case #Z-09-11 Carl T. Smith) FIRST READING

PC RECOMMENDATION: 8 – 0 APPROVAL

STAFF RECOMMENDATION: APPROVE

MOTION ON ORDINANCE

Approved
• Hearing of any visitor concerning City business.

CONSENT AGENDA

  • Consider consent agenda.
Agenda Numbers RES-263 through RES-273 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

HOUSING / HOMES

7. RES-263 Consider approval of a resolution approving the assignment of residential tax abatement rights and benefits of Edanbra Development Corporation to Melissa Renobato for property located at 2332 Kendrick Lane, Lot 9, Block 2, of the Woods on Kendrick Lane Addition in the City of Waco.

Approved Consent
8. RES-264 Consider approval of a resolution authorizing the City Manager to execute a Certification Form approving an application from the Salvation Army to the State of Texas Homeless Prevention and Rapid Re-Housing Program (HPRP) for up to $1.6 million for eligible homeless prevention and rapid re-housing activities within Bosque, Falls, Freestone, Hill, Limestone, and McLennan counties, including activities within the City of Waco.
Approved Consent

GRANTS / SUPPORT

9. RES-265 Consider approval of a resolution authorizing the City Manager to accept a Federal American Recovery and Reinvestment Act grant from the Federal Transit Administration in an amount not to exceed $2,909,998.00.

Approved Consent

ECONOMIC DEVELOPMENT

10. RES-266 Consider approval of a resolution authorizing the City Manager to execute an agreement with the Family Health Center waiving fees for all building permits, water and sewer tap fees, and up to $6,000.00 in solid waste fees arising from the expansion of the Family Health Center Clinic at 609 Elm Avenue and the construction of a new clinic at 1911 Martin Luther King, Jr. Blvd.

Approved Consent

VEHICLES / EQUIPMENT

11. RES-267 Consider approval of a resolution authorizing the purchase of (1) one ultra-low sulfur diesel bus and accessories from an existing sixty-month contract agreement with North American Bus Industries, (NABI), Anniston, Alabama, for the replacement of a vehicle within the Waco Transit fixed-route system, in an amount not to exceed $312,500.00.

Approved Consent
12. RES-268 Consider approval of a resolution authorizing the City Manager to purchase 18 Aerotech 220 - Chevrolet Duramax type III cutaway vans under an existing cooperative purchasing agreement with the Houston Galveston Area Cooperative (HGAC), in an amount not to exceed $1,529,196.00.
Approved Consent
13. RES-269 Consider approval of a resolution authorizing the City Manager to purchase ten (10) Low Floor Chevrolet Uplander mini vans under an existing cooperative purchasing agreement with the Houston Galveston Area Cooperative (HGAC), in an amount not to exceed $502,780.00.
Approved Consent
14. RES-270 Consider approval of a resolution authorizing an additional payment in the amount of $3,200.00 of an annual maintenance fee to SBC Global Services, Inc., d/b/a AT & T Global Services (“AT & T”) for annual maintenance on the Nortel phone system, for a total annual payment amount not to exceed $98,518.38.
Approved Consent

INTERLOCAL AGREEMENT

15. RES-271 Consider approval of a resolution authorizing the City Manager to execute an interlocal cooperation agreement with Texas State Technical College-Waco for reimbursement to the City for bus transportation services in an amount of $12,051.00.

Approved Consent

CHANGE ORDERS / AMENDMENTS / CANCELLATIONS

16. RES-272 Consider approval of a resolution authorizing the issuance of a public notice regarding an amendment to the 2008 HUD Consolidated Annual Action Plan for a supplemental allocation of Community Development Block Grant (CDBG-R) Funding under the American Recovery and Reinvestment Act of 2009 in the amount of $448,313 and authorizing the City Manager to execute any document in connection therewith.

Approved Consent
17. RES-273 Consider approval of a resolution authorizing the second amendment to an existing agreement with EDAW, Inc., Fort Collins, Colorado, for additional engineering, architectural design and landscape design services for the Cameron Park Renovations Phase One and Two Project, and authorizing the City Manager to execute the second amendment to the agreement, in an amount not to exceed $ 351,031.00.
Approved Consent

ORDINANCES

18. ORD-274 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. SECOND READING

Approved
19. ORD-275 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. SECOND READING
Approved
20. ORD-276 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 news 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. SECOND READING
Approved

ELECTION PROCESS

A. Appointment of a Committee to Canvass the Election Returns

RECESS

B. Report of the Canvassing Committee

21. RES-277 C. Consider approval of a resolution declaring the results of the General Election for City Council Districts II, IV, and V held on Saturday, May 9, 2009

District II - Alice Rodriguez                                    
District IV - Toni Herbert
District V - Jim Bush

MOTION ON RESOLUTION

D. Oath of Office by the City Secretary

E. Certificate of Appointment by Mayor Virginia DuPuy

F. Appointment of Mayor Pro Tem

Council Member Wilbert Austin, District I was selected Mayor Pro Tem by a vote of 6-0.

MOTION ON APPOINTMENT OF MAYOR PRO TEM

G. Special Presentations

H. Congratulatory Comments and Statements

Approved

COUNCIL REPORTS

ADJOURNMENT –  7:01 P.M.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING – JUNE 2, 2009

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY JUNE 3, 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