WACO CITY COUNCIL MEETING

TUESDAY, JUNE 2, 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-278 Discussion concerning the determination and implementation of speed limits.
Discussed
B. WS-279 Discussion of the distribution of hotel-motel tax to the Arts Organizations.
Discussed
C. WS-280 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

MINUTES

1. MIN-281 Work/Business Session – Tuesday, May 19, 2009

Approved

PUBLIC HEARINGS

2. PH-282 Conduct a public hearing on a resolution authorizing the City Manager to submit an amendment to the 2008 U.S. Department of Housing and Urban Development (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 $448,313.00 and authorizing the City Manager to execute any document in connection therewith.

STAFF RECOMMENDATION: APPROVE

MOTION ON RESOLUTION

Approved 6-0 vote

3. PH-283 Conduct a public hearing on an ordinance amending certain sections of Chapter 28 “Zoning” Article VIII, “Signs” of the City of Waco Code of Ordinances pertaining to the regulation of 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: APPROVE

MOTION ON ORDINANCE

Public Hearing Continued
Hearing of any visitor concerning City business.
 

CONSENT AGENDA

• Consider consent agenda.

Agenda Numbers RES–284 through RES–306 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

4. RES-284 Consider approval of a resolution awarding a contract to Mitchell Construction, Inc., Lorena, Texas, lowest and best responsible bidder, for repairs to Fire Station #8, in an amount not to exceed $146,612.00, and authorizing the City Manager to execute all documents necessary to complete the transaction.

Approved Consent
5. RES-285 Consider approval of a resolution awarding a contract to STR Contractors, Liberty Hill, lowest and best responsible bidder, to construct Fire Station #1, in an amount not to exceed $2,909,112.00, and authorizing the City Manager to execute all documents necessary to complete the transaction.
Approved Consent
6. RES-286 Consider approval of a resolution awarding a contract to Don Jackson Construction, Inc., Riesel, Texas, lowest and best responsible bidder, to construct Fire Station #3, in an amount not to exceed $1,957,583.00, and authorizing the City Manager to execute all documents necessary to complete the transaction.
Approved Consent
7. RES-287 Consider approval of a resolution awarding a contract to Big Creek Construction of Lorena, Texas, the lowest and best responsible bidder, for the construction of the Runway Safety Area and Runway 1-19 Rehabilitation Project at Waco Regional Airport, in an amount not to exceed $10,604,752.69, and authorizing the City Manager to execute all documents needed for this transaction.
Approved Consent
8. RES-288 Consider approval of a resolution authorizing the City Manager to purchase one Jacobsen HR9016 Large Area Rotary Mower from C & M Golf & Grounds Equipment, Waco, Texas through the BuyBoard, in an amount not to exceed $73,361.20.
Approved Consent
9. RES-289 Move to approve a resolution authorizing the City Manager to issue a competitive sealed proposal procedure for professional auditing services.
Approved Consent

AGREEMENTS / CONTRACTS

10. RES-290 Consider approval of a resolution authorizing the City Manager to execute a Memorandum of Agreement (MOA) with the Federal Aviation Administration (FAA) to provide for the supervision and oversight of FAA AIP Project No: 3-48-022023-09 (Runway Safety Area Project), in an amount not to exceed $200,000.00.

Approved Consent
11. RES-291 Consider approval of a resolution amending Resolution No. 2008-414 (as previously amended by Resolution No. 2009-035) to increase the expenditure for additional professional services from Reynolds Smith & Hill, Inc by $999,031.81, thereby increasing the total expenditure during FY2008-09 to an amount not exceeding $2,516,263.81.
Approved Consent
12. RES-292 Consider approval of a resolution authorizing the City Manager to enter into a professional services contract with SCS Engineers for engineering services and compliance assistance at the closed Landfill 1419, in an amount not to exceed $60,000.00.
Approved Consent
13. RES-293 Consider approval of a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Lorena to share the costs of construction and maintenance of a new lift station and force main that will transport wastewater from the Lorena wastewater plant site to the proposed Bullhide Creek Interceptor operated by the Waco Metropolitan Area Regional Sewer System (WMARSS).
Approved Consent
14. RES-294 Consider approval of a resolution authorizing the City Manager to execute an Interlocal Agreement with McLennan County for installation of a sewer line, in an amount not to exceed $40,125.75.
Approved Consent

HOUSING/COMMUNITY DEVELOPMENT

15. RES-295 Consider approval of a resolution approving the assignment of residential tax abatement rights and benefits of Edanbra Development Corporation to Kristopher Wilson for property located at 2212 Autumn Woods, Lot 20, Block 1, of the Woods on Kendrick Lane Addition in the City of Waco.

Approved Consent

GRANTS / SUPPORT

16. RES-296 Consider approval of a resolution ratifying the execution and submittal of a grant application by the City Manager to the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for an Assistance to Firefighters Grant (AFG) for the purchase of a Training Simulator with operating software, fully self-contained 24 foot trailer, vehicle dynamics model and EVOC 101 Lesson Plan software with multi-seat license, in the amount of $136,578.00, with the City match of $34,145.00, for a total of $170,723.00, and authorizing the City Manager to accept said grant and execute any documents and/or furnish additional information/documentation in connection with said application and acceptance of said grant.

Approved Consent
17. RES-297 Consider approval of a resolution accepting a formal offer from the Federal Department of Transportation (DOT) for an American Recovery Reinvestment Act Grant, in the amount of $3,242,000.00, 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.
Approved Consent
18. RES-298 Consider approval of a resolution accepting a formal offer from the Federal Department of Transportation (DOT) for an Airport Improvement Program (AIP) Grant in the amount of $8,912,298.00 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.
Approved Consent

BOARDS/COMMISSIONS

19. RES-299 Consider approval of a resolution amending Article XI of the Articles of Incorporation of the Waco Health Facilities Development Corporation (WHFDC) relating to the election of the WHFDC board president.

Approved Consent

ECONOMIC DEVELOPMENT

20. RES-300 Consider approval of a resolution authorizing the City Manager to execute an Industrial Business Grant Agreement with Texon Polymer Group Inc., to assist with the acquisition of personal property to be installed at their recently expanded facility at 501 Precision Dr., Waco, Texas.

Approved Consent
21. RES-301 Consider approval of a resolution consenting to an assignment of a Development and Tax Abatement Agreement from 1CC-Waco TX, LLC to Corporate Properties 23, LLC, and authorizing the City Manager to execute the necessary documents in connection therewith.
Approved Consent
22. RES-302 Consider approval of a resolution authorizing the amendment to an existing Program Project Agreement with Caterpillar Work Tools, Inc., to extend the term of the agreement for an additional twenty-four (24) months, and authorizing the City Manager to execute any documents in connection therewith.
Approved Consent
23. RES-303 Consider approval of a resolution authorizing amendments to two existing Program Project Agreements between Waco McLennan County Economic Development Corporation and L-3 Communications Integrated Systems, L.P. to allow ten-percent (10%) of new jobs created in conjunction with certain projects to be contract employee positions, and authorizing the City Manager to execute any document in connection therewith.
Approved Consent

CHANGE ORDERS / AMENDMENTS/ CANCELLATIONS

24. RES-304 Consider approval of a resolution approving Amendment No. 1 to an existing contract with The Wallace Group for the renovation and improvements to John Knox Texas Ranger Memorial Center to increase the not-to-exceed lump sum fee for all applicable architectural and engineering services by $71,000.00 so that the total authorized compensation is an amount up to $276,790.00, and authorizing the City Manager to execute any/all documents in connection therewith.

Approved Consent
25. RES-305 Consider approval of a resolution approving Change Order #1 to the contract with CWA Construction, for additional construction services for the Asian Forest Expansion Project in an amount not to exceed $ 95,000.00, so that the total contract amount will not exceed $3,365,117.00, and authorizing the City Manager to execute any documents necessary for that change order.
Approved Consent
26. RES-306 Consider approval of a resolution accepting Change Order No. 6 from Knife River, Inc., Waco, Texas, to replace fencing for the Brazos Riverwalk Project in the amount of $37,152.65, and authorizing the City Manager to execute all documents necessary to complete this transaction.
Approved Consent

ORDINANCES

27. ORD-307 Consider approval of an ordinance repealing Ordinance No. 2490 approved on December 19, 1967, and all subsequent amendments; approving and reauthorizing the transfer of the possession of Rosemound Cemetery to the Rosemound Cemetery Association of Waco, Texas; authorizing the Board of Trustees of said Cemetery Association to prescribe rules and regulations regarding the maintenance and operations of said cemetery; providing for the allocation and use of money from the sale of lots and the endowment funds, including interest; authorizing the City Manager to enter into agreements with the Association providing for certain financial support; and forgiving the obligation of the Association to repay certain funding for maintenance and operation expenses. EMERGENCY READING

Approved 5-0 vote

28. ORD-308 Consider approval of 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). SECOND READING

ADJOURNMENT –   6:30 P.M.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING – JUNE 16, 2009.

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY JUNE 17, 2009.

 

Approved 5-0 vote

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