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WACO CITY COUNCIL MEETING

TUESDAY, DECEMBER 4, 2007
3:00 P.M. and 6:00 P.M.
DECORDOVA/ BOSQUE THEATRE
WACO CONVENTION CENTER

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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-781 Discussion of the 4th Quarter 2006-07 Financials.
Discussed
B. WS-782 Discussion concerning Cameron Park Centennial Celebration.
Discussed
C. WS-783 Discussion on Traffic Calming Proposal on Austin Ave.
Discussed

D. WS-784 Mayor's Report

  • A. Report and Discussion of Mayor's City Related Activities.
  • B. Report and Discussion of Councilmembers' City Related Activities
Distributed and Reported
E. WS-785 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

PLEDGE OF ALLEGIANCE

1. MIN-786 Work/Business Session - Tuesday, November 20, 2007

Approved

PUBLIC HEARINGS

2. PH-787 Conduct a public hearing on an ordinance establishing Reinvestment Zone Number Fifty-Seven (57) for Industrial Tax Abatement on real property located at 2701 Texas Central Parkway, Waco, Texas, as provided by the Property Redevelopment and Tax Abatement Act; setting the boundaries of the Zone; establishing the number of years for the Zone; authorizing the City Manager to execute a five-year agreement with Coca-Cola Enterprises Inc. (CCE) for Industrial Tax Abatement on real property located at 2701 Texas Central Parkway, Waco, Texas to exempt from taxation a percentage of the taxable value of real property in order to encourage investment and development; providing a savings clause; and finding and determining that the meeting at which this ordinance is passed is open to the public as required by law. - FIRST READING

MOTION ON ORDINANCE

Removed from Agenda
Hearing of any visitor concerning City business.

CONSENT AGENDA

  • Consider consent agenda.

Agenda Numbers RES-788 through RES- 815 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

3. RES788 Consider approval of a resolution authorizing the purchase of firefighter protective clothing under an existing contract with Casco Industries, Inc., Pasadena, Texas, in an amount not to exceed $37,234.00 and related matters.

Approved Consent
4. RES-789 Consider approval of a resolution authorizing the purchase of one (1) Hook-Lift/Roll-off Style Water Distribution Tank System, manufactured by Equipment Southwest, Inc. of Irving, Texas, as the lowest and best responsible bidder, in an amount not to exceed $59,825.00.
Approved Consent
5. RES-790 Consider approval of a resolution awarding a contract to M. B. Home Construction Service, Inc., Georgetown, Texas, lowest and best responsible bidder, to complete construction of playground area at Mountainview Park in an amount not to exceed $22,500.00, and authorizing the City Manager to execute all documents necessary to complete this transaction.
Approved Consent
6. RES-791 Consider approval of a resolution awarding a contract to Matous Construction, Belton, Texas, lowest and best responsible bidder, for the Pump Station Project (Phase 1) at Cottonwood Creek Golf Course in an amount not to exceed $607,000.00 and authorizing the City Manager to execute all documents necessary to complete this transaction.
Approved Consent

AGREEMENTS/CONTRACTS

7. RES-792 Consider approval of a resolution awarding an engineering contract for engineering analysis and preliminary design relating to additional water supply lines from the Riverside Treatment Plant to the Gholson Road Pump Station to Lockwood, Andrews, and Newnam Inc. (LAN), Waco, Texas, and authorizing the City Manager to execute a contract with LAN, for Phase 1 (Analysis and Preliminary Design) in an amount not to exceed $81,700.00.

Approved Consent
8. RES-793 Consider approval of a resolution authorizing the City Manager to execute concession Agreements for the conduct of on-airport auto rental activities at Waco Regional Airport for the term of January 1, 2008, to December 31, 2010 with (1) The Hertz Corporation, (2) Checker Leasing, Inc. d/b/a Avis Rent A Car, Licensee and (3) Southwest-Tex Leasing, Co., d/b/a Advantage Rent-A-Car and (4) Enterprise Rent-a-Car Company of Texas.
Approved Consent
9. RES-794 Consider approval of a resolution authorizing the City Manager to execute a Memorandum of Agreement with the Federal Administration providing for the operation, and maintenance of FAA owned navigation, communication and weather aids for support of Air Traffic Operations at Waco Regional Airport for the term of October 1, 2008 to September 30, 2028.
Approved Consent
10. RES-795 Consider approval of a resolution authorizing the City Manager to execute a contract agreement with the Texas Workforce Commission, and the Heart of Texas Workforce Development Board to expand the availability of federal childcare funding by certifying the expenditure of funds to be used as the local match for the cost of childcare services.
Approved Consent
11. RES-796 Consider approval of a resolution authorizing the City Manager to execute a contract with Ron Hobbs Architects, located in Garland, Texas, to perform architectural services that include Pre-Design Services Design and Construction Services, and Support Services for the design and renovation of South Waco Community Center, in an amount not to exceed $144,500.00.
Approved Consent
12. RES-797 Consider approval of a resolution authorizing the City Manager to renew the agreement for Concession and Food Service Operations at the Riverbend Baseball/Softball Complex with Dubl-R Concessions and Catering Inc., and further authorizing the City Manager to execute any documents in connection therewith.
Approved Consent

BUDGET/CERTIFICATES OF OBLIGATION/BONDS

13. RES-798 Consider approval of a resolution amending the Capital Improvement Programs for the City of Waco Fiscal Years 2006-2007, 2005-2006, 2004-2005, 2003-2004, 2002-2003, 2001-2002, 2000-2001, and 1999-2000.

Approved Consent
14. RES-799 Consider approval of a resolution amending the Fiscal Year 2006-07 operating budget for the General Fund, Cameron Park Zoo Fund, Golf Course Fund, Street Reconstruction Fund and Debt Service Fund and to approve a resolution amending the Fiscal Year 2007-08 operating budget fee schedule for the Water Fund.
Approved Consent
15. RES-800 Consider approval of a resolution approving the issuance of education revenue bonds not to exceed $550,000,000 by the Brazos Higher Education Authority, Inc. ("Authority") to continue the program to acquire additional student loan notes and to refund and refinance certain previously issued obligations of the Authority.
Approved Consent
16. RES-801 Consider approval of a resolution expressing the intent to finance expenses incurred up to 60 days prior to and all expenses incurred on or after December 4, 2007 for costs incurred in connection with the purchase of two (2) 2008 Pierce Custom Contender Fire Engines, related equipment and other fire apparatus from available funds in the General Fund with subsequent reimbursement to the General Fund from 2007-2008 bond funds.
Approved Consent
17. RES-802 Consider approval of a resolution authorizing: (1) the publication of a Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligations Series 2008 (the "Notice") in a maximum aggregate principal amount not to exceed $15,000,000.00, (2) the selection of an underwriting team for the proposed Certificates of Obligation and for proposed General Obligation Refunding Bonds Series 2008, and (3) other matters related thereto.
Approved Consent

GRANTS/SUPPORT

18. RES-803 Consider approval of a resolution ratifying the City Manager's execution and submittal of an application to the Fire Prevention and Safety Grant Program administered by the Federal Emergency Management Agency (FEMA) and the United States Fire Administration (USFA) in the total amount of $44,000.00, and authorizing the City Manager to accept said grant and execute all documents in connection therewith for the purchase of audio visual security equipment for three (3) Waco Transit buses, one bus wrap and a fire investigation detection sniffing device for the Fire Marshal's office.

Approved Consent
19. RES-804 Consider approval of a resolution authorizing the City Manager to submit and execute a grant application to the State of Texas Division of Emergency Management Performance Grant in an amount not to exceed fifty (50) percent of the allowable expenses for the FY 2008 Emergency Management budget and to authorize the City Manager to accept and execute this grant.
Approved Consent
20. RES-805 Consider approval of a resolution authorizing the City Manager to execute and submit a grant application to the Heart of Texas Council of Governments in cooperation with the Texas Commission on Environmental Quality for monies to help fund the 2008 Household Hazardous Waste Day and authorizing the City Manager to execute any 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

BUILDINGS/LAND/STREETS/PARKS

21. RES-806 Consider approval of a resolution authorizing the City Manager to purchase playground equipment for Mountainview Park from Recreation Consultants, Inc., in an amount not to exceed $38,687.00, and installation of the equipment from Custom Swings of Texas, Inc., in an amount not to exceed $16,460.00; and the purchase of playground equipment and installation for Pecan Bottoms area of Cameron Park from Total Recreation Products, Inc. in an amount not to exceed $120,014.75, and purchase of playground equipment for Pecan Bottoms area of Cameron Park from PlayWell Group in an amount not to exceed $20,711.73, and installation of the equipment from PlayWorks, in an amount not to exceed $3,293.40 under an existing cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, operating as the Buy Board.

Approved Consent

ARCHITECTS/ENGINEERS/SURVEYORS

22. RES-807 Consider approval of a resolution authorizing the City Manager to enter into a professional services contract with the Wallace Group for all applicable architectural and engineering services for the renovation and expansion of John Knox Texas Ranger Memorial Center in an amount not to exceed $205,790.00.

Approved Consent

VEHICLES / EQUIPMENT

23. RES-808 Consider approval of a resolution authorizing the City Manager to purchase two (2) 2008 Pierce Custom Contender Fire Engines and related equipment from Siddons Fire Apparatus Inc, Manor, Texas under an existing cooperative purchasing agreement with Buy Board in an amount not to exceed $748,110.00.

Approved Consent

CITY OPERATIONS

24. RES-809 Consider approval of a resolution appointing Leah-Flora Hayes as City Attorney for the City of Waco, Texas for a term of four (4) years which shall begin on January 9, 2008.

Approved
25. RES-810 Consider approval of a resolution approving changes to the compensation of the City Manager, City Secretary, and the Municipal Court Judge for Fiscal Year 2007-2008, if any, and to authorize the Mayor to execute any documents necessary to effectuate the changes.
Approved Consent
26. RES-811 Consider approval of a resolution rescheduling the regularly scheduled City Council meetings of January 1, and January 15, 2008 to January 8, and January 22 of 2008.
Approved Consent

ECONOMIC DEVELOPMENT

27. RES-812 Consider approval of a resolution authorizing the City Manager to execute a Program Project Agreement with Coca-Cola Enterprises, Inc. in an amount not to exceed $150,000.00 through the Waco McLennan County Economic Development Corporation ($75,000.00 of which will be provided by the City of Waco) in exchange for the retention of 75 full-time jobs and the construction of a 55,000 to 60,000 square foot distribution center located at 2701 Texas Central Parkway, Waco, McLennan County, Texas.

Approved Consent
28. RES-813 Consider approval of a resolution authorizing the City Manager to execute an Industrial Business Grant agreement with Caterpillar Work Tools, Inc. for real and personal property located in Waco's Southeast Enterprise Zone at 2000 Texas Central Parkway Waco, McLennan County, Texas.
Approved Consent

CHANGE ORDERS

29. RES-814 Consider approval of a resolution authorizing the City Manager to execute Change Order #3 with Archer Western Contractors, Ltd., for actual loss time due to high river flows to the Lake Brazos Dam Project in an amount not to exceed $68,937.60 to Archer Western Contractors, Ltd., so that the total contract is for an amount not to exceed $16,442,439.60.

Approved Consent

INTERLOCAL AGREEMENTS

30. RES-815 Consider approval of a resolution authorizing the City Manager to execute an Addendum to the Amendment to the Waco-McLennan County Public Health District Cooperative Agreement for the term of October 1, 2006 to September 30, 2009, between the City of Waco and other members of the Waco-McLennan County Public Health District to change the Funding Member contribution amounts (McLennan County $1.00 per County resident and cities $1,50 per city resident) and to authorize the City to make its contribution to be a Funding Member.

Approved Consent

ORDINANCES

31. ORD-816 Consider approval of an ordinance amending Sections 2-66 and 24-127 of the Waco Code of Ordinances to place all provisions relating to the purchasing process in Sec. 24-127 and to increase the City Manager's authority to make purchases not exceeding $50,000.00. FIRST READING

Approved
32. ORD-817 Consider approval of an ordinance to rezone from C-3 to O-3 the property described as Archenhold Addition, Block 97, Lots 1, 2, & A3, known as 2318 N. 15th St.; Lot B4, known as 2319 N. 15A St.; Lots B3 & A4, known as 1508 Herring; Archenhold Addition, Block 98, Lots 1, 2, & 3, known as 2318 N. 15A St.; Lot 4, known as 1532 Herring Ave.; Lot 5, known as 1536 Herring Ave.; Lot 6, known as 1540 Herring Ave.; Lot 7, known as 2315 N. 16th St.; Farwell Heights Addition, Block 93, Lot 16, known as 1547 Herring Ave.; Lot 17, known as 1543 Herring Ave.; Lots A18 & 19, known as 1533 Herring Ave.; Lot A, known as 1523 Herring Ave.; Lot B18, known as 1535 herring Ave.; Farwell Heights Addition, Block 94, Lot 5, known as 1515 Herring Ave.; Lot 6, known as 1513 Herring Ave.; Lot 7, known as 1509 Herring Ave.; Lot 8, known as 1505 Herring Ave.; Farwell Heights Addition, Block 97, Lot 6, known as 1508 Herring Ave.; Lot 7, known as 1512 Herring Ave.; Lot B, known as 1500 Herring Ave.; Lot A, known as 2320 N. 15th St.; Farwell Heights Addition, Block 98, Lot 1, known as 1522 Herring Ave.; Lot 3, known as 1528 Herring Ave.; Lot 4, known as 1532 Herring Ave.; Lot 5, known as 1536 Herring Ave.; Lot 6, known as 1540 Herring Ave.; Lot 7, known as 1544 Herring Ave.; and to rezone from R-2 to O-3 the property described as Farwell Heights Addition, Block 98, Lot 2, known as 1524 Herring Ave. (Case #Z-07-53 Dewayne Bradley and City of Waco) SECOND READING
Approved
33. ORD-818 Consider approval of an ordinance to rezone from C-3 to O-2 the property described as N.H. Conger Addition, Block 1, Lot 22, known as 509 N. 12th St.; N.H. Conger Addition, Block 2, Lots 1 & 2, known as 1201 Jefferson Ave.; Lot 3, no assigned address; Lot 20, known as 519 N. 13th St.; Lot 21, known as 515 N. 13th St.; Lot 25, known as 1225 Jefferson Ave.; and Lot A, known as 1211 Jefferson Ave. (Case #Z-07-54 - City of Waco) SECOND READING
Approved

COUNCIL REPORTS

34. CR-819 Consider approval of appointments to various Boards and Commissions subject to meeting qualifications.

  • City Manager's Report.
    • A. Reports on City and Community upcoming activities.
    • B. Reports on City and City employee honors and awards.
    • C. Follow up reports on City Council requested information.
  • Council Committees' Activities
  • City Council and Staff Announcements.
Board/Commission
Appointee
All terms expire September 2009 unless otherwise indicated.
Animal Grievance Board
Katherine Freeman (I)
Building Standards Commission
Charles Robnett
Lake Waco Wetlands Advisory Board
Eric Haskell U. S. Army Corps.
Plan Commission
Chris Gutierrez (I) (2010)
Recycling Advisory Board
Greta Knoll (I) (2009)
Texas Ranger Hall of Fame & Museum Advisory Board
Paul McClinton (IV)
Waco Public Improvement District No. One Advisory Board
Jeff Blackman
Zoning Board of Adjustment
Michael Pezanno (I) (Alternate)

ADJOURNMENT - 6:22 P.M.

NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING - DECEMBER 18, 2007

THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY DECEMBER 19, 2007.

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.

John Patterson, Acting City Attorney

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