WACO CITY COUNCIL MEETING TUESDAY, FEBRUARY 19, :00 P.M. and 6:00 P.M. BOSQUE THEATER WACO CONVENTION CENTER 100 Washington Avenue Waco, Texas

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1 WACO CITY COUNCIL MEETING TUESDAY, FEBRUARY 19, :00 P.M. and 6:00 P.M. BOSQUE THEATER WACO CONVENTION CENTER 100 Washington Avenue Waco, Texas We would like to WELCOME each of you to the meeting today. Persons with disabilities who plan to attend this meeting and who may need auxiliary aides or services should contact Patricia W. Ervin, City Secretary, at (254) at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made. 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 Est. Time Review of Business Session Agenda 3:00p.m. A. WS-071 Discussion of revisions to the Dance Hall Licensing Ordinance. 3:15p.m. B. WS-072 Discussion of the update to the Waco Comprehensive Plan. 3:45p.m. C. WS-073 Discussion concerning the City of Waco Youth Sports Agreement Process. 4:15p.m. D. WS-074 Council Requests for Scheduling of Future Agenda Items. 4:45p.m.

2 Page 2 EXECUTIVE SESSION DECORDOVA ROOM 5:00p.m. Notice is hereby given that the City Council will go into Executive Session in accordance with the following provisions: 1. Attorney Briefings (Texas Open Meetings Act Sec ): potential code enforcement litigation re: Austin Avenue, Waco, Texas; 2. Real Property (Texas Open Meetings Act Sec ); and 3. Economic Development (Texas Open Meetings Act Sec ). The City Council may go into Executive Session on any item listed on the Agenda in accordance with Chapter 551 of the Government Code.

3 Page 3 BUSINESS SESSION BOSQUE THEATER 6:00 p.m. PLEDGE OF ALLEGIANCE MINUTES 1. MIN-075 Work/Business Session February 5, 2013 PUBLIC HEARINGS 2. PH-076 Conduct a public hearing disclosing the family relationship of loan applicant Arthur Romero, relative of City of Waco employee Martin Romero, who has applied for a loan in an amount not to exceed $102, for the reconstruction of a home located at 2717 Burnett Ave., Waco, Texas, funded by the U.S. Department of Housing and Urban Development, HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) programs. NO ACTION REQUIRED BY COUNCIL 3. PH-077 Conduct a public hearing on a resolution for a variance to the Waco Subdivision Ordinance to delete the requirement for the extension of an 8 sanitary sewer main. (Final Plat of the Texas Central Addition, Lot 3, Block 2). PC RECOMMENDATION: 8 0 APPROVAL STAFF RECOMMENDATION: DISAPPROVAL MOTION ON RESOLUTION

4 Page 4 4. PH-078 Conduct a public hearing on a resolution to disapprove until all platting requirements are met by the applicant the following subdivision plats, as recommended by the City Plan Commission: (1) Final Plat of the Chapel Ridge Addition, Phase II, (2) Final Plat of the Chapel Ridge Addition, Phase III, and (3) Final Plat of the Texas Central Addition, Lot 3, Block 2. PC RECOMMENDATION: 8 0 DISAPPROVE UNTIL ALL PLATTING REQUIREMENTS MET STAFF RECOMMENDATION: DISAPPROVE UNTIL ALL PLATTING REQUIREMENTS MET MOTION ON RESOLUTION 5. PH-079 Conduct a public hearing on a resolution authorizing multiple project amendments to the , , , , , , and Consolidated Annual Action Plans in an amount not to exceed $544,691.00; and authorizing the City Manager to execute any documents necessary to complete this transaction. MOTION ON RESOLUTION 6. PH-080 Conduct a public hearing on an ordinance to abandon the plaza area (pedestrian right-of-way) on 726 Austin Avenue, in the City of Waco, McLennan County, Texas. (ABD-13-1 Waco Hippodrome Inc. and City of Waco) FIRST READING PC RECOMMENDATION: 8 0 APPROVAL STAFF RECOMMENDATION: APPROVAL MOTION ON ORDINANCE

5 Page 5 7. PH-081 Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from High Density Residential to Medium Density Residential and to rezone from R-2 to R-3C on property described as Lots 15 & 16, Block 13, Baylor Addition, known as 1616 & 1620 Bagby Avenue. (Case #Z-13-1 J&C Rowe Partnership) FIRST READING PC RECOMMENDATION: 8 0 APPROVAL STAFF RECOMMENDATION: APPROVAL MOTION ON ORDINANCE 8. PH-082 Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from Low Density Residential to Commercial and Office and to rezone from R-1B to C-3 on property described as Lot 13, Block 24, Riverside Addition, known as 909 E. Calhoun Avenue. (Case #Z-13-2 Maymus Muhammad) FIRST READING PC RECOMMENDATION: MOTION TO APPROVE FAILED TO RECEIVE THE REQUIRED 7 VOTES (6 2) STAFF RECOMMENDATION: DISAPPROVAL 3/4THS OF COUNCIL REQUIRED TO APPROVE MOTION ON ORDINANCE 9. PH-083 Conduct a public hearing on an ordinance to rezone from R-1B to C-1 on property described as Lots 8 & 9, Block 35, Carver Park Addition, known as 901 & 905 Delano Avenue. (Case #Z-13-3 Just As I Am Ministries and City of Waco) FIRST READING PC RECOMMENDATION: 8 0 APPROVAL STAFF RECOMMENDATION: APPROVAL MOTION ON ORDINANCE Hearing of any visitor concerning City business.

6 Page 6 CONSENT AGENDA Consider consent agenda. Agenda Numbers RES-084 through RES-100 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 AGREEMENTS/CONTRACTS 10. RES-084 Consider approval of a resolution authorizing a contract for design services with Lockwood, Andrews, and Newnam (LAN), Waco, Texas for the Hewitt Area Water Service Improvements project in an amount not to exceed $245,059.00; and authorizing the City Manager to execute all documents necessary to complete this transaction. 11. RES-085 Consider approval of a resolution authorizing the City Manager to execute an Interlocal Agreement with McLennan County and Waco Independent School District to provide for the management, maintenance, and sale of property that has been bid off as a result of a foreclosure of the taxes owed to the taxing entities. 12. RES-086 Consider approval of a resolution authorizing an agreement with Langerman Foster Engineering Company, located in Waco, Texas, to perform engineering and materials testing services for the Brazos Park East Riverwalk Extension Project in an amount not to exceed $61,757.00; and authorizing the City Manager to execute all documents necessary to complete the transaction. 13. RES-087 Consider approval of a resolution to enter into a research project agreement with The United States Department of Interior Bureau of Reclamation, U. S. Geological Survey and the Texas Water Development Board for Investigating an Innovative Constructed Wetland Design for Removing Endocrine Disrupting Compounds From Reclaimed Wastewater and to provide in-kind matching for use of up to 12 acres of a 92 acre tract owned by the City of Waco near the WMARSS Central WWTP and the City Manager is authorized to execute any necessary documents.

7 Page RES-088 Consider approval of a resolution authorizing a contract for engineering services to The Wallace Group, Waco, Texas for improvements to the LaSalle Avenue Lift Station Project in an amount not to exceed $119,500.00; and authorizing the City Manager to execute all documents necessary to complete this transaction. BIDS/PURCHASES 15. RES-089 Consider approval of a resolution awarding a contract to JHL Construction, L.P., Gatesville, TX, lowest responsible bidder, for the Brazos Park East Riverwalk Extension Project in an amount not to exceed $2,014,831.31; and authorizing the City Manager to execute all documents necessary to complete the transaction. 16, RES-090 Consider approval of a resolution awarding a contract to ThyssenKrupp Elevator Corporation, Austin, Texas, under an existing cooperative purchasing method established as The Cooperative Purchasing Network (TCPN), to upgrade the four elevators located at the Police Department Headquarters to meet fire safety code requirements, in an amount not to exceed $75,970.00; and further authorizing the City Manager to execute any documents in connection with the contract. GRANTS/SUPPORT 17. RES-091 Consider approval of a resolution authorizing the City Manager to submit a grant application to the Office of the Governor, Criminal Justice Division, in an amount not to exceed $34, with a required City cash match of at least 20% ($8,641.50) for a total of $43, for a Crisis Team Counselor in the Victim Services Unit and to authorize the City Manager to accept the grant, execute any documents in connection therewith, and/or furnish additional information/documentation as may be deemed necessary for the implementation of said program, which will include the assurance that in the event of loss or misuse of Criminal Justice Division funds, the City shall reimburse said funds to the Criminal Justice Division.

8 Page RES-092 Consider approval of a resolution authorizing the City Manager to submit a grant application to the Office of the Governor, Criminal Justice Division, in an amount not to exceed $130, with a required City cash match of at least 35% ($70,240.69) for a total of $200, for the continuation of the Family Violence Unit of the Waco Police Department and to authorize the City Manager to accept the grant, execute any documents in connection therewith, and/or furnish additional information/documentation as may be deemed necessary for the implementation of said program, which will include the assurance that in the event of loss or misuse of Criminal Justice Division funds, the City shall reimburse said funds to the Criminal Justice Division. 19. RES-093 Consider approval of a resolution amending the Texas Department of State Health Services (DSHS) NSS/WIC Local Agency contract (DSHS # ) to: 1) increase the grant amount from $662, to $1,343,011.00; and 2) extend the contract termination date from March 31, 2013 to September 30, 2013; and authorizing the City Manager to provide information as required and execute all necessary documents. 20. RES-094 Consider approval of a resolution amending the Texas Department of State Health Services (DSHS) core grant contract (DSHS # ) to increase the total grant amount from $751, to $760,907.00; and authorizing the City Manager to execute all necessary documents. CITY OPERATIONS 21. RES-095 Consider approval of a resolution authorizing the sale of tax foreclosed property located at 904 Elm Ave. by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to Carla Dotson for a total amount of $518.00; and authorizing the City Manager to execute all documents necessary to complete this transaction. 22. RES-096 Consider approval of a resolution authorizing the sale of tax foreclosed property located at 604 Pearl St. by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to Carla Dotson for a total amount of $600.00; and authorizing the City Manager to execute all documents necessary to complete this transaction. 23. RES-097 Consider approval of a resolution authorizing the sale of tax foreclosed property located at 216 Turner St. by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to Christina Jones for a total amount of $767.00; and authorizing the City Manager to execute all documents necessary to complete this transaction.

9 Page RES-098 Consider approval of a resolution to amend the Sale of City-Owned Property Policy. 25. RES-099 Consider approval of a resolution imposing public deed restrictions related to downtown design façade standards to the City-owned property located at Lot 14-C of Farm Lot No. 7, also known as 726 Austin Avenue, Waco, Texas 76701; and authorizing the City Manger to execute all necessary documents. 26. RES-100 Consider approval of a resolution: 1) Supporting the Barron s Branch, LLC, 2013 Low Income Housing Tax Credit (LIHTC) application for the development of the Barron s Branch Apartments at 9 th St. and Colcord Ave.; 2) Affirming that the proposed development will contribute most significantly to the concerted revitalization efforts of the City as outlined in Imagine Waco: A Plan for Greater Downtown; 3) Affirming the City of Waco s commitment of development funding in an amount not less than $1,310, in the form of a discounted land lease for a term not to exceed eighty years; 4) Affirming the commitment of a five year term construction loan with an interest rate of no higher than three percent per annum in an amount not to exceed $450,000.00, subject to the mutual acceptance of all loan terms between the City of Waco and Barron s Branch, LLC; 5) All subject to the award of competitive LIHTC from the Texas Department of Housing and Community Affairs (TDHCA); and 6) Authorizing the City Manager to execute all documents necessary to complete these transactions. ORDINANCES 27. ORD-101 Consider approval of an ordinance finding that the property located at 1425 Columbus Avenue, described as Lot 16, Block 9, Farm Lot 21, which previously has been designated as a historic landmark, is in need of tax relief to encourage its preservation and granting a historic landmark tax exemption for the property. (Case # H-12-1 Migel House, LLC) SECOND READING COUNCIL REPORTS AND ANNOUNCEMENTS Committee Reports from Council Members.

10 Page 10 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. Jennifer Richie, City Attorney