WACO CITY COUNCIL MEETING TUESDAY, MAY 21, :02 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, MAY 21, :02 P.M. and 6:00 P.M. BOSQUE THEATER WACO CONVENTION CENTER 100 Washington Avenue Waco, Texas WORK SESSION Presentation on the Arts Center. Discussed Presentation on the Waco Civic Theater. Discussed Presentation and Discussion on FEMA Flood Insurance Changes. Discussed Council Requests for Scheduling of Future Agenda Items. Discussed EXECUTIVE SESSION 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 ): a. Claim by Roth Construction, Inc.; b. Program Project Agreement between Coll Materials Exchange, LLC and Waco McLennan County Economic Development Corporation; c. Legal Services Agreements; 2. Real Property (Texas Open Meetings Act Sec ); and 3. Economic Development (Texas Open Meetings Act Sec ). PLEDGE OF ALLEGIANCE MINUTES Work/Business Session May 7, 2013 PROCLAMATIONS Proclaim: May 12-18, 2013 as National Nursing Home Week Not Presented Proclaim: May 25, 2013 as National Missing Children s Day Presented PUBLIC HEARINGS Conduct a public hearing on Resolution for a variance to the Waco Subdivision Ordinance to delete the requirement for the construction of an 8 water main extension. (Final Plat of the Cloverland Addition, Lot 1, Block 1-ETJ)

2 Conduct a public hearing on 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 Reserve at Lakeland Meadows Addition, Phase Six, (2) Final Plat of the Buckingham Estates Addition, Part Three, (3) Preliminary Plat of the River Crossing Addition, Lots 1-11, Block 1, and (4) Final Plat of the Cloverland Addition, Lot 1, Block 1, ETJ Conduct a public hearing on Resolution to grant a Special Permit to R. Andrew Roemisch, DVM for Stables and Kennels in a C-3 District on property described as 3.16 acres out of the Carlos O Campo Grant, Abst. No. 32, located on Loop 340 east of S. 12 th Street. (Case #Z R. Andrew Roemisch, DVM) Conduct a public hearing on an ordinance to rezone from M-2 to O-2 on property described as Lot 4, Block A, Brazoria Addition, known as 2501 S. University Parks Drive. (Case #Z Derrick Turnbull) FIRST READING Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from Public/Semi-Public to High Density Residential and to rezone from R-1B to O-2 on property described as all of Block 1, J.E. Horne Addition and all of Block 53, Ross Tract, known as 805 and 829 S. 8 th Street. (Case #Z Eighth Street Partners, LLC) FIRST READING Council Member Herbert disqualified Consider approval of an ordinance amending the Project/Finance Plan for Reinvestment Zone Number One for Tax Increment Financing to provide partial funding to WLD Mirada, LLC for the Mirada Residential Development Project located at South 6th Street, Waco, Texas, in an amount not to exceed $159, contingent upon WLD Mirada, LLC s adherence to various requirements and authorizing the City Manager to execute any documents in connection therewith. FIRST READING Council Members Deaver, Herbert, and Kinnaird are disqualified. Public Hearing continued until July 16 for TIF Board and Downtown Development Corporation Board to review and discuss again. Staff to provide scoring mechanism for this TIF project, as well as more analysis of value of land. 5-0 Public Hearing Continued until July 16, 2013 HEARING OF VISITORS Hearing of any visitor concerning City business. Page 2 of 6

3 RESOLUTIONS AGREEMENTS/CONTRACTS Consider approval of Resolution authorizing residential tax abatement agreements with Waco Waterford Village, LLC, or DLFFC, LLC, for the properties located at: 1) 3739 Vista Cove Dr., Lot 5, Block 1; 2) 3737 Vista Cove Dr., Lot 6, Block 1; 3) 3735 Vista Cove Dr., Lot 7, Block 1; 4) 3733 Vista Cove Dr., Lot 8, Block 1; 5) 3731 Vista Cove Dr., Lot 9, Block 1; 6) 3729 Vista Cove Dr., Lot 10, Block 1, 7) 3723 Vista Cove Dr., Lot 13, Block 1; 8) 3721 Vista Cove Dr., Lot 14, Block 1; 9) 3719 Vista Cove Dr., Lot 15, Block 1; 10) 3717 Vista Cove Dr., Lot 16, Block 1; 11) 3715 Vista Cove Dr., Lot 17, Block 1; 12) 3713 Vista Cove Dr., Lot 18, Block 1; of the Waterford Village Addition, a planned unit development in the City of Waco, McLennan County, Texas, and authorizing the City Manager to execute all documents necessary to complete these transactions Consider approval of Resolution (a) authorizing an amendment under an existing residential tax abatement agreement allowing Rondy Gray to convey the properties listed below to Waco Waterford Village, LLC or DLFFC, LLC; (b) approving the assignment of residential tax abatement rights and benefits of Rondy Gray to Waco Waterford Village, LLC or DLFFC, LLC, for the properties located at: 1) 3747 Vista Cove Dr., Lot 1, Block 1; 2) 3745 Vista Cove Dr., Lot 2, Block 1; 3) 3743 Vista Cove Dr., Lot 3, Block 1; 4) 3741 Vista Cove Dr., Lot 4, Block 1; 5) 3707 Vista Cove Dr., Lot 21, Block 1; 6) 3705 Vista Cove Dr., Lot 22, Block 1; 7) 3703 Vista Cove Dr., Lot 23, Block 1; and 8) 3701 Vista Cove Dr., Lot 24, Block 1 of the Waterford Village Addition, a planned unit development in the City of Waco, McLennan County, Texas, and (c) authorizing the City Manager to execute all documents necessary to complete these transactions. Staff to research if McLennan County and WISD can abate taxes. Page 3 of 6

4 Consider approval of Resolution authorizing a Use License Agreement with Baylor University to permit an electric service line to be placed under the Brazos River for a term of 6 years at a fee of $1.17 per linear foot per year and providing for a 4% fee increase each year; and authorizing the City Manager to execute all documents necessary to complete this transaction Consider approval of Resolution authorizing the City Manager to execute a contract with the U.S. Army Corps of Engineers, Fort Worth District, in an amount not to exceed $31, for law enforcement services at Lake Waco Parks during the period of May 24, 2013 through September 2, 2013, and authorizing the City Manager to furnish additional information and documentation as is deemed necessary for implementation of said program, and matters pertaining thereto. BIDS/PURCHASES Consider approval of Resolution awarding a contract to JNB Construction, Ltd., Waco, Texas, lowest responsible bidder, for the Old Robinson Road Sewer Replacement Project, in an amount not to exceed $107,381.00; and authorizing the City Manager to execute all documents necessary to complete this transaction Consider approval of Resolution awarding a contract to Viking Construction, Inc., Georgetown, Texas, lowest responsible bidder, for the Slurry Seal at Various Locations Project, in an amount not to exceed $406,525.00; and authorizing the City Manager to execute all documents necessary to complete this transaction. CITY OPERATIONS Consider approval of Resolution authorizing the sale of tax foreclosed property located at 515 S. 17 th St., Waco, Texas by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to Elisha A. French for a total amount of $1,060.00; and authorizing the City Manager to execute all documents necessary to complete this transaction Consider approval of Resolution authorizing the sale of tax foreclosed property located at 925 E. Waco Dr., Waco, Texas by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to George Marin for a total amount of $11,250.00; and authorizing the City Manager to execute all documents necessary to complete this transaction. Page 4 of 6

5 Consider approval of Resolution authorizing: 1) the sale of tax foreclosed property located at 409 Turner Street, Waco, Texas to Neighborhood Housing Services of Waco, Inc. for $24, and other good and valuable consideration, and 2) the simultaneous execution of a development agreement with Neighborhood Housing Services of Waco, Inc. for the development of the property located at 409 Turner Street, Waco, Texas; and authorizing the City Manager to enter into negotiations and to execute all documents in connection therewith. ORDINANCES Consider approval of Ordinance to abandon a portion of S. 3 rd Street north of Speight Avenue (0.290 acre tract) and a portion of Speight Avenue between Bagby Avenue and S. 4 th Street (2.111 acre tract) for the realignment of Speight Avenue, in the City of Waco, McLennan County, Texas. (ABD-13-2 Baylor University) SECOND READING Consider approval of an ordinance adopting and approving a negotiated new Rate Review Mechanism ( RRM ) tariff/schedule for Atmos Energy Corporation, Mid-Tex Division to be in force for a four-year period from 2013 to FIRST READING COUNCIL REPORTS AND APPOINTMENTS Consider approval of the appointment of Samuel Martinez to the Waco Housing Authority Commission subject to meeting qualifications. Committee Reports from Council Members ELECTION PROCESS A. Appointment of a Committee to Canvass the Election Returns Recess B. Report of the Canvassing Committee City Council District II Alice Rodriguez 196 Dave Emley 149 City Council District IV Shamiqua Robinson 13 Toni Herbert 104 C. Consider approval of Resolution declaring the results of the General Election for City Council District II and City Council District IV, held on Saturday, May 11, Reported Page 5 of 6

6 ELECTION CEREMONY A. Oath of Office administered by Patricia Ervin, City Secretary B. Certificate of Appointment C. Election of Mayor Pro Tem (action item) Council Member John Kinnaird was selected to serve as Mayor Pro Tem. Administered Presented Motion on Appointment of Mayor Pro Tem Comments and Statements by Council Members All regular council meetings are broadcast LIVE on the Waco City Cable Channel (WCCC-10 TV), and can be viewed on-line on most computers, video phones and tablets. The meetings are replayed multiple times each week between meeting dates and can be replayed at any time from the WCCC-TV webpage on the City s website, Typically meetings are kept on-line for 2 3 months. DVD copies of meetings are available for purchase up to four months after a meeting date. DVD s are $3.00 and may be ordered from the Municipal Information Department at City Hall, 300 Austin Ave. Copies of audio cassettes and/or CD s are available for purchase through the City Secretary s Office at a cost of $1.00 each. ADJOURNMENT 6:43 P.M. NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING JUNE 4, THE OFFICIAL MINUTES FOR THIS MEETING SHOULD BE AVAILABLE FOR INSPECTION BY JUNE 5, PATRICIA W. ERVIN, TRMC CITY SECRETARY trish@ci.waco.tx.us (254) Page 6 of 6