CITY OF WACO. City of Waco Page 1 Updated :43 AM CALL TO ORDER

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1 CITY OF WACO WACO CITY COUNCIL MEETING MINUTES SEPTEMBER 1, :00 PM TO 6:27 PM WACO CONVENTION CENTER TEXAS ROOM SOUTH 116 & 117 TEXAS ROOM SOUTH #116 AND #117, 100 WASHINGTON AVE, WACO, TX CALL TO ORDER Attendee Name Tide Status Arrived Malcolm Dun~~~J!.~.. r:1~yor Present Wilbert Austin Mayor Pro Tem~ Distri~t I Present Alice Rodrigtlez Council Member, District II Present John Kinnaird Council Member, D~strict III Present Dillon Meek, Council Member, District IV Present K Ie Deaver Council Member, District V Late 3:03 PM LaRaine DuPuy, Vice-Chair Plan Commission, convened a meeting of the Waco Plan Commission. Plan Commission Members Present: Joe Mayfield, LaRaine DuPuy, Norma Johnson, Andrew Lopez,Joshua Carter, Peter Ellis, Libby Cain, and Reggie Richardson WORK SESSION WS Report of the City Manager: a. Changes in the Council Agenda; b. Informal Report Property Sales; c. Informal Report - Seley Park Contract Extension; d. Informal Report Barron's Branch Culvert Repair Project Update; e. Informal Report - Projected City Council Fall Retreat; f. Update on Emergency Repairs to Utilities at Martin Luther King Jr. Blvd. and Herring Ave.; g. Project Organizational Updates and Recognition of Employee(s); h. Recent and Upcoming Community Events; and i. Review ofbusiness Session Agenda. Dale Fisseler, City Manager, discussed the City Manager report and reviewed the Business Session agenda. Mr. Fisseler introduced John Williams, Director of Parks and Recreation and thanked Peggy McCart for serving as interim. RES & Waco Metropolitan Area Regional Sewage System Cottonwood Interceptor Rehabilitation project and hauling services Council asked staff to research any available discounts. RES Prosper Waco Council discussed the progress ofprosper Waco and Mayor Duncan said he would continue to update the Council on their progress. RES Homeland Security Grant Council asked staff to report on the Heart oftexas Council of Government's indirect cost and total administration fees related to the grant. RES Purchase ofequipment under the cooperative purchasing agreement Council discussed the purchase of the six 2016 Ford trucks and asked staff to consider the purchase of heavier duty trucks. City of Waco Page 1 Updated :43 AM

2 ITEM NO. WS DISCUSSED Plan Commission/ City Council Joint Meeting -Comprehensive Plan Update Bill Falco, consultant, Clint Peters, Director of Planning, and Chris Evilla, Director of Metropolitan Planning Organization, provided an update on the City of Waco Comprehensive Plan. Presentation and copy of the draft City Plan is on file in the City Secretary's Office. The Comprehensive Plan is also referred to as The City Plan and focuses on sustainable development. The presentation included initial citizen participation and issues that were considered in The City Plan. The presentation reviewed the goals and objectives, economic development, growth management, transportation, utilities, housing, livability, environment and implementation of the plan. The City Plan is still in draft form and there will be several opportunities for public input. The City Plan is available on the City Web site and several meetings are planned for input. Discussion included educations impact on sustainability, connection between Prosper Waco and The City Plan, feasibility of impact fees, and proposed zoning changes. Staff was asked to correct dates of public meeting on the Web Site. Other discussion included: land use plan and concern with current planning for development new annexation for existing land and development examining the benefit of new development and create a model for making decisions Reggie Richardson, Plan Commission, thanked the staff for their assistance on The City Plan. Council asked staff to schedule a discussion on code enforcement for the Fall Council Retreat. WS Council requests for Scheduling of Future Agenda Items. None EXECUTIVE SESSION - TEXAS ROOM SOUTH #118 Mayor Duncan recessed the meeting to the following Executive Session at 4:56 P.M. and LaRaine DuPuy adjourned the Plan Commission. Notice was given that the City Council would go into Executive Session in accordance with the following prmrisions: 1. Attorney Briefings (Texas Open Meetings Act Sec ): City of Waco Page 2 Updated :43 AM

3 ITEM NO. a. City of Waco, Texas v. Yvonne Rochelle and Larry Rochelle, Cause No CV1, pending in County Court at Law No.1, McLennan County, Texas; b. Allen Thompson v. City of Waco, Texas, Cause No. W12-CA-048, pending in the United States District Court for the Western District oftexas; c. Collective Bargaining Agreement meetings between the City of Waco, Texas, and Local 478 of the International Association of Fire Fighters; d. Meet and confer agreement meetings between the City of Waco, Texas, and the Waco Police Association; e. Barron's Branch Culvert Repair Project; 2. Real Property (Texas Open Meetings Act Sec ); and 3. Economic Development (Texas Open Meetings Act Sec ); and 4. Personnel (Texas Open Meetings Act Sec ): a. City Manager Dale Fisseler; and b. City Attorney Jennifer Richie. Mayor Duncan reconvened the following Business Session at 6:06 P.M. BUSINESS SESSION - BOSQUE THEATER PLEDGE OF ALLEGIANCE MINUTES City Council- Regular Meeting August 18,2015 City Council Special Meeting - August 25,2015 PROCLAMATIONS/PRESENTATIONS/SPECIAL RECOGNITION PUBLIC HEARING PH Conduct a public hearing and consider an ordinance approving and adopting an Updated Service and Assessment Plan including the Assessment Roll for providing improvements and/or services in Waco Public Improvement District Number One during Fiscal Year FIRST READING Melett Harrison, Deputy Director of Housing and Economic Development, made staff presentation. Mayor Duncan opened a public hearing. Sandy Jameson, 3011 Rockbridge Rd. (57), spoke in opposition. Mayor Duncan closed the public hearing. City of Waco Page 3 Updated :43 AM

4 litem NO. APPROVED [3 TO 0] Wilbert Austin, Mayor Pro Tem, District I, motion to approve Alice Rodriguez, Council Member, District II Duncan]r., Austin, Rodriguez DISQUALIFIED: Kinnaird, Meek, Deaver PH-201S-S00 Conduct a public hearing and consider an ordinance approving and adopting an Updated Service and Assessment Plan including the Assessment Roll for providing bond payments on the infrastructure improvements in Waco Public Improvement District Number Two during Fiscal Year FIRST READING Melett Hamson, Deputy Director of Housing and Economic Development, made staff presentation. Mayor Duncan opened a public hearing. No one spoke for or against this item. Mayor Duncan closed the public hearing. Dillon Meek, Council Member, District IV, motion to approve John Kinnaird, Council Member, District III Duncan]r., Austin, Rodriguez, Kinnaird, Meek, Deaver HEARING OF ANY VISITOR CONCERNING CITY BUSINESS Mayor Duncan opened a hearing of visitors. No one appeared. Mayor Duncan dosed the hearing of visitors. CONSENT AGENDA Agenda Numbers RES l through RES , except RES require no formal public hearing and were approved in a single motion. RES-201S-S01 Consider a resolution authorizing the expenditure of an additional amount not to exceed $5,000 (bringing the total to an amount not to exceed $741,740.00) for third party administrative services by Blue Cross Blue Shield of Texas, Dallas, Texas, for a selffunded health and prescription insurance plan for FY and authorizing the City Manager to execute any documents necessary in connection therewith. RES-201S-S02 Consider a resolution authorizing an agreement with HM Life Insurance Company, Pittsburgh, PA, to provide stop loss coverage for a self-funded health and prescription insurance plan in an amount not to exceed $694, for FY and authorizing the City Manager to execute any documents necessary in connection therewith. RES-201S-S03 Consider a resolution authorizing an agreement with AS&G Claims Administration, Houston, for a term of one year with four 12-month renewal options, to provide City of Waco Page 4 Updated :43 AM

5 Minutes ITEM NO. City Council September 1, 2015 Workers' Compensation Third Party Administration Services in an amount not to exceed $73,900.00, for Fiscal Year , and authorizing the City Manager to execute any other documents necessary in connection therewith. RES-201S-S04 Consider a resolution authorizing an agreement with MIM Recognition Corporation, Oklahoma City, OK, for a term of one year with four 12-month renewal options, to provide service awards and retirement gifts in an amount not to exceed $30,000.00, for Fiscal Year , and authorizing the City Manager to execute any other documents necessary in connection therewith. RES-2015-S0S Consider a resolution approving the purchase of a CUES Base Station Portable Closed Circuit Television Video (CCTV) System from ELXSI d/b/a CUES, Inc, Orlando, Florida, under an existing cooperative agreement with Houston-Galveston Area Council, in an amount not to exceed $83,700.00, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES-2015-S06 Consider a resolution approving the purchase of tires and tire repairs as needed through existing State oftexas cooperative purchasing contracts and/or from vendors of vehicle tires ofvarious sizes and types during FY 2015/16 in an amount not to exceed S500, and authorizing the City Manager to execute all documents required to complete these transactions. RES-201S-S07 Consider a resolution authorizing the City Manager to purchase bulk diesel and unleaded fuels under the existing supply contracts with RKA Petroleum Companies, Inc., Romulus, Michigan, in an amount not to exceed $4,773, in FY and to execute all documents necessary to complete these transactions. RES-20tS-SOS Consider a resolution authorizing purchases from existing service contracts for the towing of City vehicles from Incident Management oftexas, LLC., d/b/a Tow King of Waco, Waco, Texas and Waco Towing and Wrecker Service, Waco, Texas in an amount not to exceed $70, during FY and authorizing the City Manager to execute all documents necessary to complete these transactions. RES-201S-S09 Consider a resolution authorizing the City Manager to purchase automotive oils and fluids through existing State of Texas contracts and/or other approved purchasing cooperatives in FY in an amount not to exceed $197, and to execute all documents necessary to complete these transactions. RES-20tS-Sl0 Consider a resolution (1) approving an amendment to the contract with Andritz Separation Inc., Arlington, Texas, for the Waco Metropolitan Area Regional Sewerage System (WMARSS) Biosolids Dryer Phase Two Upgrade Project to include the Furnace Replacement Project, thereby increasing the original contract amount from $414, City of Waco Page 5 Updated 9/11/20158:43 AM

6 Minutes ITEM NO. City Council September 1, 2015 to S625,594.20, (2) authorizing an amendment to each Project Agreement (with each Wl\1ARSS partner City) for Project funds, (3) authorizing the City Manager to spend an increased amount from $339, to $513, as Waco's share of the Project, and (4) authorizing the City Manager to execute all documents necessary to complete these transactions. RES Consider a resolution (1) awarding a contract to Whitestone Civil Construction, LLC, Cedar Park, Texas, for the Waco Metropolitan Area Regional Sewerage System (\V'MARSS) Cottonwood Interceptor Rehabilitation Project, in an amount not to exceed $284,494.00, (2) authorizing the City Manager to execute a Project Agreement with each WMARSS partner City for Project funds, (3) authorizing the City Manager to spend an amount not to exceed $233, as the City of Waco's share of the Project, and (4) authorizing the City Manager to execute all documents necessary to complete these transactions. RES Consider a resolution (1) approving the award of a hauling services contract for removal of 728,000 gallons of Class B bio-solids per year for the Waco Metropolitan Area Regional Sewerage System (\VMARSS) to Biosolids Management Group, Boone, Iowa, lowest responsible bidder, (2) authorizing expenditures under said contract of an amount not to exceed $58, during FY , and (3) authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution authorizing a contract with Entech Sales and Service, Inc., Dallas, Texas, lowest responsible bidder, for the Dissolved Air Flotation (DAF) Chiller Project, in an amount not to exceed $296,605.00, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution approving a change order to the contract for engineering services with Walker Partners, Waco, Texas, for the Gholson Road Pump Station Project, to increase the original contract amount from $49, to $75,500.00, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution approving a one year contract with the Greater Waco Collective Impact Initiative, otherwise known as Prosper Waco, for a new initiative targeting local college student retention and in the amount of up to $27,500.00; authorizing the expenditure of $24, in Fiscal Year ; and authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution authorizing the renewal of the existing interlocal agreement between the City ofwaco and McLennan County for the operation and maintenance of the On-Site Sewage Facilities program under the Waco-McLennan County Public Health District during Fiscal Year and authorizing the City Manager to execute any documents necessary to complete this transaction. City of Waco Page 6 Updated 9/11/20158:43 AM

7 Minutes ITEM NO. City Council September 1, 2015 RES Consider a resolution ratifying the submission of an application to the Texas Department of State Health Services (DSHS) for a Tuberculosis Prevention Program grant in the amount of $33, for the period January 1, 2016 through December 31, 2016 and authorizing the City l.1anager to execute any documents necessary for the acceptance and administration of the grant, including any grant allotment adjustments and increases and to provide any required information. RES S Consider a resolution approving an agreement with Financial Investigations & Reimbursement Management, Inc. for a term of one year with automatic annual renewals unless terminated by either party, to provide governmental and private insurance claim filing and patient billing services to the Waco-McLennan County Public Health District, and authorizing the City 1.1anager to execute the agreement and any other documents necessary to complete the transaction. RES-2015-S19 Consider a resolution authorizing the City Manager to utilize the competitive sealed proposal procedure for the purchase of heavy truck/equipment preventative maintenance services because this method provides the best value for the City ofwaco. RES-201S-520 Consider a resolution awarding a one year contract (with two renewal options) to Loomis Armored US, LLC., Houston, Texas, to provide armored car services for various City ofwaco locations, authorizing expenditures for FY in an amount not to exceed $3,805.48, and authorizing the City Manager to execute any other documents necessary in connection therewith. RES Consider a resolution approving a one-year contract with The Lamar Companies for the lease of seven billboards at various locations along I -35 to promote the Texas Ranger Hall of Fame and Museum, the Texas Sports Hall of Fame, and the Cameron Park Zoo in an amount not to exceed $105, and authorizing the City Manager to execute any documents necessary to complete the transaction. RES Consider a resolution awarding a contract for planning, design, fabrication and installation of an 1-35 Highway sign and an access road entrance monument for the Texas Ranger Hall of Fame and Museum to Tangram Design, LLC ofdenver, Colorado in an amount not to exceed $150, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES-2015-S23 Consider a resolution ratifying the e-grant application of the Governor's Division of Emergency Management Homeland Security Grant Program in the amount of $64, for the purchase of equipment to support emergency operation center coordination and volunteer programs, and authorizing the City Manager to accept and execute any document in connection therewith and/or furnish additional City of Waco Page 7 Updated :43 AM

8 ITEM NO. information/documentation as is deemed necessary for implementation of said program and related matters. RES Consider a resolution authorizing First Amended Agreements to Contribute Right of Way Funds with the State oftexas, acting through the Texas Department of Transportation, concerning the City's required contribution for projects for highway improvements on FM 1637 from Lake Shore Drive to PM 3051, FM 1637 from FM 3051 to FM 185, and U.S. Highway 84 at Speegleville Road, which provide that additional payments are to be made by the City upon execution of the agreements on or before July 1 of each year beginning in 2016 and ending in 2021, and which provide that the total amount of all such additional payments shall be $994,739.89, and authorizing the City Manager to execute all documents necessary to complete these transactions. RES Consider a resolution authorizing the City Manager to execute a Memorandum of Understanding between Baylor University and the City of Waco for law enforcement mutual aid / assistance and any necessary documents connected therewith. RES Consider a resolution authorizing the sale of the tax foreclosed property located at 501 N. 10th Street, Waco, Texas, by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to Brandon Michael Warford for the total amount of $2, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution authorizing the sale of the tax foreclosed property located at 1105 S. 10th Street, Waco, Texas, by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to 11th Street Partners, LP for the total amount of $25, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution authorizing the sale of the tax foreclosed property located at 1020 Dutton Avenue, Waco, Texas, by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to 11th Street Partners, LP for the total amount of S80, and authorizing the City Manager to execute all documents necessary to complete this transaction. RES Consider a resolution authorizing the sale of the tax foreclosed property located at 808 Earle Avenue, \'Vaco, Texas, by direct sale in accordance with the City of Waco Sale of City-Owned Property Policy to Oliver Wendell Broadus for the total amount of $1, and authorizing the City Manager to execute all documents necessary to complete this transaction RES Consider a resolution authorizing the sale of the tax foreclosed property located at 821 C;ty of Waco Page 8 Updated :43 AM

9 Avenue, Waco, with the City of Waco Sale of City-Owned Property Policy to Oliver Wendell Broadus for the total amount of $1, and authorizing the City Manager to execute all documents necessary to complete this transaction. APPROVED CONSENT [UNANIMOUS] John Kinnaird, Council Member, District III, motion to approve consent agenda Wilbert Austin, Mayor Pro Tern, District I DuncanJr., Austin, Rodriguez, Kinnaird, Meek, Deaver RESOLUTIONS RES Consider a resolution approving the purchase of the following equipment under cooperative purchasing agreements with BuyBoard or the Houston-Galveston Area Council (HGAC) in an amount not to exceed $1,249,888.70, and authorizing the City Manager to execute all documents necessary to complete these transactions: (a) Four 2016 Chevrolet Tahoe Police Package Vehicles from Caldwell Country Chevrolet, Caldwell, in an amount not to exceed $179, total through BuyBoard; (b) Four 2015 Chevrolet Extended Cab Pickups from Caldwell Country Chevrolet, Caldwell, IX, in an amount not to exceed $95, total through BuyBoard; (c) One 2016 Dozer from Holt Cat, Waco, TX, in an amount not to exceed $93, total through BuyBoard; (d) Six 2016 Ford trucks from Silsbee Ford, Silsbee, TX, in an amount not to exceed $396, total through BuyBoard; (e) One 2016 Sewer truck from Houston Freightliner, Houston, TX, in an amount not to exceed $309, total through HGAC; (f) One 2015 Crew truck from Houston Freightliner, Houston, TX, in an amount not to exceed $82, total through HGAC; and (g) One 2015 Dump truck from Houston Freightliner, Houston, TX, in an amount not to exceed $93, total through HGAC. APPROVED [UNANIMOUS] Kyle Deaver, Council Member, District V, motion to approve with the deletion of subsection (d) Dillon Meek, Council Member, District IV ORDINANCES ORD Consider an ordinance setting a tax rate of $ ($ to fund maintenance and operations expenditures and $ to pay debt service) on each $ of assessed valuation of property for Fiscal Year and matters related thereto. EMERGENCY. City of Waco Page 9 Updated 9/11/2015 8:43 AM

10 I ITEM NO. I APPROVED ON EMERGENCY FIRST RE [UNANIMOUS] Dillon Meek, Council Member, District IV, motion that the property tax rate be I increased by the adoption of a tax: rate of , which is effectively a 3.31 percent increase in the tax rate. Kyle Deaver, Council Member, District V I ORD Consider an ordinance setting a tax rate of $ ($ to fund maintenance and operations expenditures and $ to pay debt service) on each $ of assessed valuation of property for Fiscal Year and matters related thereto. EMERGENCY. APPROVED ON EMERGENCY SECOND [UNANIMOUS] John Kinnaird, Council Member, District III, motion that the property tax rate be increased by the adoption of a tax rate of , which is a effectively a 3.31 percent increase in the tax rate. Dillon Meek, Council Member, District IV ORD Consider an ordinance to rezone from M-2 to C-2 on property described as Lots 14A, 16A, & A12, Block C, Hubert Tract, known as 327.Hillsboro Drive and 321 Hatton Street. (Case Z-1S-28 Jose Morales) SECOND READING APPROVED ON SECOND READING [UNANIMOUS] Wilbert Austin, Mayor Pro Tem, District I, motion to approve Ordinance Kyle Deaver, Council Member, District V ORD Consider an ordinance to rezone from M-2 to C-2 on property described as a acre tract oeland, being part of the T.]. Chambers Grant, Abstract No.7, known as 5045 Franklin Avenue. (Case Z Scott Salmons/WRS Group Ltd.) SECOND READING ORD APPROVED ON SECOND READING [UNANIMOUS] John Kinnaird, Council Member, District III, motion to approve Ordinance Dillon Meek, Council Member, District IV Consider an ordinance to change the land use designation from High Density Residential to High Quality, Very Light Industrial and to rezone from 0-2 to M-2 on property described as Lot 14, Block 3,]. T. Walton Subdivision, known as a portion of 910 Webster Avenue. (Case Z Sterling Thompson) SECOND READING City of Waco Page 10 Updated 9/11/20158:43 AM

11 litem NO. I I APPROVED ON SECOND READING [UNANIMOUS] Kyle Deaver, Council Member, District V, motion to approve Ordinance Wilbert Austin, Mayor Pro Tem, District I ORD Consider an ordinance to rezone from C-3 to 0-3 on property described as Lots 12,11, 10, & 9, Block P, Beall Tract, known as 501, 503, 511, & 513 N. 10th Street. (Case Z City of Waco) SECOND READING ORD APPROVED ON SECOND READING [UNANIMOUS] Wilbert Austin, Mayor Pro Tem, District I, motion to approve Ordinance John Kinnaird, Council Member, District III DuncanJr., Austin, Rodriguez, Kinnaird, Meek, Deaver Consider an ordinance to abandon a portion of Circle Road described as a acre tract ofland located in the Thomas J. Chambers Survey, Abstract 7, in the City of Waco, McLennan County, Texas, and a portion of South 25th Street described as a acre tract oeland located in the Thomas J. Chambers Survey, Abstract 7, in the City of Waco, McLennan County, Texas. (ABD-15-7 City of Waco) SECOND READING ORD APPROVED ON SECOND READING [UNANIMOUS] Alice Rodriguez, Council Member, District II, motion to approve Ordinance Wilbert Austin, Mayor Pro Tem, District I Consider an ordinance to approve Baylor University's enforcement of traffic laws of Chapter 545 of the Texas Transportation Code restricting or prohibiting the operation or movement of vehicles on roads of Baylor University. FIRST READING APPROVED ON FIRST READING [UNANIMOUS] Alice Rodriguez, Council Member, District II, motion to approve Ordinance John Kinnaird, Council Member, District III COUNCIL REPORTS Council Member Reports on Committees and Boards and Commissions Liaison Visits None. THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 6:27 P.M. Otyof Woco Page 11 Updoted 9/11/20158:43 AM

12 litem NO. ATTEST: ft,~l al~ Esmeralda Hudson City Secretary APPROVED BY COUNCIL: SEPTEMBER City of Waco Page 12 Updated :43 AM