I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Chris Boedeker, SMD 2 Mike Mann, SMD 3 John Warren, Mayor Pro Tem/SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney Ivy Peterson, City Secretary II. INVOCATION III. PLEDGE OF ALLEGIANCE
All of the following items on the Consent Agenda are considered to be routine and selfexplanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to the City Secretary prior to the beginning of the meeting. M1. CONSIDER MINUTES FOR THE MARCH 24, 2020 COUNCIL MEETING. RS1. CONSIDER A RESOLUTION AUTHORIZING 380 AGREEMENT WITH GARZA GROUP CUSTOM HOMES AND REAL ESTATE DEVELOPMENT, LLC FOR BUILDING REHABILITATION GRANT FOR 208 EAST CHAMBERS STREET IN THE AMOUNT OF $4,750 . RS2. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH HOMES MX2, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 606 ATLANTIC AVE; AS REPRESENTED BY MARTHA MIRANDA. RS3. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH VERDEGRIS VENTURES, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 429 SABINE AVENUE; REPRESENTED BY ROY HERNANDEZ . RS4. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH VERDEGRIS VENTURES, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 431 SABINE AVENUE; REPRESENTED BY ROY HERNANDEZ . RS5. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH VERDEGRIS VENTURES, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 433 SABINE AVENUE; REPRESENTED BY ROY HERNANDEZ. RS6. CONSIDER A RESOLUTION APPROVING THE APPOINTMENT OF THE HEALTH AUTHORITY FOR THE CITY OF CLEBURNE IN ACCORDANCE WITH SECTION 121.033 OF THE TEXAS HEALTH AND SAFETY CODE; APPROVING THE AGREEMENT BETWEEN THE CITY OF CLEBURNE AND DR. MICHELLE BEESON, M.D . FOR PROFESSIONAL SERVICES . OC1. CONSIDER ACCOUNTS PAYABLE FOR THE MONTH OF MARCH 2020. OC2. CONSIDER FINAL PLAT OF LOTS 1 - 10, BLOCK 1, OF NOLAN RIVER WEST, BEING ±137.34 ACRES IN THE CITY’S ETJ LOCATED APPROXIMATELY 2,070 FEET NORTH OF WOODARD AVENUE AND ON THE EAST SIDE OF CR 1227; AS REQUESTED BY DURHAM RENTAL PROPERTY LLC, REPRESENTED BY LARRY DURHAM, CASE PC20-007 .
CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE DECLARATION OF LOCAL DISASTER UNTIL APRIL 28, 2020, 11:59PM . Person presenting this item: Steve Polasek, City Manager BRIEF: On March 13, 2020, the Mayor executed a Declaration of Local Disaster (“Declaration”), for the City of Cleburne pursuant to Section 418.108(a) of the Texas Government Code, which is for a period of seven days. In order to extend the Declaration, the City Council must consent to an extension pursuant 418.108(b) of the Texas Government Code. The Council has approved extensions to the Declaration as follows: March 13, 2020 by RS03-2020-32 until March 29th at 11:59 p.m. March 24, 2020 by RS03-2020-35 until April 14th at 11:59 p.m. The City continues to take actions to promote health and safety, and suppress the spread of COVID-19 in the community. In doing so, staff has cancelled nonessential meetings until further notice. This resolution for your consideration is to extend the Declaration to the next regular council meeting date of April 28, 2020 at 11:59 p.m. central standard time.
CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH TEXAS MATERIALS GROUP, INC UTILIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH FOR THE 2020 ASPHALT MILL AND OVERLAY PROJECTS FOR AN AMOUNT NOT TO EXCEED 2,550,000 . Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: This agreement allows the City to use a third party contractor to perform large scale asphalt maintenance projects throughout the City. Streets that will receive work include: Blakney Street, Huron Street, East Kilpatrick Street, North Anglin Street, Westmeadow Drive, Honeysuckle Drive, Hummingbird Lane, Whitefish Drive, Turtledove Drive, North Hyde Park Boulevard, Blue Jay Drive, North Nolan River Road, Glenwood Drive, Poindexter Avenue, Faircrest Drive/Municipal Drive, Ramsey Street, Dale Street, Honeysuckle Court, Ivy Court, Meadowlark Drive, Hummingbird Lane, Robin Place, Cleveland Street, and Harlin Drive. The City of Fort Worth recently bid a similar contract at much larger quantities resulting in lower unit pricing. The City of Fort Worth contract was previously awarded to Texas Materials Group, Inc, TexasBit. The City of Cleburne, through the attached interlocal agreement with the City of Fort Worth, is able to utilize the unit prices from the Fort Worth contract with Texas Materials Group, Inc, TexasBit so that all state and local bidding requirements have been met. Funding is allocated for this project in General Capital Projects Fund (Fund 53) Streets – M&R Streets, Curbs, and Alleys account in the amount of $2,550,000. The current estimate for the project is $2,463,474.27 which allows for $86,525.73 to be available to address any field changes that may arise during construction.
CONSIDER AN ORDINANCE AMENDING TITLE V: PUBLIC WORKS, CHAPTER 51: WATER AND SEWERS AND TITLE IX: GENERAL REGULATIONS, CHAPTER 96: HEALTH AND SAFETY; PROVIDING FOR CHANGES IN PRETREATMENT STANDARDS, WASTE HAULING, ENFORCEMENT MEASURES AND OTHER GENERAL CHANGES FOR THE PURPOSE OF ENSURING PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITY . Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: The City of Cleburne has had a pretreatment program since 1983, with the latest amendment to the program occurred in 2006. The pretreatment program regulates industrial waste streams to prevent negative impacts that affect the wastewater plant. As with all programs, periodic updates are needed to remain effective at achieving the program goals. Staff has worked to update the pretreatment program with sensible modifications that will improve the overall functionality of the program. The proposed modifications, as required by federal rule, have been reviewed and approved by the Texas Commission on Environmental Quality (TCEQ). In order for the proposed modifications to be accepted they must be approved by City Ordinance. These proposed modifications to the Industrial Waste Ordinance (sections 51.070-51.086) will make the program more user friendly for permitted industries and the City’s Regulatory Authority. The modification include; updated forms, reorganized the permit for clarity, new definitions for industrial users, and added a pollutant waiver option. During the preparation of this amendment, other minor updates have been identified that are needed in the Waste Hauler (51.100-51.108) and Water Pollution Generally (96.04) Ordinances. The proposed ordinance addresses the needed updates with these three sections of the Code of Ordinances.
CONSIDER AN ORDINANCE WAIVING CERTAIN INTEREST ON LIENS FILED AGAINST 806 CHASE AVE; AS REQUESTED BY ADRIAN CHAVEZ . Person presenting this item: Ivy Peterson, City Secretary BRIEF: Mr. Adrian Chavez, owner of 806 Chase Avenue, aka Lot 5 Block 184, Original Cleburne, has requested a release of interest due for liens filed by the City so that it may be sold. The City filed a demolition and lot clearing lien against this property on September 18, 1990, and a mowing lien on January 19, 2012. Utilizing the services of Stewart Title North Texas of Cleburne, Mr. Chavez purchased the property on January 30, 2007, with the deed being recorded on February 1, 2007. The first lien was in place at the time of the purchase. According to the requestor, Stewart Title is unwilling to honor the title policy concerning the lien that was in place at the time of the purchase. A breakdown of the lien costs are as follows: Date Lien Filed Services Provided Principal Cost Interest thru 04/30/20 Total Due 9/18/90 Demolition & $450.00 $7,104.80 $7,554.80 Lot Clearing 1/19/12 Mowing $210.00 $251.41 $461.41 Total $660.00 $7,356.21 $8,016.21 The Johnson County Central Appraisal District lists the property at $10,000 valuation and according to the Johnson County Tax Office, the property taxes are current.
CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,975,000 . Person presenting this item: Troy Lestina, Director of Finance BRIEF: As a part of the March 2020 City Council workshop, the City Council requested staff to review the potential opportunity to refund any portion of the outstanding bonds of the City. The City consulted with the City’s Financial Advisor, Hilltop Securities, to determine the opportunity for any economic savings. Both 2009 series bonds were originally issued in April 2009 in the amount of $1,180,000 and $4,750,000, respectively. The outstanding interest rates range from 2.139% to 3.066%. The 2010 series bonds were issued in December 2012 in an amount that totaled $4,860,000, and has outstanding interest rates ranging from 4.00% to 4.25%. In looking at market conditions in mid-March 2020, there would be the opportunity to refund the outstanding bonds at a present value savings of $126,310 (3.03%) with an average annual savings of $15,915 (see attached prepared by the City’s Financial Advisor, Hilltop Securities, with financial information about the bond market and refunding of the outstanding bonds). The new debt would be level annual debt service, and there would be no extension of the original maturity in 2029. A benchmark of 3.00% in present value savings over the life of the issue was set as a target to move forward with the transaction. If market conditions would deteriorate to a level that a savings of a minimum of 3.00% in present value over the life of the issue could not be reached, it would be recommended to not move forward with the refunding. Jim Sabonis of Hilltop Securities will be available to review the preliminary refunding statistics with the City Council at its’ respective meeting.
I. CITY MANAGER’S UPDATE ON MUNICIPAL BUSINESS A. Discuss the City’s Financial Contingency Plan – Troy Lestina, Director of Finance B. Discuss Recycling Center Updates – Jeremy Hutt, Director of Public Works
I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Chris Boedeker, SMD 2 Mike Mann, SMD 3 John Warren, Mayor Pro Tem/SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney Ivy Peterson, City Secretary II. INVOCATION III. PLEDGE OF ALLEGIANCE
All of the following items on the Consent Agenda are considered to be routine and selfexplanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to the City Secretary prior to the beginning of the meeting. M1. CONSIDER MINUTES FOR THE MARCH 24, 2020 COUNCIL MEETING. RS1. CONSIDER A RESOLUTION AUTHORIZING 380 AGREEMENT WITH GARZA GROUP CUSTOM HOMES AND REAL ESTATE DEVELOPMENT, LLC FOR BUILDING REHABILITATION GRANT FOR 208 EAST CHAMBERS STREET IN THE AMOUNT OF $4,750 . RS2. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH HOMES MX2, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 606 ATLANTIC AVE; AS REPRESENTED BY MARTHA MIRANDA. RS3. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH VERDEGRIS VENTURES, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 429 SABINE AVENUE; REPRESENTED BY ROY HERNANDEZ . RS4. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH VERDEGRIS VENTURES, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 431 SABINE AVENUE; REPRESENTED BY ROY HERNANDEZ . RS5. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH VERDEGRIS VENTURES, LLC TO REIMBURSE AN AMOUNT EQUAL TO ASSESSED AND COLLECTED IMPACT FEES NOT TO EXCEED $4,000 FOR CONSTRUCTION OF NEW HOME LOCATED AT 433 SABINE AVENUE; REPRESENTED BY ROY HERNANDEZ. RS6. CONSIDER A RESOLUTION APPROVING THE APPOINTMENT OF THE HEALTH AUTHORITY FOR THE CITY OF CLEBURNE IN ACCORDANCE WITH SECTION 121.033 OF THE TEXAS HEALTH AND SAFETY CODE; APPROVING THE AGREEMENT BETWEEN THE CITY OF CLEBURNE AND DR. MICHELLE BEESON, M.D . FOR PROFESSIONAL SERVICES . OC1. CONSIDER ACCOUNTS PAYABLE FOR THE MONTH OF MARCH 2020. OC2. CONSIDER FINAL PLAT OF LOTS 1 - 10, BLOCK 1, OF NOLAN RIVER WEST, BEING ±137.34 ACRES IN THE CITY’S ETJ LOCATED APPROXIMATELY 2,070 FEET NORTH OF WOODARD AVENUE AND ON THE EAST SIDE OF CR 1227; AS REQUESTED BY DURHAM RENTAL PROPERTY LLC, REPRESENTED BY LARRY DURHAM, CASE PC20-007 .
CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE DECLARATION OF LOCAL DISASTER UNTIL APRIL 28, 2020, 11:59PM . Person presenting this item: Steve Polasek, City Manager BRIEF: On March 13, 2020, the Mayor executed a Declaration of Local Disaster (“Declaration”), for the City of Cleburne pursuant to Section 418.108(a) of the Texas Government Code, which is for a period of seven days. In order to extend the Declaration, the City Council must consent to an extension pursuant 418.108(b) of the Texas Government Code. The Council has approved extensions to the Declaration as follows: March 13, 2020 by RS03-2020-32 until March 29th at 11:59 p.m. March 24, 2020 by RS03-2020-35 until April 14th at 11:59 p.m. The City continues to take actions to promote health and safety, and suppress the spread of COVID-19 in the community. In doing so, staff has cancelled nonessential meetings until further notice. This resolution for your consideration is to extend the Declaration to the next regular council meeting date of April 28, 2020 at 11:59 p.m. central standard time.
CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH TEXAS MATERIALS GROUP, INC UTILIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH FOR THE 2020 ASPHALT MILL AND OVERLAY PROJECTS FOR AN AMOUNT NOT TO EXCEED 2,550,000 . Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: This agreement allows the City to use a third party contractor to perform large scale asphalt maintenance projects throughout the City. Streets that will receive work include: Blakney Street, Huron Street, East Kilpatrick Street, North Anglin Street, Westmeadow Drive, Honeysuckle Drive, Hummingbird Lane, Whitefish Drive, Turtledove Drive, North Hyde Park Boulevard, Blue Jay Drive, North Nolan River Road, Glenwood Drive, Poindexter Avenue, Faircrest Drive/Municipal Drive, Ramsey Street, Dale Street, Honeysuckle Court, Ivy Court, Meadowlark Drive, Hummingbird Lane, Robin Place, Cleveland Street, and Harlin Drive. The City of Fort Worth recently bid a similar contract at much larger quantities resulting in lower unit pricing. The City of Fort Worth contract was previously awarded to Texas Materials Group, Inc, TexasBit. The City of Cleburne, through the attached interlocal agreement with the City of Fort Worth, is able to utilize the unit prices from the Fort Worth contract with Texas Materials Group, Inc, TexasBit so that all state and local bidding requirements have been met. Funding is allocated for this project in General Capital Projects Fund (Fund 53) Streets – M&R Streets, Curbs, and Alleys account in the amount of $2,550,000. The current estimate for the project is $2,463,474.27 which allows for $86,525.73 to be available to address any field changes that may arise during construction.
CONSIDER AN ORDINANCE AMENDING TITLE V: PUBLIC WORKS, CHAPTER 51: WATER AND SEWERS AND TITLE IX: GENERAL REGULATIONS, CHAPTER 96: HEALTH AND SAFETY; PROVIDING FOR CHANGES IN PRETREATMENT STANDARDS, WASTE HAULING, ENFORCEMENT MEASURES AND OTHER GENERAL CHANGES FOR THE PURPOSE OF ENSURING PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITY . Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: The City of Cleburne has had a pretreatment program since 1983, with the latest amendment to the program occurred in 2006. The pretreatment program regulates industrial waste streams to prevent negative impacts that affect the wastewater plant. As with all programs, periodic updates are needed to remain effective at achieving the program goals. Staff has worked to update the pretreatment program with sensible modifications that will improve the overall functionality of the program. The proposed modifications, as required by federal rule, have been reviewed and approved by the Texas Commission on Environmental Quality (TCEQ). In order for the proposed modifications to be accepted they must be approved by City Ordinance. These proposed modifications to the Industrial Waste Ordinance (sections 51.070-51.086) will make the program more user friendly for permitted industries and the City’s Regulatory Authority. The modification include; updated forms, reorganized the permit for clarity, new definitions for industrial users, and added a pollutant waiver option. During the preparation of this amendment, other minor updates have been identified that are needed in the Waste Hauler (51.100-51.108) and Water Pollution Generally (96.04) Ordinances. The proposed ordinance addresses the needed updates with these three sections of the Code of Ordinances.
CONSIDER AN ORDINANCE WAIVING CERTAIN INTEREST ON LIENS FILED AGAINST 806 CHASE AVE; AS REQUESTED BY ADRIAN CHAVEZ . Person presenting this item: Ivy Peterson, City Secretary BRIEF: Mr. Adrian Chavez, owner of 806 Chase Avenue, aka Lot 5 Block 184, Original Cleburne, has requested a release of interest due for liens filed by the City so that it may be sold. The City filed a demolition and lot clearing lien against this property on September 18, 1990, and a mowing lien on January 19, 2012. Utilizing the services of Stewart Title North Texas of Cleburne, Mr. Chavez purchased the property on January 30, 2007, with the deed being recorded on February 1, 2007. The first lien was in place at the time of the purchase. According to the requestor, Stewart Title is unwilling to honor the title policy concerning the lien that was in place at the time of the purchase. A breakdown of the lien costs are as follows: Date Lien Filed Services Provided Principal Cost Interest thru 04/30/20 Total Due 9/18/90 Demolition & $450.00 $7,104.80 $7,554.80 Lot Clearing 1/19/12 Mowing $210.00 $251.41 $461.41 Total $660.00 $7,356.21 $8,016.21 The Johnson County Central Appraisal District lists the property at $10,000 valuation and according to the Johnson County Tax Office, the property taxes are current.
CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,975,000 . Person presenting this item: Troy Lestina, Director of Finance BRIEF: As a part of the March 2020 City Council workshop, the City Council requested staff to review the potential opportunity to refund any portion of the outstanding bonds of the City. The City consulted with the City’s Financial Advisor, Hilltop Securities, to determine the opportunity for any economic savings. Both 2009 series bonds were originally issued in April 2009 in the amount of $1,180,000 and $4,750,000, respectively. The outstanding interest rates range from 2.139% to 3.066%. The 2010 series bonds were issued in December 2012 in an amount that totaled $4,860,000, and has outstanding interest rates ranging from 4.00% to 4.25%. In looking at market conditions in mid-March 2020, there would be the opportunity to refund the outstanding bonds at a present value savings of $126,310 (3.03%) with an average annual savings of $15,915 (see attached prepared by the City’s Financial Advisor, Hilltop Securities, with financial information about the bond market and refunding of the outstanding bonds). The new debt would be level annual debt service, and there would be no extension of the original maturity in 2029. A benchmark of 3.00% in present value savings over the life of the issue was set as a target to move forward with the transaction. If market conditions would deteriorate to a level that a savings of a minimum of 3.00% in present value over the life of the issue could not be reached, it would be recommended to not move forward with the refunding. Jim Sabonis of Hilltop Securities will be available to review the preliminary refunding statistics with the City Council at its’ respective meeting.
I. CITY MANAGER’S UPDATE ON MUNICIPAL BUSINESS A. Discuss the City’s Financial Contingency Plan – Troy Lestina, Director of Finance B. Discuss Recycling Center Updates – Jeremy Hutt, Director of Public Works