I. ROLL CALL AND CALL TO ORDER BY MAYOR@ City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Gayle White, SMD 2 Dale Sturgeon, Mayor Pro Tem John Warren, SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney II. INVOCATION by Pastor Todd Barham, Hope Church III. PLEDGE OF ALLEGIANCE
All of the following items on the Consent Agenda are considered to be routine and self-explanatory 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. APPROVAL OF MINUTES FOR THE JANUARY 22, 2019 COUNCIL MEETING. RS1. A RESOLUTION APPROVING THE CITY OF CLEBURNE’S QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING DECEMBER 31, 2018. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 2256.023 of the Texas Government Code states that a written quarterly investment report must be prepared by the investment officer and submitted to the governing body. For the quarter ended December 31, 2018, the City invested solely in four local government investment pools (LOGIC, Texas Class, TexPool, and TexSTAR), and included in the investment report are the newsletters from each of the pools that provides information on their average yield, net asset value, weighted average maturity, and portfolio composition at the end of the reporting quarter. At December 31, 2018, there was $73,615,363 invested in the four pools with total quarterly interest income of $423,051. The percentage allocation by investment pool at December 31, 2018 is LOGIC: 33.32%, Texas Class: 33.23%, TexPool: 9.82%, and TexSTAR: 24.63%. RS2. A RESOLUTION ADOPTING THE REVISED PREVAILING WAGE RATES FOR 2019 FOR THE CITY OF CLEBURNE PUBLIC WORKS CONSTRUCTION PROJECTS. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 2258 of the Texas Government Code states that a worker employed on a public work by a municipality shall be paid not less than the current prevailing rate of wages for work of a similar character in the locality in which the work is performed. The Department of Labor in accordance with the Davis-Bacon Act performs regular surveys to determine the current prevailing wage rates. Updated survey results for Johnson County, Texas were issued by the Department of Labor for 2019. RS3. A RESOLUTION AUTHORIZING RENEWAL OF INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS EMERGENCY COMMUNICATIONS DISTRICT FOR REGIONAL 911 SERVICE. Person presenting this item: Rob Severance, Chief of Police BRIEF: This Interlocal contract is pursuant to Texas Government Code Chapter 791 so that it can operate and maintain its PSAPs (Public Safety Answering Points), upgrade 9-1-1 equipment and train its personnel to participate in the Next Generation 9-1-1 emergency communications system in the District. Previously, the City of Cleburne executed two-year agreements. Since the North Central Texas Council of Government’s 9-1-1 Program became the North Central Texas Emergency Communications District, it requires a new agreement. The term of the new agreement includes service until September 30, 2019. Afterwards, two-year agreements will be executed going forward. RS4. A RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH JOHNSON COUNTY FORMALIZING A COST SHARING AGREEMENT FOR LEGAL EXPENSES RELATING TO ENVIRONMENTAL LAWSUITS. Person presenting this item: Steve Polasek, City Manager BRIEF: The City and County are currently engaged in lawsuits with regard to the protection of our water supply and lands from environmental hazards. The City has retained the law firm of Lloyd, Gosselink, Rochelle, & Townsend, P.C. to represent City in litigation and the County has authorized the County Attorney on behalf of the County to join and assist the law firm in this litigation. In order to protect the health, safety and welfare of our citizens, the City and County are committed to partner in our efforts to complete the litigation listed below, as well as any additional litigation that may ensue. Cause No. D-1-GN-16-005692, City of Cleburne, Texas and Johnson County, Texas vs. Texas Commission on Environmental Quality, in the 126th District Court, Travis County, Texas, and said cause is on appeal to the Third Court of Appeals in Austin, Texas in Cause No. 03-18-00711-CV Cause No. D-1-GN-005686, City of Cleburne, Texas and Johnson County, Texas vs. Texas Commission Environmental Quality, in the 353rd District Court of Travis County, Texas Cause No. DC-C201800880, City of Cleburne, Texas and Johnson County, Texas vs. Harrington Environmental Services, LLC, in the 18th District Court, Johnson County, Texas The City and County each desire to use our respective financial resources to share in the costs associated with the litigation listed; however, the City and County have not previously formalized the cost sharing commitments. To date, all legal expenses from Lloyd Gosselink have been paid by the City. By entering into this MOU, the City would receive reimbursement from the County for their portion of previously billed legal expenses, as well as legal expenses going forward. In general, the proposed MOU memorializes the financial commitment of fifty percent for each entity (including County Attorney costs), City oversight of billing and invoicing, reimbursement schedule (quarterly), and ability to review, revise and terminate the MOU. OR1. AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2018 TO SEPTEMBER 30, 2019 (#2) BY APPROVING CITY MANAGER’S LINE ITEM BUDGET TRANSFERS. Person presenting this item: Terry Leake, Director of Finance BRIEF: Section 8.2 of the City of Cleburne Charter (Transfer of Appropriations) states “The City Manager may at any time with the approval of the City Council transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, or agency. At the request of the City Manager, the Council may transfer any unencumbered appropriation balance or portion thereof from one office, department, or agency to another.” At the June 13, 2017 City Council meeting, Council approved a resolution providing for the following process to improve budgetary control and operational effectiveness within a department and meet the above charter requirements: City Council authorizes the City Manager to make transfers within budget line items that are within a department, as deemed appropriate by the City Manager. The City Manager will provide to the City Council a monthly statement of these intradepartmental line item budget transfers as a Consent agenda item. Included in the backup are the intradepartmental transfers with the supporting Departmental Line Item Budget Transfer Request forms for the month of February 2019. This transfer is deemed appropriate to be made by the City Manager for City Council approval. The transfers are as follows: Building Maintenance - transfer funds to cover the expenses related to purchase of Christmas lighting and decorations in Other Supplies (0161-8399 - $2,650) Water Collection – transfer funds related to the recently acquired building for public works to cover the cost of outfitting the acquired facility with various types of I/T office equipment, furniture (chairs, tables, misc.) and general structure repairs (Minor Equipment -6083-8364 -$1,620; M&R Software – 6083-8577 - $1,145; Capital Equipment -6083-8930 - $11,515, Other Supplies - 6083-8399 - $5,000; M&R Structures – 6083-8419 – $18,500). OR2. AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD MAY 4, 2019, AND RUN-OFF SHOULD SAME BE REQUIRED JUNE 15, 2019, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR SINGLE MEMBER DISTRICTS TWO AND THREE. Person presenting this item: Shelly Doty, City Secretary BRIEF: This Ordinance constitutes the official Order and Calling of a General Election for the City of Cleburne, Texas, to be held on the first Saturday in May, which is May 4, 2019. This election will be held for the purpose of electing Councilmembers for Single Member Districts Two and Three. This Ordinance establishes, among other things, polling locations and times, precinct judges and their compensation, etc. The City and CISD elections will be held as a combined election to maintain consistency and accessibility in voting practices, polling places and procedures to best accommodate the voters in both jurisdictions. There are a total of six polling places, two for early voting and four on election day. If all races for City and CISD are on the ballot, the City will utilize four of the six polling places and CISD will utilize all six. The cost to each agency is proportionate to the number of polling places used and the CISD will compensate the City for conducting the election with a 7.5% administration fee. Should the City require a runoff election, the City’s portion of another election will be 100%.
A RESOLUTION AUTHORIZING CONTRACT WITH DENALI WATER SOLUTIONS LLC FOR WATER TREATMENT RESIDUAL REMOVAL, TRANSPORTATION AND DISPOSAL FOR AN AMOUNT NOT TO EXCEED $282,000. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: The water treatment plant uses multiple ponds for purpose of depositing residual material from the water treatment processes. Periodically, it is a requirement to remove this material from the ponds in order to maintain functionality of the system. The ponds have reached a point of accumulation of sediment that they are no longer fully functional and the material needs to be removed. The material once dredged from the ponds, will be transported and properly disposed in compliance with all regulations. In order to fully dredge the ponds, an estimated quantity of 7,400 cubic yards is expected to be removed. Bids were solicited for the Water Treatment Residual Removal, Transportation and Disposal Project, and one (1) bid was received. Staff has reviewed the bid and identified Denali Water Solutions, LLC as the lowest, most responsible bidder with a total contract cost of $282,000.
A RESOLUTION AUTHORIZING CONTRACT WITH JLB CONTRACTING LLC FOR THE 2019 ASPHALT MILL AND OVERLAY PROJECT FOR AN AMOUNT NOT TO EXCEED $4,000,000 UTILIZING INTERLOCAL AGREEMENT WITH CITY OF FORT WORTH. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: This is a contract for the 2019 Asphalt Mill and Overlay Project. Streets that will receive work include: West Industrial Blvd North Anglin Street Prairie Street North Ridgeway Drive Berkley Drive Chase Avenue South Washington Street South Colonial Drive Granbury Street Woodard Avenue Yellow Jacket Drive City Cemetery Streets The City of Fort Worth recently bid a similar contract at much larger quantities resulting in lower unit pricing and was awarded to JLB Contracting, LLC. The City of Cleburne, through the interlocal agreement with the City of Fort Worth, is able to utilize the unit prices from the Fort Worth contract with JLB Contracting, LLC 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.
A RESOLUTION AUTHORIZING CONTRACT WITH COMPUTEX TECHNOLOGY SOLUTIONS FOR AUDIO/VISUAL SYSTEM UPGRADES IN THE BRAZOS EXHIBIT HALL AND CROSS TIMBERS ROOM AT THE CLEBURNE CONFERENCE CENTER FOR A COST NOT TO EXCEED $125,000. Person presenting this item: David Raybuck, Director of Information Technology BRIEF: The existing audio/visual systems in the Brazos Exhibit Hall and Cross Timbers room are experiencing an increasing number of issues due to their age, and they do not provide the quality and reliability needed by our Conference Center customers. This effort will replace the full system in the Brazos Exhibit Hall and the visual system in the Cross Timbers room. The total cost for equipment and services for installation and configuration is $124,000.00 with $1,000 for contingency for a total expenditure authorization of $125,000.00. It will be purchased from Computex Technology Solutions through BuyBoard contract 498-15, so all competitive purchasing requirements have been met.
A RESOLUTION AUTHORIZING AN AGREEMENT WITH TOM BURKETT FOR FAÇADE IMPROVEMENTS TO PROPERTY LOCATED AT 210 E HENDERSON ST, KNOWN AS SONGBIRD LIVE, FOR AN AMOUNT NOT TO EXCEED $5,000; PURSUANT TO CHAPTER 380 OF THE TEXAS LOCAL GOVERNMENT CODE AND THE CITY’S FAÇADE IMPROVEMENT MATCHING INCENTIVE PROGRAM. Person presenting this item: Grady Easdon, Economic Development Manager BRIEF: Tom Burkett has submitted an application under the terms of the City’s Façade Improvement program seeking to perform repairs and upgrades to the exterior street-facing facade on his property located at 210 E. Henderson Street, known as Songbird Live. Work to be performed includes tear-out and reconstruction of the wood façade structure, installing new tempered glass windows and cement board, replacing existing front door with an antique door containing tempered oval glass, and installation of a new 12’ X 2’ sign. Under the terms of the Façade Improvement Incentive Program, up to 50% of eligible project costs are reimbursable up to a maximum of $5,000. Total cost of this project for improvements is $13,922.00; therefore $5,000.00 would be the maximum match by the City.
A RESOLUTION AUTHORIZING AMENDMENT TO INTERLOCAL AGREEMENT WITH JOHNSON COUNTY PROVIDING JOHNSON COUNTY EXCLUSIVE JURISDICTION FOR THE REGULATION OF MANUFACTURED HOME RENTAL COMMUNITIES IN THE CITY’S ETJ. Person presenting this item: Shane Pace, Director of Community Development BRIEF: Johnson County is requesting a resolution of support for an amendment to the existing Interlocal Agreement between the City of Cleburne and the County. The proposed amendment will provide the County with exclusive jurisdiction over the regulation of manufactured home rental communities per the guidelines and requirements of the Subdivision Rules and Regulations of Johnson County, as amended July 10, 2017. Per state law, the City has no land use regulatory authority in the ETJ. Therefore, in the absence of platting requirements, the County (by default) regulates manufactured home rental communities. The requested amendment will not remove any authority held by the City, nor will it grant any additional authority to the County not in place today. The proposed amendment essentially clarifies the County’s authority and jurisdiction to continue regulation of manufactured home rental communities. City staff and the City Attorney have reviewed this request and have no objections or requested modifications.
OR3. AN ORDINANCE AUTHORIZING REDUCTION IN ACCRUED INTEREST ON DEMOLITION LIENS FILED AGAINST PROPERTIES LOCATED AT 617 E WARDVILLE ST AND 920 E BROWN ST; AS REQUESTED BY CHRISTOPHER HUNT. Person presenting this item: Shelly Doty, City Secretary BRIEF: On February 17, 2004 the City of Cleburne removed a dilapidated structure located at 617 E. Wardville Street at a cost to the taxpayers of $1,350. A lien was filed on September 29, 2004 with Johnson County Clerk, Book 3386 Page 0187. The payoff on this lien is now $5,297.51 having accrued $3,947.51 in interest during the past 14 ½ years. The CAD value of the property is $6,500. The property taxes for 2018 have not been paid with $192.06 being due. On December 16, 2009 the City of Cleburne removed a dilapidated structure at 920 E. Brown Street at a cost to the taxpayers of $1,432. A lien was filed on February 15, 2010 with the Johnson County Clerk Instrument #2010-4417. The payoff on this lien is now $3,351 having accrued $1,919 in interest during the past 9 years. The CAD value of this lot is $7,500. The property taxes for 2018 have not been paid with $221.61 being due. Christopher Hunt purchased these two lots on January 12, 2017 as recorded in the deed filed with the Johnson County Clerk Instrument #2017-1076. The deed is a Special Warranty Deed ‘without title examination’.” Mr. Hunt admits he did not do his homework when he purchased the property and the seller did not disclose the existing liens. He is in the process of selling the properties and is asking for a reduction in the amount of interest due in order the pay the liens and proceed with the sale. OR4. AN ORDINANCE AUTHORIZING REDUCTION IN ACCRUED INTEREST ON MOWING LIENS FILED AGAINST PROPERTY LOCATED AT 201 OLIVE ST; AS REQUESTED BY JOHN MAYS. Person presenting this item: Shelly Doty, City Secretary BRIEF: On June 28, 1989, the City of Cleburne, through contract labor, furnished and performed mowing services on the property located at 201 Olive Street at a cost to the taxpayers of $20.00. A lien was filed on August 7, 1989 with Johnson County Clerk, Book 1433, Page 533. The payoff on this lien is now $333.12 having accrued $313.12 in interest over a period of 29 ½ years. On March 14, 1990, the City of Cleburne, through contract labor, furnished and performed mowing services on the same said property at a cost to the taxpayers of $70.60. A lien was filed on April 3, 1990 with the Johnson County Clerk, Book 1477, Page 990. The payoff on this lien is now $1,094.48 having accrued $1,023.88 in interest over a period of 28 years, 9 months. Total payoff for both of these liens, including interest, is now $1,427.61. The CAD values this property at $35,624. The property taxes are current. In 1988, John Mays purchased the property on foreclosure from William Armstrong and Juanita Burton Armstrong. Mr. Mays states that he was never notified of the high grass, mowing or liens. Mr. Mays is selling the property now and is asking for a reduction in interest due on the payoff.
AN ORDINANCE AMENDING CHAPTER 101: CLEBURNE CONFERENCE CENTER; SENIOR CITIZENS CENTER, AS PART OF TITLE IX: GENERAL REGULATIONS REVISING SECTION 101.042: PROCEDURES OF ISSUANCE OF RESERVATIONS AND SECTION 101.055 SECURITY FEE. Person presenting this item: Denise Jones, Senior Assistant to the City Manager BRIEF: Consider amending Section 101.042 to include the optional requirement for security and references the Police Department Off-duty Security and Traffic Control Policy. Section 101.055 updates the number of required officers per guest requirement. It also updates and adopts fees from the Police Department’s Security and Traffic Control policy.
AN ORDINANCE GRANTING A VARIANCE FOR THE INSTALLATION OF CURB AND GUTTER FOR LOTS 6-19, BLOCK 677, ORIGINAL CLEBURNE LOCATED AT 305 – 397 BLAKNEY ST, AS REQUESTED BY JERRY FOX. Person presenting this item: Cheryl Taylor, Director of Engineering Services BRIEF: The ordinance requires curb and gutter be installed with all new construction. No curb and gutter exists on the adjoining lots along Blakney Street. This public improvement is not anticipated in the foreseeable future. The applicant has requested to waive this requirement in conjunction with the construction of new single-family residences. The zoning for this lot is single-family dwelling district, but Blakney Street is not a school access street. Therefore, sidewalk installation at this location is not required by ordinance and sidewalks are not included in this waiver request.
I. CITY MANAGER’S UPDATE ON MUNICIPAL BUSINESS A. Discuss off-site recycling centers and possible options to improve program effectiveness – Jeremy Hutt
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council Meeting. A. § 551.071. Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. 1. Discuss proposal regarding 614 North Brazos Avenue 2. Discuss further action regarding 603 North Main Street Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.
AN ORDINANCE GRANTING A VARIANCE FOR THE INSTALLATION OF CURB AND GUTTER FOR LOTS 6-19, BLOCK 677, ORIGINAL CLEBURNE LOCATED AT 305 – 397 BLAKNEY ST, AS REQUESTED BY JERRY FOX. Person presenting this item: Cheryl Taylor, Director of Engineering Services BRIEF: The ordinance requires curb and gutter be installed with all new construction. No curb and gutter exists on the adjoining lots along Blakney Street. This public improvement is not anticipated in the foreseeable future. The applicant has requested to waive this requirement in conjunction with the construction of new single-family residences. The zoning for this lot is single-family dwelling district, but Blakney Street is not a school access street. Therefore, sidewalk installation at this location is not required by ordinance and sidewalks are not included in this waiver request. ADJOURNMENT
I. ROLL CALL AND CALL TO ORDER BY MAYOR@ City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Gayle White, SMD 2 Dale Sturgeon, Mayor Pro Tem John Warren, SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney II. INVOCATION by Pastor Todd Barham, Hope Church III. PLEDGE OF ALLEGIANCE
All of the following items on the Consent Agenda are considered to be routine and self-explanatory 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. APPROVAL OF MINUTES FOR THE JANUARY 22, 2019 COUNCIL MEETING. RS1. A RESOLUTION APPROVING THE CITY OF CLEBURNE’S QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING DECEMBER 31, 2018. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 2256.023 of the Texas Government Code states that a written quarterly investment report must be prepared by the investment officer and submitted to the governing body. For the quarter ended December 31, 2018, the City invested solely in four local government investment pools (LOGIC, Texas Class, TexPool, and TexSTAR), and included in the investment report are the newsletters from each of the pools that provides information on their average yield, net asset value, weighted average maturity, and portfolio composition at the end of the reporting quarter. At December 31, 2018, there was $73,615,363 invested in the four pools with total quarterly interest income of $423,051. The percentage allocation by investment pool at December 31, 2018 is LOGIC: 33.32%, Texas Class: 33.23%, TexPool: 9.82%, and TexSTAR: 24.63%. RS2. A RESOLUTION ADOPTING THE REVISED PREVAILING WAGE RATES FOR 2019 FOR THE CITY OF CLEBURNE PUBLIC WORKS CONSTRUCTION PROJECTS. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 2258 of the Texas Government Code states that a worker employed on a public work by a municipality shall be paid not less than the current prevailing rate of wages for work of a similar character in the locality in which the work is performed. The Department of Labor in accordance with the Davis-Bacon Act performs regular surveys to determine the current prevailing wage rates. Updated survey results for Johnson County, Texas were issued by the Department of Labor for 2019. RS3. A RESOLUTION AUTHORIZING RENEWAL OF INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS EMERGENCY COMMUNICATIONS DISTRICT FOR REGIONAL 911 SERVICE. Person presenting this item: Rob Severance, Chief of Police BRIEF: This Interlocal contract is pursuant to Texas Government Code Chapter 791 so that it can operate and maintain its PSAPs (Public Safety Answering Points), upgrade 9-1-1 equipment and train its personnel to participate in the Next Generation 9-1-1 emergency communications system in the District. Previously, the City of Cleburne executed two-year agreements. Since the North Central Texas Council of Government’s 9-1-1 Program became the North Central Texas Emergency Communications District, it requires a new agreement. The term of the new agreement includes service until September 30, 2019. Afterwards, two-year agreements will be executed going forward. RS4. A RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH JOHNSON COUNTY FORMALIZING A COST SHARING AGREEMENT FOR LEGAL EXPENSES RELATING TO ENVIRONMENTAL LAWSUITS. Person presenting this item: Steve Polasek, City Manager BRIEF: The City and County are currently engaged in lawsuits with regard to the protection of our water supply and lands from environmental hazards. The City has retained the law firm of Lloyd, Gosselink, Rochelle, & Townsend, P.C. to represent City in litigation and the County has authorized the County Attorney on behalf of the County to join and assist the law firm in this litigation. In order to protect the health, safety and welfare of our citizens, the City and County are committed to partner in our efforts to complete the litigation listed below, as well as any additional litigation that may ensue. Cause No. D-1-GN-16-005692, City of Cleburne, Texas and Johnson County, Texas vs. Texas Commission on Environmental Quality, in the 126th District Court, Travis County, Texas, and said cause is on appeal to the Third Court of Appeals in Austin, Texas in Cause No. 03-18-00711-CV Cause No. D-1-GN-005686, City of Cleburne, Texas and Johnson County, Texas vs. Texas Commission Environmental Quality, in the 353rd District Court of Travis County, Texas Cause No. DC-C201800880, City of Cleburne, Texas and Johnson County, Texas vs. Harrington Environmental Services, LLC, in the 18th District Court, Johnson County, Texas The City and County each desire to use our respective financial resources to share in the costs associated with the litigation listed; however, the City and County have not previously formalized the cost sharing commitments. To date, all legal expenses from Lloyd Gosselink have been paid by the City. By entering into this MOU, the City would receive reimbursement from the County for their portion of previously billed legal expenses, as well as legal expenses going forward. In general, the proposed MOU memorializes the financial commitment of fifty percent for each entity (including County Attorney costs), City oversight of billing and invoicing, reimbursement schedule (quarterly), and ability to review, revise and terminate the MOU. OR1. AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2018 TO SEPTEMBER 30, 2019 (#2) BY APPROVING CITY MANAGER’S LINE ITEM BUDGET TRANSFERS. Person presenting this item: Terry Leake, Director of Finance BRIEF: Section 8.2 of the City of Cleburne Charter (Transfer of Appropriations) states “The City Manager may at any time with the approval of the City Council transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, or agency. At the request of the City Manager, the Council may transfer any unencumbered appropriation balance or portion thereof from one office, department, or agency to another.” At the June 13, 2017 City Council meeting, Council approved a resolution providing for the following process to improve budgetary control and operational effectiveness within a department and meet the above charter requirements: City Council authorizes the City Manager to make transfers within budget line items that are within a department, as deemed appropriate by the City Manager. The City Manager will provide to the City Council a monthly statement of these intradepartmental line item budget transfers as a Consent agenda item. Included in the backup are the intradepartmental transfers with the supporting Departmental Line Item Budget Transfer Request forms for the month of February 2019. This transfer is deemed appropriate to be made by the City Manager for City Council approval. The transfers are as follows: Building Maintenance - transfer funds to cover the expenses related to purchase of Christmas lighting and decorations in Other Supplies (0161-8399 - $2,650) Water Collection – transfer funds related to the recently acquired building for public works to cover the cost of outfitting the acquired facility with various types of I/T office equipment, furniture (chairs, tables, misc.) and general structure repairs (Minor Equipment -6083-8364 -$1,620; M&R Software – 6083-8577 - $1,145; Capital Equipment -6083-8930 - $11,515, Other Supplies - 6083-8399 - $5,000; M&R Structures – 6083-8419 – $18,500). OR2. AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD MAY 4, 2019, AND RUN-OFF SHOULD SAME BE REQUIRED JUNE 15, 2019, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR SINGLE MEMBER DISTRICTS TWO AND THREE. Person presenting this item: Shelly Doty, City Secretary BRIEF: This Ordinance constitutes the official Order and Calling of a General Election for the City of Cleburne, Texas, to be held on the first Saturday in May, which is May 4, 2019. This election will be held for the purpose of electing Councilmembers for Single Member Districts Two and Three. This Ordinance establishes, among other things, polling locations and times, precinct judges and their compensation, etc. The City and CISD elections will be held as a combined election to maintain consistency and accessibility in voting practices, polling places and procedures to best accommodate the voters in both jurisdictions. There are a total of six polling places, two for early voting and four on election day. If all races for City and CISD are on the ballot, the City will utilize four of the six polling places and CISD will utilize all six. The cost to each agency is proportionate to the number of polling places used and the CISD will compensate the City for conducting the election with a 7.5% administration fee. Should the City require a runoff election, the City’s portion of another election will be 100%.
A RESOLUTION AUTHORIZING CONTRACT WITH DENALI WATER SOLUTIONS LLC FOR WATER TREATMENT RESIDUAL REMOVAL, TRANSPORTATION AND DISPOSAL FOR AN AMOUNT NOT TO EXCEED $282,000. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: The water treatment plant uses multiple ponds for purpose of depositing residual material from the water treatment processes. Periodically, it is a requirement to remove this material from the ponds in order to maintain functionality of the system. The ponds have reached a point of accumulation of sediment that they are no longer fully functional and the material needs to be removed. The material once dredged from the ponds, will be transported and properly disposed in compliance with all regulations. In order to fully dredge the ponds, an estimated quantity of 7,400 cubic yards is expected to be removed. Bids were solicited for the Water Treatment Residual Removal, Transportation and Disposal Project, and one (1) bid was received. Staff has reviewed the bid and identified Denali Water Solutions, LLC as the lowest, most responsible bidder with a total contract cost of $282,000.
A RESOLUTION AUTHORIZING CONTRACT WITH JLB CONTRACTING LLC FOR THE 2019 ASPHALT MILL AND OVERLAY PROJECT FOR AN AMOUNT NOT TO EXCEED $4,000,000 UTILIZING INTERLOCAL AGREEMENT WITH CITY OF FORT WORTH. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: This is a contract for the 2019 Asphalt Mill and Overlay Project. Streets that will receive work include: West Industrial Blvd North Anglin Street Prairie Street North Ridgeway Drive Berkley Drive Chase Avenue South Washington Street South Colonial Drive Granbury Street Woodard Avenue Yellow Jacket Drive City Cemetery Streets The City of Fort Worth recently bid a similar contract at much larger quantities resulting in lower unit pricing and was awarded to JLB Contracting, LLC. The City of Cleburne, through the interlocal agreement with the City of Fort Worth, is able to utilize the unit prices from the Fort Worth contract with JLB Contracting, LLC 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.
A RESOLUTION AUTHORIZING CONTRACT WITH COMPUTEX TECHNOLOGY SOLUTIONS FOR AUDIO/VISUAL SYSTEM UPGRADES IN THE BRAZOS EXHIBIT HALL AND CROSS TIMBERS ROOM AT THE CLEBURNE CONFERENCE CENTER FOR A COST NOT TO EXCEED $125,000. Person presenting this item: David Raybuck, Director of Information Technology BRIEF: The existing audio/visual systems in the Brazos Exhibit Hall and Cross Timbers room are experiencing an increasing number of issues due to their age, and they do not provide the quality and reliability needed by our Conference Center customers. This effort will replace the full system in the Brazos Exhibit Hall and the visual system in the Cross Timbers room. The total cost for equipment and services for installation and configuration is $124,000.00 with $1,000 for contingency for a total expenditure authorization of $125,000.00. It will be purchased from Computex Technology Solutions through BuyBoard contract 498-15, so all competitive purchasing requirements have been met.
A RESOLUTION AUTHORIZING AN AGREEMENT WITH TOM BURKETT FOR FAÇADE IMPROVEMENTS TO PROPERTY LOCATED AT 210 E HENDERSON ST, KNOWN AS SONGBIRD LIVE, FOR AN AMOUNT NOT TO EXCEED $5,000; PURSUANT TO CHAPTER 380 OF THE TEXAS LOCAL GOVERNMENT CODE AND THE CITY’S FAÇADE IMPROVEMENT MATCHING INCENTIVE PROGRAM. Person presenting this item: Grady Easdon, Economic Development Manager BRIEF: Tom Burkett has submitted an application under the terms of the City’s Façade Improvement program seeking to perform repairs and upgrades to the exterior street-facing facade on his property located at 210 E. Henderson Street, known as Songbird Live. Work to be performed includes tear-out and reconstruction of the wood façade structure, installing new tempered glass windows and cement board, replacing existing front door with an antique door containing tempered oval glass, and installation of a new 12’ X 2’ sign. Under the terms of the Façade Improvement Incentive Program, up to 50% of eligible project costs are reimbursable up to a maximum of $5,000. Total cost of this project for improvements is $13,922.00; therefore $5,000.00 would be the maximum match by the City.
A RESOLUTION AUTHORIZING AMENDMENT TO INTERLOCAL AGREEMENT WITH JOHNSON COUNTY PROVIDING JOHNSON COUNTY EXCLUSIVE JURISDICTION FOR THE REGULATION OF MANUFACTURED HOME RENTAL COMMUNITIES IN THE CITY’S ETJ. Person presenting this item: Shane Pace, Director of Community Development BRIEF: Johnson County is requesting a resolution of support for an amendment to the existing Interlocal Agreement between the City of Cleburne and the County. The proposed amendment will provide the County with exclusive jurisdiction over the regulation of manufactured home rental communities per the guidelines and requirements of the Subdivision Rules and Regulations of Johnson County, as amended July 10, 2017. Per state law, the City has no land use regulatory authority in the ETJ. Therefore, in the absence of platting requirements, the County (by default) regulates manufactured home rental communities. The requested amendment will not remove any authority held by the City, nor will it grant any additional authority to the County not in place today. The proposed amendment essentially clarifies the County’s authority and jurisdiction to continue regulation of manufactured home rental communities. City staff and the City Attorney have reviewed this request and have no objections or requested modifications.
OR3. AN ORDINANCE AUTHORIZING REDUCTION IN ACCRUED INTEREST ON DEMOLITION LIENS FILED AGAINST PROPERTIES LOCATED AT 617 E WARDVILLE ST AND 920 E BROWN ST; AS REQUESTED BY CHRISTOPHER HUNT. Person presenting this item: Shelly Doty, City Secretary BRIEF: On February 17, 2004 the City of Cleburne removed a dilapidated structure located at 617 E. Wardville Street at a cost to the taxpayers of $1,350. A lien was filed on September 29, 2004 with Johnson County Clerk, Book 3386 Page 0187. The payoff on this lien is now $5,297.51 having accrued $3,947.51 in interest during the past 14 ½ years. The CAD value of the property is $6,500. The property taxes for 2018 have not been paid with $192.06 being due. On December 16, 2009 the City of Cleburne removed a dilapidated structure at 920 E. Brown Street at a cost to the taxpayers of $1,432. A lien was filed on February 15, 2010 with the Johnson County Clerk Instrument #2010-4417. The payoff on this lien is now $3,351 having accrued $1,919 in interest during the past 9 years. The CAD value of this lot is $7,500. The property taxes for 2018 have not been paid with $221.61 being due. Christopher Hunt purchased these two lots on January 12, 2017 as recorded in the deed filed with the Johnson County Clerk Instrument #2017-1076. The deed is a Special Warranty Deed ‘without title examination’.” Mr. Hunt admits he did not do his homework when he purchased the property and the seller did not disclose the existing liens. He is in the process of selling the properties and is asking for a reduction in the amount of interest due in order the pay the liens and proceed with the sale. OR4. AN ORDINANCE AUTHORIZING REDUCTION IN ACCRUED INTEREST ON MOWING LIENS FILED AGAINST PROPERTY LOCATED AT 201 OLIVE ST; AS REQUESTED BY JOHN MAYS. Person presenting this item: Shelly Doty, City Secretary BRIEF: On June 28, 1989, the City of Cleburne, through contract labor, furnished and performed mowing services on the property located at 201 Olive Street at a cost to the taxpayers of $20.00. A lien was filed on August 7, 1989 with Johnson County Clerk, Book 1433, Page 533. The payoff on this lien is now $333.12 having accrued $313.12 in interest over a period of 29 ½ years. On March 14, 1990, the City of Cleburne, through contract labor, furnished and performed mowing services on the same said property at a cost to the taxpayers of $70.60. A lien was filed on April 3, 1990 with the Johnson County Clerk, Book 1477, Page 990. The payoff on this lien is now $1,094.48 having accrued $1,023.88 in interest over a period of 28 years, 9 months. Total payoff for both of these liens, including interest, is now $1,427.61. The CAD values this property at $35,624. The property taxes are current. In 1988, John Mays purchased the property on foreclosure from William Armstrong and Juanita Burton Armstrong. Mr. Mays states that he was never notified of the high grass, mowing or liens. Mr. Mays is selling the property now and is asking for a reduction in interest due on the payoff.
AN ORDINANCE AMENDING CHAPTER 101: CLEBURNE CONFERENCE CENTER; SENIOR CITIZENS CENTER, AS PART OF TITLE IX: GENERAL REGULATIONS REVISING SECTION 101.042: PROCEDURES OF ISSUANCE OF RESERVATIONS AND SECTION 101.055 SECURITY FEE. Person presenting this item: Denise Jones, Senior Assistant to the City Manager BRIEF: Consider amending Section 101.042 to include the optional requirement for security and references the Police Department Off-duty Security and Traffic Control Policy. Section 101.055 updates the number of required officers per guest requirement. It also updates and adopts fees from the Police Department’s Security and Traffic Control policy.
AN ORDINANCE GRANTING A VARIANCE FOR THE INSTALLATION OF CURB AND GUTTER FOR LOTS 6-19, BLOCK 677, ORIGINAL CLEBURNE LOCATED AT 305 – 397 BLAKNEY ST, AS REQUESTED BY JERRY FOX. Person presenting this item: Cheryl Taylor, Director of Engineering Services BRIEF: The ordinance requires curb and gutter be installed with all new construction. No curb and gutter exists on the adjoining lots along Blakney Street. This public improvement is not anticipated in the foreseeable future. The applicant has requested to waive this requirement in conjunction with the construction of new single-family residences. The zoning for this lot is single-family dwelling district, but Blakney Street is not a school access street. Therefore, sidewalk installation at this location is not required by ordinance and sidewalks are not included in this waiver request.
I. CITY MANAGER’S UPDATE ON MUNICIPAL BUSINESS A. Discuss off-site recycling centers and possible options to improve program effectiveness – Jeremy Hutt
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council Meeting. A. § 551.071. Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. 1. Discuss proposal regarding 614 North Brazos Avenue 2. Discuss further action regarding 603 North Main Street Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.
AN ORDINANCE GRANTING A VARIANCE FOR THE INSTALLATION OF CURB AND GUTTER FOR LOTS 6-19, BLOCK 677, ORIGINAL CLEBURNE LOCATED AT 305 – 397 BLAKNEY ST, AS REQUESTED BY JERRY FOX. Person presenting this item: Cheryl Taylor, Director of Engineering Services BRIEF: The ordinance requires curb and gutter be installed with all new construction. No curb and gutter exists on the adjoining lots along Blakney Street. This public improvement is not anticipated in the foreseeable future. The applicant has requested to waive this requirement in conjunction with the construction of new single-family residences. The zoning for this lot is single-family dwelling district, but Blakney Street is not a school access street. Therefore, sidewalk installation at this location is not required by ordinance and sidewalks are not included in this waiver request. ADJOURNMENT