I. ROLL CALL AND CALL TO ORDER BY MAYOR II. INVOCATION by Pastor Jim Cloud, North Cleburne Baptist Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – May STARS Award Recipient – Cynthia Chapman, City Secretary Presentation – First Southwest on the Type A Economic Development Corporation’s Finance Plan for the Cleburne Station Project
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 CouncilMember 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 JUNE 14, 2016 REGULAR COUNCIL MEETING. BQ1. AUTHORIZE INSTALLMENT OF A NEW SIGN AT THE CLEBURNE REGIONAL AIRPORT BY SIGNCO FOR AN AMOUNT OF $26,850. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: The entrance sign to the airport is in need of replacement. After receiving quotes for the new sign from Signco, Razor Sign and Chandler Signs, Signco had the best quote $24,879.00. Due to the new sign ordinance there was a slight increase in the amount to $26,850.00. The funds to pay for the sign will come from the RAMP grant which pays 50%. RS1. A RESOLUTION ADOPTING ETHICAL AND TRAINING STANDARDS FOR JUVENILE CASE MANAGERS EMPLOYED BY THE CITY OF CLEBURNE AS REQUIRED BY TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 45.056. Person presenting this item: Terry Leake, Director of Finance BRIEF: On October 13, 2015, the City Council approved Ordinance OR10-2015-70 establishing the Juvenile Case Manager fee to fund a Juvenile Case Manager position, whose primary role is handling juvenile defendants. When an entity employs this position, the governing body must adopt ethical and training standards, as required by Texas Code of Criminal Procedures Article 45.056. Included in the proposed resolution is a required Code of Ethics, which includes standards of terms of confidentiality, conflicts of interest, competence, respect for the law, and abuse of position. The Juvenile Case Manager must take 24 hours of training prior to handling juvenile cases and eight hours of required training annually in subjects related to juvenile issues (Pre-Service and In-Service Training Standards), which is also included in the proposed resolution. RS2. A RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH CROWE HORWATH LLP FOR AUDITING SERVICES IN THE AMOUNT OF $79,000 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2016. Person presenting this item: Terry Leake, Director of Finance BRIEF: On July 10, 2012, the City Council approved a contract with Crowe Horwath LLP to provide audit services for the all funds of the City and audit services for federally required Single Audit programs, Texas Commission on Environmental Quality computation assurances, and issuance of a HUD SAS29 letter. This is the third and final year of the three one-year options to renew this contract and the cost is $79,000. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF MAY 2016. Person presenting this item: Terry Leake, Director of Finance OC2. APPROVE FINAL PLAT OF LOT 1, BLOCK 1, HIGHLANDER ADDITION, BEING 1 ACRE TRACT IN THE DYER NUNER SURVEY LOCATED IN THE CITY’S ETJ; AS REQUESTED BY RONALD AND DARLENE PARKER. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this plat is to create one lot for residential use. The Comprehensive Land Use Plan shows this area to be Traditional Neighborhoods. The surrounding land use is Traditional Neighborhoods. There were no inquiries nor objections. P&Z recommended approval of this plat by a vote of 6-0.
APPROVE PLAT VACATION OF LOT 1, BLOCK A, KRIS BROWN ADDITION, AN ADDITION OF THE CITY OF CLEBURNE AND BEING 18.006 ACRES OUT OF THE A. MCANIER SURVEY; AS REQUESTED BY THE CITY OF CLEBURNE. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this request is to vacate the Kris Brown Addition Plat in order to approve the Preliminary and Final Plat of Cleburne Station. The zoning for this property is M1 (Light Industrial District). The applicant has applied to rezone to C3 (Commercial District). The zoning for the surrounding property is M1 (Light Industrial District), A (Agricultural District), SF-4 (Single-Family Dwelling District) and C3 (Commercial District. The Comprehensive Land Use Plan shows this area to be Regional Node. Surrounding land use is Regional Node, Traditional Neighborhoods and Regional Corridor. There were no inquiries nor objections. P&Z recommended approval of this plat vacation by a vote of 6-0.
A RESOLUTION AUTHORIZING A CONTRACT WITH ALLIANCE GEOTECHNICAL GROUP TO PROVIDE THIRD-PARTY MATERIALS TESTING AND INSPECTION SERVICES FOR THE CONSTRUCTION OF THE CLEBURNE DEPOT BASEBALL STADIUM. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: On June 8, 2016, our owner’s representative overseeing the baseball stadium construction, sent out a Request for Proposals for third-party materials testing for the stadium. This testing includes soils, concrete, pre-fab concrete, steel welds, masonry mortar, grout, steel connections and inspections. Alliance Geotechnical graded the highest of the proposals submitted. A contract price was negotiated with Alliance Geotechnical for $117,400. These funds will be taken from our Stadium Construction fund.
Presentation – First Southwest on the Type A Economic Development Corporation’s Finance Plan for the Cleburne Station Project
A RESOLUTION AUTHORIZING CONTRACT WITH ARK CONTRACTING SERVICES FOR THE LAKE PAT CLEBURNE DAM ROCK RIPRAP REPAIR PROJECT IN THE AMOUNT OF $699,952.00. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: Sealed bids were solicited in order to repair/replace rock riprap slope protection and gravel bedding on selected areas of the upstream slope of Pat Cleburne Dam. Bids were received from five (5) vendors. Freese and Nichols Engineers reviewed the bids and verified references. The lowest, most responsible bid was received from Ark Contracting Services in the amount of $699,952.00, per the attached recommendation from Freese and Nichols Engineers. This amount is comprised of a base bid of $636,320.00 and includes a 10% contingency in the amount of $63,632.00.
A RESOLUTION AUTHORIZING A LONG-TERM LEASE AGREEMENT WITH EXCITE INVESTMENTS INC FOR HANGAR 1000 AT THE CLEBURNE REGIONAL AIRPORT. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: Excite Investments, Inc. would like to enter into a 40-year land lease for hangar 1000. They are a Gulfstream Repair Station and will be preforming maintenance on larger aircraft.
*PUBLIC HEARING* AN ORDINANCE REZONING 1.874 ACRES LOCATED AT 300-320 N HYDE PARK BLVD FROM SF4 (SINGLE-FAMILY DWELLING DISTRICT) TO PD (PLANNED DEVELOPMENT DISTRICT), AS REQUESTED BY MARK RHODES, REPRESENTED BY ALAN BABBITT. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this request is to accommodate 11 new single-family homes. The applicant would like to use the SF-4 requirements set in the ordinance §155.37 Residential Districts with the exception of some of the building setbacks and easements. The required front yard setback is 30 ft and the applicant is requesting 25 ft. The required side setback is 7' or 10% of the lot width and the applicant is requesting 6 ft on the interior lot lines. The rear setback will stay the same as well as the street side yard setback at the corner of N. Hyde Park and Robin Place. The applicant is requesting a 10 ft side yard on the corner lot at N. Hyde Park and Meadowlark Dr instead of the required 15 ft. The applicant is also asking that the 8 ft utility easements along the interior lot lines be abandoned since all utilities are across the front of the property. The zoning for the surrounding property is MF (Multiple-Family Housing District), SF-4 (Single-Family Dwelling District), C2 (General Business District) and PD (Planned Development). The Comprehensive Land Use Plan shows this area and surrounding area to be Traditional Neighborhoods. There were inquiries and one objection. P&Z recommended that the property be rezoned to PD (Planned Development District) with the addition of sidewalks by a vote of 6-0.
*PUBLIC HEARING* AN ORDINANCE REZONING 74.915 ACRES IN THE A MCANIER SURVEY, ABSTRACT 537 LOCATED AT THE SOUTHEAST CORNER OF N NOLAN RIVER RD AND KATHERINE P RAINES BLVD FROM M1 (LIGHT INDUSTRIAL DISTRICT) AND A (AGRICULTURAL DISTRICT) TO C3 (COMMERCIAL DISTRICT), AS REQUESTED BY THE CITY OF CLEBURNE. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this request is to accommodate a ball park and retail space. The Comprehensive Land Use Plan shows this area to be Regional Node. The surrounding Land Use is Regional Node, Traditional Neighborhoods and Regional Corridor. There were inquiries but no objections. P&Z recommended that the property be rezoned to C3 (Commercial District) by a vote of 6-0.
AN ORDINANCE AUTHORIZING THE RELEASE OF A 1994 DEMOLITION LIEN AGAINST PROPERTY LOCATED AT 206 W WESTHILL DR, AS REQUESTED BY HEIR OF PROPERTY OWNER, MRS JOHNNIE MAE BRADDOCK, REPRESENTED BY BRANDI MYERS GILBREATH OF CENTURY 21 TIM GAUNTT COMPANY. Person presenting this item: Shelly Doty, City Secretary BRIEF: On April 7, 1994, the City filed a demolition lien Book 1774, Page 440 against property located at 206 West Westhill Drive (65’ east of Lot 4, Block 421, Original Cleburne). The property at that time was owned by Dan Buckner, Inc. On August 19, 2002, a judgement of the Johnson County District Court ordered sale of the property and was sold at Sheriff’s Tax Sale on July 1, 2003, to Joe E. Marchbanks for an amount of $5,700.00 (for delinquent taxes). The demolition lien was not part of the judgement. The heir to the property, Mrs. Johnnie Mae Braddock wishes to sell this lot as well as adjacent lots and is requesting Council consider waiving the interest that has accrued during the last 22 years ($34,341.78). The principal amount of $4,050 would need to be satisfied in order to release the lien because it is an expense paid by the taxpayers for the demolition of the structure. However, it is the Council’s discretion to forgive any, all or part of the interest accrued since 1994. Staff requests an administrative fee of $50.00 for processing including county filing fees be applied making a total payment of $4,100.00 required for release. See backup for attorney opinions for both requestor and the City.
*PUBLIC HEARING* APPROVE PRELIMINARY AND FINAL PLAT OF BLOCKS 1-2 & LOTS 1-2, BLOCK 3, CLEBURNE STATION, AN ADDITION TO THE CITY OF CLEBURNE, BEING 74.915 ACRES LOCATED IN THE A. MCANIER SURVEY, AS REQUESTED BY THE CITY OF CLEBURNE. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this plat is to create 3 blocks for the future use of a ball park and retail space. The zoning for this property is M1 (Light Industrial District) and A (Agricultural District). The applicant has applied to rezone to C3 (Commercial District). The zoning for the surrounding property is M1 (Light Industrial District), A (Agricultural District), SF-4 (Single-Family Dwelling District) and C3 (Commercial District). The Comprehensive Land Use Plan shows this area to be Regional Node. Surrounding land use is Regional Node, Traditional Neighborhoods and Regional Corridor. There were inquiries but no objections. P&Z recommended approval of this preliminary and final plat by a vote of 6-0.
I. ROLL CALL AND CALL TO ORDER BY MAYOR II. INVOCATION by Pastor Jim Cloud, North Cleburne Baptist Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – May STARS Award Recipient – Cynthia Chapman, City Secretary Presentation – First Southwest on the Type A Economic Development Corporation’s Finance Plan for the Cleburne Station Project
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 CouncilMember 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 JUNE 14, 2016 REGULAR COUNCIL MEETING. BQ1. AUTHORIZE INSTALLMENT OF A NEW SIGN AT THE CLEBURNE REGIONAL AIRPORT BY SIGNCO FOR AN AMOUNT OF $26,850. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: The entrance sign to the airport is in need of replacement. After receiving quotes for the new sign from Signco, Razor Sign and Chandler Signs, Signco had the best quote $24,879.00. Due to the new sign ordinance there was a slight increase in the amount to $26,850.00. The funds to pay for the sign will come from the RAMP grant which pays 50%. RS1. A RESOLUTION ADOPTING ETHICAL AND TRAINING STANDARDS FOR JUVENILE CASE MANAGERS EMPLOYED BY THE CITY OF CLEBURNE AS REQUIRED BY TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 45.056. Person presenting this item: Terry Leake, Director of Finance BRIEF: On October 13, 2015, the City Council approved Ordinance OR10-2015-70 establishing the Juvenile Case Manager fee to fund a Juvenile Case Manager position, whose primary role is handling juvenile defendants. When an entity employs this position, the governing body must adopt ethical and training standards, as required by Texas Code of Criminal Procedures Article 45.056. Included in the proposed resolution is a required Code of Ethics, which includes standards of terms of confidentiality, conflicts of interest, competence, respect for the law, and abuse of position. The Juvenile Case Manager must take 24 hours of training prior to handling juvenile cases and eight hours of required training annually in subjects related to juvenile issues (Pre-Service and In-Service Training Standards), which is also included in the proposed resolution. RS2. A RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH CROWE HORWATH LLP FOR AUDITING SERVICES IN THE AMOUNT OF $79,000 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2016. Person presenting this item: Terry Leake, Director of Finance BRIEF: On July 10, 2012, the City Council approved a contract with Crowe Horwath LLP to provide audit services for the all funds of the City and audit services for federally required Single Audit programs, Texas Commission on Environmental Quality computation assurances, and issuance of a HUD SAS29 letter. This is the third and final year of the three one-year options to renew this contract and the cost is $79,000. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF MAY 2016. Person presenting this item: Terry Leake, Director of Finance OC2. APPROVE FINAL PLAT OF LOT 1, BLOCK 1, HIGHLANDER ADDITION, BEING 1 ACRE TRACT IN THE DYER NUNER SURVEY LOCATED IN THE CITY’S ETJ; AS REQUESTED BY RONALD AND DARLENE PARKER. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this plat is to create one lot for residential use. The Comprehensive Land Use Plan shows this area to be Traditional Neighborhoods. The surrounding land use is Traditional Neighborhoods. There were no inquiries nor objections. P&Z recommended approval of this plat by a vote of 6-0.
APPROVE PLAT VACATION OF LOT 1, BLOCK A, KRIS BROWN ADDITION, AN ADDITION OF THE CITY OF CLEBURNE AND BEING 18.006 ACRES OUT OF THE A. MCANIER SURVEY; AS REQUESTED BY THE CITY OF CLEBURNE. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this request is to vacate the Kris Brown Addition Plat in order to approve the Preliminary and Final Plat of Cleburne Station. The zoning for this property is M1 (Light Industrial District). The applicant has applied to rezone to C3 (Commercial District). The zoning for the surrounding property is M1 (Light Industrial District), A (Agricultural District), SF-4 (Single-Family Dwelling District) and C3 (Commercial District. The Comprehensive Land Use Plan shows this area to be Regional Node. Surrounding land use is Regional Node, Traditional Neighborhoods and Regional Corridor. There were no inquiries nor objections. P&Z recommended approval of this plat vacation by a vote of 6-0.
A RESOLUTION AUTHORIZING A CONTRACT WITH ALLIANCE GEOTECHNICAL GROUP TO PROVIDE THIRD-PARTY MATERIALS TESTING AND INSPECTION SERVICES FOR THE CONSTRUCTION OF THE CLEBURNE DEPOT BASEBALL STADIUM. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: On June 8, 2016, our owner’s representative overseeing the baseball stadium construction, sent out a Request for Proposals for third-party materials testing for the stadium. This testing includes soils, concrete, pre-fab concrete, steel welds, masonry mortar, grout, steel connections and inspections. Alliance Geotechnical graded the highest of the proposals submitted. A contract price was negotiated with Alliance Geotechnical for $117,400. These funds will be taken from our Stadium Construction fund.
Presentation – First Southwest on the Type A Economic Development Corporation’s Finance Plan for the Cleburne Station Project
A RESOLUTION AUTHORIZING CONTRACT WITH ARK CONTRACTING SERVICES FOR THE LAKE PAT CLEBURNE DAM ROCK RIPRAP REPAIR PROJECT IN THE AMOUNT OF $699,952.00. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: Sealed bids were solicited in order to repair/replace rock riprap slope protection and gravel bedding on selected areas of the upstream slope of Pat Cleburne Dam. Bids were received from five (5) vendors. Freese and Nichols Engineers reviewed the bids and verified references. The lowest, most responsible bid was received from Ark Contracting Services in the amount of $699,952.00, per the attached recommendation from Freese and Nichols Engineers. This amount is comprised of a base bid of $636,320.00 and includes a 10% contingency in the amount of $63,632.00.
A RESOLUTION AUTHORIZING A LONG-TERM LEASE AGREEMENT WITH EXCITE INVESTMENTS INC FOR HANGAR 1000 AT THE CLEBURNE REGIONAL AIRPORT. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: Excite Investments, Inc. would like to enter into a 40-year land lease for hangar 1000. They are a Gulfstream Repair Station and will be preforming maintenance on larger aircraft.
*PUBLIC HEARING* AN ORDINANCE REZONING 1.874 ACRES LOCATED AT 300-320 N HYDE PARK BLVD FROM SF4 (SINGLE-FAMILY DWELLING DISTRICT) TO PD (PLANNED DEVELOPMENT DISTRICT), AS REQUESTED BY MARK RHODES, REPRESENTED BY ALAN BABBITT. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this request is to accommodate 11 new single-family homes. The applicant would like to use the SF-4 requirements set in the ordinance §155.37 Residential Districts with the exception of some of the building setbacks and easements. The required front yard setback is 30 ft and the applicant is requesting 25 ft. The required side setback is 7' or 10% of the lot width and the applicant is requesting 6 ft on the interior lot lines. The rear setback will stay the same as well as the street side yard setback at the corner of N. Hyde Park and Robin Place. The applicant is requesting a 10 ft side yard on the corner lot at N. Hyde Park and Meadowlark Dr instead of the required 15 ft. The applicant is also asking that the 8 ft utility easements along the interior lot lines be abandoned since all utilities are across the front of the property. The zoning for the surrounding property is MF (Multiple-Family Housing District), SF-4 (Single-Family Dwelling District), C2 (General Business District) and PD (Planned Development). The Comprehensive Land Use Plan shows this area and surrounding area to be Traditional Neighborhoods. There were inquiries and one objection. P&Z recommended that the property be rezoned to PD (Planned Development District) with the addition of sidewalks by a vote of 6-0.
*PUBLIC HEARING* AN ORDINANCE REZONING 74.915 ACRES IN THE A MCANIER SURVEY, ABSTRACT 537 LOCATED AT THE SOUTHEAST CORNER OF N NOLAN RIVER RD AND KATHERINE P RAINES BLVD FROM M1 (LIGHT INDUSTRIAL DISTRICT) AND A (AGRICULTURAL DISTRICT) TO C3 (COMMERCIAL DISTRICT), AS REQUESTED BY THE CITY OF CLEBURNE. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this request is to accommodate a ball park and retail space. The Comprehensive Land Use Plan shows this area to be Regional Node. The surrounding Land Use is Regional Node, Traditional Neighborhoods and Regional Corridor. There were inquiries but no objections. P&Z recommended that the property be rezoned to C3 (Commercial District) by a vote of 6-0.
AN ORDINANCE AUTHORIZING THE RELEASE OF A 1994 DEMOLITION LIEN AGAINST PROPERTY LOCATED AT 206 W WESTHILL DR, AS REQUESTED BY HEIR OF PROPERTY OWNER, MRS JOHNNIE MAE BRADDOCK, REPRESENTED BY BRANDI MYERS GILBREATH OF CENTURY 21 TIM GAUNTT COMPANY. Person presenting this item: Shelly Doty, City Secretary BRIEF: On April 7, 1994, the City filed a demolition lien Book 1774, Page 440 against property located at 206 West Westhill Drive (65’ east of Lot 4, Block 421, Original Cleburne). The property at that time was owned by Dan Buckner, Inc. On August 19, 2002, a judgement of the Johnson County District Court ordered sale of the property and was sold at Sheriff’s Tax Sale on July 1, 2003, to Joe E. Marchbanks for an amount of $5,700.00 (for delinquent taxes). The demolition lien was not part of the judgement. The heir to the property, Mrs. Johnnie Mae Braddock wishes to sell this lot as well as adjacent lots and is requesting Council consider waiving the interest that has accrued during the last 22 years ($34,341.78). The principal amount of $4,050 would need to be satisfied in order to release the lien because it is an expense paid by the taxpayers for the demolition of the structure. However, it is the Council’s discretion to forgive any, all or part of the interest accrued since 1994. Staff requests an administrative fee of $50.00 for processing including county filing fees be applied making a total payment of $4,100.00 required for release. See backup for attorney opinions for both requestor and the City.
*PUBLIC HEARING* APPROVE PRELIMINARY AND FINAL PLAT OF BLOCKS 1-2 & LOTS 1-2, BLOCK 3, CLEBURNE STATION, AN ADDITION TO THE CITY OF CLEBURNE, BEING 74.915 ACRES LOCATED IN THE A. MCANIER SURVEY, AS REQUESTED BY THE CITY OF CLEBURNE. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: The Planning and Zoning Commission considered this at its June 13, 2016 meeting. The purpose for this plat is to create 3 blocks for the future use of a ball park and retail space. The zoning for this property is M1 (Light Industrial District) and A (Agricultural District). The applicant has applied to rezone to C3 (Commercial District). The zoning for the surrounding property is M1 (Light Industrial District), A (Agricultural District), SF-4 (Single-Family Dwelling District) and C3 (Commercial District). The Comprehensive Land Use Plan shows this area to be Regional Node. Surrounding land use is Regional Node, Traditional Neighborhoods and Regional Corridor. There were inquiries but no objections. P&Z recommended approval of this preliminary and final plat by a vote of 6-0.