I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, Mayor Pro Tem Gayle White, SMD 2 Dale Sturgeon, SMD 3 John Warren, SMD 4 Division Directors: Burton Barr, Community Services Clint Ishmael, Fire Services Terry Leake, Finance Debra Powledge, Human Resources Rob Severance, Police Services Administration: Dan O’Leary, Interim City Manager Steve Polasek, Deputy City Manager Shelly Doty, City Secretary Ivy Peterson, Deputy City Secretary Fritz Quast, City Attorney Department Heads: Tom Davis, Information Technology Media: Matt Smith, Times-Review II. INVOCATION by Ron Shultz, Bethel Temple III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – October STARS Award – Barry Hardemon, Building Services Department Proclamation – Zonta Says No Presentation - Law Enforcement Profession and Historical Injustices report (October 2016) from International Association of Chiefs of Police (IACP)
CITIZENS COMMENTS An opportunity for the public to make comments or address concerns not posted on the agenda.
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 NOVEMBER 8, 2016 REGULAR COUNCIL MEETING. BQ1. AUTHORIZE PURCHASE OF A MANUALLY OPERATED AIR CURTAIN PARTITION FOR THE CLEBURNE CONFERENCE CENTER FROM HUFCOR, INC, FOR AN AMOUNT NOT TO EXCEED $30,300. Person presenting this item: Burton Barr, Director of Community Services BRIEF: This purchase will replace the original 1986 air curtain partition at the Conference Center. This will allow the Texas Room to be divided into two rooms, which will add additional meeting space at the facility. Three estimates were obtained, so all competitive purchasing requirements have been met, and Hufcor, Inc was the lowest quote ($30,300). Additionally, this item was discussed at the budget workshop and included in the 2016-2017 budget. BQ2. AUTHORIZE PURCHASE AND INSTALLATION OF LAMINATE PLANK FLOORING FOR THE CLEBURNE CONFERENCE CENTER FROM MARSHALLS RUSTIC FLOORS FOR AN AMOUNT NOT TO EXCEED $35,405.75. Person presenting this item: Burton Barr, Director of Community Services BRIEF: This purchase will replace the existing carpet with vinyl plank laminate flooring at the Conference Center. The carpeting in the Texas Room is showing wear, and the new flooring will be more aesthetically pleasing, while making it a more viable rental space. Three estimates were obtained, so all competitive purchasing requirements have been met. Additionally, this item was discussed with City Council at the budget workshop and included in the Fiscal Year 2017 General Fund budget in the amount of $40,000. BQ3. AUTHORIZE PURCHASE OF FIREARMS, HOLSTERS AND FLASHLIGHTS FOR THE POLICE DEPARTMENT FROM GUNCO ARMS, LLC FOR AN AMOUNT OF $45,957.50 MINUS TRADE-INS VALUED AT $42,330 FOR A TOTAL AMOUNT DUE OF $3,627.50. Person presenting this item: Robert Severance, Director of Police Services BRIEF: Quotes were requested from all known available firearms dealers and received five (5) quotes in total. Three (3) responses were partial quotes and two (2) responses provided quotes for all parts of the request that include: • Trade-in of existing firearms that have been utilized by the police department since the early 1990’s – 2006. • Trade-in of firearms that have been seized or abandoned over the course of several years and have received the required forfeiture release from the judge for the appropriate court. • Purchase of new service firearms, holsters and flashlights for the police department. • Option for the police department officers to re-purchase certain firearms using their own funds. The actual pricing will include: Total purchase of new firearms, holsters and flashlights $45,957.50 Trade of current PD and forfeited firearms ($42,330.00) Total amount due to Gunco Arms $ 3,627.50 This purchase was discussed with Council and included in the General Fund Fiscal Year 2017 budget with the purchase and revenue amounts to net to zero. The additional purchase amount will be paid from the Police Forfeiture Fund. BQ4. AUTHORIZE PURCHASE OF A 2016 MAULDIN 600 GALLON ASPHALT DISTRIBUTOR TRAILER FROM CLOSNER EQUIPMENT CO TO BE USED IN THE STREET DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $40,263.00. Person presenting this item: Keith Fisher, Director of Public Works BRIEF: This unit will be used in the Street Department for necessary road repairs. Its primary purpose is for the application of asphalt emulsions as prime coat, tack coat, and surface treatments as well as serving as a tender for the spray injection pothole patching truck. Closner Equipment Co. was awarded the BuyBoard contract for this unit; so all competitive purchasing requirements have been met. This purchase was discussed with Council and included in the Fiscal Year 2017 General Fund budget. BQ5. AUTHORIZE PURCHASE OF A 70 HORSEPOWER FLYGT PUMP FROM GATEWOOD ELECTRIC REPLACING A WASTEWATER TREATMENT PLANT PUMP AT THE MAIN LIFT STATION FOR AN AMOUNT NOT TO EXCEED $48,014.42. Person presenting this item: Keith Fisher, Director of Public Works BRIEF: Competitive quotes were solicited for a replacement pump for the main lift station at the wastewater treatment plant. This will reduce the possibility of sanitary sewer overflows during heavy rain events by ensuring we have all available pumps working properly as well as keeping the existing pump as an emergency back-up in case of a pump malfunction at a critical time. Quotes were received from three (3) vendors. The lowest, most responsible quote was received from Gatewood Electric in the amount of $48,014.42. This purchase was discussed with Council and included in the Fiscal Year 2017 Utility Fund Waste Water Department’s budget as a purchase for an amount not to exceed $75,000. BQ6. AUTHORIZE PURCHASE OF A 2017 FORD 5350 AEV TYPE 1 AMBULANCE FROM PROFESSIONAL AMBULANCE FOR AN AMOUNT NOT TO EXCEED $173,882.00. Person presenting this item: Clint Ishmael, Director of Fire Services BRIEF: Staff is requesting approval to purchase a new 2017 Ford F350 AEV Type I Ambulance through Professional Ambulance for the amount of $173,882.00. This vehicle is new and equipped with the latest patient/crew safety features. This includes a 12ft patient compartment that allows for ample room for crews to treat patients, 12-VDC/120VAC climate control system to ensure medication and patient compartment are kept at ideal temperature, and a Stryker Power Pro patient cot. Based on the Fire Department’s vehicle requirements, this vehicle meets all required specifications. This does not include additional costs to equip this vehicle with fire radios and additional equipment which will not exceed $6,100. BQ7. AUTHORIZE PURCHASE OF THREE POLICE PATROL VEHICLES TO CALDWELL COUNTY CHEVROLET FOR AN AMOUNT NOT TO EXCEED $185,545.00. Person presenting this item: Keith Fisher, Director of Public Works BRIEF: Two of these vehicles (2017 Chevrolet Tahoes) will replace units # 2022 and 2033 in the Police Department. The third new vehicle will be an addition to the fleet for the purpose of providing a backup patrol vehicle for use when another marked vehicle is down for service, by motorcycle officers during inclement weather, or by reserve officers and overtime officers working special events. These replacement units are being ordered with all necessary police accessories and equipment. Caldwell Country Chevrolet was awarded the BuyBoard contract for this vehicle; so all competitive purchasing requirements have been met. This purchase was discussed with Council and included in the Fiscal Year 2017 budget for Fund 03 (Leased Equipment Fund) for an amount not to exceed $190,000.00. RS1. A RESOLUTION AUTHORIZING RENEWAL OF AMBULANCE SERVICE PERMIT FOR 2017 TO CAREFLITE. Person presenting this item: Clint Ishmael, Director of Fire Services BRIEF: Careflite is requesting renewal of the operations permit to provide ambulance services within the City of Cleburne. They have satisfied all requirements for their 2017 renewal. RS2. A RESOLUTION AUTHORIZING RENEWAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR 2017 TO RICK’S WRECKER SERVICES PROVIDING WRECKER SERVICES IN THE CITY OF CLEBURNE AND PLACEMENT ON THE POLICE ROTATION LIST. Person presenting this item: Rob Severance, Director of Police Services BRIEF: Rick’s Wrecker Service is requesting the renewal of a Certificate of Public Convenience & Necessity Permit to provide wrecker services in the City of Cleburne for the year 2017 and to be placed on the Police Rotation List. All required applications, inspections, certificates and fees have been submitted as required. RS3. A RESOLUTION AUTHORIZING RENEWAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR 2017 TO LONESTAR COLLISION & TOWING PROVIDING WRECKER SERVICES IN THE CITY OF CLEBURNE AND PLACEMENT ON THE POLICE ROTATION LIST. Person presenting this item: Rob Severance, Director of Police Services BRIEF: Lonestar Collision & Towing is requesting the renewal of a Certificate of Public Convenience & Necessity Permit to provide wrecker services in the City of Cleburne for the year 2017 and placement on the Police Rotation List. All required applications, inspections, certificates and fees have been submitted as required. RS4. A RESOLUTION AUTHORIZING AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY LLC TO PROVIDE ADDITIONAL UNDERGROUND ELECTRIC FACILITIES FOR THE CLEBURNE STATION PROJECT FOR AN AMOUNT OF $25,009.67. Person presenting this item: Steve Polasek, Deputy City Manager BRIEF: The cost to the City for our portion of the installation of underground electrical service by Oncor Electric along Cleburne Station Parkway and Brazzle Boulevard is $25,009.67. This expenditure is part of the overall development costs related to bringing utilities to the Depot baseball stadium, roadways and parking area. Electrical service is planned to be available to the site by January allowing for interior construction, wiring, and finish work on the stadium to begin. The stadium is scheduled to open in mid-spring of 2017. RS5. A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH JOHNSON COUNTY TO FURNISH CRS-2 EMULSION (ROAD REPAIR MATERIAL) FOR A COST OF $1.94 PER GALLON. Person presenting this item: Anthony Meeker, Public Works Operations Manager BRIEF: This interlocal agreement will specifically address road repair material. This agreement will allow the City of Cleburne to purchase CRS-2 Emulsion on an as-needed basis from Johnson County at a cost of $1.94 per gallon. The purpose of this agreement is to establish a local source for CRS-2 emulsion for use in pothole repair and chip seal. The City of Cleburne does not have the storage equipment necessary to purchase directly from local suppliers; the nearest facility willing to load CRS-2 in small quantities is in Waco, TX. If approved by City Council, this agreement will be presented to the Johnson County Commissioner’s Court for approval at their December 27, 2016 meeting. RS6. A RESOLUTION AUTHORIZING AN AGREEMENT WITH TASER INTERNATIONAL FOR THE PURCHASE OF 20 TASERS AND RELATED EQUIPMENT THROUGH THE “TASER 60 PROGRAM”; PROVIDING FOR PAYMENT PLAN AND EXTENDED WARRANTY FOR A FIVE YEAR PERIOD FOR A TOTAL COST OF $24,717.20. Person presenting this item: Rob Severance, Director of Police Services BRIEF: This program allows the purchase of 20 Tasers for $3,280.00 the first year (FY 2017) and $5,280.00 for the next four (4) years for a total of $24,400.00 plus $317.20 shipping for a grand total of $24,717.20. By purchasing in bulk, the city would save $3,210.20. Purchase includes the tasers, holsters, batteries, cartridges & warranty. TASER International is a sole source provider. OR1. AN ORDINANCE APPROVING THE APPOINTMENT OF RITA PAPAJOHN AND MARKIE COOKE AS ASSOCIATE MUNICIPAL COURT JUDGES FOR THE CLEBURNE MUNICIPAL COURT OF RECORD THROUGH MAY 31, 2018. Person presenting this item: Terry Leake, Director of Finance BRIEF: The City of Cleburne’s Municipal Court became a Court of Record in 2013 with the adoption of Ordinance 03-2013-11. Included in the Ordinance is the provision for appointment by the City Council of an Associate Judge(s) and below is an excerpt from the Code of Ordinances: § 30.16 Municipal Court Judge; Vacancies; Associate Judge (B) If a vacancy occurs in the office of a Municipal Judge of a court of record, the City Council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. The City Council may appoint one or more qualified persons as an Associate Judge to be available to serve for a Municipal Judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The Municipal Judge shall select one of the qualified persons appointed by the City Council to serve during the absence of the Municipal Judge. The Associate Judge, while serving as a Municipal Judge, has all the powers and shall discharge all the duties of a Municipal Judge. An Associate Judge must meet the qualifications prescribed for the Municipal Judge. The City Council shall set the compensation for the Associate Judge. On November 8 2016, City Council reappointed Michael Kurmes as Municipal Court Judge through May 31, 2018. Judge Kurmes has requested that City Council appoint Rita Papajohn as a paid Associate Judge and Markie Cooke as an unpaid Associate Judge to cover for Judge Kurmes, when he is unavailable for court of magistrate duties. This appointment is made by ordinance, as the Court of Record was created pursuant to Chapter 30, Subchapter P, of the Texas Government Code, and Section 30.006(b) of the Texas Government Code provides that Municipal Courts of Record must have their judges appointed by an ordinance of the City Council and the City of Cleburne Charter provides for the Council’s appointment of a Municipal Court Judge. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF NOVEMBER 2016. Person presenting this item: Terry Leake, Director of Finance OC2. APPROVE REPLAT OF LOTS 4-7, BLOCK 1, WINDMILL ADDITION, (BEING A REPLAT OF LOT 2R1, BLOCK 1, AND BEING 81.805 ACRES LOCATED AT 1845 SPARKS DRIVE), AS REQUESTED BY CLEBURNE ECONOMIC DEVELOPMENT FOUNDATION, REPRESENTED BY TRANS TEXAS SURVEYING. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 28, 2016 meeting. The purpose for this final plat is to create 4 lots for industrial use. The zoning for this property is M2 (Heavy Industrial District) and the zoning for the surrounding property is M2 (Heavy Industrial District), A (Agricultural District) and M1 (Light Industrial District). The Comprehensive Land Use Plan shows this area to be Transportation and Industry and surrounding area to be Transportation and Industry and Traditional Neighborhoods. P&Z recommended approval of this plat by a vote of 7-0. OC3. APPOINTMENT TO THE CIVIL SERVICE COMMISSION - REAPPOINT TERRI WILSON. Person presenting this item: Debra Powledge, Director of Human Resources BRIEF: Terri Wilson’s term with the Civil Service Commission expires on December 14, 2016. Mrs. Wilson has been a valuable asset to the Commission and is willing to serve another term for the City of Cleburne. OC4. APPOINTMENT TO THE LIBRARY ADVISORY BOARD - REAPPOINT LARRY GRIGSBY. Person presenting this item: Tina Dunham, Library Manager BRIEF: The first term of Larry Grigsby expired on December 9th. Staff respectfully requests that Mr. Grigsby be reappointed to a second term. He has been contacted and is willing to serve. OC5. APPOINTMENT TO THE 4B ECONOMIC DEVELOPMENT COMMISSION BOARD OF DIRECTORS - REAPPOINT MICHAEL ARTHURS. Person presenting this item: Burton Barr, Director of Community Services BRIEF: Michael Arthurs’ first term expired December 9th. This is to consider reappointment of Michael Arthurs as he is willing to serve a second term. OC6. APPOINTMENT TO THE MUSEUM ADVISORY BOARD – MAXINE AMMONS. Person presenting this item: Burton Barr, Director of Community Services BRIEF: Staff recommends the appointment of Maxine Ammons to the Board to replace Gary Shaw whose term expired September 23rd.
A RESOLUTION AMENDING A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH CENTURION AMERICAN DEVELOPMENT GROUP FOR A RESIDENTIAL DEVELOPMENT INCENTIVE PROGRAM. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: This is an amendment to an agreement made in March of 2015 with Centurion American Development. The 380 agreement set out conditions for incentives granted as part of the 1,000 Homes program. Cross Creek Estates II is a 68 lot development located approximately 400 feet west of the Country Club Road and Lakeway Drive intersection. The developer was delayed in the project due to their inability to have proper appraisals done for new housing in Cleburne due to market conditions. The amendment is to grant an extension of 8 months from December 31, 2016 to August 31, 2017 to the developer to complete at least 5 homes. The amendment also increases the minimum number of homes from at least 5 homes to at least 10 homes by the August 31, 2017 deadline. The amendment also removes the requirement that an underground chase be installed throughout the subdivision and allow the telecommunications companies to install their standard conduits.
*PUBLIC HEARING* AN ORDINANCE REZONING 0.111 ACRES (LOCATED AT 106 E HENDERSON ST) FROM C3 (COMMERCIAL DISTRICT) TO C3/ODT (COMMERCIAL DISTRICT/ORIGINAL DOWNTOWN OVERLAY DISTRICT), AS REQUESTED BY JUSTIN & ALICIA SMITH, REPRESENTED BY JIM & TERESA FERENS. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 14, 2016 meeting. The purpose for this request is to allow for residential use of the second floor and commercial use of the first floor. The zoning for the surrounding property is C3 (Commercial District). The Comprehensive Land Use Plan shows this area and surrounding area to be Downtown TDA. Notifications were sent out to a 200' radius and there were inquiries but no objections. P&Z recommended approval by a vote of 4-0.
*PUBLIC HEARING* AN ORDINANCE REZONING 1.42 ACRES (LOCATED AT 621- 623 N MAIN ST) FROM C3 (COMMERCIAL DISTRICT) TO MF (MULTIPLE-FAMILY HOUSING DISTRICT), AS REQUESTED BY FARRAH BARNES, REPRESENTED BY COURTNEY MONCRIEF. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 28, 2016 meeting. The purpose for this request is to use the existing house as a residential house. The ordinance states that after the property has been left vacant for more than 1 year the property must comply with its current zoning which is C3 (Commercial District). In this case, the house has been left vacant for over a year so residential dwelling is not allowed in a C3 district. The zoning for the surrounding property is C3 (Commercial District and SF-4 (Single-Family Dwelling District). The Comprehensive Land Use Plan shows this area to be Central Corridor and surrounding area to be Central Corridor and Center City North. Notifications were sent out to a 200' radius and there were inquiries and objections. P&Z recommended that the request for rezone be approved by a vote of 7-0.
ORDINANCE DISANNEXING TERRITORY (APPROXIMATELY 3.683 ACRES) AND AMENDING THE BOUNDARY LIMITS OF THE CITY OF CLEBURNE. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: The Interim City Manager has engaged the property owners in numerous conversations about their property. A portion of their property was annexed in 2012, but only a small portion adjacent to the roadway. The property owners’ homes were not part of the annexation. I discussed with the property owners the option to voluntarily annex their homes into the city limits or I would be willing to submit to the Council a disannexation of the small portion that is displayed on the attached map. I am recommending the Council disannex these small pieces of the owners’ property.
AN ORDINANCE AUTHORIZING A VARIANCE FOR REQUIREMENT TO INSTALL CURB AND GUTTER AT LOT 3R, BLOCK 1, HUNTER DEVELOPMENT, LOCATED AT 505 E VAUGHN RD, AS REQUESTED BY WESLEY AND LAUREN HISER. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 14, 2016 meeting. This is a request to waive the installation of curb & gutter. The ordinance requires curb & gutter be installed on all new construction. Drainage on this road is taken care of by bar ditches. The zoning for this lot is SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area and surrounding are to be Sustainable Community. P&Z recommended approval of the variance by a vote of 4-0.
*PUBLIC HEARING* APPROVE FINAL PLAT OF LOT 1, BLOCK 1, THE COTTON COMPRESS ADDITION (BEING 5.447 ACRES OF BLOCK A, KEATING ADDITION, ALONG WITH A PORTION OF THE 18’ ALLEY IN BLOCK A, ALL OF BLOCKS 82, 87, 88 AND 89 ORIGINAL CLEBURNE), AS REQUESTED BY DUDLEY REALTY, LLC; REPRESENTED BY MAXINE AMMONS. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 28, 2016 meeting. The purpose for this final plat is to create one lot. The zoning for this property is MF (Multiple-Family Housing District), M1 (Light Industrial District) and M2/SUP (Heavy Industrial District/Specific Use Permit). The zoning for the surrounding property is M1 (Light Industrial District), M2 (Heavy Industrial District) and MF (Multiple-Family Housing District). The Comprehensive Land Use Plan shows this area to be Preservation and surrounding area to be Transportation and Industry and Preservation. Notifications were sent out to a 200' radius and there were inquiries but no objections. P&Z recommended approval of this plat by a vote of 7-0.
Executive Session 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 environmental service permits from Reitz Environmental Services and Harrington Environmental Services with Texas Commission on Environmental Quality and possible measures to protect the Lake Pat Cleburne watershed B. §551.074. Personnel Matters; Closed Meeting: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 1) Deliberate the appointment, employment, evaluation, and duties of the City Manager C. §551.087. Deliberation Regarding Economic Development Negotiations; Closed Meeting: This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 1) Discuss development incentive proposal Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. Adjournment
I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, Mayor Pro Tem Gayle White, SMD 2 Dale Sturgeon, SMD 3 John Warren, SMD 4 Division Directors: Burton Barr, Community Services Clint Ishmael, Fire Services Terry Leake, Finance Debra Powledge, Human Resources Rob Severance, Police Services Administration: Dan O’Leary, Interim City Manager Steve Polasek, Deputy City Manager Shelly Doty, City Secretary Ivy Peterson, Deputy City Secretary Fritz Quast, City Attorney Department Heads: Tom Davis, Information Technology Media: Matt Smith, Times-Review II. INVOCATION by Ron Shultz, Bethel Temple III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – October STARS Award – Barry Hardemon, Building Services Department Proclamation – Zonta Says No Presentation - Law Enforcement Profession and Historical Injustices report (October 2016) from International Association of Chiefs of Police (IACP)
CITIZENS COMMENTS An opportunity for the public to make comments or address concerns not posted on the agenda.
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 NOVEMBER 8, 2016 REGULAR COUNCIL MEETING. BQ1. AUTHORIZE PURCHASE OF A MANUALLY OPERATED AIR CURTAIN PARTITION FOR THE CLEBURNE CONFERENCE CENTER FROM HUFCOR, INC, FOR AN AMOUNT NOT TO EXCEED $30,300. Person presenting this item: Burton Barr, Director of Community Services BRIEF: This purchase will replace the original 1986 air curtain partition at the Conference Center. This will allow the Texas Room to be divided into two rooms, which will add additional meeting space at the facility. Three estimates were obtained, so all competitive purchasing requirements have been met, and Hufcor, Inc was the lowest quote ($30,300). Additionally, this item was discussed at the budget workshop and included in the 2016-2017 budget. BQ2. AUTHORIZE PURCHASE AND INSTALLATION OF LAMINATE PLANK FLOORING FOR THE CLEBURNE CONFERENCE CENTER FROM MARSHALLS RUSTIC FLOORS FOR AN AMOUNT NOT TO EXCEED $35,405.75. Person presenting this item: Burton Barr, Director of Community Services BRIEF: This purchase will replace the existing carpet with vinyl plank laminate flooring at the Conference Center. The carpeting in the Texas Room is showing wear, and the new flooring will be more aesthetically pleasing, while making it a more viable rental space. Three estimates were obtained, so all competitive purchasing requirements have been met. Additionally, this item was discussed with City Council at the budget workshop and included in the Fiscal Year 2017 General Fund budget in the amount of $40,000. BQ3. AUTHORIZE PURCHASE OF FIREARMS, HOLSTERS AND FLASHLIGHTS FOR THE POLICE DEPARTMENT FROM GUNCO ARMS, LLC FOR AN AMOUNT OF $45,957.50 MINUS TRADE-INS VALUED AT $42,330 FOR A TOTAL AMOUNT DUE OF $3,627.50. Person presenting this item: Robert Severance, Director of Police Services BRIEF: Quotes were requested from all known available firearms dealers and received five (5) quotes in total. Three (3) responses were partial quotes and two (2) responses provided quotes for all parts of the request that include: • Trade-in of existing firearms that have been utilized by the police department since the early 1990’s – 2006. • Trade-in of firearms that have been seized or abandoned over the course of several years and have received the required forfeiture release from the judge for the appropriate court. • Purchase of new service firearms, holsters and flashlights for the police department. • Option for the police department officers to re-purchase certain firearms using their own funds. The actual pricing will include: Total purchase of new firearms, holsters and flashlights $45,957.50 Trade of current PD and forfeited firearms ($42,330.00) Total amount due to Gunco Arms $ 3,627.50 This purchase was discussed with Council and included in the General Fund Fiscal Year 2017 budget with the purchase and revenue amounts to net to zero. The additional purchase amount will be paid from the Police Forfeiture Fund. BQ4. AUTHORIZE PURCHASE OF A 2016 MAULDIN 600 GALLON ASPHALT DISTRIBUTOR TRAILER FROM CLOSNER EQUIPMENT CO TO BE USED IN THE STREET DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $40,263.00. Person presenting this item: Keith Fisher, Director of Public Works BRIEF: This unit will be used in the Street Department for necessary road repairs. Its primary purpose is for the application of asphalt emulsions as prime coat, tack coat, and surface treatments as well as serving as a tender for the spray injection pothole patching truck. Closner Equipment Co. was awarded the BuyBoard contract for this unit; so all competitive purchasing requirements have been met. This purchase was discussed with Council and included in the Fiscal Year 2017 General Fund budget. BQ5. AUTHORIZE PURCHASE OF A 70 HORSEPOWER FLYGT PUMP FROM GATEWOOD ELECTRIC REPLACING A WASTEWATER TREATMENT PLANT PUMP AT THE MAIN LIFT STATION FOR AN AMOUNT NOT TO EXCEED $48,014.42. Person presenting this item: Keith Fisher, Director of Public Works BRIEF: Competitive quotes were solicited for a replacement pump for the main lift station at the wastewater treatment plant. This will reduce the possibility of sanitary sewer overflows during heavy rain events by ensuring we have all available pumps working properly as well as keeping the existing pump as an emergency back-up in case of a pump malfunction at a critical time. Quotes were received from three (3) vendors. The lowest, most responsible quote was received from Gatewood Electric in the amount of $48,014.42. This purchase was discussed with Council and included in the Fiscal Year 2017 Utility Fund Waste Water Department’s budget as a purchase for an amount not to exceed $75,000. BQ6. AUTHORIZE PURCHASE OF A 2017 FORD 5350 AEV TYPE 1 AMBULANCE FROM PROFESSIONAL AMBULANCE FOR AN AMOUNT NOT TO EXCEED $173,882.00. Person presenting this item: Clint Ishmael, Director of Fire Services BRIEF: Staff is requesting approval to purchase a new 2017 Ford F350 AEV Type I Ambulance through Professional Ambulance for the amount of $173,882.00. This vehicle is new and equipped with the latest patient/crew safety features. This includes a 12ft patient compartment that allows for ample room for crews to treat patients, 12-VDC/120VAC climate control system to ensure medication and patient compartment are kept at ideal temperature, and a Stryker Power Pro patient cot. Based on the Fire Department’s vehicle requirements, this vehicle meets all required specifications. This does not include additional costs to equip this vehicle with fire radios and additional equipment which will not exceed $6,100. BQ7. AUTHORIZE PURCHASE OF THREE POLICE PATROL VEHICLES TO CALDWELL COUNTY CHEVROLET FOR AN AMOUNT NOT TO EXCEED $185,545.00. Person presenting this item: Keith Fisher, Director of Public Works BRIEF: Two of these vehicles (2017 Chevrolet Tahoes) will replace units # 2022 and 2033 in the Police Department. The third new vehicle will be an addition to the fleet for the purpose of providing a backup patrol vehicle for use when another marked vehicle is down for service, by motorcycle officers during inclement weather, or by reserve officers and overtime officers working special events. These replacement units are being ordered with all necessary police accessories and equipment. Caldwell Country Chevrolet was awarded the BuyBoard contract for this vehicle; so all competitive purchasing requirements have been met. This purchase was discussed with Council and included in the Fiscal Year 2017 budget for Fund 03 (Leased Equipment Fund) for an amount not to exceed $190,000.00. RS1. A RESOLUTION AUTHORIZING RENEWAL OF AMBULANCE SERVICE PERMIT FOR 2017 TO CAREFLITE. Person presenting this item: Clint Ishmael, Director of Fire Services BRIEF: Careflite is requesting renewal of the operations permit to provide ambulance services within the City of Cleburne. They have satisfied all requirements for their 2017 renewal. RS2. A RESOLUTION AUTHORIZING RENEWAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR 2017 TO RICK’S WRECKER SERVICES PROVIDING WRECKER SERVICES IN THE CITY OF CLEBURNE AND PLACEMENT ON THE POLICE ROTATION LIST. Person presenting this item: Rob Severance, Director of Police Services BRIEF: Rick’s Wrecker Service is requesting the renewal of a Certificate of Public Convenience & Necessity Permit to provide wrecker services in the City of Cleburne for the year 2017 and to be placed on the Police Rotation List. All required applications, inspections, certificates and fees have been submitted as required. RS3. A RESOLUTION AUTHORIZING RENEWAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR 2017 TO LONESTAR COLLISION & TOWING PROVIDING WRECKER SERVICES IN THE CITY OF CLEBURNE AND PLACEMENT ON THE POLICE ROTATION LIST. Person presenting this item: Rob Severance, Director of Police Services BRIEF: Lonestar Collision & Towing is requesting the renewal of a Certificate of Public Convenience & Necessity Permit to provide wrecker services in the City of Cleburne for the year 2017 and placement on the Police Rotation List. All required applications, inspections, certificates and fees have been submitted as required. RS4. A RESOLUTION AUTHORIZING AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY LLC TO PROVIDE ADDITIONAL UNDERGROUND ELECTRIC FACILITIES FOR THE CLEBURNE STATION PROJECT FOR AN AMOUNT OF $25,009.67. Person presenting this item: Steve Polasek, Deputy City Manager BRIEF: The cost to the City for our portion of the installation of underground electrical service by Oncor Electric along Cleburne Station Parkway and Brazzle Boulevard is $25,009.67. This expenditure is part of the overall development costs related to bringing utilities to the Depot baseball stadium, roadways and parking area. Electrical service is planned to be available to the site by January allowing for interior construction, wiring, and finish work on the stadium to begin. The stadium is scheduled to open in mid-spring of 2017. RS5. A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH JOHNSON COUNTY TO FURNISH CRS-2 EMULSION (ROAD REPAIR MATERIAL) FOR A COST OF $1.94 PER GALLON. Person presenting this item: Anthony Meeker, Public Works Operations Manager BRIEF: This interlocal agreement will specifically address road repair material. This agreement will allow the City of Cleburne to purchase CRS-2 Emulsion on an as-needed basis from Johnson County at a cost of $1.94 per gallon. The purpose of this agreement is to establish a local source for CRS-2 emulsion for use in pothole repair and chip seal. The City of Cleburne does not have the storage equipment necessary to purchase directly from local suppliers; the nearest facility willing to load CRS-2 in small quantities is in Waco, TX. If approved by City Council, this agreement will be presented to the Johnson County Commissioner’s Court for approval at their December 27, 2016 meeting. RS6. A RESOLUTION AUTHORIZING AN AGREEMENT WITH TASER INTERNATIONAL FOR THE PURCHASE OF 20 TASERS AND RELATED EQUIPMENT THROUGH THE “TASER 60 PROGRAM”; PROVIDING FOR PAYMENT PLAN AND EXTENDED WARRANTY FOR A FIVE YEAR PERIOD FOR A TOTAL COST OF $24,717.20. Person presenting this item: Rob Severance, Director of Police Services BRIEF: This program allows the purchase of 20 Tasers for $3,280.00 the first year (FY 2017) and $5,280.00 for the next four (4) years for a total of $24,400.00 plus $317.20 shipping for a grand total of $24,717.20. By purchasing in bulk, the city would save $3,210.20. Purchase includes the tasers, holsters, batteries, cartridges & warranty. TASER International is a sole source provider. OR1. AN ORDINANCE APPROVING THE APPOINTMENT OF RITA PAPAJOHN AND MARKIE COOKE AS ASSOCIATE MUNICIPAL COURT JUDGES FOR THE CLEBURNE MUNICIPAL COURT OF RECORD THROUGH MAY 31, 2018. Person presenting this item: Terry Leake, Director of Finance BRIEF: The City of Cleburne’s Municipal Court became a Court of Record in 2013 with the adoption of Ordinance 03-2013-11. Included in the Ordinance is the provision for appointment by the City Council of an Associate Judge(s) and below is an excerpt from the Code of Ordinances: § 30.16 Municipal Court Judge; Vacancies; Associate Judge (B) If a vacancy occurs in the office of a Municipal Judge of a court of record, the City Council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. The City Council may appoint one or more qualified persons as an Associate Judge to be available to serve for a Municipal Judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The Municipal Judge shall select one of the qualified persons appointed by the City Council to serve during the absence of the Municipal Judge. The Associate Judge, while serving as a Municipal Judge, has all the powers and shall discharge all the duties of a Municipal Judge. An Associate Judge must meet the qualifications prescribed for the Municipal Judge. The City Council shall set the compensation for the Associate Judge. On November 8 2016, City Council reappointed Michael Kurmes as Municipal Court Judge through May 31, 2018. Judge Kurmes has requested that City Council appoint Rita Papajohn as a paid Associate Judge and Markie Cooke as an unpaid Associate Judge to cover for Judge Kurmes, when he is unavailable for court of magistrate duties. This appointment is made by ordinance, as the Court of Record was created pursuant to Chapter 30, Subchapter P, of the Texas Government Code, and Section 30.006(b) of the Texas Government Code provides that Municipal Courts of Record must have their judges appointed by an ordinance of the City Council and the City of Cleburne Charter provides for the Council’s appointment of a Municipal Court Judge. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF NOVEMBER 2016. Person presenting this item: Terry Leake, Director of Finance OC2. APPROVE REPLAT OF LOTS 4-7, BLOCK 1, WINDMILL ADDITION, (BEING A REPLAT OF LOT 2R1, BLOCK 1, AND BEING 81.805 ACRES LOCATED AT 1845 SPARKS DRIVE), AS REQUESTED BY CLEBURNE ECONOMIC DEVELOPMENT FOUNDATION, REPRESENTED BY TRANS TEXAS SURVEYING. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 28, 2016 meeting. The purpose for this final plat is to create 4 lots for industrial use. The zoning for this property is M2 (Heavy Industrial District) and the zoning for the surrounding property is M2 (Heavy Industrial District), A (Agricultural District) and M1 (Light Industrial District). The Comprehensive Land Use Plan shows this area to be Transportation and Industry and surrounding area to be Transportation and Industry and Traditional Neighborhoods. P&Z recommended approval of this plat by a vote of 7-0. OC3. APPOINTMENT TO THE CIVIL SERVICE COMMISSION - REAPPOINT TERRI WILSON. Person presenting this item: Debra Powledge, Director of Human Resources BRIEF: Terri Wilson’s term with the Civil Service Commission expires on December 14, 2016. Mrs. Wilson has been a valuable asset to the Commission and is willing to serve another term for the City of Cleburne. OC4. APPOINTMENT TO THE LIBRARY ADVISORY BOARD - REAPPOINT LARRY GRIGSBY. Person presenting this item: Tina Dunham, Library Manager BRIEF: The first term of Larry Grigsby expired on December 9th. Staff respectfully requests that Mr. Grigsby be reappointed to a second term. He has been contacted and is willing to serve. OC5. APPOINTMENT TO THE 4B ECONOMIC DEVELOPMENT COMMISSION BOARD OF DIRECTORS - REAPPOINT MICHAEL ARTHURS. Person presenting this item: Burton Barr, Director of Community Services BRIEF: Michael Arthurs’ first term expired December 9th. This is to consider reappointment of Michael Arthurs as he is willing to serve a second term. OC6. APPOINTMENT TO THE MUSEUM ADVISORY BOARD – MAXINE AMMONS. Person presenting this item: Burton Barr, Director of Community Services BRIEF: Staff recommends the appointment of Maxine Ammons to the Board to replace Gary Shaw whose term expired September 23rd.
A RESOLUTION AMENDING A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH CENTURION AMERICAN DEVELOPMENT GROUP FOR A RESIDENTIAL DEVELOPMENT INCENTIVE PROGRAM. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: This is an amendment to an agreement made in March of 2015 with Centurion American Development. The 380 agreement set out conditions for incentives granted as part of the 1,000 Homes program. Cross Creek Estates II is a 68 lot development located approximately 400 feet west of the Country Club Road and Lakeway Drive intersection. The developer was delayed in the project due to their inability to have proper appraisals done for new housing in Cleburne due to market conditions. The amendment is to grant an extension of 8 months from December 31, 2016 to August 31, 2017 to the developer to complete at least 5 homes. The amendment also increases the minimum number of homes from at least 5 homes to at least 10 homes by the August 31, 2017 deadline. The amendment also removes the requirement that an underground chase be installed throughout the subdivision and allow the telecommunications companies to install their standard conduits.
*PUBLIC HEARING* AN ORDINANCE REZONING 0.111 ACRES (LOCATED AT 106 E HENDERSON ST) FROM C3 (COMMERCIAL DISTRICT) TO C3/ODT (COMMERCIAL DISTRICT/ORIGINAL DOWNTOWN OVERLAY DISTRICT), AS REQUESTED BY JUSTIN & ALICIA SMITH, REPRESENTED BY JIM & TERESA FERENS. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 14, 2016 meeting. The purpose for this request is to allow for residential use of the second floor and commercial use of the first floor. The zoning for the surrounding property is C3 (Commercial District). The Comprehensive Land Use Plan shows this area and surrounding area to be Downtown TDA. Notifications were sent out to a 200' radius and there were inquiries but no objections. P&Z recommended approval by a vote of 4-0.
*PUBLIC HEARING* AN ORDINANCE REZONING 1.42 ACRES (LOCATED AT 621- 623 N MAIN ST) FROM C3 (COMMERCIAL DISTRICT) TO MF (MULTIPLE-FAMILY HOUSING DISTRICT), AS REQUESTED BY FARRAH BARNES, REPRESENTED BY COURTNEY MONCRIEF. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 28, 2016 meeting. The purpose for this request is to use the existing house as a residential house. The ordinance states that after the property has been left vacant for more than 1 year the property must comply with its current zoning which is C3 (Commercial District). In this case, the house has been left vacant for over a year so residential dwelling is not allowed in a C3 district. The zoning for the surrounding property is C3 (Commercial District and SF-4 (Single-Family Dwelling District). The Comprehensive Land Use Plan shows this area to be Central Corridor and surrounding area to be Central Corridor and Center City North. Notifications were sent out to a 200' radius and there were inquiries and objections. P&Z recommended that the request for rezone be approved by a vote of 7-0.
ORDINANCE DISANNEXING TERRITORY (APPROXIMATELY 3.683 ACRES) AND AMENDING THE BOUNDARY LIMITS OF THE CITY OF CLEBURNE. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: The Interim City Manager has engaged the property owners in numerous conversations about their property. A portion of their property was annexed in 2012, but only a small portion adjacent to the roadway. The property owners’ homes were not part of the annexation. I discussed with the property owners the option to voluntarily annex their homes into the city limits or I would be willing to submit to the Council a disannexation of the small portion that is displayed on the attached map. I am recommending the Council disannex these small pieces of the owners’ property.
AN ORDINANCE AUTHORIZING A VARIANCE FOR REQUIREMENT TO INSTALL CURB AND GUTTER AT LOT 3R, BLOCK 1, HUNTER DEVELOPMENT, LOCATED AT 505 E VAUGHN RD, AS REQUESTED BY WESLEY AND LAUREN HISER. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 14, 2016 meeting. This is a request to waive the installation of curb & gutter. The ordinance requires curb & gutter be installed on all new construction. Drainage on this road is taken care of by bar ditches. The zoning for this lot is SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area and surrounding are to be Sustainable Community. P&Z recommended approval of the variance by a vote of 4-0.
*PUBLIC HEARING* APPROVE FINAL PLAT OF LOT 1, BLOCK 1, THE COTTON COMPRESS ADDITION (BEING 5.447 ACRES OF BLOCK A, KEATING ADDITION, ALONG WITH A PORTION OF THE 18’ ALLEY IN BLOCK A, ALL OF BLOCKS 82, 87, 88 AND 89 ORIGINAL CLEBURNE), AS REQUESTED BY DUDLEY REALTY, LLC; REPRESENTED BY MAXINE AMMONS. Person presenting this item: Nora Fussner, Planning and Zoning Coordinator BRIEF: The Planning and Zoning Commission considered this at its November 28, 2016 meeting. The purpose for this final plat is to create one lot. The zoning for this property is MF (Multiple-Family Housing District), M1 (Light Industrial District) and M2/SUP (Heavy Industrial District/Specific Use Permit). The zoning for the surrounding property is M1 (Light Industrial District), M2 (Heavy Industrial District) and MF (Multiple-Family Housing District). The Comprehensive Land Use Plan shows this area to be Preservation and surrounding area to be Transportation and Industry and Preservation. Notifications were sent out to a 200' radius and there were inquiries but no objections. P&Z recommended approval of this plat by a vote of 7-0.
Executive Session 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 environmental service permits from Reitz Environmental Services and Harrington Environmental Services with Texas Commission on Environmental Quality and possible measures to protect the Lake Pat Cleburne watershed B. §551.074. Personnel Matters; Closed Meeting: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 1) Deliberate the appointment, employment, evaluation, and duties of the City Manager C. §551.087. Deliberation Regarding Economic Development Negotiations; Closed Meeting: This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 1) Discuss development incentive proposal Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. Adjournment