I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Chris Boedeker, SMD 2 Mike Mann, SMD 3 John Warren, Mayor Pro Tem/SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney Ivy Peterson, City Secretary II. INVOCATION by Pastor Dean Elliott, Cleburne Bible Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Proclamation – 2020 Census Day, April 1 – Mayor
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. CONSIDER MINUTES FOR THE MARCH 10, 2020 REGULAR COUNCIL MEETING. M2. CONSIDER MINUTES FOR THE MARCH 13, 2020 EMERGENCY COUNCIL MEETING. RS1. CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE DECLARATION OF LOCAL DISASTER UNTIL APRIL 14, 2020, 11:59PM. RS2. CONSIDER A RESOLUTION AUTHORIZING A RESIDENTIAL HISTORIC REINVESTMENT TAX INCENTIVE FOR THE PROPERTY LOCATED AT 604 PRAIRIE AVENUE; AS REQUESTED BY HAROLD GENTRY. OR1. CONSIDER AN ORDINANCE RESCINDING BIDS AWARDED ON DECEMBER 10, 2019 AND REAUTHORIZE RESALE BIDS FOR PROPERTIES LOCATED AT 612 EAST WARDVILLE STREET, 720 NORTH BORDER STREET, AND 722 NORTH BORDER STREET.OR2. CONSIDER AN ORDINANCE RATIFYING AND APPROVING THE CITY OF CLEBURNE’S CURRENT EMERGENCY MANAGEMENT PLAN; AMENDING THE PLAN TO ALLOW PENALTIES UNDER STATE LAW. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF FEBRUARY 2020. OC2. CONSIDER FINAL PLAT OF LOTS 1 AND 2, BLOCK 1, OF SILO MILLS, BEING ±11.331 ACRES OF LAND, LOCATED AT 7924 CR 1010 WITHIN THE EXTRATERRITORIAL JURISDICTION; AS REQUESTED BY PROPHET EQUITY, REPRESENTED BY PELOTON LAND SOLUTIONS, INC. OC3. CONSIDER THE PRELIMINARY PLAT OF BAKER FARMS, BEING ±60.423 ACRES OF LAND, LOCATED IN THE 1800 BLOCK OF WEST HENDERSON STREET; AS REQUESTED BY GOSSETT FARMS, LLC, REPRESENTED BY DREW DONOSKY.
CONSIDER A RESOLUTION ACCEPTING THE ANNUAL AUDIT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019. Person presenting this item: Troy Lestina, Director of Finance BRIEF: Section 8.12 of the City of Cleburne Charter states that an independent firm of certified public accountants will perform the annual audit and present the results to the City Council. On Tuesday, February 25, 2020, the Audit Committee met with John Manning, the audit engagement partner with the City’s audit firm, Pattillo, Brown and Hill LLP, to review the results of the annual audit for Fiscal Year ended September 30, 2019 and the Statement on Auditing Standards 114 audit management letter. The City received an unmodified opinion (Independent Auditor’s Report), which is the most favorable audit opinion an entity can receive. John Manning of Pattillo, Brown and Hill LLP, will be present to give a brief presentation regarding the annual audit. The Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended September 30, 2019 is an exhibit to the staff report. A public copy of the CAFR is also available for review in the Finance Department, City Secretary’s Office and Library. The CAFR will also be available on the City’s website after acceptance by City Council.
CONSIDER A RESOLUTION POSTPONING THE GENERAL ELECTION CALLED FOR MAY 2, 2020 FOR MAYOR AND COUNCILMEMBERS FOR SINGLE MEMBER DISTRICTS ONE AND FOUR UNTIL NOVEMBER 3, 2020. Person presenting this item: Ivy Peterson, City Secretary BRIEF: In accordance with the general laws and Constitution of the State of Texas, the Charter of the City of Cleburne, and pursuant to Council’s Ordinance No.02-2020-12, a Municipal Officers’ election was ordered to be held on May 2, 2020, for the purpose of electing a Mayor and Council Members for Single Member Districts 1 and 4. Pursuant to Section 418.016 of the Texas Government Code, on March 18, 2020, the Governor of the State of Texas signed a proclamation suspending certain provisions of the Texas Election Code and the Texas Water Code allowing all local political subdivisions that are utilizing the May 2nd uniform election date to postpone their elections to the November 3, 2020, uniform election date. Under Article XVI, Sec 17 of the Texas Constitution, the current elected officers will continue to exercise their duties until the new officers take their oaths of office. The candidate filing period will not be re-opened for the November 3rd election. If postponement is approved, Council action will be required no later than August 17th to make necessary revisions to the original Order approved in February this year.
CONSIDER AN ORDINANCE GRANTING REQUEST FOR A SPECIAL EXCEPTION USE PERMIT FOR A REDUCTION OF THE REQUIRED PARKING SPACES PER SECTION 155.54 OF THE ZONING ORDINANCE, FOR 801 WEST HENDERSON STREET; AS REQUESTED BY JAMES E. WRIGHT, REPRESENTED BY JOHN SCRIBNER. Person presenting this item: Shane Pace, Director of Community Development BRIEF: The applicant is requesting a special exception use permit for a reduction of the required parking spaces for the property located at 801 W. Henderson Street, for the future location of a proposed Chick-Fil-A restaurant. Per Section 155.16 of the Zoning Ordinance, a Special Exception Use Permit can be requested from City Council to allow for a reduction in the number of required parking spaces. The applicant is proposing 126 seats for the restaurant, 16 of which are to be located outdoors. Per Section 155.54, the parking ratio for a restaurant is one (1) parking space for every two (2) seats, which would require 63 spaces for this restaurant. Chick- Fil-A is requesting a reduction of 12 spaces to provide a maximum of 51 parking spaces on the subject property. The applicant contends the proposed 51 parking spaces as well as a 22-car stacking in the drive-thru lanes will be adequate to serve the restaurant. The applicant has stated that Chick-Fil- A has a high demand for window pickup as a drive-thru oriented establishment and therefore the requested reduction in parking should not adversely impact the operation of the proposed business nor the surrounding properties.
CONSIDER AN ORDINANCE DISANNEXING TERRITORY FROM THE CITY OF CLEBURNE, BEING ±7.935 ACRES AT 4363 WEATHERFORD HIGHWAY; AMENDING BOUNDARY LIMITS OF SAID CITY; AS REQUESTED BY BRYCE CLOTHIER. Person presenting this item: Shane Pace, Director of Community Development BRIEF: Bryce Clothier is the owner of approximately 10.008 acres of land located at 4363 Weatherford Highway, 7.935 acres of which are located within the city limits of Cleburne. The property owner has requested to have their property disannexed from the corporate limits of the City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The owner of the property at the time of the annexation proceedings did not enter into a development agreement. The subject property within the city limits is approximately 7.935 acres in size and is developed with a single-family home and multiple accessory buildings. The property owner has indicated their intent to continue the current land use on the subject property. The adjacent properties to the west and east are located within the city limits of Cleburne while the properties to the south are outside the city’s jurisdiction. Section 1.3 Extension of Boundaries - of the City of Cleburne Charter authorizes the City Council to disannex territory by ordinance, without limitation, and at its discretion. A public hearing is not required for this action. Staff has reviewed the service plan, attached in OR11-2012-62 as Exhibit “C”, and verified with the City Attorney that the City has complied with and has not failed to provide the services as outlined in the service plan. The property owner has paid City taxes each year following annexation as required. Section 43.148 Refund of Taxes and Fees - of the Texas Local Government Code requires a municipality disannexing a property to review the amount of property taxes collected, and provide a refund in the event the taxes paid exceed the pro rata costs of direct services available and/or provided to the property owner. Staff has reviewed the taxes paid to date, and evaluated the pro rata cost of basic services available. The results of this analysis indicate a refund is not required. The subject property is currently served by a private water well and is utilizing a septic system for sanitary sewer. There are no plans to extend city water or sewer infrastructure into this area in the near future
CONSIDER AN ORDINANCE DISANNEXING TERRITORY FROM THE CITY OF CLEBURNE, BEING ±7.562 ACRES AT 4349 AND 4261 WEATHERFORD HIGHWAY; AMENDING BOUNDARY LIMITS OF SAID CITY; AS REQUESTED BY TERRY AND GARY BOTKIN. Person presenting this item: Shane Pace, Director of Community Development BRIEF: Terry and Gary Botkin are the owners of approximately 7.998 acres of land located at 4249 and 4261 Weatherford Highway, 7.562 acres of which are located within the city limits of Cleburne. The property owners have requested to have their property disannexed from the corporate limits of the City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The owner of the property at the time of the annexation proceedings did not enter into a development agreement. The subject property within the city limits is approximately 7.562 acres in size and is developed with two single-family homes and multiple accessory buildings. The property owners have indicated their intent to continue the current land use on the subject property. The adjacent properties to the west and east are located within the city limits of Cleburne while the properties to the south are outside the city’s jurisdiction. Section 1.3 Extension of Boundaries - of the City of Cleburne Charter authorizes the City Council to disannex territory by ordinance, without limitation, and at its discretion. A public hearing is not required for this action Staff has reviewed the service plan, attached in OR11-2012-62 as Exhibit “C”, and verified with the City Attorney that the City has complied with and has not failed to provide the services as outlined in the service plan. The property owner has paid City taxes each year following annexation as required. Section 43.148 Refund of Taxes and Fees - of the Texas Local Government Code requires a municipality disannexing a property to review the amount of property taxes collected, and provide a refund in the event the taxes paid exceed the pro rata costs of direct services available and/or provided to the property owner. Staff has reviewed the taxes paid to date, and evaluated the pro rata cost of basic services available. The results of this analysis indicate a refund is not required. The subject property is currently served by a private water well and is utilizing a septic system for sanitary sewer. There are no plans to extend city water or sewer infrastructure into this area in the near future. ADJOURNMENT
I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Chris Boedeker, SMD 2 Mike Mann, SMD 3 John Warren, Mayor Pro Tem/SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney Ivy Peterson, City Secretary II. INVOCATION by Pastor Dean Elliott, Cleburne Bible Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Proclamation – 2020 Census Day, April 1 – Mayor
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. CONSIDER MINUTES FOR THE MARCH 10, 2020 REGULAR COUNCIL MEETING. M2. CONSIDER MINUTES FOR THE MARCH 13, 2020 EMERGENCY COUNCIL MEETING. RS1. CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE DECLARATION OF LOCAL DISASTER UNTIL APRIL 14, 2020, 11:59PM. RS2. CONSIDER A RESOLUTION AUTHORIZING A RESIDENTIAL HISTORIC REINVESTMENT TAX INCENTIVE FOR THE PROPERTY LOCATED AT 604 PRAIRIE AVENUE; AS REQUESTED BY HAROLD GENTRY. OR1. CONSIDER AN ORDINANCE RESCINDING BIDS AWARDED ON DECEMBER 10, 2019 AND REAUTHORIZE RESALE BIDS FOR PROPERTIES LOCATED AT 612 EAST WARDVILLE STREET, 720 NORTH BORDER STREET, AND 722 NORTH BORDER STREET.OR2. CONSIDER AN ORDINANCE RATIFYING AND APPROVING THE CITY OF CLEBURNE’S CURRENT EMERGENCY MANAGEMENT PLAN; AMENDING THE PLAN TO ALLOW PENALTIES UNDER STATE LAW. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF FEBRUARY 2020. OC2. CONSIDER FINAL PLAT OF LOTS 1 AND 2, BLOCK 1, OF SILO MILLS, BEING ±11.331 ACRES OF LAND, LOCATED AT 7924 CR 1010 WITHIN THE EXTRATERRITORIAL JURISDICTION; AS REQUESTED BY PROPHET EQUITY, REPRESENTED BY PELOTON LAND SOLUTIONS, INC. OC3. CONSIDER THE PRELIMINARY PLAT OF BAKER FARMS, BEING ±60.423 ACRES OF LAND, LOCATED IN THE 1800 BLOCK OF WEST HENDERSON STREET; AS REQUESTED BY GOSSETT FARMS, LLC, REPRESENTED BY DREW DONOSKY.
CONSIDER A RESOLUTION ACCEPTING THE ANNUAL AUDIT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019. Person presenting this item: Troy Lestina, Director of Finance BRIEF: Section 8.12 of the City of Cleburne Charter states that an independent firm of certified public accountants will perform the annual audit and present the results to the City Council. On Tuesday, February 25, 2020, the Audit Committee met with John Manning, the audit engagement partner with the City’s audit firm, Pattillo, Brown and Hill LLP, to review the results of the annual audit for Fiscal Year ended September 30, 2019 and the Statement on Auditing Standards 114 audit management letter. The City received an unmodified opinion (Independent Auditor’s Report), which is the most favorable audit opinion an entity can receive. John Manning of Pattillo, Brown and Hill LLP, will be present to give a brief presentation regarding the annual audit. The Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended September 30, 2019 is an exhibit to the staff report. A public copy of the CAFR is also available for review in the Finance Department, City Secretary’s Office and Library. The CAFR will also be available on the City’s website after acceptance by City Council.
CONSIDER A RESOLUTION POSTPONING THE GENERAL ELECTION CALLED FOR MAY 2, 2020 FOR MAYOR AND COUNCILMEMBERS FOR SINGLE MEMBER DISTRICTS ONE AND FOUR UNTIL NOVEMBER 3, 2020. Person presenting this item: Ivy Peterson, City Secretary BRIEF: In accordance with the general laws and Constitution of the State of Texas, the Charter of the City of Cleburne, and pursuant to Council’s Ordinance No.02-2020-12, a Municipal Officers’ election was ordered to be held on May 2, 2020, for the purpose of electing a Mayor and Council Members for Single Member Districts 1 and 4. Pursuant to Section 418.016 of the Texas Government Code, on March 18, 2020, the Governor of the State of Texas signed a proclamation suspending certain provisions of the Texas Election Code and the Texas Water Code allowing all local political subdivisions that are utilizing the May 2nd uniform election date to postpone their elections to the November 3, 2020, uniform election date. Under Article XVI, Sec 17 of the Texas Constitution, the current elected officers will continue to exercise their duties until the new officers take their oaths of office. The candidate filing period will not be re-opened for the November 3rd election. If postponement is approved, Council action will be required no later than August 17th to make necessary revisions to the original Order approved in February this year.
CONSIDER AN ORDINANCE GRANTING REQUEST FOR A SPECIAL EXCEPTION USE PERMIT FOR A REDUCTION OF THE REQUIRED PARKING SPACES PER SECTION 155.54 OF THE ZONING ORDINANCE, FOR 801 WEST HENDERSON STREET; AS REQUESTED BY JAMES E. WRIGHT, REPRESENTED BY JOHN SCRIBNER. Person presenting this item: Shane Pace, Director of Community Development BRIEF: The applicant is requesting a special exception use permit for a reduction of the required parking spaces for the property located at 801 W. Henderson Street, for the future location of a proposed Chick-Fil-A restaurant. Per Section 155.16 of the Zoning Ordinance, a Special Exception Use Permit can be requested from City Council to allow for a reduction in the number of required parking spaces. The applicant is proposing 126 seats for the restaurant, 16 of which are to be located outdoors. Per Section 155.54, the parking ratio for a restaurant is one (1) parking space for every two (2) seats, which would require 63 spaces for this restaurant. Chick- Fil-A is requesting a reduction of 12 spaces to provide a maximum of 51 parking spaces on the subject property. The applicant contends the proposed 51 parking spaces as well as a 22-car stacking in the drive-thru lanes will be adequate to serve the restaurant. The applicant has stated that Chick-Fil- A has a high demand for window pickup as a drive-thru oriented establishment and therefore the requested reduction in parking should not adversely impact the operation of the proposed business nor the surrounding properties.
CONSIDER AN ORDINANCE DISANNEXING TERRITORY FROM THE CITY OF CLEBURNE, BEING ±7.935 ACRES AT 4363 WEATHERFORD HIGHWAY; AMENDING BOUNDARY LIMITS OF SAID CITY; AS REQUESTED BY BRYCE CLOTHIER. Person presenting this item: Shane Pace, Director of Community Development BRIEF: Bryce Clothier is the owner of approximately 10.008 acres of land located at 4363 Weatherford Highway, 7.935 acres of which are located within the city limits of Cleburne. The property owner has requested to have their property disannexed from the corporate limits of the City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The owner of the property at the time of the annexation proceedings did not enter into a development agreement. The subject property within the city limits is approximately 7.935 acres in size and is developed with a single-family home and multiple accessory buildings. The property owner has indicated their intent to continue the current land use on the subject property. The adjacent properties to the west and east are located within the city limits of Cleburne while the properties to the south are outside the city’s jurisdiction. Section 1.3 Extension of Boundaries - of the City of Cleburne Charter authorizes the City Council to disannex territory by ordinance, without limitation, and at its discretion. A public hearing is not required for this action. Staff has reviewed the service plan, attached in OR11-2012-62 as Exhibit “C”, and verified with the City Attorney that the City has complied with and has not failed to provide the services as outlined in the service plan. The property owner has paid City taxes each year following annexation as required. Section 43.148 Refund of Taxes and Fees - of the Texas Local Government Code requires a municipality disannexing a property to review the amount of property taxes collected, and provide a refund in the event the taxes paid exceed the pro rata costs of direct services available and/or provided to the property owner. Staff has reviewed the taxes paid to date, and evaluated the pro rata cost of basic services available. The results of this analysis indicate a refund is not required. The subject property is currently served by a private water well and is utilizing a septic system for sanitary sewer. There are no plans to extend city water or sewer infrastructure into this area in the near future
CONSIDER AN ORDINANCE DISANNEXING TERRITORY FROM THE CITY OF CLEBURNE, BEING ±7.562 ACRES AT 4349 AND 4261 WEATHERFORD HIGHWAY; AMENDING BOUNDARY LIMITS OF SAID CITY; AS REQUESTED BY TERRY AND GARY BOTKIN. Person presenting this item: Shane Pace, Director of Community Development BRIEF: Terry and Gary Botkin are the owners of approximately 7.998 acres of land located at 4249 and 4261 Weatherford Highway, 7.562 acres of which are located within the city limits of Cleburne. The property owners have requested to have their property disannexed from the corporate limits of the City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The owner of the property at the time of the annexation proceedings did not enter into a development agreement. The subject property within the city limits is approximately 7.562 acres in size and is developed with two single-family homes and multiple accessory buildings. The property owners have indicated their intent to continue the current land use on the subject property. The adjacent properties to the west and east are located within the city limits of Cleburne while the properties to the south are outside the city’s jurisdiction. Section 1.3 Extension of Boundaries - of the City of Cleburne Charter authorizes the City Council to disannex territory by ordinance, without limitation, and at its discretion. A public hearing is not required for this action Staff has reviewed the service plan, attached in OR11-2012-62 as Exhibit “C”, and verified with the City Attorney that the City has complied with and has not failed to provide the services as outlined in the service plan. The property owner has paid City taxes each year following annexation as required. Section 43.148 Refund of Taxes and Fees - of the Texas Local Government Code requires a municipality disannexing a property to review the amount of property taxes collected, and provide a refund in the event the taxes paid exceed the pro rata costs of direct services available and/or provided to the property owner. Staff has reviewed the taxes paid to date, and evaluated the pro rata cost of basic services available. The results of this analysis indicate a refund is not required. The subject property is currently served by a private water well and is utilizing a septic system for sanitary sewer. There are no plans to extend city water or sewer infrastructure into this area in the near future. ADJOURNMENT