I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Chris Boedeker, Mayor Pro Tem/SMD 2 Mike Mann, SMD 3 John Warren, SMD 4 Administration: Steve Polasek, City Manager Ashley Dierker, City Attorney Ivy Peterson, City Secretary II. INVOCATION by Pastor Todd Barham, Hope Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Proclamation – Veteran’s Day, November 11, 2020 – Marty Peters
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 OCTOBER 27, 2020 REGULAR COUNCIL MEETING. BQ1. CONSIDER AUTHORIZING THE PURCHASE OF A 2020 CHEVROLET TRAVERSE MID-SIZE SUV FROM CALDWELL COUNTRY CHEVROLET TO BE USED BY THE HOUSING DEPARTMENT FOR A TOTAL COST NOT TO EXCEED $26,245, THROUGH PROVISIONS OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES ACT”). Presented by: Scott Lail, Fire Chief SUMMARY: Staff is requesting approval to purchase a new 2020 Chevrolet Traverse LS midsize SUV utilizing the BUY BOARD contract #601-19 through Caldwell Country Chevrolet for the amount of $26,245. This vehicle meets all the required specifications of the Housing Department. The vehicle being replaced is a 2004 Ford Expedition, Unit #6416, which is over 16 years old with 136,533 miles, that will be sold at auction upon arrival of new vehicle. This purchase is funded through the monies received through the CARES Act 2020. RS1. CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE DECLARATION OF LOCAL DISASTER UNTIL DECEMBER 8, 2020. Presented by: Steve Polasek, City Manager SUMMARY: On March 13, 2020, the Mayor executed a Declaration of Local Disaster (“Declaration”) for the City of Cleburne pursuant to Section 418.108(a) of the Texas Government Code, which was for a period of seven days. In accordance with 418.108(b) of the Texas Government Code and following Governor Greg Abbott’s executive orders, the City Council has approved extensions to said Declaration, and continues to take actions to promote health and safety, and suppress the spread of COVID-19 in the community. This resolution for your consideration is to extend the Declaration to the next Regular Council Meeting date of December 8, 2020 at 11:59 p.m. central standard time. RS2. CONSIDER A RESOLUTION AUTHORIZING RENEWAL OF A MICROSOFT ENTERPRISE AGREEMENT AND LICENSING PURCHASES THROUGH SHI GOVERNMENT SOLUTIONS FOR A THREE-YEAR TERM FOR AN AMOUNT NOT TO EXCEED $255,000. Presented by: David Raybuck, Director of Information Technology SUMMARY: The City’s information technology environment largely runs on Microsoft software, including Windows desktop and server operating systems, Office, SQL Server, and more. Aging software must be upgraded to new versions to maintain a secure and reliable environment. The City receives discounted volume licensing through a Microsoft Enterprise Agreement (EA). The City executed the current EA on December 1, 2017, and the three-year term expires on November 30, 2020. This EA is between the City and Microsoft, and all purchases occur through our preferred Microsoft reseller, SHI Government Solutions, on the Texas Department of Information Resources (DIR) contract. This resolution authorizes the execution of the next EA with Microsoft and the purchase of all necessary Microsoft licenses through SHI Government Solutions for a three-year term ending on November 30, 2023 for an amount not to exceed $255,000. This includes all the license maintenance from our previous EA, plus 10 Windows user licenses and 40 Windows server licenses. RS3. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH BURKETT PROPERTIES FOR PROPERTY LOCATED AT 201 EAST HENDERSON STREET UNDER THE TERMS OF THE FAÇADE IMPROVEMENT ECONOMIC DEVELOPMENT INCENTIVE PROGRAM. Presented by: Grady Easdon, Economic Development Manager SUMMARY: Tom Burkett has submitted an application under the terms of the City’s Façade Improvement program seeking funding for upgrades and enhancements to exterior street-facing facades on his property located at 201 E. Henderson Street. Repairs and upgrades include refacing the brick exterior façade, repair of the existing awning, replacement of window glass, installation of a lighted sign, and exterior painting. Under the terms of the Façade Improvement Incentive Program, up to 50% of eligible project costs are reimbursable up to a maximum of $5,000. Total cost of this project for improvements is approximately $10,000.00; therefore $5,000 would be the maximum match by the City. RS4. CONSIDER A RESOLUTION AUTHORIZING RENEWAL OF AN OPERATIONAL PERMIT FOR 2021 TO CAREFLITE AMBULANCE SERVICE FOR PROVIDING BACKUP AMBULANCE SERVICE FOR THE CITY OF CLEBURNE FIRE DEPARTMENT. Presented by: Scott Lail, Fire Chief SUMMARY: CareFlite is requesting renewal of an operations permit to provide backup ambulance services within the City of Cleburne when the Cleburne Fire Department units are unavailable. There is no cost to the City as a result of granting said permit. CareFlite has satisfied all requirements for the 2021 renewal and have held an operations permit since 2003. OR1. CONSIDER AN ORDINANCE TO APPROVE AN AMENDED PROJECT PLAN FOR TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE. Presented by: Chris Fuller, Deputy City Manager SUMMARY: The Tax Increment Financing District Reinvestment Zone No. 1 (TIF 1) Board of Directors met on July 14, 2020, where they unanimously approved changes to the Project Plan, which was last revised on April, 2009. The purpose of this item is to amend the Project Plan for Tax Increment Reinvestment Zone Number One to reallocate a total of $2,940,328 from Project 4 ($764,828) and 5 ($2,175,500) to Project 2 ($33,000) and 6 ($2,907,328). The primary purpose of this amendment is to provide funding capacity for the Sparks Drive Extension project.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±4.39 ACRES FROM C3 (COMMERCIAL DISTRICT) TO C3/SUP (COMMERCIAL DISTRICT WITH A SPECIFIC USE PERMIT FOR MINIWAREHOUSE), LOCATED AT 1567 EAST HENDERSON STREET; AS REQUESTED BY STATE STORAGE CLEBURNE, LLC, CASE ZC20-022. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting a Specific Use Permit (SUP) to construct mini warehouse facilities, also referred to as self-storage facilities, and an area for proposed RV storage on the property located at 1567 East Henderson Street. The property is currently home to Yellow Jacket State Storage, an existing self-storage business with a total of six (6) existing selfstorage facilities on-site. The existing self-storage business was established prior to the adoption of the current Zoning Ordinance (March 12, 1996) and is considered a legal non-conforming use. In order to add additional self-storage facilities on-site, an SUP is required. The applicant has indicated their intent to construct two (2) additional self-storage facilities, both 15,600 square feet in size. Each facility will contain 78 storage units, for an overall total of 156 new self-storage units, with each unit being approximately 200 square feet in size. Additionally, an area for 20 RV storage spaces is proposed in the rear of the property. The applicant has indicated that the proposed self-storage facilities will have a metal exterior and will match the appearance of the existing storage facilities on-site. Each facility will be illuminated by LED lights attached to the face of the building. The property is currently gated and enclosed by a chain link fence along the northern, eastern and western property lines as well as a wood fence along the southern property line as indicated on the site plan. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 4-2 with the following condition: 1. The waiver to reduce the parking requirement from 32 spaces to 14 spaces be approved as presented.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±0.27 ACRES FROM SF-4 (SINGLE-FAMILY DWELLING DISTRICT) TO C3 (COMMERCIAL DISTRICT), LOCATED AT 200 SOUTH MILL STREET; AS REQUESTED BY JARA PROPERTIES, LLC, REPRESENTED BY JOHN AINSWORTH, CASE ZC20-023. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant has requested to rezone approximately 0.27 acres from SF-4 (Single-Family Dwelling District) to C3 (Commercial District) located at 200 South Mill Street. There is an existing building on the subject property known as the Morris Neal’s Handy Hamburgers restaurant. The applicant is requesting to rezone the property to the C3 District in order to expand the existing restaurant. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 6-0.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±0.17 ACRES FROM M1 (LIGHT INDUSTRIAL DISTRICT) TO SF-4 (SINGLEFAMILY DWELLING DISTRICT), LOCATED AT 880 SABINE AVENUE; AS REQUESTED BY CURTISS LOWRANCE, CASE ZC20-024. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant has requested to rezone approximately 0.17 acres from M1 (Light Industrial District) to SF-4 (Single-Family Dwelling District) located at 880 Sabine Avenue. The applicant has indicated their intent to sell the property for future single-family residential development. The subject property is a legal lot of record, Lot 7, Block 5 of H.C. Gresham’s East Addition. Although the SF-4 District requires a minimum lot area of 7,000 square feet and a minimum lot width of 60 feet, the subject property is 50 feet in width and 7,000 square feet. The subject property has existed in this configuration since before the establishment of the rules and regulations of the Zoning Ordinance (March 22, 1996). Section 155.08 (J) allows lots of record to be used for any valid use, provided that the setbacks, height, parking and all other development regulations are satisfied. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 6-0.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±42.99 ACRES FROM PD (PLANNED DEVELOPMENT DISTRICT) TO PD (PLANNED DEVELOPMENT DISTRICT), GENERALLY LOCATED NORTH OF 1601 EAST HENDERSON STREET, SOUTH OF CR 805, AND WEST OF FERGASON ROAD; AS REQUESTED BY MKP & ASSOCIATES, REPRESENTED BY HISTORY MAKER HOMES, LLC, CASE ZC20-025. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: On November 13, 2018, the City Council voted 4-0 to approve the existing Planned Development (OR11-2018-88) for a residential development consisting of single-family detached lots and townhome lots on approximately 43 acres of land. The applicant is requesting an amendment to the Planned Development (PD). The applicant has indicated that the proposed land use and acreage will remain the same and has proposed one amendment, specifically to the front yard setback. The applicant is requesting approval to allow a front porch encroachment (up to 10 feet) into the front yard setback, leaving the existing 20-foot front yard setback in place for the remainder of the house. The applicant has indicated that this will allow the proposed builder, HistoryMaker Homes, to use more of their front porch product. The applicant has submitted conceptual site plans to demonstrate, from a bird’s eye view, the proposed layout of the home showing the front porch encroachment. Additionally, the applicant has provided conceptual home elevations showing the proposed home products. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 6-0.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REQUESTING A VARIANCE TO CERTAIN PROVISIONS OF CHAPTER 156: SIGN REGULATIONS, OF THE CODE OF ORDIANCES, SPECIFICALLY SECTION 156.40 SIGN STANDARDS, TO PERMIT AN INCREASE IN MAXIMUM SIGN HEIGHT AND MAXIMUM SIGN AREA FOR THE PROPERTY LOCATED AT 2825 NORTH NOLAN RIVER ROAD, AS REQUESTED BY SALDENA PROPERTIES LP, CASE VC20-008. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: Saldena Properties L.P. has submitted a formal request for a variance to allow for an increase in the maximum sign height and maximum sign area permitted for a landmark sign located at 2825 N. Nolan River Rd. The proposed landmark sign will contain signage for the future large-format travel center, which will contain the barbeque restaurant Texas Best Smokehouse, Jimmy John’s Gourmet Sandwiches, the Original Fried Pie Shop, and Shell gasoline. The applicant contends that the requested variances are necessary to enhance visibility of the travel center for travelers on the major thoroughfares surrounding the site (i.e. US 67). Sign Area Variance Request: The maximum sign area permitted by the City’s Sign Ordinance for a landmark sign in the Regional Node District is 300 square feet. The variance request by the applicant is to permit a maximum of 500 square feet. The requested maximum area exceeds the maximum allowable sign area by 200 square feet. The sign area for a landmark sign is calculated separately for each side, and each side shall not exceed the maximum permitted sign area for the sign type. As shown on the attached Sign Exhibit, the proposed signage includes a total of 387.5 square feet of signage. However, the applicant has requested the additional sign area to provide the opportunity for future tenant signage, should the need arise. Sign Height Variance Request: The maximum permitted sign height for a landmark sign in the Regional Node District is 40 feet. The proposed landmark sign, as shown on the attached Sign Exhibit, is 60 feet tall. The requested maximum sign height exceeds the maximum allowable sign height by 20 feet. The applicant has stated that, based on the proposed location and topography of the land, the landmark sign is twelve (12) feet lower than the existing 35-foot tall Landmark Sign for Cleburne Station located on the northeast corner of US 67 and N. Nolan River Road. Section 156.10 Appeals and Variances of the Sign Ordinance states that the City Council may grant variances to the provisions of the sign ordinance for all sign types, when the variance does not: 1. Augment or increase the types of signs permitted by this chapter for location within the street interface zone; 2. Increase the permitted area of a pole sign by more than 10% without amendment of this chapter; 3. Decrease the setback or separation standards for billboards without amendment of this chapter; or 4. Allow an applicant to reuse a pole that is currently located within the street interface zone and/or has not been structurally certified by a registered engineer as structurally capable of accommodating the new use. Section 156.10.D further states: “In all cases not affected by the above limitations, the Council may authorize a variance to any restriction set forth in this chapter, including, but not limited to, the number, type, area, height, or setback of signs or any other aspect involved in the sign permitting process.” The proposed variance request is not in conflict with any of the four provisions listed above. Therefore, City Council has discretion, if so desired, to grant a variance for the proposed sign.
CONSIDER THE PRELIMINARY PLAT OF LOTS 2R1 AND 2R2, BLOCK 1, OF THE WRIGHT ADDITION, BEING ±1.73 ACRES LOCATED AT 1648 WEST HENDERSON STREET; AS REQUESTED BY DWIGHT WOOTEN, SR, CASE PC20-028. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting approval of a preliminary plat for Lots 2R1 and 2R2, Block 1, of the Wright Addition. Lot 2R1 is approximately 0.67 acres and Lot 2R2 is approximately 1.06 acres in size. The subject property was rezoned to PD (Planned Development District), OR03-2019-14, in March 2019, allowing the existing structures on Lot 2R1 to remain (a single-family home, a one-bedroom apartment and one duplex) as well as for the proposed construction of six (6) new duplexes on Lot 2R2. The concept plan, included as part of the PD ordinance, shows the proposed layout of the new duplex development and associated requirements, including but not limited to, building setbacks, parking, landscaping and fencing. As submitted, the preliminary plat meets all of the minimum requirements of the PD – OR03-2019-14 and Chapter 154 of the Code of Ordinances. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval with a vote of 6-0.
CONSIDER THE FINAL PLAT OF REMINGTON RIDGE, PHASE III, BEING ±8.62 ACRES, LOCATED APPROXIMATELY 130 FEET WEST OF REMINGTON DRIVE AND ON THE SOUTH SIDE OF WOODARD AVENUE; AS REQUESTED BY FV DEVELOPMENT II, LLC, REPRESENTED BY MIKE VARRICHIO, CASE PC20-032. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting approval of a Final Plat for Remington Ridge Phase 3, approximately 8.624 acres in size and comprised of 36 single-family residential lots and two (2) open space lots. The property is currently zoned SF-4 (Single-Family Dwelling District) and is currently undeveloped. All proposed lots meet the minimum lot area of 7,000 square feet and the minimum lot width of 60 feet. On June 2, 2003, the City Council approved a 25’ front yard setback during the original preliminary plat approval of the Remington Ridge Phase III. The plat exhibit identifies a 25’ front yard setback on each lot as previously approved. All lots meet the additional minimum setback requirements as outlined in the SF-4 District: 20’ rear yard setback, 7’ side yard setback and 15’ side yard setback adjacent to a street. With the exception of the requested variance, the final plat meets all of the minimum requirements of the PD – OR07-2020-40 and Chapter 154 of the Code of Ordinances. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval with a vote of 6-0 with the following condition: 1. The ROW dedication variance along Woodard Avenue be approved as presented. Variance Request: The applicant has requested a variance to the requirements of the 2017 Master Thoroughfare Plan (MTP), which indicates that this section of Woodard Avenue should ultimately be a minor arterial roadway, requiring 90 feet of right-of-way (ROW). To meet this requirement, a ROW dedication of approximately 15’ would be required along the Woodard frontage of this property. However, when the first phases (Phases 1 and 2) of Remington Ridge were platted in 1999 and 2004, prior to the City’s current Master Thoroughfare Plan, the ROW for Woodard Avenue was platted at 65 feet. When Remington Ridge Phase 3 was preliminary platted in 2019, the plat matched the first and second phases, and no additional ROW dedication was indicated on the preliminary plat. The final plat substantially conforms to the approved preliminary plat, but because the ROW dedication does not meet the current MTP requirements, a variance is required. Engineering Staff supports the variance based on the fact that it matches the existing phases, existing conditions and the previously submitted preliminary plat. Staff has worked with the developer to provide an additional transitional section of ROW dedication from Durango Lane to the west end of the property. This dedication will allow a future smooth transition of Woodard Avenue from the 65-foot section to the full 90-foot section west of this development.
CONSIDER THE PRELIMINARY PLAT OF CRAFTSMAN’S CORNER, BEING ±8.43 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF GRANBURY STREET, ON THE WEST SIDE OF MEADOWS DRIVE AND APPROXIMATELY 250 FEET SOUTH OF WEST KILPATRICK AVENUE, AS REQUESTED BY M. SHARP FAMILY, LP, REPRESENTED BY CORY MURRAY, CASE PC20-035. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting approval of the preliminary plat for Craftsman’s Corner, a proposed single-family residential development comprised of 40 single-family residential lots and two (2) common area lots. The applicant requested a PD (Planned Development District) rezone for the subject property for the proposed single-family development. At the September 22, 2020 meeting, City Council voted 5-0 to approve a rezoning request to the PD (Planned Development District), OR09-2020-51. As submitted, the preliminary plat meets all of the minimum requirements of the PD – OR09-2020-51 and Chapter 154 of the Code of Ordinances. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval with a vote of 6-0.
CONSIDER AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2020 TO SEPTEMBER 30, 2021 (#3) BY APPROPRIATING $386,481.90 FROM ANTICIPATED CARES ACT FUNDING IN THE GENERAL FUND. Presented by: Troy Lestina, Director of Finance SUMMARY: Fire command staff has identified additional equipment (Tempus Cardiac Monitors) for emergency medical responses that would protect the front line fire staff & paramedics that come into close contact with individuals who may be asymptomatic with COVID-19 or individuals who are already confirmed positive for COVID-19. Also, identified as a needed piece of equipment is a Dell Rugged Latitude laptop to be used in the Fire Marshall’s office. The laptop will increase the communication ability between the Fire and Police departments that will provide a safer and more rapid response time to emergency situations including those involving pandemic situations. Staff has deemed these purchases eligible for CARES Act Funding. This is the initial determination in regards to CARES Act Funding. Once these purchases have been made, the appropriate documentation will be submitted to Texas Department of Emergency Management for reimbursement. The documentation for these expenditures have been forwarded to TDEM for prior consideration. The possibility exists that Texas Department of Emergency Management may reject these expenditures. If that does occur, this equipment would have to be partially funded from the FY 2021 Contingency Reserve of $250,000 and the remaining expenditure to be funded from General Fund Reserves. The proposed General Fund budget amendment in the amount of $386,481.90 will revise the total adopted General Fund budget of $40,508,251.40 (Ordinance OR09-2020-49) to $40,894,733.30.
CONSIDER AUTHORIZING THE PURCHASE OF SEVEN TEMPUS ALS CARDIAC MONITOR/DEFIBRILLATORS FROM PHILIPS, USA, A SOLESOURCE VENDOR, FOR AN AMOUNT NOT TO EXCEED $382,931.90, THROUGH PROVISIONS OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES ACT”). Presented by: Scott Lail, Fire Chief SUMMARY: Cleburne Fire is requesting approval to purchase seven (7) new Cardiac Monitor/Defibrillators with reimbursement from the CARES Act. This equipment would help the Department be better prepared to respond in the face of current and future pandemic emergencies. The Cardiac Monitors/Defibrillators will be purchased from Philips, USA, as the Sole Source Vendor for this particular unit and come with a 7-year Bench Warranty. The Monitors will allow state-of-the-science monitoring and care for CFD’s patients. It also allows for hands-off tracking of patients during transport, keeping responders safer during the COVID- 19 pandemic. CFD’s current monitors will lose FDA clearance and technical support in 15 months and must be replaced no later than then. This presents an opportunity to secure federal funding in the amount of $382,931.90 to replace those units that are nearing the end of their lifespan with new monitors that protect patients and fire/EMS employees during the pandemic. We have reached out to the Texas Department of Emergency Management (TDEM) to seek pre-approval and guidance on this purchase and received a standard response quoting the funding guidelines. We fill this acquisition meets the criteria of the grant funding; however, please note if for any reason TDEM does not approve this expenditure then funding would need to be provided by the City from our FY 2021 General Fund Budget Contingency Reserve of $250,000, with the remaining expenditures to be funded from General Fund Reserves.
Pursuant to the Open Meetings Act, Chapter 551, and the Texas Disaster Act, Chapter 418, of the Texas Government Code, Executive Session may be held at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to any posted subject matter of this City Council Meeting. Section 551.071. Consultation with Attorney and Section 551.072. Deliberation Regarding Real Property - The City Council will convene into executive session to receive legal advice from the City Attorney regarding pending or contemplated litigation and to deliberate the purchase, lease, or value of real property related to the following matter: EXE1. Discuss Municipal Utility District – Shane Pace, Executive Director of Development Services 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, SMD 1 Chris Boedeker, Mayor Pro Tem/SMD 2 Mike Mann, SMD 3 John Warren, SMD 4 Administration: Steve Polasek, City Manager Ashley Dierker, City Attorney Ivy Peterson, City Secretary II. INVOCATION by Pastor Todd Barham, Hope Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Proclamation – Veteran’s Day, November 11, 2020 – Marty Peters
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 OCTOBER 27, 2020 REGULAR COUNCIL MEETING. BQ1. CONSIDER AUTHORIZING THE PURCHASE OF A 2020 CHEVROLET TRAVERSE MID-SIZE SUV FROM CALDWELL COUNTRY CHEVROLET TO BE USED BY THE HOUSING DEPARTMENT FOR A TOTAL COST NOT TO EXCEED $26,245, THROUGH PROVISIONS OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES ACT”). Presented by: Scott Lail, Fire Chief SUMMARY: Staff is requesting approval to purchase a new 2020 Chevrolet Traverse LS midsize SUV utilizing the BUY BOARD contract #601-19 through Caldwell Country Chevrolet for the amount of $26,245. This vehicle meets all the required specifications of the Housing Department. The vehicle being replaced is a 2004 Ford Expedition, Unit #6416, which is over 16 years old with 136,533 miles, that will be sold at auction upon arrival of new vehicle. This purchase is funded through the monies received through the CARES Act 2020. RS1. CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE DECLARATION OF LOCAL DISASTER UNTIL DECEMBER 8, 2020. Presented by: Steve Polasek, City Manager SUMMARY: On March 13, 2020, the Mayor executed a Declaration of Local Disaster (“Declaration”) for the City of Cleburne pursuant to Section 418.108(a) of the Texas Government Code, which was for a period of seven days. In accordance with 418.108(b) of the Texas Government Code and following Governor Greg Abbott’s executive orders, the City Council has approved extensions to said Declaration, and continues to take actions to promote health and safety, and suppress the spread of COVID-19 in the community. This resolution for your consideration is to extend the Declaration to the next Regular Council Meeting date of December 8, 2020 at 11:59 p.m. central standard time. RS2. CONSIDER A RESOLUTION AUTHORIZING RENEWAL OF A MICROSOFT ENTERPRISE AGREEMENT AND LICENSING PURCHASES THROUGH SHI GOVERNMENT SOLUTIONS FOR A THREE-YEAR TERM FOR AN AMOUNT NOT TO EXCEED $255,000. Presented by: David Raybuck, Director of Information Technology SUMMARY: The City’s information technology environment largely runs on Microsoft software, including Windows desktop and server operating systems, Office, SQL Server, and more. Aging software must be upgraded to new versions to maintain a secure and reliable environment. The City receives discounted volume licensing through a Microsoft Enterprise Agreement (EA). The City executed the current EA on December 1, 2017, and the three-year term expires on November 30, 2020. This EA is between the City and Microsoft, and all purchases occur through our preferred Microsoft reseller, SHI Government Solutions, on the Texas Department of Information Resources (DIR) contract. This resolution authorizes the execution of the next EA with Microsoft and the purchase of all necessary Microsoft licenses through SHI Government Solutions for a three-year term ending on November 30, 2023 for an amount not to exceed $255,000. This includes all the license maintenance from our previous EA, plus 10 Windows user licenses and 40 Windows server licenses. RS3. CONSIDER A RESOLUTION AUTHORIZING A 380 AGREEMENT WITH BURKETT PROPERTIES FOR PROPERTY LOCATED AT 201 EAST HENDERSON STREET UNDER THE TERMS OF THE FAÇADE IMPROVEMENT ECONOMIC DEVELOPMENT INCENTIVE PROGRAM. Presented by: Grady Easdon, Economic Development Manager SUMMARY: Tom Burkett has submitted an application under the terms of the City’s Façade Improvement program seeking funding for upgrades and enhancements to exterior street-facing facades on his property located at 201 E. Henderson Street. Repairs and upgrades include refacing the brick exterior façade, repair of the existing awning, replacement of window glass, installation of a lighted sign, and exterior painting. Under the terms of the Façade Improvement Incentive Program, up to 50% of eligible project costs are reimbursable up to a maximum of $5,000. Total cost of this project for improvements is approximately $10,000.00; therefore $5,000 would be the maximum match by the City. RS4. CONSIDER A RESOLUTION AUTHORIZING RENEWAL OF AN OPERATIONAL PERMIT FOR 2021 TO CAREFLITE AMBULANCE SERVICE FOR PROVIDING BACKUP AMBULANCE SERVICE FOR THE CITY OF CLEBURNE FIRE DEPARTMENT. Presented by: Scott Lail, Fire Chief SUMMARY: CareFlite is requesting renewal of an operations permit to provide backup ambulance services within the City of Cleburne when the Cleburne Fire Department units are unavailable. There is no cost to the City as a result of granting said permit. CareFlite has satisfied all requirements for the 2021 renewal and have held an operations permit since 2003. OR1. CONSIDER AN ORDINANCE TO APPROVE AN AMENDED PROJECT PLAN FOR TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE. Presented by: Chris Fuller, Deputy City Manager SUMMARY: The Tax Increment Financing District Reinvestment Zone No. 1 (TIF 1) Board of Directors met on July 14, 2020, where they unanimously approved changes to the Project Plan, which was last revised on April, 2009. The purpose of this item is to amend the Project Plan for Tax Increment Reinvestment Zone Number One to reallocate a total of $2,940,328 from Project 4 ($764,828) and 5 ($2,175,500) to Project 2 ($33,000) and 6 ($2,907,328). The primary purpose of this amendment is to provide funding capacity for the Sparks Drive Extension project.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±4.39 ACRES FROM C3 (COMMERCIAL DISTRICT) TO C3/SUP (COMMERCIAL DISTRICT WITH A SPECIFIC USE PERMIT FOR MINIWAREHOUSE), LOCATED AT 1567 EAST HENDERSON STREET; AS REQUESTED BY STATE STORAGE CLEBURNE, LLC, CASE ZC20-022. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting a Specific Use Permit (SUP) to construct mini warehouse facilities, also referred to as self-storage facilities, and an area for proposed RV storage on the property located at 1567 East Henderson Street. The property is currently home to Yellow Jacket State Storage, an existing self-storage business with a total of six (6) existing selfstorage facilities on-site. The existing self-storage business was established prior to the adoption of the current Zoning Ordinance (March 12, 1996) and is considered a legal non-conforming use. In order to add additional self-storage facilities on-site, an SUP is required. The applicant has indicated their intent to construct two (2) additional self-storage facilities, both 15,600 square feet in size. Each facility will contain 78 storage units, for an overall total of 156 new self-storage units, with each unit being approximately 200 square feet in size. Additionally, an area for 20 RV storage spaces is proposed in the rear of the property. The applicant has indicated that the proposed self-storage facilities will have a metal exterior and will match the appearance of the existing storage facilities on-site. Each facility will be illuminated by LED lights attached to the face of the building. The property is currently gated and enclosed by a chain link fence along the northern, eastern and western property lines as well as a wood fence along the southern property line as indicated on the site plan. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 4-2 with the following condition: 1. The waiver to reduce the parking requirement from 32 spaces to 14 spaces be approved as presented.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±0.27 ACRES FROM SF-4 (SINGLE-FAMILY DWELLING DISTRICT) TO C3 (COMMERCIAL DISTRICT), LOCATED AT 200 SOUTH MILL STREET; AS REQUESTED BY JARA PROPERTIES, LLC, REPRESENTED BY JOHN AINSWORTH, CASE ZC20-023. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant has requested to rezone approximately 0.27 acres from SF-4 (Single-Family Dwelling District) to C3 (Commercial District) located at 200 South Mill Street. There is an existing building on the subject property known as the Morris Neal’s Handy Hamburgers restaurant. The applicant is requesting to rezone the property to the C3 District in order to expand the existing restaurant. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 6-0.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±0.17 ACRES FROM M1 (LIGHT INDUSTRIAL DISTRICT) TO SF-4 (SINGLEFAMILY DWELLING DISTRICT), LOCATED AT 880 SABINE AVENUE; AS REQUESTED BY CURTISS LOWRANCE, CASE ZC20-024. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant has requested to rezone approximately 0.17 acres from M1 (Light Industrial District) to SF-4 (Single-Family Dwelling District) located at 880 Sabine Avenue. The applicant has indicated their intent to sell the property for future single-family residential development. The subject property is a legal lot of record, Lot 7, Block 5 of H.C. Gresham’s East Addition. Although the SF-4 District requires a minimum lot area of 7,000 square feet and a minimum lot width of 60 feet, the subject property is 50 feet in width and 7,000 square feet. The subject property has existed in this configuration since before the establishment of the rules and regulations of the Zoning Ordinance (March 22, 1996). Section 155.08 (J) allows lots of record to be used for any valid use, provided that the setbacks, height, parking and all other development regulations are satisfied. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 6-0.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±42.99 ACRES FROM PD (PLANNED DEVELOPMENT DISTRICT) TO PD (PLANNED DEVELOPMENT DISTRICT), GENERALLY LOCATED NORTH OF 1601 EAST HENDERSON STREET, SOUTH OF CR 805, AND WEST OF FERGASON ROAD; AS REQUESTED BY MKP & ASSOCIATES, REPRESENTED BY HISTORY MAKER HOMES, LLC, CASE ZC20-025. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: On November 13, 2018, the City Council voted 4-0 to approve the existing Planned Development (OR11-2018-88) for a residential development consisting of single-family detached lots and townhome lots on approximately 43 acres of land. The applicant is requesting an amendment to the Planned Development (PD). The applicant has indicated that the proposed land use and acreage will remain the same and has proposed one amendment, specifically to the front yard setback. The applicant is requesting approval to allow a front porch encroachment (up to 10 feet) into the front yard setback, leaving the existing 20-foot front yard setback in place for the remainder of the house. The applicant has indicated that this will allow the proposed builder, HistoryMaker Homes, to use more of their front porch product. The applicant has submitted conceptual site plans to demonstrate, from a bird’s eye view, the proposed layout of the home showing the front porch encroachment. Additionally, the applicant has provided conceptual home elevations showing the proposed home products. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval by a vote of 6-0.
*PUBLIC HEARING* CONSIDER AN ORDINANCE REQUESTING A VARIANCE TO CERTAIN PROVISIONS OF CHAPTER 156: SIGN REGULATIONS, OF THE CODE OF ORDIANCES, SPECIFICALLY SECTION 156.40 SIGN STANDARDS, TO PERMIT AN INCREASE IN MAXIMUM SIGN HEIGHT AND MAXIMUM SIGN AREA FOR THE PROPERTY LOCATED AT 2825 NORTH NOLAN RIVER ROAD, AS REQUESTED BY SALDENA PROPERTIES LP, CASE VC20-008. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: Saldena Properties L.P. has submitted a formal request for a variance to allow for an increase in the maximum sign height and maximum sign area permitted for a landmark sign located at 2825 N. Nolan River Rd. The proposed landmark sign will contain signage for the future large-format travel center, which will contain the barbeque restaurant Texas Best Smokehouse, Jimmy John’s Gourmet Sandwiches, the Original Fried Pie Shop, and Shell gasoline. The applicant contends that the requested variances are necessary to enhance visibility of the travel center for travelers on the major thoroughfares surrounding the site (i.e. US 67). Sign Area Variance Request: The maximum sign area permitted by the City’s Sign Ordinance for a landmark sign in the Regional Node District is 300 square feet. The variance request by the applicant is to permit a maximum of 500 square feet. The requested maximum area exceeds the maximum allowable sign area by 200 square feet. The sign area for a landmark sign is calculated separately for each side, and each side shall not exceed the maximum permitted sign area for the sign type. As shown on the attached Sign Exhibit, the proposed signage includes a total of 387.5 square feet of signage. However, the applicant has requested the additional sign area to provide the opportunity for future tenant signage, should the need arise. Sign Height Variance Request: The maximum permitted sign height for a landmark sign in the Regional Node District is 40 feet. The proposed landmark sign, as shown on the attached Sign Exhibit, is 60 feet tall. The requested maximum sign height exceeds the maximum allowable sign height by 20 feet. The applicant has stated that, based on the proposed location and topography of the land, the landmark sign is twelve (12) feet lower than the existing 35-foot tall Landmark Sign for Cleburne Station located on the northeast corner of US 67 and N. Nolan River Road. Section 156.10 Appeals and Variances of the Sign Ordinance states that the City Council may grant variances to the provisions of the sign ordinance for all sign types, when the variance does not: 1. Augment or increase the types of signs permitted by this chapter for location within the street interface zone; 2. Increase the permitted area of a pole sign by more than 10% without amendment of this chapter; 3. Decrease the setback or separation standards for billboards without amendment of this chapter; or 4. Allow an applicant to reuse a pole that is currently located within the street interface zone and/or has not been structurally certified by a registered engineer as structurally capable of accommodating the new use. Section 156.10.D further states: “In all cases not affected by the above limitations, the Council may authorize a variance to any restriction set forth in this chapter, including, but not limited to, the number, type, area, height, or setback of signs or any other aspect involved in the sign permitting process.” The proposed variance request is not in conflict with any of the four provisions listed above. Therefore, City Council has discretion, if so desired, to grant a variance for the proposed sign.
CONSIDER THE PRELIMINARY PLAT OF LOTS 2R1 AND 2R2, BLOCK 1, OF THE WRIGHT ADDITION, BEING ±1.73 ACRES LOCATED AT 1648 WEST HENDERSON STREET; AS REQUESTED BY DWIGHT WOOTEN, SR, CASE PC20-028. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting approval of a preliminary plat for Lots 2R1 and 2R2, Block 1, of the Wright Addition. Lot 2R1 is approximately 0.67 acres and Lot 2R2 is approximately 1.06 acres in size. The subject property was rezoned to PD (Planned Development District), OR03-2019-14, in March 2019, allowing the existing structures on Lot 2R1 to remain (a single-family home, a one-bedroom apartment and one duplex) as well as for the proposed construction of six (6) new duplexes on Lot 2R2. The concept plan, included as part of the PD ordinance, shows the proposed layout of the new duplex development and associated requirements, including but not limited to, building setbacks, parking, landscaping and fencing. As submitted, the preliminary plat meets all of the minimum requirements of the PD – OR03-2019-14 and Chapter 154 of the Code of Ordinances. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval with a vote of 6-0.
CONSIDER THE FINAL PLAT OF REMINGTON RIDGE, PHASE III, BEING ±8.62 ACRES, LOCATED APPROXIMATELY 130 FEET WEST OF REMINGTON DRIVE AND ON THE SOUTH SIDE OF WOODARD AVENUE; AS REQUESTED BY FV DEVELOPMENT II, LLC, REPRESENTED BY MIKE VARRICHIO, CASE PC20-032. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting approval of a Final Plat for Remington Ridge Phase 3, approximately 8.624 acres in size and comprised of 36 single-family residential lots and two (2) open space lots. The property is currently zoned SF-4 (Single-Family Dwelling District) and is currently undeveloped. All proposed lots meet the minimum lot area of 7,000 square feet and the minimum lot width of 60 feet. On June 2, 2003, the City Council approved a 25’ front yard setback during the original preliminary plat approval of the Remington Ridge Phase III. The plat exhibit identifies a 25’ front yard setback on each lot as previously approved. All lots meet the additional minimum setback requirements as outlined in the SF-4 District: 20’ rear yard setback, 7’ side yard setback and 15’ side yard setback adjacent to a street. With the exception of the requested variance, the final plat meets all of the minimum requirements of the PD – OR07-2020-40 and Chapter 154 of the Code of Ordinances. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval with a vote of 6-0 with the following condition: 1. The ROW dedication variance along Woodard Avenue be approved as presented. Variance Request: The applicant has requested a variance to the requirements of the 2017 Master Thoroughfare Plan (MTP), which indicates that this section of Woodard Avenue should ultimately be a minor arterial roadway, requiring 90 feet of right-of-way (ROW). To meet this requirement, a ROW dedication of approximately 15’ would be required along the Woodard frontage of this property. However, when the first phases (Phases 1 and 2) of Remington Ridge were platted in 1999 and 2004, prior to the City’s current Master Thoroughfare Plan, the ROW for Woodard Avenue was platted at 65 feet. When Remington Ridge Phase 3 was preliminary platted in 2019, the plat matched the first and second phases, and no additional ROW dedication was indicated on the preliminary plat. The final plat substantially conforms to the approved preliminary plat, but because the ROW dedication does not meet the current MTP requirements, a variance is required. Engineering Staff supports the variance based on the fact that it matches the existing phases, existing conditions and the previously submitted preliminary plat. Staff has worked with the developer to provide an additional transitional section of ROW dedication from Durango Lane to the west end of the property. This dedication will allow a future smooth transition of Woodard Avenue from the 65-foot section to the full 90-foot section west of this development.
CONSIDER THE PRELIMINARY PLAT OF CRAFTSMAN’S CORNER, BEING ±8.43 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF GRANBURY STREET, ON THE WEST SIDE OF MEADOWS DRIVE AND APPROXIMATELY 250 FEET SOUTH OF WEST KILPATRICK AVENUE, AS REQUESTED BY M. SHARP FAMILY, LP, REPRESENTED BY CORY MURRAY, CASE PC20-035. Presented by: Shane Pace, Executive Director of Development Services SUMMARY: The applicant is requesting approval of the preliminary plat for Craftsman’s Corner, a proposed single-family residential development comprised of 40 single-family residential lots and two (2) common area lots. The applicant requested a PD (Planned Development District) rezone for the subject property for the proposed single-family development. At the September 22, 2020 meeting, City Council voted 5-0 to approve a rezoning request to the PD (Planned Development District), OR09-2020-51. As submitted, the preliminary plat meets all of the minimum requirements of the PD – OR09-2020-51 and Chapter 154 of the Code of Ordinances. The Planning and Zoning Commission considered this request at their October 26, 2020 meeting and recommended approval with a vote of 6-0.
CONSIDER AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2020 TO SEPTEMBER 30, 2021 (#3) BY APPROPRIATING $386,481.90 FROM ANTICIPATED CARES ACT FUNDING IN THE GENERAL FUND. Presented by: Troy Lestina, Director of Finance SUMMARY: Fire command staff has identified additional equipment (Tempus Cardiac Monitors) for emergency medical responses that would protect the front line fire staff & paramedics that come into close contact with individuals who may be asymptomatic with COVID-19 or individuals who are already confirmed positive for COVID-19. Also, identified as a needed piece of equipment is a Dell Rugged Latitude laptop to be used in the Fire Marshall’s office. The laptop will increase the communication ability between the Fire and Police departments that will provide a safer and more rapid response time to emergency situations including those involving pandemic situations. Staff has deemed these purchases eligible for CARES Act Funding. This is the initial determination in regards to CARES Act Funding. Once these purchases have been made, the appropriate documentation will be submitted to Texas Department of Emergency Management for reimbursement. The documentation for these expenditures have been forwarded to TDEM for prior consideration. The possibility exists that Texas Department of Emergency Management may reject these expenditures. If that does occur, this equipment would have to be partially funded from the FY 2021 Contingency Reserve of $250,000 and the remaining expenditure to be funded from General Fund Reserves. The proposed General Fund budget amendment in the amount of $386,481.90 will revise the total adopted General Fund budget of $40,508,251.40 (Ordinance OR09-2020-49) to $40,894,733.30.
CONSIDER AUTHORIZING THE PURCHASE OF SEVEN TEMPUS ALS CARDIAC MONITOR/DEFIBRILLATORS FROM PHILIPS, USA, A SOLESOURCE VENDOR, FOR AN AMOUNT NOT TO EXCEED $382,931.90, THROUGH PROVISIONS OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES ACT”). Presented by: Scott Lail, Fire Chief SUMMARY: Cleburne Fire is requesting approval to purchase seven (7) new Cardiac Monitor/Defibrillators with reimbursement from the CARES Act. This equipment would help the Department be better prepared to respond in the face of current and future pandemic emergencies. The Cardiac Monitors/Defibrillators will be purchased from Philips, USA, as the Sole Source Vendor for this particular unit and come with a 7-year Bench Warranty. The Monitors will allow state-of-the-science monitoring and care for CFD’s patients. It also allows for hands-off tracking of patients during transport, keeping responders safer during the COVID- 19 pandemic. CFD’s current monitors will lose FDA clearance and technical support in 15 months and must be replaced no later than then. This presents an opportunity to secure federal funding in the amount of $382,931.90 to replace those units that are nearing the end of their lifespan with new monitors that protect patients and fire/EMS employees during the pandemic. We have reached out to the Texas Department of Emergency Management (TDEM) to seek pre-approval and guidance on this purchase and received a standard response quoting the funding guidelines. We fill this acquisition meets the criteria of the grant funding; however, please note if for any reason TDEM does not approve this expenditure then funding would need to be provided by the City from our FY 2021 General Fund Budget Contingency Reserve of $250,000, with the remaining expenditures to be funded from General Fund Reserves.
Pursuant to the Open Meetings Act, Chapter 551, and the Texas Disaster Act, Chapter 418, of the Texas Government Code, Executive Session may be held at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to any posted subject matter of this City Council Meeting. Section 551.071. Consultation with Attorney and Section 551.072. Deliberation Regarding Real Property - The City Council will convene into executive session to receive legal advice from the City Attorney regarding pending or contemplated litigation and to deliberate the purchase, lease, or value of real property related to the following matter: EXE1. Discuss Municipal Utility District – Shane Pace, Executive Director of Development Services Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. ADJOURNMENT