I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Gayle White, SMD 2 Dale Sturgeon, Mayor Pro Tem John Warren, SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney II. INVOCATION by Rev Jerry Cox, Crossroads Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – 2017 Police Annual Report
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 JUNE 12, 2018 REGULAR COUNCIL MEETING. M2. APPROVAL OF MINUTES FOR THE JUNE 19, 2018 SPECIAL COUNCIL MEETING. BQ1. AUTHORIZE PURCHASE OF A MOBILE COMMAND VEHICLE FROM SILSBEE FORD, A BUYBOARD COOPERATIVE PURCHASING VENDOR, TO BE USED BY THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $80,366.20. Person presenting this item: Rob Severance, Chief of Police BRIEF: On February 27, 2018, Council approved the purchase of a Mobile Command Vehicle from Chastang Ford, with vehicle body construction by Supreme Corporation, funded through a Criminal Justice Division Grant. CPD submitted the Council action documentation to the grantor for approval of purchase prior to ordering the vehicle. CJD approved the purchase on 5/31/18. In the interim, the original vendor was purchased by another company who no longer constructs specialty vehicles. CPD located another vendor, Silsbee Ford, who can construct the vehicle for $80,366.20. The purchase is funded through a Criminal Justice Division Grant ($79,810) and the Abandoned Vehicle Fund ($556.20) for a total of $80,366.20. Silsbee Ford is a BuyBoard cooperative purchasing vendor, and therefore all bidding requirements have been met. RS1. A RESOLUTION AUTHORIZING RENEWAL OF THE ANNUAL SERVICE CONTRACT TO GREENLANDER, LLC FOR VEGETATIVE MANAGEMENT FOR AN AMOUNT NOT TO EXCEED THE AMOUNT OF $48,814.05. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: The vegetative management contract was awarded to Greenlander, LLC in May 2016 for one year with the option of four additional one-year extensions. This would be the second extension. The vendor has agreed to renew at the same price of $125.00 per acre for the first application, $120.00 for each consecutive application, and $0.05 per linear foot for curbs and sidewalks. Greenlander, LLC has continued to provide excellent service to the City during prior and current contract periods. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF MAY 2018. Person presenting this item: Terry Leake, Director of Finance
AN ORDINANCE AMENDING SECTION 120.04: SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES, PUBLIC HOSPITALS, PUBLIC OR PRIVATE SCHOOLS, OF THE CODE OF ORDINANCES, BY ADDING SUBSECTION (F)(5) TO GRANT A VARIANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF A CHURCH IF THE RESTAURANT IS LOCATED WITHIN THE ORIGINAL DOWNTOWN OVERLAY DISTRICT AND HOLDING A TABC ONPREMISE LICENSE AUTHORIZED IN THE CITY OF CLEBURNE. Person presenting this item: Shane Pace, Director of Community Development BRIEF: On May 8, 2018, Chuck Bailey spoke during the citizen comments period of the City Council meeting. Mr. Bailey was representing a group of downtown Cleburne business owners, collectively requesting the City Council to reconsider the distance requirements from churches for the sale of alcoholic beverages in the downtown area. Following Mr. Bailey’s presentation, Council directed City staff to evaluate the existing policy, and present a plan of action addressing the business owners’ concerns. Section 109.33 of the Texas Alcoholic Beverage Code allows the City Council to enact regulations prohibiting the sale of alcoholic beverages within certain distances of churches, public or private schools, and public hospitals. The City Council adopted Section 120.04 of the Code of Ordinances prohibiting the sale of alcoholic beverages within 300 feet of churches, public and private schools, and public hospitals on August 11, 2009. Today, downtown Cleburne is experiencing a rebirth and revitalization and, as a result, a number of proposed and existing restaurants have expressed a desire to be able to sell alcoholic beverages but are unable to do so given the proximity of a number of churches in the downtown area. In an effort to address this new demand and provide for the sale of alcoholic beverages at restaurants in the downtown area, staff researched potential ways to permit such uses. Section 109.33(e) of the Texas Alcoholic Beverage Code authorizes the City Council to grant variances to these restrictions if the Council determines it is in the best interest of the community. Based on these findings, and at the direction of City Council, staff proposes to amend Section 120.04 of the Code of Ordinances, by adding a new subsection (F)(5) to grant a variance to allow the sale of alcoholic beverages within 300 feet of churches for a premises in the downtown area. The downtown area shall be defined by the boundaries of the Original Downtown Overlay District and will be for all restaurants holding a TABC On-Premise license authorized in the City of Cleburne.
*PUBLIC HEARING* APPROVE REPLAT OF LOTS 38R-1 & 38R-2, BLOCK 819, BELLEVUE PLACE ADDITION (BEING 0.412 ACRE TRACT, LOCATED AT 401 SUNSET AVE); AS REQUESTED BY MARK RHODES. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create two residential lots. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the Preservation District. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 4-2, with Commissioner Bruchmann recusing himself.
*PUBLIC HEARING* APPROVE REPLAT OF LOT 5R, BLOCK 1, HELLEN POWELL’S ADDITION (BEING 1.02 ACRE TRACT, LOCATED AT 1217 S. BRAZOS AVE); AS REQUESTED BY BRETT MASON, REPRESENTED BY STEVEN CREWS. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to replat one residential lot for the construction of a new home. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the Village District. The applicant has requested a waiver to the requirement to install curb and gutter along Carmela Court. Staff has reviewed the request, and has no concerns with granting the waiver. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 7-0, with a waiver to the requirement to install curb and gutter along Carmela Court.
*PUBLIC HEARING* APPROVE REPLAT OF LOTS 2R1-7R1 & 1X-2X, BLOCK 1, THE MEADOWS (BEING 2.906 ACRE TRACT, LOCATED AT 206 S NOLAN RIVER RD); AS REQUESTED BY BIBER PROPERTIES, REPRESENTED BY ROSS CALHOUN. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create six residential lots. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned D (Duplex Dwelling District), T (Townhouse District) and SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the City Center West District. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 7-0.
APPROVE PRELIMINARY PLAT OF BLOCKS A-K, BAKER FARMS (BEING 60.423 ACRE TRACT IN H&TCRR CO SURVEY); AS REQUESTED BY RW GOSSETT, REPRESENTED BY TOMMY CANSLER. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create 246 single-family residential lots. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned PD (Planned Development District) and the Comprehensive Land Use Plan shows this area to be in the Regional Corridor, Villages, and Traditional Neighborhood Districts. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 3-0, with four (4) members abstaining. The action taken by the Planning and Zoning Commission does constitute approval, given the majority of the members present and voting moved to approve the plat; the plat is approved. The abstention by four members does not negate the action of the voting members.
OC6. END UNEXPIRED TERM OF ANIMAL SHELTER ADVISORY BOARD MEMBER, RHONDA GUENTHER. Person presenting this item: Shelly Doty, City Secretary BRIEF: Due to health concerns, Rhonda Guenther is unable to continue her service on the Animal Shelter Advisory Board. Her term does not expire until December. So that a new member may be appointed, staff is requesting that Council take formal action to end her term early. OC7. APPOINTMENTS AND REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Person presenting this item: Shelly Doty, City Secretary BRIEF: The Board and Commission Committee has reviewed current applications, contacted potential candidates and is prepared to make recommendations to the City Council. The recommendation for 1 s t term appointments are as follows: Kathy McClelland Animal Shelter Bettye Cook Parks Joyce Petross Library Kyle May Parks Ronald Shultz Library Brian Goodman Parks Sharon Corder Library Derek Weathers P&Z Patsy Downing Museum Julie Hammond ZBA Patricia (Trish) Kilburn Museum Christopher Boedeker ZBA Guy James Museum The recommendation for 2 nd term reappointments are as follows: Linda London Building Standards Judge Roger Harmon TIF 1 Suzanne Alvarado Cemetery Dr. Robert Kelly TIF 2 Richard Berman Cemetery Rick Bailey TIF 3 Perry Rosser Cemetery Roger Harmon TIF 3 Michael Smith Cemetery Scott Cain TIF 3 Gayle White Cemetery Dale Sturgeon TIF 3 Eddy Boggs Parks Gayle White TIF 3 ADJOURNMENT
I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, SMD 1 Gayle White, SMD 2 Dale Sturgeon, Mayor Pro Tem John Warren, SMD 4 Administration: Steve Polasek, City Manager Fritz Quast, City Attorney II. INVOCATION by Rev Jerry Cox, Crossroads Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – 2017 Police Annual Report
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 JUNE 12, 2018 REGULAR COUNCIL MEETING. M2. APPROVAL OF MINUTES FOR THE JUNE 19, 2018 SPECIAL COUNCIL MEETING. BQ1. AUTHORIZE PURCHASE OF A MOBILE COMMAND VEHICLE FROM SILSBEE FORD, A BUYBOARD COOPERATIVE PURCHASING VENDOR, TO BE USED BY THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $80,366.20. Person presenting this item: Rob Severance, Chief of Police BRIEF: On February 27, 2018, Council approved the purchase of a Mobile Command Vehicle from Chastang Ford, with vehicle body construction by Supreme Corporation, funded through a Criminal Justice Division Grant. CPD submitted the Council action documentation to the grantor for approval of purchase prior to ordering the vehicle. CJD approved the purchase on 5/31/18. In the interim, the original vendor was purchased by another company who no longer constructs specialty vehicles. CPD located another vendor, Silsbee Ford, who can construct the vehicle for $80,366.20. The purchase is funded through a Criminal Justice Division Grant ($79,810) and the Abandoned Vehicle Fund ($556.20) for a total of $80,366.20. Silsbee Ford is a BuyBoard cooperative purchasing vendor, and therefore all bidding requirements have been met. RS1. A RESOLUTION AUTHORIZING RENEWAL OF THE ANNUAL SERVICE CONTRACT TO GREENLANDER, LLC FOR VEGETATIVE MANAGEMENT FOR AN AMOUNT NOT TO EXCEED THE AMOUNT OF $48,814.05. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: The vegetative management contract was awarded to Greenlander, LLC in May 2016 for one year with the option of four additional one-year extensions. This would be the second extension. The vendor has agreed to renew at the same price of $125.00 per acre for the first application, $120.00 for each consecutive application, and $0.05 per linear foot for curbs and sidewalks. Greenlander, LLC has continued to provide excellent service to the City during prior and current contract periods. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF MAY 2018. Person presenting this item: Terry Leake, Director of Finance
AN ORDINANCE AMENDING SECTION 120.04: SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES, PUBLIC HOSPITALS, PUBLIC OR PRIVATE SCHOOLS, OF THE CODE OF ORDINANCES, BY ADDING SUBSECTION (F)(5) TO GRANT A VARIANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF A CHURCH IF THE RESTAURANT IS LOCATED WITHIN THE ORIGINAL DOWNTOWN OVERLAY DISTRICT AND HOLDING A TABC ONPREMISE LICENSE AUTHORIZED IN THE CITY OF CLEBURNE. Person presenting this item: Shane Pace, Director of Community Development BRIEF: On May 8, 2018, Chuck Bailey spoke during the citizen comments period of the City Council meeting. Mr. Bailey was representing a group of downtown Cleburne business owners, collectively requesting the City Council to reconsider the distance requirements from churches for the sale of alcoholic beverages in the downtown area. Following Mr. Bailey’s presentation, Council directed City staff to evaluate the existing policy, and present a plan of action addressing the business owners’ concerns. Section 109.33 of the Texas Alcoholic Beverage Code allows the City Council to enact regulations prohibiting the sale of alcoholic beverages within certain distances of churches, public or private schools, and public hospitals. The City Council adopted Section 120.04 of the Code of Ordinances prohibiting the sale of alcoholic beverages within 300 feet of churches, public and private schools, and public hospitals on August 11, 2009. Today, downtown Cleburne is experiencing a rebirth and revitalization and, as a result, a number of proposed and existing restaurants have expressed a desire to be able to sell alcoholic beverages but are unable to do so given the proximity of a number of churches in the downtown area. In an effort to address this new demand and provide for the sale of alcoholic beverages at restaurants in the downtown area, staff researched potential ways to permit such uses. Section 109.33(e) of the Texas Alcoholic Beverage Code authorizes the City Council to grant variances to these restrictions if the Council determines it is in the best interest of the community. Based on these findings, and at the direction of City Council, staff proposes to amend Section 120.04 of the Code of Ordinances, by adding a new subsection (F)(5) to grant a variance to allow the sale of alcoholic beverages within 300 feet of churches for a premises in the downtown area. The downtown area shall be defined by the boundaries of the Original Downtown Overlay District and will be for all restaurants holding a TABC On-Premise license authorized in the City of Cleburne.
*PUBLIC HEARING* APPROVE REPLAT OF LOTS 38R-1 & 38R-2, BLOCK 819, BELLEVUE PLACE ADDITION (BEING 0.412 ACRE TRACT, LOCATED AT 401 SUNSET AVE); AS REQUESTED BY MARK RHODES. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create two residential lots. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the Preservation District. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 4-2, with Commissioner Bruchmann recusing himself.
*PUBLIC HEARING* APPROVE REPLAT OF LOT 5R, BLOCK 1, HELLEN POWELL’S ADDITION (BEING 1.02 ACRE TRACT, LOCATED AT 1217 S. BRAZOS AVE); AS REQUESTED BY BRETT MASON, REPRESENTED BY STEVEN CREWS. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to replat one residential lot for the construction of a new home. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the Village District. The applicant has requested a waiver to the requirement to install curb and gutter along Carmela Court. Staff has reviewed the request, and has no concerns with granting the waiver. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 7-0, with a waiver to the requirement to install curb and gutter along Carmela Court.
*PUBLIC HEARING* APPROVE REPLAT OF LOTS 2R1-7R1 & 1X-2X, BLOCK 1, THE MEADOWS (BEING 2.906 ACRE TRACT, LOCATED AT 206 S NOLAN RIVER RD); AS REQUESTED BY BIBER PROPERTIES, REPRESENTED BY ROSS CALHOUN. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create six residential lots. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned D (Duplex Dwelling District), T (Townhouse District) and SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the City Center West District. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 7-0.
APPROVE PRELIMINARY PLAT OF BLOCKS A-K, BAKER FARMS (BEING 60.423 ACRE TRACT IN H&TCRR CO SURVEY); AS REQUESTED BY RW GOSSETT, REPRESENTED BY TOMMY CANSLER. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create 246 single-family residential lots. This plat meets all platting requirements set in the City’s Ordinance. The subject property is zoned PD (Planned Development District) and the Comprehensive Land Use Plan shows this area to be in the Regional Corridor, Villages, and Traditional Neighborhood Districts. The Planning and Zoning Commission considered this request at their June 11, 2018 meeting and recommended approval of the plat by a vote of 3-0, with four (4) members abstaining. The action taken by the Planning and Zoning Commission does constitute approval, given the majority of the members present and voting moved to approve the plat; the plat is approved. The abstention by four members does not negate the action of the voting members.
OC6. END UNEXPIRED TERM OF ANIMAL SHELTER ADVISORY BOARD MEMBER, RHONDA GUENTHER. Person presenting this item: Shelly Doty, City Secretary BRIEF: Due to health concerns, Rhonda Guenther is unable to continue her service on the Animal Shelter Advisory Board. Her term does not expire until December. So that a new member may be appointed, staff is requesting that Council take formal action to end her term early. OC7. APPOINTMENTS AND REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Person presenting this item: Shelly Doty, City Secretary BRIEF: The Board and Commission Committee has reviewed current applications, contacted potential candidates and is prepared to make recommendations to the City Council. The recommendation for 1 s t term appointments are as follows: Kathy McClelland Animal Shelter Bettye Cook Parks Joyce Petross Library Kyle May Parks Ronald Shultz Library Brian Goodman Parks Sharon Corder Library Derek Weathers P&Z Patsy Downing Museum Julie Hammond ZBA Patricia (Trish) Kilburn Museum Christopher Boedeker ZBA Guy James Museum The recommendation for 2 nd term reappointments are as follows: Linda London Building Standards Judge Roger Harmon TIF 1 Suzanne Alvarado Cemetery Dr. Robert Kelly TIF 2 Richard Berman Cemetery Rick Bailey TIF 3 Perry Rosser Cemetery Roger Harmon TIF 3 Michael Smith Cemetery Scott Cain TIF 3 Gayle White Cemetery Dale Sturgeon TIF 3 Eddy Boggs Parks Gayle White TIF 3 ADJOURNMENT