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 III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – Construction projects update, Jeremy Hutt & Cheryl Taylor
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 SEPTEMBER 25, 2018 COUNCIL MEETING. BQ1. AUTHORIZE PURCHASE OF THREE 2019 CHEVROLET TAHOE PPV UNITES FROM CALDWELL COUNTRY CHEVROLET UTILIZING BUYBOARD CONTRACT #521-16 FOR AN AMOUNT NOT TO EXCEED $176,241. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: This purchase is for the replacement of units #2021 (2012 Tahoe), #2023 (2012 Tahoe) and #2025 (2009 Charger). These assets have reached the end of their useful life cycle and are scheduled for replacement. The units to replace them will be 2019 Chevrolet Tahoe PPV’s upfitted at different levels. Two units are quoted at a cost $58,922 each and the third is quoted at $58,397. The price difference is a result of different lighting configurations. The quoted prices of the vehicles includes a $400 Buy Board service fee. These costs do not include the computers and docking stations for the units and the radios will be transferred out of the units to be retired. Caldwell Country Chevrolet has been awarded the BuyBoard contract for these vehicles so all competitive purchasing requirements have been met. The existing units will be removed from the fleet and auctioned, or used to replace a lower priority unit within the fleet that is less desirable to maintain. RS1. RS10-2018- A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH NCTCOG FOR 2019 AERIAL PHOTOGRAPHY FOR AN AMOUNT OF $23,473.60. Person presenting this item: David Raybuck, IT Director BRIEF: Aerial photography (digital orthophotography) is used as a background in digital and printed maps, to verify the size and location of objects/structures on the ground, and to capture new features/structures. It is heavily used in planning and zoning, engineering, public works, administrative and GIS functions. Every two years, the North Central Texas Council of Governments (NCTCOG) coordinates the cooperative purchase of aerial photography and spreads the cost across all regional participants, which significantly lowers our cost when compared to purchasing this on our own. The City of Cleburne last participated in this program in 2015, so our current aerial photos are over three years old and there has been a substantial amount of changes on the ground since then. This effort was approved and funded in the FY 2019 General Fund Information Technology Department (50%) and Drainage Utility Fund Storm Drainage Department (50%) budget. Competitive purchasing requirements have been met via Section 791.025 of the Texas Government Code, which authorizes local governments to agree with another local government to purchase goods and services. OC1. APPROVE FINAL PLAT OF LOTS 1-4, BLOCK 1, DIAZ DIVISION (BEING 11.55 ACRES IN CHRISTOPHER CHANEY SURVEY AND LOCATED IN THE CITY’S ETJ); AS REQUESTED BY MOISES DIAZ, REPRESENTED BY EDUARDO DIAZ. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to plat four residential lots in the City’s Extra-Territorial Jurisdiction. This plat meets all platting requirements set in the City’s Ordinance. The Comprehensive Land Use Plan shows this area to be in the Traditional Neighborhoods District. The Planning and Zoning Commission considered this request at their July 23, 2018 meeting and recommended approval of the plat by a vote of 4-0.
RS10-2018- A RESOLUTION AUTHORIZING A 380 ECONOMIC DEVELOPMENT AGREEMENT WITH CHRISTMAS IN ACTION AND ADOPTING THE HELPING OCCUPANTS PROSPER EVERYDAY (HOPE) COMMUNITY REVITALIZATION PROGRAM. Person presenting this item: Denise Jones, Senior Assistant to the City Manager BRIEF: As part of the long-range planning and revitalization efforts of the City, the City Council has previously authorized a program of residential structure rehabilitation for the purpose of preservation and protection of the ad valorem property tax base. Initially, that program centered primarily on the construction of new homes on vacant lots that were struck off to the City due to non-payment of taxes. With the change in our local economy, the City is currently able to sell these lots directly to investors who are willing to construct single family homes upon them. As such, the shift is now toward home restoration projects which are also deemed to be of economic benefit to the City and contribute to sustaining the City’s property values. There are numerous owner occupied houses in Cleburne exhibiting various stages of decline. This decline has a major impact on the deterioration of the real estate property tax base throughout the City. The proposed HOPE program and economic development agreement with Christmas in Action (CIA) will address the redevelopment of existing housing stock in the City and promote development within the City as a whole. This is essential for the overall continued economic growth of the City as the availability of quality housing stock encourages the relocation of new residents and attracts new business enterprises, as well as the expansion of existing business enterprises within the City. In turn, such activity stimulates growth, creates jobs, and increases property and sales tax revenues. The proposed resolution supports and approves community revitalization programs. More specifically, it adopts the HOPE revitalization program as part of the City’s economic development efforts to help stabilize and improve the residential tax base of Cleburne for future generations, as well as for the health, safety, and welfare of the entire citizenry of Cleburne. Further, it authorizes the City Manager to enter in to an economic development agreement with CIA for the development, implementation and administration of the HOPE program and to pay CIA the sum of $12,500 quarterly ($50,000 annually) for such services. CIA is a 501(c)(3) nonprofit that has operated in Cleburne since 1999. Through the years they have organized volunteer groups, churches, community leaders, and local businesses to participate in the renovation, cleanup and construction of countless homes in our community. The City Attorney’s office reviewed State statutes and the City Charter and determined that the City can establish grants of funds for the purposes of promoting local economic development and business and commercial activity within the City, and the stabilization of the ad valorem tax base directly impacts the economic development of the City at both the residential and commercial levels, pursuant to and in accordance with the Texas Local Government Code Chapter 380.
RS10-2018- A RESOLUTION AUTHORIZING A 380 ECONOMIC DEVELOPMENT AGREEMENT WITH FERNANDO RODRIGUEZ UTILIZING THE DOWNTOWN BUILDING REHABILITATION GRANT PROGRAM FOR PROPERTY LOCATED AT 110 N CADDO ST. Person presenting this item: Grady Easdon, Economic Development Manager BRIEF: Apos Western Wear and Boutique has submitted an application seeking funds available under the Downtown Building Rehabilitation Matching Incentive Program (“Program”) in the amount of $7,250.00 to be used toward the cost of installing a new HVAC system in their building located at 110 N. Caddo St. Total cost of this project is $14,500.00. Under the terms of the Program, matching funds of 50% of total project cost or $25,000, whichever is less, would be available if the application is approved.
RS10-2018- A RESOLUTION AUTHORIZING A 380 ECONOMIC DEVELOPMENT AGREEMENT WITH ANGELA REYNOLDS UTILIZING THE DOWNTOWN BUILDING REHABILITATION GRANT PROGRAM FOR PROPERTY LOCATED AT 205 S MAIN ST. Person presenting this item: Grady Easdon, Economic Development Manager BRIEF: Mrs. Reynolds has submitted an application seeking funds available under the Downtown Building Rehabilitation Matching Incentive Program (“Program”) in the amount of $7,300.00 to be used toward the cost of installing a new elastomeric roof to her building located at 205 South Main Street, known as the Garden of Eating Bistro, a newly-opened downtown restaurant. Total cost of this project is $14,613.75. Under the terms of the Program, matching funds of 50% of total project cost or $25,000, whichever is less, would be available if the application is approved.
RS10-2018- A RESOLUTION AUTHORIZING THE CLEBURNE RAILROAD MUSEUM GROUP, A LOCAL 501(c)(3) ORGANIZATION, TO APPLY FOR AND PLACE A HISTORICAL MARKER FOR THE 3417 LOCOMOTIVE (AKA “SPIRIT OF CLEBURNE”) LOCATED AT HULEN PARK. Person presenting this item: Aaron Dobson, Director of Parks and Recreation BRIEF: This item is to allow the Cleburne Railroad Museum Group (CRRMG) the ability to apply for and officially recognize the 3417 locomotive, aka the Spirit of Cleburne, as a historical marker. The marker will then be placed onsite near the Spirit of Cleburne. If approved as a historical marker, this recognition will not prohibit the City of Cleburne in any future improvements to the Spirit of Cleburne or the surrounding area of Hulen Park. Nor does it require any regulated or additional maintenance obligations.
RS10-2018- A RESOLUTION CREATING A TEMPORARY RAILROAD MUSEUM ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING THE RAILROAD MUSEUM FACILITY; APPOINTING MEMBERS TO THE COMMITTEE, AND ESTABLISHING PROCEDURAL GUIDELINES. Person presenting this item: Aaron Dobson, Director of Parks and Recreation BRIEF: This is to establish a temporary Railroad Museum Advisory Committee to assist and advise city staff, and to make recommendations to City Council regarding the construction, improvement, and expansion of the Railroad Museum. The Committee shall consist of the Parks and Recreation Director, Museum Manager, Museum Educator, Layland Board President, a Layland Board Member, the Cleburne Railroad Museum Group President, and a Cleburne Railroad Museum Group (501c3 organization) Member. The City Council of the City of Cleburne believes that an organized and coordinated approach to the construction, improvement, and expansion of the Railroad Museum will work best and to that end, directs the Committee to use the Charge prepared for the Advisory Committee.
RS7. RS10-2018- A RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT FOR DISANNEXATION WITH MANUEL LEAL FOR APPROXIMATELY 4.883 ACRES LOCATED AT 225 FM 1434. Person presenting this item: Shane Pace, Director of Community Development BRIEF: The property owners of 225 FM 1434 have requested to have their property disannexed from the corporate limits of City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The property owners did not enter into a development agreement, as they did not believe their property qualified for a development agreement per the information received during the annexation proceedings. The subject property is approximately 4.883 acres in size and is developed with one single-family home and multiple accessory buildings. The property owner has indicated the intent to continue the current land use on the subject property. The adjacent properties are located outside of the city limits within Cleburne’s extraterritorial jurisdiction (ETJ). The property owners have paid City taxes each year following annexation as required. Section 212.172 of the Local Government Code authorizes the City to negotiate development agreements with landowners to (1) guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality; (2) extend the municipality's planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized; (3) authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality's boundaries; (4) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality; (5) provide for infrastructure for the land, including: (A) streets and roads; (B) street and road drainage; (C) land drainage; and (D) water, wastewater, and other utility systems; (6) authorize enforcement of environmental regulations; (7) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties; (8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or (9) include other lawful terms and considerations the parties consider appropriate. OR1. OR10-2018- AN ORDINANCE DISANNEXING 4.883 ACRES LOCATED AT 225 FM 1434 FROM THE CITY OF CLEBURNE, AMENDING THE BOUNDARY LIMITS OF SAID CITY, AS REQUESTED BY MANUEL LEAL. Person presenting this item: Shane Pace, Director of Community Development BRIEF: The property owners of 225 FM 1434 have requested to have their property disannexed from the corporate limits of City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The property owners did not enter into a development agreement, as they did not believe their property qualified for a development agreement per the information received during the annexation proceedings. 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. Staff has reviewed this request and has no concerns with the request as presented. A public hearing is not required for this action. The subject property is approximately 4.883 acres in size and is developed with one single-family home and multiple accessory buildings. The property owner has indicated the intent to continue the current land use on the subject property. The adjacent properties are located outside of the city limits within Cleburne’s extraterritorial jurisdiction (ETJ). The property owners have 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 of $51.62 is required. The subject property is currently served by JCSUD water service and is utilizing a septic system for sanitary sewer. There are no plans to extend city water of sewer infrastructure into this area in the near future.
OR10-2018- AN ORDINANCE AMENDING TITLE IX: GENERAL REGULATIONS, CHAPTER 102: MUSEUM, SECTION 102.015 MUSEUM ADVISORY BOARD BY SPECIFYING ONE OF THE 9 BOARD MEMBERS BEING APPOINTED FROM THE LOCAL 501(c) (3) ORGANIZATION, CLEBURNE RAILROAD MUSEUM GROUP. Person presenting this item: Aaron Dobson, Director of Parks and Recreation BRIEF: This is to establish that the President of the Cleburne Railroad Museum Group, a local 501(c)(3) non-profit organization,will occupy one of the nine board member positions on the City’s Museum Advisory Board. The City’s Museum Advisory Board discussed this at their meetings on February 20 and March 20 and recommended approval with a vote of 5-1.
OR10-2018- AN ORDINANCE AUTHORIZING RELEASE OF INTEREST AND PORTION OF ADMINISTRATIVE FEES FOR LIENS FILED AGAINST PROPERTY LOCATED AT 505 ERIE ST; AS REQUESTED BY MARTHA MIRANDA. Person presenting this item: Shelly Doty, City Secretary BRIEF: The property located at 505 Erie Street, which consists of two lots previously owned by Amanda Sue Clark, were advertised for the tax auction to be held on Tuesday, October 2. Martha Miranda purchased this property before the sale, assuming responsibility of the property. She is also moving forward with plans to build two brick homes on these lots within the next 90 days, weather permitting. The City holds outstanding mowing and demolition liens on this property as well as mowing costs for this current mowing season. Total amounts held currently are $9,129.14 in mowing/demolition costs and administrative fees, and $3,529.34 in interest for both liens and the current mowing year. Mrs. Miranda is petitioning the Council to forgive the interest and a portion of the administrative fees to assist her in moving forward with this construction project and redevelopment of this area.
OR10-2018- AN ORDINANCE APPROVING PETITION FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 6 ACRES IN THE WILLIAM O’NEAL SURVEY, AS REQUESTED BY JAMES BRENT EASDON. Person presenting this item: Shane Pace, Director of Community Development BRIEF: A petition for voluntary annexation has been filed with the City by the owners of an approximately six-acre tract of land, generally located east of Westlake Drive, and south of US 67, contiguous to the City of Cleburne. The applicant is requesting that the Property be annexed and become part of the City pursuant to Section 43.028 of the Texas Local Government Code. Pursuant to Section 43.063 of the Texas Local Government Code, the City Council is required to hold two public hearings before it may initiate annexation proceedings for the Property. The public hearings will be held on September 11, 2018 and September 18, 2018, with the adoption of the annexation ordinance scheduled for October 9, 2018. The applicant has indicated the intent to sell one acre of the six-acre tract for the development of one single-family residential home on the subject property. The subject property is located within the Sustainable Community district, and single-family residential uses are considered appropriate. The adjacent property to the north is currently developed with singlefamily residential homes, making the proposed land use consistent with the surrounding development patterns. The subject property appears to be adequately served by JCSUD water service.
APPROVE REPLAT OF LOT 1, BLOCK 1, PRESCHER ADDITION I (BEING 0.15 ACRES LOCATED AT 612 N WALNUT ST); AS REQUESTED BY PRESCHER CUSTOM HOMES, LLC. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create one residential lot. This plat meets all platting requirements set in the City’s Ordinance with the exception to the waiver being requested of minimum lot area. The subject property is zoned SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the City Center North District. The applicant has requested a waiver to the minimum lot area. The subject property is 6,588 square feet in area, and the minimum lot area for the SF-4 (Single-Family Dwelling District) is 7,000 square feet. Therefore, the subject property is 412 square feet below the minimum lot area requirement for the SF-4 District. The subject property is located in an established neighborhood, with existing homes and structures on each adjacent lot. Therefore, the applicant cannot reasonably acquire the additional 412 square feet of area. Section 154.008 Modifications and Waivers – permits the approval of a waiver where “… a distinct and unusual condition that does not prevail on other undeveloped land generally in the city, the Commission may approve a variance from specific standards to permit the equitable treatment of the land or tract in light of the unusual condition.” The Planning and Zoning Commission considered this request at their September 24, 2018 meeting and recommended approval of the plat by a vote of 4-0. 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 III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – Construction projects update, Jeremy Hutt & Cheryl Taylor
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 SEPTEMBER 25, 2018 COUNCIL MEETING. BQ1. AUTHORIZE PURCHASE OF THREE 2019 CHEVROLET TAHOE PPV UNITES FROM CALDWELL COUNTRY CHEVROLET UTILIZING BUYBOARD CONTRACT #521-16 FOR AN AMOUNT NOT TO EXCEED $176,241. Person presenting this item: Jeremy Hutt, Director of Public Works BRIEF: This purchase is for the replacement of units #2021 (2012 Tahoe), #2023 (2012 Tahoe) and #2025 (2009 Charger). These assets have reached the end of their useful life cycle and are scheduled for replacement. The units to replace them will be 2019 Chevrolet Tahoe PPV’s upfitted at different levels. Two units are quoted at a cost $58,922 each and the third is quoted at $58,397. The price difference is a result of different lighting configurations. The quoted prices of the vehicles includes a $400 Buy Board service fee. These costs do not include the computers and docking stations for the units and the radios will be transferred out of the units to be retired. Caldwell Country Chevrolet has been awarded the BuyBoard contract for these vehicles so all competitive purchasing requirements have been met. The existing units will be removed from the fleet and auctioned, or used to replace a lower priority unit within the fleet that is less desirable to maintain. RS1. RS10-2018- A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH NCTCOG FOR 2019 AERIAL PHOTOGRAPHY FOR AN AMOUNT OF $23,473.60. Person presenting this item: David Raybuck, IT Director BRIEF: Aerial photography (digital orthophotography) is used as a background in digital and printed maps, to verify the size and location of objects/structures on the ground, and to capture new features/structures. It is heavily used in planning and zoning, engineering, public works, administrative and GIS functions. Every two years, the North Central Texas Council of Governments (NCTCOG) coordinates the cooperative purchase of aerial photography and spreads the cost across all regional participants, which significantly lowers our cost when compared to purchasing this on our own. The City of Cleburne last participated in this program in 2015, so our current aerial photos are over three years old and there has been a substantial amount of changes on the ground since then. This effort was approved and funded in the FY 2019 General Fund Information Technology Department (50%) and Drainage Utility Fund Storm Drainage Department (50%) budget. Competitive purchasing requirements have been met via Section 791.025 of the Texas Government Code, which authorizes local governments to agree with another local government to purchase goods and services. OC1. APPROVE FINAL PLAT OF LOTS 1-4, BLOCK 1, DIAZ DIVISION (BEING 11.55 ACRES IN CHRISTOPHER CHANEY SURVEY AND LOCATED IN THE CITY’S ETJ); AS REQUESTED BY MOISES DIAZ, REPRESENTED BY EDUARDO DIAZ. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to plat four residential lots in the City’s Extra-Territorial Jurisdiction. This plat meets all platting requirements set in the City’s Ordinance. The Comprehensive Land Use Plan shows this area to be in the Traditional Neighborhoods District. The Planning and Zoning Commission considered this request at their July 23, 2018 meeting and recommended approval of the plat by a vote of 4-0.
RS10-2018- A RESOLUTION AUTHORIZING A 380 ECONOMIC DEVELOPMENT AGREEMENT WITH CHRISTMAS IN ACTION AND ADOPTING THE HELPING OCCUPANTS PROSPER EVERYDAY (HOPE) COMMUNITY REVITALIZATION PROGRAM. Person presenting this item: Denise Jones, Senior Assistant to the City Manager BRIEF: As part of the long-range planning and revitalization efforts of the City, the City Council has previously authorized a program of residential structure rehabilitation for the purpose of preservation and protection of the ad valorem property tax base. Initially, that program centered primarily on the construction of new homes on vacant lots that were struck off to the City due to non-payment of taxes. With the change in our local economy, the City is currently able to sell these lots directly to investors who are willing to construct single family homes upon them. As such, the shift is now toward home restoration projects which are also deemed to be of economic benefit to the City and contribute to sustaining the City’s property values. There are numerous owner occupied houses in Cleburne exhibiting various stages of decline. This decline has a major impact on the deterioration of the real estate property tax base throughout the City. The proposed HOPE program and economic development agreement with Christmas in Action (CIA) will address the redevelopment of existing housing stock in the City and promote development within the City as a whole. This is essential for the overall continued economic growth of the City as the availability of quality housing stock encourages the relocation of new residents and attracts new business enterprises, as well as the expansion of existing business enterprises within the City. In turn, such activity stimulates growth, creates jobs, and increases property and sales tax revenues. The proposed resolution supports and approves community revitalization programs. More specifically, it adopts the HOPE revitalization program as part of the City’s economic development efforts to help stabilize and improve the residential tax base of Cleburne for future generations, as well as for the health, safety, and welfare of the entire citizenry of Cleburne. Further, it authorizes the City Manager to enter in to an economic development agreement with CIA for the development, implementation and administration of the HOPE program and to pay CIA the sum of $12,500 quarterly ($50,000 annually) for such services. CIA is a 501(c)(3) nonprofit that has operated in Cleburne since 1999. Through the years they have organized volunteer groups, churches, community leaders, and local businesses to participate in the renovation, cleanup and construction of countless homes in our community. The City Attorney’s office reviewed State statutes and the City Charter and determined that the City can establish grants of funds for the purposes of promoting local economic development and business and commercial activity within the City, and the stabilization of the ad valorem tax base directly impacts the economic development of the City at both the residential and commercial levels, pursuant to and in accordance with the Texas Local Government Code Chapter 380.
RS10-2018- A RESOLUTION AUTHORIZING A 380 ECONOMIC DEVELOPMENT AGREEMENT WITH FERNANDO RODRIGUEZ UTILIZING THE DOWNTOWN BUILDING REHABILITATION GRANT PROGRAM FOR PROPERTY LOCATED AT 110 N CADDO ST. Person presenting this item: Grady Easdon, Economic Development Manager BRIEF: Apos Western Wear and Boutique has submitted an application seeking funds available under the Downtown Building Rehabilitation Matching Incentive Program (“Program”) in the amount of $7,250.00 to be used toward the cost of installing a new HVAC system in their building located at 110 N. Caddo St. Total cost of this project is $14,500.00. Under the terms of the Program, matching funds of 50% of total project cost or $25,000, whichever is less, would be available if the application is approved.
RS10-2018- A RESOLUTION AUTHORIZING A 380 ECONOMIC DEVELOPMENT AGREEMENT WITH ANGELA REYNOLDS UTILIZING THE DOWNTOWN BUILDING REHABILITATION GRANT PROGRAM FOR PROPERTY LOCATED AT 205 S MAIN ST. Person presenting this item: Grady Easdon, Economic Development Manager BRIEF: Mrs. Reynolds has submitted an application seeking funds available under the Downtown Building Rehabilitation Matching Incentive Program (“Program”) in the amount of $7,300.00 to be used toward the cost of installing a new elastomeric roof to her building located at 205 South Main Street, known as the Garden of Eating Bistro, a newly-opened downtown restaurant. Total cost of this project is $14,613.75. Under the terms of the Program, matching funds of 50% of total project cost or $25,000, whichever is less, would be available if the application is approved.
RS10-2018- A RESOLUTION AUTHORIZING THE CLEBURNE RAILROAD MUSEUM GROUP, A LOCAL 501(c)(3) ORGANIZATION, TO APPLY FOR AND PLACE A HISTORICAL MARKER FOR THE 3417 LOCOMOTIVE (AKA “SPIRIT OF CLEBURNE”) LOCATED AT HULEN PARK. Person presenting this item: Aaron Dobson, Director of Parks and Recreation BRIEF: This item is to allow the Cleburne Railroad Museum Group (CRRMG) the ability to apply for and officially recognize the 3417 locomotive, aka the Spirit of Cleburne, as a historical marker. The marker will then be placed onsite near the Spirit of Cleburne. If approved as a historical marker, this recognition will not prohibit the City of Cleburne in any future improvements to the Spirit of Cleburne or the surrounding area of Hulen Park. Nor does it require any regulated or additional maintenance obligations.
RS10-2018- A RESOLUTION CREATING A TEMPORARY RAILROAD MUSEUM ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING THE RAILROAD MUSEUM FACILITY; APPOINTING MEMBERS TO THE COMMITTEE, AND ESTABLISHING PROCEDURAL GUIDELINES. Person presenting this item: Aaron Dobson, Director of Parks and Recreation BRIEF: This is to establish a temporary Railroad Museum Advisory Committee to assist and advise city staff, and to make recommendations to City Council regarding the construction, improvement, and expansion of the Railroad Museum. The Committee shall consist of the Parks and Recreation Director, Museum Manager, Museum Educator, Layland Board President, a Layland Board Member, the Cleburne Railroad Museum Group President, and a Cleburne Railroad Museum Group (501c3 organization) Member. The City Council of the City of Cleburne believes that an organized and coordinated approach to the construction, improvement, and expansion of the Railroad Museum will work best and to that end, directs the Committee to use the Charge prepared for the Advisory Committee.
RS7. RS10-2018- A RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT FOR DISANNEXATION WITH MANUEL LEAL FOR APPROXIMATELY 4.883 ACRES LOCATED AT 225 FM 1434. Person presenting this item: Shane Pace, Director of Community Development BRIEF: The property owners of 225 FM 1434 have requested to have their property disannexed from the corporate limits of City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The property owners did not enter into a development agreement, as they did not believe their property qualified for a development agreement per the information received during the annexation proceedings. The subject property is approximately 4.883 acres in size and is developed with one single-family home and multiple accessory buildings. The property owner has indicated the intent to continue the current land use on the subject property. The adjacent properties are located outside of the city limits within Cleburne’s extraterritorial jurisdiction (ETJ). The property owners have paid City taxes each year following annexation as required. Section 212.172 of the Local Government Code authorizes the City to negotiate development agreements with landowners to (1) guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality; (2) extend the municipality's planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized; (3) authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality's boundaries; (4) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality; (5) provide for infrastructure for the land, including: (A) streets and roads; (B) street and road drainage; (C) land drainage; and (D) water, wastewater, and other utility systems; (6) authorize enforcement of environmental regulations; (7) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties; (8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or (9) include other lawful terms and considerations the parties consider appropriate. OR1. OR10-2018- AN ORDINANCE DISANNEXING 4.883 ACRES LOCATED AT 225 FM 1434 FROM THE CITY OF CLEBURNE, AMENDING THE BOUNDARY LIMITS OF SAID CITY, AS REQUESTED BY MANUEL LEAL. Person presenting this item: Shane Pace, Director of Community Development BRIEF: The property owners of 225 FM 1434 have requested to have their property disannexed from the corporate limits of City of Cleburne. The subject property was annexed in 2012 as part of the larger annexation proceedings taking place at the time. The property owners did not enter into a development agreement, as they did not believe their property qualified for a development agreement per the information received during the annexation proceedings. 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. Staff has reviewed this request and has no concerns with the request as presented. A public hearing is not required for this action. The subject property is approximately 4.883 acres in size and is developed with one single-family home and multiple accessory buildings. The property owner has indicated the intent to continue the current land use on the subject property. The adjacent properties are located outside of the city limits within Cleburne’s extraterritorial jurisdiction (ETJ). The property owners have 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 of $51.62 is required. The subject property is currently served by JCSUD water service and is utilizing a septic system for sanitary sewer. There are no plans to extend city water of sewer infrastructure into this area in the near future.
OR10-2018- AN ORDINANCE AMENDING TITLE IX: GENERAL REGULATIONS, CHAPTER 102: MUSEUM, SECTION 102.015 MUSEUM ADVISORY BOARD BY SPECIFYING ONE OF THE 9 BOARD MEMBERS BEING APPOINTED FROM THE LOCAL 501(c) (3) ORGANIZATION, CLEBURNE RAILROAD MUSEUM GROUP. Person presenting this item: Aaron Dobson, Director of Parks and Recreation BRIEF: This is to establish that the President of the Cleburne Railroad Museum Group, a local 501(c)(3) non-profit organization,will occupy one of the nine board member positions on the City’s Museum Advisory Board. The City’s Museum Advisory Board discussed this at their meetings on February 20 and March 20 and recommended approval with a vote of 5-1.
OR10-2018- AN ORDINANCE AUTHORIZING RELEASE OF INTEREST AND PORTION OF ADMINISTRATIVE FEES FOR LIENS FILED AGAINST PROPERTY LOCATED AT 505 ERIE ST; AS REQUESTED BY MARTHA MIRANDA. Person presenting this item: Shelly Doty, City Secretary BRIEF: The property located at 505 Erie Street, which consists of two lots previously owned by Amanda Sue Clark, were advertised for the tax auction to be held on Tuesday, October 2. Martha Miranda purchased this property before the sale, assuming responsibility of the property. She is also moving forward with plans to build two brick homes on these lots within the next 90 days, weather permitting. The City holds outstanding mowing and demolition liens on this property as well as mowing costs for this current mowing season. Total amounts held currently are $9,129.14 in mowing/demolition costs and administrative fees, and $3,529.34 in interest for both liens and the current mowing year. Mrs. Miranda is petitioning the Council to forgive the interest and a portion of the administrative fees to assist her in moving forward with this construction project and redevelopment of this area.
OR10-2018- AN ORDINANCE APPROVING PETITION FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 6 ACRES IN THE WILLIAM O’NEAL SURVEY, AS REQUESTED BY JAMES BRENT EASDON. Person presenting this item: Shane Pace, Director of Community Development BRIEF: A petition for voluntary annexation has been filed with the City by the owners of an approximately six-acre tract of land, generally located east of Westlake Drive, and south of US 67, contiguous to the City of Cleburne. The applicant is requesting that the Property be annexed and become part of the City pursuant to Section 43.028 of the Texas Local Government Code. Pursuant to Section 43.063 of the Texas Local Government Code, the City Council is required to hold two public hearings before it may initiate annexation proceedings for the Property. The public hearings will be held on September 11, 2018 and September 18, 2018, with the adoption of the annexation ordinance scheduled for October 9, 2018. The applicant has indicated the intent to sell one acre of the six-acre tract for the development of one single-family residential home on the subject property. The subject property is located within the Sustainable Community district, and single-family residential uses are considered appropriate. The adjacent property to the north is currently developed with singlefamily residential homes, making the proposed land use consistent with the surrounding development patterns. The subject property appears to be adequately served by JCSUD water service.
APPROVE REPLAT OF LOT 1, BLOCK 1, PRESCHER ADDITION I (BEING 0.15 ACRES LOCATED AT 612 N WALNUT ST); AS REQUESTED BY PRESCHER CUSTOM HOMES, LLC. Person presenting this item: Shane Pace, Director of Community Development BRIEF: This is a request to create one residential lot. This plat meets all platting requirements set in the City’s Ordinance with the exception to the waiver being requested of minimum lot area. The subject property is zoned SF-4 (Single-Family Dwelling District) and the Comprehensive Land Use Plan shows this area to be in the City Center North District. The applicant has requested a waiver to the minimum lot area. The subject property is 6,588 square feet in area, and the minimum lot area for the SF-4 (Single-Family Dwelling District) is 7,000 square feet. Therefore, the subject property is 412 square feet below the minimum lot area requirement for the SF-4 District. The subject property is located in an established neighborhood, with existing homes and structures on each adjacent lot. Therefore, the applicant cannot reasonably acquire the additional 412 square feet of area. Section 154.008 Modifications and Waivers – permits the approval of a waiver where “… a distinct and unusual condition that does not prevail on other undeveloped land generally in the city, the Commission may approve a variance from specific standards to permit the equitable treatment of the land or tract in light of the unusual condition.” The Planning and Zoning Commission considered this request at their September 24, 2018 meeting and recommended approval of the plat by a vote of 4-0. ADJOURNMENT