Items I - III

I. ROLL CALL AND CALL TO ORDER BY MAYOR

City Council:
Scott Cain, Mayor
Derek Weathers, 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 Dr Ron Shultz, Bethel Temple Assembly of God

III. PLEDGE OF ALLEGIANCE

Item V

COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS &
PRESENTATIONS

CMP1. COVID-19 Vaccination Update – Scott Lail, Fire Chief

Consent Items

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.

MN1. CONSIDER MINUTES FOR THE DECEMBER 8, 2020 REGULAR COUNCIL
MEETING.

RS1. CONSIDER A RESOLUTION CONSENTING TO THE EXTENSION OF THE
DECLARATION OF LOCAL DISASTER UNTIL JANUARY 26, 2021.

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
January 26, 2021 at 11:59 p.m. central standard time.

RS2. CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH
NOUVEAU CONSTRUCTION AND TECHNOLOGY SERVICES, LP TO
REPLACE OVERHEAD DOORS AT THREE FIRE STATIONS FOR AN
AMOUNT NOT TO EXCEED $76,250.00.

Presented by: Scott Lail, Fire Chief
SUMMARY: Sealed bids were solicited for the replacement of (9) nine overhead doors at Fire
Stations #1, #2, and #3 (rear doors only). Bids were received from three (3) vendors and are
depicted in the backup. The lowest, most responsible bid was Nouveau Construction and
Technology Services, LP in the amount of $76,250.00.

RS3. CONSIDER A RESOLUTION AUTHORIZING A 380 ECONOMIC
DEVELOPMENT AGREEMENT WITH BURKETT PROPERTIES FOR
FAÇADE IMPROVMENTS TO PROPERTY LOCATED AT 209 EAST
HENDERSON STREET FOR AN AMOUNT NOT TO EXCEED $5,000.

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 209 East Henderson Street. Repairs and upgrades include
removal of exterior stucco, either re-facing or point & tuck the brick exterior façade, repair the
existing awning, installation of electric for 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 A 380 ECONOMIC
DEVELOPMENT AGREEMENT WITH BURKETT PROPERTIES FOR
FAÇADE IMPROVMENTS TO PROPERTY LOCATED AT 211 EAST
HENDERSON STREET FOR AN AMOUNT NOT TO EXCEED $5,000.

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 211 East Henderson Street. Repairs and upgrades include
removal of exterior stucco, either re-facing or point & tuck the brick exterior façade, repair the
existing awning, installation of electric for 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.

RS6. CONSIDER A RESOLUTION AUTHORIZING A 380 ECONOMIC
DEVELOPMENT AGREEMENT WITH LAW OFFICE OF ROBERT WARD
FOR FAÇADE IMPROVMENTS TO PROPERTY LOCATED AT 103 WEST
HENDERSON STREET FOR AN AMOUNT NOT TO EXCEED $5,000.

Presented by: Grady Easdon, Economic Development Manager
SUMMARY: Robert Ward 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 103 West Henderson Street. Repairs and upgrades include
installation of a new thermal bronze storefront consisting of new entry doors and installation of
new windows. 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 $10,304.33; therefore $5,000.00 would be the maximum match
by the City.

RS7. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT WITH
PUBLIC MANAGEMENT, INC FOR ADMINISTRATIVE SERVICES
ASSOCIATED WITH THE APPLICATION AND MANAGEMENT OF A
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT.

Presented by: Jeremy Hutt, Director of Public Works
SUMMARY: A Texas Community Block Development Grant opportunity is available this
Spring through the Texas Department of Agriculture. The grant award maximum is $350,000,
with a 20% City match requirement. The funds may be used for various infrastructure
improvements including water, sewer, drainage or roadway improvements. The first step in
applying for the grant is solicitation for administrative/planning services of a company from the
approved vendor list for grant administrative services.
Staff issued the required Request for Proposal to three (3) firms from the list, and
received two (2) proposals by the December 30th deadline. The proposals were evaluated by a
three-member selection team, as required. Based on this evaluation, contract award is
recommended to Public Management, Inc. of Granbury, Texas.
The consultant, Public Management, Inc., will assist the City in making application,
providing help with the required public meetings, project selection, project maps, environmental
compliance documents, and project review auditing. There is no fee charged for preparing the
application. If the grant is awarded, the consultant will oversee the administrative requirements
of the grant related to schedule, record keeping, financial management, labor standards
monitoring, construction management and more. The charge for these services is a not-to-exceed
fee based on the award amount. Since the maximum grant award is $350,000, the maximum
base fee for this contract will be $35,000. If grant award is less than $350,000, the contract
amount will be reduced based on the fee schedule provided in page 6 of the attached Contract.
A project has not yet been selected for the grant request. Block Grant requirements must
be based on and benefit the specific block area they serve. Staff will work with the consultant to
find a project that will best meet the application requirements.
A public hearing is required to take public input on the City’s intent to apply for this
funding. That hearing has been scheduled to begin at 5:05 p.m. this Thursday, January 14th, in
Council Chambers. The public is welcome to attend and provide any feedback or ask questions
regarding the funding opportunity.

OC1. CONSIDER ACCOUNTS PAYABLE FOR THE MONTH OF NOVEMBER 2020.
Presented by: Marcie Freelen, Acting Director of Finance

Item RS5

CONSIDER A RESOLUTION AUTHORIZING A 380 ECONOMIC
DEVELOPMENT AGREEMENT WITH NATHAN MAYFIELD CO, INC DBA
DAIRY QUEEN FOR FAÇADE IMPROVMENTS TO PROPERTY LOCATED
AT 901 WEST HENDERSON STREET FOR AN AMOUNT NOT TO EXCEED
$685.

Presented by: Grady Easdon, Economic Development Manager
SUMMARY: Nathan Mayfield has submitted an application under the terms of the City’s
Façade Improvement program seeking funding for parking lot enhancements to his property
located at 901 West Henderson Street, known as Dairy Queen. Upgrades include installation of
parking stops for the 20 parking spaces that face Holloway Street as a deterrent to drivers
attempting to cross the Dairy Queen parking lot to reach the recently opened Chick-Fil-A
restaurant. 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 $1,368.78, allowing for a reimbursement of $685.00.

Item RS8

CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
REMINGTON RIDGE PHASE IV, BEING ±27.081 ACRES, GENERALLY
LOCATED WEST OF NORTH NOLAN RIVER ROAD AND ON THE
SOUTHWEST SIDE OF WOODARD AVENUE; AS REQUESTED BY FV
DEVELOPMENT II, LLC, REPRESENTED BY BANNISTER ENGINEERING,
LLC, CASE PC20-047.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant is requesting approval of the preliminary plat for Remington Ridge
Phase IV, a proposed residential subdivision comprised of 126 single-family residential lots and
two (2) open space lots. The preliminary plat meets all of the minimum requirements as outlined
in PD OR07-2020-40 and Chapter 154 of the Code of Ordinances.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended approval with a vote of 6-0.

Item RS9

CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF HIDDEN
VILLAGE, BEING ±12.953 ACRES, LOCATED AT 1401 NORTH MAIN
STREET; AS REQUESTED BY MORROW DEVELOPMENT, LLC,
REPRESENTED BY BANNISTER ENGINEERING, LLC, CASE PC20-048.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant is requesting approval of the final plat for Hidden Village, a
proposed residential subdivision comprised of 75 single-family residential lots. The final plat
meets all of the minimum requirements as outlined in PD OR10-2019-66 and Chapter 154 of the
Code of Ordinances.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended approval with a vote of 6-0.

Item RS10

CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
TRAIL CREEK ADDITION, BEING ±38.376 ACRES, GENERALLY LOCATED
NORTH OF MANN COURT, SOUTH OF MIMOSA STREET AND WEST OF
GRAND AVENUE; AS REQUESTED BY XR DEVELOPMENT, LLC,
REPRESENTED BY TRANS TEXAS SURVEYING, CASE PC20-049.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant is requesting approval of the preliminary plat for Trail Creek
Addition, a proposed residential subdivision comprised of 140 single-family detached lots, 22
single-family attached lots and a 7.063-acre tract (Lot 1, Block 9) to be dedicated to the City of
Cleburne as a future public park. The preliminary plat meets all of the minimum requirements as
outlined in PD OR08-2020-45 and Chapter 154 of the Code of Ordinances.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended approval with a vote of 6-0.

Item RS11

CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1,
BLOCK 1R OF CLEBURNE STATION, BEING ±1.152 ACRES, LOCATED AT
THE NORTHEAST CORNER OF NORTH NOLAN RIVER ROAD AND
CLEBURNE STATION PARKWAY; AS REQUESTED BY CLEBURNE
STATION INVESTMENTS, LP, REPRESENTED BY CLAYMOORE
ENGINEERING, CASE PC20-050.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant is requesting approval of the final plat for Lot 1, Block 1R, of
Cleburne Station, for a proposed convenience store with gasoline sales.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended conditional approval with a vote of 6-0 with the following
condition:

1. Prior to filing the plat for recordation at the Johnson County Clerk’s office,
include the county filing information on the face of the plat for all easements
dedicated via separate instrument.
Following the 12/14 Planning and Zoning Commission meeting, the applicant has
submitted a revised plat exhibit meeting the condition as outlined above. The revised plat exhibit
is included in the attachments for this agenda item. As such, this plat now meets all of the
requirements as outlined in Chapter 154 of the Code of Ordinances.

Item RS12

CONSIDER A RESOLUTION APPROVING THE MINOR REPLAT OF LOTS 6R
– 9R, BLOCK 11 OF MORGAN’S ADDITION, BEING ±0.585 ACRES, LOCATED
AT 1300 - 1312 NORTH BRAZOS AVENUE; AS REQUESTED BY AMERITEX
HOMES, LLC, REPRESENTED BY DANIEL ZARATE, CASE PC20-051.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant is requesting approval of the minor replat of Lots 6R – 9R, Block 11
of Morgan’s Addition for future residential development of four (4) lots. Approval authority for
minor replats is given to staff, however, given that the applicant requested and received variances
from the Zoning Board of Adjustment, the minor replat is required to be approved by the
Planning and Zoning Commission and City Council. The minor replat meets all of the minimum
requirements as outlined in Chapter 154 of the Code of Ordinances.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended approval with a vote of 6-0.

Item OR1

*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±0.92
ACRES FROM M2 (HEAVY INDUSTRIAL DISTRICT) TO MF (MULTIPLEFAMILY
HOUSING DISTRICT), LOCATED AT 2221 PIPELINE ROAD, AS
REQUESTED BY TYLER BATES, CASE ZC20-026.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant has requested to rezone approximately 0.92 acres from M2 (Heavy
Industrial District) to MF (Multiple-Family Housing District) located at 2221 Pipeline Road. The
applicant has indicated their intent to construct a multi-family development on the subject
property.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended denial by a vote of 6-0. The recommendation of denial requires
a supermajority vote for approval by City Council.

Item OR2

*PUBLIC HEARING* CONSIDER AN ORDINANCE REZONING ±0.47
ACRES FROM M1 (LIGHT INDUSTRIAL DISTRICT) TO D (DUPLEX OR
TWO-FAMILY DWELLING DISTRICT), LOCATED AT 706 AND 708 SOUTH
BRAZOS AVENUE; AS REQUESTED BY Y & M INVESTMENTS, LLC,
REPRESENTED BY MARTHA MIRANDA, CASE ZC20-027.

Presented by: Shane Pace, Executive Director of Development Services
SUMMARY: The applicant has requested to rezone approximately 0.47 acres from M1 (Light
Industrial District) to D (Duplex or Two-Family Dwelling District) located at 706 and 708 South
Brazos Avenue. The applicant has indicated their intent to build a duplex on each lot.
The Planning and Zoning Commission considered this request at their December 14,
2020 meeting and recommended approval by a vote of 6-0.

Item OR3

CONSIDER AN ORDINANCE AMENDING TITLE XV: LAND USAGE,
CHAPTER 157: MANAGEMENT OF THE RIGHT-OF-WAY, OF THE CODE OF
ORDINANCES, CREATING A NEW SECTION 157.17: RIGHT-OF-WAY AND
EASEMENT ABANDONMENT.

Presented by: Jeremy Hutt, Director of Public Works
SUMMARY: There is not currently a section in the Code of Ordinances regarding abandonment
of City easements, alleys, and rights-of-way. Proposed Section 157.17 will establish a guideline
and process to follow when the City receives a request to abandon easements, alleys or rights-ofway.

Item OC2

PRESENTATION AND UPDATE ON THE WASTEWATER TREATMENT
PLANT EXPANSION PROJECT AND REUSE PIPELINE PROJECTS.

Presented by: Jeremy Hutt, Director of Public Works

Item OC3

DISCUSS AND RECEIVE LEGAL OPINION CONCERNING THE DISPLAY OF
PROFANITY ON FLAGS OR SIGNAGE.

Presented by: Ashley Dierker, City Attorney

Executive Session

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 The City Council will convene into executive
session to receive legal advice from the City Attorney on the following matters in which the duty
of the City Attorney to the City's governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code:

EXE1. Cause no. DC-C201900937; RT General, LLC v. City of Cleburne / Case No. 10-
20-0037-CV; City of Cleburne v. RT General, LLC – Steve Polasek, City
Manager

EXE2. Legal advice regarding Developer Participation Agreement with Cleburne OZF,
LLC related to the development of the Live Oaks Apartments – Jeremy Hutt,
Director of Public Works

Reconvene into open session for possible action resulting from any items posted and legally
discussed in Executive Session.

Item OR4

CONSIDER AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR
FISCAL YEAR 2021 (#4) BY APPROPRIATING FUNDS FOR POSSIBLE
ACTION RESULTING FROM DISCUSSION IN EXECUTIVE SESSION.

Presented by: Marcie Freelen, Acting Director of Finance

ADJOURNMENT