City Council Meeting

City of OS h ua MINUTES CITYCOUNCIL WORKSESSION REGUI.AR SESSION THURSDAY, JUNE 20,2019 6:30 PM City Council Present: Kenny Robinson, Mayor; Rick DePriest, Place 1; Mike Kidd, Place 2; Sharlotta Connally, Place 3; Robert Purdom, Place 4; Jerry Moore, Mayor Pro-Tem; and Scott Kimble, Place 6. City Council Absenl: None City Staff Present: Josh Jones, City Manager; Mike Peacock, Assistant City Manager; Shaun Short, Police Chief; Wayne Baker, Fire Chief; Terry Welch, City Attorney; and Lisa Dawn Cabrera, City Secretary. A. CALLTOORDERANDANNOUNCEAQUORUM PRESENT Mayor Robinson called the meeting to order at 6:30 pm B. INVOCATION Mayor Pro-Tem Moore performed the invocation. C. PLEDGEOFALLEG Councilman Purdom led the pledges of allegiance. D. CANVASSRU FF ELECTION '1 Discuss, consider and take action on ordinance No. 756-2019 being an ordinance of the City Council of the City of Joshua, Texas, canvassing returns and declaring the results of a Run-off Election held on Saturday, June 15, 2019, for the purpose of electing Council Member Place 1 and Council Member Place 3 of the City of Joshua, Texas; making findings providing a severability clause; and providing for an effective date. Mayor Robinson read the results of the election thatwas held on June 15, 2019. councilman Purdom made a motion to approve ordinance No. 756-2019, seconded by Councilman Kidd. Motion passed without objection. E. SWEAR-IN NEWLY ELECTED MEMBERS OF CITY COUNCIL Ms. Cabrera swore in Mayor Robinson, Councilman DePriest, and Councilwoman Nichols and then each person took his/her seat. **Mayor Robinson had been officially sworn in May, but was sworn in at this meeting for ceremony.** F. ELECTAMAYORPRO-TEM Councilman Kimble made a motion to appoint Councilman Jerry Moore as Mayor Pro-Tem, seconded by Councilman Purdom. Motion passed without opposition. G. PROCLAMATIONS & PRESENTATIONS 1. Recognition of Service for Joe Hollarn as Mayor from 2010-2019 2. Recognition of Service for Sharlotta Connally as City Council Place 3 from 2011-2019 3. lntroduction of Police Officers: Nicholas Bright & Twila Bullard 4. lntroduction of Probationary Firefighters Mayor Robinson presented Joe Hollarn and Sharlotta Connally a plaque for each of their service to the City of Joshua. Police Chief Short introduced Officer Bright and Officer Bullard. Fire Chief Baker introduced his new Probationary Firefighters. H. WORKSESSION 1 . Review and discuss new State Legislation. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff concerning State Legislation being the property tax revenue cap, changing the names of the rates, fees not allowed to be charged based on valuation, building material regulations, and open meetings. 2. Review and discuss official newspaper selection. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff concerning newspaper regulations as per the Local Government Code. 3. Review and discuss the status of FY 2015-2019 Strategic Plan including review of policy action items, management action items, and activities last month and continue discussion on update to Strategic Plan. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff regarding the strategic plan update being held off until after the election so that new members would be able to have a say in the plan update.  4. Review and discuss questions related to the budget report and financial statement for May 2019. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff regarding the summary of expenses and revenues and a brief explanation for the new members of the Council of the financial statements. 5. Review and discuss questions and priorities related to the annual budget for FY 2019- 2020. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff concerning the Fire Department Safer Grant, Animal Control building and sign, and marking of streets. 6. Review and discuss issue of possible future adoption of development impact fees, including roadway and storm water drainage- (Staff Resource: J.Jones) A discussion was held among the members of the Council and City Staff concerning impact fees being like park dedication fees, performing a study to be able to charge the fees, strict legislation regarding the spending of the fees, and offsetting development fees. l Update of status of Council request for investigations regarding alleged criminal activity of City Council Members and City Staff. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff concerning the lack of proof or evidence of wrong doing among Council members or Staff in regards to illegal activity. 8. Questions regarding Regular Session agenda items No questions were asked concerning the Regular Session items. L Requests for future reports and agenda items. A request for an Executive Session for next month for evaluation of City Manager and City Secretary was given to Staff- 10. Discuss Johnson County ESD #1 contract for FY 2019-2020. A discussion was held among the members of the Council and City Staff concerning ESD contract regarding the amount of money paid each year versus the service area the Fire Department is required to be responsible for. I. REGULAR SESSION Mayor Robinson opened the Regular Session at 7:57 pm. J. PUBLIC FORUM No one wished to address the members of the City Council K. CONSENTAGENDA 1 . Approval of minutes from the meetings dated May 13,2019 and May 16, 2019. Councilman Kimble made a motion to approve the minutes as presented, seconded by Councilman Kidd. Motion passed without objection. L. TO BOARDS COMMI 1 Discuss, consider and act regarding possible appointments/re-appointment to the Planning and Zorlng Commission, Zoning Board of Adjustment, Type A EDC Board, Type B EDC & Parks Board, Heritage Preservation Committee, Library Board, and the Animal Control Advisory Board. (Staff Resource: L. Cabrera) A discussion was held among the members of the City Council and Mr. Frazier and Ms. Hancock as to the reason they were interested in serving the City and in what capacity. Mayor Pro-Tem Moore made a motion to appoint Mr. Frazier to the Planning & Zoning Commission Place 3, seconded by Councilman Kidd. Motion passed unanimously. Mayor Pro-Tem Moore made a motion to appoint Ms. Hancock to the Zoning Board of Adjustment as an Alternate, seconded by Councilman Kidd. Motion passed with a vote of six (6) to one ('l) with Mayor Robinson abstaining due to Ms. Hancock being his stepdaughter. M. REPORTS & ACTION ITEMS FROM THE PLANNING & ZONING COMMISSION Mayor Robinson opened the Public Hearing at 8:07 pm. Case # PZ 2019-12 to conduct a public hearing to receive citizen's comments regarding a rezoning request of approximately 0.369 acres of land from the Restricted Commercial (C-1)zoning district to the Single Family Residential (R-1)zoning district. The property is commonly known as 207 Veatch Street and is legally known as Lots 11, Block 4 of the Original Town Joshua Addition in the City of Joshua, Johnson County, Texas as requested by Christopher Hargrove. a. Staff Presentation Ms. Cabrera gave the members of the Council a brief description of the zoning change request and presented the recommendation the Planning and Zoning Commission. b. Owner'sPresentation Christopher Hargrove, 318 Comanche Walk, Joshua, TX addressed the members of the Council with a short description of the zoning change.  c. Those in Favor No one wished to speak for the request. d. Those Against No one wished to speak against the request. e. Owner's Rebuttal No rebuttal was given. Mayor Robinson closed the Public Hearing at 8:1 0 pm. 2 Discuss, consider and take action on Ordinance No. 757-2019 being an Ordinance of the City Council of the City of Joshua, Texas, changing the zoning classification at 207 Veatch Street being a 0.369 acre tract of land legally described as Lots 4-10, Block 3 of the Original Town Joshua Addition in the City of Joshua, Johnson County, Texas, from Restricted Commercial (C-1) zoning district to Single Family Residential (R-1) zoning district; making flndings relative thereto; providing a severability clause; providing for publication; providing for a penalty; and providing for an effective date. (Staff Resource: L. Cabrera) Councilman Kimble made a motion to approve Ordinance No. 757-2019, seconded by Councilman Purdom. Motion passed without objection. 3 Discuss, consider and take action on Case # PZ 201 9-13 regarding a Site Plan for property located at 107 N Main Street with the zoning of Restricted Commercial (C-1) within the Heritage Overlay District (H) with the legal description being Lots 5,6, & 7, Block 11 of the Original Town Joshua Addition in the City of Joshua, Johnson County, Texas as requested by Kris Maddux with the l\/addux Group, LLC. (Staff Resource: L. Cabrera) A short discussion was held among the members of the City Council, the applicant, and City Staff concerning the Site Plan being the property being remodeled into 3 suites with 2 being rentable per the allowable uses and one being a restaurant with a patio and the applicant needing to replat the propefties into one. Mayor Pro-Tem Moore made a motion to approve the Site Plan, seconded by Councilman Kimble. Motion passed unanimously. N GENERALACTION ITEMS 1 Discuss, consider and take action to authorize the City Manager to execute an agreement with Mitchell Planning Group, LLC for additional Planning services related to an update/rewrite of the city's Zoning Ordinance. (Staff Resource: J. Jones) A brief discussion was held among the members of the Council and City Staff concerning the current zoning ordinance, issues within the current ordinance with contradictions, multi-month process, public hearing would be required at the P&Z and City Council meetings, and the rewrite would be a complete rewrite. Mayor Pro-Tem Moore made a motion to authorize the City Managerto execute an agreement with Mitchell Planning Group to update/rewrite the city's Zoning Ordinance, seconded by Councilman Kimble. Motion passed without objection. 2. Discuss, consider and take action to terminate the lntedocal Agreement for Lease of a Building between the city and Joshua ISD regarding the McPherson House. (Staff Resource: J. Jones) Councilman Kimble made a motion to terminate the lnterlocal Agreement with JISD for the lease ofthe McPherson House, seconded by Councilman Purdom. Motion passed without opposition. 3. Discuss, consider and take action on Ordinance No. 758-2019 being an Ordinance of the City Council of the City of Joshua, Texas, amending Appendix A, "Fee Sch-edule" of the Joshua Code of Ordinances updating certain fees in Article A2.000, "Building and Construction Fees"; amending Appendix A, "Fee Schedule" of the Joshua Code of Ordinances by updating certain fees in Article A4.000 "Miscellaneous Permits and Fees"; amending Appendix A, "Fee Schedule" of the Joshua Code of Ordinances updating certain fees in Article A5.000, "Land Use / Development Fees"; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing a savings clause; providing for publication in the official newspaper; and providing an effective date. (Staff Resource: L. Cabrera) A brief discussion was held among the members of the Council and City Staff concerning the current fee schedule, this new schedule being required because of state legislation, based on square footage rather than valuation, and state allowed fees for administrative costs for open records requests. councilman Kidd made a motion to approve ordinance No. 758-2019, seconded by Councilman DePriest. Motion passed without opposition. an Ordinance ofthe 4. Discuss, consider and take action on Ordinance No. 759-2019 being (e), city council of the city of Joshua, Texas, amending subsection "Protected Use Seiback from Wells," of Section 4.06.010, "Technical Regulations," of Article 4.06, "Gas Wells," of Chapter 4, "Business Regulations," of the Code of Ordinances; making findings; providing that this ordinance shall be cumulative of all ordinances; providing a seueribility clauJe; providing a savings clause; providing a penalty; providing for publication in the official newspaper; and providing an effective date. A brief discussion was held among the members of the Council and City Staff concerning the current gas well waiver procedurel and the expiration afler 12 months if a building permit is  not obtained and property still in platting phase would not be able to meet this requirement, but would be able to start infrastructure. Councilman Kimble made a motion to approve Ordinance No. 759-2019, seconded by Mayor Pro-Tem Moore. Motion passed unanimously O. FYI ITEMS 1. Calendars (July - August 2019) 2. Monthly Reports a. Police Department b. Animal Control c. Fire Department d. Municipal Court e. Public Works Department . Parks Department f g. Planning Department h. Buildinglnspections/Permits i. New Business Report j. City Secretary k. Outstanding Liens No action was taken on the FYI ltems. P. ADJOURNMENT Mayor Robinson adjourned the meeting at 8:43 pm t Kenny Robinson, Mayor C Secretary