City Council Meeting

MINUTES CITY COUNCIL WORK SESSION REGULAR SESSION THURSDAY, SEPEMBER 19, 2019 6:30 PM City Council Present: Jerry Moore, Mayor Pro-Tem; Rick DePriest, Place 1; Mike Kidd, Place 2; Angela Nichols, Place 3; Robert Purdom, Place 4; and Scott Kimble, Place 6. City Council Absent: None City Staff Present: Josh Jones, City Manager; Mike Peacock, Assistant City Manager; Shaun Short, Police Chief; Terry Welch, City Attorney; and Lisa Dawn Cabrera, City Secretary. A. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT Mayor Pro-Tem Moore called the meeting to order at 6:30 pm. B. INVOCATION Councilman Kimble gave the invocation. C. PLEDGE OF ALLEGIANCE The Pledges of Allegiance were led by Councilman Purdom. D. WORK SESSION 1. Review and discuss proposed FY 2019-2020 Budget. A discussion was held among the members of the Council and City Staff concerning the rollback tax rate, additional revenue possible, sales tax revenue over budget, conservative budgeting, commercial growth helping lower the tax burden on citizens, and home values increasing. 2. Review and discuss questions related to the budget report and financial statement for August 2019. (Staff Resource: J. Jones) A discussion was held among the members of the Council and City Staff regarding the amended budget, trash collections, departments being under budget, CIP being a plan and not a budget, and debt service for Fire Station.  3. Questions regarding Regular Session agenda items. No questions were posed concerning Regular Session agenda items. 4. Requests for future reports and agenda items. A question was posed regarding the issues with the email system. E. REGULAR SESSION Mayor Pro-Tem Moore called the Regular Session to order at 6:49 pm. F. PUBLIC FORUM Mayor Pro-Tem Moore presented the Constitution Week Proclamation. Police Chief Short introduced a new Police Officer. Jack Beavers, 3004 Robinwood, Joshua, TX addressed the members of the Council against the tax rate. No one else wished to speak. G. CONSENT AGENDA 1. Approval of minutes from the meetings dated August 13, 2019, August 29, 2019 and September 6, 2019. Councilman Kimble made a motion to approve the minutes as presented, seconded by Councilman Purdom. Motion passed without objection. H. APPOINTMENT TO BOARDS, COMMISSIONS, AND COMMITTEES 1. Discuss, consider and act regarding possible appointments/re-appointments to the Planning & Zoning 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 brief discussion was held concerning the positions available and the persons applying for the positions. Councilman Purdom made a motion to appoint John Mauldin to the Planning and Zoning Commission Place 1 and Sandra Runnels to the Animal Control Advisory Board as the Animal Welfare Organization Representative, seconded by Councilman Kidd. Motion passed without opposition. I. BUDGET PUBLIC HEARINGS Mayor Pro-Tem Moore opened the Public Hearing at 7:01 pm. 1. Conduct a public hearing to receive citizen’s comments regarding the proposed Ad Valorem Tax Rate of $0.775270 for the Fiscal Year 2019-2020. No one wished to speak. Mayor Pro-Tem Moore closed the Public Hearing at 7:02 pm. Mayor Pro-Tem Moore opened the Public Hearing at 7:02 pm. 2. Conduct a public hearing to receive citizen’s comments regard the proposed budget for the Fiscal Year 2019-2020. No one wished to speak. Mayor Pro-Tem Moore closed the Public Hearing at 7:02 pm. J. REPORTS & ACTION ITEMS FROM THE PLANNING & ZONING COMMISSION 1. Discuss, consider and take action on Case # PZ 2019-06 being a Preliminary Plat of approximately 80.287 acres of land out of the McKinney & Williams Survey, Abstract 636 and the W H Miller Survey, Abstract 603 being Lots 1-30, Block 1; Lot 1, Block 2; Lots 1- 9, Block 3; Lots 1-30, Block 4; and Lots 1-12, Block 5 of the Joshua Meadows Addition, Phase 3B & 3C in the City of Joshua, Johnson County, Texas as requested by Joshua Development Company, Ltd. The Planning & Zoning Commission meeting that was to hear this case was cancelled and therefore this case had not been heard by the Commission, so no action was taken on this item. 2. Discuss, consider and take action on Case # PZ 2019-11 being a Re-Plat of approximately 12.323 acres of land. The current legal description being Lots 13 and 14, Block 13 of the Original Town Joshua Addition; Lots 13 and 14, Block 14 of the Original Town Joshua Addition; Portions of First Street, Third Street and Fifth Street ROW Abandonments; and Tract 3 of the W W Byers Survey, Abstract 29 in the City of Joshua, Johnson County, Texas. The proposed legal description is to be Lots 1 through 6, Block 13R of the Original Town Joshua Addition in the City of Joshua, Johnson County, Texas as requested by Larry Maddux. Glen Walden, 201 Trailwood, Joshua, TX addressed the members of the Council concerning the Re-Plat. A discussion was held among the Council and City Staff concerning the Re-Plat regarding the required sidewalks, shared drive approaches, collector streets, and traffic designations based on TxDOT regulations.  Councilman Kidd made a motion to approve the Re-Plat with the conditions that the 5 th Street is changed to 6th Street on the plat notes on the 2nd page of the plat and the applicant provides an approval letter from JCSUD, seconded by Councilman Purdom. Motion passed unanimously. Mayor Pro-Tem Moore opened the Public Hearing at 7:17 pm. 3. Case # PZ 2019-23 to conduct a public hearing to receive citizen’s comments regarding a zoning change request for approximately 29.73 acre tract of land from the Agricultural (A) zoning district to the Single Family Residential (R-1) zoning district. The property is on County Road 1023 with the legal description being Tract 8 and 8A of the G Cassaland Survey, Abstract 173 and Tract 57E of the D Nuner Survey, Abstract 643 in the City of Joshua, Johnson County, Texas as requested by Topographic Land Surveyors. 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’s Presentation Erik Dumas, 1400 Everman Parkway, Ft. Worth, TX addressed the members of the Council with a short description of the zoning change request. c. Those in Favor No one wished to speak in favor of the request. d. Those Against Randy Hutchins, 5941 CR 1023, Joshua, TX addressed the members of the Council against the zoning change concerning drainage and traffic issues. No one else wished to speak against the request. e. Owner’s Rebuttal Mr. Dumas presented the members of the Council with a rebuttal concerning the issues. Mayor Pro-Tem Moore closed the Public Hearing at 7:24 pm. 4. Discuss, consider and take action on Ordinance No. 766-2019 being an Ordinance of the City Council of the City of Joshua, Texas, changing the zoning classification on a 27.73 acre tract of land more particularly described as Tracts 8 and 8A of the G Cassaland Survey, Abstract 173 and Tract 57E of the D Nuner Survey, Abstract 643 in the City of Joshua, Johnson County, Texas, from Agricultural (A) zoning district to Single Family Residential (R-1) zoning district; making findings relative thereto; providing a severability clause; providing for publication; providing for a penalty; and providing for an effective date.  A discussion was held among the members of the Council and City Staff concerning flooding during heavy rains, the development process and the city’s responsibilities, and detention requirements. Councilman Kimble made a motion to approve Ordinance No. 766-2019, seconded by Councilman DePriest. Motion passed without objection. Mayor Pro-Tem Moore opened the Public Hearing at 7:35 pm. 5. Case # PZ 2019-24 to conduct a public hearing to receive citizen’s comments regarding a zoning change request for a 1.99 acre tract of land from the Agricultural (A) zoning district to the Single Family Residential – Large Lot (R-1L) zoning district. The property is commonly known as 126 County Road 800A with the legal description being Tract 30 of the J H Cooper Survey, Abstract 145 in the City of Joshua, Johnson County, Texas as requested by Arthur Byron Blue IV. 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’s Presentation No owner’s presentation was given. c. Those in Favor No one wished to speak in favor of the request. d. Those Against No one wished to speak against the request. e. Owner’s Rebuttal No owner’s rebuttal was given. Mayor Pro-Tem Moore closed the Public Hearing at 7:37 pm. 6. Discuss, consider and take action on Ordinance No. 767-2019 being an Ordinance of the City Council of the City of Joshua, Texas, changing the zoning classification at 126 County Road 800A being a 1.99 acre tract of land more particularly described as Tract 30 of the J H Cooper Survey, Abstract 145 in the City of Joshua, Johnson County, Texas, from Agricultural (A) zoning district to Single Family Residential-Large Lot (R-1L) zoning district; making findings relative thereto; providing a severability clause; providing for publication; providing for a penalty; and providing for an effective date. Councilman Kidd made a motion to approve Ordinance No. 767-2019, seconded by Councilman Purdom.  Motion passed without objection. K. GENERAL ACTION ITEMS 1. Discuss, consider and take action on Resolution No. 2019-03 being a Resolution of the City Council of the City of Joshua, Texas, to establish rules for addressing the governmental body during a meeting of said body; making findings; and providing an effective date. (Staff Resource: L. Cabrera) A brief discussion was held concerning the new legislation concerning speaking at meetings and setting rules for allowing speaking at public meetings. Councilman Kidd made a motion to approve Resolution No. 2019-03, seconded by Councilwoman Nichols. Motion passed without opposition. 2. Discuss, consider and take action on an Interlocal Agreement with Johnson County for Dispatching Services for Budget Year 2019-2020. (Staff Resource: S. Short) A short discussion was held concerning the Interlocal agreement regarding this being the 2 nd year for dispatching fees, the service is to remain the same, and tracking the calls for assistance to County properties. Councilman Kimble made a motion to approve the Interlocal Agreement and authorizing Chief Short to sign the agreement, seconded by Councilman Purdom. Motion passed without objection. 3. Discuss, consider and take action on a Memorandum of Understanding between the City of Joshua Police Department and Joshua Independent School District Police Department for Police Service to Joshua ISD to clarify jurisdiction, define parameters and areas of responsibilities, and to establish a spirit of cooperation to enhance the services that both agencies provide. (Staff Resource: S. Short) Terry Forsyth, 8328 CR 1014, Joshua, TX addressed the members of Council concerning the Joshua ISD Police Department and school zones. Glen Walden, 201 Trailwood, Joshua, TX addressed the members of the Council concerning the agreement. A lengthy discussion was held among the members of the Council, City Staff and citizens concerning the traffic enforcement of the schools zones, Use of Force Policy, traffic issues with school buses, ISD properties in the City of Burleson, and the City’s liability with this agreement. Councilman Kidd made a motion to approve the Memorandum of Understanding and authorizing Chief Short to sign the agreement, seconded by Councilman Kimble.  Motion passed unanimously. 4. Discuss, consider and take action to authorize the city manager and SAMCO, the City’s Financial Advisor, to proceed with the issuance of General Obligation Refunding Bonds, Series 2019 for debt service savings so long as certain savings thresholds are met. (Staff Resource: J. Jones) A short discussion was held among the members of the Council and City Staff regarding the bonds and the savings to the City. Councilman Kimble made a motion to authorize the City Manager and SAMCO to proceed with the issuance of the General Obligation Refunding Bonds, Series 2019, seconded by Councilman Kidd. Motion passed without objection. 5. Discuss, consider and take action regarding the Voting Machine Lease Agreement between Johnson County and City of Joshua for the November Special Election. (Staff Resource: L. Cabrera) Councilman Purdom made a motion to approve the Voting Machine Lease Agreement, seconded by Councilwoman Nichols. Motion passed without opposition. 6. Discuss, consider and take action regarding an Amendment to Communications System Agreement between Johnson County and City of Joshua pertaining to radio subscriber fee. A discussion was held among the members of the Council and City Staff regarding the increase of fees by 12%. Councilwoman Nichols made a motion to approve the Amendment to Communications System Agreement, seconded by Councilman Kimble. Motion passed without objection. L. FYI ITEMS 1. Calendars (October – November 2019) 2. Monthly Reports a. Police Department b. Animal Control c. Fire Department d. Municipal Court e. Public Works Department f. Parks Department g. Planning Department h. Building Inspections/Permits  i. New Business Report j. Code Compliance k. City Secretary l. Outstanding Liens A discussion was held concerning the staffing at the Joshua Public Library and increasing funding, direction on credit card user fees, and public recognition for Police Officers. M. ADJOURNMENT Mayor Pro-Tem Moore adjourned the meeting at 8:22 pm. ____________________________ Jerry Moore, Mayor Pro-Tem ATTEST: _____________________________ Lisa Dawn Cabrera, TRMC City Secretary