REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS MAY 22, 2017 7:00 PM MINUTES Identification of a quorum. Present: Councilmember Moon Councilmember Shelby Councilmember Rushing Councilmember Adams Councilmember Hill Mayor Gorwood (Place 4-Vacant) A quorum was present and Mayor Gorwood called the meeting to order at 7:00PM. Staff: Mark Morris, Assistant to the City Manager Cindy Gross, City Secretary Jon Haber, Police Chief Randy Smith, Fire Chief David Haas, Inspector Zac Evans, City Attorney Invocation was given by Pastor Bryan Chance, Bible Way Tabernacle Church. Pledge to the US Flag and the Texas Flag was led by former City Councilmember Cindy Schneider. City Secretary: May 29th - City Offices will be closed for Memorial Day. June 15th - Public Meeting by STAR Transit regarding East-West Route in Balch Springs at 6pm at the Balch Springs Civic Center, 12400 Elam Road. July 1st - 4th of July Celebration at the Balch Springs Recreation Center, 4372 Shepherd Ln, 5:00pm -9:30pm. Presentation(s): Presentation by the Balch Springs City Council to John Ralston, Jean Turnipseed, Robert Miskell, Billie Gorwood and Jimmy Newby for their dedication to the City of Balch Springs. Mayor Gorwood and City Council presented plaques to John Ralston, Jean Turnipseed, Robert Miskell and Billie Gorwood for their dedication to the City of Balch Springs. 1
Citizen Comments. Speaker: Howard Williamson, 11608 Old Elam Rd., Balch Springs, TX 75180 Subject: Spoke to City Council regarding liars, lawyers and working individuals. Mayor Gorwood closed citizen s comments. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. April 17, 2017 - Workshop Meeting 2. April 24, 2017 - Regular Meeting B. Approval to amend the garage sale permit fee in the Master Fee Schedule. Councilmember Moon moved to approve the consent agenda. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion passed. (5-0) REPORTS/UPDATES: 1. Report of the Mayor Marshall, City Councilmember's, City Manager, Police Chief, Fire Chief, and City Secretary regarding any significant event that has occurred since the last regular Council meeting. Councilmember Adams held a discussion regarding an article in the Dallas Morning News regarding the unfortunate incident of Jordan Edwards. Councilmember Adams stated that the entire City Council is saddened by this incident, and that she supports the Balch Springs Police Department. Councilmember Adams also stated that it may appear that the City Council is being insensitive, but at this time the City Council has been advised not to discuss this incident. Councilmember Adams asks for prayers for our community as we go forward. INDIVIDUAL ITEMS: 1. Consideration and action regarding the appointment of Mayor Pro-Tem. Councilmember Rushing moved to nominate Councilmember Shelby as the Mayor Pro Tem. Councilmember Moon seconds the motion. Councilmember Hill moved to amend the motion to nominate Councilmember Adams as Mayor Pro Tem. Councilmember Shelby seconds the motion. Voting for this motion were Councilmember Shelby, Councilmember Adams and Councilmember Hill. Voting in opposition was Councilmember Moon and Councilmember Rushing. Motion passed. (3-2) Mayor Gorwood stated that the City Council would convene into executive session regarding item "B" at 7:25pm, pursuant section 551.071 (Advice of Attorney) with regard to a matter that is the duty of the attorney to consult with Council and falls under the attorney-client privilege or 2
with regard to a matter that involves litigation or contemplated litigation or claims, of the Texas Government Code: B. Discussion of pending or contemplated litigation related to Edwards et al vs Oliver and the City of Balch Springs Council reconvenes into open session at 7:50pm, no action taken on matters discussed in executive session. Mayor Gorwood stated that there was a request to move agenda item #8 up, there were no objections from the City Council. 8. Discussion and action on filling the vacancy in District 4 by appointment to serve until the next municipal election. Councilmember Rushing moved to appoint Kishor Patel to fill the vacancy of District 4 until the next municipal election. Mayor Pro Tem Adams seconds the motion. Councilmember Hill moved to amend Councilmember Rushing' motion to appoint Kishor Patel once he returns in August. Mayor Pro Tem Adams seconds the motion. Voting for the amend motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) Voting on the main motion by Councilmember Rushing to appoint Kishor Patel to fill the vacancy of District 4 until the next municipal election. Mayor Pro Tem Adams seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) 2. A. Briefing by city staff regarding the Juvenile Curfew Ordinance. Police Chief Haber stated by the City is required to hold a public hearing and that the City Council reaffirms the Juvenile Curfew Ordinance every three (3) years according to the Texas Government Code. B. Conduct a Public Hearing regarding the Juvenile Curfew Ordinance. Mayor Gorwood Opened the Public Hearing at 8:04PM. No one spoke in favor or opposition regarding the Juvenile Curfew Ordinance. Mayor Gorwood Closed the Public Hearing at 8:05PM C. Consideration and action regarding approval to abolish, continue or modify the Juvenile Curfew Ordinance. Councilmember Moon moved to continue with the Juvenile Curfew Ordinance. Councilmember Shelby seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) 3
3. A. Briefing by city staff regarding a Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. Mark Horak, Development Review Coordinator, briefed the City Council regarding Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. B. Conduct a Public Hearing on a Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. Mayor Gorwood Opened the Public Hearing at 8:10PM. Chad Stewart, 550 Bailey Ave., Suite 400, Fort Worth, Tx. 76107 Mr. Stewart spoke in favor of the Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. Howard Williamson, 11608 Old Elam Rd., Balch Springs, TX 75180 Mr. Williamson spoke to City Council regarding detention ponds and zoning. Ron Pegram, 4317 Shepherd Ln., Balch Springs, Tx. 75180 Mr. Pegram spoke in opposition of the Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. Chad Stewart, 550 Bailey Ave., Suite 400, Fort Worth, Tx. 76107 Mr. Stewart stated the proposed property has met all the city regulations and engineering requirements regarding drainage on this the property. Howard Williamson, 11608 Old Elam Rd., Balch Springs, TX 75180 Mr. Williamson spoke to City Council regarding zoning and flooding. Brenda Bowen, 4702 Ambassador Way, Balch Springs, Tx. 75180 Ms. Bowen spoke in favor of the Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. Mayor Gorwood Closed the Public Hearing at 8:17PM C. Consideration and action regarding approval of a Replat Application 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. 4
Councilmember Rushing moved to approve the Replat Application No. 004-2016, Lonnie & Brenda Bowen c/o LDG Development LLC, to replat properties located at 4500 and 4520 Ambassador Way (fmr. 4702 Ambassador Way) to allow mixed use development including multifamily and retail. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Voting in opposition was Councilmember Shelby. Motion passed. (4-1) 4. Consideration and action regarding approval of a resolution approving a change in the rates of Atmos Energy Corporation, Mid-Tex Division ("ATMOS") as a result of a settlement between Atmos and the Atmos Texas Municipalities ("ATM") under the rate review mechanism. Mayor Pro Tem Adams moved to approve a resolution approving a change in the rates of Atmos Energy Corporation, Mid-Tex Division ("ATMOS") as a result of a settlement between Atmos and the Atmos Texas Municipalities ("ATM") under the rate review mechanism. (Res. 814-17). Councilmember Shelby seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) 5. Consideration and action regarding approval to appoint members for the Meet and Confer for the contract negotiations between the Balch Springs Firefighter Association and the City. Councilmember Hill moved to appoint Councilmember Rushing, Mayor Pro Tem Adams and Mayor Gorwood for the Meet and Confer for the contract negotiations between the Balch Springs Firefighter Association and the City. Councilmember Moon seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) 6. Consideration and action regarding approval of two (2) courtesy emergency notifications signs in the median for CareFlite. Councilmember Rushing moved to approve two (2) courtesy emergency notifications signs in the median for CareFlite. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) 7. Consideration and action regarding the removal of Jadira Sustaita and Maricio Parades from the Flood and Drainage Committee for unexcused absences pursuant to Section 2-184(c)(4) of the Code of Ordinance. Councilmember Moon moved to remove Jadira Sustaita and Maricio Parades from the Flood and Drainage Committee for unexcused absences pursuant to Section 2-184(c)(4) of the Code of Ordinance. Mayor Pro Tem Adams seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (5-0) 5
Council recessed at 8:33PM NOTICE OF EXECUTIVE SESSION 9. Council to hold Executive Session under Sections 551.071 (Advice of Attorney) and 551.074 (Personnel) with regard to a matter that is the duty of the attorney to consult with Council and falls under the attorney-client privilege or with regard to a matter that involves litigation or contemplated litigation or claims, of the Texas Government Code: Council convened into closed at 8:41PM A. Discussion regarding appointment, employment, evaluation, reassignment and duties of the Police Chief, Fire Chief and City Secretary. 10. Take action, if any, on matters discussed in Executive Session. Council reconvened into open session at 9:09PM No action taken on matters discussed in Executive Session 9A. 11. Announcements, requests for information, and/or new business to be placed on future agendas. None at this time 12. Closing prayer. Mayor Pro Tem Adams gave the closing prayer. 13. Adjourn. Mayor Gorwood adjourned the council meeting at 9:10PM. PASSED AND APPROVED AT A REGULAR MEETING HELD ON JUNE 12, 2017. Mayor City Secretary 6