City Council
Regular MeetingBalch Springs, TX · September 28, 2015
Minutes
REGULAR CITY COUNCIL MEETING
CITY OF BALCH SPRINGS
SEPTEMBER 28, 2015
7:00 PM
MINUTES
Identification of a quorum.
Present: Councilmember Taylor
Mayor Pro Tem Burnett
Councilmember Gorwood
Councilmember Rushing
Councilmember Adams
Councilmember Hill
Mayor Marshall
A quorum was present and Mayor Marshall called the meeting to order at 7:00PM.
Staff: Suzy Cluse, City Manager
Charles Fenner, Assistant City Manager
Cindy Gross, City Secretary
Jon Haber, Acting Police Chief
Carl Wessels, Chief Financial Officer
David Haas, Building Inspector
Chris Dyser, Planner
John Hubbard, Economic Development Director
William Freeman, Public Works Director
Mark Morris, Human Resources Director
Sandy Gallion, Librarian
Monte Akers, City Attorney
Invocation was given by Steven Gorwood, City Councilmember.
Pledge to the US Flag and the Texas Flag was led by Jon Haber, Acting Police Chief.
Mayor Marshall welcomes citizens and guests.
City Secretary:
October 6th - Texas national Night Out - 5:00pm - 9:00pm; various locations throughout the
city.
October 10th - Hispanic Heritage, Balch Springs Library/Learning Center, 12450 Elam Road at
10:00am.
October 5th -9th - Star Transit Customer Service Week
October 17th - Domestic Violence Conference at the Balch Springs Library/Learning Center,
12450 Elam Road.
October 24th - City Council Retreat, 12400 Elam Road at the Balch Springs Civic Center
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Mayor Marshall showed some pictures from the Best Southwest Board Meeting held on
September 25, 2015, at the Balch Springs Civic Center.
Presentation(s):
Proclamation to the Balch Springs Police Department "Stand with Law Enforcement" by
Mayor, Mayor Pro Tem Burnett and City Council Members.
Mayor and City Councilmember's presented a proclamation to the Balch Springs Police
Department "Stand with Law Enforcement".
Presentation by Acting Chief Haber regarding the FBI National Academy.
Acting Chief Haber presented Lieutenant Hurley with a letter of recognition, and a Challenge
Coin for his performance as acting Deputy Chief while Acting Chief Haber was attending the
FBI National Academy.
Acting Chief Haber gave a presentation regarding the training he attended at the FBI National
Academy. Acting Chief Haber stated that it was a great experience, and he appreciated all the
support from City Council and that he got to represent the great City of Balch Springs.
Councilmember Adams congratulated Acting Chief Haber and thanked him for the pictures and
presentation regarding his training at the FBI National Academy. Councilmember Adams also
thanked Lt. Hurly for service and professionalism in the absences of the Acting Chief Haber.
Councilmember Taylor would like to thank the Balch Springs police department for their service
to the City of Balch Springs.
Citizen Comments.
Speaker: Officer Pedro Gonzalez, Balch Springs Police Department
Subject: Officer Gonzales presented a letter to the City Council from the Police
Association regarding their satisfaction and confidence with Acting Chief Haber
has done for the police department as well as the animal shelter.
Speaker: Howard Williamson, 11608 Old Elam Rd., Balch Springs, TX 75180
Subject: Spoke to City Council regarding city streets, traffic issues and city parks.
Mayor Marshall closed citizen’s comments.
CONSENT AGENDA
A. APPROVAL OF MINUTES:
1. August 11, 2015 - Workshop Meeting
2. August 24, 2015 - Regular Meeting
3. August 27, 2015 - Special Meeting
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Mayor Pro Tem Burnett moved to approve the consent agenda. Councilmember Adams
seconds the motion. Voting for this motion were Councilmember Taylor, Mayor Pro Tem
Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember Adams and
Councilmember Hill. Motion passed. (6-0)
REPORTS/UPDATES:
1. August 2015 - Budget Report.
No action; informational purpose only.
2. Update on zoning, easements, and other land use restrictions on or adjacent to
possible LBJ access road right-of-way.
Councilmember Gorwood addressed concerns regarding the LBJ access road the right of way,
city's zoning or restrictions that are currently in place, land use or legal impediments of
access roads, zoning changes that city will need put in place to protect our ability to construct
future access roads, what is the city doing to protect future access roads.
Councilmember Gorwood asks that this item be brought back at the next meeting in order for city
staff give an overview regarding the concerns he has expressed tonight.
Councilmember Taylor also addressed concerns regarding traffic issues and hazards at the
intersection at Lake June Road and IH-635.
INDIVIDUAL ITEMS:
1. A. Briefing by city staff regarding a Replat Application No. 001-2015RP, by Yan
Zhen Li and Tai Shang Chu dba Shang Yan Chinese Restaurant, located at 11940
Elam Road, to combine two lots into one lot allowing construction of a new
restaurant.
Mark Horak, city staff briefed the City Council regarding Replat Application No. 001-
2015RP, by Yan Zhen Li and Tai Shang Chu dba Shang Yan Chinese Restaurant,
located at 11940 Elam Road, to combine two lots into one lot allowing construction of a
new restaurant.
B. Conduct a Public Hearing on Replat Application No. 001-2015RP, by Yan Zhen
Li and Tai Shang Chu dba Shang Yan Chinese Restaurant, located at 11940 Elam
Road, to combine two lots into one lot allowing construction of a new restaurant.
Mayor Marshall Opened the Public Hearing at 8:03PM
No one spoke in favor or opposition on the Replat Application No. 001-2015RP, by Yan
Zhen Li and Tai Shang Chu dba Shang Yan Chinese Restaurant, located at 11940
Elam Road, to combine two lots into one lot allowing construction of a new
restaurant.
Mayor Marshall Closed the Public Hearing at 8:04PM.
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C. Consideration and action regarding approval of Replat Application No. 001-
2015RP, by Yan Zhen Li and Tai Shang Chu dba Shang Yan Chinese Restaurant,
located at 11940 Elam Road, to combine two lots into one lot allowing
construction of a new restaurant.
Councilmember Taylor moved to approve the Replat Application No. 001-2015RP, by
Yan Zhen Li and Tai Shang Chu dba Shang Yan Chinese Restaurant, located at 11940
Elam Road, to combine two lots into one lot allowing construction of a new restaurant.
Mayor Pro Tem Burnett seconds the motion. Voting for this motion were
Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember Gorwood,
Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion
passed. (6-0)
2. Consideration and action regarding approval to purchase a Leeboy 1000
asphalt paving machine for approximately $72,544.00, from Romco Equipment,
to be utilized for the Streets Department.
Councilmember Adams moved to approve the purchase a Leeboy 1000 asphalt paving
machine for approximately $72,544.00, from Romco Equipment, to be utilized for the
Streets Department. Councilmember Rushing seconds the motion. Voting for this
motion were Councilmember Taylor, Councilmember Gorwood, Councilmember
Rushing, Councilmember Adams and Councilmember Hill. Voting in opposition was
Mayor Pro Tem Burnett. Motion passed. (5-1)
3. Consideration and action regarding approval to purchase a 2015 Vaccon Vactor
Truck for approximately $296,449.75, from CLS Equipment, to be utilized for the
Utilities Waste-water Department.
Councilmember Adams moved to approve the purchase a 2015 Vaccon Vactor Truck
for approximately $296,449.75, from CLS Equipment, to be utilized for the Utilities
Waste-water Department. Councilmember Gorwood seconds the motion. Mayor Pro
Tem Burnett moved to amend the motion to postpone agenda item #3, until the October
12th Council Meeting with the bids from the (5) competitors, and the warranties and
specs on the equipment being presented to city council tonight. Councilmember's
Adams and Gorwood accepts the amendment. Voting for the motion were
Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember Gorwood,
Councilmember Rushing, Councilmember Adams and Councilmember Hill.
Motion passed. (6-0)
4. Consideration and action regarding approval of a resolution supporting the
affiliate program of the Keep Texas Beautiful, Inc. organization in Balch
Springs and designating the board of directors of the Balch Springs Type B
Economic Development Corporation as the Keep Balch Springs Beautiful Board.
Councilmember Taylor moved to approve of a resolution supporting the affiliate
program of the Keep Texas Beautiful, Inc. organization in Balch Springs and
designating the board of directors of the Balch Springs Type B Economic Development
Corporation as the Keep Balch Springs Beautiful Board. (Res. 778-15) Councilmember
Rushing seconds the motion. Voting for this motion were Councilmember Taylor, Mayor
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Pro Tem Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember
Adams and Councilmember Hill. Motion passed. (6-0)
5. Consideration and action regarding approval of a marketing service contract
between the Balch Springs Industrial Economic Development Corporation Type
A and the Balch Springs Community and Economic Development Corporation
Type B, and with the Balch Springs Chamber of Commerce for FY 2015-2016.
Councilmember Taylor moved to approve a marketing service contract between the
Balch Springs Industrial Economic Development Corporation Type A and the Balch
Springs Community and Economic Development Corporation Type B, and with the
Balch Springs Chamber of Commerce for FY 2015-2016. Mayor Pro Tem Burnett
seconds the motion. Voting for this motion were Councilmember Taylor, Mayor Pro
Tem Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember
Adams and Councilmember Hill. Motion passed. (6-0)
6. Consideration and action regarding approval of a bid for painting of the Balch
Springs Recreation Center.
Mayor Pro Tem Burnett moved to approve a bid for the painting of the Balch Springs
Recreation Center from Concord Commercial Services, Inc. Councilmember Taylor
seconds the motion. Voting for this motion were Councilmember Taylor, Mayor Pro
Tem Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember
Adams and Councilmember Hill. Motion passed. (6-0)
Council recessed at 8:49pm
Council reconvened at 8:55pm
7. Consideration and action regarding approval of the Balch Springs City Council
Rules and Procedures.
Mayor Pro Tem Burnett moved to postpone agenda item #7, until the October 12th City
Council Meeting in order for city council members to review and to send in any changes
to Mr. Akers, City Attorney. Councilmember Adams seconds the motion. Voting for this
motion were Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember
Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill.
Motion passed. (6-0)
8. Consideration and action regarding approval to amend the Code of Ordinance
Section 14-55, Posting of street addresses.
Councilmember Gorwood moved to amend the Code of Ordinance Section 14-55,
Posting of street addresses. Councilmember Adams seconds the motion.
Councilmember Gorwood amend the motion to postpone agenda item #8, until October
12th City Council Meeting. Councilmember Adams accepts the amendment. Voting for
this motion were Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember
Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill.
Motion passed. (6-0)
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9. Consideration and action to establish performance objectives for the evaluation
of those employees who report directly to the City Council, being the City
Manager, City Secretary, Police Chief, Fire Chief, City Attorney, and Municipal
Judge.
Councilmember Taylor moved to establish performance objectives for the evaluation of
those employees who report directly to the City Council, being the City Manager, City
Secretary, Police Chief, Fire Chief, City Attorney, and Municipal Judge. Mayor Pro Tem
Burnett seconds the motion. Voting for this motion were Councilmember Taylor, Mayor
Pro Tem Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember
Adams and Councilmember Hill. Motion passed. (6-0)
10. Consideration and action to establish procedures and criteria for City Council
members when contacting and communicating directly with the City Manager,
City Secretary, Police Chief, Fire Chief, City Attorney or Municipal Judge outside
of a public meeting.
Councilmember Taylor moved to establish procedures and criteria for City Council
members when contacting and communicating directly with the City Manager, City
Secretary, Police Chief, Fire Chief, City Attorney or Municipal Judge outside of a public
meeting. Mayor Pro Tem Burnett seconds the motion. Councilmember Taylor
withdraws his motion due to no action is need regarding this agenda item. Mayor
Pro Tem Burnett withdraw her second.
NOTICE OF EXECUTIVE SESSION
11. 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 session at 9:32pm.
A. To deliberate the evaluation of the City Manager.
B. Discussion regarding the posting of the Police Chief position.
12. Take action, if any, on matters discussed in Executive Session.
Council reconvened into open session at 10:41pm.
11B - Councilmember Adams moved to direct the Human Resource (HR) director post
the police chief position on October 1, 2015. Councilmember Hill seconds the motion.
Voting for this motion were Mayor Pro Tem Burnett, Councilmember Adams and
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Councilmember Hill. Voting in opposition were Councilmember Taylor, Councilmember
Gorwood, Councilmember Rushing and Mayor Marshall. Motion Failed. (3-4)
Mayor Pro Tem Burnett moved to postpone agenda item 11B until October 12, 2015
City Council meeting. Councilmember Adams second the motion. Voting for this motion
were Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember Gorwood,
Councilmember Rushing, Councilmember Adams and Councilmember Hill.
Motion passed. (6-0)
13. Announcements, requests for information, and/or new business to be
placed on future agendas.
Councilmember Adams - street lighting on Beltline Road.
Councilmember Rushing - typo in the livestock ordinance (next agenda)
Councilmember Gorwood - update regarding star transit ridership program and report
regarding the headcount for the for the citywide events.
Councilmember Gorwood would like to congratulate the City council on a well rum
council meeting tonight.
14. Closing prayer.
Councilmember Taylor gave the closing prayer.
15. Adjourn.
Mayor Marshall adjourned the council meeting at 10:48pm.
PASSED AND APPROVED AT A REGULAR MEETING HELD ON OCTOBER 26,
2015.
______________________________________
Mayor
______________________________________
City Secretary
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Agenda
NOTICE OF REGULAR CITY COUNCIL MEETING
CITY OF BALCH SPRINGS, TEXAS
SEPTEMBER 28, 2015
7:00 PM
13503 ALEXANDER ROAD
BALCH SPRINGS, TEXAS 75181
AGENDA
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF BALCH SPRINGS, TEXAS
WILL HOLD A REGULAR MEETING AT THE ABOVE NAMED DATE, TIME AND LOCATION FOR THE
PURPOSE, CONSIDERATION AND ACTION ON ALL THE ITEMS LISTED BELOW.
Identification of a quorum.
Invocation
Pledge of Allegiance
A. US Flag
B. Texas Flag - "Honor the Texas Flag - I pledge Allegiance to thee, Texas, one state under
God, one and indivisible."
Welcome and Items of Community Interest
Presentation(s):
Proclamation to the Balch Springs Police Department "Stand with Law Enforcement"
by Mayor, Mayor Pro Tem Burnett and City Council Members.
Presentation by Acting Chief Haber regarding the FBI National Academy.
Citizen Comments.
COMMENTS CONCERNING ITEMS NOT ON AN AGENDA
The agenda for each regularly scheduled meeting of the Council will include an item designated "Citizen
Comments." The "Citizen Comments" portion of the agenda is the citizen's opportunity to make a
presentation, ask a question of the City Council or otherwise be heard at the City Council meeting and will be
reserved for comments concerning city-related issues not otherwise appearing on the meeting agenda. This
portion of the agenda is reserved to provide citizens an opportunity to address the City Council on issues
affecting the city and is not intended to provide a forum for commercial, political or personal topics.
No action will be taken on any matter raised, but items suggested for action may be placed on a
future agenda. Each citizen's comments are limited to a total of three (3) minutes.
Any remarks which may attack the character of employees or council members are considered to be out of
order and are prohibited. The Council has the authority to protect employees and itself from annoyance by
disruptive individuals during the meeting. The Mayor, a quorum of the City Council or the City Manager shall
admonish citizen's comments that become insulting, defamatory, reflect a personal vendetta, imply
malicious intent, or otherwise undermine the intent of this section. Under Sec. 22.01, Tex Penal Code, it is a
felony of the third degree for a person to intentionally or knowingly threaten imminent bodily injury to a public
servant who is lawfully discharging an official duty, or to do so in retaliation or on account of an exercise of
official power or performance of an official duty as public servant; Further, the Mayor or the City Manager at
any time have the authority to have any person who attempts to harass, gesture, use profanity, or act in a
hostile manner to be requested to leave or escorted from the property by law enforcement. (Tex. PC 42.05
Disrupting Meeting or Procession. (a) A person commits an offense if, with intent to prevent or
disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting,
procession, or gathering by physical action or verbal utterance; (b) an offense under this section is
a Class B Misdemeanor).
CONSENT AGENDA
(All items on the Consent Agenda are routine and may be approved with one motion; however, should any
member of the City Council wish to discuss any item, said item may be removed from the Consent Agenda
by motion of the City Council).
A. APPROVAL OF MINUTES:
1. August 11, 2015 - Workshop Meeting
2. August 24, 2015 - Regular Meeting
3. August 27, 2015 - Special Meeting
REPORTS/UPDATES:
1. August 2015 - Budget Report.
2. Update on zoning, easements, and other land use restrictions on or adjacent to possible
LBJ access road right-of-way.
INDIVIDUAL ITEMS:
1. A. Briefing by city staff regarding a Replat Application No. 001-2015RP, by Yan Zhen Li and
Tai Shang Chu dba Shang Yan Chinese Restaurant, located at 11940 Elam Road, to combine
two lots into one lot allowing construction of a new restaurant.
B. Conduct a Public Hearing on Replat Application No. 001-2015RP, by Yan Zhen Li and Tai
Shang Chu dba Shang Yan Chinese Restaurant, located at 11940 Elam Road, to combine two
lots into one lot allowing construction of a new restaurant.
C. Consideration and action regarding approval of Replat Application No. 001-2015RP, by
Yan Zhen Li and Tai Shang Chu dba Shang Yan Chinese Restaurant, located at 11940 Elam
Road, to combine two lots into one lot allowing construction of a new restaurant.
2. Consideration and action regarding approval to purchase a Leeboy 1000 asphalt paving
machine for approximately $72,544.00, from Romco Equipment, to be utilized for the Streets
Department.
3. Consideration and action regarding approval to purchase a 2015 Vaccon Vactor Truck for
approximately $296,449.75, from CLS Equipment, to be utilized for the Utilities Waste-water
Department.
4. Consideration and action regarding approval of a resolution supporting the affiliate program
of the the Keep Texas Beautiful, Inc. organization in Balch Springs and designating the
board of directors of the Balch Springs Type B Economic Development Corporation as the
Keep Balch Springs Beautiful Board.
5. Consideration and action regarding approval of a marketing service contract between the
Balch Springs Industrial Economic Development Corporation Type A and the Balch Springs
Community and Economic Development Corporation Type B, and with the Balch Springs
Chamber of Commerce for FY 2015-2016.
6. Consideration and action regarding approval of a bid for painting of the Balch Springs
Recreation Center.
7. Consideration and action regarding approval of the Balch Springs City Council Rules and
Procedures.
8. Consideration and action regarding approval to amend the Code of Ordinance Section 14-55,
Posting of street addresses.
9. Consideration and action to establish performance objectives for the evaluation of those
employees who report directly to the City Council, being the City Manager, City Secretary,
Police Chief, Fire Chief, City Attorney, and Municipal Judge.
10. Consideration and action to establish procedures and criteria for City Council members
when contacting and communicating directly with the City Manager, City Secretary, Police
Chief, Fire Chief, City Attorney or Municipal Judge outside of a public meeting.
NOTICE OF EXECUTIVE SESSION
11. 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:
A. To deliberate the evaluation of the City Manager.
B. Discussion regarding the posting of the Police Chief position.
12. Take action, if any, on matters discussed in Executive Session.
13. Announcements, requests for information, and/or new business to be placed on future
agendas. (NO ACTION OR DISCUSSION WILL TAKE PLACE.)
14. Closing prayer.
15. Adjourn.
I, Cindy Gross, City Secretary of the City of Balch Springs do hereby certify that the above notice of
the Regular Meeting of the Balch Springs City Council was posted at City Hall, 13503 Alexander
Road, Balch Springs, Texas on 22nd day of September, 2015, at 12:30PM.
City Secretary
The City Council may convene into executive session on any matter related to any of the above agenda items
for a purpose, such closed session allowed under Chapter 551, Texas Government Code.
This agenda is posted as required under Section 551.041, Texas Government Code. For more information or
a copy of the Open Meetings Act, please contact the Attorney General of Texas at 1-800-252-8011; the City
Secretary at 972/286-4477x210 or visit the City of Balch Springs web site at www.cityofbalchsprings.com
This building is wheelchair accessible. Any requests for Interpretive Services must be named 48 hours in
advance of the scheduled meeting. To make arrangements please call 972/286-4477x210 and ask for Cindy
Gross, City Secretary.
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