City Council

REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS MARCH 14, 2016 7:00 PM MINUTES Identification of a quorum. Present: Mayor Pro Tem Burnett Councilmember Gorwood Councilmember Rushing Councilmember Adams Councilmember Hill Mayor Marshall Absent: Councilmember Taylor (Arrived at 7:02PM) A quorum was present and Mayor Marshall called the meeting to order at 7:00PM. Staff: Suzy Cluse, City Manager Charles Fenner, Asst. City Manager Cindy Gross, City Secretary Jon Haber, Acting Police Chief Randy Smith, Fire Chief Carl Wessels, Chief Financial Officer Sandy Gallion, Librarian Chris Dyser, Planning David Haas, Building Inspector Mark Morris, Human Resources William Freeman, Public Works Director Monte Akers, City Attorney Invocation was given by Pastor Joey Smith, Liberty Church. Pledge to the US Flag and the Texas Flag was led by Charlie Cazares, resident of the City of Balch Springs. Mayor Marshall welcomes citizens and guests. City Secretary: March 16th - Economic Development Business Summit at Civic Center, 11am-1pm. March 23rd - Rental Housing Inspection Program Community Meeting at City Hall, 6:00 pm. March 24th - Balch Springs Police Officers Association hold a Balch Springs Candidates’ Night at 7:00pm, at the Dallas County Cowboy Church, 3500 Pioneer Road, Balch Springs. April 16th - Let’s Keep Balch Springs Beautiful Community Clean Up at 8am -11am. 1 Citizen Comments. Speaker: Howard Williamson, 11608 Old Elam Rd., Balch Springs, TX 75180 Subject: Spoke to City Council regarding code enforcement and traffic issues. Mayor Marshall closed citizen’s comments. NOTICE OF EXECUTIVE SESSION A. 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: City Council convened into closed session at 7:11PM. Consultation with City Attorney regarding Red Light Camera funding and reporting issues. B. Take action, if any, on matters discussed in Executive Session. City Council reconvened into open session at 8:10PM. Councilmember Taylor moved to accept city staff recommendation with moving funds in the amount of $508,000.00, to the general fund and proceeding forward. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember Adams and Councilmember Hill. Voting in opposition was Councilmember Gorwood. Motion passed. (4-1) Councilmember Rushing was not present for the voting. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. February 1, 2016 - Special Meeting 2. February 2, 2016 - Workshop Meeting 3. February 8, 2016 - Regular Meeting 4. February 22, 2016 - Regular Meeting B. City Attorney bill C. City Prosecutor bill 2 Mayor Pro Tem Burnett moved to approve the consent agenda. Councilmember Hill 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. Update on Councilmember Wanda Adams Misdemeanor B 9-1-1 Silent or Abuse charge. Councilmember Adams informed the City Council that the city once again will be in the news media, for her 9-1-1 Silent or Abuse charge. Councilmember Adams stated on September 25, 2014, she was charged by the Balch Springs Police Department for a Misdemeanor B 9-1-1 Silent or Abuse call to the City of Balch Springs 9-1-1 call service that occurred at the Dollar General Store located on Shepherd Lane. Councilmember Adams stated that an affidavit for an arrest warrant was issued by Officer Sean Snow. Councilmember Adams thanked Council members Gorwood, Taylor, Hill, Mayor Pro Tem Burnett and Mayor Marshall for their support in establishing a resolution to be presented to the District Attorney's Office, asking that the chargers be dropped, unfortunately as stated by the District Attorney's Office, this case is political and the negotiations are ongoing until an agreement is made. Councilmember Adams stated that the Balch Springs Police Department could drop the charges per the District Attorney's office, but the police department has chosen not to drop the charges. Councilmember Adams has chosen to proceed with a jury trial and a trial date has been scheduled for May 3, 2016 at 8:30am, with the Dallas County Court. Councilmember Adams is requesting as a member of the City Council that a full and unbiased investigation be conducted for the purpose of; 1) to elevate the first reposning Officer Bryan Johnson written and oral report regarding her statement made to the officer, 2) to elevate the formality and written reports as to how this investigation was conduct of Sergeant Billy Walts, Investigator Allen Bird and Officer Snow in resulting in her being charged and issued an arrest warrant, and 3) to elevate the conduct of the information presented to the news media by the City Acting Police Chief Haber. With the aid of the City Manager office and Human Resources department, research those entities of professionals, and will assist you with State Law requirements and conducting the actual internal of affairs investigation. Councilmember Adams is requesting that Balch Springs City Council conduct investigation regarding this case. 2. City Manager's report regarding matters affecting the City since the previous regular City Council Meeting, provided for informational purposes. Sheena Stracner gave the City Council an update regarding the Volunteer Minor Repair Housing Clean Up Program, The purpose is to preserve and enhance the visual appearance of the City of Balch Springs through joint efforts by residents, volunteer groups, business and municipal resources, targeted areas and timelines. Kevin Nance, City Marshall gave an update to the City Council regarding Code Enforcement objections, and enforcement process, their goals, case status report, targeted areas, ordnances review for donation boxes and garage sales, and the training code. 3 INDIVIDUAL ITEMS: 1. A. Briefing by City staff on Special Use Permit Application No. 001-2016 SUP, by SAH Real Estate LP dba SBA Communications Corporation, to allow for a 150' communication cell tower at 11916 Seagoville Road. Chris Dyser, City Planner, briefed the City Council regarding the Special Use Permit Application No. 001-2016 SUP, by SAH Real Estate LP dba SBA Communications Corporation, to allow for a 150' communication cell tower at 11916 Seagoville Road. B. Conduct a Public Hearing on Special Use Permit Application No. 001-2016 SUP, by SAH Real Estate LP dba SBA Communications Corporation, to allow for a 150' communication cell tower at 11916 Seagoville Road. Mayor Marshall Opened the Public Hearing at 8:38PM. Nathaniel Lewellen, 33300 Kanis Road, Paron, AR. 72122 Mr. Lewellen spoke in favor of the Special Use Permit Application No. 001-2016 SUP, by SAH Real Estate LP dba SBA Communications Corporation, to allow for a 150' communication cell tower at 11916 Seagoville Road. Mayor Marshall Closed the Public Hearing at 8:40PM. C. Consideration and action regarding a Special Use Permit Application No. 001- 2016 SUP, by SAH Real Estate LP dba SBA Communications Corporation, to allow for a 150' communication cell tower at 11916 Seagoville Road. Mayor Pro Tem Burnett moved to approve the Special Use Permit Application No. 001- 2016 SUP, by SAH Real Estate LP dba SBA Communications Corporation, to allow for a 150' communication cell tower at 11916 Seagoville Road. Councilmember Adams seconds the motion. Voting for this motion was Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion passed. (6-0) 2. Consideration and action on re-activating the Flood and Drainage Committee and approving the names of committee members and alternates. Councilmember Taylor moved to appoint the following individuals to the Flood and Drainage Committee: David Stone, Jadira Sustaita, Jose Valercia, Calvin Cook, Martin Cuel, and Charlie Cazares. The alternates are Millie Sanders, Alberto Castillo and Howard Williamson. 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) 4 3. Consideration and action regarding approval to award a contract for mowing the city parks. Mayor Pro Tem Burnett moved to award the contract for mowing the city parks to WCD Enterprises. Councilmember Hill 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) 4. Consideration and action regarding approval to award a bid to Diamond F. Construction for the remodel of the Municipal Court Building. Councilmember Taylor moved to award a bid to Diamond F. Construction for the remodel of the Municipal Court Building. 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) 5. Consideration and action regarding approval of a transfer to the City of Balch Springs from the Balch Springs Type A and Type B Economic Development Corporations in the amount of $10,000.00 for the joint City/EDC Newsletter from the Economic Development Corporations marketing accounts. Councilmember Taylor moved to approve a transfer to the City of Balch Springs from the Balch Springs Type A and Type B Economic Development Corporations in the amount of $10,000.00 for the joint City/EDC Newsletter from the Economic Development Corporations marketing accounts. 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 on a proposal that the City of Balch Springs conduct a "Meet the Candidates Forum." Councilmember Gorwood moved that city conduct a non-partisan candidates' forum to be held at the Balch Springs Library before the start of early voting and notification be placed in the city newsletter. Councilmember Rushing 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) 7. Consideration and action regarding approval of a resolution naming of the Balch Springs Animal Shelter. Mayor Pro Tem Burnett moved to approve resolution 791-16, renaming of the Balch Springs Animal Shelter to Karen E. Gray Animal Shelter. Councilmember Adams seconds the motion. Voting for this motion were Councilmember Taylor, Mayor Pro 5  Tem Burnett, Councilmember Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion passed. (6-0) 8. Consideration and action regarding the Quail Bridge modifications and design. Councilmember Rushing moved to postpone agenda item #8, until the March 28, 2016 City Council Meeting. Councilmember Gorwood seconds the motion. Voting for this motion were Councilmember Taylor, Mayor Pro Tem Burnett, Councilmember Gorwood, Councilmember Rushing and Councilmember Adams. Voting in opposition was Councilmember Hill. Motion passed. (5-1) 9. Consideration and action regarding approval to award a bid to Blazzen Construction for the construction of parking lot at Luedeke Park for a cost not to exceed $46,500.00. Councilmember Gorwood moved to approve to award a bid to Blazzen Construction for the construction of parking lot at Luedeke Park for a cost not to exceed $46,500.00. 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. Announcements, requests for information, and/or new business to be placed on future agendas. Mayor Marshall - meeting with executive staff and kiosks at the police department. Mayor Pro Tem Burnett - Workshop regarding the Community Oriented Primary Care COPC. Councilmember Rushing - Hiring a firm review the Police Chief applications. 11. Closing prayer. City Councilmember Adams gave the closing prayer. 12. Adjourn. Mayor Marshall adjourned the council meeting at 9:44pm. PASSED AND APPROVED AT A REGULAR MEETING HELD ON MARCH 28, 2016. ______________________________________ Mayor ______________________________ City Secretary 6