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City Council

Regular Meeting

Balch Springs, TX · October 12, 2020

AgendaMinutes

Minutes

MINUTES OF THE BRIEFING AND REGULAR MEETING OF THE CITY COUNCIL CITY OF BALCH SPRINGS OCTOBER 12, 2020 6:00PM – BRIEFING 7:00PM – REGULAR MEETING The City Council of the City of Balch Springs, Texas conducted the Briefing Meeting Monday, October 12, 2020, at 6:41 p.m. Present: Councilmember Shelby, Mayor Pro Tem Segroves, Councilmember Tucker and Councilmember Hill. (Absent: Councilmember Moon, Councilmember Rushing and Mayor Gordon) A. Consideration of a rezoning application by the City of Balch Springs and the City of Mesquite to rezone parcels from Multiple Family Dwelling District and Local Retail District to Planned Development District for properties located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to allow for mixed use master planned development including residential, commercial, retail, restaurants and open space uses. Chris Dyser, Planning Department, gave the City Council a briefing on the rezoning application by the City of Balch Springs and the City of Mesquite to rezone parcels from Multiple Family Dwelling District and Local Retail District to Planned Development District for properties located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to allow for mixed use master planned development including residential, commercial, retail, restaurants and open space uses. B. Update by staff on City Council tour of Brooklyn Village, Forney, Texas and Pleasant Forest Addition (Cherry Bottoms) in Balch Springs. Mr. Dyser stated that the bus will be leaving City Hall at 5:30pm to tour the of Brooklyn Village, Forney, Texas and Pleasant Forest Addition (Cherry Bottoms) in Balch Springs. The City Council of the City of Balch Springs, Texas conducted the Regular Meeting on Monday, October 12, 2020, 7:00 pm. Call the meeting to order – Mayor Pro Tem Segroves called the Regular Meeting to order at 7:09pm. Identification of a quorum Present: Councilmember Moon Councilmember Shelby Page 1 of 3 October 12, 2020 Briefing and Regular Meeting Minutes Mayor Pro Tem Segroves Councilmember Rushing Councilmember Tucker Councilmember Hill Absent: Mayor Gordon Staff: Susan Cluse, City Manager Cindy Gross, City Secretary Randy Smith, Fire Chief Jonathan Haber, Police Chief Amanda Davis, City Attorney Invocation – The invocation was given by Pastor Darrell Turner, St. James African Methodist, Episcopal Church of Ft. Worth. Pledge – The pledges of allegiance to the US Flag and Texas Flag was led by City Councilmember Tucker. Public Comments – There were no public comments. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. August 31, 2020 – Workshop Meeting 2. September 8, 2020 – Special Meeting 3. September 14, 2020 – Regular Meeting 4. September 15, 2020 – Special Meeting 5. September 16, 2020 – Special Meeting B. Approval to renew the franchise agreement with Oncor and the City of Balch Springs. (Ord. 3220-20) C. Approval to purchase VirTra De-Escalation Training Simulator V-100, at cost of $31,499.12 for the Police Department. Councilmember Rushing moved to approve the Consent Agenda. Councilmember Moon seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Segroves, Councilmember Rushing, Councilmember Tucker and Councilmember Hill. Motion passed. (6-0) REPORTS/UPDATES: 1. Report(s) by the Executive Staff regarding items of community interest. Page 2 of 3 October 12, 2020 Briefing and Regular Meeting Minutes City Secretary gave an announcement that Early Voting for the November 3rd General Election begins October 13, 2020 to October 30, 2020. 2. Update on COVID-19 public health and safety measures, cases, and associated pandemic matters. There was no update at this time. NOTICE OF EXECUTIVE SESSION 3. In accordance with Texas Government Code, Chapter 551, the City Council will recess in Executive Session to discuss the following: Mayor Pro Tem Segroves convened into closed session at 7:15PM. Pursuant to Sections 551.071 and 551.074; Consultation with the attorney regarding pending or contemplated litigation, or a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act; and deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, re: (i) Cause no. 3:17- CV-01208-M; and (ii) City Secretary, City Manager, Police Chief and City Attorney. 4. Take action, if any, on matters discussed in Executive Session. Mayor Pro Tem Segroves reconvened into open session at 9:10PM. No action taken on matters discussed in executive session. 5. Announcements, requests for information, and/or new business to be placed on future agendas. • Executive Staff employment contracts. 6. Closing prayer – City Councilmember Moon gave the closing prayer. 7. Adjourn - Mayor Pro Tem Segroves adjourned the Regular Meeting at 9:14pm. PASSED AND APPROVED AT A REGULAR MEETING HELD ON NOVEMBER 2, 2020. Page 3 of 3 October 12, 2020 Briefing and Regular Meeting Minutes

Agenda

NOTICE AND AGENDA OF REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS, TEXAS OCTOBER 12, 2020 6:30 PM - BRIEFING 7:00 PM - REGULAR MEETING CITY HALL 13503 ALEXANDER ROAD BALCH SPRINGS, TEXAS, 75181 NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF BALCH SPRINGS, TEXAS WILL HOLD A BRIEFING AND REGULAR MEETING ON THE ABOVE DATE, TIME AND LOCATION. BRIEFING AGENDA - CONVENE AT 6:30 PM A. Consideration of a rezoning application by the City of Balch Springs and the City of Mesquite to rezone parcels from Multiple Family Dwelling District and Local Retail District to Planned Development District for properties located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to allow for mixed use master planned development including residential, commercial, retail, restaurants and open space uses. B. Update by staff on City Council tour of Brooklyn Village, Forney, Texas and Pleasant Forest Addition (Cherry Bottoms) in Balch Springs. REGULAR MEETING AGENDA - CONVENE AT 7:00 PM Call meeting to order. 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." PUBLIC COMMENTS PUBLIC COMMENT GUIDELINES This portion of the agenda is the public's opportunity to address the Council about a matter listed on the meeting agenda, except public hearings included on the agenda. Comments related to public hearings will be heard when the specific hearing begins. Public comments are limited to three (3) minutes per speaker, unless the speaker requires the assistance of a translator, in which case the speaker is limited to six (6) minutes, in accordance with applicable law. Per the Texas Open Meetings Act, the Council is not permitted to take action on or discuss any item not listed on the agenda. Items suggested for action may be placed on a future agenda, at the Council's sole discretion. To address the Council, speakers must complete a Speaker Card and provide it to the City Secretary prior to the start of the meeting. Each speaker shall approach the podium and state his/her name and street address before speaking. Speakers shall address the Council with civility that is conducive to appropriate public discussion. Speakers should address only the Council as a whole and not individual city officials or employees. The public cannot speak from the gallery but only from the podium. Under Sec. 22.01 of the Texas Penal Code, it is a felony of the third degree for a person to intentionally, knowingly or recklessly cause 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 her designee has 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 be escorted from the property by law enforcement. (Texas Penal Code 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, the person 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 31, 2020 - Workshop Meeting 2. September 8, 2020 - Special Meeting 3. September 14, 2020 - Regular Meeting 4. September 15, 2020 - Special Meeting 5. September 16, 2020 - Special Meeting B. Approval to renew the franchise agreement with Oncor and the City of Balch Springs. C. Approval to purchase VirTra De-Escalation Training Simulator V-100, at cost of $31,499.12 for the Police Department. REPORTS/UPDATES: (Topics are limited to: (i) expressions of thanks, congratulations, or condolence; (ii) information on holiday schedules; (iii) an honorary or salutary recognition of a City official, employee, or citizen; (iv) reminder of upcoming events organized or sponsored by the City; (v) information on a social, ceremonial, or community event organized or sponsored by an entity other than the City, attended or scheduled to be attended by a councilmember or employee; and, (vi) announcements involving an imminent threat to the public health and safety of the City and its citizens that has arisen after the posting of the agenda). 1. Report(s) by Executive Staff regarding items of community interest. (NO ACTION OR DISCUSSION WILL TAKE PLACE.) 2. Update on COVID-19 public health and safety measures, cases, and associated pandemic matters. NOTICE OF EXECUTIVE SESSION 3. In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will recess into Executive Session to discuss the following: A. Pursuant to Sections 551.071 and 551.074; Consultation with the attorney regarding pending or contemplated litigation, or a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act; and deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, re: (i) Cause no. 3:17- CV-01208-M; and (ii) City Secretary, City Manager, Police Chief and City Attorney. 4. Take action, if any, on matters discussed in Executive Session. 5. Requests for information, and/or new business to be placed on future agenda(s). (NO ACTION OR DISCUSSION WILL TAKE PLACE.) 6. Closing prayer. 7. Adjourn. I, Cindy Gross, City Secretary of the City of Balch Springs do hereby certify that the above notice of the Briefing and Regular Meeting of the Balch Springs City Council was posted on the City's website and at City Hall, 13503 Alexander Road, Balch Springs, Texas on the 7th day of October, 2020 at 2:30 PM. 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 Chapter 551, Subchapter C, Texas Government Code. For more information or a copy of the Open Meetings Act, please contact the Attorney General of Texas at 1-877-673- 6839; the City Secretary at 972/286-4477, ext 210 or visit the City of Balch Springs website 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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