City Council
Regular MeetingBalch Springs, TX · October 26, 2020
Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF BALCH SPRINGS
OCTOBER 26, 2020
7:00PM – REGULAR MEETING
The City Council of the City of Balch Springs, Texas conducted the Regular Meeting on Monday,
October 26, 2020, 7:00 pm.
Call the meeting to order – Mayor Gordon called the Regular Meeting to order at 7:00 pm.
Identification of a quorum
Present: Councilmember Moon
Councilmember Shelby
Mayor Pro Tem Segroves
Councilmember Rushing
Councilmember Tucker
Councilmember Hill
Mayor Gordon
Staff: Susan Cluse, City Manager
Cindy Gross, City Secretary
Randy Smith, Fire Chief
Jonathan Haber, Police Chief
Chris Dyser, Planning
Invocation – The invocation was given by City Councilmember Hill.
Pledge – The pledges of allegiance to the US Flag and Texas Flag was led by City Councilmember
Tucker.
Public Comments:
Speaker: Marie Tedei, 4708 Pioneer Rd., Balch Springs
Comment: Spoke to City Council in regards to a she presented at the Parks and Recreation
Meeting regarding the potential wild life preserve at Lake June Road and Beltline
Road.
CONSENT AGENDA
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October 26, 2020 Regular Meeting Minutes
A. APPROVAL OF MINUTES:
1. September 28, 2020 – Regular Meeting
2. September 29, 2020 – Special Meeting
B. Approval to appoint Angela Foutz to the Board of Adjustments.
Councilmember Shelby moved to approve the Consent Agenda. Mayor Pro Tem Segroves
seconds the motion. Councilmember Hill moved to amended the motion to remove item “B” from
consent agenda until the next meeting. 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)
Mayor Gordon stated that Consent Agenda item “B” will be moved to individual items in
order for City Council to hear from staff.
REPORTS/UPDATES:
1. Report(s) by the Executive Staff regarding items of community interest.
Chief Haber announced that the police department will be hosting De-Escalation/Use of Force
Simulator again October 27, 2020 at the Library/Learning Center.
City Secretary announced that Early Voting for the November 3rd General Election ends on October
30, 2020.
2. Update on COVID-19 public health and safety measures, cases, and associated pandemic matters.
Brad Harris, Emergency Management Coordinator, reported that the city receives most of their
reports from Dallas County, and that the city currently has (1008) total COVID-19 cases. He
discussed cases by week, confirmed cases and the peak times. Mr. Harris stated that staff will be
giving the City Council an update on CARES ACT Funding in the next couple of weeks.
PUBLIC HEARING(S):
A. Conduct a Public Hearing on Comprehensive Plan Amendment (CPA) Application 002-2020
by the City of Balch Springs and the City of Mesquite to amend the 2036 Balch Springs
Comprehensive Future Land Use Plan from Low Density Residential Use to Mixed Use on
property located at 3811 S. Beltline Road and 14804 Lakeside Drive to allow for a mixed use
master planned development including residential, commercial, retail, restaurants and
open space uses.
Mayor Gordon Opened the Public Hearing at 7:14 PM, regarding the Comprehensive Plan
Amendment (CPA) Application 002-2020 by the City of Balch Springs and the City of Mesquite to
amend the 2036 Balch Springs Comprehensive Future Land Use Plan from Low Density
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October 26, 2020 Regular Meeting Minutes
Residential Use to Mixed Use on property located at 3811 S. Beltline Road and 14804 Lakeside
Drive to allow for a mixed use master planned development including residential, commercial,
retail, restaurants and open space uses.
Marie Tedei, 4708 Pioneer Road, Balch Springs – addressed concerns regarding the tree
preservation for the proposed development.
No one else spoke in favor or opposition on the Comprehensive Plan Amendment (CPA)
Application 002-2020 by the City of Balch Springs and the City of Mesquite to amend the 2036
Balch Springs Comprehensive Future Land Use Plan from Low Density Residential Use to Mixed
Use on property located at 3811 S. Beltline Road and 14804 Lakeside Drive to allow for a mixed
use master planned development including residential, commercial, retail, restaurants and open
space uses. Mayor Gorwood closed the Public Hearing at 7:20pm.
B. Conduct a Public Hearing on Rezoning Application No. 003-2020, by the City of Balch
Springs and the City of Mesquite to rezone from Multiple Family (MF-16) Dwelling
Residential District and Local Retail (LR) District to Planned Development (PD) District on
property located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to
allow for a mixed use master planned development including residential, commercial, retail,
restaurants and open space uses.
Mayor Gordon Opened the Public Hearing at 7:20 PM, Rezoning Application No. 003-2020, by the
City of Balch Springs and the City of Mesquite to rezone from Multiple Family (MF-16) Dwelling
Residential District and Local Retail (LR) District to Planned Development (PD) District on property
located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to allow for a
mixed use master planned development including residential, commercial, retail, restaurants and
open space uses.
There were no individuals that spoke in favor or opposition on the Rezoning Application No. 003-
2020, by the City of Balch Springs and the City of Mesquite to rezone from Multiple Family (MF-
16) Dwelling Residential District and Local Retail (LR) District to Planned Development (PD)
District on property located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside
Drive to allow for a mixed use master planned development including residential, commercial,
retail, restaurants and open space uses. Mayor Gorwood closed the Public Hearing at 7:21pm.
INDIVIDUAL ITEMS:
B. Approval to appoint Angela Foutz to the Board of Adjustments.
Councilmember Hill moved that agenda item “B” be moved to the November 2, 2020 City Council
Meeting. 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)
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October 26, 2020 Regular Meeting Minutes
1. Consideration and action regarding approval of a Comprehensive Plan Amendment
Application No. 002-2020, by the City of Balch Springs and the City of Mesquite to amend
the 2036 Balch Springs Comprehensive Future Land Use Plan from Low Density
Residential Use to Mixed Use on property located at 3811 S. Beltline Road and 14804
Lakeside Drive to allow for a mixed use master planned development including residential,
commercial, retail, restaurants and open space uses.
Councilmember Hill moved to approve Comprehensive Plan Amendment Application No. 002-
2020, by the City of Balch Springs and the City of Mesquite to amend the 2036 Balch Springs
Comprehensive Future Land Use Plan from Low Density Residential Use to Mixed Use on
property located at 3811 S. Beltline Road and 14804 Lakeside Drive to allow for a mixed use
master planned development including residential, commercial, retail, restaurants and open
space uses (Ord. 3221-20). Councilmember Shelby 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)
2. Consideration and action regarding approval of a Rezoning Application No. 003-2020, by
the City of Balch Springs and the City of Mesquite to rezone from Multiple Family (MF-16)
Dwelling Residential District and Local Retail (LR) District to Planned Development (PD)
District on property located at 3811 S. Beltline Road, 4600 Mercury Road and 14804
Lakeside Drive to allow for a mixed use master planned development including residential,
commercial, retail, restaurants and open space uses.
Councilmember Hill moved to approve the Rezoning Application No. 003-2020, by the City of
Balch Springs and the City of Mesquite to rezone from Multiple Family (MF-16) Dwelling
Residential District and Local Retail (LR) District to Planned Development (PD) District on
property located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to allow
for a mixed use master planned development including residential, commercial, retail, restaurants
and open space uses (3222-20). Councilmember Tucker 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)
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 Gordon convened into closed session at 8:21 PM.
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
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October 26, 2020 Regular Meeting Minutes
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 Gordon reconvened into open session at 10:27 PM.
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 Hill gave the closing prayer.
7. Adjourn - Mayor Gordon adjourned the Regular Meeting at 10:28 pm.
PASSED AND APPROVED AT A REGULAR MEETING HELD ON NOVEMBER 9, 2020.
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October 26, 2020 Regular Meeting Minutes
Agenda
NOTICE AND AGENDA OF REGULAR CITY COUNCIL MEETING
CITY OF BALCH SPRINGS, TEXAS
OCTOBER 26, 2020
7:00 PM
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 REGULAR MEETING ON THE ABOVE DATE, TIME AND LOCATION.
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. September 28, 2020 - Regular Meeting
2. September 29, 2020 - Special Meeting
B. Approval to appoint Angela Foutz to the Board of Adjustments.
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.
PUBLIC HEARING(S):
A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.
If there are not 30 minutes of public comment, the Council will proceed with the agenda.
A. Conduct a Public Hearing on Comprehensive Plan Amendment (CPA) Application 002-2020
by the City of Balch Springs and the City of Mesquite to amend the 2036 Balch Springs
Comprehensive Future Land Use Plan from Low Density Residential Use to Mixed Use on
property located at 3811 S. Beltline Road and 14804 Lakeside Drive to allow for a mixed use
master planned development including residential, commercial, retail, restaurants and open
space uses.
B. Conduct a Public Hearing on Rezoning Application No. 003-2020, by the City of Balch Springs
and the City of Mesquite to rezone from Multiple Family (MF-16) Dwelling Residential District
and Local Retail (LR) District to Planned Development (PD) District on property located at
3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside Drive to allow for a mixed use
master planned development including residential, commercial, retail, restaurants and open
space uses.
INDIVIDUAL ITEMS:
1. Consideration and action regarding approval of a Comprehensive Plan Amendment
Application No. 002-2020, by the City of Balch Springs and the City of Mesquite to amend the
2036 Balch Springs Comprehensive Future Land Use Plan from Low Density Residential Use
to Mixed Use on property located at 3811 S. Beltline Road and 14804 Lakeside Drive to allow
for a mixed use master planned development including residential, commercial, retail,
restaurants and open space uses.
2. Consideration and action regarding approval of a Rezoning Application No. 003-2020, by the
City of Balch Springs and the City of Mesquite to rezone from Multiple Family (MF-16)
Dwelling Residential District and Local Retail (LR) District to Planned Development (PD)
District on property located at 3811 S. Beltline Road, 4600 Mercury Road and 14804 Lakeside
Drive to allow for a mixed use master planned development including residential,
commercial, retail, restaurants and open space uses.
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:
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 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 19th day of October, 2020 at 3:00 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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