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City Council

Regular Meeting

Balch Springs, TX · November 2, 2020

AgendaMinutes

Minutes

MINUTES OF THE BRIEFING AND REGULAR MEETING OF THE CITY COUNCIL CITY OF BALCH SPRINGS NOVEMBER 2, 2020 6:00PM – BRIEFING 7:00PM – REGULAR MEETING The City Council of the City of Balch Springs, Texas conducted the Briefing Meeting Monday, November 2, 2020, at 6:32 p.m. Present: Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Segroves, Councilmember Rushing, Councilmember Tucker, Councilmember Hill and Mayor Gordon. A. Briefing on the Request for Proposals for the proposed development of 13101 Lake June Road, 13301 Lake June Road and 13701 Lake June Road. Chris Dyser, Community Development, gave a brief overview of the proposed development of 13101 Lake June Road, 13301 Lake June Road and 13701 Lake June Road. He reviewed the development planning and financial details of the project. B. Update on the ordinance amendments: Fence, Loitering, Panhandling, Camping, Itinerant Merchants and associated ordinances. Mark Horak, Code Enforcement, spoke before City Council in regards to the work in progress on the ordinance amendments, details regarding the homeless camping on private property and leaving trash or debris, fencing in residential neighborhoods, Loitering, and Panhandling. Chris Dyser, Community Development, also mentioned that they are currently working on an ordinance regarding Itinerant Merchants. C. City Council Calendar update. The Mayor spoke before City Council discussing: upcoming workshops on the calendar, revisiting the budget, orientation for new City Council members, new upcoming housing development, canvasing date, and city council workshop dates in November. Mayor Gordon adjourned the briefing meeting at 7:07pm. The City Council of the City of Balch Springs, Texas conducted the Regular Meeting on Monday, November 2, 2020, 7:00 pm. Call the meeting to order – Mayor Gordon called the Regular Meeting to order at 7:07pm. Identification of a quorum Page 1 of 4 November 2, 2020 Briefing and Regular Meeting Minutes 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 Amanda Davis, City Attorney Invocation – The invocation was given by City Councilmember Moon. Pledge – The pledges of allegiance to the US Flag and Texas Flag was led by City Councilmember Shelby. Presentation(s): Presentation by the City Council to Mayor Gordon of a Resolution, In Loving Memory of Sarah Jane Forney Home Going of October 9, 2020. Mayor Pro Tem presented and read a Resolution, In Loving Memory of Sarah Jane Forney Home Going of October 9, 2020. Mayor Gordon spoke before City Council, thanking everyone for their support and the resolution. Public Comments: Speaker: Carrie Marshal, 12601 Natalie Drive., Balch Springs Comment: Spoke to City Council in regards involvement in the non-profit organization, Hope Mental Wellness Advocacy Group. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. September 30, 2020 – Special Meeting 2. October 5, 2020 – Special Meeting 3. October 12, 2020 – Regular Meeting Councilmember Moon moved to approve the Consent Agenda. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Page 2 of 4 November 2, 2020 Briefing and Regular Meeting Minutes 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. Chris Dyser, Community Development, announced that LDG Development will be hosting a Ribbon Cutting Ceremony for 3 Springs Apartments (4520 Ambassador Way) on November 11, 2020 at 1:30pm, and Forestwood Apartments (4011 S. Belt Line Rd.) on November 12, 2020 at 11:00am. All COVID-19 safety protocols will be followed at both events. Mayor Gordon spoke in regards to a received invitation to the City of Balch Springs to the Mesquite ISD Amazing Santa Color 5K Run and Walk. The Track will be open at AC New Middle School on November 14, 2020 at 12:00pm. Susan Cluse, City Manager, announced news received from Commissioner Price that Balch Springs is number one in the Dallas Industrial Market. 2. Update on COVID-19 public health and safety measures, cases, and associated pandemic matters. Brad Harris, Emergency Management, discussed that on November 2, 2020 was one of the highest COVID-19 cases in Dallas County, since July and August. He explained that the City is averaging about 18 cases every (4) days and 35 cases a week. Santosha Pratt, Neighborhood Services/Grants Administration, spoke in regards to the city’s Cares Act funding and their progress in spending and utilizing the funds. INDIVIDUAL ITEMS: 1. Consideration and action regarding approval to appoint Angela Foutz to the Board of Adjustments. Councilmember Hill moved to table the item until the next City Council Meeting on November 9, 2020. 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) NOTICE OF EXECUTIVE SESSION 2. 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 7:35 PM. Susan Cluse, City Manager, requested that the item be in open session. Page 3 of 4 November 2, 2020 Briefing and Regular Meeting Minutes 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. 3. Take action, if any, on matters discussed in Executive Session. Mayor Gordon reconvened into open session at 9:14PM. Councilmember Hill moved to approve the engagement letter for Legal Service with Messer, Fort and McDonald. 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) Councilmember Hill moved to approve the Agreement for Professional Services and Employment for the City Secretary, City Manager and Chief of Police as discussed in Executive Session. 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) 4. Announcements, requests for information, and/or new business to be placed on future agendas. No announcements at this time. 5. Closing prayer – City Councilmember Moon gave the closing prayer. 6. Adjourn - Mayor Gordon adjourned the Regular Meeting at 9:17pm. PASSED AND APPROVED AT A REGULAR MEETING HELD ON DECEMBER 7, 2020. Page 4 of 4 November 2, 2020 Briefing and Regular Meeting Minutes

Agenda

NOTICE AND AGENDA OF BRIEFING AND REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS, TEXAS NOVEMBER 2, 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. Briefing on the Request for Proposals for the proposed development of 13101 Lake June Road, 13301 Lake June Road and 13701 Lake June Road. B. Update on the ordinance amendments: Fence, Loitering, Panhandling, Camping, Itinerant Merchants and associated ordinances. C. City Council Calendar update. 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." Presentation(s): Presentation by the City Council to Mayor Gordon of a Resolution, In Loving Memory of Sarah Jane Forney Home Going of October 9, 2020. 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, attendees shall not use profanity, make negative/offensive gestures, or act in a hostile, harassing, or threatening manner. The Mayor or her designee has the authority to instruct any person conducting themselves in such manner to leave the meeting. Failure to promptly comply may result in law enforcement escorting the person from the property. (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 30, 2020 - Special Meeting 2. October 5, 2020 - Special Meeting 3. October 12, 2020 - Regular Meeting 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. INDIVIDUAL ITEMS: 1. Consideration and action regarding approval to appoint Angela Foutz to the Board of Adjustments. NOTICE OF EXECUTIVE SESSION 2. 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. 3. Take action, if any, on matters discussed in Executive Session. 4. Requests for information, and/or new business to be placed on future agenda(s). (NO ACTION OR DISCUSSION WILL TAKE PLACE.) 5. Closing prayer. 6. 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 City Hall, 13503 Alexander Road, Balch Springs, Texas on the 28th day of October, 2020 at 11:00 AM. 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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