REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS MARCH 13, :00 PM MINUTES

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1 REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS MARCH 13, :00 PM MINUTES Identification of a quorum. Present: Councilmember Moon Councilmember Shelby Mayor Pro Tem 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 Cindy Gross, City Secretary Jon Haber, Police Chief Randy Smith, Fire Chief Chris Dyser, Planning William Freeman, Public Works Director Zac Evans, City Attorney Invocation was given by Pastor Lonnie Goodwin, Fellowship Baptists Church. Pledge to the US Flag and the Texas Flag was led by Troi Cluse, Administrative Assistant. Mayor Marshall welcomes citizens and guests. City Secretary: March 17th - public Hearing on Zoning Re-write at 7pm at City Hall. March 21st - Multifamily Housing Rental Inspection Program, Town Hall Meeting, Civic Center, Elam Road at 7pm. April 4th - Training for all Boards, Committees and Commissions, Civic Center, Elam Road at 6pm. April 29th - Neighborhood Services Repair Affair applications 8am-2pm at Recreation Center. Early Voting by Personal Appearance will be held April 24th - May 2nd at the Balch Springs Civic Center, Elam Road. Presentation(s): Presentation by the Balch Springs City Council to Elishima Myles for her dedication to the City of Balch Springs. 1

2 Mayor Marshall and City Councilmember's presented a plaque to Elishima Myles for her dedication to the City of Balch Springs, Planning and Zoning Commission ( ); Parks and Recreation Advisory Board ( ) and the Balch Springs Citizen Police Academy ( ). Citizen Comments. Speaker: Rinda Mooney, Twin Oaks Dr., Balch Springs, TX Subject: Spoke to City Council regarding the activation fees for water and sewer. Speaker: Billie Gorwood, Quail Drive, Balch Springs, TX Subject: Spoke to City Council regarding the fire department inspection fees. Speaker: George Ullrich, 4614 Pioneer Rd., Balch Springs, TX Subject: Spoke to City Council regarding reconsidering the special use permit for the day care at 4614 Pioneer Rd. Speaker: Tim Wilson, 4636 Pioneer Rd. #3, Balch Springs, TX Subject: Spoke to City Council regarding reconsidering the special use permit for the day care at 4614 Pioneer Rd. Speaker: Howard Williamson, Old Elam Rd., Balch Springs, TX Subject: Spoke to City Council regarding street flooding. Mayor Marshall closed citizen s comments. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. February 27, 2017 Regular Meeting B. City Attorney bill. C. City Prosecutor bill. Councilmember Moon moved to approve the consent agenda. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion REPORTS/UPDATES: 1. Report of the Mayor Marshall, City Councilmember's, City Manager, Police Chief, Fire Chief, and City Secretary regarding any significant event that has occurred since the last regular Council meeting. Police Chief Haber updated the City Council regarding a motorcycle accident that occurred on February 27, 2017, at the 1500 blk S. Beltline Rd. 2

3 Sean Davis, Balch Springs Fire Marshall, gave a presentation to the City Council regarding the structural fire that occurred on February 24, 2017, Texas Pallet Company. Mr. Davis stated that were fire agencies from Seagoville, Mesquite, Combine, Dallas and Dallas County, and the City of Balch Springs Public Works Department and Balch Springs Police Department as well. Mr. Davis stated that an investigation lead by Texas State Fire Marshal's regarding evidence, origin & cause, interviews, photographs, building construction and scene investigations. Mr. Davis would like to give special thanks all agencies for their invaluable assistance. INDIVIDUAL ITEMS: 1. Consideration and action regarding approval to appoint Vanessa Osorio to the Planning and Zoning Commission. Postponed until April 24, 2017 City Council Meeting. 2. Consideration and action regarding approval of a resolution honoring the City of Balch Springs Fire and Police Departments and First Responders from numerous surrounding communities. Councilmember Adams moved to approve a resolution , honoring the City of Balch Springs Fire and Police Departments and First Responders from numerous surrounding communities. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion 3. Consideration and action regarding approval of a contract with Bannister Engineering, for engineering services for a drainage analysis study for infrastructure culvert improvements at Beltline Road, in support of Alexander Village Development. Councilmember Moon moved to approve a contract with Bannister Engineering for engineering, services for a drainage analysis study for infrastructure culvert improvements at Beltline Road, in support of Alexander Village Development. Councilmember Rushing seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, Council recessed at 8:01PM Council reconvened at 8:11PM 4. A. Briefing by city staff on a Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Mr. Dyser stated that the city staff is requesting approval of the Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone 3

4 land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail B. Conduct Public Hearing on a Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Mayor Marshall Opened the Public Hearing at 8:19PM. Howard Williamson, Old Elam Rd.; spoke in opposition of the Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Vanessa Osorio, 4019 Hickory Tree Rd.; spoke in favor of the Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Billie Gorwood, Quail Drive; spoke in favor of the Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Mayor Marshall Closed the Public Hearing at 8:22PM. C. Consideration and action regarding approval of a Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone and currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Councilmember Rushing moved to approve the Rezoning Application No , by Mike Arreguin c/o Vanessa Osorio at 3624 Shepherd Lane to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a retail Mayor Pro Tem Gorwood seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion 5. A. Briefing by city staff on a Rezoning Application No , by Frank Youmans for Lighthouse Property Development LLC, Stuart Gaylor c/o Hutton Company & Mitchell Robinson at Lake June Road to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a cellular communications retail store. Mr. Dyser stated that the city staff is requesting approval of the Rezoning Application No , by Frank Youmans for Lighthouse Property Development LLC, Stuart Gaylor c/o Hutton Company & Mitchell Robinson at Lake June Road to rezone 4

5 land currently zoned Residential (RES) District to Local Retail (LR) District to allow a cellular communications retail store. B. Conduct Public Hearing on a Rezoning Application No , by Frank Youmans for Lighthouse Property Development LLC, Stuart Gaylor c/o Hutton Company & Mitchell Robinson at Lake June Road to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a cellular communications retail store. Mayor Marshall Opened the Public Hearing at 8:25PM. No one spoke in favor or opposition regarding the Rezoning Application No , by Frank Youmans for Lighthouse Property Development LLC, Stuart Gaylor c/o Hutton Company & Mitchell Robinson at Lake June Road to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a cellular communications retail store. Mayor Marshall Closed the Public Hearing at 8:26PM. C. Consideration and action regarding approval of a Rezoning Application No , by Frank Youmans for Lighthouse Property Development LLC, Stuart Gaylor c/o Hutton Company & Mitchell Robinson at Lake June Road to rezone land currently zoned Residential (RES) District to Local Retail (LR) Distric to allow a cellular communications retail store. Councilmember Hill moved to approve a Rezoning Application No , by Frank Youmans for Lighthouse Property Development LLC, Stuart Gaylor c/o Hutton Company & Mitchell Robinson at Lake June Road to rezone land currently zoned Residential (RES) District to Local Retail (LR) District to allow a cellular communications retail store. Councilmember Shelby seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, 6. A. Briefing by city staff on a Special Use Permit Application No , by Mahmoud Kayed Alkam to allow a tire shop and lube for property located at 1499 S. Peachtree Road. Mr. Dyser stated that the city staff is requesting approval of a Special Use Permit Application No , by Mahmoud Kayed Alkam to allow a tire shop and lube for property located at 1499 S. Peachtree Road. B. Conduct Public Hearing on a Special Use Permit Application No , by Mahmoud Kayed Alkam to allow a tire shop and lube for property located at 1499 S. Peachtree Road. Mayor Marshall Opened the Public Hearing at 8:33PM. 5

6 No one spoke in favor or opposition regarding a Special Use Permit Application No , by Mahmoud Kayed Alkam to allow a tire shop and lube for property located at 1499 S. Peachtree Road. Mayor Marshall Closed the Public Hearing at 8:34PM. C. Consideration and action regarding approval of a Special Use Permit Application No , by Mahmoud Kayed Alkam to allow a tire shop and lube for property located at 1499 S. Peachtree Road. Councilmember Rushing moved to approve a Special Use Permit Application No , by Mahmoud Kayed Alkam to allow a tire shop and lube for property located at 1499 S. Peachtree Road. Councilmember Moon seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, 7. Consideration and action to purchase City Council shirts from the council contingency. Councilmember Moon moved to approve City Council shirts from the council contingency. Councilmember Hill seconds the motion. Mayor Pro Tem Gorwood moved to amend the motion at the cost not to exceed $ Councilmember's Moon and Hill accepts the amendment. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, Councilmember Rushing, Councilmember Adams and Councilmember Hill. Motion 8. Consideration and action regarding approval for IT Department to install software, microsoft, internet and install other access to newly purchased computer by Mayor at no cost to the City. Mayor Marshall removed agenda item #8. 9. Consideration and action regarding approval of an ordinance amending Chapter 18 'Business,' Article VII, 'Itinerant Merchants,' to replace the current Article VII with a new article to be entitled 'Itinerant Merchants and Panhandling,' amending the current requirements for the regulation and permitting of Itinerant Merchant. Councilmember Rushing moved to approve an ordinance amending Chapter 18 'Business,' Article VII, 'Itinerant Merchants,' to replace the current Article VII with a new article to be entitled 'Itinerant Merchants and Panhandling,' amending the current requirements for the regulation and permitting of Itinerant Merchant (Ord ). Councilmember Moon seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Mayor Pro Tem Gorwood, 6

7 10. NOTICE OF EXECUTIVE SESSION: Council to hold Executive Session under Sections (Advice of Attorney) and (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 8:44pm. A. Discussion to renew the contractual agreement with the Fire Chief. 11. Take action, if any, on matters discussed in Executive Session. Council reconvened into open session at 9:25pm. No action taken on matters discussed in executive session. 12. Announcements, requests for information, and/or new business to be placed on future agendas. Councilmember Rushing - Designating Peachtree Road as truck route. 13. Closing prayer. Councilmember Hill gave the closing prayer. 14. Adjourn. Mayor Marshall adjourned the council meeting at 9:28PM. PASSED AND APPROVED AT A REGULAR MEETING HELD ON MARCH 27, Mayor City Secretary 7