Balch Springs council repeals political‑advertising rule, approves PID bond memorandum and several land‑use and labor items

Balch Springs City Council members on April 14 voted to repeal a municipal ordinance on political advertising, approved a resolution authorizing a preliminary offering memorandum for special assessment revenue bonds tied to Public Improvement District No. 1 (the Mackenzie Trails project), and took final action on multiple zoning and development items including a daycare specific use permit and a mixed‑use planned development.

The repeal of section 2‑48 of the city code removes what the city attorney described as an “overbroad” restriction on political expression on city property and reserves the section for future use. City Attorney Gorfida told the council the text in the code could be interpreted to prohibit a resident from entering city facilities wearing a campaign T‑shirt or driving a vehicle displaying campaign signage, and that portions of the provision likely violated the First Amendment. Council Member Whitley moved to repeal the section; Council Member Hill seconded the motion. The measure passed 4‑2 (Yes: Hill, Garcia, Whitley, Mayor Pro Tem Miles; No: Gabriel, Salau).

The council also approved a resolution to publish a preliminary limited offering memorandum for the sale of special assessment revenue bonds tied to Balch Springs Public Improvement District No. 1, which will monetize assessments on the Mackenzie Trails subdivision. Jim Sabonis of Hilltop Securities, the city’s financial adviser, told the council the bond documents disclose the city’s role in levying and collecting assessments and that the full financial liability for the bonds rests with the property owners through liens on the land. Sabonis said the district covers roughly 35.2 acres and 80 homes and explained estimated homeowner payments and lien amounts, noting the offering document will be reviewed by the Texas Attorney General’s municipal bond review before closing. Council Member Whitley made the motion; Mayor Pro Tem Miles seconded. The resolution passed 5‑1 (Yes: Hill, Garcia, Whitley, Mayor Pro Tem Miles, Salau; No: Gabriel). Sabonis told the council the expected bond closing timeline would allow a closing about 15 working days after submission, with a likely closing date of May 21 if approvals proceed.

On land use and development matters, the council approved a specific use permit for Divine Care, a proposed daycare at 3475 South Beltline Road. Planning staff Jordan Ott reported the existing 4,500‑square‑foot building would be remodeled, include a fenced playground, about 14 parking spaces, and provide infant care, after‑school care and special‑needs services for up to about 20 children; staff recommended approval subject to 14 standard conditions. The SUP was approved by voice vote (recorded Yes votes for Council Members Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles and Salau).

The council considered several rezoning cases and development agreements. A rezoning request to allow a warehouse at 11327 Allenbaugh Drive was defeated (motion failed 4‑2: Yes — Whitley, Salau; No — Hill, Garcia, Gabriel, Mayor Pro Tem Miles). By contrast, the council approved a planned development rezoning and associated development agreement for property at 12902–12904 Timothy Lane to allow a mixed‑use project (retail on Elam Road and medium‑density residential behind); the rezoning and related development agreement included requirements for an 8‑foot trail connection, a right‑turn lane in a second phase, and a public improvement district for long‑term maintenance. The planned development and development agreement were approved by the council (recorded Yes votes included Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles and Salau).

The council also approved a rezoning and comprehensive‑plan amendment for a single‑family subdivision at 630 Edgeworth (17 homes, minimum 1,500 square feet each, minimum lot size ~5,000 square feet) and accepted a developer contribution (staff described a roughly $1 million capital improvement estimate and required on‑site detention, water/sewer extensions and two new fire hydrants). The rezoning and comprehensive plan amendment were approved by recorded votes on the motion (recorded Yes votes included Garcia, Gabriel, Whitley, Mayor Pro Tem Miles and Salau; the public record shows affirmative action by council members on the motion). A separate rezoning request for a small warehouse at Allenbaugh that would have allowed storage of construction materials failed.

Other council actions included approval of a meet‑and‑confer agreement with the Balch Springs Police Association covering 10/01/2024–09/30/2026 (mover: Council Member Salau; second: Council Member Whitley; recorded votes: Hill Yes, Garcia Yes, Gabriel Yes, Whitley Yes, Miles Yes, Salau Yes), and approval of the city manager’s proposed 2025 training plan and budget line of $6,495 (mover: Council Member Whitley; amended motion to include $6,495 by Mayor Pro Tem Miles; recorded affirmative votes from present council members).

Votes at a glance

- Repeal ordinance, Code §2‑48 (political advertising). Motion: approve repeal. Mover: Council Member Whitley. Second: Council Member Hill. Outcome: passed 4‑2 (Yes: Hill, Garcia, Whitley, Mayor Pro Tem Miles; No: Gabriel, Salau).

- Resolution: preliminary limited offering memorandum for sale of special assessment revenue bonds (Balch Springs PID No. 1, Mackenzie Trails). Motion: approve resolution. Mover: Council Member Whitley. Second: Mayor Pro Tem Miles. Outcome: passed 5‑1 (Yes: Hill, Garcia, Whitley, Mayor Pro Tem Miles, Salau; No: Gabriel).

- SUP 001‑2025 (Divine Care daycare, 3475 S. Beltline Rd.; 4,500 sq ft; up to ~20 children). Motion: approve SUP ordinance subject to 14 conditions. Mover: Council Member Whitley. Second: Council Member Salau. Outcome: passed (recorded Yes votes: Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles, Salau).

- Rezoning 002‑2025 (11327 Allenbaugh Drive — to Industrial for a warehouse). Motion: adopt ordinance to rezone. Mover: Council Member Whitley. Second: Council Member Salau. Outcome: failed (Yes: Whitley, Salau; No: Hill, Garcia, Gabriel, Mayor Pro Tem Miles).

- Rezoning 005‑2025 and related PD (12902 Timothy / 12904 Timothy Lane — mixed‑use planned development). Motion: adopt ordinance to rezone to Planned Development. Mover: Mayor Pro Tem Miles. Second: Council Member Garcia. Outcome: passed (recorded Yes votes: Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles, Salau).

- Rezoning and comprehensive plan amendment 006‑2025 (630 Edgeworth — planned single‑family subdivision, 17 homes). Motion: adopt ordinance and comp‑plan amendment. Mover: Council Member Garcia. Second: Council Member Whitley. Outcome: passed (recorded Yes votes included Garcia, Gabriel, Whitley, Mayor Pro Tem Miles and Salau; council recorded motion as passed).

- Development agreement (Donahue Construction LLC / SVN Trinity Advisors) for mixed‑use project at 12904 Timothy Lane. Motion: approve development agreement. Mover: Council Member Garcia. Second: Council Member Hill. Outcome: passed (recorded Yes votes: Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles, Salau).

- Meet‑and‑confer agreement with Balch Springs Police Association (10/01/2024–09/30/2026). Motion: approve agreement. Mover: Council Member Salau. Second: Council Member Whitley. Outcome: passed unanimously (recorded Yes votes: Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles, Salau).

- City manager training plan 2025 (budgeted $6,495). Motion: approve training and associated amount. Mover: Council Member Whitley (amended amount motion by Mayor Pro Tem Miles). Outcome: passed (recorded Yes votes: Hill, Garcia, Gabriel, Whitley, Mayor Pro Tem Miles, Bridal).

What this means next

- The city attorney and staff will finalize the repeal language and reserve section 2‑48 in the code for future use. The city attorney noted state election law and sign ordinances remain in force for campaign signs and electioneering at polling places.

- If investors express interest and the city submits the executed offering materials, the Texas Attorney General’s municipal bond review will examine the PID bond proceedings before closing; the financial adviser indicated a likely closing window in late May, contingent on the AG review and investor pricing.

- Approved rezoning and development agreements will proceed to platting, engineering review and the permitting process; staff must confirm final construction and infrastructure timing during plan review.

Council members and staff who spoke on these items stressed the city’s need to balance legal compliance, infrastructure financing and growth that aligns with the city’s Elam Road downtown/city‑center plan.

(Reporting below cites remarks recorded in the council meeting transcript.)