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Item 5A (2)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JULY 20, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss; and Councilmembers Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris. STAFF PRESENT City Manager Billy Campbell, Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Pam Jordan, Director of Community Services Malcolm Jackson, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Fire Marshal David Barnes, Chief of Administration Garland Wilson, Chief Building Official Paul Ward, Plans Examiner Chuck Bloomberg, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, Construction Manager Clayton Redinger, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:29 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 8B to table to August 17, 2004, 9A, 9B to table to August 3, 2004, 10C and IOD were added to the consent agenda. The work session ended at 6:19 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:19 p.m. Agenda Item No. 2A. Executive Session Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:19 p.m. Executive Session began at 6:30 p.m. and ended at 7:20 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page I of 9 7:22 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No action was necessary. Agenda Item No. 3. Invocation The invocation was given by Matt Oxley from Met Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. Councilmember Jones thanked resident Scott O'Donnell of O'Donnell's Landscaping who volunteered his time and plantings to enhance the landscaping at the Senior Center. Agenda Item No. 4B. City Manager's Report None. Agenda Item No. 4C. Financial Report: A written report was included in Council's packet. Agenda Item No. 4D. School District Report: Carroll Independent School District Board President Dale Crane addressed issues affecting the school district. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 8A. Ordinance No. 480 -XX, 1 St Reading, An amendment to Zoning Ordinance No. 480, Section 44, Board of Adjustment, as amended, changing the number of alternate members of the Zoning Board of Adjustment from two members to four members Director Payne presented this item to Council during the work session. Agenda Item No. 8B. Ordinance No. 480 -441, 1 St Reading (ZA04 -029) Zoning Change and Site Plan for Lot 1R, Block 1, Gateway Church Addition located at 2121 East Southlake Boulevard. Current Zoning: CS Community Service District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8. The applicant requested to table this item until the August 17, 2004, City Council meeting. Agenda Item No. 9A. Resolution No. 04 -033, Approving a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for construction of intersection improvements with deceleration lanes along FM 1709 from Jellico Circle West to Bank Street. Director Farahnak presented this item to Council during the work session. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ADDRESSING FUNDING PARTICIPATION LEVEL AND PROJECT SCOPE FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS WITH DECELERATION LANES AT VARIOUS LOCATIONS UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 2 of 9 ALONG FM 1709 FROM JELLICO CIRCLE WEST TO BANK STREET WITHIN THE CITY OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9B. Resolution No. 04-055, a member to the Joint Drug and Alcohol Awareness Committee to fill the unexpired term of Brad Bartholomew, until May 2005. Tabled until the August 3, 2004, City Council meeting. Agenda Item No. IOC. Approval of minute order pertaining to application of Impact Fee Charges to the Lakewood Ridge and Indian Creek Subdivisions. Director Payne presented this item to Council during the work session. Agenda Item No. lOD. Authorize the Mayor to enter into an agreement with Lee Lewis Construction, Inc., as Construction Manager Agent for the North DPS Facility. Director Black presented this item to Council during the work session. Motion was made to approve consent agenda Items 8A; 8B to table to the August 17, 2004, City Council meeting; 9A; 9B to table to the August 3, 2004, City Council meeting; 10C and lOD. Motion: Terrell Second: Muzyka Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum No one spoke. Agenda Item No. 7A. Ordinance No. 868, 2 nd Reading, Adoption of the 2003 International Building Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE - AND TWO - FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES), IN THE CITY OF SOUTHLAKE AND PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 3 of 9 No one spoke during the public hearing. Motion was made to approve Ordinance No. 868, 2 ` Reading, Adoption of the 2003 International Building Code Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7B. Ordinance No. 869, 2nd Reading, Adoption of the 2003 International Energy Conservation Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING THE 2003 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER - HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE AND; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 869, 2nd Reading, Adoption of the 2003 International Energy Conservation Code. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7C. Ordinance No. 870, 2nd Reading, Adoption of the 2003 International Fire Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 15, ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 4 of 9 THE CITY OF SOUTHLAKE, TEXAS BY ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 817 AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 870, 2nd Reading, Adoption of the 2003 International Fire Code. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7D. Ordinance No. 871, 2nd Reading, Adoption of the 2003 International Fuel Gas Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2003 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 871, 2nd Reading, Adoption of the 2003 International Fuel Gas Code. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7E. Ordinance No. 872, 2nd Reading, Adoption of the 2003 International Mechanical Code. Director Black presented this item to Council. In UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 5 of 9 accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2003 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 872, 2 nd Reading, Adoption of the 2003 International Mechanical Code. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7F. Ordinance No. 873, 2 nd Reading, Adoption of the 2003 International Plumbing Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2003 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 873, 2 nd Reading, Adoption of the 2003 International Plumbing Code. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 6 of 9 Agenda Item No. 7G. Ordinance No. 874, 2nd Reading, Adoption of the 2003 International Residential Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE - AND TWO - FAMILY DWELLINGS, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL ONE - AND TWO - FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES) IN THE CITY OF SOUTHLAKE AND PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 874, 2 Reading, Adoption of the 2003 International Residential Code. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7H. Ordinance No. 875, 2 Reading, Adoption of the 2002 National Electrical Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE ADOPTING NFPA 70, THE NATIONAL ELECTRICAL CODE 2002 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 875, 2 Reading, Adoption of the 2002 National Electrical Code. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 7 of 9 Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 7I. Ordinance No. 876, 2nd Reading, Adoption of the Property Maintenance Code. Director Black presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE AMENDING REGULATIONS APPLICABLE TO SUBSTANDARD AND DANGEROUS BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR A CIVIL PENALTY; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT THE AUTHORITY OF THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE No one spoke during the public hearing. Motion was made to approve Ordinance No Maintenance Code. Motion: Jones Second: Terrell 876,2 nd Reading, Adoption of the Property Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Auenda Item No. 8C. Ordinance No. 480 -442. 1 st Reading (ZA04 -028) Zoning Chanize and Site Plan for Southlake Westwood Office Park located at 3100 West Southlake Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S -P -1 Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #15. Senior Planner Killough presented this item to Council during the work session. Applicant Scott Simmons, 1400 Laurel Lane, Southlake, Texas, was present to answer Council's questions. Motion was made to approve Ordinance No. 480 -442, 1 st Reading (ZA04 -028) Zoning Change and Site Plan for Southlake Westwood Office Park subject to Revised Site Plan Review Summary No. 3, dated July 14, 2004, as approved by the Planning and Zoning Commission. Motion: Terrell Second: Muzyka Ayes: Jones, Muzyka, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 8 of 9 Nays: None Approved: 4 -0 Agenda Item No. 10A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Council took no action on this item. Agenda Item No. lOB. Consider SPO4 -124, Variance to Sign Ordinance No. 704 -B, Fitness In Motion, located at 2707 East State Highway 114, Suite 110. Senior Planner Killough presented this item to Council. Applicant Gary Gleninger answered Council's questions. Motion was made to approve SPO4 -124, Variance to Sign Ordinance No. 704 -13, Fitness In Motion, located at 2707 East State Highway 114, Suite 110, reducing the letter height on the word, "Fitness," to 23 inches on the east sign and approving all other letters as requested. Motion: Terrell Second: Jones Ayes: Jones, Muzyka, Terrell, Wambsganss Nays: None Approved: 4 -0 Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 8:11 P.M. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2004 Page 9 of 9