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
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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
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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.
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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
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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
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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
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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.
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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
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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
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