[00:00:01]
YOUR LIFE. I WILL GO AHEAD AND CALL THE MEETING TO ORDER. IT IS. I HAVE 5:31 P.M. FIRST ON THE AGENDA. BEFORE WE GET STARTED, I WANT TO RAISE A POINT OF ORDER AND I WANT TO REFER TO EXECUTIVE SESSION UNDER NUMBER FIVE B CONSULTANT CONSULTATION WITH ATTORNEY. IT SAYS THE TOWN COUNCIL. WE'RE NOT THE TOWN COUNCIL. THAT'S JUST SAY THE BOARD OF ADJUSTMENT THERE. AND AT THE END OF THAT WHERE IT SAYS WITH THE TOWN ATTORNEY, I THINK IT SAYS AGAIN WITH THE TOWN COUNCIL, THAT SHOULD BE THE BOARD OF ADJUSTMENTS. AND WE DO FIT UNDER THAT GOVERNMENTAL BODY. AS PART OF THE DEFINITION, AT 551.001, I THINK IT'S UNDER C OR D THERE. SO IF WE CAN CORRECT THAT AS WE GO INTO EXECUTIVE SESSION, WE'RE TALKING ABOUT THE BOARD OF ADJUSTMENT, NOT THE BOARD, THE TOWN COUNCIL. YOU GET TO DECIDE.
YOU GET THIS. OKAY I APPROVE. I DON'T KNOW WHAT I'M SUPPOSED. OKAY. THANK YOU. YES, WE SHOULD CHANGE IT. OKAY. FIRST ON THE AGENDA WOULD BE A BRIEFING FROM THE BUILDING AND STANDARDS TO
[2.A. Briefing - Board of Adjustment (BOA) to act as Building and Standards Commission]
ACT AS A BUILDING AND STANDARDS COMMISSION. ALL RIGHT. SINCE THERE'S NOT A LOT ON THIS AGENDA, WE WANT TO JUST GIVE YOU AN UPDATE ON THIS. YOU'RE BRIEFED AT AT A PAST MEETING RIGHT BEFORE THIS ITEM WAS GOING TO THE PLANNING AND ZONING COMMISSION AND THEN ON TO TOWN COUNCIL FOR FOR APPROVAL. AND JUST WANTED TO GIVE YOU A HEADS UP. THIS IS SOMETHING THAT WOULD ADD, POTENTIALLY ADD ANOTHER DUTY TO THE BOARD OF ADJUSTMENT. YEAH.THAT BRIEFING WAS BACK AT YOUR OCTOBER MEETING. SO THE THE ORDINANCE CREATING THE BUILDING AND STANDARDS COMMISSION AND DESIGNATING THE BOARD OF ADJUSTMENT TO SERVE IN THAT ROLE HAS NOW BEEN APPROVED. JUST AS A REMINDER, IT WAS AN ORDINANCE. IT WAS PROPOSED TO REVISE EXISTING DANGEROUS BUILDING STANDARDS THAT ARE IN ARTICLE 4.04 OF OUR CODE OF ORDINANCES. THE. THE REVISIONS WERE TO INCLUDE INCLUDED UPDATES NECESSARY TO FOLLOW STATE STATUTES AND ENHANCEMENTS TO DUE PROCESS AND CORRECTIONS TO TYPOGRAPHICAL ERRORS, AND THEN ALSO THE CREATION OF THE BUILDING AND STANDARDS COMMISSION. AND ALONG WITH THAT, THERE WAS A RELATED AMENDMENT TO THE UNIFIED DEVELOPMENT CODE, THE SECTION THAT CALLS OUT THE DUTIES OF THE BOARD OF ADJUSTMENT. AND THIS IS THE ONE THAT DESIGNATES THE BOARD OF ADJUSTMENT TO SERVE AS THAT BUILDING AND STANDARDS COMMISSION. SO WE AFTER THAT BRIEFING THAT WAS SCHEDULED TO GO TO THE OCTOBER 21ST PLANNING AND ZONING COMMISSION, THAT WENT VERY SMOOTHLY. THEY CONSIDERED RECOMMENDATION ON JUST THE UDC AMENDMENT PART, WHICH WAS JUST DESIGNATING YOU TO SERVE IN THAT BUILDING AND STANDARDS COMMISSION ROLE. THEY HAD NO ONE SPEAK AT THEIR PUBLIC HEARING, AND THEY RECOMMENDED APPROVAL UNANIMOUSLY. THEN IT WENT TO THE NOVEMBER 13TH TOWN COUNCIL MEETING. THERE THEY HELD A PUBLIC HEARING. THEY HAD A COUPLE SPEAKERS THAT WERE OPPOSED TO IT. THE ITEM WAS TABLED TO KIND OF BETTER EVALUATE THE CHANGES, WHICH REVISED EXISTING REGULATIONS. I THINK THERE'S A MISUNDERSTANDING THAT THIS WAS SOME NEW STANDARDS. THESE ARE THESE ARE REGULATIONS WE'VE HAD IN PLACE FOR 20 PLUS YEARS. AND THIS WAS JUST UPDATING THOSE.
SO WE PROVIDED A MARKUP SHOWING THOSE LIMITED CHANGES FROM THE EXISTING CODE. YOU HAVE THAT IN YOUR PACKET. AND THEN THEN AFTER TABLING IT WENT BACK TO TOWN COUNCIL TO DECEMBER 11TH, A MEETING. AND THEY DID APPROVE THE ORDINANCE, MADE A COUPLE SMALL AMENDMENTS AS IT WAS PRESENTED, BUT IT WAS APPROVED. SO NOW YOU HAVE THAT NEW DUTY AS THE BUILDING STANDARDS COMMISSION. HOPEFULLY YOU DON'T GET TO USE IT VERY MUCH, BUT IT IS THERE AS A TOOL FOR KIND OF THE WORST CASE SCENARIOS. AND THERE WERE SOME SOME OF THE CONCERNS THAT WERE BROUGHT UP IS DURING THE APPROVAL PROCESS, WAS CONCERNS ABOUT POTENTIAL ABUSE AND MISUSE OF THE ORDINANCE. WE'RE. MOST OF OUR CODE ENFORCEMENT IS IS MOSTLY COMPLAINT BASED. THERE ARE SOME CONCERNS THAT IF YOU JUST HAVE FEUDING NEIGHBORS, YOU COULD HAVE COMPLAINTS THAT AREN'T LEGITIMATE. AND TAKING THEM THROUGH THIS PROCESS. STAFF WORKS WITH PROPERTY OWNERS ON
[00:05:05]
ANY CODE CASE AND TRIES TO GET COMPLIANCE AND WORKS. GIVES LOTS OF TIME, MULTIPLE TIMES.AND SO IT'D BE A WORST CASE SCENARIO WHERE THEY'RE NOT DOING ANYTHING IN. THERE REALLY IS A PROBLEM IF IT EVER GETS TO YOU, BUT JUST WANTED TO MAKE YOU AWARE THAT IS A CONCERN THAT YOU WANT TO KNOW. THE TOWN COUNCIL SHARED THAT CONCERN TO. AND THEN THERE'S ALSO MENTION OF NOT WANTING IT TO BE USED TO MOVE AGRICULTURAL STRUCTURES. IF THERE MAY BE A SOMEWHAT DILAPIDATED BARN. YOU KNOW, THAT'S KIND OF A IT'S KIND OF RURAL, ISN'T IT? AND THAT'S KIND OF WHAT THE WE'VE HEARD FROM OUR RESIDENTS. AND COUNCIL WANTS TO PRESERVE. SO THAT IS NOT REALLY THAT'S NOT THE INTENTION OF THIS ORDINANCE. IT COULD POTENTIALLY BE USED IN A CASE LIKE THAT, BUT IT WOULD HAVE TO BE SOMETHING WHERE WE RECEIVE COMPLAINTS ARE ON IT OR IT MAY BE USED, MAYBE SOMETHING THAT HOMELESS PEOPLE ARE LIVING OUT OF OR SOMETHING THAT'S NOT NOT SECURED OR SOMETHING LIKE THAT. BUT BUT IN GENERAL, IT'S NOT INTENDED TO GO AFTER THOSE TYPE OF STRUCTURES. SO I JUST WANTED TO BRING THOSE THINGS UP AND LET YOU KNOW THIS IS APPROVED AND YOU MAY START SEEING SOME OF THESE. THANK YOU. NATHAN, DOES ANYONE HAVE ANY QUESTIONS FOR NATHAN? YEAH. NATHAN I A COUPLE OF THINGS I NOTICED IS THAT WE MOVED FROM IT'S CALLED A COMMISSION, NOT A BOARD. AND THEN I NOTICED A COUPLE TIMES IN THERE, USED THE WORD APPEAL. BUT I DON'T SEE ANYTHING IN THERE THAT TALKS ABOUT THE PROCESS OF AN APPEAL.
DOES THE APPEAL GO THE SAME WAY AS OUR BOARD OR IT HAS TO GO TO SUPERIOR COURT, OR IS THERE ANOTHER APPEAL FOR THAT COMMISSION? YEAH. SO AN APPEAL FROM THE BUILDING STANDARDS COMMISSION WOULD GO TO THE DISTRICT COURT. OKAY. ALL RIGHT. IT JUST DOESN'T SAY THAT IN THERE. YEAH. SO THAT'S THAT WOULD BE IN THE STATUTE. SO SO WHEN YOU'RE WHEN WE TRIED TO DISTILL THE STATUTES DOWN. SO WHAT YOU'RE LOOKING AT IS LOCAL GOVERNMENT CODE IF YOU'RE INTERESTED IN GOING AND LOOKING AT IT, LOCAL GOVERNMENT CODE CHAPTER 214 AND ALSO 54. OKAY.
AND IN THOSE CHAPTERS IT SPELLS OUT THE PROCESS FOR AN APPEAL. NOW THEY'LL HAVE 30 DAYS FROM THE BOARD'S DECISION TO APPEAL TO THE DISTRICT COURT. WOULD WE BE A BOARD OR COMMISSION AT THE COMMISSION? OKAY, I YEAH, BOARD, BOARD, COMMISSION, BOARD OF ADJUSTMENT ACTING AS A COMMISSION. YEAH, THAT'S RIGHT. BOARD OF ADJUSTMENT. YES. WHEN YOU ARE PUTTING ON YOUR YOUR BSC BUILDING STANDARD COMMISSION HAT YOU ARE A COMMISSION. OKAY. ALL RIGHT. SO THE, THE BUILDING STANDARD COMMISSION IS THE STATUTORY LANGUAGE. THAT'S WHY WE USED IT OKAY. NATHAN I JUST QUICK QUESTION SOME OF OUR SURROUNDINGS. SOME OF OUR SURROUNDINGS. HOW IS THIS. YES ON OUR SOME OF THE SURROUNDING COMMUNITIES, DO THEY HANDLE THIS LIKE THEIR STANDARDS, BUILDING STANDARDS THE SAME WAY THROUGH THE BOARD? I MEAN, OR IS THEY CREATED THEIR OWN TYPE OF UNIT? I'M NOT 100% SURE MOST LARGER CITIES WILL HAVE THEIR OWN SEPARATE BUILDING STANDARDS COMMISSION, BUT I THINK IT'S SOMEWHAT COMMON FOR SMALLER COMMUNITIES TO USE THE BOARD OF ADJUSTMENT IN THIS WAY. YEP. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR NATHAN AS HE WALKS AWAY? OKAY. THANK YOU. AND NOW WE WILL GO AHEAD AND OPEN FOR PUBLIC INPUT FOR ANY CITIZENS TO ADDRESS THE BOARD. THERE IS NO PUBLIC INPUT, SO WE
[4.A. Consider approval of meeting minutes for December 2, 2025]
WILL CLOSE THAT. NEXT ON THE AGENDA ARE ACTION ITEMS ACTION. THE FIRST ACTION ITEM IS TO CONSIDER THE APPROVAL OF MEETING MINUTES FOR DECEMBER 2ND, 2025. I'LL MAKE A MOTION[4.A. VOTE]
TO APPROVE THEM AS WRITTEN. I'LL SECOND THE MOTION. I'LL APPROVE. YOUR BUILDING SYSTEMS AND WE HAVE TO USE A VOTING THING. OKAY? OKAY. MR. MAJOR LOSER, YOU VOTE AND THEN YOU SAVE IT. IT'S A TWO STEP. IT WAS SAVED. ASHAMED OF THEM. SO PERFECT. NEXT ACTION ITEM ON[4.B. Consider ratification of an agreement between the Town of Northlake, Texas, the Northlake Board of Adjustment, and Media Choice, LLC ("Media Choice"), regarding Case # 25-VBOA00005]
THE AGENDA. CONSIDER RATIFICATION OF AN AGREEMENT BETWEEN THE TOWN OF NORTH LAKE.[00:10:02]
BOARD OF ADJUSTMENT AND MEDIA CHOICE REGARDING CASE NUMBER 25 BB0A00005. DO Y'ALL WANT A BRIEFING? OKAY. ALL RIGHT. SO AFTER WE WE MET AND Y'ALL DECIDED TO DENY THE REQUEST FOR A PERMIT, TEXDOT APPROVED THE REQUEST ON THEIR SIDE. IN ADDITION TO THAT, WE'VE ALSO UPDATED THE TOWN'S ORDINANCES TO TO BE MORE IN LINE WITH STATE LAW SO THAT IF THERE'S A CONFLICT, IT WILL DEFER TO THE TEXAS POWER AND AUTHORITY TO REGULATE SIGNS ALONG. AND REALLY, WHAT YOU'RE DEALING WITH IS THE MAIN THE PRIMARY HIGHWAY, I-35, WHERE TXDOT ULTIMATELY HAS AUTHORITY. SO WHAT WE DID WAS WE ENTERED INTO A TOLLING AGREEMENT FIRST, AND THAT TOLD THE THE TIME PERIOD FOR THEM TO APPEAL YOUR DECISION SO THAT THEY WOULD NOT SUE THE TOWN AND THE BOARD OF APPEALS. AFTER THE THE TXDOT MADE THEIR DECISION, WE ENTERED INTO A SETTLEMENT AGREEMENT. THE REASON WHY IT WAS DONE BEFORE WE COULD MEET IS BECAUSE THEY HAD A STATUTORY DEADLINE TO FILE A LAWSUIT, AND SO WE WANTED TO MAKE SURE THAT WE HAD THE SETTLEMENT AGREEMENT IN PLACE FIRST, AND THEN YOU WOULD RATIFY IT LATER. DOES ANYONE HAVE ANY QUESTIONS ON THE SETTLEMENT AGREEMENT? I JUST HAD ONE QUESTION. IT SAID THAT YOU MET WITH THE THE CHAIRMAN OF THE BOARD HERE, AND THEN IT REFERRED TO A SECTION THAT ALLOWED THAT, AND I COULDN'T FIND THAT SECTION ANYWHERE WHERE IT ALLOWED THAT TO HAPPEN.I JUST WANTED TO READ IT, THAT'S ALL. NOT THAT I'M CONTESTING THE TOLLING AGREEMENT. YEAH, IT'S IT'S SOMEWHERE IN THE MINUTES OR SOMEWHERE THAT SAID OR OR THE SETTLEMENT AGREEMENT. OH YEAH. THE UDC CODE OR SOMETHING THAT ANY I WHEN I LOOKED IT UP IT SAID SOMETHING ABOUT A MEDICAL THING OR SOMETHING. SO I JUST WANTED TO READ THAT THAT'S ALL.
JUST FROM MY OWN. WAS THAT UDC AMENDMENT ON THE BILLBOARD SIGN REGULATION? YEAH. THE MEETING THAT THEY HAD TO APPROVE THE SETTLEMENT. YEAH. I COULD PROBABLY FIND. OH, YOU MIGHT BE, YOU MIGHT SEEING MINUTE BE SEEING MINUTES THAT INCLUDED OTHER ACTIONS. I'LL FIND IT OKAY. OKAY. YEAH. LET ME KNOW. UNIFIED DEVELOPMENT CODE I THINK THAT'S WHAT IT WAS. BUT I LOOKED IT UP AND I CAN'T FIND IT. I BELIEVE IT'S SECTION 11.18. IS THAT RIGHT? ANYTHING OF THE UDC? OKAY. WE AMENDED. THANK YOU, THANK YOU. YES. QUESTION. DID WE HAVE ANY KIND OF A BUSINESS ARRANGEMENT? THE GENTLEMAN WANTED TO SIGN UP THERE. INITIALLY, I HEARD SOMETHING ABOUT POSSIBLY BUILDING A STRUCTURE THERE ALSO. YEAH. SO THERE WAS A 380 AGREEMENT. NOT WITH THE IF YOU RECALL, THE GENTLEMAN, THE PROPERTY OWNER THAT CAME AND SPOKE NOT WITH THE BILLBOARD COMPANY. THERE WAS NO AGREEMENT WITH THEM. BUT THERE IS AN AGREEMENT WITH THE PROPERTY OWNER FOR THEM TO DEVELOP THE PROPERTY PURSUANT TO AN AGREEMENT, ECONOMIC DEVELOPMENT AGREEMENT WITH THE CITY OR THE TOWN. EXCUSE ME. DO WE HAVE ANY OTHER QUESTIONS? IF NOT, WE'LL GO AHEAD AND PUT IT UP FOR VOTE. YOU. SORRY. SECOND MOTION. NO.
[4.B. VOTE]
I MOVE THAT WE RATIFY THE SUBJECT. MOTION THAT WE'RE DISCUSSING. RATIFY THE SETTLEMENT AGREEMENT. SECOND.THE ITEM PASSED. NEXT ON OUR AGENDA IS EXECUTIVE SESSION. DO YOU NEED ANY FURTHER CLARIFICATION? WE DO NOT NEED AN EXECUTIVE SESSION. SO WE WILL GO AHEAD AND
* This transcript was compiled from uncorrected Closed Captioning.