MINUTES

CITY OF BUNKER HILL VILLAGE

REGULAR MEETING

AUGUST 21, 2007 

Mayor Pro Tem Essary called the regular meeting of the City of Bunker Hill Village to order at 5:00 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas. 

I.                   CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE

Present:                                                                                             Also in Attendance:

Mayor Pro Tem Derry Essary                                                         Ruthie P. Sager, City Administrator

Councilwoman Susan Schwartz                                                    Steve Smith, Director of Public Works

Councilman Dave Ellis                                                                    Kelly Johnson, City Secretary

Councilman Jay Smyre                                                                  John Olson, Attorney

Councilman Keith Brown                                                              Tom Ramsey, P.E., Klotz Associates, Inc

Absent:  Mayor Marshall   

  

II.                JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION REGARDING An ordinance amending appendix a of the code of ordinances of the city of bunker hill village, texas, SAID appendix a BEING THE ZONING ORDINANCE OF THE CITY, BY deleting from article vI thereof All of subsection c of section 6.06 and substituting therefor a new subsection c of section 6.06; proviidng an exception to allow the expansion of a main building into a required side yard provided such expansion does not encroach nearer to the side lot line than the existing main building, but in no event nearer than five (5) feet from a side lot line; proviidng an exception to allow the reconstruction of a vehicular driveway into a required side yard green space provided such reconstruction does not encroach nearer to the side lot line than the previous drivEway, but in no event nearer than one (1) foot from the side lot line; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability.

 

ALL INTERESTED CITIZENS SHALL HAVE THE RIGHT AND OPPORTUNITY TO APPEAR AND BE HEARD ON THE SUBJECT.

 

Mayor Pro Tem Essary introduced Bob Croyle, Vice Chairman of the Planning and Zoning Commission and asked him to introduce Commission members.  Commission members Cooky Mays, Gary Orr and Jacki Lammert were introduced.

Steve Smith briefly summarized the proposed amendment to the Zoning Ordinance.

Mayor Pro Tem Essary invited interested citizens to speak. 

 

No comments.

 

ADJOURN THE PUBLIC HEARING.

 

There being no comments, the Public Hearing was adjourned at 5:08 p.m.  The Planning and Zoning Commission left the meeting and adjourned to another room to conduct their public meeting.

III.             GREET GUESTS, MAYOR’S REPORT

Mayor Pro Tem Essary stated that Mayor Marshall is in the hospital and would not be present at the meeting.

Three Boy Scouts were invited to lead the Pledge of Allegiance. 

A.  DISCUSSION AND POSSIBLE ACTION DECLARING THE OFFICIAL CITY FLAG.

      Mayor Marshall asked that the City Council consider approval of the flag that hangs behind the Council table as the official city flag.

      Motion was made by Councilwoman Schwartz and seconded by Councilman Smyre to designate the official flag of Bunker Hill Village.  Motion carried 5-0.

B.    DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATION TO APPOINT GERALD TEEL (CURRENTLY ON BOARD OF ADJUSTMENT) TO FILL THE VACANCY ON PLANNING AND ZONING COMMISSION CREATED BY THE RESIGNATION OF PAUL ADDINGTON.

Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to appoint Gerald Teel to the Planning and Zoning Commission for the remainder of a two-year term ending July 2009.  Motion carried 5-0.

C.    APPROVAL OF LETTER CONCERNING INSURANCE COOPERATIVE

Mayor Pro Tem Essary stated that Mayor Marshall has requested that the letter he wrote be sent to the other villages stating “As an act of good faith, to keep from being an obstructionist and to be a realist, Bunker Hill Village will resign from the Villages Insurance Cooperative effective August 22, 2007”.

Motion was made by Councilman Brown and seconded by Councilman Ellis to authorize sending the letter to the other villages confirming Bunker Hill’s resignation from the Villages Insurance Cooperative.  Motion carried 5-0.

IV.             JOHN DAVIS, P.E., LANGFORD ENGINEERING

A.        STATUS OF SURFACE WATER FROM THE CITY OF HOUSTON.

Mr. Davis explained that the City of Bunker Hill Village has been unable to take any surface water per the Water Supply Contract between the City of Houston and the City of Bunker Hill Village since June 14, 2007.  This has a direct impact on Bunker Hill’s Harris-Galveston Coastal Subsidence District Permit for ground water withdrawal.  Bunker Hill currently, by contract, takes a minimum 6,000,000 gallons per month from the City of Houston.  He suggested the city send a letter requesting the City of Houston furnish the City of Bunker Hill Village 15,000,000 gallons worth of Class “A” Harris-Galveston Coastal Subsidence District ground water credits because Bunker Hill already uses the maximum 30% Class “B” credits.  

B.    MEETING WITH HARRIS GALVESTON COASTAL SUBSIDENCE DISTRICT REGARDING GROUNDWATER WITHDRAWAL PERMITS.

Mr. Davis also stated that he and Ms. Sager had met with Ron Neighbors at the Subsidence District to inform the District of our situation.  He stated that he would meet with the City of Houston.

V.                CITY ENGINEER’S REPORT

A.    BUNKER HILL ROAD DITCH ENCLOSURE PROJECT

Tom Ramsey stated that the Bunker Hill Road Project will hopefully be completed by mid October but is not scheduled for completion until November 20.

B.  RECONSTRUCTION OF THE INTERSECTION AT MEMORIAL DRIVE AND GESSNER ROAD

      The work at the intersection of Memorial Gessner will be complete by August 27.

C.  UPDATE ON IMPROVEMENTS TO W151.

      Tom Ramsey again told Council that they will soon be under contract with Harris County Flood Control District, along with three other engineering firms, to come up with a defined plan on how drainage improvements will be made to W151.

VI.             CONSENT AGENDA:

“ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION, THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS.  IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.”

A.  MINUTES OF THE FOLLOWING MEETINGS:

1)     JUNE 19, 2007 REGULAR COUNCIL MEETING

2)     JUNE 21, 2007 PUBLIC HEARING

3)     JULY 11, 2007 SPECIAL COUNCIL MEETING

B.    JULY, 2007 FINANCIAL REPORT

C.    LANGFORD ENGINEERING, INC, INVOICE NO. 13352, DATED AUGUST 1, 2007 IN THE AMOUNT OF $545.04 FOR ENGINEERING SERVICES THROUGH JULY 27, 2007.

D.    OLSON & OLSON, LLP, HOURLY RATES FOR LEGAL SERVICES EFFECTIVE OCTOBER 1, 2007.

E.     CALCO CONTRACTING, LTD., PAY ESTIMATE NO 7, REVISED 2, CUT OFF DATE JULY 31, 2007, IN THE AMOUNT OF $530,941.75.

F.     CALCO CONTRACTING, LTD, REQUEST 15 DAYS TIME EXTENTION FOR BUNKER HILL ROAD/MEMORIAL DRIVE SIDEWALK AND DRAINAGE IMPROVEMENTS DUE TO THE RAIN DAYS IN JULY.

G.    CALCO CONTRACTING, LTD., CHANGE ORDER NO. 4 IN THE AMOUNT OF $60,762.00 FOR ADDED BLOCK WALL AND PAVERS TO THE MEDIAN AT MEMORIAL & BUNKER HILL ROAD.

H.    KLOTZ ASSOCIATES, INVOICE 707136 DATED JULY 27, 2007 IN THE AMOUNT OF $5,800 FOR ENGINEERING SERVICES FROM JUNE 16, 2007 TO JULY 15, 2007 IN CONNECTION WITH MEMORIAL AT GESSNER TRAFFIC STUDY.

I.        DESIGNATION OF RUTHIE SAGER, RTA TO CALCULATE AND PUBLISH THE EFFECTIVE AND ROLLLBACK TAX RATES.

Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve the items on the consent agenda.  Motion carried 5-0.

VII.          CITIZENS’ COMMENTS

None

VIII.       CONSIDERATION AND POSSIBLE ACTION REGARDING RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION REGARDING PROPOSED AMENDMENT TO THE ZONING ORDINANCE.

Vice Chairman Croyle stated that the Planning and Zoning Commission recommends approval of the proposed amendments to the Zoning Ordinance with minor clarification of proposed Ordinance No 07-361, Section C, paragraph 2:  “Along side lot lines within a required front yard, a two and one-half foot wide green space shall be maintained.  Notwithstanding the foregoing, a vehicle driveway may be reconstructed with a required front yard green belt if the reconstructed driveway is located no nearer then (i) one (1) foot from the side lot line, or (ii) the distance between the preexisting driveway and the side lot line before reconstruction, whichever encroaches into the required green space the least.”

Ordinance No. 07-361, Section C, paragraph “(4) Notwithstanding the foregoing, the expansion of a main building into a required side yard shall be permitted if the expansion is located no nearer than (i) five feet (5’) from the side lot line, or (ii) the distance between the main building and side lot line before the expansion, whichever encroaches into the required side yard the least.”

IX.             DISCUSSION AND POSSIBLE ACTION REGARDING An ordinance amending appendix a of the code of ordinances of the city of bunker hill village, texas, PROPOSED IN ITEM ii ABOVE.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve accept the recommendation from Planning and Zoning Commission and amend Appendix A of the Code of Ordinances as proposed in Item II above with the suggested change by the Commission.  Motion carried 5-0.

X.                DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, GRANTING TO EXTENET SYSTEMS, INC., THE AUTHORITY AND LICENSE TO PLACE, OPERATE, AND UTILIZE ITS FACILITIES WITHIN PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE PURPOSE OF PROVIDING TELECOMMUNICATIONS SERVICES; MAKING CERTAIN FINDINGS; AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT.

After discussion, motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to table the request from Extenet Systems, Inc and contact a representative to attend the September Council meeting.  Motion carried 5-0.

XI.             DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF BROWN ESTATES PRELIMINARY AND FINAL PLAT CONSISTING OF ONE EXISTING LOT SUBDIVIDED INTO TWO LOTS ON BLALOCK LANE.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Preliminary and Final Plat of the Brown Estates.  Motion carried 5-0.

XII.          DISCUSSION AND POSSIBLE ACTION REGARDING CONVERSION OF WILLIAMSBURG LANE FROM PRIVATE TO PUBLIC.

Mayor Pro Tem Essary stated that Mayor Marshall called him from the hospital stating that it is his opinion that the city has an obligation to the residents on Williamsburg Lane to furnish adequate drainage.  Mayor Pro Tem Essary further stated that the city offered, at an earlier meeting, to pay for drainage if the residents would provide the required easements and approximately $82,720 to pave the roadway.  To date the city has not received the required documentation or the funds.  After a lengthy discussion, including residents of the street, motion was made by Councilman Ellis and seconded by Mayor Pro Tem Essary to direct staff to put together an agreement with the residents to accomplish both the drainage the repaving with the cost split as previously discussed, the city paying for the drainage and the residents paying for the paving and that we handle the one resident who has not agreed to dedicate by virtue of either, a condemnation or design change to allow the plan to happen.  Motion carried 5-0.

XIII.       DISCUSSION AND POSSIBLE ACTION REGARDING ENGINEERING PROPOSAL FOR DRAINAGE IMPROVEMENTS ON WILLIAMSBURG LANE IN THE AMOUNT OF $16,900, INCLUDING SURVEY.

Motion was made by Councilman Ellis and seconded by Councilman Essary to table Item XIII contingent upon fulfilling the requirement that the residents sign the required easements and provide funds to pave the roadway.  Motion carried 5-0.

XIV.       DISCUSSION AND POSSIBLE ACTION CONCERNING DRAINAGAE IMPROVEMENTS ON WILLIAMSBURG IN AN AMOUNT NOT TO EXCEED $148,830.

Motion was made by Councilman Ellis and seconded by Councilman Brown to table Item XIV.  Motion carried 5-0.

XV.          DISCUSSION AND POSSIBLE ACTION TO SET THE DATE FOR A PUBLIC HEARING ON REDUCTION OF TRAFFIC CONGESTION AT THE INTERSECTION OF MEMORIAL DRIVE AND GESSNER ROAD.

Motion was made by Councilman Ellis and seconded by Councilman Essary to set the Public Hearing date for October 2, 2007 at 6:00 p.m.  Motion carried 5-0. 

XVI.       DISCUSSION AND POSSIBLE ACTION CONCERNING IMMEDIATE AND TEMORARY TIMING OF LIGHTS TO ELIMINATE LEFT TURNS NORTHBOUND ON GESSNER ROAD AT MEMORIAL DRIVE DURING RUSH HOURS.

Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to table this item until after the public hearing.  Motion carried 5-0.

XVII.    CITY ADMINISTRATOR’S REPORT

A.  REPORT ON MEETING WITH RESIDENTS ON THE FOLLOWING PRIVATE STREETS:

1.   OUR LANE CIRCLE

2.   STEPPINGSTONE

3.   WINWOOD LANE 

Ms. Sager reported that meetings with the residents on Our Lane Circle, Steppingstone and Winwood Lane were held and the policy for conversion from private to public streets was explained.  To date, residents have not requested that the city proceed with necessary steps for conversion.

B.  ESTIMATED DATE FOR RECEIPT OF CERTIFIED VALUES FROM HARRIS COUNTY APPRAISAL DISTRICT

      Ms. Sager stated that certified values are not expected until September 17.

XVIII. FIRE COMMISSIONER’S REPORT

Derry Essary, Fire Commissioner, reported that a woman in a vehicle on the Katy Freeway had gone into full cardiac arrest and a homeless man was given credit for saving her life.  An attempt is being made to locate him so he can be recognized for his skills in helping to save the woman.

XIX.       POLICE COMMISSIONER’S REPORT

A.  DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF FY 2008 BUDGET IN THE AMOUNT OF $4,003,140.77.  ALLOCATION FOR THE CITY OF BUNKER HILL VILLAGE IS $1,334,380.25.

      Chief Brye and Commissioner Slot answered several questions concerning the increase in the proposed budget.  A motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve funding the City of Bunker Hill Village portion of the FY 2008 Budget for the Village Police Department.  Motion carried 5-0.

B.  POLICE DEPARTMENT ACTIVITIES

      Difficulty in recruiting police officers was discussed at length.

C.  UPDATE ON HEALTH INSURANCE COVERAGE FOR EMPLOYEES

                  Chief Brye stated that the specifications for insurance coverage have been prepared and are in the process of advertising for proposals

D.    POLICE COMMISSION AUTHORIZATION TO REFUND $25,186.33 AS REVENUE DUE BACK TO BUNKER HILL VILLAGE BASED ON THE 2006 YEAR-END FINANCIAL AUDIT.

Councilmember’s acknowledged receipt of the $25,186.33 refund.

XX.          DISCUSSION AND POSSIBLE ACTION AUTHORIZING PLACEMENT OF TWO POLE-MOUNTED RADAR SPEED DISPLAY DEVICES ON GESSNER ROAD AT AN ESTIMATED COST OF $19,560 TO BE PAID FOR WITH METRO FUNDS.

Motion was made by Councilman Ellis and seconded by Mayor Pro Tem Essary for the staff to consult with the Police Department and other experts and make a recommendation to Council for two of the pole-mounted radar speed display devices with the capability of data recording and portability.  Councilman Smyre asked that the effectiveness of the devices be quantified.  Motion carried 5-0.   

XXI.       DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FROM BRIAN & SUZANNE WILLIAMS TO ENCLOSE THE DRAINAGE DITCH IN FRONT OF THEIR PROPERTY AT 309 MAYERLING WITH PIPE AND COVER THE AREA WITH GRASS IN ACCORDANCE WITH CITY GUIDELINES FOR DITCH ENCLOSURE.

Motion was made by Councilman Smyre and seconded by Councilwoman Schwartz to approve the request from Brian & Suzanne Williams to enclose the drainage ditch in front of their property at 309 Mayerling.  Motion carried 5-0.

XXII.    ADJOURN

Motion was made by Councilman Ellis and seconded by Councilman Brown to adjourn the meeting at 7:30 p.m.  Motion carried 5-0. 

Approved and accepted on September 18, 2007. 

 

                                                                                                                                                            ______________________________________

                                                                                                                                                            DERRY D. ESSARY, MAYOR PRO TEM

 

ATTEST:

 

______________________________

Kelly Johnson, City Secretary