CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE

CITY OF BUNKER HILL VILLAGE, TEXAS

JANUARY 15, 2008

Mayor Essary called the regular meeting of the City Council 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 Derry D. Essary Loren Smith, Attorney

Councilman Keith Brown Ruthie Sager, City Administrator

Councilwoman Susan Schwartz Steve Smith, Director of Public Works

Councilman Dave Ellis Kelly Johnson, City Secretary

Councilman Position IV Vacant Katherine Mears, Klotz Associates

Councilman Jay Symre

A boy scout from Troop 641 led the pledge of allegiance.

II. GREET GUESTS, MAYOR’S REPORT

A. MEETING WITH HARRIS COUNTY FLOOD CONTROL DISTRICT NOVEMBER 27, 2007 REGARDING IMPROVEMENTS TO W151

Mayor Essary stated that he, Dave Ellis and Ruthie Sager met with Mike Talbott and Steve Fitzgerald at the Harris County Flood Control District on Nov 27 regarding W151. The Flood Control announced that they have kicked off the implementation portion of the W151 Study to reduce flooding risks in the area adjacent to the W151 channel. Mayor Essary said that in his opinion the funding would involve the city of Houston the city of Bunker Hill, Harris County Flood Control, the Tax Increment Reinvestment Zone and Metro National.

B. NO VIOLATIONS DOCUMENTED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) DURING THEIR COMPREHENSIVE COMPLIANCE INVESTIGATION OF BUNKER HILL’S PUBLIC WATER SUPPLY SYSTEM.

Steve Smith reported that on September 11, 2007, the TCEQ inspected the water system to make sure our citizens are receiving good quality water. The letter from TCEQ, dated October 4, 2007 states that no violations were documented during the investigation.

C. MEETING HELD JANUARY 8, 2008 AT THE CITY OF SPRING VALLEY VILLAGE REGARDING TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS)

Mayor Essary stated that he attended a meeting in January hosted by Spring Valley Village. Eric Davis, Deputy Executive Director of the TMRS was present to explain the changes that are occurring in the system. The Mayor explained that this will have significant impact on the city’s budget in the next fiscal year. The basic change is the way they are investing. TMRS is gradually diversifying its investment portfolio from its current fixed income strategy (bonds) to a more diversified portfolio that will contain both stocks and bonds, with a target of 6% in domestic and 6% in foreign indexed stocks by the end of 2008.

D. UPDATE REGARDING FUNDING OF METRO PROJECT

Mayor Essary stated that he feels very fortunate that the city has received funding for all of our major projects because it appears that METRO will not be coming forth with additional funds at least through 2010 and possibly 2012.

E. DISCUSSION AND POSSIBLE ACTION REGARDING PROCLAMATION FOR NATIONAL YOUTH ART MONTH DURING THE MONTH OF MARCH, 2008

At the request of the Texas Art Education Association and the Spring Branch ISD art teachers within Bunker Hill Village, Mayor Essary read a Proclamation stressing the importance of art in education and in recreation.

Motion was made by Councilwoman Schwartz and seconded by Councilman Smyre to approve the Proclamation for National Youth Art Month. Motion carried 4-0.

III. 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:

NOVEMBER 20, 2007

B. DECEMBER 2007 FINANCIALS

C. KLOTZ ASSOCIATES, INVOICE 1107099 DATED NOVEMER 28, 2007 IN THE AMOUNT OF $3,079.40 FOR SERVICES RENDERED FROM OCTOBER 16, 2007 TO NOVEMBER 15, 2007 IN CONNECTION WITH W151 MODELING AND ATTENDANCE AT THE OCTOBER PUBLIC MEETING.

D. KLOTZ ASSOCIATES, INVOICE 1107101 DATED NOVEBER 28, 2007 IN THE AMOUNT OF $4,305.00 FOR SERVICES RENDERED FROM OCTOBER 16, 2007 TO NOVEMBER 15, 2007 IN CONNECTION WITH WILLIAMSBURG LANE STORM WATER IMPROVEMENT PROJECT.

E. KLOTZ ASSOCIATES, INVOICE 1107102 DATED NOVEMBER 28, 2007 IN THE AMOUNT OF $2,069.10 FOR SERVICES RENDERED FROM OCTOBER 16, 2007 TO NOVEMBER 15, 2007 IN CONNECTION WITH BUNKER HILL ROAD/MEMORIAL DRIVE SIDEWALK AND DRAINAGE IMPROVEMENTS.

F. KLOTZ ASSOCIATES, INVOICE 1207031 DATED DECEMBER 19, 2007 IN THE AMOUNT OF $1,890.00 FOR SERVICES RENDERED FROM NOVEMBER 16, 2007 TO DECEMBER 15, 2007 IN CONNECTION WITH WILLIAMSBURG LANE STORM WATER IMPROVEMENT PROJECT.

G. KLOTZ ASSOCIATES, INVOICE 1207032 DATED DECEMBER 21, 2007 IN THE AMOUNT OF $1,886.52 FOR SERVICES RENDERED FROM NOVEMBER 16, 2007 TO DECEMBER 15, 2007 IN CONNECTION WITH BUNKER HILL ROAD/MEMORIAL DRIVE SIDEWALK AND DRAINAGE IMPROVEMENTS.

H. KLOTZ ASSOCIATES, INVOICE 1207030 DATED DECEMBER 19, 2007 IN THE AMOUNT OF $2,072.95 FOR SERVICES RENDERED FROM NOVEMBER 16, 2007 TO DECEMBER 15, 2007 IN CONNECTION WITH GESSNER ROAD IMPROVEMENTS.

Motion was made by Councilman Ellis and seconded by Councilman Brown to approve all items on the consent agenda. Motion carried 4-0.

IV. CITIZENS’ COMMENTS

Ed Hanson, 243 Gessner, presented an analysis of timing and duration of the lights at Gessner-Memorial intersection. He said he engaged students of the University of Texas Engineering Department to make a theoretical study of the light situation based solely on the data in the Klotz report. He stated there is no congestion at the intersection and everybody down where he lives is happy and he said he sees no reason to make any drastic changes at the intersection. He also stated that he thinks Klotz has done a commendable job in getting the timing straightened out. Mr. Hanson said to the Council “that I think you have a hard job ahead of you it’s an engineering study but it is also an emotional issue. I know you have studied it very well and whatever you decide to do, as far as I am concerned, I will back you 100 percent. If you want to make a turn there, fine, if you don’t

want to make a turn there, fine but I think you guys have studied the issues and you will work very wisely”.

Andrea Hite, 219 Gessner Road, stated that she wants to add to Ed’s comments. The flow of traffic has significantly improved through the intersection. Ms. Hite also added that adding a sidewalk on Gessner might encourage non-Tealwood residents connecting from bus to bus. She pointed out that the burglar in the most recent incident in Tealwood escaped by catching the bus.

Sally Curtis, 338 Tamerlaine, asked if anything has been done to designate the median on Gessner as park or greenspace.

Bob Newman 314 Chapel Belle distributed a note to Council asking “Where to find the formal protocol employed by Bunker Hill to evaluate professional services; bid phase, recommendation phase, performance phase and results of the services performed”.

Donna Freedman, 11930 Surrey Lane, asked that the contractor working next door to her house be given a ticket for violating working hours. She said that the neighbor, whose house is being remodeled, has abandoned a cat and wants the city to intervene.

V. DISCUSSION AND POSSIBLE ACTION REGARDING INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND BUNKER HILL VILLAGE PROVIDING FOR RECEIPT AND CONFINEMENT OF PRISONERS BROUGHT BY BUNKER HILL VILLAGE TO THE HARRIS COUNTY JAIL (INCREASE FROM $70.00 PER DAY IN 2007 TO $72.00 IN 2008).

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Interlocal Agreement between Harris County and Bunker Hill providing for receipt and confinement of prisoners brought by Bunker Hill Village to the Harris County jail. Motion carried 4-0.

VI. DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BUNKER HILL VILLAGE PERTAINING TO THE CITY’S DONATION OF $1,500 TO SPRING BRANCH MEMORIAL LIBRARY FOR THE PURCHASE OF LIBRARY MATERIALS, FURNISHINGS, EQUIPMENT OR SHELVING.

Motion was made by Councilman Smyre and seconded by Councilwoman Schwartz to approve the agreement between Harris County and the city pertaining to the city providing funds in the amount of $1,500 to purchase library materials, furnishings, equipment or shelving. Motion carried 4-0.

VII. DISCUSSION AND POSSIBLE ACTION REGARDING ELECTRIC SALES AGREEMENT BETWEEN THE TEXAS GENERAL LAND OFFICE AND THE CITY OF BUNKER HILL VILLAGE.

Motion was made by Councilman Ellis and seconded by Councilman Brown to approve an agreement between the Texas General Land Office and the City of Bunker Hill Village for power deliveries beginning February 1, 2008 and ending January 31, 2010 at a cost of $0.0944575/kwh with the provision that the staff begins looking at the renewal rates four months prior to the ending date of the contract. Motion carried 4-0.

VIII. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF bunker hill village, TEXAS, ADOPTING A SCHEDULE OF FEES, rates, deposits, and other charges for public services, INCLUDING those relating to development, building and construction, electrical, plumbing, licensing and registrations, regulatory inspections, permitting, applications, hearings and other matters. (THE ONLY CHANGE FROM PREVIOUS FEE SCHEDULE IS UNDER PROPOSED PERMIT FEES: MINIMUM VALUATION OF CLIMATE-CONTROLLED SPACE INCREASES FROM $150.00 PER SQUARE FOOT TO $160.00; ALL OTHER SPACES UNDER ROOF INCREASES FROM $75.00 TO $80.00.)

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Resolution as presented. Motion carried 4-0.

IX. dISCUSSION AND pOSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, PROVIDING FOR THE HOLDING OF A GENERAL ELECTION TO BE HELD ON MAY 10, 2008, FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS (position nos. 1, 2, and 3); providing for the holding of A SPECIAL ELECTION on the same day FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER (position no. 4) and the mayor for an unexpired term ending may 2009; PROVIDING DETAILS RELATING TO THE HOLDING OF SUCH ELECTION; and containing other provisions relating to the subject.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Ordinance as presented. Motion carried 4-0. Mayor Essary made a statement urging anyone interested in a position on City Council to judiciously consider the time requirement.

X. DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, ADOPTING AMENDMENT NOS. 1 THROUGH 6 TO THE ORIGINAL BUDGET OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, FOR THE FISCAL YEAR 2007; PROVIDING DETAILED LINE ITEM INCREASES OR DECREASES; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.

Motion was made by Councilman Smyre and seconded by Councilman Brown to approve the Ordinance as presented. Motion carried 4-0.

XI. DISCUSSION AND POSSIBLE ACTION REGARDING MEMORIAL GESSNER INTERSECTION

Motion was made by Councilman Brown and seconded by Councilwoman Schwartz that Council authorize Klotz to undertake the engineering study to install a left turn lane on Gessner at Memorial heading north, giving due and appropriate concern to the preservation, or a proper replacement of the neighborhood identification sign; the preservation of landscaping of the median; and such other appropriate additions to control speeds and safety at the intersection and the approaches thereto as are necessary.

Councilman Ellis asked that the motion include the medians to be legally burdened as possible to never be taken for traffic lanes from Memorial to the southern boundary on Gessner.

Motion was amended by Councilman Brown and restated as follows: that Council authorize Klotz and Associates to undertake a study to determine the best way and approximate cost of installing a left turn lane on Gessner in the northbound lane at the intersection of Gessner and Memorial; within that study we would like for Klotz to identify for us the true and correct legal description of the land that is currently enclosed in the median; concurrent with that I would like to authorize the city attorney to determine the best and most effective way to protect this land against any future development of any kind other than for recreational use and also that the motion authorize as part of the installation of the left turn lane the study of feasibility of installing red light cameras and any other necessary traffic control to control the speed direction and travel of vehicles not only going through the intersection north and south and for an area north and south of the intersection but also east and west through that same intersection; preservation, relocation, reconstruction, redesign of the Tealwood neighborhood identification sign to be done in conjunction with input from representatives from Tealwood Homeowners Association and the neighborhood. Motion was seconded by Councilwoman Schwartz. Motion carried 4-0.

XII. CITY ADMINISTRATOR’S REPORT

A. HOLY NAME RETREAT CENTER PLANS

Ms. Sager reported that the city was contacted verbally stating that Andy Abercrombie has been awarded the redevelopment of approximately nine acres of the 20 acre Retreat site. They also stated that Mr. Abercrombie is partnering with Black Diamond.

B. ROOF REPAIR TO CITY HALL

Ms. Sager stated that a consultant has been retained to determine the extent of repairs to the roof at City Hall.

XIII. CITY ENGINEER’S REPORT

A. MEMORIAL DRIVE OVERLAY PROJECT

Katherine Mears, Klotz Associates, said that they are working with the City of Houston regarding coordination of the overlay because Memorial Drive through the city is in the control of two jurisdictions. Ms. Mears stated she expects to be in the bidding process by the middle of February. The project is expected to take about a month. Councilman Ellis stressed the importance of surface technology at the curves to aid in vehicle traction.

B. WILLIAMSBURG LANE ROADWAY AND DRAINAGE IMPROVEMENT

Plans and specifications for the project will be submitted to the city by the end of the week and a change for the project will be presented to Council for consideration at the February meeting.

XIV. FIRE COMMISSIONER’S REPORT

A. FIRE DEPARTMENT ACTIVITIES

Alternate Commissioner, Councilman Brown reported on the December 2007 meeting. He stated $7,500 was taken out of the reserve contingency fund to repair overhead doors. Repairs to the collapsing drain line behind the fire station are estimated to be $17,500 which will address the immediate problem. There was some discussion among the Commissioners that it may be necessary to increase the amount of money the Fire Department keeps in the contingency fund. He reported that Cheryl Easley has been ill.

XV. POLICE COMMISSIONER’S REPORT

A. POLICE DEPARTMENT ACTIVITIES

Alternate Commissioner, Councilman Dave Ellis reported that the Commission did not meet in December 2007.

XVI. ADJOURN

Motion was made by Councilman Ellis and seconded by Councilman Brown to adjourn the meeting at 6:36 p.m. Motion carried 4-0.

Approved and accepted on January 15, 2008.

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DERRY D. ESSARY, Mayor

ATTEST:

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Kelly Johnson, City Secretary