CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

AUGUST 19, 2008 – 5:00 P.M.

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

Mayor Essary called the meeting to order at 5:03 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.

Present:                                                                                                                        Also in Attendance:

Mayor Derry D. Essary                                                                        Ruthie Sager, City Administrator

Councilman Keith Brown                                                        Loren Smith, City Attorney

Councilman Dave Ellis                                                                        Kelly Johnson, City Secretary                                                 

Councilwoman Cooky Mays                                       Steve Smith, Director of Public Works

Councilwoman Susan Schwartz                                               John Davis, P.E., Langford Engineering, Inc. 

Councilman Jay Smyre      

Jeremy Edelstein a ninth grader at St. John’s School and Connor Palmer an eighth grader at the School of the Woods, both boy scouts, were asked to lead the Pledge of Allegiance.

II.                  CITIZEN COMMENTS

A.     CYNDY GARZA-ROBERTS – REPRESENTING HEB’S NEW LOCATION ON BUNKER HILL ROAD, NORTH OF IH 10

John May, General Manger, stated the new HEB store will be the second largest store built and will have a gas station, car wash and the new store will be 127,900 square feet.   The new store will open on November 7, 2008.

Donna Freedman at 11930 Surrey Lane discussed beautification of the esplanades along Gessner Road. 

III.               GREET GUESTS, MAYOR’S REPORT

A.     DISCUSSION REGARDING A RESIDENT REQUESTING AN ORDINANCE BE PASSED PROHIBITING PARKING ON THE WEST SIDE OF PLANTATION FROM THE NORTH SIDE OF THE CARPOOL DRIVEWAY CONTINUING THE LENGTH OF THE PLAYGROUND

Mayor Essary stated when school is in session there is a difficult situation twice a day.  Chief Brye said the police department’s main concern is safety.  The Mayor stated there are two issues:  parking and standing.  The Mayor also said he hoped by passing an ordinance it would keep parents in their car instead of parking and then creating a difficult safety issue by walking.  Mayor Essary said the next action to take is for himself and Chief Brye to meet with the principal of Frostwood Elementary, the president of the PTA, and the SBISD Police Department for input and come back to council with a recommendation.                                      

B.     W151 UPDATE

Mayor Essary stated that Harris County Flood Control said there was to be a meeting in July but as to date no meeting has happened nor has there been a date set.  The Mayor also stated this meeting was to discuss funding sources.  City Administrator Ruthie Sager stated that she had spoken with Steve Fitzgerald and there has not been a date set for a meeting.  Ms. Sager also stated Harris County Flood Control is trying to coordinate with three engineering firms and they are not ready. 

Councilman Brown said that during the Eduardo Storm he walked by W151 at 3:45 in the afternoon and saw 5 ½ to 6 foot of water in the ditch.  Councilman Ellis stated according to the swim model the ditch should be under 4 foot.

C.     DISCUSSION REGARDING A RESIDENT REQUESTING A CITY PARK IN GREYTON PLACE SUBDIVISION

The Mayor stated he would love to have a park at Greyton Place.  He also stated that the place for it is to approach the Passionist Fathers and see if we can keep non tax money in terms of purchasing something.  He said that he does not think the developers would be very receptive to the city buying a lot and also that he was going to talk with the  Passionist Fathers.

D.     UPDATE ON IMPROVEMENTS TO GESSNER MEDIAN, INCLUDING THE TEALWOOD IDENTIFICATION MARKER

Mayor Essary said he had numerous citizen comments on the appearance of the new intersection and how it opened up the intersection and is less restrictive.

Mayor Essary said he is in the process of taking bids to put in a new neighborhood marker, to put in grass, lighting, and irrigation on a roughly a 150 foot park down the median where the new left turn lane was put in. He went on to say there is a traffic engineer standard that restricts what Bunker Hill Village puts in the median to a height that does not restrict visual contact with a pedestrian passing through the intersection of Gessner and Memorial.  That height is 3’8”.  Mayor Essary stated that next week, he, Dave, and Keith will be meeting with the Tealwood Homeowners Association Officers to discuss the median.  The Mayor stated the range of the cost of the sign and park would probably be $45,000.

Mayor Essary said Bunker Hill Village was now ready to designate the median as a park and advise legal counsel to proceed.

E.      DISCUSSION AND POSSIBLE ACTION REGARDING PLANS FOR APPRECIATION DINNER

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to approve December 16, 2008 for the Appreciation Dinner.  Motion carried 5-0.

IV.                PUBLIC HEARING REGARDING A REQUEST FROM THE PASSIONIST FATHERS OF TEXAS, OWNER OF THE HOLY NAME RETREAT CENTER LOCATED AT 430 BUNKER HILL ROAD, FOR A SPECIFIC USE PERMIT FOR THE CONSTRUCTION OF A NEW MAINTENANCE FACILITY.

The hearing started at 5:48 p.m.  Mrs. Edelstein at 11735 Wood Lane asked how large and where the maintenance building was located on the property and what the building will be used for.  Mr. Smith stated the building was replacing an existing building and would look like a garage and store mowing equipment. 

V.                  MAYOR ANNOUNCES TIME OF CLOSING FOR PUBLIC HEARING

Mayor Essary closed the meeting at 5:51 p.m.

VI.                NOTICE CONCERNING RECOMMENDATION FROM PLANNING & ZONING COMMISSION REGARDING THE APPROVAL OF A REQUEST FROM THE PASSIONIST FATHERS OF TEXAS FOR A SPECIFIC USE PERMIT FOR CONSTRUCTION OF A NEW MAINTENANCE FACILITY TO BE LOCATED AT 430 BUNKER HILL ROAD.

City Attorney Loren Smith said that the Planning and Zoning Commission met on July 31, 2008 to discuss the Specific Use Permit and the Commission is recommending that Council approve the Specific Use Permit that is being requested.

VII.             DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, AMENDING APPENDIX “A” OF THE CODE OF ORDINANCES OF THE CITY, SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, BY GRANTING A SPECIFIC USE PERMIT TO THE PASSIONIST FATHERS OF TEXAS, 430 BUNKER HILL ROAD, AUTHORIZING CONSTRUCTION OF A MAINTENANCE FACILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

Mayor Essary asked Mr. Steve Smith if the building would be sprinkled and how far from the nearest structure.  Mr. Smith’s stated no it would not be sprinkled and it was 40 feet from the nearest structure. 

Motion was made by Councilman Brown and seconded by Councilwoman Mays to approve the Specific Use Permit.  Motion carried 5-0.

VIII.           REPORT BY JOHN DAVIS, P.E., LANGFORD ENGINEERING, INC. ON REPAIRS AND WATER QUALITY TESTING AT WATER WELL #2 LOCATED BEHIND CITY HALL

John Davis with Langford Engineering reported that well #2 has 6 screens;  two lower, two middle, and two upper.  The lower two thirds of the screens have been tested for arsenic levels.  Mr. Davis said it appears that the middle screens look like they had higher arsenic levels.  He also said that the static level of the well when they pulled the pump above the second set of screens rose 35 feet.  Mr. Davis went on to say it meant the well is getting water transferred from the upper sands down to the bottom sands.  Mayor Essary reviewed and said from what has been tested it appears that the higher concentration is coming from the middle two screens.  Mr. Davis said at this time he was not going to recommend doing anything.  He said they should be done testing next week and the well should be back into operations in about 3 weeks.

IX.               DISCUSSION AND POSSIBLE ACTION REGARDING AUTHORIZATION FOR LANGFORD ENGINEERING, INC TO PREPARE PLANS AND SPECIFICATIONS FOR SECOND SURFACE WATER CONNECTION FROM NORTHWEST CORNER OF VALLEY STAR AND STONEY CREEK TO WATER PLANT #2 BEHIND CITY HALL ON MEMORIAL DRIVE

Mayor Essary stated after discussing the prior agenda item he wanted to recommend moving on this item as soon as possible.  It was also discussed to get with the City of Houston to see about expediting the approval process.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve Langford Engineering to prepare plans and specifications for a second surface water connection from the northwest corner of Valley Star and Stoney Creek to the water plant #2 behind City Hall on Memorial Drive.  Motion carried 5-0.

X.                  REPORT BY CITY ENGINEER

A.     PROGRESS BY AAA ASPHALT ON LEFT TURN LANE AT GESSNER AND MEMORIAL DRIVE

Rodney Colburn with AAA Asphalt stated that the project was estimated to be completed by the end of next month, weather permitting.  He also said that this may not include the striping because it takes seven days after asphalt is laid to stripe.

Mr. Colburn said that Strey Lane was ready for asphalt and if weather permits they would try and have it completed by the time school starts on Monday.  This would probably mean they would lay asphalt over the weekend.

Mayor Essary discussed the light at Plantation and requested having Klotz Engineering review and see if it needs to be retimed.

XI.               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 JUNE 17, 2008 REGULAR COUNCIL MEETING

B.     MINUTES OF THE JULY 17, 2008 SPECIAL COUNCIL MEETING

C.     MINUTES OF THE JULY 30, 2008 EMERGENCY COUNCIL MEETING

D.     MINUTES OF THE AUGUST 12, 2008  BUDGET WORKSHOP

E.         FINANCIAL REPORTS FOR JUNE AND JULY 2008

F.         INVESTMENT ACTIVITY FOR THE 2ND QUARTER ENDING JUNE 30, 2008

G.  AAA ASPHALT PAVING, INC, APPLICATION NO. TWO IN THE AMOUNT OF $283,350.72 FOR MEMORIAL DRIVE IMPROVEMENTS

H.  DESIGNATION OF RUTHIE SAGER, RTA, TO CALCULATE AND PUBLISH THE EFFECTIVE AND ROLLBACK TAX RATES

I.    KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES RENDERED IN CONNECTION WITH THE FOLLOWING PROJECTS:

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Consent Agenda.  Motion carried 5-0.

XII.             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, ACKNOWLEDGING REVIEW OF THE PUBLIC FUNDS MANAGEMENT AND INVESTMENT POLICY INCLUDING APPOINTMENT OF THE INVESTMENT COMMITTEE

Mayor Essary stated that the Investment Committee that is being recommended for approval consists of himself, Councilman Ellis, and City Administrator Ruthie Sager.  Mayor Essary also stated he read the policy and it seemed reasonable for a city the size of Bunker Hill Village.

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to approve the Investment Policy as presented including the appointment of the Investment Committee.  Motion carried 5-0.

XIII.          DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, ADOPTING AMENDMENT NOS. 1 THROUGH 4 TO THE ORIGINAL BUDGET OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, FOR THE FISCAL YEAR 2008; PROVIDING DETAILED LINE ITEM INCREASES OR DECREASES; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT

Kelly Johnson, City Secretary/Director of Finance reviewed the budget amendments and stated that they were housekeeping issues.  She said that it was getting expense line items in line with the actual expenditures. City Administrator, Ms. Sager, said that none of the budget amendments should be a surprise to council because everything that the staff does is approved by council.

Motion was made by Councilman Brown and seconded by Councilman Smyre to approve budget amendments No’s 1 through 4.  Motion carried 5-0.

XIV.           DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENT NUMBER 1 TO PROJECT AGREEMENT BETWEEN THE CITY OF BUNKER HILL VILLAGE AND METROPOLITAN TRANSIT AUTHORITY FOR MEMORIAL DRIVE FROM STREY TO CLARENDON AND FROM KNIPP TO BRIAR FOREST.  THE AMENDMENT AUTHORIZES PAVEMENT IMPROVEMENTS ON STREY LANE FROM MEMORIAL DRIVE TO TAYLORCREST

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to approve Amendment 1 to the Project Agreement.  Motion carried 5-0.

XV.             DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, ITS SUCCESSORS AND ASSIGNS, THE RIGHT PRIVILEGE AND FRANCHISE, FOR A PERIOD OF THIRTY (30) YEARS, TO CONDUCT AN ELECTRIC DELIVERY BUSINESS AND TO ERECT, CONSTRUCT, MAINTAIN, OPERATE, USE, EXTEND, REMOVE, REPLACE AND REPAIR IN, UNDER, UPON, OVER, ACROSS, AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, AND ALLEYS OF THE CITY, AND OVER AND ACROSS ANY STREAM OR STREAMS, BRIDGE OR BRIDGES, AND/OR EASEMENT, NOW OR HEREAFTER OWNED OR CONTROLLED BY THE CITY, A SYSTEM OF POLES, POLE LINES, TOWERS, TRANSMISSION AND DISTRIBUTION LINES, WIRES, GUYS, GAS AND OTHER PIPELINES, FIBER OPTIC AND OTHER CABLES, CONDUITS, METERS AND OTHER DESIRABLE EQUIPMENT, FACILITIES, INSTRUMENTALITIES, AND APPURTENANCES (INCLUDING FACILITIES FOR THE GRANTEES OWN USE) NECESSARY OR USEFUL FOR THE TRANSMISSION, DISTRIBUTION, FURNISHING AND/OR SELLING OF ELECTRICITY FOR LIGHT, POWER, AND HEAT, AND FOR ANY OTHER PURPOSE FOR WHICH ELECTRICITY AND OTHER RELATED SERVICES PROVIDED BY GRANTEE MAY BE USED, TO THE CITY AND ITS INHABITANTS, AND FOR ANY OTHER BUSINESS PURPOSE AS THE COMPANY MAY DESIRE FROM TIME TO TIME, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THE GRANTING OF ACCESS TO THOSE FACILITIES FOR THE DELIVERY BY THIRD PARTIES OF BROADBAND THROUGH POWER LINES OR SIMILAR SERVICE; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR ACCEPTANCE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; PROVIDING THAT THE FRANCHISE GRANTED BY THIS ORDINANCE SHALL NOT BE EXCLUSIVE; PROVIDING THE GRANTEES OBLIGATION TO FURNISH EFFICIENT ELECTRICAL SERVICE AT RATES SPECIFIED IN THE TARIFF FOR ELECTRICAL SERVICES BETWEEN THE GRANTEE AND THE CITY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR OTHER MATTERS RELATING TO THE SUBJECT

Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve the ordinance as presented.  Motion carried 5-0.

XVI.           CITY ADMINISTRATOR’S REPORT

A.        PROGRESS ON IMPROVEMENT’S TO UTILITY BUILDING

City Administrator Ruthie Sager stated that Council approved $40,000 for the improvements and it was almost complete and looked very nice.  A resident of Bunker Hill, John Gillette with Craftsmanship by John was awarded low bid.

Ms. Sager reported that a city employee, Fray Rivera, was in the hospital for a few days.  She stated he has a defibulator that went off a couple of times.  Ms. Sager also stated he should be returning to work on Thursday. 

XVII.        FIRE COMMISSIONER’S REPORT

A.     FIRE DEPARTMENT ACTIVITIES

Councilman Brown reported that a sub-committee was appointed by the Fire Commission to re-address the by-laws and rules of procedure.  Mr. Brown stated that the committee consists of himself, Bruce Spain, and Ellen Peacock.  Mr. Brown also stated that the commission agreed to send out requests for proposals for auditing services.

Councilman Jay Smyre reported that the Fire Department budget through July is 3% under budget.  Mr. Smyre stated that the tower has been hit three times by lightning and each time it gets hit the radio gets knocked out and loses communication.  The Fire Department is looking at ways to ground the tower so that it doesn’t have the problem again.  It is about a $10,000 repair when hit. 

Mr. Smyre reported there was a major fire at I-10 and Voss and that a house burned down.  Both Village Fire Department and City of Houston responded to the fire.  One thing they are looking at are ways to improve communication between the two agencies.

XVIII.      POLICE COMMISSIONER’S REPORT

A.     POLICE DEPARTMENT ACTIVITIES

Chief Brye stated the Orville Cecil Marrs that committed some of the burglaries last year  was given a 40 year sentence yesterday. 

Chief Brye also stated that the incident that happened last month with the defendant that ran from Memorial Villages Police Officer in still ongoing.  He also stated that the District Attorney’s Office is not wanting to give the defendant any slack based on the seriousness of the offense and his prior history.

B.     DISCUSSION AND POSSIBLE ACTION REGARDING FISCAL YEAR 2009 MEMORIAL VILLAGES POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $4,232,827.74.  BUNKER HILL VILLAGE 2009 OBLIGATION IS $1,410,942.58

Chief Brye said the main factors in the proposed budget were cost of living adjustments for employees, changes in rates with TMRS, health insurance, and on the operating side of the budget fuel increases.  The Chief stated 88% of the budget is personnel.  He went on to say the Police Commission spent a lot of time reviewing the budget.  Councilman Ellis discussed his concerns with the rates and structure of TMRS.  He said that the Police Commission wants to recommend to each of their mayors and council to collectively appoint a very competent blue ribbon committee to take a hard look at TMRS. 

Councilman Ellis said that the journey to look at TMRS and possibly doing something different was to protect employees and in no way was an attempt to reduce or lower employees retirement.

Mayor Essary told Chief Brye that when he prepares to go into the budget process next year that council will give him guidance to stay within a certain framework.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to approve the 2009 Memorial Villages Police Department Budget in the amount of $4,232,827.74.  Motion carried 5-0.

XIX.          EXECUTIVE SESSION – THE CITY COUNCIL WILL MEET IN EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONSULT WITH ITS ATTORNEY REGARDING A MATTER WHICH THE DUTY OF THE ATTORNEY CONFLICTS WITH THE PROVISIONS OF CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  THIS CONSULTATION IS REGARDING ITEM NO. XV OF THIS AGENDA

Mayor Essary called to go into Executive Session at 6:28 p.m.

The Mayor returned and adjourned Executive Session at 6:41 p.m.

XX.             ADJOURN

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to adjourn the meeting at 6:45 p.m.

Approved and accepted on September 16, 2008.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary