CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND

A JOINT PUBLIC HEARING OF THE MEMBERS OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

FEBRUARY 16, 2010 – 5:00 P.M.

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

Mayor Essary called the meeting to order at 5:02 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/Director of Finance           

Councilwoman Cooky Mays                                                                 Steve Smith, Director of Public Works           

Councilwoman Susan Schwartz                                                            Tom Ramsey, City Engineer   

Councilman Jay Smyre           

Present:

Bill Purifoy, Chairman of Planning & Zoning                                      Gary Orr of Planning & Zoning

Robert G. Croyle, Vice Chairman of Planning & Zoning                     Gerald Teel of Planning & Zoning

Alan Augustine of Planning & Zoning                                                 Andrew Newton of Planning & Zoning

Absent:  Joel Phipps of Planning & Zoning

Bill Purifoy, Chairman of Planning and Zoning Commission acknowledged he had a quorum present.

Chairman Purifoy called the Planning and Zoning Joint Public Hearing Meeting to order at 5:04.

II.                JOINT PUBLIC HEARING

Mayor Essary opened the joint public hearing at 5:07 p.m.

ALL INTERESTED PERSONS ARE INVITED TO SPEAK AND SHALL BE GIVEN THE OPPORTUNITY TO BE HEARD

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 FOR CONSTRUCTION AND USE OF ADDITIONAL buildings and/or structures TO BE CONSTRUCTED BY CLEARWIRE CORPORATION AND TO BE LOCATED AT 11977 MEMORIAL DRIVE, HOUSTON, TEXAS, to wit: telecommunications facilities, AND OTHER INCIDENTAL IMPROVEMENTS; PROVIDING FOR REPEAL; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

Comments:  R. Brandon Bundren with the law firm of Duane Morris representing the Pascouets at 12014 Chatam Lane stated the Pascouets object to the modifications being presented to the tower.  He stated that if an ordinance is passed his client is ready to proceed with legal action.

RECESS PUBLIC HEARING TO ALLOW PLANNING AND ZONING COMMISSION TO MAKE A WRITTEN RECOMMENDATION TO THE CITY COUNCIL

Chairman Purifoy announced the closing of the Planning and Zoning Joint Public Hearing Meeting at 5:15 p.m.

Mayor Essary closed the joint public hearing at 5:15 p.m.

III.             GREET GUESTS, MAYOR’S REPORT

A.        UPDATE ON W151 DRAINAGE STRUCTURE

      Mayor Essary said he, Ms. Sager the City Administrator, Mr. Smith the Public Works Director, a representative from Harris County Flood Control, a representative from TIRZ 17, and a representative from METRO National all met last week to discuss the drainage/flooding issues relating to W151.  He stated it was a very productive meeting.  Mayor Essary said it was discussed that Bunker Hill Village was not going to wait another 10 years for flooding/drainage relief.  Mayor Essary said the representative with Metro National said he hated to see Bunker Hill Village spend money for drainage improvements and it not       benefit everyone involved.

            The Mayor said unless a player comes to the table with some money the city will move forward       on its own sometime in the summer.

B.   MEETING WITH BROKEN BOUGH RESIDENTS REGARDING BARRIERS THAT KEEP VEHICLES FROM COMING ONTO THEIR YARDS

      Mayor Essary said he, Ms. Sager the City Administrator, Mr. Smith the Public Works Director all met with two residents from Broken Bough.  They are asking to put pavers down on Broken Bough to stop the rutting problem.  As long as the pavers are permeable, the city approves the design, and the residents are willing to pay for it they can move forward.  The mayor said the design was approved and we should be seeing something being put down within the next few days.

C.   LETTER FROM GREEN OAKS RESIDENT REGARDING STRUCTURE FLOODING

      Mayor Essary said we have a home that has flooded five times on the corner of Green Oaks and Blalock.  The mayor stated the city will clean the ditches at that location once the City of Piney Point finishes their paving project.  The mayor said we are going to have to do some remediation on this one home.

D.  COMBINED CLASS WITH OTHER VILLAGES REGARDING HOW TO INFORM CITIZENS DURING AN EMERGENCY

      The mayor said our Police Commissioner Peter Slot went to a water board meeting and they discussed how to communicate with residents in the event of a disaster.  Mayor Essary stated Mr. Slot said it was an excellent resource in getting the information out.  Mayor Essary said we will be looking more into it in the near future.

E.   MEETING WITH McGRATH CONSULTING, INC. REGARDING THE VILLAGE FIRE DEPARTMENT

      The mayor said the mayors and fire commissioners will be meeting with the consulting firm, McGrath Consulting which has been chosen in the search to hire a new fire chief.   The mayor said they will be discussing the resume for hiring a new fire chief.

F.   REQUEST TO FUND $200 FOR NEW LETTERING AT THE VILLAGE FIRE DEPARTMENT

      The mayor authorized $200 for new lettering for the side of the Village Fire Department building.         

G.  TEALWOOD HOMEOWNERS ASSOCIATION ANNUAL MEETING SCHEDULED FOR FEBRUARY 23, 2010

H.  VILLAGE MAYORS MEETING WITH MAYOR PARKER SCHEDULED FOR MARCH 25, 2010

IV.              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 CONSIDERED SEPARATELY.”

A.  MINUTES OF THE JANUARY 19, 2010 REGULAR MEETING

B.   DECEMBER 2009 (PRELIMINARY) AND JANUARY 2010 FINANCIALS

            C.   FOURTH QUARTER INVESTMENT REPORT

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

V.                 CITIZENS’ COMMENTS

Carter Breed at 11935 Homewood discussed his concerns regarding the slab elevation in the flooding ordinance.

John Glover at 11637 Blalock Lane discussed the construction of Blalock Lane, the updating of the city’s website, ditches on Blalock Road, and the city’s newsletter.

Bob Newman at 314 Chapel Belle Lane discussed his concerns of the slab elevations in the flooding ordinance.

Mr. Divecha at 260 Bunker Hill Road discussed the safety issue of the road crossing at Bunker Hill Road going North at Eaton Court.

VI.              DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM PHILIP HOTZE TO CLEAN THE STREET SIGNS IN BUNKER HILL VILLAGE AS AN EAGLE SCOUT PROJECT

Philip Hotze, a Boy Scout in troop 2, as part of an Eagle Scout Project requested to clean all of Bunker Hill Village’s street signs.  The mayor asked him to submit a plan in writing then council will consider it and give him an answer.

VII.           DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, ADOPTING AMENDMENT NOS. 1 THROUGH 7 TO THE ORIGINAL BUDGET OF THE CITY OF BUNKER HILL VILLAGE, TEXAS FOR THE FISCAL YEAR 2009; PROVIDING DETAILED LINE ITEM INCREASES OR DECREASES; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT

Ms. Johnson, City Secretary/Director of Finance, gave a brief overview on each amendment.  She

stated most items were routine housekeeping items.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to approve the ordinance of the City Bunker Hill Village, Texas adopting amendments Nos 1 through 7 to the original budget as presented by Ms. Johnson.  Motion carried 5-0.

VIII.        CITY ADMINISTRATOR’S REPORT

A.  CITY OF HOUSTON NOTICE OF CPI INCREASE FOR 1,000 GALLONS OF TREATED WATER, EFFECTIVE APRIL 1, 2010

      Ms. Sager, City Administrator, said that our rate with City of Houston will increase from $2.184 per 1, 000 gallons of treated water to $2.190 on April 1, 2010.  Then the rate will increase again January 1, 2011 to $2.737 per 1,000 gallons of treated water.  Ms. Sager said that is an 85% increase.

B.   INCREASE OF MONTHLY MINIMUM, FROM 12,000,000 TO 14,500,000 GALLONS OF SURFACE WATER FROM THE CITY OF HOUSTON

C.   SCHEDULE FOR IMPROVEMENTS TO CAROLANE TRAIL

      Ms. Sager, City Administrator, said the mayor has prepared a letter to go out to the residents on Carolane Trail.  She stated we have advertised in the newspaper and the pre-bid meeting is on Monday.  The City plans to award the bid in March and to start construction the end of April.

D.  UPDATE ON SURFACE WATER LINE PROJECT

      The contract has been sent to Kingsley Constructors for signatures.  As soon as we receive the signed contract we will start the project.

IX.              FIRE COMMISSIONER’S REPORT

A.        REGULAR BOARD MEETING CHANGED FROM MONDAY, FEBRUARY 15, 2010 TO             THURSDAY, FEBRUARY 18, 2010

      Councilman Brown said the regular meeting had been postponed until this Thursday.  He will report at the next council meeting.

X.                 POLICE COMMISSIONER’S REPORT

A.        POLICE DEPARTMENT ACTIVITIES

            Councilman Ellis said there were no robberies in Bunker Hill Village to report.

B.         DISCUSSION AND POSSIBLE ACTION FOR APPROVAL OF THE 1^ST INTER-BUDGET

            TRANSFER FOR THE 2009 MEMORIAL VILLAGES POLICE DEPARTMENT M&O         BUDGET

      Councilman Ellis stated that this item was tabled at the regular Police Commissioners Meeting due to mistakes that had been made.  He said we are taking it off the agenda.

XI.              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 FOR CONSTRUCTION AND USE OF ADDITIONAL BUILDINGS AND/OR STRUCTURES TO BE CONSTRUCTED BY CLEARWIRE CORPORATION AND TO BE LOCATED AT 11977 MEMORIAL DRIVE, HOUSTON, TEXAS, TO WIT:  TELECOMMUNICATIONS FACILITIES, AND OTHER INCIDENTAL IMPROVEMENTS; PROVIDING FOR REPEAL; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

Mayor Essary asked Mr. Purifoy, Chairman of the Planning and Zoning Commission, if they had a recommendation for city council.  Mr. Smith, Public Works Director, stated the recommendation is to recess until March 2, 2010, or another date approved by council.  The reason is to allow for additional information to be provided by citizens and Clearwire.

The mayor reopened the joint public hearing at 6:08 p.m.  Bill Purifoy, Chairman of Planning and Zoning, also reopened the Planning and Zoning Joint Public Hearing Meeting at 6:08 p.m.

Bill Purifoy recessed the Planning and Zoning Joint Public Hearing Meeting until the next city council meeting on March 16, 2010 at 5:00 p.m.

The mayor recessed the Joint Public Hearing until the next city council meeting on March 16, 2010 at 5:00 p.m.

Bill Purifoy made a motion to adjourn the Planning and Zoning Joint Public Hearing Meeting.  Meeting was adjourned at 6:10.

XII.           ADJOURN

Motion was made by Loren Smith and seconded by Councilman Smyre to adjourn the meeting at 6:20 p.m.  Motion carried 5-0.

Approved and accepted on March 16, 2010.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary