CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING

OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

MAY 18, 2010 – 5:00 P.M.

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, Dir of Public Works/Building Official

Councilwoman Susan Schwartz                                               Tom Ramsey, City Engineer   

Councilman Jay Smyre           

I.                   DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 8, 2010

Ms. Kelly Johnson, City Secretary/Director of Finance, read the results of the May 8, 2010 election.  The majority of votes were for D. Keith Brown in position 1, Susan Schwartz in position 2, and Dave Ellis in position 3.

Position 1                                                                                            Votes Received

D. Keith Brown                                                                                               311

John N. Glover                                                                                                274

Position 2                                                                                            Votes Received

Susan S. Schwartz                                                                                300

Jay Williams                                                                                        285

Position 3                                                                                            Votes Received

Jo Soanes                                                                                                         255

Dave Ellis                                                                                                        331

Motion was made by Councilwoman Mays and seconded by Councilman Smyre to accept the election results.  Motion carried 5-0.

II.                STATEMENT OF OFFICERS (D. KEITH BROWN, SUSAN SCHWARTZ & DAVE ELLIS)

      D. Keith Brown, Susan Schwartz, and Dave Ellis read Statement of Officers.

III.             OATH OF OFFICE (D. KEITH BROWN, SUSAN SCHWARTZ & DAVE ELLIS)

Judge Carl Moerer administered the Oath of Office to D. Keith Brown, Susan Schwartz, and Dave Ellis.

IV.              PUBLIC HEARING

Mayor Essary opened the public hearing at 5:09 p.m.

ALL INTERESTED PARTIES SHALL HAVE THE RIGHT AND OPPORTUNITY TO

APPEAR AND BE HEARD ON THE ITEM LISTED BELOW:

AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, BY AMENDING SECTIONS 9.06D, 9.07B, AND 9.08, OF ARTICLE IX, NONCONFORMING USES, TO CLARIFY METHOD OF CALCULATING THE APPRAISED VALUE OF A STRUCTURE IN THE EVENT A BUILDING IS PARTIALLY DESTROYED; AMENDING REGULATIONS CONCERNING THE REPAIR AND MAINTENANCE OF NONCONFORMING BUILDINGS OR STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

No comments

V.                 ADJOURN THE PUBLIC HEARING

Mayor Essary closed the public hearing at 5:10 p.m.

VI.              CITIZENS’ COMMENTS

No comments

VII.           PRESENTATION OF 2009 FINANCIAL AUDIT BY BELT HARRIS PECHACEK & ASSOCIATES, LLLP

Mr. Nathan Krupke, with Belt Harris Pechacek & Associates, LLLP, presented the 2009 audit.  Mr. Krupke said they are giving the city an unqualified report which means they are giving the highest level of assurance that everything appears okay.  He stated the city has a healthy fund balance and that’s a very good position to be in.

Councilman Ellis asked Mr. Krupke to discuss the unfunded liability for both the police and fire departments.  Mr. Krupke was asked at what point he, as an auditor, would be concerned with the unfunded liability.  Mr. Krupke answered he does not feel uncomfortable yet because of the city’s net assets and fund balance.  He also said he would continue to monitor closely the unfunded numbers.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to accept the financial statements as submitted and presented by Belt Harris Pechacek & Associates, LLLP.  Motion carried 5-0.

VIII.        MAYOR’S REPORT

A.        LETTER FROM TIRZ 17 REGARDING W151 DRAINAGE IMPROVEMENTS

Mayor Essary said to council that he assumed all had received a copy of the letter from the TIRZ 17.  He said he still thinks it’s in the best interest of Bunker Hill Village to wait and let the TIRZ 17 finish their drainage study.

Councilman Ellis asked if we have heard anything from the City of Houston regarding funding.  The mayor’s response was no.

B.   PRELIMINARY PROPERTY VALUES FROM HARRIS COUNTY APPRAISAL DISTRICT

Ms. Ruthie Sager, City Administrator, said generally by now we have the estimated appraisal values from Harris County Appraisal District but we do not.  The school district has put out some preliminary numbers and Bunker Hill Village shows to have a slight decline of 2.42% from last year’s appraised values.  She said we won’t get our certified values until sometime the first part of September.

C.   ADDRESS THE CONCERNS OF RESIDENTS THAT WERE HEARD BY INCUMBANTS WHILE CAMPAIGNING

During the recent election the mayor said some comments heard from residents was a lack of communication from the city.   The mayor said what he learned from this is we will do a better job of communicating with the residents.  He said we are going to do two newsletters a year, attach something in every water billing, and form a communication committee. 

D.  APPOINTMENT OF A COMMUNICATIONS COMMITTEE CHAIRED BY A MEMBER OF CITY COUNCIL WITH TWO - THREE CITIZEN MEMBERS (WEBSITE, EMAIL, WATER BILL INSERTS, NEWSLETTERS, ETC.) 

Mayor Essary said the communication committee will consist of Councilman Smyre, Ms. Ruthie Sager, and one citizen from the East side of Bunker Hill Village and one citizen from the West side of Bunker Hill Village.

E.   DIRECTING CITY ADMINISTRATOR TO ESTABLISH FEEDBACK MECHANISM FOR BHV SERVICES (SURVEYS, THIRD PARTY REVIEW, ETC.)

Mayor Essary said we have to do a better job in letting people give us feedback in the way we enforce our zoning ordinances and how we inspect properties.

Councilwoman Mays said we need another committee, a beautification committee.  She also said it was important to have some of the people that have brought these issues to our attention on the committees.  Mayor said point taken and asked Councilwoman Mays to be the council representative on the beautification committee.

F.         VILLAGES INDEPENDENCE FESTIVAL

Mayor Essary said he is very pleased with the contributions that are coming in.  He said we have received about $8,500 and we need about $16,000.

IX.              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 APRIL 20, REGULAR MEETING

B.   APRIL 2010 FINANCIALS

C.   2010 FIRST QUARTER INVESTMENT REPORT

D.  KINGSLEY CONSTRUCTORS, INC., PAY ESTIMATE NO 2 FOR THE PERIOD APRIL 1 THRU APRIL 30, 2010 IN THE AMOUNT OF $140,322.60 FOR SURFACE WATER SUPPLY LINE TO WATER PLANT NO 2 AND MODIFICATIONS TO WATER PLANT NO 1

E.   CALCO CONTRACTING, INC., ESTIMATE #1 FOR THE PERIOD APRIL 19 THRU APRIL 30, 2010 IN THE AMOUNT OF $151,568.32 FOR CAROLANE TRAIL IMPROVEMENTS

F.   LANGFORD ENGINEERING, INC., INVOICE NUMBER 15005 DATED MAY 6, 2010 IN THE AMOUNT OF $13,758.23 FOR PROJECT 200-011, SURFACE WATER SUPPLY TO WATER PLANT AT CITY HALL

G.  LANGFORD ENGINEERING, INC., INVOICE NUMBER 15006 DATED MAY 6, 2010 IN THE AMOUNT OF $313.54 FOR CITY’S EMERGENCY PREPAREDNESS PLAN

H.  GENERAL ELECTION EXPENSE IN THE AMOUNT OF $6,835.34

Councilman Ellis asked to remove item E from the Consent Agenda.

Motion was made by Councilwoman Mays and seconded by Councilman Brown to approve all the items on the Consent Agenda excluding item E.  Motion carried 5-0.

Councilman Ellis had concerns with the rain event over the weekend regarding the Carolane Trail Project and wanted to know if it had been ratified.  The mayor said Calco brought in fourteen loads of crushed rock to temporarily stabilize the road.  The mayor said it will be discussed further under item XX.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve item E, Calco’s invoice in the amount of $151,568.32 on the Consent Agenda.  Motion carried 5-0.

X.                 DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID CHAPTER 7 BEING THE FLOOD DAMAGE PREVENTION REGULATIONS, AS AMENDED, BY AMENDING SECTION 7-71 OF ARTICLE IV, FLOOD HAZARD REDUCTION, STANDARDS APPLICABLE TO ALL RESIDENTIAL CONSTRUCTION, TO CLARIFY THE APPLICATION OF SLAB ELEVATION REQUIREMENTS TO HOMES BEING REMODELED OR RECONSTRUCTED; AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, SAID CHAPTER 10 CONTAINING THE CITY’S REGULATIONS RELATED TO TREES, TO REMOVE THEREFROM THE DEFINITION OF NEW HOME CONSTRUCTION, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

Mr. Steve Smith, Public Works Director/Building Official, stated this is a building code ordinance, not a zoning ordinance.  Mr. Smith said the current ordinance states new slabs have to be twelve inches above the center line of the street and twelve inches above the nearest sanitary sewer manhole cover.  The proposed ordinance gives the discretion, if the slab does not meet the minimum slab elevation requirements, an exemption certificate can be filled out.

Mr. Smith also said not every street in the city is a curb and gutter street.  The proposed ordinance addresses non curb and gutter streets with requirements of twelve inches above the center line of the street and twelve inches above the nearest inlet.  This also gives the discretion if the slab does not meet the minimum slab elevation requirements, an exemption certificate can be filled out.

Mr. Smith said the exemption certificate is not filed with the deed; it’s only kept in the city records.

Motion was made by Councilman Smyre and seconded by Councilwoman Mays to accept this ordinance as written.  Motion carried 5-0.

XI.              DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, BY AMENDING SECTIONS 9.06D, 9.07B, AND 9.08, OF ARTICLE IX, NONCONFORMING USES, TO CLARIFY METHOD OF CALCULATING THE APPRAISED VALUE OF A STRUCTURE IN THE EVENT A BUILDING IS PARTIALLY DESTROYED; AMENDING REGULATIONS CONCERNING THE REPAIR AND MAINTENANCE OF NONCONFORMING BUILDINGS OR STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

Mr. Steve Smith, Public Works Director/Building Official, said this ordinance specifically deals with nonconforming structures.  This ordinance changes the calculating method of the average cost per square foot.  The value of the structure shall be the average cost per square foot of all new construction within the city for the last three years based on certified values from Harris County Appraisal District.

Councilman Ellis asked if one of the nonconforming structures wanted to add a 100 square foot sunroom could they do so under this new ordinance.  City Attorney, Mr. Loren Smith, answered no.  Mr. Loren Smith said if you have a nonconforming structure, square footage cannot be added under this ordinance.  Councilman Ellis along with other members of council were concerned that no additional square footage could be added.  The mayor said lets approve the existing change and he will redirect it back to Planning and Zoning Commission for discussion.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the ordinance as submitted and written with the clarification on page 3, Section 4, Sec. 9.08B2 to read forty eight inches.  Motion carried 5-0.

XII.           DISCUSSION AND POSSIBLE ACTION REGARDING AN INDEMNIFICATION AGREEMENT BETWEEN BUNKER HILL VILLAGE AND CLEAR WIRELESS LLC

Clear Wireless LLC has declined to sign the Indemnification Agreement.

No action taken

XIII.        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 CONSTRUCTED BY CLEAR WIRELESS, LLC, A NEVADA LIMITED LIABILITY COMPANY 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

R. Brandon Bundren, with the law firm of Duane Morris, representing the Pascouets at 12014 Chatam Lane, said the Pascouets still have problems with the specific use permit regarding the air conditioning pads.  The proposed air conditioning pad does not have a noise barrier wall thus they believe it will increase the noise level. 

Mr. Bundren asked council to consider three things.  First, how would city council vote if this piece of equipment was installed behind their house.  Secondly, Mr. Bundren asked council where does the construction stop.  And thirdly, Mr. Bundren said he has been at every meeting and discussed the specific use permit application at length.  He said to his knowledge nobody from Clear Wire has been to any meetings.  The only person here to discuss the permit is a subcontractor to a contractor.  Mr. Bundren said if they are not paying attention now, what would make them pay attention later?

Mr. Loren Smith said the time frame to approve or decline the permit is ninety days from the last submitted plans which was about a week before the last council meeting in April.

Councilman Brown said without the Indemnification Agreement he will not vote for the ordinance.  Councilman Ellis also discussed his concerns that an Indemnification Agreement was not signed.  He stated he was going to vote against the ordinance.

Motion was made by Councilman Brown and seconded by Councilman Ellis to approve the changes to the ordinance of the City of Bunker Hill Village, Texas, amending Appendix A of the Code of Ordinances of said City, same being the Comprehensive Zoning Ordinance of said city by granting a specific use permit for telecommunication equipment at 11977 Memorial Drive.  Motion failed 0-5.  (All council voted nay)

XIV.        DISCUSSION AND POSSIBLE ACTION REGARDING PEDESTRIAN CROSSING AT BUNKER HILL ROAD AND MEMORIAL DRIVE

Mayor Essary said there were three proposals brought to council.  The mayor proposed relocating the crosswalk and installing a LED indicator sign, not pedestrian activated.  The mayor said the cost was estimated at $5,000 - $7,000.  He said what they are trying to prevent is people accelerating off of Memorial Drive onto Bunker Hill Road.  Mr. Tom Ramsey, the City Engineer, said this is a logical next step.

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to move the crosswalk and install a LED indicator sign.  Motion carried 5-0.

XV.           DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST THAT THE CROSSWALK AT THE INTERSECTION OF RIEDEL AND TAYLORCREST BE REPAINTED

Mayor Essary said the city’s traffic engineer advised not to put a crosswalk in the middle of a street.  The estimated cost to repaint the crosswalk would be $1,500.00.

Motion was made by Councilman Ellis and seconded by Councilman Brown to approve the repainting of the intersection of Riedel and Taylorcrest.  Motion carried 3-2.  (Councilman Smyre and Councilwoman Schwartz voting nay)

XVI.        DISCUSSION AND POSSIBLE ACTION REGARDING POLICY FOR REPLACEMENT OF STANDARD TO DECORATIVE STREET POLES

Ms. Ruthie Sager, City Administrator, told council the cost to replace a decorative street pole was $504.00.  The question was asked if the pole was destroyed who would pay for it.  Council said if the pole was destroyed it’s up to the homeowners to replace it at their cost.

Motion was made by Councilwoman Mays and seconded by Councilman Ellis to put a policy in place regarding the decorative street poles with modifications that once it’s in the city right of way it’s the property of the city and if it’s damaged or removed the city has the right to put back standard issue poles or the citizens have the right to come up with a replacement pole.  Motion carried 5-0.

XVII.     DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF PAVING SPECIFICATIONS FOR STREETS IDENTIFIED IN THE 2010 CAPITAL PROJECTS BUDGET

Ms. Ruthie Sager, City Administrator, said in the capital projects budget, council approved certain streets to be overlaid.  She said the engineer failed to get the specification to her in time for review.  She would like council to approve moving forward and advertise for bid.  She reminded council they have the final authorization once bids are returned.

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to authorize the city to go ahead and advertise for bids.  Motion carried 5-0.

XVIII.  FIRE COMMISSIONER’S REPORT

A.  RECEIPT OF 1^st QUARTER 2010 AMBULANCE BILLING FUNDS IN THE AMOUNT OF $9,871.00

B.   2011 BUDGET GUIDELINES

Councilman Brown said the commission met last night and agreed on a tentative budget to submit to the cities.  He said there will be a budget workshop on June 7, 2010.  Briefly going over the budget Councilman Brown said they have removed expenses from the capital budget and moved them to the operating budget leaving the 2011 budget flat at $5,123,000, the same assessment as last year.

Councilman Brown said a concern for the commission is the compensated absences pay which is going up 87% in the 2011 budget.  Retirement is only going up 1% and hospitalization insurance is a big increase at 15%.  Councilman Brown remained optimistic and thought more expenditure could be lowered.  He said they are waiting for a new fire chief to make any significant changes.

C.   DISCUSSION AND POSSIBLE ACTION REGARDING MCGRATH CONSULTING GROUP, INC., INVOICE #427 IN THE AMOUNT OF $2,012.12.  THIS AMOUNT WILL BE EQUALLY DIVIDED BETWEEN HEDWIG, HUNTERS CREEK AND BUNKER HILL

Motion was made by Councilwoman Mays and seconded by Councilman Smyre to approve the invoice for McGrath Consulting.  Motion carried 5-0.

XIX.        POLICE COMMISSIONER’S REPORT

A.        2011 BUDGET GUIDELINES

Commissioner Peter Slot said the 2011 budget process has started.  He said two of the three cities want a flat budget for 2011.  They will have the budget ready to present to the cities by July 31, 2010.

B.         POLICE DEPARTMENT ACTIVITIES

Commissioner Peter Slot said Lieutenant Walpole completed a senior level training certificate from the International Conference of Chaplains. 

The tee shirt design for the July 4^th Festival was won by a student at Bunker Hill Elementary and will be rewarded with a pizza luncheon.  He also said there has been encouragement to have the e-mail list improved.  Mr. Slot said also at the meeting last night they approved two cameras for the police vehicles which were in the 2010 budget.

XX.           DIRECTOR OF PUBLIC WORKS REPORT

A.        UPDATE ON CAROLANE TRAIL PROJECT

Mayor Essary said right now because of the recent rain event Carolane Trail is stabilized with about fourteen loads of washed rock.  The mayor said we are going to have to change the paving specification on the street. 

Mr. Tom Ramsey, the City Engineer, said the original pavement section was to compact the sub grade 95% and put six inches of black base and two inches of overlay.  Mr. Ramsey said there are complications on Carolane Trail that changed the pavement specifications.  The rain event created a mud bath and the gas line is shallower than what you would expect in a neighborhood.  He said with the gas line being so shallow, it would make it difficult to achieve the compaction grade that needs to be out there. 

Mr. Ramsey said if we have learned one thing over the years it’s you leave the elevation of the roads alone.  He said we have a fixed issue with the gas line, a fixed issue with keeping the elevation of the road the same, and trying to achieve a good base next to the gas line. 

Mr. Ramsey said what they are proposing is twelve inches of cement stabilized concrete base that will be placed in two six inch layers and then a two inch overlay on top.  By doing this in layers, we can get a good surface. He said this will get a road down so we don’t have another repeat of the mud bath.  Mr. Ramsey said this is not a cheaper alternative; it will cost approximately $30,114 more.

Mayor Essary said this was not all of the bad news.  Every time a piece of equipment gets close to the existing water line it ruptures.  The water line is under the street and approximately fifty years old.  He said what we are recommending is to replace the entire water line on Carolane Trail at an additional cost of $47,000.  The mayor said that no action needs to be taken tonight; he is simply letting council know what is going on.

B.         UPDATE ON INSTALLATION OF SURFACE WATER LINE PROJECT

Mr. Steve Smith, the Public Works Director/Building Official, said the Surface Water Line Project is going along great.  He said they are currently hooking up the ten water connections that council approved last month.  Mr. Smith said we have about sixty more days of fine details to work out.  One thing we are waiting on is the City of Houston’s approval and once approved we can pour the final section of concrete on Stoney Creek.

XXI.        ADJOURN

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

Approved and accepted on June 15, 2010.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary