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REGULAR COUNCIL MEETING JUNE 19, 2007


1. CALL TO ORDER: Mayor Robin S. Border called the regular meeting of the City of Hilshire Village to order at 7:30 P M at 8301 Westview, Houston, Texas. Invocation was given by Zandra Anderson. Present were Council members Connie Castro, Brian Henault, Zandra Anderson and John Denninger. Council member Shannon Whiting was absent. Also present were Mario Dell’Osso of Olson and Olson, Attorneys for the City and Efrain Him of Claunch & Miller, Inc. (CMI) Engineers for the City.

Mayor Border presented the minutes of the Regular meeting of May 15, 2007. Zandra Anderson wished to add to first paragraph, page 3 the following: “The books were not received by Anderson or Denninger. Whiting got a call from the office to pick up her book. Castro said she happened to be in the office and picked up her book. Henault went by the office and picked up his book.”
 It was moved by Henault, seconded by Anderson that minutes be accepted with addition and motion carried.  The minutes of the Special Meeting of June 7, 2007 were presented to Council. Castro pointed out that under Citizens Comments, Susan McDuffie was also concerned about the “pod containers” time limit in addition to portable toilets time limit. It was moved by Castro, seconded by Henault that minutes be accepted with addition, and motion carried unanimously.

2. CITIZENS COMMENTS/PUBLIC FORUM: Mark Grosz (1238 Glourie) asked that Council address the neighbor’s encroaching grape vines. The vines had been cut back by their yard men several times, but grew back onto trees  rapidly. He presented Council with photos of his complaint. Jim Cullen (12315 Pine Chase Grove) said in reference to Agenda item 4.2, “ aerial easement of Jay Tribble”, he believed Hilshire Village should endorse and support new homeowners and work out a suitable solution to all parties concerned. Bill Bristow (1233 Pine Chase) would like to have citizens comments before Council takes any action. Vernon Kahanek (8006 Bromley) was for “open ditches 100%. They are easily maintained and clean easily”. Walter Gilbert (1226 Glourie) said Hilshire Village had spent thousands of dollars cleaning the ditches because of fear of flooding. Brad Whalen (8210 Mallie Court) wished to know if an impact study had been made on the result of changing the drainage on the Tribble property.

3. REPORTS TO COUNCIL:

    3.1. Police: Detective Gary Finkelman distributed his written report for May 2007. Total calls for service numbered 62, including nine alarm calls. Terrace Methodist Church had some sound equipment and other items stolen that were to be auctioned for the School of the Woods. These items were recovered and suspect arrested by Spring Valley officers that evening. There was a burglary of items in an unlocked car on Archley. Finkelman said on May 22nd there was a “home invasion. Four masked invaders entered a house. It was a mother and three baby raccoons. Officers removed the mother and her babies.  No charges were filed.”

    3.2. Fire Commissioner: David Labbe’, Alternate Fire Commissioner, presented his written report for May and the April report from Tom Archer, Fire Commissioner.
There were six calls in April and three calls in May. Based on the audit the excess of revenues over expenses was $218,989.00. Hilshire Village will receive $6,569. The commission approved an agreement with ADP to provide software for use in payroll and time management. A 911 call from a cell phone in Hunters Creek resulted in Houston Fire Dept. response. HFD responded and then called Village Fire Department for assistance with a ladder truck. The dispatcher recognized the location and dispatched the call with a full response.

    3.3. Treasurer’s Report: Year to date revenues for General Fund were $624,971.06 with expenses of $438,387.04. The Utility Fund reflected $172,905.94 revenues with $193,117.01 expenses.

    3.4. Engineers Report: Efrain Him of CMI had previously distributed his report. 1209 Pine Chase Outfall: A pre-construction meeting was held at the site with J&V Utilities. The large limestone boulders will be broken into smaller 12 -15 inch rocks, and redistributed. Three inch limestone rocks will be added to fill void. Re-excavation, backfilling and re-compaction have been done. Work took longer due to wet weather. Re-grading front ditch and concrete work at the front culverts has been completed. At the Mayor’s behest, an additional change order for $1200 was initiated for this work. Quotes are being awaited for crepe myrtle replacement and sprinkler system repair. Ridgeley Drive Paving and Utilities Project: Field work for borings has been completed. Design work is underway for lift station, utilities and roadway re-construction. CMI Landscape architect and Urban Forester met with Citizens Advisory Committee on May 31st
On June 7th a workshop was held that they attended also.

    3.5. Building Official:  Ted Lazarides, Building Official, said the May permit log and inspection logs were distributed. Bill Bass and Bill Pruett will complete repair to the right-of ways of homes surrounding 1237 Archley. A formal notice was posted at 1306 Pine Chase Drive to have property cleaned up, and owner did so. Lazarides said he spent several hours on Tribble and Reager residences dealing with permits, etc., including numerous discussions with Zandra Anderson.

    3.6. Mayor and Council Report: Border had previously distributed a letter regarding National Incident Management System (NIMS) training from the Village Fire Department. Elected and appointed officials are strongly urged to complete this training online. There is an information seminar at Jersey Village for water and wastewater infrastructure. Amendment No.1 to the Interagency Agreement between Harris County, METRO and Hilshire Village had been signed and will be forwarded to Harri s County. It will contribute an additional $606,000 to the original agreement of $2,041,000 for Ridgeley Drive from Westview to Wirt.
 Henault accepted a position on the Small Cities Advisory Committee for Texas. Municipal League. He was asked by Carol Alvarez, President of Texas Municipal League, who is also a City of Houston council member to do so, and he agreed.

    3.7. HVCEFFC (Conduit bonds): Bank statement for May shows a balance of $53,902.10.

    3.8. City Secretary: At the previous meeting, Vimal Patel (8001 Anadell) had requested reimbursement for plumbing expenses on his property. This claim was turned into TML and denied. List of other Citizens concerns/complaints were attached.  Late-pay letters have been mailed.

4. CONSIDERATION AND POSSIBLE ACTION:

    4.1. To amend Article 7.400 of the City Code of Ordinances re: the lining of open ditches with RCP (reinforced concrete pipe) culverts: Border said at the present time as long as culverts are engineered and approved by engineers and permitted, culverts are permissible. Driveways and walks need culverts to access property. Open ditches can handle more water. Anderson said we have a “patchwork” of open ditches and culverts.
The decision will have to be made whether to allow more culverts than necessary or question will come up again about clarification of ordinance 7.400.  Denninger said a resolution to permit no more filling of ditches with exception of driveways could be used.
Anderson made a two-part motion: (1) Prepare an ordinance to state “no more filling of ditches” and (2) have attorney prepare an ordinance clarifying Ordinance 7.400. This motion was seconded by Castro, and vote taken. Motion passed unanimously.

RESOLUTION 2007-6-19:
There shall be no RCP (and/or plastic) placed in ditches other than those needed for
Vehicular access or pedestrian access.

Ordinance will be presented by attorney at a later date.

    4.2. To review building plans on Lot 32, Block 6, Ridgeley Place Subdivision
(Tribble property) and authorize expenditure of City funds for, including but not limited to, the following three items: (a) Legal studies/opinions re: building in aerial easements over drainage easements and related issues; (b) For engineering opinions re: building over this drainage easement and related issues and (c) For additional fees for the Building Official to review the building plans and related issues; and/or as alternate to (a) (b) and (c) above, City Council authorizes acceptance of the property owner’s Consent to Encroachment Agreement. The plan check was submitted on 2/16/07; the building permit was denied of  Tribble on 3/19/07; and the plans approved and permit issued on 4/12/97. Questions have been raised re: this building permit which must be addressed by City Council in order to proceed in a timely manner.
Anderson wants a procedure set regarding encroachments. She wants the house to suit the lot not vice versa. She feels we need certification for abandonment and certification for encroachment. It was moved by Denninger, seconded by Anderson that this item be tabled. Vote was taken, and Castro and Henault said “no to table this item” and Denninger and Anderson said “yes to table it” Vote was taken- 2-2, so Mayor Border voted to break the tie 3-2 and defeat the motion to table this item.

 Item still up for discussion. See following item 4.2 continued.

MAYOR BORDER CALLED FOR A RECESS AT 9:30 P M.

MEETING RE-CONVENED AT 9: 40 P M.

Mayor Border then moved Tribble’ presentation of 4.3 forward of 4.2.

OUT OF ORDER OF AGENDA:
4.3. Appearance and presentation by Charlotte and Jay Tribble, owners of Lot 32, Block 6, Ridgeley Place on Mallie Court, regarding development of the lot.  Jay Tribble made a slide presentation of his case. His house will be on piers, and built of concrete and steel. The new easement was engineered to start at the lowest existing point and then go 20 feet either side, making a 40-foot easement. A portion of the house and deck  would be cantilevered,  encroaching over the easement.

4.2. (continued from page 3):

After more discussion, Border asked for Council’s decision. It was moved by Henault, seconded by Castro that Consent to Encroach agreement is passed subject to review by City attorney. Vote was taken. Anderson and Denninger opposed agreement to be passed; Henault and Castro said “yes” to acceptance. Vote was 2-2. Border broke the tie and said accept the consent to encroach agreement. Motion carried 3-2 to accept consent of encroachment.

Anderson wanted more assurance of effect of abandonment of original easement, certified by engineer, that change would not adversely affect drainage nor increase the possibility of flooding, both above the easement and below the easement abandonment and also the same certification for the encroachment. Anderson made the motion to that effect, seconded by Henault, and motion carried that certification should be made by certified. engineers).

4.4. To appoint a new Mayor Pro-tem (one year term): Denninger pointed out that Council appoints the mayor pro-tem and the Mayor should not nominate. It was moved by Denninger, seconded by Henault that Castro be approved by acclamation. Denninger, Castro and Henault voted yes and Anderson opposed. Motion carried 3-1.

4.5. To approve previously tabled Noise Ordinance for the City (Anderson):
 As this ordinance was not prepared, Anderson moved to table it; seconded by Denninger,
and motion carried to table it unanimously, as Council had not decided to have a noise ordinance.

4.6. To appoint Board of Adjustment memberships vacated by George Lugrin and Steve Stringer. Mike Woodruff advised Mayor Border that George Lugrin and Steve Stringer no longer lived in the Village. Woodruff recommended that David Gunn, an alternate, be moved up to standing board member; David McDuffie be a standing Board member and Tom Steffan be an alternate Board member. Denninger pointed out that Stringer‘s homestead was here, and he was in town occasionally. Denninger will contact Mr. Stringer and establish his status on Board of Adjustment.

 It was moved by Henault, seconded by Anderson that David Gunn be selected as a standing board member and that Tom Steffan be named as an alternate, and motion carried unanimously.

4.7. To approve of titles for elected officials on business cards and name tags. Various council members had used different titles on their business cards from this list, i.e., council member, councilperson or alderman. Anderson said the choice should up to the individual. It was moved by Anderson, seconded by Henault that individuals choose their title, and motion carried unanimously.

7. DISCUSSION – None

8. CONSENT AGENDA: Disbursements, Invoices, City Operations: It was moved by Anderson, seconded by Castro consent agenda be approved, and motion carried unanimously.
    
9. MAYOR AND COUNCIL COMMENTS: None

10. ADDITIONAL CITIZENS COMMENTS: Bill Bristow (1233 Pine Chase) reminded that school was out and drivers should look out for children.

11. ANNOUNCEMENTS- None

12. ADJOURNMENT: It was moved by  Henault, seconded by Anderson that meeting be adjourned. Meeting adjourned at 10:55 P M.
    
                                ___________________
                                Robin S.Border, Mayor
ATTEST:

______________
Claudia Bammel, City Secretary