TUESDAY, OCTOBER 21, 2008

REGULAR COUNCIL MEETING

7:00 P.M.

 

 

1. CALL TO ORDER: Mayor Robin S. Border called the regular meeting of the City of Hilshire Village to order at 7:00 P.M. at 8301 Westview, Houston, Texas 77055.

Invocation was given by Council Member Castro.

 

                        1.2. Present were Mayor Robin Border, Council Members Cheryl Wolfe, John Denninger, Shannon Whiting, Zandra Anderson and Mayor Pro Tem Connie Castro. Also present were Efrain Him, P.E., of Claunch & Miller, Inc., (CMI) Engineer for the City, David Olson of Olson and Olson, Attorney for the City, Manisha Patel, City Treasurer and Ted Lazarides, Building Official.

 

2. CITIZENS COMMENTS: Bill Bristow, 1233 Pine Chase, stated that he would like to see the City Attorney here for the whole meeting. He feels that everyone should be given the opportunity to be on the fire and zoning committees.

 

David McDuffie, 1335 Pine Creek Lane, stated that a full public hearing should be held before any zoning changes including the net building area. He also believes the City Attorney should be here for the whole Council Meeting.

 

Mike Gordy, 1241 Archley, also believes further investigation needs to be made before Council makes any changes to the Ordinances regarding Zoning. He believes that changing the net building area would affect the City’s taxes and should be looked into before making changes that would limit the size of a house being built which would cause property values to go down. Mr. Gordy also believes the City Attorney should remain for the whole Council Meeting.

 

Jay Tribble, owns the property at 8201 Mallie Court and he has not built yet. He has attempted to follow all the ordinances. He is concerned with the trend the City has taken since he purchased the lot. He said that the trend is to make it more and more restrictive to build in Hilshire Village. The City already has a reputation of being one of the hardest cities in which to build. The more and more restrictive the ordinances become reduces the number of people who are going to buy or build in the City. He said there are some people that do not want anything to change and that will lower the property value.

 

Al Thorpe, 1306 Friarcreek Lane, does not want to see any restrictions put on the growth of the City. He does not believe Council should be able to limit the ability of a home owner to use their property for their best interest.

 

Donna Archer, 1307 Friarcreek Lane, echoed what everyone has said objecting to Council limiting the size of the house some one builds on their own property. She believes it is dangerous for Council to be more and more restrictive instead of propelling Hilshire Village into the future and making progress. The City is staying in the time zone of the 50’s and she did not feel that is where the City’s future should be.

 

Tory Taylor, 8002 Burkhart, is a new resident and loves the Village but they bought an older tiny home and they will have to add on to the house to be able to stay in the Village. He believes that if Council continues to put all these restrictions on home owners that he will not be able to add on to his home and will have to move. He believes City Council is trying to stifle the “American Dream” in which this Country is all about and in the process will crush its tax base.

 

Jorge Lefebvre, 1303 Friar Creek Lane, stated that they have bought their second house on Ridgeley. This one is for their daughter. He does not believe the City should be able to tell a home owner what size home he should build on his lot. He understands there should be some architectural restrictions but should not be able to tell a home owner what he can or can’t do on his own property.

Alan Wolfe, 1313 Pine Chase, certainly understands what everyone is saying, but if you review what has happened on the Pine Chase property you will find that Ted reviewed the plans and went to City Council Member Anderson for her interpretation and then went to David Olson. With one statement from the David Olson, City Attorney, Ted changed the way he was approving the size of the homes. Mr. Wolfe said that the house being built on Pine Chase is too big for the lot and intrudes on the property owners on either side. We need to appreciate the environment where we live and why people come to Hilshire Village in the first place. We will not have Hilshire Village like it was in the 60’s if everyone builds a house bigger than their lot will hold.

 

Bill Bristow, 1233 Pine Chase, stated that his focus with Hilshire Village is in open government and private property rights and right now you have a majority of Council who is trying to restrict property rights. If this is not what you want you need to run for office and change the vote of the majority.

3. REPORTS TO COUNCIL:

 

3.4. Engineers: Efrain Him of CMI gave his report regarding Ridgeley Drive Reconstruction Project Utility Improvements (Package 2) – Metro City has corrected all the items in the punch list.

A problem with the lift station was detected. A technician was sent out and it was determined that a piece of garment was jammed into one of the pumps impeller, jamming the pump and overheating its motor; therefore, shutting down the pump. It was also determined that a float switch was damaged. This will be replaced by Metro City under the warranty terms of the contract.

 

HDR/C&M recommends payment to Metro City Construction for an amount of $66,465.76 (Pay Application No. 4) for completion of approximately 95.3% of the work.

 

Paving & Drainage Improvement (Package 3) AAA Asphalt Paving, Inc., has completed the black base work along Ridgeley Drive from Archley Drive South to Burkhart Road and along Burkhart Drive from Ridgeley Drive to the West end. AAA has also completed the lime fly-ash subgrade stabilization work on Ridgeley Drive southbound between Archley Drive North and Archley Drive South.

 

The Water line along Burkhart Road has passed the pressure and disinfection test. Residential services have been transferred to the new line and the old water line was cut, plugged and abandoned.

 

The Contractor has removed the two (2) extraneous culverts along Burkhart Road that were previously authorized by City Council to be removed.

HDR/C&M recommends that payment be made to AAA Asphalt Paving, Inc., for an amount of $101,307.48 (Pay Application No. 8) for completion of approximately 58.3% of the work.

Council Member Anderson asked Efrain if he was aware of the fact that the ravine and culvert crossings at Mallie Court and Burkhart are holding water. Efrain stated that he was aware and was handling the Culvert at Burkhart and he would check into the one at Mallie Court.

 

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

 

                        4.1 Mayor Pro Tem Castro made a motion to authorize payment to AAA Asphalt Paving, Inc., Pay Application No. 8 for work related to the Ridgeley Drive Paving & Drainage Improvements Project (Package 3) in the amount of $101,307.48-HDR/C&M, seconded by Council Member Whiting. A vote was taken to authorize payment to AAA Asphalt Paving, Inc., in the amount of $101,307.48 and the motion passed unanimously.

 

                        4.2 Council Member Wolfe made a motion to authorize payment of Metro City Construction, LLP’s Pay Application No. 4 for work related to the Ridgeley Drive Utility Improvements Project (Package 2) in the amount of $66,465.76-HDR/C&M, seconded by Council Member Whiting. A vote was taken to authorize payment to Metro City Construction (Package 2) in the amount of $66,465.76 and the motion passed unanimously.

                       

4.3 Council Member Wolfe made a motion to authorize additional Engineering and Construction Observation Fees associated with the Ridgeley Drive Projects in the amount of $68,318.00, seconded by Council Member Whiting.

 

Mayor Pro Tem Castro and Council Member Denninger questioned why it was not the contractor’s responsibility to pay for the additional survey charges. Efrain stated it was unknown who destroyed the stakes put out during the survey.

 

Council Member Anderson wanted to know why Claunch & Miller was estimating the charges on the overages instead of using actual numbers. Efrain said he had a worksheet with the actual numbers that he could give Council. Council Member Anderson also asked if the culverts were designed correctly and who will be paying for the corrective measure to correct the drainage issue. Efrain stated that AAA would be making the changes under the contract. A vote was taken to authorize additional Engineering and Construction Observation Fees associated with the Ridgeley Drive Project in the amount of $68,318.00 and unanimously failed 0-5.

 

The Mayor excused City Engineer Efrain Him of further attendance at the current Council meeting.

 

 

 

 

5. REPORTS TO COUNCIL

 

5.1. Police: Chief Gary Finkelman discussed his written report to Council and citizens. There were over 100 calls in Hilshire Village in September due to the Hurricane. There was one accident in which one of the Village Fire trucks snagged an iron gate while leaving the Village. Six people were arrested due to the actions of the officer keeping a tight rein on outsiders in the Village. A trailer was stolen and two unlocked vehicles were broken into. An arrest was made of the man who had exposed himself to two little girls on Glourie in June. The arrest was made due to Spring Valley Police Department diligence and working with the Memorial Police and one of City of Houston’s sketch artists.

 

5.4 Building Official: Ted Lazarides, Building Official, had previously distributed his written report. Lazarides stated that there were six (6) new permits not related to new construction. Lazarides stated that the plan check on pools had been re-worded to match the City’s ordinance. He also suggested that Council needed to clarify the tree ordinance because there were loop holes. Lazarides and Mayor Border discussed the fact that net building area has not been an issue in the past because the lots that have been built on have been substantially large lots where there is no issue on the size of the house.

 

6. DISCUSSION:

 

6.1 Reviewing ordinance on Permitted Driveway and Pedestrian Access within

Public Rights-of-Way that was approved at Council Meeting August 19, 2008. Council Member Anderson stated that this item was addressed very late in the night and she thinks that the issue on cul-de-sacs was not examined properly. The whole intent of limiting the access to no more than 50% is so that the entire cul-de-sac is not concreted in. Council Member Anderson stated that the area being discussed is where the right-of-way meets the paved street and if you use 22 feet you create an area where the whole area will be concrete. After discussion Council Member Whiting suggested that this topic be tabled until they have more information. Anderson motioned to put this topic on as a discussion and possible action, seconded by Council Member Denninger. A vote was taken to put a change in the ordinance regarding driveways. The change would read “A property owner will be allowed one driveway access of 16 feet in width even if the width of the driveway exceeds 50% for the number of feet where the property right-of-way meets the paved street.” The vote passed 3-2. Council Member Anderson, Wolfe, and Denninger voted for putting the topic back on the Agenda as an action item and Council Member Whiting and Mayor Pro Tem Castro voted against putting it back on the agenda.

 

6.2 Reviewing the computation of net building area pursuant to Section 11:03 Dwelling Unit of the Hilshire Village Ordinances to include any and all floors of a dwelling unit (Zoning). Council Member Anderson stated that historically all the lots have been calculated at 40% of the net area of the building exclusive of garage, carports, breezeway, covered patio and accessory buildings. Council Member Anderson stated that all she wanted was a clarification of net area. She believes that the 1225 Pine Chase house is overbuilt for the size of the lot. The problem is when you build on a small lot 11,000 to 12,000 square feet. Council Member Anderson also stated that the garage that is attached does not have the 20 foot setback. She also stated that 8001 Anadell is attached and also does not have a 20 foot setback. Council Member Wolfe said that there will be a lot of houses torn down and rebuilt on small lots and the City needs to be careful what they allow to be built or we will end up with patio homes with no trees and no ambience.

David Olson stated that the interpretation of the ordinance is that grade level does not include second level. Council Member Whiting stated that the City needs to step back and come up with a real plan as to what we want the City of Hilshire Village to look like. “What do we want the aesthetics to be”; she thinks we need to address this but not as a knee jerk reaction. She thinks we need to have a professional help us with this issue. Mayor Border is concerned that if Council does something quick, mistakes will be made. He believes a committee needs to be put together and review the ordinance in its entirety.

 

Council recessed at 8:53 P.M.

 

Council reconvened at 9:09 P.M.

 

6.4 Reviewing fee charges associated with repairs and remodeling of homes damaged during Hurricane Ike. Attorney David Olson said that all residents and requirements need to be treated the same. Mayor Border said we are under a declaration of disaster until tonight’s Meeting. Council decided that under the emergency disaster declaration the Mayor should waive all permit fees related to Hurricane Ike pulled prior to October 21, 2008.

 

6.5 Considering limiting appearance of the City Attorney at City Council Meetings to an as needed basis. Mayor Border stated that in the budget workshop this subject came up and since the meeting the agenda has been reworked to release the City Attorney after all issues that may need his interpretation. Mayor Pro Tem Castro agreed with the Mayor on this decision. Council Members Denninger and Anderson were concerned with the cost issue. Mayor Border said that one of the reasons he wants the City’s attorney at the meeting is because there are two attorneys on Council and he feels that he needs the interpretation of the law by an outside attorney. David Olson said that he will make himself available if any questions arise

when he is not at the meeting.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION ON):

4.4 A motion was made by Council Member Whiting to approve an ordinance adopting a new schedule of fees to be charged on City services performed with one correction to tankless water heater permits, seconded by Mayor Pro Tem Castro. A vote was taken to approve an ordinance adopting a new schedule of fees to be charged on City services performed and passed unanimously 5-0.

 

                                                AN ORDINANCE OF THE CITY OF HILSHIRE VILLAGE, TEXAS

                                                ADOPTING A SCHEDULE OF FEES TO BE CHARGED FOR

SERVICES PERFORMED BY THE CITY; PROVIDING A PENALTY NOT TO EXCEED $500.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

 

 

4.5 A motion was made by Council Member Denninger to approve a tax rate of $0.136891 cents for the purpose of paying the accruing interest and to provide a sinking fund for payment of the indebtedness of the City, seconded by Council Member Whiting. A vote was taken to approve a tax rate of $0.136891 cents for the purpose of paying the accruing interest and to provide a sinking fund for payment of the indebtness of the City, and the motion passed unanimously.

 

A motion was made by Council Member Denninger to approve a tax rate of $.0391704 cents for the purpose of funding the maintenance and operation expenditures, seconded by Council Member Whiting. A vote was taken to approve a tax rate of $.0391704 cents for the purpose of funding the maintenance and operation expenditures, and the motion passed unanimously.

 

A motion was made by Council Member Anderson to adopt an ordinance providing for the levy and collection of ad valorem taxes of the City of Hilshire Village, Texas, for the year 2008; providing for two components to the proposed tax rate, consisting of a tax rate $0.136891 cents and $0.391704 cents. A vote was taken to adopt an ordinance providing for the levy and collection of ad valorem taxes of the City of Hilshire Village, Texas, for the year 2008, and the motion passed unanimously.

 

AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF HILSHIRE VILLAGE, TEXAS, FOR THE YEAR 2008; PROVIDING FOR TWO COMPONENTS TO THE PROPOSED TAX RATE, CONSISTING OF A TAX RATE OF $0.136891 Cents for the purpose of paying the accruing interest and to provide a sinking fund for payment of the indebtedness of the City, and a tax rate of $0.391704 Cents for the purpose of funding the maintenance and operation expenditures, which SHALL BE APPROVED BY SEPARATE MOTION; PROVIDING FOR THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY

 

City Attorney is excused of further attendance at this Council Meeting unless Council has any questions.

 

5. REPORTS TO COUNCIL

 

5.2 Fire Commissioner: David Labbe’ gave an activity report for August and September 2008. August had two (2) service calls. The VFD expenditures were 3.81% under budget for the year to date. September had 13 calls. The VFD expenditures were 4.15% under budget for the year to date. The administrative Sub-Committee has reviewed the By-Laws and has developed a list of changes to be presented to the board at the next meeting. VFD has decided to go out for bids for the upcoming audit. The new fire engine has arrived and Lt. Wilson is being promoted to Captain.

5.3 Treasurer Report: Manisha Patel stated that she had reviewed the Investment Policy and it looks good to her. She has submitted the 3^rd Quarter Investment Report.

 

 

5.5 Mayor and Council:

 

Mayor Border stated that he had hand bills put out regarding the last clean-up; however, there were some residents who kept bringing out debris and he sent letters to those residents. Mayor Border stated that most items have been cleaned up and that Harris County is working on getting the stumps removed.

Mayor Border stated that a date needed to be chosen for the Public Hearing regarding zoning ordinance regulating detached garages and the Specific Use Permit for School of the Woods. The date for the Public Hearing will be November 18, 2008 at 6:45 P.M.

Council Member Whiting stated that the surveys had been completed for Bridle Spur and there is still one mortgage company that had not signed the release at this time.

Ridgeley Project Citizens Committee had a meeting but only 3 members showed up. Some of the comments during the meeting were that the City needed to recognize that these culverts/ravines are in resident’s back yards. Janet Wourms stated they would personally help fund the beautification.

Council Member Whiting thanked the Mayor for going to Spring Valley Elementary and answering questions.

 

........... 5.6 HVCEFFC (Conduit Bonds) City Secretary Blevins stated that the balance in the

account was $2,167.15.

 

5.8 City Secretary Report: City Secretary Blevins announced that the City was having problems with their emails and that duplicate copies of emails had been received and are being sent out.

City Secretary Blevins attend a FEMA Kickoff Meeting. In the meeting an explanation of what forms had to be filled and what type of information FEMA required. City Secretary Blevins also stated that there would be some type of grant for purchasing generators.

 

7. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION ON):

7.1 A motion was made by Council Member Anderson to approve a donation to Friends of Library on Carbondale of $250.00 for 2008, seconded by Council Member Whiting. Mayor Border stated that this donation was in the City’s 2008 budget. A vote was taken to donate $250.00 to Friends of Library at Harris County Library on Carbondale of $250.00 for 2008 and the motion passed unanimously.

8.1 A motion was made by Council Member Anderson to reappoint Board members for the Zoning Board of Adjustment: Chairperson: Mike Woodruff, Members: Kathleen Cullen, David Gunn, Wallace Partridge and Steve Stringer, Alternate Members will be Tom Steffan and Michael Peterman. A Vote was taken to re-appoint Board Members, Mike Woodruff, Kathleen Cullen, David Gunn, Wallace Partridge, Steve Stringer and Alternate Members Tom Steffan and Michael Peterman for the Zoning Board of Adjustment and the motion passed unanimously.

 

8.2 A motion was made by Council Member Whiting to approve the re-appointment of Tom Archer as Fire Commissioner and David Labbe’ as Alternate Fire Commissioner, seconded by Council Member Denninger. A vote was taken to re-appoint Tom Archer as Fire

Commissioner and David Labbe’ as Alternate Fire Commissioner and the motion passed unanimously.

 

8.3 A motion was made by Mayor Pro Tem Castro to approve the Investment Policy and Resolution as written, seconded by Council Member Whiting. A vote was taken to approve the Investment Policy and Resolution as written and the motion passed unanimously.

 

9. CONSENT AGENDA: A motion was made by Council Member Whiting to approve the Consent Agenda as presented less item 9.4 and Flores Tree Invoice, seconded by Council Member Anderson. A vote was taken to approve the Consent Agenda less item 9.4 Minutes of the Public Hearing Meeting September 30, 2008 and the invoice from Flores Tree Company and the motion passed unanimously.

 

9.1 A motion was made by Council Member Whiting to pay Flores Tree Service in the amount of $4,500.00, seconded by Council Member Anderson. A vote was taken to pay the invoice to Flores Tree Service in the amount of $4,500 and the motion passed unanimously.

 

9.4 A motion was made by Council Member Whiting to approve the minutes of the Public Hearing Meeting September 30, 2008, with changes to comments from Stephanie Post, seconded by Council Member Denninger. A vote was taken to approve the minutes of the Public Hearing Meeting September 30, 2008 with changes to comments from Stephanie Post and the motion passed unanimously.

 

10. MAYOR AND COUNCIL COMMENTS: NONE

 

11.      ADDITIONAL CITIZENS COMMENTS:

 

David McDuffie, 1335 Pine Creek Lane, stated he objected to using the word clarification to try to pass a substance change to an ordinance. Also, he objected to a quick fix. There should be a public hearing to hear what the residents have to say.

 

David Labbe’, 1311 Pine Chase Drive, agreed with David McDuffie’s comments that we should not look for a quick fix and the City should have the public’s input. A lot of consideration should be given to the subject. He also believes the tree ordinance needs consideration.

 

12.      ADDITIONAL COUNCIL COMMENTS:

 

Council Member Whiting read an email from Debra Stephens acknowledging Mayor Border for his exemplary service that he provided to the Village during the storm.

 

Council Member Denninger was disturbed that the attendees at the Council Meeting were upset. He could not believe they would think anyone on this Council would try to do anything or make any changes without residents knowing about it.

 

 

13. ANNOUNCEMENTS: NONE

 

14. ADJOURNMENT: It was moved by Council Member Anderson and seconded by Council Member Whiting to adjourn.

 

 

 

 

 

                                                                                                                                                                        ____________________

                                                                                                                                                                        Robin S. Border, Mayor

ATTEST:

 

__________________________

Susan Blevins, City Secretary