CITY OF HUNTERS CREEK VILLAGE, TEXAS
MINUTES OF CITY COUNCIL MEETING
FEBRUARY 21, 2006
The City Council of the City of Hunters Creek Village, Texas convened in regular session at 7:30 p.m. on Tuesday, February 21, 2006, at City Hall, #1 Hunters Creek Place, Hunters Creek Village, Texas.
Present: Mayor Steve Reichek
Council Members: George Shannon, Mayor Pro Tem
Michael Cokinos
Peggy Burck
Art Casper
Roger Stark
City Secretary: Deborah Loesch
City Attorney: Cheryl Wilson
With a quorum of the Council Members present, Mayor Reichek called the session to order at 7:30 p.m.
PUBLIC COMMENTS
Public comments were received from the following residents stating their opinions either for or against the re-design of Pifer Road from concrete to asphalt and a width of 28 feet to 23 feet:
Randy O’Donnell 621 Pifer Rd
Sharon Durr 10903 Bridgewood
Eve Harrell 660 Pifer Rd
Jay Carlton #1 Cape Cod
Nancy and Homer Peterson 10914 Pifer Way
R. Don Foster 773 Pifer Rd
Tim Weaver #4 Cape Cod
T. Mark Kelly 10901 Little Lisa Ln
Jerry Allen 10910 Bridgewood
Susan Kellner 10915 Pifer Way
REPORTS
Fire Commissioner. Elwin Peacock reported that the 2005 audit indicated that the preliminary figures show that the department operated 3.22% under budget, once confirmed the City of Hunters Creek Village would receive an approximate refund of $30,000. The Fire Chief participated in a conference at Texas A&M concerning first responder’s preparedness during hurricanes. The process for submitting to the Fire Department for review of building plans before approved for construction has been discussed and agrees there is a need for improved communication between the department and all cities.
Police Commissioner. Police Chief Gary Brye reported that the 2005 audit will be done by Null Lairson; an Eagle Scout candidate, Andy Bettisworth, from Hunters Creek has been working on a project through the department to do a beautification plan at the Police Station to replant some of the foliage and install some benches; assigned Peter Slot as the new representative to the Insurance Board; actively working on citation contact data racial profiling reports as required by state law; and working with HPD undercover to catch suspects on burglaries and were able to recover the property.
City Treasurer’s Report. Bob Dodson, City Treasurer, reported that the City earned 4.38% on its money market deposits in January. The revised banking services contract with Wells Fargo has been provided for your review and recommended approval. The contract was awarded in September to Wells Fargo, however, we have been negotiating some of the terms and have resolved those issues. Included in the contract is authorization for the mayor to execute a $500,000 unsecured line of credit for working capital purposes. We are trying to get the approval in place so that it would be available when needed. Also requested council to approve the resolution authorizing the mayor, city treasurer, and the city secretary to approve the release or substitution of securities pledged as collateral to secure funds on deposit so long as such release or substitution is in accordance with the terms of the depository contract and pledge agreement and the City’s investment policy. The bank had undercolleratized the securities during January by $200,000, which was in line with the old contract. This was brought to the bank’s attention and should now be in line with the new contract to provide 102%.
City Engineer’s Report. Bobby Deden, City Engineer and Doug Williams, consultant for the City, reported on the status of various on-going capital projects.
(1) Pifer Road bridges completion is still on hold until the paving is completed on Pifer Road leaving the retaining wall to be installed;
(2) Pifer Road – Entex is currently working on relocating the gas lines which will take approximately 3 weeks to complete. The contractor should be able to begin paving within a week as the gas lines are completed. The water lines are complete but there have been no new connections made, setting up for testing before change out to the residences. The water authority is required to give residents 24-48 hour written notice before changing. This will be done usually as door hangers.
(3) Memorial Drive Phase III – Resurveyed after the water authority remarked the location of the values and waiting on approval of the plans from Harris County Flood Control and receiving funds of $1,265,000 for their share in the project.
(4) Camelot and Country Lane drainage and paving project – surveying has been in progress and the design phase has started to construct a 28’ concrete curb and gutter street.
CONSENT AGENDA
Upon a motion made by Councilmember Burck and a second by Councilmember Shannon, the Council voted five (5) for and none (0) opposed to approve and adopt the consent agenda as follows:
a. Approval of the Minutes of the January 17, 2006, January 27, 2006 and February 13, 2006 meetings.
b. Approval of Resolution No. 06-03 providing for at least one accessible voting system as required by Section 61.012 of the Texas Election Code for any election ordered on or after January 1, 2006.
c. Approval of Ordinance No. 661 providing for the holding of a general election on May 13, 2006, for the purpose of electing three (3) alderman (Position Nos. 1, 2, and 3)
d. Approval of Resolution No. 06-05 authorizing the execution of a revised Bank Depository Contract and Pledge Agreement with Wells Fargo Bank.
e. Approval of Resolution No. 06-04 authorizing the Mayor, City Treasurer, and City Secretary, individually, to approve the release or substitution of securities pledged as collateral to secure the funds of the City in accordance with the City’s bank depository contract and the depository pledge agreement.
f. Approval of an inter-budget transfer request from the Memorial Villages Police Department in the amount of $53,400.00.
g. Approval to establish a donations program for the accepting of bequests, gifts, or property on behalf of the City.
h. Approval of an Agreement for Landscape Architectural Services with Rialto Studio related to Interstate 10 highway right-of-way project.
REGULAR AGENDA
Discussion and possible action to consider changing the design of Pifer Road.
There was discussion with no formal action taken.
After receiving comments from the public for or against changing the design of Pifer Road from concrete to asphalt and the width from 28’ to 23’, a presentation was made by Bobby Deden, City Engineer, on the cost and time involved to re-design the road from 28’ to 23’. Overall it would cost approximately $130,000 for materials, with an additional costs engineering and design fees. The City would have to renegotiate the contract with the contractor because of increased costs for materials, labor, and mobility issues once the project is resumed. The time delay for a re-design would be about 90 days. The design of the street at 28’ was to provide appropriate drainage and would recommend that the street remain at the current design of 28’. Fire Chief Calagna stated that he would encourage the City to adhere to the subdivision ordinance requiring the 28’ width due to access for emergency vehicles. Narrow streets are difficult for these large vehicles to maneuver through.
Mayor Reichek stated that it is the City’s policy to construct streets at 28’ concrete curb and gutter. Any decision that this Council makes regarding this project will be looked on by other residents for future drainage projects.
Doug Williams, engineering consultant to the city, concurred with the recommendation of the City Engineer to keep the width of the street at 28’. New street construction county-wide is building streets at 28’ to accommodate the size of emergency vehicles for life safety reasons.
Cheryl Wilson, City Attorney, advised the Council that there is currently an ordinance in place requiring the construction of streets to have a hard roadway surface to be no less than 28 feet including curbs and gutters.
Councilmember George Shannon commented that the decision to construct Timberwilde at a narrower size than required provided no benefit to correct any drainage for that neighborhood, whereas the Pifer Road project benefit directly affects not only the residents along Pifer Road, but also those roads that spur off of Pifer. There are life safety issues that must be considered in making such decisions. Recognizing that there were some communications breakdowns on this project; however, the council takes action based on open meetings requirements and posted agendas. The council meets and makes decisions based on information provided to them at the meetings. Renegotiating the contract at this time would significantly delay the project and should consider the budgetary constraints. The recommendation of the engineers must be considered when determining the width of the road based on the engineering design to move flood waters from the street to the creeks and bayous.
Councilmember Cokinos asked Bobby Deden, City Engineer, why asphalt would not be recommended. Bobby Deden stated that asphalt has a shorter life term than concrete based on weathering factors and the cost involved for labor and equipment to put down the material.
Discussion and possible action to consider approval of an interim agreement with Pablo Cerna to provide contract maintenance services.
This item was tabled.
Discussion and possible action to receive and consider a final report from the Planning and Zoning Commission and consider calling for a public hearing to amend the zoning ordinance relating to (1) amending Sub-Section 7-7. b, 7-7. c, 7-7. e and 7-7. f, of the Zoning Ordinance regarding allowing electronic message centers and increasing the square footage allowed on double-sided signs; (2) amend Section 19-1, the definition of accessory structures; (3) delete Sub-Section 6-4 a(4)(b) of the Zoning Ordinances allowing for one lot in a new subdivision to be less than 22,500 square feet in area but no less then 20,000 square feet in area; and (4) amending Sub-Section 6-7 b of the Zoning Ordinance to remove the term “setback” in the text on fences and walls.
A motion was made by Councilmember Shannon with a second by Councilmember Casper to receive and accept the final report from Planning and Zoning Commission and call for public hearings to be held on March 21, 2006 at 7:30 p.m. and April 18, 2006 at 7:30 p.m. to receive public comments on the proposed amendments. The motion carried unanimously with Council voting five (5) for and none (0) opposed.
Discussion and possible action to consider approval of Ordinance 657 amending the Code of Ordinances of the City of Hunters Creek Village, Texas, the same being the Zoning Ordinance of the City, by striking all of Section 19.5 of Chapter 14 thereof and substituting therefor a new Section 19.5; providing a definition for “height of building”; by striking all of Sub-Section 6-3 and substituting therefor a new Sub-Section 6-3; establishing the maximum height of buildings in District R, single family residential district; by striking all of Sub-Section 7-2 thereof and substituting therefor a new Sub-Section 7-2; establishing the maximum height of structures in District B, Business District.
A motion was made by Councilmember Burck with a second by Councilmember Stark to approve Ordinance No. 657 amending the Zoning Ordinance regarding the height of buildings. The motion carried unanimously with Council voting five (5) for and none (0) opposed.
Discussion and possible action to consider approval of Ordinance No. 658 amending the Code of Ordinances of the City of Hunters Creek Village, Texas, the same being the Zoning Ordinance of the City, by adding a new paragraph to Sub-Section 9-2 of Chapter 14 thereof; by redesignating Sub-Section 9-2b. to Sub-Section 9-2d. of Chapter 14 thereof; by striking all of Sub-Section 9-2a. of Chaptaer14 thereof and substituting therefore a new Sub-Section 9-2a.; providing definitions for “lot” and “non-conforming lot”; establishing the minimum required yards and maximum lot coverage for nonconforming lots and the maximum height of buildings located on nonconforming lots.
A motion was made by Councilmember Burck with a second by Councilmember Stark to approve Ordinance No. 658 as revised by the City Attorney. The motion carried unanimously with Council voting five (5) for and none (0) opposed.
A motion was made by Councilmember Burck with a second by Councilmember Stark to submit to the Planning and Zoning Commission for their review and recommendation revising the zoning ordinance as related to minimum required yards for conforming lots existing before March 25, 1955. The motion carried unanimously with Council voting five (5) for and none (0) opposed.
Discussion with possible action to consider any action regarding the Soldier’s Creek Relief Project.
Doug Williams, Consultant, and Bobby Deden, City Engineer, updated Council on the status of the City of Piney Point Village’s project. The project is moving along faster than expected. Representatives from both the cities and the contractor met recently and have acknowledged the requirement that construction cannot turn at Greenbay until the Memorial Drive phase has been completed. A redesign to the paving contract caused a recent delay on completing Memorial. They should be mobilizing on Monday, February 26. Bobby Deden also reported that he has been in contact with representatives with SBC to advise that they coordinate with Piney Point Village at the intersection of Voss and Memorial so there will be no delays there.
EXECUTIVE SESSION
A Closed Meeting was convened in accordance with the authority contained in Section 551.074 of the Texas Government Code to discuss personnel matters relating to the duties and responsibilities of the Building Official. The Closed Meeting convened at 9:55 p.m. and adjourned at 10:10 p.m.
Council reconvened in Open Meeting.
A motion was made by Councilmember Shannon with a second by Councilmember Casper to accept the resignation of Ed Mergele as Building Official. The motion carried unanimously with Council voting five (5) for and none (0) opposed.
ADJOURN OPEN MEETING
A motion was made by Councilmember Stark with a second by Councilmember Burck to adjourn the meeting. The motion carried unanimously with Council voting five (5) for and none (0) opposed. The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Deborah L. Loesch, TRMC
City Secretary
These minutes approved on the 21st day of March , 2006.
Ordinance Nos. 657, 658 and 661, Resolution Nos. 06-03, 06-04, and 06-05, and the Planning and Zoning Commission’s Final Report are on file in the City Secretary’s office and are made a part of these minutes by reference.