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Village |
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TUESDAY, December 16, 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 Wolfe. 1.2. Present were Mayor Robin Border, Council Members Cheryl Wolfe, 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 and Ted Lazarides, Building Official. 2. CITIZENS COMMENTS: <>David McDuffie, 1335 Friar Creek Lane, stated that he thought City Council was referring the question on net building area to a committee. Once again he thinks the City should have a public hearing and that Council should not vote on this.Bill Bristow, 1233 Pine Chase, stated that even if agenda item 5.1 is passed it can be brought up again after the next election in which in can be changed back. Hulse Wagner, 1307 Pine Chase, stated his objection to City Council trying to pass item 5.1 as a clarification when it is a modification of an existing ordinance. Mayor Edward Davis, 1103 Glourie Drive, wants verification from Council if item 5.1 is just a clarification or if Council is trying to change the definition of building area net or is this just a discussion. Mayor Border stated he did not want to change any language of a zoning ordinance without proper steps. 3. REPORTS TO COUNCIL: <> 3.1. Engineers: Efrain Him of CMI gave his report regarding Ridgeley Drive Reconstruction Project Utility Improvements (Package 2) – CMI has received two (2) sets of Record Drawings and five (5) copies of the Lift Station’s O & M Manuals. Once these have been reviewed and approved by HDR/CMI they will be asking for final disposition to Metro CityPaving & Drainage Improvement (Package 3), AAA Asphalt Paving, Inc. has replaced the affected driveways between Archley North and Archley South except the driveway at 1225 Ridgeley. AAA Asphalt has installed the first layer of asphalt along Burkhart from Ridgeley Drive to the West End and along Ridgeley Drive from Burkhart to Archley North. AAA Asphalt discovered that the existing 2-inch water line along Glourie Circle was leaking and was the main cause of water standing in the ditches along Ridgeley Drive and Glourie Circle. The existing water lines have been previously repaired in at least two (2) instances and its existing condition is not good. An emergency repair of this water line was conducted by AAA Asphalt on November 19, 2008, and the ditches have been draining properly.
AAA Asphalt has temporarily corrected the standing water issues on Channel Crossing C and D by backfilling the affected areas with fill material. Additional concrete rip rap will be placed in these crossings at the same time they do Channel Crossing A.
A field meeting was held on December 1, 2008, with the Ridgeley Drive Committee chairperson, the affected residents, the Urban Forester, Contractor and Engineer to coordinate construction activities and residents concerns related to the improvements at Channel Crossing A.
Council Member Anderson wanted to know who the affected residents were. Efrain stated that the Morrison’s were the only ones who showed up. Council Member Anderson wanted a meeting to be set up for residents on the ravine side of Archley, Burkhart and Mallie Court that would be affected by the Crossing.
AAA Asphalt had started work on Channel Crossing A; however, they had a conflict with an existing three (3) inch gas line and the work had to be temporarily stopped until CenterPoint Energy relocates the line.
HDR/C&M met with Mayor Border on December 9, 2008, to discuss other potential work that could be performed by AAA Asphalt. Items that were looked at were: a) Water line replacement in Glourie Circle. b) Repair of storm inlet at 3 Hilshire Oaks. c) Repair of sanitary sewer manhole frame concrete collar at Hilshire Oaks. d) Installation of concrete curb at entrance approach to the Hilshire Oaks entrance. e) Repair of concrete curb and asphalt pavement at 1 Pine Creek Lane that was damaged during Hurricane Ike. f) Repair pavement at 7 and 9 Pine Creek Lane. g) Repair pavement at 1233 Pine Chase Drive and 8006 Bromley.
Mayor Border stated that he drove around with Efrain and looked at each individual item. He stated that the money received from Metro has a stipulation on the way the money is to be spent and that these items might be handled with the money left over from Metro Ridgeley and the Harris County Culvert projects along with the Ridgeley beautification project.
City Secretary Blevins asked if the repair of the concrete curb and pavement on Pine Creek, Pine Chase and Bromley could be turned into FEMA for reimbursement. Mayor Border stated that would be another funding avenue.
Mayor Border stated that the City has an appointment with FEMA tomorrow to discuss grant money for City projects and if Efrain or anyone else knew of other repairs to please let him know.
HDR/C&M recommends that payment be made to AAA Asphalt Paving, Inc., for an amount of $61,487.63 (Pay Application No. 10) for completion of approximately 68.44% of the work and within 114.07% of the contracted time.
4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):
4.1 Council Member Anderson made a motion to authorize payment to AAA Asphalt Paving, Inc., (Pay Application No. 10) for work related to the Ridgeley Drive Paving & Drainage Improvements Project (Package 3) in the amount of $61,487.63 seconded by Council Member Wolfe. A vote was taken to authorize payment to AAA Asphalt Paving, Inc., in the amount of $61,487.63 and the motion passed unanimously.
The Mayor excused City Engineer Efrain Him from further attendance at the current Council meeting.
5. REPORTS TO COUNCIL:
Out of Order 5.2 Fire Commissioner: Tom Archer gave an activity report for November 2008. The month of November had two (2) calls for the month, both being ambulance. The City has had 60 calls so far this year compared to 39 last year. Financial report shows that the department is 5.36% under budget. The year end should be 2 to 3% under budget. FEMA will reimburse the fire department approximately $25,000.00 to cover Hurricane Ike’s expenses. Insurance Policies have been awarded. The Fire Department has been using an experimental piece of equipment to revive heart attack victims. It is still in experimental stages. The equipment did revive one person in the Village.
5.3 Building Official: Ted Lazarides stated that there were ten (10) miscellaneous permits issued for roof replacement, fence, electrical and plumbing. He revoked building permits on November 19, 2008 for 1225 Pine Chase and 8001 Anadell and they will go to the Board of Adjustments for a variance.
Council Member Anderson asked David Olson about the appeal process under ordinance 3.113. David Olson stated that all Zoning issues go to the Board of Adjustment instead of Council.
Council Member Shannon Whiting arrived at 7:45 P.M.
5.4 Treasurer Report: NONE
5.5 Mayor and Council:
Mayor Border: The Mayor attended his first TML seminar on economic development and retail business in Austin. The conference was helpful wherein he met several contacts and has made appointments to inquire if they have any good ideas for the City. The cost was less than $600.00 for two days and he felt it was well worth the cost.
Council Member Whiting: NONE
5.1. Police: Chief Gary Finkelman discussed the monthly report for November and the fact that there were five (5) motor vehicle burglaries. The main problem was purses left in the front seat of the vehicles. Two (2) arrests were made: one (1) for public intoxication and one (1) for a violation of a City ordinance. One (1) motor vehicle theft involving a Mercedes Benz in which the keys were left in the ignition and was driven to San Antonio and traded for another car.
ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):
7. CONSENT AGENDA: A motion was made by Mayor Pro Tem Castro to approve the Consent Agenda as presented less item 7.2, Minutes of Council Meeting of November 18, 2008, HDR/CMI’s invoice and 7.3 Christmas Holidays, seconded by Council Member Wolfe. A vote was taken to approve the Consent Agenda less items 7.2 Minutes of Council Meeting of November 18, 2008, 7.3 Christmas Holidays and HDR/CMI’S invoice from 7.1 and the motion passed unanimously.
7.1 A motion was made by Mayor Pro Tem Castro to approve payment to HDR/CMI’s invoice in the amount of $16,967.02, seconded by Council Member Wolfe. Council Member Anderson asked if HDR/CMI’s invoice was the invoice for the additional work that was approved at the Special Council Meeting. She did not believe this should be paid. Mayor Border confirmed that Council had already approved the invoice for payment. A vote was taken to approve NDR/CMI’s invoice in the amount of $16,967.02 and the motion was approved 3-1. Council Mayor Pro Tem Castro, Council Members Wolfe and Whiting voted for the motion and Council Member Anderson voted against the motion.
7.2 A motion was made by Mayor Pro Tem Castro to approve the minutes of November 18, 2008, with the addition of the statement “the motion was withdrawn” to page 7, 2nd paragraph. A vote was taken to approve the Minutes of November 18, 2008, with the addition of the statement “the motion was withdrawn” to page 7, 2nd paragraph and the motion passed unanimously.
7.3 Mayor Border withdrew item 7.3 stating that the City’s office should not be closed 3 days in a row.
Out of Order 5. ACTION ITEMS: (CONSIDERATION AND POSSIBLE ACTION ON)
5.1 David Olson stated that the reason this clarification of the definition of "net building area has been brought to Council again is because a Council Member came to him with concern and an alternate meaning of net building area. He stated Council has ultimate authority of interpretation of the code of ordinances. He also stated that Council should not change the wording without a public hearing. This is purely a way for Council to look at the definition and instruct the staff.
Mayor Pro Tem Castro stated that the question is: does grade level mean ground floor or does it include the second floor. Council Member Anderson said prior to July 8, 2008 that Ted had been interpreting it as both floors. She stated that she asked Ted to show us the difference using both interpretations. Mayor Border stated he was concerned because he did not want Council to be at risk of changing a zoning ordinance for clarification without a hearing. David Olson stated that it was a risk. Council Member Anderson stated that she understood that people wanted to build bigger houses on smaller lots. Ted has told us before that he added both floors to determine the net building area in the past. Mayor Border stated that it never came into play because everyone was building on bigger lots. Mayor Pro Tem Castro said we only have one issue before us: “does grade level mean ground level?” Webster defines grade as a data of reference level, especially ground level. If Council wants to limit the size of houses then that is a different issue and needs to be looked into. Council Member Whiting was confused as to what Council was trying to do. “Grade level means ground level.”
Council Member Anderson said that the issue is under the section of Net Building Area. Grade level is not the only issue. Net building area does not include just one floor or it would say “net building area of the first floor.” Instead it states the net building area of the main building. The Mayor added “at grade”. The Mayor stated throughout the ordinance it states “at grade”. Throughout the Zoning Ordinance the term “at grade level” is used to mean “ground floor” and if it states more than “one level” it is spelled out. Ted Lazarides explained how it calculates net building area. Council Member Anderson reminded him that he had to take into consideration what needed to be tiered back. Ted continued to explain he has taken into consideration all tier backs.
Mayor Border stopped the explanation stating it was interesting; however, all we are trying to do is clarify “net building area”. Council Member Wolfe stated she still wanted to show the difference of net building area using one floor compared to two floors. Council Member Whiting said it was irrelevant to what was on the Agenda. Mayor Border stated again that the terminology at grade level does not mean how big a house you can build. Council Member Whiting stated that a vote needed to be taken.
A motion was made by Council Member Whiting that the definition of net building area shall mean the enclosed building area taken at grade and shall mean first floor, seconded by Mayor Pro Tem Castro.
Council Member Wolfe wanted to know what the status of the alleged committee was. Mayor Border stated that we already have a committee, the Board of Adjustment, and they already have an understanding of the ordinances and have agreed to address anything Council asked of them and will make recommendations. Mayor Border stated that Council needs to define the problem. Council Member Wolfe asked what other violations occurred at 1225 Pine Chase. The answer was none. Council Member Wolfe also asked what will be done to keep from making mistakes again. Council Member Whiting said that the check list had been corrected. Ted Lazarides stated that the ordinance that was missed was not codified. He also stated that he was working with Mike Woodruff and his committee to go over the plan check list. Mayor Border stated that the City Secretary has been instructed to print the ordinances in pink and put them in the City’s Ordinance Book on the Wednesday after Council meeting.
A vote was taken to approve the definition of net building area to mean: “the enclosed building area taken at grade shall mean first floor” and the motion passed 3-1. Mayor Pro Tem Castro, Council Members Whiting and Wolfe voted for the motion and Council Member Anderson against the motion.
10. MAYOR AND COUNCIL COMMENTS:
Mayor Pro Tem Castro stated if anyone has concerns they should give them to the Mayor and he will take them to the Board of Adjustment.
11. ADDITIONAL CITIZENS COMMENTS: NONE
12. ADDITIONAL COUNCIL COMMENTS: NONE
13. ANNOUNCEMENTS: NONE
14. ADJOURNMENT: It was moved by Council Member Whiting and seconded by Council Member Wolfe to adjourn.
____________________ Robin S. Border, Mayor ATTEST:
__________________________ Susan Blevins, City Secretary
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