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Public Hearing & Council Meeting, April 20, 2010 TUESDAY, April 20, 2010 PUBLIC HEARING & COUNCIL MEETING 7:00 P.M. 1. CALL TO ORDER: Mayor Robin Border called the City of Hilshire Village Council Meeting to order at 7:00 P.M. at 8301 Westview, Houston, Texas 77055. Invocation was given by Mayor Pro Tem Castro. 1.2 Present: were Mayor Robin Border, Mayor Pro Tem Connie Castro and Council Members Cheryl Wolfe, Shannon Whiting, Edward Davis and Bill Bristow. Also present were Chief Gary Finkelman, Spring Valley Police Department, Efrain Him, P.E., Claunch & Miller, Inc., Engineer for the City, Ted Lazarides, Building Official and City Attorney, David Olson, Olson & Olson. Manisha Patel, the City Treasurer came in late. Recessed Council Meeting at 7:02 P.M. 2. PUBLIC HEARING on the subdivision of the property at the Hilshire Village address of 1209 Pine Chase Drive located in the Hilshire Manors Subdivision. Steve Tacconelly, 8013 Anadell, asked the City Council to slow down in regards to the subdividing of the property. He asked Council to review the drainage and to have studies done before subdividing the property. Also he said the City should look into the cost that the City will incur. Phil Brooks, 1026 Glourie Circle, also said the City has a major drainage issue in this area. The City needs to examine the drainage and the consequences that will result from this subdivision. Alan Wolfe, 1314 Pine Chase Drive, echoed the sentiments of the residents prior to him. He would like to see the beauty of the Village stay the same, winding asphalt streets, open ditches, architecture and the diversity of homes. Mr. Wolfe said the subdivision of the property will cause an increase to the density of the housing which he does not want. Altering the natural beauty by the subdivision of the property is not a good idea. Mr. Wolfe said the ravines are detrimental to the beauty we have in Hilshire Village and that is why 1209 Pine Chase ravine should be put back in its natural state. Jean Bravenec. 8010 Burkhart also agrees with everything said. She questioned why the new subdivision name, Stewart Manor. Mrs. Bravenec said if the homeowners decided to build a swimming pool it would increase the problem with the ground absorbing water. She said the long driveways would also have an effect on drainage. The City needs to be careful as to what they do or don’t do. She also said the City needs to be aware of the cost associated with the subdividing of the property. Carey Kemper, 8014 Burkhart, was talking in behalf of his mother, Clara Kemper. He stated he has seen this type of drainage issues in Sugarland and other areas. In the past the ground has soaked up the water; however, when you add too much asphalt, the land cannot absorb the water. He said the bulk of the water has ended up in the ravine in his mother’s backyard and it is eroding her land and no one has asked her if that is ok. The City needs to take in consideration the long term effects. He stated people originally moved into the City because it was heavily wooded and because of its natural surroundings. “Why change? You either want to live here or you don’t.” Gerald Fowler, 8006 Burkhart, agrees with what Mrs. Bravenec said. He said why change, “every one moved here because of the way the City looked”. He said the City is unique in that we depend 100% on the natural topography of the land for our drainage. No one knows what the result will be if the said property is changed. The people asking to change the law don’t care; they just want to make a profit. The City needs to have a good reason to approve this subdivision and the only reason he could come up with was an increased tax revenue and he said that is false because he believes the property value would increase by keeping the beauty of the neighborhood. Jason Hendrix, 1218 Ridgeley, stated he did not disagree with what the other residents stated. He said he was a real estate broker so he could understand what the developer wanted to do. He stated the construction company has a good reputation and they would do a good job and would enhance the neighborhood. Mr. Hendrix thinks the City needs to take it slow and easy and make them consider the drainage issue. He is not against the principle. Mr. Hendrix just wants to see it done right. Brian Thompson, Thompson Custom Homes, stated Hilshire Village was a great place to live. He has already built one house at 8108 Bromley. Mr. Thompson stated their request was a replat issue not a drainage issue. He stated he had already offered to fix the drainage but was met with opposition and anger and that is why they are not changing the existing easement. Mr. Thompson stated the City was originally a ranch when it was engineered and developed. It is not in its natural state. He stated: yes, he was doing it for a profit and he plans to improve the property and that change happens. Judy Shields, 1302 Glourie Drive, stated she wanted the City to review the overall drainage issue in the Village. The City knows there is a drainage problem and it needs to be addressed as a whole. Robert Wolf, 1205 Pine Chase, questioned the establishment of a new subdivision. He wanted to know if Stewart Manor was going to be a part of Hilshire Manor. Mr. Wolfe stated there were legal issues that needed to be addressed. He was not against progress he just wanted to see things done right. Zandra Anderson, 8214 Mallie Court, stated Agenda action item 5.1 for final replat of Stewart Manor was a faulty notification to the citizens. The citizens were notified of a replat not a new subdivision. She stated the developers must follow the regulations and the results of the replat cannot affect other residents. She stated the drainage should have never been filled in and it was the opportune time to fix the drainage and erosion problems. She stated the developer should have to bring the property up to our open ditch requirements. Ms. Anderson stated the City should inform the residents of the cost of sewer and water for this development. Ali Tabboush, Interfield Group, stated he was the engineer on this property He stated the drainage was grandfathered in on this property and they do not have intentions of changing it. He stated they would be following the City’s guidelines and would not drain on the neighbor’s property. Mr. Tabboush stated the two new houses would have less pervious area than the existing house. He also stated the utilities cost is minor compared to the tax revenue. Carol Kemper, 8014 Burkhart, stated she was Clara Kemper’s daughter and her mother’s backyard was almost all ravines now due to erosion. She said they are very concerned about flooding and the drainage issue. Ms. Kemper would appreciate the City taking their time to review the drainage and construction issues. Mayor Border asked if anyone else wanted to talk before he closed the public hearing. Public Hearing closed Council Meeting reconvened at 7:31 p.m. 4. REPORTS TO COUNCIL: 4.1 Police: Chief Finkelman said it was a quiet month. There was a rise of tickets and warnings issued which contributed to no issues within the City. 4.2 Fire Commissioner: Mayor Border reported there have been two (2) Fire Commissioner Meetings and the primary issues were reports from the compensation committee. He stated 90% of the Fire Department budget is employee’s expenses. At this time no recommendations have been made. He stated they received draft one (1) of the budget from the Fire Chief and it showed a 3 or 4% increase from the current budget. Bunker Hill’s representative said he could not sell this to his Council and that it needed to be a 0% or less budget. At the second meeting Draft 2 of the budget showed a 6 to 7 % increase. Hedwig’s representative stated they needed a 3 to 4% decrease in the budget. Mayor Border wanted to know what direction this Council wanted to see in regards to the budget. 4.3 City Secretary: City Secretary Blevins reported there was an ordinance under the Consent Agenda for Council to approve regarding cancelling the election and declaring the un-opposed candidates for May and Council Positions 1 and 2 elected. She stated the new Council Members will take office at the May’s Council meeting. City Secretary Blevins stated year to day cost associated with the Farris lawsuit was $21,229.97. She reported the utility billing went out and there were 5 houses that needed new meters. City Secretary Blevins explained the disbursements in the consent agenda. She stated the City received a letter from the City of Houston stating the sewer rates were going up and after a conversation with the City of Houston she was told they were looking into the City’s contract. City Secretary Blevins stated the Ordinance under Tab 21 was to correct the ordinance establishing water and sewer rates. The City’ has only one commercial account and the cost is $525.94 bimonthly not $262.97 bimonthly as written in the original ordinance. She also reported the City’s Census participation rate was 80%. 4.4 Building Official: Ted Lazarides stated it was another slow month. There were two (2) permits issued and seven (7) inspections done. He and City Secretary Blevins had a meeting with the ISO people and all forms were turned in. Ted stated he worked with the City’s attorney regarding changes to the new building codes and he also wanted to bring to the attention of Council that our City is one of the few that allows construction work on Sundays. He also wanted Council to know the City also requires the height of a structure to be based on the chimney in Hilshire and it is based on the ridge height in most other cities. Ted stated Council had some decisions to make regarding 1241 Archley that were beyond his scope of authority. 4.6 Engineer’s Report: Efrain Him of HDR/CMI stated additional information requested by FEMA has been submitted and is currently under review in regards to the Pine Chase and Glourie Drives Drainage and Paving Improvements Project. Efrain stated Dabhi Engineering Associates had conducted the field work, electrical load verifications and coordination with the electrical provider. DEAI indicated there would be a significant increase in the emergency generator size and additional modifications to the existing electrical system to accommodate any additional electrical load which would increase the project cost by $15,000 to $20,000. Mayor Border stated the cost might be getting out of hand on this grant. Efrain stated the grant was for $26,250 and the City’s portion was 25% of the cost. Efrain stated the engineering fees for the generator and the Pine Chase grant were combined together. He stated the City should be able to get a generator for the amount of the grant and the City’s portion would be under $10,000. Efrain reported he had reviewed the 1241 Archley drainage plans and he found them to be incomplete. He stated a portion of the drainage would outfall directly into Spring Branch Creek and portions of the proposed improvements would be located within the flood way so the drainage plan must be submitted to Harris County Flood Control District for review and approval. Efrain stated City Council would need to approve the proposed encroachments into the prescriptive 40-ft wide drainage easement. He stated there were also multiple aerial and utility easements being encroached upon. Efrain reviewed two different driveway construction alternatives submitted by engineers for 8014 Bromley. The home owners are requesting a variance to the City’s ordinance which requires an 18” reinforced concrete pipe for new driveway culvert. The variance is necessitated because the existing ditch is only 12” deep and it will not accommodate the standard 18” pipe. The two options submitted were a low water crossing which our ordinances prevent or an arch pipe equivalent of an 18” round reinforced concrete pipe which he believes is viable. Mayor Border stated there was a big difference in cost in these two options. Efrain reviewed the replat portion of 1209 Pine Chase but has not reviewed the drainage plan. He reported the developers needed to re-submit with the following changes: 1) The proposed drainage plan needs to be signed and sealed by a Registered Professional Land Surveyor. 2) A copy of the legal instrument showing the metes and bounds description changes between lots 13 and 14. 3) Label drainage areas and show drainage area calculations per lot. 4) Drainage area calculations per individual lot. 5) Correct footprint on Lot 2. 6) Show 25 ft Rear Building lines and aerial easements. 7) Under the LEGEND section define what U.N.O. means. 8) Under the GENERAL notes define what U.O.N. means. 9) No elevation changes shall occur around the perimeter of the property. 10) Grading plan needs to show planned spot elevations. 11) Drainage plan needs to show proposed elevations along the perimeter of all structures. 12) Any proposed landscaping areas along the perimeter shall not impede the storm water flow into and through swales or storm sewer inlets. 13) Provide details showing proposed catch basins. 14) City Engineer will establish driveway/walkway and culvert elevations. 15) Referred to attach City Drainage Guidelines for additional information. 16) Design Engineer shall verify location of existing utilities and determine if proposed sanitary sewer service lines will be able to tie into it. 17) Provide single sanitary sewer service for each lot. OUT OF ORDER: 4.5 Treasurer’s Report: Manisha Patel presented the quarterly investments and financial statements. She stated there was $931,000 in one of the Metro savings account and she had transferred $200,000 into a CD and will be staggering the purchase of more CD’s. Manisha stated she will check with City Secretary Blevins regarding the City’s needs prior to moving the funds. OUT OF ORDER: 3. CITIZENS COMMENTS: Zandra Anderson, 8214 Mallie Court, commented it would be extremely helpful if the agenda was worded differently. She stated it is confusing when you have an agenda item start off with “Approving” when you just plan to discuss it. Ms. Anderson thinks it should be made clear if the item is being decided on or just discussed. She stated 1241 Archley is a plot of 28,500 ft where part of the proposed new residence would be cantilevered over a prescriptive drainage easement with rear shafts piers located in the easement (also part of the flood way). She quoted the Claunch & Miller report stating “Encroachments are banned in flood ways unless it can be proved, via hydro-logic analysis that the encroachment will not result in a rise in flood levels”. Even if one can prove there would be no rise in the flood level, it does not mean you can build in the easement: therefore, the statement is in error. City Council does not ever have to agree to let anyone build within an easement no matter if the flood level changes or not. Ms. Anderson is very concerned as her home is downstream from the potential change and she thinks it will set a precedent for future home buyers within the City. Jerry Fowler, 8006 Burkhart, commented he educated himself at the meeting on 1209 Pine Chase and understands that someone’s opinion is that since the easement was filled in some unknown time ago, an ordinance could not be enforced. From what he has understood from the meeting, the subdivision of this property does not have to do with a City ordinance; however, the drainage easement does. Mr. Fowler believes City Council should get more opinions and enforce the City’s ordinances regarding the filling in of an easement. 5. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION): 5.1 David Olson stated for the benefit of Council and the citizens that the City is sensitive to drainage issues; however, the issue brought before Council was subdivision of property. The City has an ordinance which provides rules and regulations to follow. He stated the metes and bounds description for said property still shows the property in Hilshire Manor and will still be subject to restrictions if applicable by Hilshire Manor. David will ask the developer to make note on the plat that the property is subject to Hilshire Manor’s restrictions. Council Member Davis wanted to know if there were deed restrictions for Hilshire Manor. David Olson said he is going to request they put that they are subject to the Hilshire Manor’s deed restrictions on the plat. He stated it is the developer’s burden to know the subdivisions deed restrictions, not the City. David said the City had two options in which they can approve the plat conditionally or they can deny the re-plat and the developer can resubmit. Council Member Bristow and Council Member Wolfe stated they wanted the ravine opened up. Council Member Bristow wanted to know what it was going to take to do so. Mayor Border and David Olson said the City can do whatever it wants to do to the ravine at the City’s expense. Council Member Bristow thought the developer should pay and David Olson said they would have to pay anything attributed to their construction. Mayor Border and Council Member Whiting wanted to see the developers build with low impact development guidelines which would help with drainage issues. They wanted to see the water kept on the property as long as possible. The Mayor and Mayor Pro Tem Castro said they wanted to see the developer correct all the City’s legal and engineering concerns and resubmit. Council Member Bristow thought the ravine should be relocated. Council Member Davis said the pipe comes out in the ravine at the most optimum spot to not destroy the backyards. He believes the pipes should be taken out to mitigate the erosion problem. Council Member Davis thinks the ravine should be cleaned out and brought back to its natural state. He has no objection to subdividing the lots. Council Member Davis stated after subdividing the two lots it will be bigger than many of the other lots in the City. He believes the City needs to be looking at what they need to do to have the least impact on worsening flooding problems and not be looking for reasons not to do it. A motion was made by Council Member Whiting to deny the replat which will consist of sub-dividing lot 13 and 14 in Block Three (3) of Hilshire Manor Subdivision recorded in Volume 40, Page 10, of the Map Records of Harris County, Texas. Property address is known as 1209 Pine Chase Drive in Hilshire Village, seconded by Mayor Pro Tem Castro. A vote was taken to deny the replat which will consist of sub-dividing lot 13 and 14 in Block Three (3) of Hilshire Manor Subdivision recorded in Volume 40, Page 10, of the Map Records of Harris County, Texas. Property address is known as 1209 Pine Chase Drive in Hilshire Village. The vote passed unanimously. Council recessed at 9:06 P.M. Council reconvened at 9:20 P.M. 5.2 A motion was made by Mayor Pro Tem Castro to approve the arch piping for the driveway culvert at 8014 Bromley to be used instead of the recommended 18” reinforced concrete pipe per the City’s guidelines, seconded by Council Member Davis. A vote was taken to approve the motion to allow arch piping be used for the driveway culvert at 8014 Bromley instead of the recommended 18” reinforced concrete pipe per the City’s guidelines. The vote passed unanimously. 5.3 A motion was made by Council Member Whiting to approve the amendment to the Flood Ordinance adding a provision for elevation standards for reconstruction of certain flood-damaged residential structures, seconded by Council Member Bristow. David Olson said all this ordinance did was give the City the opportunity to designate certain areas as being prone to flood and to make certain people that may be prone to flooding seek supplemental coverage as it relates to this type of local flooding. The issue he raised was in Section 3.340 (a) (3) the residential structure has suffered substantial damage as a result of a loss caused by flooding. David Olson felt Council might want to reword it. After discussion it was decided to add “and the property owner has elected to demolish and reconstruct the residential structure or the residential structure is new construction” to section (3). Council discussed section (b) and the height of the elevation and if a resident should be required to rebuild or not. Council said they were not required to rebuild. It should be discretionary. David Olson stated he would add a section (c) stating “the provisions of section 30.07 restoration of the City’s Zoning Ordinance shall not apply to this section.” David Olson stated he needed clarification on section (b) regarding adding additional fill. Also, Council discussed what the elevation should be based on: highest adjacent grade or the centerline elevation. After discussion it was decided to change section (b) to read “Any residential structure meeting the conditions set forth in subsection (a) above shall have the lowest floor elevated to one (1) foot, without raising the foundation of the house, either above the highest adjacent grade or the centerline elevation of the nearest adjacent street. Council Member Wolfe voiced her concerns as to how this ordinance would affect others and would it set precedence because Council was changing an ordinance to help one resident. It was agreed it would not have any effect on other resident’s insurance cost. A vote was taken to approve the amendment to the Flood Ordinance adding a provision for elevation standards for reconstruction of certain flood damaged residential structures including the above changes. The motion passed 4-1. Mayor Pro Tem Castro, Council Member Davis, Whiting and Bristow for the motion and Council Member Wolfe voted against the motion. 5.4 Approving the proposed construction of a home at 1241 Archley partially cantilevered over a prescriptive drainage easement resulting from the Ridgeley Place Subdivision established in 1949. REMOVED 5.5 A motion was made to approve HDR to provide a proposal for an over-size emergency generator to accommodate potential future expansion of City Hall, seconded by Council Member Bristow. Efrain Him stated he wanted to know the direction Council wanted to go regarding the sizing and brand of a generator. Mayor Border stated after having conversations with Spring Valley’s Mayor and with Ted Lazarides he feels a smaller low cost generator would be the best solution. Ted Lazarides told Council the generator he put in his house would suffice for the City. He felt Council could keep the price of the generator under $10,000. Mayor Border asked if the City chose to purchase a lesser generator would that affect the grants. Efrain Him said it would not. A vote was taken to approve HDR to provide a proposal for an over-size emergency generator to accommodate potential future expansion of City Hall. The vote failed. All the Council Members voted against the motion. 5.6 Efrain stated he needed to know what manufacturers Council wanted to include in the construction documentation. His question was does the City want to exclude Genrac as a choice of manufacturers and go with just the top of the line manufacturers? Ted Lazarides stated he purchased a Genrac for his house. A motion was made to approve the generator brands and not to exclude Genrac in the construction documents for the emergency generator. A vote was taken to not exclude Genrac in the construction documents for the emergency generator. The vote passed unanimously. The City Engineer was excused at this time 5.7 David Olson stated he eliminated 3.1106 in the ordinance. He took the changes the City had made in the 2003 codes and amended them to the 2009 codes. He made the ordinance consistent with the City’s procedures. Mayor Border questioned if mobile homes were allowed. David and Ted said that was a zoning issue. Council Member Wolfe asked if the construction hours could be changed. Council stated they would like to eliminate work on Sunday and holidays for either inside or outside work. David Olson said these hours pertain to jobs that are permitted. Council Member Whiting made a motion to approve an amendment to Ordinance # 639 including the above changes regarding the International Residential Code 2009 Edition, seconded by Council Member Bristow. A vote was taken to approve the motion amending Ordinance # 639 adopting the International Residential Code 2009 Edition with the same changes that were made to the 2003 Codes and the additional change to construction hours. The vote passed unanimously. 5.8 Mayor Pro Tem Castro motioned to approve an ordinance changing the building fees and rates, seconded by Council Member Bristow. Mayor Border questioned the additional inspections on a new construction. City Secretary Blevins said the two additional inspections were because driveway inspections were added to the permit eliminating the need for a separate permit. Mayor Border questioned the cost of a permit for a fence. Ted Lazarides said it had to have two inspections because the depth of the post holes and the placement of the fence have to be inspected and then the second inspection was to check for the height of the fence. Ted said a permit does not have to be pulled if they are just replacing the pickets. Council decided to waive the cost of the permit for fence and deck. City Secretary Blevins stated the new fees also reflect red tag fees. City Secretary Blevins said she lowered the permit rates on small construction jobs, kept the existing fees for middle size construction the same and changed the fees on larger construction to be in line with the ICC rates. A vote was taken to approve an ordinance changing the building fees and rates including changes to the fence permit. The vote passed unanimously. The Building Official was excused at this time 5.9 Council Member Whiting made a motion to authorize the Mayor to sign a contract with DeltAlert System for resident notification of emergencies, special situations between the City of Hilshire, Village Fire Department and the other Memorial Cities, seconded by Mayor Pro Tem Castro. David Olson said he did not have a problem with the Mayor signing the contract. A vote was taken to authorize the Mayor to sign a contract with DeltAlert System for resident notification of emergencies, special situations between the City of Hilshire, Village Fire Department and the other Memorial Cities. The vote passed unanimously. 5.10 CLOSED EXECUTIVE SESSION: NONE 6. REPORTS TO COUNCIL: Hickory Shadows County Park: Mayor Border stated the Park was completed and Harris County was paying for water usage. Lawsuit: Mayor Border said the judge did not immediately grant immunity to the case. He gave the plaintiffs time to re-file. After the appropriate time had passed TML’s attorney asked for the case to be dismissed. The plaintiff’s came back to the judge and asked for another week. The judge granted them two weeks and the plaintiff’s came back and presented a 27 page argument. The Mayor said he would keep Council advised to the situation. Bridle Spur: Council Member Whiting stated three (3) property owners have still not submitted their paperwork and the time frame they are looking at is June. Ridgeley Improvement Committee: Council Member Whiting stated the trees have been planted along Ridgeley Drive and are being warranted because the City is paying Trees of Houston to water them for two (2) years. Trees of Houston also planted the trees in Culvert “A” for free. Water Issues: Council Member Davis said he went with the Fire Department and gave them a sequence to flush the hydrants. He stated the City did not receive any complaints during this time period. Council Member Davis still believes if the City had a working model of the water system, it would help with the flushing. He believes flushing the hydrant reverses the flow of water and flushes the red water out of the system. Council Member Davis said he could get a filter to block out the red water for $300 for his house. 7. CONSENT AGENDA: 7.1 A motion was made by Council Member Whiting to accept the consent agenda excluding 7.2, 7.3 and 7.4, seconded by Council Member Davis. Council Member Bristow stated he thought 7.2, 7.3 and 7.4 should not be part of the consent agenda and that was why he had them pulled. A vote was taken to approve the motion to accept the consent agenda excluding 7.2, 7.3 and 7.4. The motion was passed unanimously. 7.2 Mayor Pro Tem Castro made a motion to approve the minutes of the Council Meeting of March 17, 2010, seconded by Council Member Whiting. A vote was taken to approve the motion to approve the minutes of the Council Meeting of March 17, 2010. The motion passed unanimously. 7.3 Council Member Whiting made a motion to approve an ordinance amending Appendix A Fee Schedule for bimonthly Commercial Sewer Rates, seconded by Council Member Wolfe. A vote was taken to approve the motion to approve an ordinance amending Appendix A Fee Schedule for bimonthly Commercial Sewer Rates. The motion passed unanimously. 7.4 Council Member Davis made a motion to approve an ordinance cancelling the Municipal Officer’s Election, seconded by Council Member Bristow. A vote was taken to pass the motion to approve an ordinance cancelling the Municipal Officer’s Election. The motion passed unanimously. 8. ADDITIONAL CITIZENS COMMENTS: Russell Post, 8014 Bromley, thanked Council for their time and efforts on the amendment of the flood ordinance. Alan Wolfe, 1314 Pine Chase Drive, stated what can be engineered does not always work. Engineered drainage requires maintenance. He agrees with the Mayor and Council on green building. He believes the large houses on small lots are not a good idea. Mr. Wolfe said generators need maintenance. 9. ANNOUNCEMENTS: Council Member Whiting stated it was Council Member Wolf’s last meeting and she wanted to thank her for her services. Council Member Davis reminded Council that the HCMA meeting would be at Monument Inn next month. 10. ADJOURNMENT: Council Member Whiting moved to adjourn, seconded by Council. The meeting was adjourned at 11:02 PM. ____________________ Mayor Robin Border ATTEST: __________________________ Susan Blevins, City Secretary |