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HomeMy WebLinkAbout071315 CC MinThe City of West University Place A Neighborhood City CITY COUNCIL Susan Sample, Mayor Bob Kelly, Mayor Pro Tern Burt Ballanfant. Councilmember Brennan Reilly, Councilmember Mardi Turner, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in a special meeting /workshop and regular meeting on Monday, July 13, 2015, in the Municipal Building, 3800 University, West University Place, Texas beginning at 6:00 p.m. SPECIAL MEETING/WORKSHOP (held in the Conference Room at 6:00 p.m.) Agenda Items were as follows: Call to Order. Mayor Sample called the special meeting to order at 6:04 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tern Kelly, Councilmembers Ballanfant, Reilly and Turner, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager Peifer and Police Chief Walker. 1 Matters related to changing the start time of the July 13, 2015 regular council meeting from 6:30 p.m. to 7:00 p.m. Councilmember Turner moved to approve changing the start the of the July 13, 2015 regular meeting to 7:00 p.m. Councilmember Reilly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 2. Closed Executive Session Notice is hereby given that the City Council will convene into executive session in accordance with the following provisions of Chapter 551 of the Texas Government Code: Section 551.071 — Consultation with Attorney to receive legal advice concerning the city manager's employment agreement. At 6:05 p.m., Mayor Sample recessed the workshop to convene into the first executive session. At 6:35 p.m., the first executive session ended per City Attorney Petrov and the second executive session began. City Council Minutes, July 13, 2015 3. Close Executive Sessions and Reconvene Special Meetingmorkshop Matters related to the desired action resulting from discussions held in closed executive sessions, including, but not limited to, approval of any applicable separation agreement with the City Manager. At 7:15 p.m., Mayor Sample closed the second executive session and reconvened the special meeting /workshop. Mayor Pro Tern Kelly moved to suspend the rules and to take public comments before getting to any action items from the close session relating to this item. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Turner Noes: Reilly Absent: None Dennis Powers, 2704 Robinhood, spoke to say he is here to speak on behalf of Michael Ross. He said he doesn't know what Michael has done that warrants getting rid of him, but he does know that Esquires Ballanfant and Kelly were on Council when he received raises. Mr. Powers said he began serving on the BSC about 10 or 12 years ago and said the foundation issues and LED signage improvements could not have been resolved with Michael and staff. He said Michael has helped him with several problems over the years and has always been truthful and direct with him, even when he didn't like the answers. Eddie Matthews, 5906 Fordham, spoke to say that he is not a personal friend of Mr. Ross and so his knowledge of his past performance has been solely upon attending Council meetings and the recent Council orientation meeting. He said using those meetings to judge, Mr. Ross seems have a very good knowledge of the City and its operations. He said based on previous Council meetings, agendas, Minutes, newspaper reports, etc., it seems that certain councilmembers are determined to get rid of Mr. Ross. He said he can't readily believe that after just three days Council had justification for seeking his removal based upon performance, especially since he has been the City Manager for 14 years and, therefore, presumably served at least seven Councils, some of which were headed by Councilmembers Kelly and Ballanfant. Mr. Matthews said if there is some other reason, performance or otherwise, to warrant his replacement, then the public should be told what those issues are. He said this action was taken so soon after Council taking office, it really appears that this was a predetermined decision predating Council's taking of office. He said most of Council sought election with a platform of full transparency and openness and he wants Council to live up to that and abide by the campaign pledge and tell residents the reason for wanting to replace Mr. Ross; further, given the campaign platform, all discussions should be in open meetings and not closed executive sessions, something in which the former council was criticized for. Mr. Matthews said if Council is successful in its current goal, it would have negative effect on the City by (1) the cost of buying out Mr. Ross' contract; (2) cost of an attorney and search firm in seeking a replacement; and (3) the risk of getting a less than stellar replacement because good quality people may be scared off by the City's action. He asked that Council cease its current plan to immediately remove Mr. Ross and let him continue to provide his worth. Alicia Drewes, 6112 Fordham, spoke to say she is in support of firing Michael Ross because she feels that she is a target of, and lied to by, Michael Ross. She said he has threatened her and she said anytime anyone tries to say anything to him, he feels threatened himself. She said she just 2of19 City Council Minutes, July 13, 2015 wants Mr. Ross to tell her the truth, not lie to her or double -cross her. She said when she talks to citizens in the streets they are so against him and have such a strong opinion about him that it is unbelievable to her. Ms. Drewes said the people she's talked to are so disgusted that she asked them to come and say how they feel to the Council, but they refused because they didn't want to come and face Michael Ross because he is a liar and they can't stand to look at him. She said as a resident she will never get the services as a taxpayer that she deserves and the city manager should not withhold services as punishment for whatever he doesn't like to hear. Ms. Drewes said the citizens deserve a city manager who respects the taxpayers and he doesn't. Spyros Maragos, 5932 Auden, said over the last four years he disapproved of many of the City Manager's actions, however, he was always assuming, and he still does, that the actions of the city manager were on behalf of the then mayor and council. He said on the other hand, his experience is that the city manager makes the proverbial trains run on time, which contributes to the quality of life he enjoys here. He said this is not the best time for the city manager to leave because he has been told that the assistant city manager will be leaving soon and several of the directors are close to retirement age. He said this could threaten the transfer of the institutional memory accumulated within the walls of the West U City Hall as to how to run a first rate operation. Mr. Maragos said the monetary cost of Mr. Ross' departure will be in the range around $300,000 to $400,000 and there will also be a financial cost associated with the recruit of a new city manager. He said, last but not least, the treatment of the city manager will affect the morale of city employees and if the city manager leaves and recruits the best of his employees, there is nothing the City can do about it. He said it is his hope that this mayor and council will have a successful term in office, the employees continue to be treated fairly and that the residents and taxpayers of West U will continue to enjoy the high level of city services, but said he is afraid that none of the goals will be achieved by terminating the city manager. Dick Yehle, 6401 Rutgers, spoke to say he strongly objects to Council's decision to spend more than $300,000 to replace Michael Ross for reasons that have not been forthcoming. He said he understands that it is a management decision within Council's purview but in light of the high cost, it is one that should be taken in the public arena not behind closed doors, especially in light of Council's pre - election protestations about needing more "transparency" and more open debate in local government. He said, therefore with the expectation of hearing an honest debate very soon, he wishes to make the case for retaining Michael by pointing to the excellent levels of services provided by the City Staff, most of whom Mr. Ross has hired and all of whom he manages every day. He said ach department can be shown to have excelled this year, with some of their most recent accomplishments occurring in the short period of time since this Council took office. He highlighted some of the accomplishments: • There were two major rain events with virtually no property loss largely due the preparatory efforts of the Public Works Department; • The Fire Department expertly managed the second major house fire of the year on Vanderbilt; • The City celebrated the 4 I of July with the Parks Department orchestrating a great day for a record number of participants; • The Finance Department was awarded a clean Comprehensive Annual Financial Report and other awards for excellence; The Communications Department rolled out a new website with an innovative interactive feature; and The Police Department received an award for excellence from the Texas Police Chiefs Association. 3of19 City Council Minutes, July 13, 2015 Mr. Yehle said those are just highlights of the most recent accomplishments initiated by Michael. He asked Council to please tell the public what it is expecting from Michael that is not being done that is important enough to merit his dismissal. He said the only thing he has heard from Council supportive of the change is that it wants to go in a "different direction ", whatever that means. He said he thinks it is time for Council to defend its proposed action by explaining how it will result in improvements for the public. He said in the absence of any rational explanation, one can only speculate about Council's motives, and he assures Council that such speculation is not pretty. Mr. Yehle said rumor is that Council has personal motives for wanting a different city manager, motives that have nothing to do with his performance but everything to do with seeking retribution for perceived slights in the past. He said he will be bold enough to suggest that the public only cares about how well Michael does at providing services and if asked would say good management practice mandates that Council set aside personal issues, "bury the hatchet" and find a way to move in a more positive direction. Joan Johnson, 6615 West Point, spoke to say she lived in the City for 30 years and has never seen anything like what the City is going through right now. She thanked Council for its time and said her issues do not reflect on Mayor Sample in any way. She said she believes that Michael has been a good city manager and he is why the City has excellent services. She said Council needs to research a way to work out its differences with Michael and move on. She said for some reason for six weeks Council has not said what its issues are with Michael, which is far too long. Ms. Johnson said she is very concerned about Council's decision - making process. She said this issue has become a fiasco and a decision needs to be made and implemented as soon as possible and said how Council handles honoring Michael's contract is very important as it shows the public Council's integrity and how it will handle future commitments of the City. She told Councilmembers Ballanfant and Kelly that if they don't think this reflects on their reputation, they are very wrong. Ms. Johnson suggested to Mayor Pro Tern Kelly and Councilmembers Ballanfant and Turner to make a decision about Councilmember Reilly's actions, because he reflects on them. She said they all said that Councilmember Reilly did not inform them when he contacted Michael last week and she hopes that is the case, because if he did they have broken the law. She said they need to pull Councilmember Reilly in and instruct him that he is one member of the City Council and not the leader and that he needs to be part of the team and discuss his plan before calling or addressing Council issues with staff and employees. Carlos de la Torre, 6700 Belmont, spoke to say he has lived in West U for over 20 years and as a resident he is on the receiving end of services and gets to evaluate how well they are performed every day. He said the streets are in good repair, clean and well -lit, the garbage is picked up regularly, excellent police protection, emergency response is second to none, parks and recreation facilities are first -rate and the City is friendly to its senior citizens. He said from his perspective, these are signs of a city that is well run and the reason why West U ranks high among the best managed cities in the nation, which is why he is surprised that the new members of City Council intend to remove Mike Ross from a position he has held for 14 years. Mr. de la Torre asked Council what have they have learned about Mike Ross' performance within a month that make them take such drastic action. He said terminating Mr. Ross' contract and replacing him is a very expensive proposition and disruptive to the running of City affairs. He said when members of Council were running for office, they rightly demanded transparency from previous City Council and set high standards, so he expects this Council to live up to those standards and share with the community the reasons for its decision to remove Mike Ross. Steven Segal, 2901 Sunset, spoke to say that the city manager heads a group of professionals who spend their working days serving residents. He said councilmembers are elected for a two- 4of19 City Council Minutes, July 13, 2015 year term and adapt policy, while the city manager and staff implement that policy. He said councilmembers should not be involved in the day -to -day operations. He said this Council, except Mayor Sample, appears to be so upset with policies of the prior Council that they want to punish Michael Ross for doing his job, which was to implement the policies of that Council. Mr. Segal said rather than establish new policies and work with Michael Ross, this Council seeks to unravel a government and ruin the City. He said the highly- regarded Communications Manager has just left her post and if this Council continues its outrageous conduct, the City is likely to lose other key members of staff, which he believes is very unfortunate knowing that this Council is only temporary and many members of staff are devoted, long -time employees. He said Michael Ross has requested that the reasons for firing him be discussed in an open meeting before the residents who elected Council. He said the residents are the ultimate bosses of this Council, so to refuse to state the reasons for this drastic and unusual action is indefensible, especially in light of the fact that the issue was decided by intentionally circumventing or violating the Texas Open Meetings Act. Mr. Segal said he believes that the actions by some of the Council in this matter demonstrate a complete lack of integrity. He said Michael Ross has an excellent record as City Manager of the last 14 years and residents are very pleased with the City's award- winning departments and the quality of services received. He said there is no justification to fire him as the City Manager; nevertheless, if Council proceeds to fire him, it should do so under the terms of his existing contract. He said don't lie and fabricate reasons to try and cheat Michael out of the benefits provided in his contract. Mr. Segal said he and three of the members of Council approved the basic terms in the contract in prior years and, collectively, the four of them participated in 18 reviews of Michael and his contract without any issues. He said a contract with West U should mean something and Council should honor it. He said it's time for honor and integrity, which is what this Council has preached but have yet to demonstrate. With no other members of the public wishing to speak on the subject of the City Manager at this time, members of Council spoke. Mayor Pro Tern Kelly thanked the public and said each of them made good points, but said the issue is the Charter. He said the Charter gives unfettered right to a City Council that the City Manager serves at its pleasure. He said this is not by happenstance and there is no appeal to the decision of the City Council on its decision of the City Manager, because Council makes the policy. Mayor Pro Tern Kelly said in a public forum he was asked if the city manager was going to be an issue and he specifically responded yes he would be an issue because he has heard more negative comments out there on the streets about the City Manager than he has ever heard about one before. He said the average life expectancy of West U city managers is 5 or 6 years, with the exception of Whitt Johnson and Michael Ross. Mayor Pro Tern Kelly said once Council makes a policy it has to be confident that the city manager is going to carry it out not only in what Council says, but in the spirit of what Council wants to do. He said he is not saying this city manager won't do that, but it's a confidence thing that this City Council has to deal with. Mayor Pro Tem Kelly said he is going to make a motion, but if it doesn't pass it doesn't mean that Mike Ross is going to stay. He said what it means is that he thinks that Council should honor the contract and pay him under the contract what he is due. Mayor Pro Tern Kelly said that Mike Ross is a finalist in for the city manager position in Missouri City and Council speculates that they are waiting to see what the City does. He said Mike has probably been looking for job since way before the election and said he will probably leave. He said can you imagine being a city manager and you don't think you don't have the confidence of a City 5of19 City Council Minutes, July 13, 2015 Council. He said even if Council is wrong in its opinion, he will have to live with that. He said City Manager's count votes just like everybody else, so when they don't have the votes, they are out looking for another job. He said Mike Ross told people before the election that if this group got elected he was going to get fired. He said he knew that so he was out looking for another job. Mayor Pro Tern Kelly said this Council has been criticized for discussing this issue in Executive Session trying to hide things, but Michael Ross is the one that wanted to keep it confidential. He said Mr. Ross has the right at any time to change that decision and have it in a public forum and that is what he has done this week. Mayor Pro Tern Kelly said some people might have read the letter written by Mr. Ross that was published in Instant News and if so, could you honestly say that you are going to have a City Council that is going to have confidence in you when you are threatening to sue and alleging criminal charges against? Mayor Pro Tern Kelly said he has worked with Michael Ross on a lot of projects and he is not saying that he is a bad city manager. He said what he thinks has happened is that the culture has changed. He said there isn't one thing that points to the lack of confidence. He said the Charter doesn't say Council has to specify every reason to remove the city manager at their pleasure. Mayor Pro Tem Kelly said this issue was handled in the way it has to be dealt with when pertaining to personnel matters and legal opinions, because one of the obligations the Council has to its citizens is to protect the assets of the City. Mayor Pro Tern Kelly said if Michael Ross left tonight, he gets a third of the $300,000 figure for unpaid leave and medical regardless, so the matter being discussed is the $225,000, which is severance pay. He said a severance package is not a tool to keep somebody, but a tool to be used when a City Council loses confidence in the city manager for whatever reason so that it eases the transition for the employee going on to his next job. Mayor Pro Tern Kelly moved that in accordance with the City of West University Place Charter, under the provision that the City Manager serves at the pleasure of the City Council, that the City Council terminate the employment of the City Manager, effective 5:00 p.m. this Friday afternoon and that it be an involuntary termination without cause and that he be paid in accordance with the terms of the contract. MOTION DIED DUE TO LACK OF A SECOND. Councilmember Reilly said he is sympathetic with most of what Mayor Pro Tern Kelly said, but wanted to start by addressing something Joan Johnson said. He said she indicated that he was out of line and needed to be reigned in and discuss things with the other councilmembers before talking to Michael Ross. He said him discussing things with other councilmembers before talking to Michael Ross would be a clear violation of the Open Meetings Act as he is not permitted to do that outside of a City Council meeting, so that would be completely inappropriate. Councilmember Reilly said he spoke with Michael Ross on Friday because Michael Ross emailed and texted him multiple times asking if he would speak with him in an effort to get his negotiations with the City back on track. He said "we" initially spoke with Michael Ross in early June to discuss whether or not he would be willing to accept an amicable separation from the City. He said Michael Ross indicated that he would and also indicated that he was willing to terminate employment and retire in exchange for his severance payment. He said at the time it was discussed that there would be a new separation agreement that would replace his current employment agreement and as part of that agreement Council would expect that he not solicit key City staff if he was to take another job. He said he thinks it is extremely reasonable of Council to ask him of that and, in fact, Mike 6of19 City Council Minutes, July 13, 2015 Ross informally agreed to do that. He said Mr. Ross also agreed to, and requested, that they meet in private to discuss these items, so at the last few Council meetings when they've met in private, it was at the sentiment and request of Michael Ross. Councilmember Reilly said there is another position Michael Ross has applied for and said he wanted to ask Mr. Ross a few questions, but first wanted to ask City Council to request that Michael answer these questions truthfully by vote. He said one of the conditions of Mr. Ross' employment agreement is that he follows directions of the Council, so he asked that someone on Council make the motion that Michael answers the questions truthfully. Mayor Pro Tem Sample said she doesn't think that is appropriate. Councilmember Reilly requested a second. At the request of Mayor Sample for a legal opinion, City Attorney Petrov said it is appropriate to ask Michael questions, but he doesn't have an obligation to respond. Councilmember Reilly said under his employment agreement he has an obligation to comply with directives of the Council. City Manager Ross stated that at the advice of his attorney he would not be answering any questions. Councilmember Reilly said he wanted to ask Michael questions about his seeking employment with another City. He said in connection with "our" offer to him, Michael pursued receiving a full severance payment from the City even though had he voluntarily terminated employment to take another city manager position, he would not have received any severance payment whatsoever. He said Michael Ross applied for another city manager's job and he did not discuss that with the City, instead he actively pursued receiving both a severance package and immediate retention as a city manager at another city. He said that's what he wants to ask Michael about and said that is something that would be appropriate and helpful for this Council in order to make decisions regarding his continued employment. Councilmember Reilly said he doesn't see how Council can continue to evaluate or have discussions with Michael in open session with Michael if he refuses to answer questions about his performance and his employment. Councilmember Reilly said in regards to a lack of a second on Mayor Pro Tern Kelly's motion, he thinks Council needs to wait to determine if Michael has accepted another position before agreeing to pay him full severance. He said if Michael has agreed to accept the position with Missouri City, he does not think the City should pay him full severance. Mayor Sample said she doesn't know Michael's timeline at all and doesn't know whether he applied before or after Councilmember Reilly invited him to resign. She said she doesn't think any of Council knows that, but it doesn't matter to her because his severance doesn't state that he can't take another job, so if Council terminates him, he would get his severance and pension and he's able to seek other employment. Mayor Sample said Michael has put together a blue ribbon team of department heads and employees, which is why the City provides such great services, wins awards and is so responsive. She said the City can't handcuff the employees. She said they might not go with Michael, but they 7of19 City Council Minutes, July 13, 2015 will go somewhere and it is people she doesn't want to lose. Councilmember Reilly agreed and said it is because of all the employees why the City is a great place to live and work. Mayor Sample said she is against the expense of $400,000 and losing a lot of the team. Mayor Pro Tern Kelly said if that is Mayor Sample's logic, then look at the City's city manager for life. Councilmember Reilly stated Michael Ross is in the City for life, because he has a lifetime employment agreement. Mayor Pro Tem Kelly said that agreement does not have a tail on it, so if it is expense Mayor Sample is arguing about then the City will have to live with Mike. He said the expense is there and will have to be dealt with. He said what he is hearing from fellow councilmembers is that they are going to go back to the negotiating table and negotiate some more. He said his motion is to cut that off. He said he thinks it is tough on the City and there is no doubt Michael Ross is going to leave. He said it is just a matter of if he leaves on the basis of getting his contract as it says or if Council negotiates with him on something less than that. He said his leaving is going to happen and Michael wants it to happen. He said logic tells you that a city manager can't work for a council that doesn't have confidence in him. Mayor Pro Tern Kelly asked if anyone wanted to second his motion. Councilmember Reilly recommended waiting until the next Council Meeting and then he made a motion for the City's special employment counsel to explore opportunities for compromise with Michael Ross' counsel in the interim. Councilmember Ballanfant seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None Councilmember Ballanfant spoke to say that elections have consequences. He said when he was out campaigning he knocked on approximately 2,000 doors and at the end of each request for somebody's vote he asked the question "what is the one thing you would do that I haven't talked about in regards to the City ?" He said the most common answer to that question was "fire the city manager" and so he would be derelict in his duty as a person who sought people's vote not to accomplish that action, so he will support the termination of Michael Ross in order to fulfill his commitment to the people who elected him. Councilmember Turner said her perspective is a little different. She said she spent a lot of time in industry and what was generally done with issues such as this is to work through a series of measurable objectives of what needs to be done the following 6 months or a year and then follow - up to see if it worked or not work and to see if there is something that needs to be added or removed, etc. She said she didn't hear the extent of the news that other councilmembers did when she was campaigning. She said she doesn't have a solution for the problem and would have gone at it a different way, but this is where Council is right now. 4. Adjourn With no other comments, Mardi Turner moved to close the special meeting at 8:02 p.m. Mayor Pro Tern Kelly seconded the motion. MOTION PASSED. 8of19 City Council Minutes, July 13, 2015 Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None REGULAR MEETING (beginning at 7:00 p.m. in the Council Chambers) Agenda items were as follows: Call to Order. Mayor Sample called the meeting to order at 8:03 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tem Kelly, Councilmembers Ballanfant, Reilly and Turner, City Manager Ross, Assistant City Manager Peifer, City Secretary Lenz, City Attorney Petrov, and Police Chief Walker were also present. Secretary Lenz confirmed that the Notice of the special meeting /workshop and regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. Matthew Aguilar Schnitzer with Troop 55 led the Pledge of Allegiance. 5. Public Comments This was an opportunity for citizens to speak to Council relating to agenda and non- agenda items. Steve Brown — Requested deferment until discussion of the agenda item on Green Waste Alicia Drews, 6112 Fordham, spoke regarding green waste and said she is concerned about the additional tax on the seniors who are on low /fixed incomes. She said she doesn't have a problem with other people wanting to do green recycling, but doesn't think the City should tax the seniors. Ms. Draws said "they" were saying a lot of people don't realize that citizens are not recycling and she is one of those people. She said she doesn't know if all the communication on the matter is clear, but she would hate to see seniors pay fees /fines if they are putting the wrong item in the wrong container and she certainly doesn't want to see any additional tax, not even a dime. Dick Yehle — Requested deferment until discussion of the agenda item on Green Waste. Donna Zhukovsky, 3902 Case, spoke to say that she is in support of Dr. Jordan's Veterinary Clinic and the opportunity for him to care for the pets of the community humanely as he has in the past. She said she has known him for 15 years and says he runs a model business and has given back to the community in many different ways. Eileen Glaser, 4211 Albans, spoke in support of Dr. Jan Jordan and his hospital at 5406 Kirby and read off a list of names who are also in support of Dr. Jordan: Dr. J. R. Schachner MD, 4249 Law; Kat Denton, 4224 Law; Jim Denton, 4224 Law; Carolyn Hokanson, 3405 Georgetown; Dave Hokanson, 3405 Georgetown; Patricia Smith, 4236 Albans; Greg Smith, 4236 Albans; Hayden Smith, 4236 Albans; MacKenzie Smith, 4236 Albans; Madison Smith, 4236 Albans; Dr. Bruce Weisman, 4132 Albans; Tana Migit, 4224 Albans; Jeff Migit, JD, 4224 Albans; Dr. Dorothy Matthews, 3938 Coleridge; Dr. Frank Matthews, 3938 Coleridge; Dr. Kate Beckingham, 4132 Ablans; Joel A. Nass, JD, 4223 Albans; Steven Selsberg JD, 4203 Alans; Tricia Selsberg, 4203 Albans; Amy Smith, 4003 Riley; Laura Speed, 2909 Plumb; Gary Murphy, 2909 Plumb; Jeffery Hokanson, 6102 Kirby; and Candyce Beneke, 2704 Tangley. 9of19 City Council Minutes, July 13, 2015 Chundu Chilakapati, 2616 Albans, spoke to say he lives directly across the street from where the veterinary clinic is being built. He said he and his family love animals and all for the care of animals, as long as those things occur inside and he nor any of his neighbors are impacted. Molly Chilakapati, 2616 Albans, spoke to say that she lives immediately across the street from the proposed veterinary facility. She said what she likes to make known is that she and her husband are supportive of a productive and successful business as a neighbor, but what she would like Council to keep in mind is that what's on the table right now is not the specifics of this particular property, but rather an amendment to the City ordinances. Ms. Chilakapati said her concern specific to this property could be the concerns of any resident at some point in time. She said as a tax paying resident she has an expectation that the ordinances protect her right to quiet enjoyment of her home. She said when the proposed amendment limited all animal activities to within the confine of the veterinary property she and her neighbors were somewhat satisfied as they would be impact -free from a successful business. She said once those animals are allowed outside, which is a deviation from multiple communications she has had with the vet's attorney and the likes, that becomes very much in question and in conflict and detrimental to their right to quiet and enjoyment of their home. She said if there is an animal relief area across the street, she does not understand how she might be able to enjoy her front yard as part of her property. Eileen Wilson, 2707 Robinhood, spoke to say that she doesn't know Dr. Jordan from Adam nor does she know any of the neighbors on Albans. She said she is present tonight because she heard about what had happened in conjunction with Dr. Jordan and she was very appalled at how the City has handled this matter. She said not only could a small child figure out that this is unfair, but it's also an abuse of power not to allow this to go forward. She said a man has invested his livelihood, presumably, and other assets towards supporting this clinic and now the rules have changed midstream. Ms. Wilson said Dr. Jordan has an incentive to work with the community because the residents are his clients. She said the City has allowed him to go forward based on certain expectations and now the rules have changed. She requested that Council do both the legally and morally correct thing tonight and allow Dr. Jordan to go forward with his business in a responsible fashion that he has exhibited to date. Randall Richardson, 2619 Albans, spoke regarding the vet facility and said he felt expectations were not fully addressed at the last Council meeting. He said concerns about the number of animals and animals being outside and the City's longstanding City provision against kenneling and boarding businesses were what were in existence when the project started. He said he and his neighbors addressed their issues with the Building and Standards Commission (BSC), Mr. Petrov and others and said they were very helpful and considerate. Mr. Richardson said on the front page of Dr. Jordan's permit, it states very clearly that all animal activities limited to enclosure and air condition space, which gave him and his neighbors a lot of peace. He said Dr. Jordan's counsel wrote a letter stating that Dr. Jordan would fully comply with the building permit issued by the City, specifically including the limitations on use. In addition, he said Dr. Jordan's counsel had a previous statement that stated that no animals will be housed overnight and that the only animals that would be housed overnight are those that the facility staff determine appropriate to be retained at the facility due to their medical condition and will be housed inside. He said he is supportive of Dr. Jordan's business and hopes that he succeeds in accordance with his permit and in accordance with the compromise he thought had already been worked out with the proposed BSC language, which they now believe is the fair thing and only appropriate thing to pass. John Helms, 2418 Robinhood, spoke to say that he is the next door neighbor of Dr. Jordan and he is present tonight to strongly support Council letting Dr. Jordan conduct his business. He said Dr. 10 of 19 City Council Minutes, July 13, 2015 Jordan has been a wonderful neighbor for 15 years and he is sad to see him leave his current location, because he has never had a problem with Dr. Jordan, his staff or any of his clientele. He said Dr. Jordan runs a very upscale business and will fit in fine with the community and he urged Council to let Dr. Jordan continue. David Marks — Requested deferment until discussion of the veterinary clinic agenda item. Betsy Kamin, 2707 Robinhood, spoke in support of Dr. Jordan and his proposed facility. She said Dr. Jordan got the requisite approvals, began construction in reliance on the approval and to change the rules now or restrict the use of his property and not allow him to walk pets on his own property is not fair nor is it just. She said she is not personal friends with Dr. Jordan, but he has taken care of her family's four - legged friends for a long time. She said he is a good citizen, the consummate professional and he should not be treated in this way. She said it makes no financial sense for this City to operate in such a capricious way and change the rules on a guy who is only seeking to be a good citizen and add to the City's tax base. Kathleen English, 2709 Albans, spoke about the vet facility and said she is opposed to any changes in the current rules. She said as she understands it, the ordinance indicates that Dr. Jordan cannot kennel or have animals outdoors for a commercial animal operation and she would like to see that rule stay in place and have him operate his facility in a way that does keep the animals indoors so that they don't create a nuisance with noise or odors outside. . Steve Stelzer, 2709 Albans, spoke about the vet facility and said he thinks he can safely say that animals kenneled outside would probably bother almost everyone in West U if it was happening in their backyard. He said while he is not quite in favor of pulling the permit and demolishing the building, he is really hoping that the current ordinance, which constrains the animals to being inside. Reid Z., 6332 Buffalo — Requested deferment until discussion of the veterinary clinic agenda item. Brian Shar, 2620 Albans, spoke about the vet facility and he is not going after the character or integrity of the doctor. He said he just wants what the ordinances in West U state, which is no kenneling in West U. He said he just wants it to be clear that he and others are fighting for something that is fair to the residents and the business. Billy Coe Dyer, 6434 Rutgers, spoke regarding the city manager and said he was one of the doors that Councilmember Ballanfant knocked on during his campaign and he very enthusiastically supported him because of the land swap and the issue relating to the Recycling Center. He said at the end of the conversation, Councilmember Ballanfant did not ask him if there was anything about the City that he would change if he could. He said had he been asked that question, he may have had an answer but it would not have been to fire the city manager. Mr. Dyer said in the 19 years he has lived here, he has called upon Mr. Ross for a couple of occasions and that he has always been responsive, professional, wise and helpful and he doesn't want to see him fired, especially at a cost of $300,000 of tax payers money. Mr. Dyer said Mayor Pro Tern Kelly say that it really isn't about the money because Mr. Ross is going to leave and he wants to leave. He suggested that if Mr. Ross' true wish is to leave, then let him leave, but Council should not fire him because he has done a good job and has been very helpful for many years. 6. Special Lecial Counsel 11 of 19 City Council Minutes, July 13, 2015 Matters related to retaining special legal counsel to analyze and advise Council regarding the City Manager's employment agreement, to consult with Council regarding the same, and to assist Council in implementing changes to the same. Councilmember Reilly stated that the City retained Richard Rothfelder and his firm to assist in documenting an amicable separation agreement with Michael Ross. He said retention of the firm was for a fixed fee of $5,000 and the service provided for that fee have already far exceeded what he expected to occur because of Michael's rejection of the separation agreement provided to him in accordance with original discussions. He said he would like to discuss with Council consideration to amend the retention agreement with the firm to convert payment to an hourly fee arrangement going forward for services provided in connection with discussions regarding Michael Ross' employment. Mayor Pro Tern Kelly said it is obvious his motion would have ended this matter, but since his motion did not get a second and it appears Council is going down the road of continued negotiations with Michael Ross, then he doesn't think there is any other alternative but to extend the services of outside counsel. Councilmember Reilly moved to modify the existing agreement with Richard Rothfelder's firm to convert payment to an hourly arrangement effective as of the date of his final bill for services under the current agreement. Mayor Pro Tem Kelly seconded the motion. Mayor Pro Tern Sample said she has to vote on this because Council does need counsel, but it does not mean that she approves the underlying action. She said she thinks there needs to be a cap on the amount and language to review Council's action after it's reached the cap. Councilmember Turner said she agrees with the cap and Councilmember Ballanfant said he can live with a cap. Councilmember Turner moved to amend the motion made by Councilmember Reilly to impose a cap of $4,950.00. Councilmember Ballanfant seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Turner Noes: Reilly Absent: None A vote was then made to the original motion by Councilmember Reilly and seconded by Mayor Pro Tern Kelly. MOTION PASSED (as amended). Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 7. Amending Chapter 14 of the Code Related to Veterinary Facilities Matters related to the first reading of an ordinance amending the City Code of Ordinances, Chapter 14 (Animals), Article III (Dogs and Cats), defining Veterinary Facilities to board animals while being treated. Councilmember Turner spoke to say that there seems to be a misunderstanding as to the two changes that were suggested by her in the last Council meeting. She said the first was a 12 of 19 City Council Minutes, July 13, 2015 parenthetical phrase that said "more than four" which at that point didn't mean anything so she asked that that wording be stricken. She said she has since learned she was erroneous in her second suggested change and suggested retaining the passage that all of the animals be inside of the facility. Chief Building Official Clay Chew presented this item and said staff has had several meetings with residents and representatives from the vet clinic to try and come to a consensus about walking the dogs or not walking the dogs and both options have been brought before Council for consideration. Chair Steve Brown spoke to say that there is a recommendation by staff (Option A) and a version that includes Councilmember Turner's recommendation (Option B). Mr. Brown said the proposal in Section 14 -89b of the Code, which is Option A, includes "except when they are being walked on a leash, one at a time, on the facilities property. He said Option B does not include those words and effectively states that "these animals have to do their business inside" Rick Spencer, Dr. Jordan's counsel, spoke to say that the genesis of the language in Option B was the result of Councilmember Turner's comments alone. He s said the language was added only for clarity and to get everybody's expectations the same as to what was going to happen. He said he doesn't think it is unreasonable, because you can't operate an animal clinic without the dogs being able to do their business. Councilmember Reilly asked if this facility would be permitted under the current ordinance. Mr. Spencer responded that the vet clinic would be allowed but only three patients would be allowed on site at any one time. Dr. Jordan spoke to say that kenneling was never in their proposition as all the animals were meant to be kept indoors, but they thought they could at least walk the animals. He said there will no external kenneling of animals. He said he understands the residents' concern, but they will do whatever it takes to be sure their concerns are not an issue. He said the dogs will not be walked in anyone else's yard, they will be contained behind a fence and there will be a person present when the animal is walked. Chair Brown said he thinks Option A, with a little tweak he sent Council this afternoon, provides the two objectives of the proposed amendment: (1) to permit a small veterinary clinic to operate in the commercial zone of the City; and (2) to ensure that any such facility is a good neighbor, especially to the nearby residents. He said the proposal provides a lot of protections for the nearby residents, such as there can't be odors outside the property line, there can't be noise outside the property line, and the dogs must be walked on the property of the veterinary clinic. Chair Brown a couple of things must be kept in mind: "We" want to see commercial development on the peripheral of the City. He said it's good for the tax base, it helps protect the residential properties inside. He said there are many good reasons to encourage commercial development and he believes the proposed Option A ordinance changes, with the tweak, is the way to go. He said he can't say that this is position of the BSC because there have been tweaks since last approved by the BSC. Chair Brown provided an Option C, which basically states that the veterinary clinic is not a kennel and can have more than three, four, five dogs. Chair Brown said he thinks the way the City can 13 of 19 City Council Minutes, July 13, 2015 both support this commercial development on the peripheral in general and to protect the nearby residents is to approve Option C. Councilmember Reilly said given the amount of time that has been given to Dr. Jordan and his attorney, he would like to ask Mr. Richardson (who also spoke during public comments) come up and speak for the neighbors in response to this change. Randall Richardson spoke to say that the reason he and his neighbors were not at the last meeting was because the permit itself says "all animal activities limited to enclosure." He said it can mean nothing else, so he and his neighbors relied on that, as well as the language in the initial proposed language which parroted that. He said they also relied on the letter from Dr. Jordan's attorney that said they would comply with the permit. He said in his and his neighbors minds that was the end of the story and so there was no reason for them to come to the last council meeting. Mr. Richardson said removing the maximum number of animals dismisses the reason for the provision of kenneling and it flips the policing of all the good neighbor requirements to the neighborhood and not to person who receives the permit. Mr. Richardson said in respect to the walking of the dogs, the area immediately next to Dr. Jordan's facility is zoned as residential, there is a sideline that is not fenced that would be zoned as commercial, so while it is an avian hospital, the number of dogs that will go outside to use the bathroom in view of the public on the street throughout the day would be undefined based on the new provision. Mr. Spencer spoke to say that he feels like some of the comments are disingenuous, because a building permit is not a contract or an ordinance and the building department does not legislate for these things. He said the arguments are not a basis for not being able to conduct a business at that location. When asked by Councilmember Ballanfant if he approves of this, Chair Brown responded that he can't speak for the entire BSC, but he thinks Option C does two things: (1) it incorporates the staff recommended version of this ordinance, which differs from what was originally approved by the BSC by responding to Councilmember Turner's concern about the number at the beginning of Section 14- 89(b); and (2) it recognizes explicitly the fact that dogs would be walked outside, but limits that to the property itself. He clarified that Section 14 -76 would not come into play for this facility to prevent the possible perception that if there was more than three dogs it was suddenly a kennel. Councilmember Reilly said that he understands that the idea is to let these animals do their business outside, but he is concerned about where the activity will take place. Councilmember Reilly said Council is making a rule that applies not to just this facility and not just to Dr. Jordan, but to all vet clinics that would want to build in the City and it's doing so because of the unusual facts of this case and particular sympathies because the City inappropriately originally approved this permit. He said he doesn't want to put blame on anyone, but it seems that Council is making a general rule in response to this unusual fact pattern. Chair Brown said that he would submit that the proposed general rules is a reasonable one for a veterinary facility in the commercial district of the City, but ultimately it is Council's decision. 14 of 19 City Council Minutes, July 13, 2015 Chair Brown recommended that Council approve the changes to the ordinance with a couple of small amendments, such as additional wording "on the facility's commercially zoned property" and to either add the words "no maximum number" at an appropriate place so that that the number of animals is not limited to three or four; or to make the change that he proposed in Option C at the end of Section 1476 and go forward and approve this on the second reading tonight. At this time, there was a comment from the public. David Marks, 3737 Albans, spoke to say that he was at the BSC hearing and previous Council meeting and what struck him at the BSC hearing is that it seems odd that West U would be making new policy and new law in this way. He said Council is creating a set of ordinance changes for a particular business, mainly to accommodate the mistakes made by the owner of the facility by not investigating what the status of the law was before embarking on the project or purchasing the land. He said it usually makes bad law when you do something for a specific set of circumstances and then compound the issue by drafting at the table. Mr. Marks said West U doesn't need the tax base of more businesses as much as it needs the stability of its regulations that the residents can rely on. Councilmember Reilly said he agrees with the speaker and said it is tough for Council to sit at the meeting and revise the language on the second reading. He said if Council wants BSC to draft this ordinance, it should be sent back to BSC. He said everyone has done a lot of work on this, but now there is an Option C that was never approved by the full Commission. Chair Brown pointed out that Options A and B were not approved by the full Commission, either. Councilmember Reilly said he would like the BSC to consider where the walking activity will be and what sort of protection there will be for the neighbors in terms of fencing. Mayor Sample said she is concerned about the timeframe. She said if this gets stretched out to where Dr. Jordan can't get his funding for the next phase of construction, then the City has really made a mess of the whole thing and sets the City up for litigation. She said she also doesn't the City is being a good neighbor. Chair Brown said in this instance, he doesn't think sending it back to the BSC will resolve the difference between the positions of the nearby neighbors and Dr. Jordan and his attorney, but maybe it will. He said sometimes Council has to make amendments to an ordinance on the fly and that is what he is suggesting tonight. He said the BSC doesn't have any reason to support Dr. Jordan as opposed to the nearby residents. He said he simply wants to see the matter resolved in the way that is most beneficial to West U as a City. Mayor Pro Tern Kelly said Council should not try to tweak it at the Council table. He said if Council is going to pass anything, he suggests that it passes what the BSC brought before Council the first time. Councilmember Reilly said he would support either sending the ordinance back to the BSC for tweaking or approve the original proposal. He said if it is sent back to BSC, he would like for them to establish that the City is not just doing this for the one facility. After discussion regarding BSC timelines, Councilmember Turner moved to refer this item relating to amending Chapter 14 of the Code related to veterinary facilities back to Building and Standards Commission with the recommendation that they return it to Council at its meeting of July 27, Mayor Pro Tern Kelly seconded the motion. MOTION PASSED. 15 of 19 City Council Minutes, July 13, 2015 Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 8. Video Recording City Council Meetings Matters related to video recording of City Council Meetings. Councilmember Turner presented and said this Council expressed an interest in having professional level audio /visual recordings of its proceedings made available to the citizens, however, the video taping of the first several council meetings and the workshop took place before that objective was codified. She said she became aware of the video tapings of those meetings as a result of a series of emails regarding those proceedings. Councilmember Turner said she is not suggesting that any action be taken at any time other than to suggest that staff provide Council with a plan for recording and publication of council proceedings before taking any further action regarding videotaping. When asked if the current meeting was being recorded, City Manager Ross responded that it was due to security reasons and asked if Council would like staff to turn them off. Councilmember Turner said she was not sure that is where she is going, but the serious issue for her was that the new members of Council were not advised that the taping was taking place. City Manager Ross said staff will do whatever Council would like for staff to do going forward. He said this has never been but staff is happy to take whichever direction Council would like. Councilmember Turner said she is not suggesting that staff do anything different at this point. City Manager Ross said based on Council's current goal, staff intends to bring options and costs information forward to Council for consideration at a future meeting. 9. Green Yard Waste Matters related to recycling of green yard waste, including a presentation from the Recycling and Solid Waste Reduction Board. Recommended Action: Discuss and take any desired action. Recycling and Solid Waste Reduction Board (RSWRB) Chair Orval Marlow, resident at 3823 Marlowe, presented this item. He said from 1999 to 2006 the City separated yard waste and was one of the first cities in the state to do that, but in May 2006 the composting facility closed and as a result the City had to stop the procedure. In 2010, Mr. Marlow said the yard waste became a more viable proposition because Living Earth moved closer to West U. Chair Marlow said if the City goes with the current diversion rate of 25% of what it's doing right now and add yard waste to that, the diversion rate would move to 41 % of the trash, which is fairly a high percentage. He said the higher the yard rate tonnage, the higher the recycling rate will go up. Mr. Marlow said there are two options: (1) the City primarily collects the yard waste separately, with minimal use of third party hauler for heavy leaf times; and (2) a third party collects the yard waste. 16 of 19 City Council Minutes, July 13, 2015 Mr. Marlow reviewed the cost of each option: Option 1 would cost a household the monthly rate of $1.63 and seniors a monthly rate of $0.83, but if f the City has to increase staff (contract worker) to handle the volume, the rates would increases by $.55 and $.28, respectively. For Option 2, the monthly rate would be $1.97 per household and $1.00 for the senior rate. If an increase in staff is required (contract worker), the rates would increase by $.55 and .28, respectively. Mr. Marlow said besides the monthly rate increase, there is a difference in pricing between the Kraft bags and the compostable bags. He said on average a resident will use 104 bags per year for yard waste and will be spending approximately $2.22 per month if using regular plastic bags. He said if they are required to use Kraft bags, which is what the RSWRB recommends, a resident would spend approximately $3.26 more per month. Mr. Marlow said the reason the RSWRB is recommending recycling green waste now is because the composter has been nearby for almost five years and is located close enough to the City for it to be economic to transport the yard waste. He said currently, West U is approximately 10% below the national average and by adding yard waste recycling the rate would be well above the national average and quite possibly the highest in Texas. Councilmember Turner asked if the types of bags could be combined. Mr. Marlowe said the minimum standard would be the Kraft bags, but a resident could also use compostable bags. He said if compostable bags were the standard then that would be the only type that could be used. Chair Marlow said the RSWRB is sensitive to the cost issue so the question is whether this is the right time to consider the program and whether it is the right time to do it. He said the RSWRB thinks it is. When asked by Councilmember Reilly for a lead time if Council decided to go forward with implementing green yard waste recycling, Mr. Marlow said it would be late February/early March before the program can start. City Manager Ross said there is a good chance that if the budget is adopted by Council in late September /early October staff can be ready at beginning of the calendar year, depending on how quickly it can hire personnel. At this time, comments were made from the public. Dick Yehle, 6401 Rutgers, spoke to say that Chair Marlow made a great presentation and he has no quarrels with the analysis and thinks it was a very neutral financial evaluation. Mr. Yehle said in addition to the economics, the operational, and emotional factors, other factors need to be considered. Mr. Yehle said, with apologies to the recyclers, the expense of this program is all for chasing feel good statistics and he doesn't think the City needs to spend money just to chase a number. Mr. Yehle said the bagging obligation is an issue because in addition to the fees, the bags themselves might not be the first choice of the people who actually use them. Regarding equity, Mr. Yehle said most people use a yard service, so everybody is paying $1.50 - $2.00 month recycling fee to support those people who do not do their own yards, which is not fair. Mr. Yehle asked Council to give careful consideration to all the factors that have been highlighted and not get overwhelmed by the emotional argument of why green waste recycling is needed. He said users will see no benefit from this program, in fact the user will see a reduction in service from 17 of 19 City Council Minutes, July 13, 2015 twice a week pickup to once a week and on top of that he will have to pay a fee and a bagging fee. He said it's not a good deal from a service perspective. Mr. Yehle said the presentation was an excellent report prepared by Public Works Director, Dave Beach, whose work has been greatly influenced by the tutelage Michel Ross. Steve Brown, 3305 Rice, spoke to just say he echoed what Mr. Yehle said. 10. Council Rules of Procedure Matters related to the adoption of revised Council Rules of Procedure. Recommended Action: Discuss and approve procedures. Mayor Sample presented and said Council might want to review the rules again before considering them on first reading, because she has found that Rule 11 is inconsistent with the City's Charter. City Attorney Petrov said Rule 8 needs to be reviewed as it appears to be inconsistent with Rules 10 and 11. City Manager Ross said staff will make redline changes and bring it back to council at the next meeting for first reading. Councilmember Reilly asked that Council attach the provisions of the Charter that are referenced. Councilmember Reilly said he had a change to Rule 10. He said instead of stating that all agenda requests must be made in writing he suggests it states "or be made in a City Council meeting." Mayor Sample said she believes it is better to have to put things in writing. Councilmember Reilly said being able to add things to agenda at the meeting facilitates public discussion about what is going to be talked about at the next meeting. He said he wants to be able to do that and right now he can't because the rule says it has to be in writing. No action taken. Staff and City Attorney Petrov will review the amendments per tonight's discussion and bring it back to council at the next meeting for first reading. 11. Future Agenda Items Matters related to future agenda items. See attached list of Future Agenda Items. Recommended Action: Discuss and take any desired action. Councilmember Reilly said he received several emails regarding flooding in the 3800 block of Southwestern Street and requested that discussion of the item be added to the agenda for the second meeting in August. Councilmember Ballanfant seconded Councilmember Reilly's request. 12. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 18 of 19 City Council Minutes, July 13, 2015 A. City Council Minutes Approve the Special Meeting Minutes of June 18, 2015, the Regular Meeting Minutes of June 22, 2015 and the Minutes of the City Council Orientation and Goals /Setting meeting of June 24, 2015. B. Harris County Multi- Hazard Mitigation Plan Matters related to a resolution adopting the Harris County Multi- Hazard Mitigation Plan. Recommended Action: Approve the resolution adopting the Harris County Multi- Hazard Mitigation Plan. Mayor Pro Tern Kelly moved to adopt the Consent Agenda as presented. Councilmember Ballanfant seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 13. Adjourn Meeting With no further discussion or action before Council, Councilmember Ballanfant moved to adjourn the meeting at approximately 10:45 p.m. Mayor Pro Tern Kelly seconded the motion. MOTION PASSED. *.Sq rt �� Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None A bsent: None A. a inn p d 7� 4i OGl /S Thelma A. Lenz, City Secretary X Dat Approv d 19 of 19