HomeMy WebLinkAbout071320 CC MinThe City of West University Place
A Neighborhood City
CITY COUNCIL STAFF
Bob Higley, Mayor David J. Beach, City Manager
Kevin Trautner, Mayor Pro Tem Alan Petrov, City Attorney
John P. Barnes, Councilmember Thelma Gilliam, City Secretary
Lauri Lankford, Councilmember
Ed Sobash, Councilmember
CITY COUNCIL MINUTES
The City Council of the City of West University Place, Texas, remotely met in a workshop and regular
session on Monday, July 13, 2020, at 5:00 p.m. in the Municipal Building located at 3800 University
Boulevard.
Agenda items were as follows:
WORKSHOP (5:00 PM)
1. Call Workshop to Order
Mayor Pro Tem Trautner called the workshop to order remotely at 5:00 p.m. Councilmembers Barnes,
Lankford and Sobash were in attendance via video/teleconference. City Manager Beach, City
Secretary Gilliam, City Attorney Petrov, and Police Chief Walker were physically present in the Council
Chambers. Mayor Higley arrived at 5:50 p.m. and attended physically from the Bill Watson Conference
Room.
2. Public Safety Discussion
Matters related to an overview on public safety. Recommended Action: Discuss and take any desired action.
Mr. Ken Walker, Police Chief
Chief Walker presented an overview on public safety, which included:
• Police activity from 2015 through June 2020;
• Uniform Crime Reports;
• Services offered by PD;
• State and Federal Mandates; and
• Communications
A discussion ensued regarding communications. Councilmember Lankford said reasons were given
why the City shouldn’t communicate, but there are a number of reasons why the City should
communicate.
Councilmember Lankford said it seems like the times when there is availability to send out a message
the City doesn’t, and when it does, often times there is no update as to the conclusion. She also said
there is a two-sided position when it comes to SWIFT 9-1-1 because the City wants people to sign up
for messages but then the City doesn’t send messages out.
Mayor Pro Tem Trautner said in the months since Council started inquiring about communications he
has learned that when PD goes out on a call they are in a “fog of war.” He said he presumes the police
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will do what they are supposed to do to protect the residents and that once the police feel that the
suspect is no longer an imminent threat he thinks there is nothing to communicate at that point.
In response to Councilmember Lankford, Chief Walker stated that the Police Department is not against
sending out messages but, in addition to not having the staff, it’s very difficult and tough to know what
to release and what to hold back because it is not just the road closures due to an incident it’s also
about ensuring that any victim’s information is not released. He said he would love to have a full-time
staff person that could handle that because it really is a problem when PD receives calls during an
event from people wanting to know what has happened. Chief Walker said the last thing he wants to
do is to give Council an impression that staff can do something and then the next time a major event
happens and PD fails to do it, it will seem as though Council was misled.
Chief Walker said it is not a lack of will but realistically it just can’t be done with the current staffing
level. City Manager Beach added that it is about being consistent with how things are done. He said
staff will bring the issue to Council in August for discussion on how it wants to proceed with
communications. He said it is about finding out what service level the Council and community want
and establish a plan on how to get there.
Councilmember Lankford said maybe the City shouldn’t provide an expectation to residents so that
when the City has time to send out notifications it is exceeding expectations rather than always missing
expectations. Chief Walker said again he did not mean to give reasons not to do it he just wanted to
indicate how difficult it is to do it with the current staffing and how sensitive the messaging can be. She
said she understands that but until recently when the disclaimer was added to SWIFT 9-1-1 it was
implied that the City would provide those type notices which is what bothers her. She said maybe it
should state that SWIFT 9-1-1 is only for other types of emergencies and not police issues until the
department is staffed to do so.
Mayor Pro Tem Trautner said the occasional police notification when it is doable makes sense and
thinks it makes sense to have those limited emergency notifications via SWIFT 9 -1-1. He said he thinks
the City is doing the best it can on this issue for its size right now.
Councilmember Lankford said she is happy that a disclaimer was recently added to the SWIFT 9-1-1
website page, but she is not sure how many people signed up years ago that have actually seen the
disclaimer so she suggested that a blurb be included in City Currents explaining when SWIFT 9-1-1 is
used and when it’s available. City Manager Beach responded that before he does an education
campaign on communications he would like to know what level of service is the goal. He also said that
SWIFT 9-1-1 can be changed on the website to read “Alert Notifications.”
Mayor Pro Tem Trautner asked if staff should poll residents now to see if the service is adequate as is.
He said one of the problems might be that in the advent of social media people have a very high
expectation of a media communication and the problem with that is it spills over into areas where it
probably shouldn’t – like police work. He said it’s different from posting on something like Next Door
where there is no accountability factor.
Councilmember Lankford said she would like consistency. She said the City needs to decide what it is
going to do, how it’s going to do it and stick with what it can manage.
Mayor Pro Tem Trautner said he feels that the service level is fine, but agrees with Lauri that it is fair
to make clear what the function is of SWIFT 9-1-1 in order to manage the expectations of citizens.
Councilmember Lankford said ultimately she wants more, but if the City doesn’t have the level of staffing
to do that then it doesn’t make sense to try to meet an expectation that can’t be met. She said she
understands the limitations based on the number of people on staff so she is fine with Mayor Pro Tem
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Trautner’s suggestion if the City can just figure out what the level of service is and how to manage it
with the current staffing levels.
Councilmembers Barnes and Sobash both agreed with Mayor Pro Tem Trautner and Councilmember
Lankford.
Councilmember Lankford said another issue she had regarding public safety is ordinance violations
and enforcement. She asked if the City is tracking repeat offenders of traffic and noise violations (i.e.
construction). Chief Walker said the City can’t track a company’s repeat offenses if a citation hasn’t
been issued. He said the warnings usually suffice.
Councilmember Lankford asked if there is enough staff to enforce parking over sidewalks, noise and
other ordinances. Chief Walker said most times but he wants his officers out looking for burglars and
people that will rob residents when they step out of their homes. He said they will enforce the parking
on sidewalks but not through targeted enforcement.
Mayor Pro Tem Trautner asked if it would help to move some of the enforcement duties to the Code
Enforcement Officer and share some of the animal control duties with other cities to free up time for the
Code Enforcement Officer or hire another code enforcement person.
City Manager Beach said another Code Enforcement Officer would cost the City between $75,000 and
$80,000 in salary and benefits, not including costs for a vehicle, etc. He said if it is the desire of Council
he can propose the position in the 2021 Budget. He said another idea is to have a joint operation with
Bellaire and/or Southside Place for animal control, which would free up the Code Enforcement Officer
to do other things, but a discussion would have to be had with those cities.
Regarding the ordinance violation numbers, Councilmember Sobash asked if Chief Walker knows the
mix between what police handled versus what the Code Enforcement Officer handled. Chief Walker
said he doesn’t have those numbers on hand, but said the vast number of animal control calls are
handled by the Police Department because they are usually calls received after hours and on
weekends.
Councilmember Sobash said he assumes that noise and light violations will be mostly after hours, too.
City Manager Beach responded and said yes and most of those complaints received after hours for
noise will be handled by the Police Department. He said when it comes to light violations, it might
initially be handled by PD but eventually handed off to Public Works.
City Manager Beach said he will schedule a meeting in late August or early September to discuss
enforcement along with the overall communication strategy.
A copy of the presentation is attached and audio of the discussion is on the City’s website or you can contact the
City Secretary’s office for a copy.
3. Adjourn Workshop
Mayor Pro Tem Trautner adjourned the workshop at approximately 6:20 p.m.
REGULAR MEETING (6:30 PM)
4. Call Regular Meeting to Order
Mayor Higley called the Regular Meeting to order at 6:30 p.m. in the Bill Watson Conference Room
located in the Municipal Building at 3800 University Boulevard.
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City Manager Beach, City Secretary Gilliam, City Attorney Petrov, and Public Works Director Barrera
were physically in attendance. Fire Chief Taylor, Finance Director DuBose, and Chief Building Official
Chew attended remotely.
The following participants also attended remotely:
Zoning and Planning Commission Chair Richard Wilson, Evan DuVall with BBG Consultants, Kevin
Taylor with BBG Consultants, Arno Bommer with CSTI Acoustics, Lance Gandy with Architectural
Lighting Design, also attended remotely.
5. Roll Call
Mayor Pro Tem Trautner and Councilmembers Barnes, Lankford, and Sobash attended via
audio/videoconference.
6. Pledge of Allegiance
Councilmember Lankford led the Pledge.
7. Public Comments
This is an opportunity for citizens to speak to the Council relating to agenda and non-agenda items.
Russell Wilson, 4102 Judson, spoke on his concern regarding the notice received in the utility bills
last month about the disinfectant used in the water and that West U is going to switch from Chlorine to
Chloramine. He asked that Council reconsider the decision and the public be educated to potential
health effects.
Dick Yehle, 6401 Rutgers, spoke regarding his displeasure with the audio quality of the online
meetings.
8. Amendment to Noise Regulations
Matters related to an ordinance amending the City’s noise regulations including quiet hours.
Recommended Action: Discuss and take any desired action. Ms. Gerardo Barrera, Public Works Director
City Manager Beach provided an overview of the process and said the noise ordinance has been before
Council in a workshop, the Building and Standards Commission (BSC) once, and the Zoning and
Planning Commission (ZPC) 16 times since 2018.
Before getting into comments and discussion, Mayor Pro Tem Trautner said he wanted to state that
Council is up to speed and in the loop on conversations and communications with respect to noise and
also with light. He said he knows that members of Council have listened in on ZPC meetings and that
the ZPC, staff and Council have spent hundreds of hours on these issues, spoken with residents, read
articles and done research so Council is not coming to this cold. He said Council has heard a lot of
input and look forward to hearing further comments tonight. He said Council encourages this process
and said it has been a great process.
Council then took comments from the public (remotely):
Dick Yehle, 6401 Rutgers, spoke to say that noise from leaf blowers and other machines is a fact of
life and is in part attributable to what we ask others to do for us. He said though it is Council’s goal for
improving surroundings it needs to be careful about the laws it passes going too far. He said this is
why he whole-heartedly endorses the recommendation from Richard Wilson and the ZPC by supporting
proposed changes to the noise ordinance and Option A, not Option B.
Aurelio Diez, 4025 Southwestern, spoke to say that both proposed options can “live happily together.”
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Eddie Matthews, 5906 Fordham, spoke to say he commends the ZPC members for their hard work
and diligence on the issue of noise. He said he believes the ZPC has found a workable and easily
enforceable solution in recommending the listed amendments, including Option A (an extension of quiet
hours). He urged Council to accept and approve the ZPC’s recommended list of amendments including
Option A, but not Option B, to the current noise ordinance.
Cynthia Johnson, 3805 Tennyson, spoke to say she sent in a memorandum also (attached as
requested for the record) but also wanted to call in to express her strong support for the quiet hours to
begin at 6:00 pm on weekdays, for a decibel limitation on equipment in Option B, the retention of the
prohibition of lawn equipment use during quiet hours. She said if the City is going to continue to grow
and remain a good place to live we have to be able to grow and change.
Paul Scheet, 3602 Carnegie, spoke to say he is in favor of extended quiet hours and in favor of limiting
the noise through decibel level restrictions from machines as outlined in Option B with using the
retention of the current prohibition of lawn equipment during quiet hours as outlined in the existing
ordinance.
Perry Nolen, 4203 Milton, spoke to say his input (on the noise ordinance) comes down to three points:
(1) wants to applaud the ZPC for their efforts and responsible recommendation; (2) in favor of the
adoption of the increased quiet hours and Option A as recommended by the ZPC; and (3) against
consideration or adoption of Option B primarily for the reasons outlined by the ZPC. He said he
encourages Council to accept and approve ZPC’s recommendation for the change in quiet hours and
Option A of the noise ordinance but reject Option B.
Kim King, 6603 Rutgers, spoke to say that her participation in this issue began on Next Door and most
of the people on Next Door that live in West U felt the need for something to be done with respect to
leaf blowers. She thanked the ZPC and Council for trying to address this issue, but she sees it as an
issue that exists today and one that will continue to exist and increase in the future. She said her view
is that a part of the deliberation to consider is “where are we going with this?” and “what do we want
West U to be for its residents?” She said she supports the adoption of both proposals.
City Secretary Gilliam summarized an email from Lois Macy, 3815 Tennyson, outlining his/her support
of the proposed noise ordinance by increasing the quiet hours to begin at 6 pm on weekdays, having a
decibel limitation as proposed in Option B, and maintaining the prohibition of lawn equipment use during
quiet hours.
After comments from the public, ZPC Chair Richard Wilson spoke regarding the ZPC’s
recommendation. He said the main focus of the debate is Option A versus Option B. For context, he
said the amendment to the noise ordinance has two parts: (1) the expansion of quiet hours and (2) the
actual amendment to the noise ordinance in Chapter 54 of the Code of Ordinances.
Before getting into the discussion of Option A versus Option B, Mr. Wilson said he thinks it is important
that people understand that the expansion of quiet hours is applicable to both Option A and Option B.
He said the expansion of quiet hours is as discussed at the workshop a month or two ago, but with a
small tweak regarding holidays. He said in the existing ordinance holidays are: Thanksgiving,
Christmas Day and New Year’s Day. He said the Fourth of July was added and any City holiday on
which there is no curbside trash pick-up.
Mr. Wilson said another point he wanted to make before the Option A versus Option B discussion is
what should be permissible for yard equipment during residential quiet hours. He said a number of
speakers have supported that there should be a complete ban during quiet hours on noise generated
by yard equipment and they’ve pointed out that that’s the case under the current ordinance, which he
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said is partially true. He said gas-powered equipment is banned under the current ordinance during
quiet hours, but the current ordinance lacks the general standard for noise in Section 54-40 of the Code.
Mr. Wilson said the proposal for Council will allow both construction work and yard work noise during
quiet hours but subject to the 58 decibel quiet hours general rule that is in Section 54-40. He said the
ZPC’s thinking behind that was that if someone was painting the house next door they will not be making
a “bunch of racket” if working until 7 pm. He said similarly some homeowners who do their own yards
have battery powered yard care equipment that is quite quiet and might want to do their yards right
before it gets dark or on a Sunday morning and so the ZPC felt it should be allowable during quiet
hours.
Regarding Options A and B, Mr. Wilson said though the ZPC supports Option A, either option will be
an improvement to the ordinance.
Mayor Higley said many of the speakers have said that they like both options and said they are not
conflicting and asked Mr. Wilson if the ZPC could take one, both or none. Mr. Wilson said options A
and B are inconsistent alternatives. He said under Option A there is no regulation of noise outside of
residential quiet hours for yard equipment, which is the way the current ordinance is written right now.
He said Option B would impose restrictions outside of residential quiet hours and there is a sound limit
for all equipment other than leaf blowers. Mr. Wilson said on leaf blowers, for the sake of simplicity and
efficacy, “we won’t inquire as to how much sound the leaf blower actually makes, we will look solely at
the manufacturer’s equipment rating and the equipment will have to meet the rating of 70 under the
current proposal and if it doesn’t meet that rating regardless of whether steps are taken to make it
quieter than that, it’s a violation.” He said the thinking behind that was ease of enforcement, ease of
determining the rating on any piece of equipment, and so the City does not have to purchase sound
meters and train PD staff how to work them due to violations occurring in the evenings when the Code
Enforcement Officer is not on duty.
Mayor Pro Tem Trautner said he wanted to clarify Mr. Wilson’s statement and summarized that the
revision happens with both Option A or Option B, and so the people who are asking for both are really
asking for Option B, but with the retention of the ban of (combustion engine) lawn equipment during
quiet hours. Mr. Wilson said he agrees with Mayor Pro Tem Trautner’s clarification.
Mayor Trautner thanked the ZPC for their long hours and hard work. He said they did a fantastic job
coming up with options. He said he really appreciates the strategic thinking and identifying all the
potential issues. Councilmember Barnes’ echoed Mayor Trautner’s comments.
Councilmember Lankford asked Mr. Wilson how many people on the ZPC were for Option B and how
many were not. Mr. Wilson responded that that the ZPC vote was 6 to 1 in favor of the recommendation
(Option A) and said the person who dissented only did so because he felt that Option B should not
even be presented to Council due to the superiority of Option A.
With no more questions for ZPC Chair Wilson, there were questions and answers with consultants
Evan DuVall and Kevin Taylor of BBG regarding their experiences with other municipalities that have
adopted similar ordinances.
Councilmember Barnes asked the consultants whether in their experience with other municipalities that
have adopted this type of ordinance if they have seen a decrease in the availability of service providers
or an adverse impact of the cost to consumers. Mr. Evans said based on everything they have been
able to establish by reaching out to contractors there does not seem to be a disruption in service nor
have there been any complaints regarding increase in prices.
Councilmember Barnes said in comparing the equipment that meets the machine decibel level to what’s
commonly used currently has a difference been detected. Mr. Evans stated that there has been a slight
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difference in power for the equipment and there is a drop in horsepower as you get to a lower decibel
but the equipment can still get the job done.
Councilmember Sobash said he has a blower that is rated at 70 and it is sufficient to do plenty of the
yard work.
Mayor Pro Tem Trautner said he is for maintaining the current ordinance prohibition because from an
enforcement perspective the City doesn’t have to worry about measuring the actual decibels. He said
he doesn’t know if the City wants to get into enforcement issues during quiet hours if it doesn’t have to
do so.
Councilmember Barnes confirmed that essentially between the existing ordinance and Option A “we”
are taking out a provision that blocks all combustion engines during quiet hours and adding a provision
that blocks any kind of leaf blower that is over 58 dB(A) during quiet hours. Mr. Evans replied correct.
Councilmember Lankford said regarding some of the other sounds in the new ordinance that are
actually measured decibel levels she has a question from where the sound is measured. She said
there seems to be some differences within the ordinance on where it is measured and asked the
consultants their thoughts on the measuring locations. Sound professional Arno Bommer with CSTI
Acoustics spoke to say that the reason leaf blowers were put at a specific distance is because that is
what the standard calls for. He said other sounds are measured from the property line because it
makes most sense. Mayor Pro Tem Trautner said the leaf blower and the lawn sound specifications
are really just specifications with a sticker on the machine. He said no one will do any measuring to
enforce it. Councilmember Lankford said her inquiry was about other types of machines listed.
Councilmember Barnes asked Mr. Bommer to provide a commonly heard noise that is 58 dB(A) to give
an idea of what 70 dB(A) is. Mr. Bommer responded that 60 dB(A) is a quiet normal conversation, but
not a whisper, with 85 dB(A) one would have to shout to be heard and with 70 dB(A) one would have
to raise their voice, but not shout, to be heard at that level.
Councilmember Sobash asked ZPC Chair Wilson if there is a way to standardize the start and stop
times of quiet hours. Mr. Wilson said the change to the quiet hours was initially recommended by staff.
He said there was a wide variety of opinions and basically they did a roll call and the hours that are in
the ordinance are those that had majority support. He said particularly with respect to construction
work during the summer there was a small amount of support for going to 8 am on weekdays but most
of the members felt that during the summer construction crews need to start earlier than 8 am in the
morning and they’ve had the right to start at 7 am ever since this ordinance was enacted some 20 years
ago. Additionally, he said weekends are different than weekdays and Sundays are different than
Saturdays.
Mayor Pro Tem Trautner spoke to say that he feels that the decibel approach is doable and enforceable
with the sticker and so he would like to go that direction along with the quiet hours.
Councilmember Barnes confirmed that he likes the mechanical decibel approach and the quiet hours,
too.
Councilmember Sobash said he directly supports ZPC’s recommendation for Option A.
Councilmember Lankford said doesn’t like getting rid of the ban on yard equipment during quiet hours
even if the equipment is less annoying because it essentially adds another two days when lawn
companies can come and work with quieter equipment. Mayor Pro Tem Trautner said he agrees and
said if Council goes with Option B it retains the current ordinance prohibition provision on lawn
equipment during quiet hours.
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Councilmember Sobash suggested that Council go with the ZPC’s recommendation and moved to
accept the ZPC’s recommendation with Option A. MOTION DIED DUE TO LACK OF A SECOND.
Mayor Pro Tem Trautner asked for a consensus on Option B with the retention of the ban on lawn
equipment during quiet hours. Mr. Wilson said the way to effectuate that is to delete the remaining
language in Sections 13A and 14A after “residential quiet hours.”
Councilmember Barnes said he agrees with that. Councilmember Lankford said she agrees, but with
the caveat that Council can always tweak it in the future if needed.
Mayor Pro Tem Trautner asked if anyone is willing to decrease the weekday start of quiet hours to 6
pm. Councilmember Barnes said he is willing. Councilmember Lankford said it sounds extreme and it
would be difficult for those who do their own yard to do it after work.
Mayor Pro Tem Trautner moved to approve Option B, but retaining the prohibition on lawn equipment
used, not just on combustion engine but also generally, during quiet hours and approve the revised
quiet hours as recommended. Councilmember Barnes seconded the motion.
Councilmember Sobash said he is disappointed that Council is not going with ZPC’s recommendation.
Mayor Higley said he thinks Option B with modifications is very close with what ZPC recommended.
Councilmember Sobash said he thinks the ZPC put in years of work to come up with Option A so he is
going to go with their recommendation.
At this time a vote was made on the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford
Noes: Sobash
Absent: None
9. Amendment to Outdoor Lighting Regulations
Matters related to an ordinance amending the City’s outdoor lighting regulations. Recommended Action:
Approve ordinance on the first of two readings. Mr. Gerardo Barrera, Public Works Director
Mayor Higley first took the comment from the resident who signed up to speak on this item.
Dick Yehle, 6401 Rutgers, spoke about the historical and procedural perspectives on outdoor lighting.
He said the goal of the original ordinance was to reduce the impact of outdoor lighting on neighboring
properties. Mr. Yehle also noted that there will be a conflict if this ordinance is changed and the related
section in the Zoning ordinance is not.
Mayor Pro Tem Trautner said he agrees with Mr. Yehle’s analysis and is proposing that Council keeps
the current language of Section 8-107 in the Zoning code regarding outdoor lighting, move it to Chapter
14 and add the ZPC’s definition of glare with the reasonable person standard along with the proposed
ordinance violation provisions.
Zoning and Planning Chair Wilson said it is his understanding, and as stated in the recommended
action, that Chapter 8 will be amended with Chapter 54. He said “repeal” doesn’t appear anywhere but
the concept is a complete replacement and removing the lighting provision from the Zoning ordinance
because it’s a better fit in Chapter 54. He said if some language needs to be crafted by the City Attorney
to effectuate an appeal, then that may need to be done in the ordinance. Mr. Wilson said the intent
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coming out of the ZPC is a complete replacement. City Attorney Petrov said that is the intent and years
ago the idea was to place the lighting regulations outside the Zoning code and into Chapter 54. He
said the process to amend the Zoning ordinance involves calling a Public Hearing specifically on that
issue and the City had not done that process because it first had to get in agreement of what to put into
Chapter 54. He said after that it’s a simple matter to administratively go through the process to delete
any conflicting provisions that are left in the Zoning ordinance.
Mayor Higley said if Council isn’t careful it can make a big mistake here because he remembers light
trespass being extremely important and he doesn’t want to move away from it. He said he is very leery
about making changes to light trespass.
Mayor Pro Tem Trautner said his informal proposal is to keep in “light trespass” and add a definition for
“glare.” He said the current light trespass provision picks up glare but it’s not defined so his proposal
is to add that definition and some enforcement provisions to the ZPC recommendation.
Mayor Pro Tem Trautner stated that after he and Councilmember Barnes spoke with the light expert it
was their understanding that there is no objective standard for glare and was told that what
municipalities tend to do is have a subjective definition of glare that adds another tool in the kit in respect
to enforcement. Councilmember Barnes said also in talking with the light expert it was discussed to
revise the proposed definition of glare slightly so that where it states “…the luminance to which the
eyes are adapted” it would state “…the luminance to which the eyes of a reasonable ordinary person
are adapted.”
When asked by Councilmember Sobash his thoughts on the drafted ordinance, Mr. Wilson said this
issue was brought up because the ZPC was told by City staff that the existing ordinance was essentially
unenforceable and that it lacked objective standards so ZPC tried to keep their recommendation simple
– don’t shine your lights on your neighbor’s property. He said but at what point and time does that
cross the line and becomes a nuisance because light travels in all directions very rapidly so any light
on one’s property to some extent is going to illuminate the neighbor’s property. Mr. Wilson said ZPC
felt the glare approach, and the consultants agreed, was the most direct and least perilous way to try
and deal with this.
Councilmember Lankford asked if the proposed language is similar to what other cities are using. Mr.
Taylor with BBG said they have steered other municipalities towards this approach because it is much
easier to enforce.
Councilmember Barnes stated that the glare definition proposed by the ZPC does not have language
for a reasonable ordinary person in it and will create issues with the number of times there are
complaints and the ability to enforce the complaints. He said he believes the language “reasonable
ordinary person” should be added before voting on it one way or the other.
In response to Councilmember Lankford’s question as to what the consultants say in respect to the
addition, Mr. Lance Gandy with Architectural Lighting Design responded that he believes the language
is good because it is simple and enforceable. He said keeping it simple, enforceable, and something
that people can live with is the smart way to go.
Mayor Pro Tem Trautner asked if the proposed ordinance picks up light trespass. Mr. Wilson said light
trespass was included in the earlier drafts but was removed due to the direction discussed at the
workshop. He said glare is a subspecies of light trespass and light pollution and can be reasonably
defined.
Mayor Pro Tem Trautner said his concern is that it is narrower in its application and will not cover light
trespass issues. He said he recommends adding the definition for glare into the proposed ordinance
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because he is worried about “throwing the light trespass baby out with the bath water” on just adopting
the ZPC glare ordinance in total and doing away totally with the light trespass concept. He said he is
concerned that something will be lost on this.
Mr. Wilson said he is not aware that light trespass is a defined term in the existing ordinance. Mr.
Trautner said it’s not defined but at least it is there. He said without it at least being in there, there is
nothing to hang your hat on. Mr. Wilson pointed out that the current ordinance is only one section and
the only thing the ordinance really mandates is the use of full cut-off fixtures.
Councilmember Lankford said if staff felt like it couldn’t be enforced then losing it may not have much
affect anyway. Mayor Trautner said he questions that and would like for someone on staff to explain
why they can’t enforce it. Mr. Wilson said the current ordinance does not prohibit light trespass, but
rather suggests the use of full cut-off fixtures which are also not defined. He said the ZPC visited
several options in the past few months and there were other versions of the ordinance that were more
restrictive and found that adding light trespass language would only add confusion and not provide any
clarity.
Mayor Pro Tem Trautner said he would like to see something with light trespass in the ordinance
because he is worried about losing that historical standard in the neighborhood. He said it is worth
trying to address it and he would be for adding the concept of glare into the existing ordinance and
making sure the existing ordinance clearly states that light trespass is a problem, which would be better
than it is now. Mayor Pro Tem Trautner said he is not comfortable going with the sole glare standard
and is concerned about losing the light trespass concept in an enforceable manner.
Mayor Higley said he agrees with Mayor Pro Tem Trautner.
Councilmember Barnes said he likes the idea of adding the concept of glare and would also like
“reasonable ordinary” standard laid out. He said he is also in agreement that losing light trespass is
probably not a direction Council should go in.
Councilmember Lankford said she is leaning towards ZPC’s recommendation especially after hearing
that staff felt like they couldn’t enforce the existing ordinance and that it’s also what the consultant is
recommending based on what he is seeing cities move toward now.
Mayor Pro Tem Trautner said he is still of the view that he would like to keep the provision in the current
ordinance, add glare to it and make clear that the current ordinance applies to light trespass as a
violation in addition to glare.
Councilmember Barnes asked if the City puts itself in any kind of a quandary by virtue of keeping the
reference to light trespass and adding a definition for glare without there actually being a definition of
light trespass. City Attorney Petrov said he thinks the City does need a definition for light trespass if
one of the violations is going to be a violation for light trespass. He confirmed with Mayor Pro Tem
Trautner that it could be added to the ordinance.
City Attorney Petrov stated that it wasn’t so much that the language in the ordinance was
“unenforceable” but that focusing solely on the cut-off structures which was the way it worked didn’t
capture all of the problems. Mayor Pro Tem Trautner asked Mr. Petrov if adding the concept of a
definition of a glare is helpful for that reason. Mr. Petrov said it would provide more options when it
comes to enforcement.
Mr. DuVall with BBG spoke to say that from their point of view incorporating light trespass into the
existing ordinance wouldn’t be an overly complicated process and both versions would accomplish the
same goal.
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Councilmember Lankford said the ordinance can be proposed as adopted and if there is a problem add
light trespass back into the ordinance. Mayor Higley said light trespass can be left in where it’s been
forever and add a definition for glare. Councilmember Barnes pointed out that right now light trespass
is only included in the ordinance as a reference.
As paraphrased by Mayor Pro Tem Trautner, City Manager Beach said Council can adopt the glare
ordinance directing staff to add a light trespass concept to it at a later time and while it is working
through the public hearing process, the concept is still exists in the Zoning ordinance.
Mayor Pro Tem Trautner confirmed that Section 8-107 would not be removed unless Council approves
it after going through the public hearing process. City Manager Beach responded correct. Mayor
Trautner also confirmed with City Manager Beach that Council will get a second chance to add light
trespass and glare to Chapter 54.
Councilmember Barnes moved to accept ZPC’s recommendation for revisions to Chapter 54 with
instruction to staff to go back and prepare language that will subsequently enable Council to add light
trespass to Chapter 54 with an appropriate definition thereof. Mayor Pro Tem Trautner seconded the
motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
10. Information and Updates related to COVID-19
Matters related to COVID-19. Recommended Action: Discuss and take any desired action. Mr. Dave Beach,
City Manager and Mr. Aaron Taylor, Fire Chief and Emergency Management Coordinator
Mayor Pro Tem Trautner proposed a message to residents from the West U Council relating to the fight
against COVID-19. After discussion, City Manager Beach asked Council to think about the message
and decide after an update on the state from Chief Taylor.
Chief Taylor reported:
• There are 27 confirmed cases in West U – 10 active, 17 recovered, and 0 deaths.
• City staff is continuing to monitor state and regional cases and the statewide positivity rate,
which on June 22 was at 9 percent and as of yesterday the rate was 16.85 percent.
• Judge Hidalgo and Mayor Turner of Houston are pushing for another stay-at-home order but
Governor Abbott has not allowed it.
• The Texas Medical Center hospitals are starting to feel the strain and are at 9 percent into
Phase 2 capacity, but are not expecting to move into Phase III at least not for the next 2 weeks.
• City staff continues to work normal schedules while complying with the state-wide mask orders
and social distancing guidelines.
• To date the City has had several employees to contract the virus outside of the work setting,
but there is zero evidence of transmission from staff member to staff member while performing
duties at work.
• The Rec Center and Colonial Pool continue to operate at up to 50 percent capacity but all
programming and classes have been suspended as of July 3.
• Staff will continue to monitor the situation and adjust City operations as needed to keep staff
and residents safe.
After Chief Taylor’s status report, Mayor Pro Tem Trautner moved to approve the following statement
from Council to be emailed to residents:
City Council Meeting Minutes, July 13, 2020
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West University City Council encourages people to wear a mask and avoid gatherings to help protect
themselves and others from COVID-19. Everything may look calm in West U, but a battle for human
life is being fought in the Texas Medical Center just down the road.
Please protect yourself and your neighbors in the battle against COVID-19 by wearing a mask, avoiding
groups of people and staying home.
Be safe, save lives.
Councilmember Lankford said she would rather say “thank you” to the medical professionals rather
than telling people what they have already been told to do.
After further discussion, Mayor Higley seconded the motion made by Mayor Pro Tem Trautner.
MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
11. HomeSecure Concept Proposal
Matters related to discussing a proposal to provide a service to assist seniors and potentially other
residents in monitoring their properties during an extended period of absence. Recommendation:
Discuss and take any desired action. Councilmembers Lauri Lankford and John Barnes
Councilmember Lankford stated that at the last meeting she proposed to add this item to the list of
things to recommend to boards and commissions. She said she had initially proposed it as sort of a
notification system for people that have temporary issues, medical or otherwise, that would need
someone to keep an eye out for problems/damages occurring on the outside of the home. She said at
the suggestion of Mayor Higley at the last meeting she and Councilmember Barnes put together a
proposal.
Councilmember Lankford said the proposal has sort of morphed into something a little differently than
was talked about initially mainly because of resident Dorothy Zink, a founding member of the Good
Neighbor Team, who said that in her neighborhood there are six vacant houses that are not being
attended to. Councilmember Lankford said she thinks there are three or four in her two block area and
so the numbers are higher than what originally thought. She also said it is Dorothy's opinion that this
is something that would be too much for the Good Neighbor Team to handle, which is why this version
of the proposal really has this being more for staff to handle and help people who have to be away from
their homes for a short or extended period of time. She said those residents may have the means to
make repairs, but don't know about them because no one's at the house looking for problems.
Councilmember Lankford said she and Councilmember Barnes also thought the program could be
expanded to other vacant homes like spec homes or homes for sale that are vacant.
Councilmember Barnes said he and Councilmember Lankford essentially summarized the program in
general terms and laid out a set of questions for consideration. He said they can refer it to staff initially
to work up, get input from the Seniors Board as appropriate, and then come back to Council. He said
tonight they are only looking for a consensus from council as to whether or not to pursue it.
Councilmember Sobash asked if it would be a service that people would pay for. Councilmember
Lankford said she really hadn't thought of that, but it could be and is something to consider.
Mayor Pro Tem Trautner told Councilmember Lankford that he thinks her heart is in the right place, but
City Council Meeting Minutes, July 13, 2020
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he doesn’t think this is something the City ought to be in the business of doing – taking care of private
property. He said this is something that should be handled privately and doesn’t think it should be
outsourced and performed by a municipality.
Councilmember Barnes said this would be more of a notification system. He said speaking from his
own experience, there was a house vacant next door to his for a better part of 10 years because the
home was caught in probate and with no one watching over the home it deteriorated considerably, but
there was nothing that could be done about it because all the things that were visible were visible from
the rear. He said it is more common in West U than one thinks.
Mayor Pro Tem Trautner said he has received complaints about unkempt homes and would be in favor
of some sort of ordinance addressing vacant homes.
Councilmember Barnes said a decision isn’t being made tonight as to whether to do it. He said the
discussion is about whether Council thinks it's worth having staff look into it and come back to Council
with findings and at that point Council can decide whether or not to move forward.
Councilmember Lankford said she thinks it is important to support aging in place and the program could
be structured so that the City doesn’t take on any liability. She said a waiver can be signed that has the
person recognize that it’s a notification system only and that so many times a month or a quarter
someone will be going to look at the house.
Councilmember Lankford said her parents knew all their neighbors but yet when they were getting older
and having old age and health problems, the last thing that they were going to do is give a key to
someone and tell them they were deteriorating. She said people don't want to go around saying they
are getting old.
Councilmember Sobash said once the City takes it on as a city service it becomes a fee based thing
that could get confusing, so if it can be done through some board or volunteer organization that would
be the way to move forward.
Mayor Higley said there's obviously a lot of thought that went into this and asked Council to defer it until
a later date. Councilmember Lankford said yes, but thinks Council needs to think about what the City
can do to help the vacant house issue.
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.
A. City Council Minutes
Approve the City Council Meeting Minutes of June 22, 2020.
B. Water System Efficiency Study
Matters related to awarding a contract for a drinking water distribution system assessment to Freese
and Nichols, Inc., in the amount not to exceed $130,000. Recommended Action: Award contract to
Frees and Nichols in the amount not to exceed $130,000 and authorize the City Manager to execute the
contract. Mr. Gerardo Barrera, Public Works Director
C. Storm Water Management Program (Maintenance)
Matters related to awarding the contract for Storm Water Management Program. Recommended
Action: Award contract to maintain storm sewers, sanitary sewers and lift stations for an amount not to exceed
City Council Meeting Minutes, July 13, 2020
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$163,000 for a term of 5 years with 3 option one-year extensions and authorize the City Manager to execute
the contract. Mr. Gerardo Barrera, Public Works Director
D. Digester Basin Grit Removal
Matters related to awarding for the removal of grit, sludge and foreign matter from the digester basin
at the Wastewater Treatment Plant to K3 Resources in an amount not to exceed $110,000.
Recommended Action: Award contract to K3 Resources in an amount not to exceed $110,000 and authorize
the City Manager to execute the contract. Mr. Gerardo Barrera, Public Works Director
E. Goode Company Lease
Matters related to an Amended and Restated Rent Deferment Agreement with Goode Company for
lease of the City’s property consisting of approximately 1.0874 acres located on the south side of
West Park Drive between Wakeforest Street and Dincans. Recommended Action: Approve the
Amended and Restated Rent Deferment Agreement. Ms. Katherine DuBose, Finance Director
F. Pedestrian Bridges Rehabilitation Project
Matters related to an ordinance amending the 2020 Budget in order to award the contract in the
amount of $65,550 for the Pedestrian Bridges Rehabilitation Project. Recommended Action: Approve
ordinance on the first and final reading and award the contract to Wilson Building Services in the amount of
$65,500 and authorize the City Manager to execute the contract. Mr. Gerardo Barrera, Public Works
Director
G. Colonial Park East Improvements
Matters related to awarding contracts for certain elements of the project that exceed $50,000 each.
Recommended Action: Award contracts for improvements and authorize the City Manager to execute the
contracts. Mr. Dave Beach, City Manager
Councilmember Lankford requested that Item F be removed for discussion.
Councilmember Barnes moved to approve Items A-G with the exception of F. Councilmember
Sobash seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
Councilmember Lankford said regarding Item F it is being requested that the bid be awarded to the
third highest bidder. She said for whatever reason award to the first company did not work out, but
she is wondering why it was offered to the third lowest bidder rather the second lowest bidder.
Public Works Director Barrera explained that the award to the first company was eliminated
because they did not meet the requirement of the proposal as stated. The second lowest bidder’s
proposal included products of lesser quality than original proposed and chose not to meet the
standards. Therefore, the bid was rejected for convenience as suggested by the City Attorney.
Staff negotiated with the third lowest bidder and after negotiations they reduced their bid to $500
over the budgeted amount. City Manager Beach noted that the law was followed.
With no other questions, Councilmember Lankford moved to approve item F as was presented.
Councilmember Barnes seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
City Council Meeting Minutes, July 13, 2020
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13. Recess Regular Meeting to Convene Workshop on Drainage/Modeling Study
Matters related to the City’s Drainage/Modeling Study. Recommended Action: Discuss and take any
desired action. Mr. Gerardo Barrera, Public Works Director
Mayor Higley asked how long this would take. City Manager Beach said they will try and stick to the
point. Mayor Higley asked that this item be postponed. City Manager said staff will schedule a special
meeting.
Councilmember Sobash said for the record he would prefer to continue with the workshop tonight.
After a quick poll, it was decided to adjourn the meeting and schedule a workshop discuss this item.
14. Adjourn Workshop and Reconvene Regular Meeting
Not applicable.
15. Adjourn Regular Meeting
With no other matter before the council, the meeting will adjourn.
Councilmember Barnes moved to adjourn the meeting at 9:50 p.m. Councilmember Lankford seconded
the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
Audio of this Council Meeting is available on the City’s website or contact the City Secretary’s office to obtain a copy.
Prepared by: City Secretary Thelma A. Gilliam
Approved by City Council on: July 27, 2020
Attached: Public Safety Presentation
Email from Cynthia Johnson re Noise Ordinance
Public Safety Discussion
City Council Workshop
July 13, 2020
Police Activity 2015 -2020
Police Calls For Service
2015 2016 2017 2018 2019 2020
Jan-Jun
Accidents 186 188 170 215 237 69
Criminal 722 594 633 590 540 290
Ord. Violation 827 696 698 646 913 395
Alarms 3,184 3,132 3,015 2,832 2,637 1,060
Mutual Aid 900 761 792 787 759 657
Suspicious Activity 1,259 1,386 1,239 975 898 342
Special Assignments 657 416 465 626 480 216
Misc.1,326 1,239 1,171 1,356 1,532 742
Totals 9,061 8,412 8,183 8,027 7,996 3,771
2
Police Activity 2015 -2020
Police Non-Dispatched
2015 2016 2017 2018 2019 2020
Jan-Jun
Self - Initiated Activity 7,904 6,713 8,079 8,243 7,741 1,784
Facility Checks 998 919 1,443 1,592 1,293 698
Follow-Up Investigation 985 803 895 941 852 293
Prisoner related Calls 2,900 2,542 2,101 2,102 2,286 703
Warrants 78 66 69 84 112 16
Community Outreach 497 1,386 1,395 1,317 1,801 179
Misc.866 1,070 1,090 973 911 329
Totals 14,228 13,499 15,072 15,252 14,996 4,002
3
Crimes Report
Uniform Crime Report Charges Filed with DA’s Office
•2017 158
•2018 175
•2019 187
•2020 68
2017 2018 2019 2020
Rape 1 1 1 0
Robbery 9 1 4 2
Assaults 11 7 10 4
Burglary 44 35 49 15
Larceny 89 71 68 49
Motor Vehicle Theft 4 5 7 2
Totals:158 120 139 72
4
Police Services
•Patrol
•Investigative Follow Up
•Vacation House Watch
•Security Surveys
•Residential
•Churches
•Businesses
•Elder Abuse Training (After June 2020)
•Active Shooter (Yearly)
•Crime Prevention
•911 and non-emergency dispatching and call
taking ( PD, FD & EMS)
•Package Notification
•Evidence/Property Storage
•Temporary Holding Facility / Juvenile Holding
Facility
•Case Filing with DA’s Office
•Direct Link Monitoring
•Direct Link Account
•Non-Direct Link Account
5
State & Federal Mandates
•Firearm Qualification
•One annual qualification is mandated
•WUPD trains three times each year
•Mandated Officer Training Hours
•20 hours each year (officers usually receives more than the 20 hours each year)
•Mandated Dispatch Training Hours
•10 hours each year
•Texas Commission on Law Enforcement record keeping with audits
•Criminal Justice Information System record keeping with audits
•Public Information Act Management & Compliance
•Crime Victim Assistance Program
6
•Fewer people are applying to become police officers.
Sixty-three percent of agencies that responded to PERF’s survey said the number of
applicants for police officer positions had decreased, either significantly (36%) or
slightly (27%), over the past five years.
•More officers are leaving their departments—and, in many cases,
leaving the policing profession—well before they reach retirement age.
Among agencies that conduct exit interviews, the most common reason officers gave
for resigning was to accept a job at another local law enforcement agency, but a
close second reason for leaving was to pursue a career outside of law enforcement.
•A growing number of current officers are becoming eligible for
retirement.
PERF’s survey found that about 8.5 percent of current officers are eligible for
retirement, and 15.5 percent will become eligible within five years.
Police Executive Research Forum, Washington, D.C. 20036
SEPTEMBER 2019 7
Virtual Gate
Virtual Gate
Phase I:
•15 Locations
•Proof of Concept In Progress,
Currently Collecting Data, 90%
Collection Rate.
•Completion of Phase I by end of year
Phase II:
•25 Locations
8
Legislative Advocacy
•Texas Police Chiefs Association:
•Legislative Committee reviews all law enforcement bills filed in each
legislative session, provides testimony and contacts legislators advising of
the effects of proposed legislation on law enforcement.
•International Association of Chiefs of Police:
•Has developed relationships with members of Congress and the White
House, educates both on issues and proposed legislation affecting law
enforcement.
9
The TML Legislative Philosophy
•The TML approach to the 2021 session will undoubtedly be guided by principles that spring from a deeply rooted TML legislative philosophy:
•The League will vigorously oppose any legislation that would erode the authority of Texas city officials to govern municipal affairs.
•Cities represent the level of government closest to the people. They bear primary responsibility for the provision of capital infrastructure and for ensuring our citizens’ health and safety. Thus, cities must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish that revenue.
•The League will oppose limitations on the ability of cities (and TML) to advocate for local decision-making in their communities.
10
Current Position
1.The City will oppose any legislation that would inhibit the City’s ability to manage its workforce.
2.The City will oppose any legislation that would transfer duties of the state, federal or county government to local cities.
3.The City will oppose any action by federal, state or county governments to transfer their duties to local governments by inaction or failure to perform their duties.
4.The City will oppose any legislation that would force cities to expend local tax dollars (unfunded mandates).
5.The City will support legislation that would provide adequate mental health services to those in need of such services.
6.The City will support legislation that would adequately fund the criminal justice system to include probation, parole, prisons, county jails and mental health and addiction treatment.
7.The City will oppose any action or inaction that negatively affects the safety of West U residents.
11
Legislative Advocacy/President’s Commission
•Original Recommendation:
•All law enforcement recruits should receive training on the neurobiology of
trauma in the academy and receive ongoing training throughout their
career.
•Adopted Recommendation:
•All law enforcement academies and licensing standard boards should require
basic and ongoing training throughout the officers’ career on the trauma
and trauma-informed care as a condition of continued licensure and/or
certification.
12
Communication
•During Business Hours
•Depending on staffing and the incident drain on resources, a
message may or may not be sent in a timely manner.
•Timeliness of Message: Typically 30-45 Minutes, but can be
longer depending on the issue and available staffing.
•After Hours
•Typical after hours staffing levels are insufficient for timely
messaging.
13
Communication
•Considerations for Messages
•Suspect may receive the message also.
•Victim/Witness Confidentiality.
•Information relating to suspect identification, warning to suspect to flee, notifying
the suspect of evidence/lack of evidence, releasing the age/block number of
victim that can identify the victim, suspect can be alarmed and prepare a defense
or destroy evidence.
•Initial information is many times inaccurate. Can be used by defense in the trial.
14
Communication
PSA –Public Service Announcements:
•Crime prevention or other similar topics –National Night Out; DEA Drug Take Back events; safety
tips like theft prevention, BMV/Burglary prevention, scam prevention, etc.
Police Action/Incident Communication:
•Information regarding a police incident that has occurred or is in progress.
Issue Communication:
•Non-criminal related information like phone outages.
15
Communication
Police Action/Incident
Communication
Swift 911
2017 –2 alerts
2018 –0 alerts
2019 –2 alerts
2020 –0 alerts
Incident Communications
2017 –16 Comm.
2018 –11 Comm.
2019 –3 Comm.
2020 -1 Comm.
Public Service
Announcements
2017 –6 announcements
2018 –1 announcement
2019 –4 announcements
2020 –2 announcements
Issue Communication
2017 –1
2018 –0
2019 –0
2020 –5
16