HomeMy WebLinkAbout072720 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 27, 2020, at 5:30 p.m. in the Municipal Building located at 3800 University
Boulevard.
Agenda items were as follows:
WORKSHOP (5:30 PM)
Call Workshop to Order
Mayor Higley called the workshop to order remotely from the Bill Watson Conference Room at 5:30 p.m.
Mayor Pro Tem Trautner, Councilmembers Barnes, Lankford and Sobash were in attendance via
video/teleconference.
Staff: City Manager Beach, City Secretary Gilliam, Police Chief Walker, Human Resources Director Urban,
and HR Generalists Langdon were physically present in the Council Chambers. City Attorney Petrov
attended via video/teleconference.
Consultants: Rachel Skaggs and Joellen Cademartori, with GovHr attended via video/teleconference.
1. Compensation Study / Personnel Policies and Employee Handbook
Matters related to the City’s Employee Handbook and discussion regarding a recent Compensation
Study conducted by consultants on the City’s behalf. Mr. James Urban, Human Resources Director
Before beginning the presentation, City Manager Beach noted that for budgetary purposes discussion
of the Compensation Study is to receive direction from Council relating to the three options provided to
them. He also noted that the reason staff is before Council to discuss personnel policies is because
the Charter states that Council has to approve it.
Ms. Skaggs with GovHR gave a brief presentation and then there was a question/answer period.
Mayor Higley moved for staff to incorporate Version 3 of the proposed Compensation Plan into the
2021 Budget.
After discussion of the Compensation Study, HR Director Urban presented changes to the Personnel
Policies and Employee Handbook and noted that the changes had been reviewed by City Attorney
Petrov as well as the City’s employment attorney Susan Bickley.
Mr. Urban said one of the things that interested a couple of the councilmembers was holidays.
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Mayor Higley said from a historical standpoint this is an anachronism, a holdover from another era, in
a time when West U did not have the number of directors and division leaders it now does and the
Council did a lot of the work because it was a much smaller job. He said it is a huge job now and most
of the work has gone to the city manager and robust staff so setting holidays as an agenda item is way
down in the weeds for Council and is best resolved by people by the City’s working men and women to
decide what holidays they want and what they want to call them. He said while it is an interesting
subject he doesn’t know if Council needs to be in it, but rather taking the time to amend the Charter
and recognizing and doing away with this ancient appendage.
Councilmember Barnes spoke to say that he thinks the City’s choice of holidays reflects the City’s policy
and image of the City to some degree and thinks it is an anachronism that the City doesn’t recognize
Martin Luther King Day, which is recognized by every municipality around West U, the state and the
“feds” and so the City stands out by omission in that regard. He said it is not a good look for the City
for not doing it and may have an impact on the people the City is able to attract from elsewhere.
Mayor Higley responded and said (1) if it was not for the anachronism holidays would not be a policy
of the City but rather an election of the employees; and (2) if he was a prospective employee, he would
be more impressed if the City would say “it’s your holiday” so get together with the other employees
and come to Council with holidays you want to see observed.
City Manager Beach pointed out that the City has 10 holidays and for every one added would add
approximately $25,000 to the City’s budget due to time worked during a holiday. He said the floating
holiday does not have an effect on the budget because the day is chosen by the employee and is taken
on a day that is special to him or her.
Mayor Higley asked if all 10 holidays could be floating holidays. City Manager Beach said if Council so
chooses, but then there would have to be guidelines and procedures in place to ensure minimal staffing
on certain holidays (i.e. Christmas Day).
Councilmember Barnes said he feels strongly that the time has come for the City to recognize Martin
Luther King Day and happens to think the City’s recognition of Good Friday is in itself an anachronism
and proposed replacing the Good Friday holiday with Martin Luther King Day. He said doing so would
have $0 budgetary impact.
Councilmember Sobash said he would like to keep the schedule as it is and add an extra floating
holiday. He said he would also like to leave holidays up to staff.
In response to Mayor Higley’s question as what happens now, HR Director Urban said holidays will be
approved with the personnel manual and an ordinance will be brought before the Council with proposed
revisions.
In response to Mayor Pro Tem Trautner’s inquiry on the median number of holidays for municipalities.
HR Director Urban responded out of the 16 municipalities the consultants surveyed, the number ranged
from 8 to 14 so the average would be 11.
Councilmember Lankford said she originally felt the City should have all the Federal holidays, but at
that time she didn’t realize there would be such a cost impact.
Mayor Higley said this should probably be subject to a Charter review to let the voters vote on what
they want to do on holidays and primarily let the employees decide what 10 or 11 holidays they want
to call holidays.
Councilmember Sobash said he hasn’t heard anyone say how the current schedule is problematic so
he is a little reluctant to fix something that is not a problem.
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With that discussion ending, HR Director Urban did a “lightning round” of other changes and updates
to the following sections of the manual:
• Meaning of S.P.I.R.I.T.
o Superior Service
o Professionalism
o Integrity
o Results
o Innovation
o Teamwork
• Created a Code of Ethics section
• Compensation related policies
• Wellness Program
• Emergency Pay
After a few other questions and answers, City Manager Beach said staff will schedule first and second
readings of an ordinance soon to approve the revisions.
A copy of the audio of the discussion is on the City’s website or you can contact the City Secretary’s office for a
copy.
2. Adjourn Workshop
Mayor Higley adjourned the workshop at approximately 6:25 p.m.
REGULAR MEETING (6:30 PM)
3. 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.
4. Roll Call
Mayor Pro Tem Trautner and Councilmembers Barnes, Lankford, and Sobash attended via
audio/videoconference.
Staff participants: City Manager Beach, City Secretary Gilliam, and Public Works Director Barrera were
physically in attendance. Fire Chief Taylor, Finance Director DuBose, and Chief Building Official Chew
attended remotely. City Attorney Petrov attended via video/teleconference.
Others attending remotely: Zoning and Planning Commission Chair Richard Wilson, Evan DuVall with
BBG Consultants, Kevin Taylor with BBG Consultants, Nawa Panthi and Hui-Fong Chang with HTJ,
LLC, John Robuck with Bok Financial Securities, and Marcus Deitz with Orrick
5. Pledge of Allegiance
Councilmember Lankford led the Pledge.
6. Public Comments
This is an opportunity for citizens to speak to the Council relating to agenda and non-agenda items.
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Cynthia Johnson, 3805 Tennyson, spoke to thank Council for approving the noise ordinance on first
reading and for hearing what she and others said. She said she is looking forward to Council finalizing
the ordinance.
Richard Beck, 4116 Rice, spoke to say he is in support of the proposed noise ordinance and requested
that Council adopt it. He discussed some of the misinformation out in the community and thanked
Council and the Zoning and Planning Commission for their work.
Gregg Thompson, 3758 Plumb, spoke to say he is in the landscape business and is familiar with leaf
blowers and the nuisance value associated with them. He said for the record he does not allow blowers
at his house for different reasons than the decibel level. He said he is more concerned with the air
pollution associated with them. He said he believes stair-stepping to the proposed decibel level will
help a lot of the companies. See attached letter, which Mr. Thompson requested be made a part of the
record.
Aurelio Diez, 4025 Southwestern, spoke to say he has been following this and thanked the Zoning and
Planning Commission and City Council for approving Option B on first reading of the ordinance.
Michael Green, 4115 Swarthmore, thanked Council for voting in favor of the noise ordinance. He said
has no doubt the ordinance will improve the quality of life for West U residents.
Perry Nolen, 4203 Milton, spoke in opposition of the changes being proposed to the ordinance. He
said everyone cares about noise but he would like to see changes made responsibly without severely
impacting small businesses that perform these services. He said Option B is not sensible and should
be rejected for reasons documented by the ZPC.
Eddie Matthews, 5906 Fordham, spoke to request Council withdraw the noise ordinance from tonight’s
consent agenda to allow more careful consideration of ZPC’s reasons for its recommendations set forth
in its letter of July 9 and the assessments and decisions of past commissions and councils on this issue.
He supports ZPC’s recommendation to approve Option A and rejects Option B, which ZPC does not
support.
Dick Yehle, 6401 Rutgers, spoke to ask Council to take the advice offered by the ZPC seriously and
approve the ordinance with Option A and reject Option B on the second reading. He provided another
suggestion to get to the same place in a different way and without restarting the approval process.
Bryan Lethcoe, 3907 Ruskin, spoke to say he has two issues with the proposed ordinance – (1) it
does not fully consider the costs associated with the ordinance change and (2) Council has basically
chosen to disregard the hard work of the ZPC for the sake of mollifying a handful of vocal residents.
Kim King, 6603 Rutgers, thanked Council for approving the proposed ordinance on the first reading
and said it is a reasonable compromise.
Paul Scheet, 3602 Carnegie, spoke to say he supports the effort to limit the noise from leaf blowers.
Susie Hairston, 2620 Pittsburgh, spoke to say she is extremely glad City Council has decided to help
protect the workers citizens hire and the residents by putting in place an ordinance that will lower the
allowed decibel level of leaf blowers. She said although she would like to see the gas-powered leaf
blowers banned altogether, this is a step in the right direction.
7. 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
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Chief Taylor reported:
• Since the peak of cases experienced last on July 15, there has been a decrease in the number
of cases and positivity rate when looking at the statewide average.
• As of July 26 The Texas Medical Center is still exceeding Phase I ICU capacity and is 21 percent
into Phase II capacity.
• There are 29 confirmed cases in West U – 4 active, 25 recovered, and 0 deaths.
• Fire Department is currently managing a potential exposure case and taking necessary
protections and precautions.
8. Cash Defeasance of 2017 General Obligation Refunding Bonds
Matters related to the consideration and approval of a resolution calling for the defeasance and
redemption of certain outstanding bonds of the City of West University Place, Texas. Recommended
Action: Approve resolution calling for the defeasance and redemption of certain outstanding bonds of the City of
West University Place, Texas; directing the redemption of such bonds; and containing other matters related
thereto. Ms. Katherine DuBose and Mr. John Robuck of BOK Financial Securities
Mr. John Robuck with BOK Financial Securities presented. He has the opportunity to save $266,000
by paying off some 2017 General Obligation Refunding Bonds, which will also help with the tax rate
and lock in interest-cost savings.
In response to Councilmember Sobash, Mr. Robuck said the savings is because the City will no longer
be obligated to pay the interest on the loans it is paying off. Councilmember Barnes said the City is
basically avoiding the compounding of interest over the next several years.
Councilmember Sobash moved to approve the resolution calling for the defeasance and redemption of
the 2017 bonds. Councilmember Barnes seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
9. 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 July 13, 2020.
B. Quarterly Investment Report
Matters related to accepting the City's Quarterly Investment Report. Recommended Action: Accept the
Quarterly Investment Report. Mr. Harrison Nicholson, Treasurer
C. Amendment to Lighting Regulations
Matters related to an ordinance amending the City’s outdoor lighting regulations. Recommended
Action: Approve ordinance on the second and final reading. Mr. Gerardo Barrera, Public Works Director
[see Agenda Memo 9C]
D. Amendment to Noise Regulations
Matters related to an ordinance amending the City’s noise regulations. Recommended Action: Approve
ordinance on second and final reading. Mr. Gerardo Barrera, Public Works Director
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E. Truth in Taxation Resolution
Matters related to a resolution designating the Harris County Tax Assessor-Collector’s Office to
calculate, sign and submit all necessary information in connection with “Truth in Taxation.”
Recommended Action: Approve Resolution. Ms. Katherine Dubose, Finance Director
F. SCADA Programmable Logic Controller Replacement
Matters related to awarding a contract for the replacement of Wastewater SCADA System. Recommendation: Award contract. Mr. Gerardo Barrera, Public Works Director
Councilmember Sobash requested that Item D be removed from the Consent Agenda.
Councilmember Barnes moved to approve the Consent Agenda as presented with the exception of
Item D. Mayor Pro Tem Trautner seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
City Manager Beach asked Councilmember Sobash his reason for requesting removal of this item
from the Consent Agenda. Councilmember Sobash responded that on July 13 Council passed the
first reading of the noise amendment with Option B and he would like further discussion being that
the ZPC recommendation was Option A.
As requested by Councilmember Sobash, City Attorney Petrov explained the process related to
second readings and reconsiderations.
Mayor Higley stated that he clearly recollects that Council discussed all of the aspects of the report
from the ZPC. Councilmember Barnes said that was his recollection as well and that the discussion
included the Chair of the ZPC Richard Wilson and the City’s noise consultants.
Councilmember Sobash moved to approve the first reading of the ordinance with Option A that the
ZPC recommended. City Attorney Petrov informed Mr. Sobash that another councilmember would
have to make that motion because it would be a reconsideration being that he made the same
motion at the last meeting and it failed due to lack of a second.
Councilmember Barnes asked Councilmember Sobash if there was something on the merits of
Option A other than ZPC’s recommendation. Councilmember Sobash said he believes the
enforcement issue is real and that A is the superior option.
Councilmember Sobash recommended creating a stair step or a compromise to the adoption of the
70 decibels. He proposed going to a 75 decibel leaf blower limit starting January 2021 through the
end of 2022 and then move to a 70 decibel limit starting January 1, 2023.
Councilmember Lankford said she thinks the stair step sort of makes sense. She said she would
be in favor of it but not delaying so long in implementing the 70 decibel limit. Mayor Higley agreed.
Councilmember Barnes said there is a 6 months delay from the signing of the ordinance, but he
asked what are staff’s thought on the merits of stair-stepping. City Manager Beach said any
changes will require an educational period so the City would have to re-educate the residents for
every step. He said there will be twice the education and twice the learning curve as opposed to
going with one step as in the current proposed ordinance.
Mayor Higley said he doesn’t think a two-step process is necessary and said if it could get done in
6 months why frustrate residents and the City and leave people confused.
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Councilmember Sobash said he thinks a stair-step is a reasonable process to get to 70 decibels.
He said he believes the equipment will outpace the schedule and will be a problem that will take
care of itself, but also thinks having an ordinance that sets the limit is appropriate and giving time
to adopt is a fair compromise.
Mayor Higley said he would consider 9 months (for the ordinance to go into effect after signing) if
Councilmember Sobash thinks that is a fairer solution. Councilmember Sobash said the fairness is
the transition to this new standard and the impact that it will have to those that have this equipment
that becomes obsolete in West U. He said he would like to work with those people to get to this
standard and thinks that is a fair way to do it, but is looking for someone else to suggestion other
stair-step times.
Councilmember Lankford said seems like companies generally plan year to year when budgeting
so she can see taking it to 75 decibels at the 6 months and then in another 6 months go to 70
decibels. She said if 6 months apart, she doesn’t think there would need to be two educational
programs because residents can be educated to plan the year accordingly.
City Manager Beach said if it is the desire of Council to extend the time in order for people to comply,
he suggests a period of 9 months for the ordinance to become effective rather than having the two
steps.
Councilmember Barnes moved to approve the noise ordinance with an amendment that the
enactment will be a 9 month period instead of the prior 6 months. Mayor Pro Tem Trautner
seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
10. Recess Regular Meeting to Convene Executive Session
Executive Session will be held in accordance with Section 551.072 of Chapter 551 of the Texas
Government Code.
Mayor Pro Tem Trautner moved to table the Executive Session. Councilmember Barnes seconded the
motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
11. Adjourn Executive Session and Reconvene Regular Meeting
Matters related to any action taken resulting for the Executive Session
Not applicable. Executive Session was tabled.
12. Recess Regular Meeting to Convene Workshop on Drainage
Matters related to the City’s Drainage/Modeling Study. Recommended Action: Discuss and take any
desired action. Mr. Gerardo Barrera, Public Works Director
City Manager Beach gave a PowerPoint presentation recapping discussions over the past few months
regarding the drainage/modeling project. The presentation and discussion included proposed
improvements, costs, design phase services and schedule.
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John Robuck with Bok Securities reviewed the City’s options for the drainage project – issuing General
Obligation Bonds (requires a bond election) or issuing Certificates of Obligation (can issue when needed
and doesn’t require a bond election). Mr. Robuck said there is no difference in costs to the residents
with either one, except one has the associated cost of an election.
After discussion, the consensus of Council is to sale Certificates of Obligation for the Buffalo Speedway
portion of the drainage project in the amount of $20m and lock in the bond rate before the November
election. Mr. Robuck said he will put together a schedule to have the bonds sold in October.
Regarding drainage improvements in other parts of the City for an amount of $60m, the consensus of
Council is to have a future discussion on how to fund that portion and the steps to get there.
A copy of the presentation is attached and audio of the discussion is available on the City’s website or contact the
City Secretary’s office to obtain a copy.
13. Adjourn Workshop and Reconvene Regular Meeting
With no other business to discuss in the workshop, Councilmember Sobash moved to adjourn.
Councilmember Lankford seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
14. Adjourn Regular Meeting
With no other matter before the council, the meeting will adjourn.
Mayor Pro Tem Trautner moved to adjourn the regular meeting at 9:08 p.m. Councilmember Lankford
seconded the motion. MOTION PASSED.
Ayes: Higley, Trautner, Barnes, Lankford, Sobash
Noes: None
Absent: None
Audio of the Council Meeting is available in its entirety on the City’s website or contact the City Secretary’s office.
Prepared by: City Secretary Thelma A. Gilliam
Approved by City Council on: August 10, 2020
Attached: Letter from Gregg Thompson regarding Leaf Blowers
Drainage Presentation
Attachment to July 27, 2020 Minutes
1
City of West University Place
Citywide Storm Sewer Analysis
Prepared for:Prepared by:
July 27, 2020
Attachment to July 27, 2020 Minutes
2
Additional Results Discussion
Agenda
Major Drainage
Systems
4
4
Proposed Improvements and
Cost
5
Drainage System FEMA Flooded Homes
Academy 12
College 34
PFD 26
Buffalo 68
Kirby 9
TOTAL:149
Reported FEMA Claims
6
Drainage System Improvements Cost
Academy $31,000,000
College $15,000,000
PFD $2,000,000
Buffalo & Kirby $12,000,000
TOTAL:$60,000,000
Total Cost Per Drainage System
7
Estimate$31M*
*Includes 4-yearcost escalation
Road Replacement $21M
Proposed Improvements $10M
8
Estimate$29M*
*Includes 4-yearcost escalation
9
Results / Findings
Proposed Improvements Estimate$60M*
* Includes 4-year cost escalation
10
System W/ Restrictor
2-Year 10-Year 50-Year 100-Year
Academy 6.6 5.1 2.3 1.8
College 7.0 4.8 1.8 1.2
Poor Farm Ditch 4.8 3.4 1.5 1.0
*Buffalo Speedway 7.2 4.5 3.0 1.7
Kirby 4.2 3.0 1.6 1.0
Summary of Average Drop in Water Surface Elevation, Inches
* As designed
Average was estimated based on 4 locations within each system
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•Preliminary Engineering Report 6-8 Months
•Survey
•Geotechnical
•Environmental
•Landscaping
•Utility Conflicts and Resolution
•Design, Permit and Coordination 9-12 months
•60%, 90% and 100%
•Permit coordination starts at 60% design phase
•Bid and Construction Contract Award 3-4 MonthsTotal: 18-24 months
Construction Time 3-4 years.
Design Phase Services and Schedule
12
Questions & AnswersThank You
10351 Stella Link Road www.ht-j.com (O)832-767-0090Houston,Texas 77025 hfc@ht-j.com (F)832-767-0141
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Design Criteria
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Drainage Design Criteria –2 -year
•Hydraulic Grade Line (HGL) at or below the gutter
StormSewer
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Drainage Design Criteria –100 -year
•Water at or below right-of-way (ROW)
StormSewer
Sidewalk
ROWROW
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•Ratio of the Benefit to the Cost , and value of 1 means Breakeven
•BCR <1 –Project is not financially feasible. BCR <2 –May not be competitive for any Grants
•USACE Methodology
•Flood Depth –Damage
•Based on FEMA claims 150 homes flooded with average flood depth of 6” (Assume Average loss $150K)
•Assume loss of 300 Cars During Harvey (Assume average price $30K)
•Assume Impassable Streets for 3 days
•Assume damage at 20% of Harvey Loss for future 50-Year event
•Drainage Improvement cost is $39M for BCR analysis
BCR = 1.03
No dollar values were assigned for citizens mental and social stresses.
Benefit Cost Ratio
Based on Estimated Values
17
Property Damage: $ 22,500,000.00 Car Flooded and Damaged $ 9,000,000.00 Property Repair Cost $ 7,500,000.00 Emrgency Response and Damage $ 1,000,000.00 Content $ 5,625,000.00 Economic Damage (3 days of lost wages) $ 4,800,000.00 Total Loss $ 50,425,000.00 Cost of Drainage Improvements $ 39,000,000.00
Damage After Improvements @20%$ 10,085,000.00
Total Benefit $ 40,340,000.00
BCR 1.03
Benefit Cost Ratio –Contd.
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Amherst Street
•Low Spot –Water will accumulate roughly 12 inches before it can spill over.
•Increase pipe size did not help the area
•FF elevation is 12 to 18 inches from the Natural Ground
12 inches
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•South side is higherthan North side
•W. College St. slopestowards Ruskin nottowards Bellaire.