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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. City Council Meeting Minutes, July 27, 2020 2 of 8 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. City Council Meeting Minutes, July 27, 2020 3 of 8 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. City Council Meeting Minutes, July 27, 2020 4 of 8 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 City Council Meeting Minutes, July 27, 2020 5 of 8 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 City Council Meeting Minutes, July 27, 2020 6 of 8 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. City Council Meeting Minutes, July 27, 2020 7 of 8 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. City Council Meeting Minutes, July 27, 2020 8 of 8 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 11 •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 13 Design Criteria 14 Drainage Design Criteria –2 -year •Hydraulic Grade Line (HGL) at or below the gutter StormSewer 15 Drainage Design Criteria –100 -year •Water at or below right-of-way (ROW) StormSewer Sidewalk ROWROW 16 •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. 18 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 19 •South side is higherthan North side •W. College St. slopestowards Ruskin nottowards Bellaire.