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HomeMy WebLinkAbout111714 CC Regular MinThe City of West University Place A Neighborhood City CITY COUNCIL STAFF Nb Pry, Mayor Mickey pres. City Manger Susm Sample, Mayor Pm Tom Also Pmel, pit, Attorney EdHes mort, Coondlmember ThelmaLmz City Secretary Iom TOlmeon, Com itmen t Dick Year, CO lmem ar City Council Regular Meeting and Facilities Master Planning Town Hall Meeting MINUTES City Council of the City of West University Place, Texas, held a Regular Meeting and Town Hall meeting on Monday, November 17, 20K In the Community Building, 6104 Auden, West University Place, Texas beginning at 6:00 p.m. Notice of the regular and Town Hall meeting were duly posted in accordance with the Texas Government Code, Chapter 551. REGULAR MEETING (6:00 p.m. in the Community Buil0ing) Agenda Items were as follows: Call to Order. Mayor Pro Tom Sample called the meeting to order at 6:00 p.m. in the Community Building and Staff In attendance ware: Councilmembem Johnson and Yehle, City Manager Ross, Assistant City Manager/Public Works Director Paper, City Secretary Len, City Attorney Petrov. Police Chief Walker and Communications Manager Leon - Barber. Mayor Fry and Councllmember Heathcuff were absent . 1. Public Comments This is an opportunity for dtixens to speak to Council radalirg to agenda and nonagenda Items. All comments were related to the Facilities Master Plan and were made during the Town Hall meeting Hem on the Agenda. 2. Real Estate Mothers related M the value or transfer of real property and other real estate matters . Recommended Adopt No modem. Discussion of this 0em may be held in dosed executive session in accordance with Section 551.072 in Chapter 551, Open Meetings Ad, of the Texas Government Coda (discussion about the value or oansfer of real property and other real estate matters) and Section 551.071 in Chapter 551 of Me Texas Government Code (consultation with legal counsel to seek or receive legal advice). City Council Budget Wormals Minutes. November 17. 2014 6:00 p.m. Regular Meeting ?own Hall Meeting Mayor Pro Tom Sample and Councilmembers present did not deem it necessary to recess the regular meeting to convene an Ettecutive Session. 1. 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 City Council Minutes of the November 10, 2014, Recommended Action: Approve Minutes. Councilmember Dick Yehle moved to approve the Consent Agenda as presented Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Sample, Johnson, Yehle Nelson: None Absent Fry, Hunnicutt 4. Recess Regular Meeting With no further business, Mayor Pm Term recessed the regular meeting at 6:05 p.m. The meeting was not adjourned in case Council needed to reconvene to discuss business after the Town Hell meeting. TOWN HALL MEETING (6:30 p.m. in Community Building) Call to Order. Mayor Pre Test Sample called the Town Hall Meeting to order at 6:30 ann, in the Community Building and Slag in attendance was Councilmembers Johnson and Yehle, City Manager Ross, Assistant City ManagerlPul Works Director Pej City Secretary Lenz, City Attorney Petrov, Police Chief Walker and Communications Manager Leon - Barter. Mayor Fry and Councilmember Heathmtt were absent. Also present was Paul Bonnette with Pierce Goodwin Alexander & Linville (PGAL). Agenda items were as follows: S. CRY Facilities Long -Range Master Planning Matters related to the City Facilities Lang -Range Master Planning and related future property ownership. Mr. Paul Germane with PGA- presented a PowerPoint presentation of the Facilities Master Plan (presented by Mr. Jett Gerber at the 2:00 pmn Town Hall meeting) and discussed the purpose of facility master planning, which is to: • De0ne long term City objectives. • Plan for Cityf acility development and the delivery of City services. • Enable the City to make informed short term decisions which facilitate long term objectives. Page 2 of 16 City Cauncil Budget Workshop Min Wes, November 17, 2014 6:00 gm. Regular MeatballTown Hall Meeting Mr. Barnette proceeded to review the background as to how some of Me decisions were made since 2006 and what the City will be commanding as it moves forward in its facilities planning. In 2006 -2007, City Council requested and began a review of Cityowned city center properties with PGAL to help plan for staff growth and to look at a long term plan to determine how to manage the Onyx buildings going Into the future. The study determined the existing police department building was inadequate and City Council approved a new police department project attached to City Hall and debt was appropriated in 2007. With the exception of police department, the majority of other City departments were close to their ultimate size. The City has many aging facildes (in the city center) that will require funding of improvements in the future for extending their lifespan. • Ciry Counal expressed interest in moving the Public Works Maintenance Department's facility out of city center. City considered various site options for consolidation of future City buill a I city venter on both Ciryowned and non City -owned sites A joint property appraisal study for the City and West U Baptist Church was completed. Expansion of parking in the planned municipal complex was considered and one residential property adjacent to City Hall was purchased for parking expansion as on of the City Hall expansion project. It was determined! that existing property ownership pattern in the city center did not create limitations on future City facilities planning at that time. After discussing background and findings from the 2006 -2007 study, Mr. Bonnette provided background on the 2014 study and same of those findings. In March of 2014, the City Council recommended] and approved updating the Facilities Master Plan and PGAL was hired to perform the update. Dudng that process, West U Baptist Church notified the City of their plans to build a Youth Center on their property on Amherst. The City asked the Church K they would consider other locations on properties owned by the Church or City, and they agreed to consider it Upon completing its andysis, PGAL presented their findingslrecommendations for City Counal to consider at its meeting of October 13, 2014. Atemate sites were recommended for the Church s Youth Center that would maintain site use flexibility in the city center to facilitate the Guys faire facility decisions. The City has buildings mat will service the City in the long term without major renovation. Some buildings will require short term improvements due to Me age to maintain their functionality_ The Public Works Maintenance buildings are more than 60 years old and have limited useful flreremaining. (7- 10years) The Library is over 60 years old and has limited useful life remaining. (15 years) • The Senior and Community Centers over 70 years old and has limited useful life remaining. (16 years). Page 3 of 15 City Council Budget Workshop Minutes, November 17. 2014 600 p.m. Regular MeaOng ?own Hall Meeting Due to age of existing buildings, the Facilities Master Plan recommendations contemplating Me future utility of these holdings. Options considered included renovation, rebuild In place and relocation. Because of the nature of intermingled existing property ownership in city center between the City, West U Baptist Church and (4) residents, options for property consolidation were considered. Many of the long range options presented recommended the City owning the enure municipal block (the 3800 block of University bounded by College, Academy and Auden) at some paint in the future where the City Hall and Police Department currently rest. Another consideration in the plan was to relocate the Public Works Maintenance facility currently located on the comer of Milton at College to property outside of the city center. Many of the options presented showed potential property exchanges that also included the Llbmry and the SeniodCommunity Center, but Council decided that there would be no action taken on properties involving the Library, Senior Building and Community Center. City Council action from the meeting of October 13, 2014 was discussed. Approved a long -range City owned municipal campus strategy. This let fie Church know, of the City's intent to ultimately own all of the properties within the municipal block and encourage the relocation of their Youth Center to a different site. Authorized the sale, swap or exchange of the Public Works Maintenance Building located on the comer of Milton at College. o Moving this, unattractive facility out of the city center has been a long standing desire expressed by residents as well as a goal of previous City Councils. c The initial estimate for relocating this facility to Dincans (old West U Recycling Canter property) is expected to not exceed $2 million dollars. o The relocation of this City facility could free up Nat site for the Church to move their proposed Youtt Center to Mat comer instead of Amherst. o The Church and City could exchange properties to further both causes. Mr. Bonnette then provided background on the WUBC Youth Center and presented the church's proposetl preferred plan. During Me City's Facilities Master Plan exercise, the West U Baptist Church notified the City of their desire to build a new Youth Center project on land they currently own in team center. Youth Center will be funded by a $3 million anonymous donation to Church. The data they cumendy proposed to go forward AM Me design of their building Is April 2015. It is Me City's current belief that before considering the Public Works Maintenance site, the Church preferred plan was to build the Youth Center on their land on the south side of Amherst Street owned by West U Baptist Church, Mr. Bonnette pointed out the impact of Me church's proposed preferred plan. West U Baptist Church would proceed with construction of Youth Center on current Church- owed properties on Amherst adjacent to the existing City Municipal Complex in the proposed municipal block. No property exchange is necessary for this option. Page 4 of 15 City Council Budget Workshop Minutes. November 17, 2014 8:00 p.m. Regular Meeting own Hall Meeting • The City's Public Works Maintenance buildings are not impaled by this decision. Any decision to reconstruct them would not be tied to Youth Centel site choice. If the Youth Center is constructed on Amherst as planned the location of future City facilities would most likely remain In their current locations at the time those improvements are necessary. Mr. Bonnelte showed a drawing of the chancing proposed alternate plan (to build on part of the Church's Milton parking lot and build new parking on their Amherst property) and discussed the impact of that plan'. The impact of the proposed attempts plan is as follows: The Ciys Public Works Maintenance buildings are not impaled by this decision. Any decision to recensbul them would not be bed to Youth Center site choice. No property exchange Is necessary for this option. The Alternate Plan could still allow a future Ciry municipal black to be created in me future since only a paling lot might be built on Amherst site in the shod term. The Alternate Plan retains the maximum number of fadliy, options for the City to be determined! by a future Council action and /or voter referendum. The City's proposed plan was then shown (swap properties, move Public Worts Maintenance Facility and for Church to build on the corner of College and Milton) and the impact of such plan discussed: The impact of this proposed plan would be: Consider a property exchange with West U Baptist Church for Public Works Maintenance property for 3lots on municipal block. Would relocate Public Works Maintenance facility out of dty center. Would enable future City Councils and residents to dells the makeup of a long ange municipal block. Could retain greenscape, minimize traffic and open possibilities for other lang -term quality of life benefits within the municipal complex. Would retain maximum number of options for the City to be demanded by a future Council action and/or voter referendum. Discussion of the City's second option and Impact of that option was discussed. Consider a property exchange with West U Baptist Church for 3 lots on Amherst on the municipal black for 3 lots on Amherst where the Public Works Administration building is lacated. Would require a long term agreement to allow both enfities b continue to use their existing buildings for up to 20 years. Would enable future City Councils and residents to decide the makeup of a long range municipal block. Could retain greenscape, minimize traffic and open possibilities for other long -term quality of life banana within the municipal complex. Would retain maximum number of aprons for are City to be determined by a future Counll action and/or voter referendum. Page 5 M 15 City Council Budget Workshop Minutes, November 17.2014 6:00 am. Regular Mee0ngROwn Hell Meeang At the end of Mr. Bonnette'a presentation, City Manager Michael Ross spoke to discuss the next steps for Council's consideration: Consider conducting a short citizen survey that would put the land options before the public (no major bending options are being considered by the City at this time other man moving the PW Maintenance Facility to Dinoans); Seek further legal guidance about the options available for the Church's Youth Center with consideration of City land use ordinances as well as State and Federal religious protection laws; Develop a non - binding RFP (Request for Proposag that could be used to submit interest from the Church for exchanging some or all of the target properties, with the understanding that the City has no obligation to proceed, Holding discussions with affected property owners, including me Church, to discuss the implications of a Municipal Campus; and Refine cost estimates of the concepts) for Inclusion the citizen survey. At this time, comments were heard from the public. Vernon Tyger, 2932 Winston, spoke regarding City Proposed Option #2 as he mad the following from the October 13, 2014 Minutes: ' Counalmember Heathcott moved to approve the amended of a Supendock in the area borrMed by University, College, Amherst and Auden and designate # as a Srperblock for bture planned development and also move to approve the relocation of the cement facilities at the prompt corner of Milton and College and that the popery be put for sale " He said Councilmambar Yehle seconded the motion and the motion passed unanimously, with Me exception of Councilmemider Johnson who was absent. Regarding questions Mr, Tyger had regarding City Proposed Option 412, Councitmember Yehle responded that Council is keeping all options open, so the more thing to consider, which is probably part of the confusion, is that other options were being considered just far infaonation so that the Council could make a decision on any, all or none of Me pieces of the property. In discussion with Mr. Tyger Mat the property at the comer of Millon and College has been sold. Counclmember Yehle corrirmed that the property has not been sod, become it is a tore step process at Me very least. Mr. TWor asked if Councilmember Heathcott is a Deacon at the church and the one who moved to approve the motion been the October 13, 2014 Minutes. Counalmember Yards said yes Coundlmember Heathcott is a Deacon at the church and that he recused himself from these proceedings and that there was no conflict at the time he made Me motion. Mr. Tyger said about 43 minutes into the Minutes of the October 27, 2014 City Council meeting, Mayor Fry stated "we are not changing this decision. The Superblock Is done', so Mr. Tyger asked what would the survey be for If the deal Is done. Counalmember Yehle said yes the mayor said It's a done deal and maybe It Is, but Council is looking for input and more education because there have been so many misunderstandings about what was done. He said Council is trying its best to explain to residents the process it went through, how things involved and where we are today. Page .6 of 15 City Council Budget Workshop Minutes, November 17, 2014 0:00 orn, Regular Meeting own Hall Meeting Burt Ballartant, 3123 Amherst, spoke to ask PGAL if he heard correctly that May were working as a consultant for the Baptist Church and the City at the same time. Mr. BonneXe responded that PGAL did not have any input into the long -range construction plans of the Baptist Church. Stan McCandless, 3712 Rice Boulevard, spoke in regards to she Minutes of October 13, 2014 and said as he sees it no motion was passed by three legitimate members of Council and said he rant believe that the people who were in the executive session and who are on Council can't understand what a conflict of interest it is that Councllmember HeaNCpft made the motion. Mr. McCandless said as for process, the only thing Nat can be done now is to stop the protect In its tracks and pass a new motion to rescind that Superblock motion of October 13, 2014 so as to ensure that the city manmerwon't have a free hand to issue an RFP. David Kuykendall, 3912 Milton, spoke to say that he agrees with all the previous statements made. He asked Mr. Barrels to describe PGAL 's scope of work and what was included. He said he lives on Milton Street (3 blocks away from Public Works) and said he has a document dated February 9. 2011, which states More are extreme parking and traffic issues along Nat area and numerous block meetings have been held in figure out what to do about it. He said he knows that the issue is probably outside Me scope of PGAL's work, but residents have to know the impact of the Youth Center. He sad he is dumbfounded as to how Mere can be a recommends don to put a Youth Center there without knowing the Impact of it and without understanding Me nelghbodwoci where it will be located. Mr. Kuykendall asked how can there possibly be a survey conducted given the issue of not knowing the impact of Me Youth Center? Nancy Gilbertson, 3901 Rice, spoke to say there is a lot of blame being thrown around and she thinks it is done to move forward. She told Mr. Bonnette that this is not Wisconsin (the original residence of a PGAL principle) a al that PGAL has to be familiar wish this area. She said she is not sure what PGAL's direction is, but thinks the residents need to see cost justifications. Councilmembar Johnson responded that until Councl puts out the land for sale or swap, it can only "guesstimate" Me costs. Mr. Barnette respontletl to Mr. Kuykendall's question as to PGAL 's scope of work and said a traffic study was not on of me scope of work for the Facilities Master Plan. He said PGAL will have discussions with City Manager Ross and look further into the impact of the Youth Center. He said the current scope of work is to evaluate the Gty facilities, evaluate current City staff (numbers) and the current space utilization that the City Is using right now in order to look into the future In terns of consolidating the needs, Me age and condition of each of the buildings Nat the City owns. City Manager Ross pointed out that when a plan is submitted the City requires certain documents that go along with the design, which includes a traffic impact analysis. He said all Nat occurs when site plans are submitted, which is the normal course of action. Mr. Ross informed! residents Mat Me Gty is working with the church and was told today that the same youth Nat are already attending youth services at the church will the ones attending at Me Youth Center on Wednesdays and Sundays. He said Me church is building Me new Center because they are currently overcrowded where they are. Page 7 a 15 City Council Budget Wardship Minutes November 17, 2014 800 p.m. Regular MeetirgROwn Hall Meeting Eddie Matlbews, 5806 FOmham, spoke to say that he is all in favor of long -term planning, but the more he hears about how Council has handled this matter, the more horded he becomes. He said there has been a complete lack of transparency as far as he is concerned and what he boom tonight is that there are no clear cut plans for use of this Superblock. He said the only urgency seems to be on the part of the church in order to use the $3,000,000 donation, but that's their problem. Mr. Matthews said that Mr. Bonnette has said today that a lot of the Cityrs buildings are adequate at the moment and for at least 15 yeal so the City shouldn't be in a rush and should back off the decision made at the meating of October 27, 2014 and seriously reach out to the residents and present a viable long -term plan, which includes what is planned, the donations, and what the cost will be He said Council should stop MS sale of Me property because it seems that it is being rushed for Me benefit of the church not necessarily forthe West U residents. Coursolmember Johnson responded Mat the City ocean 'I have a layout for the future of what that land will be used for and this Council is acquiring the land now so Mat future Councils and residents can cards what goes there. She said because the City doesn't own it, the City can't control it and could possibly get landlocked. Mr. Matthews saitl in 2006, the same sort of planning was done by that Council and that Council and church tlestlad, for their own reasons, not to proceed with any sod of exchange of property and 8 years later Its a bull msh. He said he agrees the City must acquire property when it's rebuffed, but he doesn't see a spastic purpose for that poperty at the moment. Councilmember Yehle said the City will have all kinds of options, if 4 controls Me land. but if it octal and the church builds on it first, Man Me City is landlocked and will have no options. Susie Harrison, 2620 Pittsburg Street, spoke to ask if she's missing something because it seems that the City is just switching properties with the church and possibly gaining 4,000 square feet more. She said Me City is not getting massively more land, so she Is trying to understand why it's necessary to do, because it's not like Me facilities are miles away from each other and it's ham to get farm one place to Me other. She also sad the City would be defeating the purpose of making things more efficient by shipping Public Works Administration over to Dincxns. Mr. Bonnette said it was PGAL's thought that Public Works Administration would stay sore to City Hall and only Me heavy vehicles (fresh tacks) would move further outside of Me City, Councilmember Vehle reiterated that the site being discussed is currently the facility whereby Me City brings all of its vehicles for maintenance. He said the administration part of Public Works would stay in Me City Center. Ms. Hanson said she is also confused about the zoning issue, because she's hearing that the land that Me church is currently thinking about building on is actually not zoned for Mat type of facility. City Attorney Petrov responded that the property is zoned single - family residential, but State and Poo l laws allow churches to build within single- family residential zoning. He said, hovreveq a church cunt build just anything in a single - family residential area. For instance couldn't build a game center, but R they build a center aeroso al to worship purposes, Men that might be okay. Ms. Harrison said she would like to know why it is considered a done deal and why did Council make a decision like this without putting it before the people first. Page 8 of 15 City Council Budget Workshop Murder November 17, 2014 6'00 p.m. Regular Meetingi Hall Meeting Councilmember Yehle said when PGAL began wonting on the master plan in March, the Church came to City in September and said it had this money and was going to build the Youth Center and that they would start in 2014; so, when Councl looked ahead at what steps would be necessary to do any sort of deal before they began their process, it made a dentinal of the Municipal Campus and st rted the ball rolling on a possible sale or trade "a Public Works maintenance facility. Councilmember Yehle said after more conversations with the church, the church is now saying they will start in April 2015. However, Council did what it felt what it had to do because of the facts in from of it at the time. He said had Council known it had the benefit of time until April 2015 it would have had an entirely different process. Ms. Hempen said it seems that Council could have told the church at trot time that it needed time to get this issue before the residents, because it appears that the church was willing. She said so maybe it isn't a done deal and Council can actually let the residents have input that means something. Fran Brotzen- Smith, 5913 Annapolis, spoke to say that one $300,000,000 deal for homeowners under eminent domain law, hundreds of children's ability to check out books at the beat library, and countless community center programs almost came W a halt with Me result of the Superblock. He said one term - limited mayor (Mr. Bob Fry), one tens- limited outspoken couneilmember (Deacon Ed Heathmtt), and one City Manager determined to continue constructing facilities in a city whose borders have not and will not expand, is what led the City to this He said the issue he has with the Superblock Is not Mat it does what it does, but how Rivers conducted. He said secretly pushing the Superblock through the West University agenda without even having the Deacon of the Baptist church recuse himself is inexmmbW. Mr. Brogan -Smith said he has some bad news for the absent, vacationing mayor. He said those who created the City of West University and wrote the City's Charter had underhanded politicians coming a mile away and they saw them coming, and while Mayor Fry may claim in the papers that "this is a republic, not a democracy' he would like to remind him that everyone operates under a system of checks and balances. He said when the leaders are out of line Y.2, the people' hold the power to correct the wrong -doings. He said under Section 4.07 of the City Charter 'the residents of West University reserve the right to recall elected officials' Mr. Smith said he is calling for the resgr ation of Mayor Bob Fry and Councilmember Ed HeathcoH and if they refuse to resign he is very much prepared to take this to a recall election, bemuse maybe the recall election will remind Councilmembers that they are not immortal, that residents do not live in a monarchy, and that their power was given to them by the voters and that the residents of West University Place stand firmly and overwhelmingly against the Superbll Fal Hashmi, 2916 Rice, spoke to say that he has lived many places around the word and has seen corruption and this is compared. He said the church property that is designated as residential can be convened by the church for a church, but the Youth Center is not going to be a church. He asked the City Attorney to provide some feedback on that and asked how many residential IoW have been converted in West University from residential to commercial or noncommercial. Mr. Hashmi asked If Council has done an analysis of the tax impact for removing those three properties owned by West U Baptist tram the tax roll now and for the next 15 years. He said Council is trying to get residents to believe what May want them to believe and not what is based on facts. Councilmember Yams responded stating that individual co ncilmembers, with the exception of Councilmember Heathcotb have no stake in this. He said Council is following the advice of the City Page 9 of 15 City Coundl Budget Wallet Minutes, November 17, 2014 0:00 p.m. Regular Mea ngTown Hall Meeting Attorney, which is the sound thing to do, who advises that whether it is called a Youth Center or whatever, it is construed under law to be linked to the religious satellites of the church and so they are allowed to have that sort of activity. Mr. Hashmi said so he can convert his properly into a Temple ce a Masque. City Attorney Petrov responded said -yes'. Shayan headboard, 39W Milton, spoke to say that on Wednesdays and Sundays there is currently no parking (on nearby streets) and soon Me impact of the Youth Center will make it astronomically difficult, which is where the biggest Issue is. He said if the church doesn't realize that, the residents are asking Council to help make the church realize it. Bob Kelly, 3720 Plumb, spoke M say that when a mayor says Mat the decision is made and the City is not going back, Mat's what he means. He said when Mayor Fry said that at the meeting of October 27, 2014, he looked at his Councl and asked if anybody had any comments and none of Me councilmembere present said anything, so you can assume by their stands May agreed with him. He said unless that rote on October 27, 2014 is changed, it is a done deal and Me City will move forward on Me Superblock and move forward on signing over that property. He sad Council red Wshey wer M all it ¢ants to, but the pistol Is cocked He said he applauds Council for having a Town Meeting and talking about a survey, but why! He sad there is talk about the cost of $2,000,000 to move the Public Works maintenance facility over to Concede, but don't that the ranch on it. He said the City needs to figure out where it is and have everyone understand where it is. Until this Council changes its mind, he wonders why everyone is here. Tina Clark, 6117 Charlotte, read a quote from the Minutes of November 10, 2014, from Ms. Sample: 'We understand some have voiced (concern) that the City may prohlbd the church then building and prevent their future growth, but Mat's not a viable option for our city. They will have to build according to our City codes, setbacks, parking, height requirements, etc., and while legal opinions may vary, there is no doubt that the City would be selling itself up or significant financial liabilities and public relations exposure were it to engage in legal action against Me church." She said Me City isn't the bad guy here. The church is the one fording the Ciry's hand and if it has to litigate, then so be h, because it is not a negative against the City to safeguard its ordinances antl make sure everyone has W abide by them. Brad Burke, 4024 Case Street, spoke M ask Council if has considered renovating the Public Works operations facility rather Man moving it and save the $2,000,000, or a part of ft, and than sell Me former Recycling Center land to somebody like Goods Company. He sad it seems Mat would be a more cost creative solution, while providing a more efficient location for the maintenance and storage of the garbage trucks. Coundlmember Yehle said Mat option axis not considered He said Council's decision was predicated and explained tonight on giving more flexibility for other municipal operations and that was one piers of it. He said things could certainly be maintained as it is today for another seven were and Men the City could rebuild on that site, which would work, but it does not sagsfy the objective of moving the less attractive side of Public Works out of the City Center nor does it do anything for preserving Me flexibility of what might be done on the Superblock. Page 10 of 15 City council Budget Workshop Minutes, November 9, 2014 6,00 p.m. Regular Meefing4own Hall Meeting Mr. Burke said given the uproar that Council heard tonight and the fad that Me church has published a statement that it is not pushing the City M make a fast deism, why wouldn't d make sense for Council to just pause on this decision for 90 or 180 days like the citizens are asking. Councilmember Johnson said Council has and is listening to the residents, which is why it is having Town Hall meetings and considering a survey. She said the City has taken no action since all of this was brought up, so residents don't say that Council hasn't paused. Mr. Burke said then why doesn't Councl rescind the vote that was made in Goober and make a real pause. He said he down t understand what the harm is. Councilmember Johnson said she doesn't understand what the harm is in not taking any action and doing what the residents asked them to do. Mayor Pro Tam Sample said there would be discussion after mmmeds are heard. Rabert Grossman, 4103 Rusk, spoke to ask the City Attorney if it is true that the City can condemn church property for its own public uses at any time. "Attorney Petrov responded that it is trus. Mr. Grossman said then the City won't necessarily be landlocked at all, because if it finds itself landlocked and needs that property, it can condemn it at that time. Mr. Grossman also asked City Attorney Petrov rf he also serves as the City Attorney for Bellaire, to which he responded "yes". Mr. Grossman asked how was it that Bellaire was able to stop a church from building on a residential street. He said Bellaire brought suit against Nat church and stopped the operation of Nat church. City Attorney Petrov said he never said that the City couldn't stop what the church wants to do in West U. He said it is all very fact dependent and in the Bellaire situation, Bellaire was intending to enforce its zoning codes and ultimately, the Synagogue reached a resolution and ratocated just as me West U Baptist Church could. Mr. Grossman said they reached the resolution in Bellaire because the church didn't want to undergo Me legal effort that would be required to stay in that Iodation. He said he guesses it goes against the notion that has been so strongly put ford by the City Attorney and Councl that the City don't cause the church to move because it violates the zoning provisions of not being a single - family residence. City Attorney Policy, said he has never given that opinion and has consistently stated that it is very fad dependent and these things do not have easy answers when talking about land use with dogged to church properties. He said it is entirely possible that the City can prohibit the planned activity by the church for any property, depending on eractly how the church plan to use that activity and R it is consistent with the City's zoning regulations. Page 11 of 15 City Council Budget WoASlwp prove November t], 2914 8:00 p.m. Regular Meeting ?own Hall Meeting Dorothy Zink, 6527 Reverse, spoke to say there is not enough parking to put that building (the Youth Center) there and so it will not be approved. JaneXe Loren; 2830 Albans, spoke to say there are a lot of churches that have community centers and then they include after school care, summer ramps, and day care. She said traffic in Me area is going to be homfic. David Copy, 4104 Cason, spoke to say Mat on dome of Me PowerPoint presentations presented in October and Me first pad of November, it was noted that the Public Works Administration Building is not a permitted construction type far its use. He said Mat building is only 19 years old and so he is original how the building is being downplayed as being of insufficient quality. Mr. Ross said the building was basically built to residential grace quality instead being of a "hardened" structure. Mr. Gole also said that at the afternoon meeting and this meeting residents have asked for hard umbers and had faits to be able to make some decisions. He said Me PowerPoint presentation indicated that the Community Building is 73 Were old. but doesn't mention anything about the many upgrades over the years. He said so the building is really not 70+ years old. So, N the City is going to eventually provide numbers and esdmatas, he asks that May be thorough and accurate. Planar Volgograd, 2700 Belmont #12, spoke as Chairman of the Senior Services Sped and read a statement on Me Board's behalf. `Having met with Councilman Joan Johnson and Councilman Dick liable on Thursday November 13, 2014 and received a briefing on gems pertaining to Me City's proposed "Sugamblock "concept as Council's preferred option is ensMng the Long Term Plan (30.50 years) ice Gays development, Me Senku Service Boom respecHully submits the hollowing statement: All residents should receive detailed buildings on the items below permitting the remaining of a consensus to be communicated to Council: Justification of the need for a "Supablock "as outlined by Me City's Consultant, • Any land swap with the West University Baptist Church intended to former City's plans for Me "Superblock"prror to any commitments being made by the City, • (assuming Mat the long farm plan and any lard swaps deriving therefiom would require displacement of the Polak Works Department's Opereting depot from as current says on the north east comer of Millon aM College) Cal l & differential operating costs ofrouning such depot to the site of the farmer recycling depot on the southwest comer of Wastpark at Dincans, Including any loss of value to the City mom Mrs displacement The Senior Boded thanks Councilwoman Joan Johnson and Councilman Dick Yehle for the assurances prevlaent on the fdlowirg items: • No long tend plan or land swap will require disposal of the Community Center and Ubrery on Auden year the foreseeable future; • In furtherance of Me "Smserblock" concept (J agreed by residents) there will by no exercise of "EmMent Domain"by the City in Me acquisition of any residential prop Mies; Paga 12 of m City Council Budget arsena p Minutes, Novemberll, ID16 600 am Regular MeetinglTOVm Hall Meeting Any land swap (6 spread by residents) will provNe for the preserving of the Public Works Department's office on the north aide ofAmherst for the foreseeable future " David Dutch, 3901 Rice, spoke to any he has been very concise with Council on his opposition about the lack of communication and the lack of transparency. He said he recently mat individually with Mike (City Manager Michael Ross), Susan (Mayor Pro Tam), Dick (Councilmember yehle), and Joan (Councilmember Johnson) and said all of them were available to him and very forthcoming. which he appreciates. He said when he first heard about this protect his goal through the process was to protect his neighbors, especially the elderly ones, adamantly oppose the purchase or swap of the Library and Community Building, and get some communnot onldialogue farm the City about this issue. He said the Community Building and Library are now off the table and Council is talking to the residents, so two of his goals have been achieved. Mr. Dutch said the problem is fire church is a non - profit entity with a boatload of property in the neighborhood and this thing would have come to a head eventually, an the Questions now am how eaa Citizens, collectively with Council best utilize this property and protect the area from a super campus of the Baptist church and how can residents get control of the land, tyke care of the citizens, control the treble and make this work far the City going forward. Sherry Noble@, 608 Mulberry Lane, Bellaire, Texas ]]401, spoke to say that Bellaire tried to fight the church that is now in a residential area right next door to her. She said she and about 10 of her neighbors on the block hired a lawyea specifically for real estate, went to City Council, went to People individually, and went to other neighborhood churches to no avail. She said there is not much that can be done about churches and church expansions as they found out. She said they did everything from counting pews, seats per pew, parking spots, etc., and had facts and figures. but d did not help. She suggested not fighting the church expansion, but instead to work with City Council, who are neighbors and resitlents, and come together to try to do what is best for the City. Louise Bergeron, 6333 Mercer Stmeb spoke to say that she and her family moved here because hey liked that it was a small town and liked the way it felt. She said she remembers going ro church when she was a little girl and that she never really raved for it when a church wanted to improve and become bigger. She said she sort of lost her faith and thinks that me big picture is about the head. She said bigger isn't always better. Mark Knysh, 4018 Marquette spoke to ask Council what is the next step after taking all the comments into consideration. Mayor Pm Tam Sample said Me Council will discuss possible next steps after hearing all the comments. Tim Mclnturf, 3816 Byron, spoke to tank Coal for its hard work He said he lives five blocks from the area and knows what the traffic is like. He said he's been watching this develop and it seems that this has been brewing for a long time. He saitl the church will be there for a long time and the City's buildings will be here for a long time and so everyone will have to figure out a way to live peacefully together. He said he doesn't think anyone wants a town that doesn't have churches. He said no one wants a baseball field or a school in the middle of town, either and if you have driven during the school hours, the mine is awful but no one Is suggesting closing down Me school. So everyone has to find away to peacefully coexist. Page 13 M 15 Ctly Council Budgm Workshop Minutes, Noeember 17, 2014 8:00 p.m. Regular MeetingROwn Hall Meeting Mr. Mclnturf said to City Attorney Petrov, as a lawyer who has represented churches, he can say that no one wants to be in litigation with a church. It an awful place to be because half the jurors are going to side with the church for no reason other Man it's a church and the other half will side against the church because it's a church. David Dutch, 3901 Rica, spoke again to say that he also doesn't want to litigate with the chuch, but he has no fear of A. Robert Wells, 3804 Colander, was not able to stay for me meeting and asked that this statement be read for the recoN. Communications Manager Monte Leon -Barber mad the following: (1) Why does a 2 square -foot (mile) city with a population that would only half fill many a football stadium need a whole block for a `municipal campus" and (2) Now that the Community Center and Library e off the table, which might have anchored the municipal campus, what possible justification can there be for pursuing that project? There were no more Public Comments. Mayor Pro Tom Sample resumed the regular meeting. Mayor Pre Tom Sample thanked everyone for their comments and said she would like to discuss some of the next steps for consideration tonight. She suggested presidents momilying the language from Me Cell 13, 2014 meeting where Council voted to sell the Public Works maintenance (artily. She said the thought at mat time A was to allow for possible exchange and sale, if feasible, but the Minutes reflect the actual sale of fie property. Mayor Pro Tem Semple said she would recommend the City vote on any specific action with that property other man perhaps staff planning for possible relocation because costs estimates must first be defined, Councilmember Ye le said he can supped something along the lines of the recommendation and can extend tt a little bit and offered to make a motion. Couneilmember Yehle moved mat Council do three things: (1) Suspend any external solicitation of interest for the property; (2) Instruct the City Manager to move ahead with the preparation of a proposal to do a cif n survey; and (3) Ask me City Manager to came up with a proposal for a fuller legal opinion on the issue. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Sample, Johnson, Yehle Noes: None Absent: Fry, Heathmtt Councilmember Johnson said Council did hear the residents and R it had this to do over again. Council would have had these meetings prior to me decisions mat were made. She said she believes in listening to the citizens, but she really tl0es believe in having that block so that me City doesn't get landlocked and so that future city councils can make decisions. Page 14 of 15 City Council Budget Works i Minutes, November 17, 2614 6:00 p.m. Regular MeetingIrown Hall Meeting Mayor Pro Tom Sample thanked everyone again for being at the meeting because they and what they said are important to her. She also said a survey that is direct, W the point and self - explanatory is needed and Council will move forward with it. 6. Adjourn Town Hall Meaning At 8:05 p.m., Councilmember Vella moved to adjourn the Town Hall meeting. Councilmeni Johnson seconded the motion. MOTION PASSED. Ayes: Sample, Johnson, yehle Noes: None Absent: Fry, Heathcotl rwgy� Pre or tl y: > c �' ii elma A. Lenz, City Secretary Date Ap ro as Page 15 of 15