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HomeMy WebLinkAbout120814 CC MinThe City of West University Place A Neighborhood City (rIY COT➢VW. STAFF Bob FIX Mayor bTchael Boaz City Meager Sun Sample, Mayor Pm Tom Alan Petrov, City Atmmey EdHmtbrar Coumunembw Thelma lrnz, City SecMary Tom lolm m, Cimiailmembn ark Yore. couneilmemb CITY COUNCIL MEETING MINUTES The City Councl of the City of West University Place, Taxes, met in a special and regular meaning on Monday, December e, 2014, in the Municipal Building. 3000 University, West University Place, Texas beginning at 5:00 p.m. SPECIAL MEETING (held in the Conference Room at 5:00 p.m.) Agenda Items were as follows: Call to Order. Mayor Fry called Me meeting to older at 5:00 P.M. in the Conference Room. Council and Staff in attendance were: Mayor Pro Tem Sample, Councilmembets Heathco0, Johnson and Yehle, Gay Manager Ross, City Secretary Lenz, Police Chief Walker and City Attorney Petrov. 1. Convene take Closed Executive Session At 5:00 p.m., Mayor Fry recessed the workshop and convened into Executive Session to deliberate concerning the evaluation of the City Manager per Section 551 074 in Chapter 551, Open Meetings Act, of the Texas Government Code. City Secretary Lenz. Police Chief Walker and City Attorney Petrov left the room. 2. Reconvene Special Meeting Matters related to action, if any, relative to discussions held in Executive Sessions regalding the City Attorney and City Manager's evaluations. At 5:38 p.m., Mayor Fry closed the Executive Session and reconvened the Special Meeting. The following action was taken: Coundimember Yehie moved to approve the following changes to the employment crooked, salary, and other items relating to City Manager Ross avaluation: • Mr. Ross may accrue a minimum of four weeks of vacation time (or the amount mirroring other employees for same amount of service time): • A cause shall be added that clarifies that me car allowance, with the exception of parking, will cover all vehicle costs, including without limit items such as fuel, maintenance and insurance; The severance payment shall be changed to be 12 months; • The resignation or notice period for retirement or resignation be 90 days instead of 30 days; City Council Minutes. December 6. 2014 Article XVI, regarding appropriations that explain how the funding shall be provided for other payments shall be modified as suggested in the daft; The effective date will be the date above first written upon adoption and approval by Cour ul and execution delivery of the contact; and A pay increase of 5% and paid two weeks Of accumulated vacation. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Headroott, Vehle Noes: None Absent: None 3. City Facilities Master Planning Matters related to the City's Facilities Master Planning including but not limited to the following: A Consider pmposal to perform city -wide survey regarding proposed long -range master plan. B. Consider proposal on obtaining legal opinion from aXOrney specializing in the Federal and State protection of religious institutions in cities. C. Consider ativertising a non - binding request for proposal (HFP) regarding city real estate in the 3800 blocks of Amherst and Milton. Mayor Fry said he wanted to have an open meeting to discuss how the City arrived where it is on the Municipal Campus idea and said the following four questions need to bra answered: (1) Was the decision made the best decision for Me most people in the City? (2) Was it the best possible decision for the residents on that block? (3) Was it a good or neutral decision for the churoh? (4) Has any councilmember heard anything that would make any of them change from the initial idea? Mayor Fry said the Municipal Campus idea was initiated during an anniversary celebration at the library. He said he had a conversation with the County 's head librarian at that time and discussed the condition of the Citys library and the rapid changes in library science that have occurred over the years. He said the two of them pretty much agreed that the City's library is fishing obsolete fast if it isn't already. Mayor Fry said that meeting prompted him to think about Me long range planning and there never was an idea Mat the City would get rid of the library, but rather recognition Mat the "need to have something that tells future Councils that this is one issue staring them in the face. He said it might be 6 was or 15 years down the road, but eventually the City will have to consider replacing the library, as well as Me Senior Center and the Maintenance Facility, all of which are between 50 and 70 years old. He said the City can keep pouring money into them, but there comes a time when more money goes in Men Me benefit of what comes out. Mayor Fry said the previous Council (when he was Mayor Pro Tom) discussed building a new police station. He said the long range planning consultant stated at that done that it would be wise to evaluate having all the City facilities near City Hall for Me most effective means of deferring customer service and managing the City. He said that Council was so concerned about doing something fast and cheap, that they lost sight of the long term issues. He said had that Council IS AM CAW Council Minutes. cecember b, zeta listened to the consultant then and detailed what all was coming down the need this Council would have had time to do certain things and be prepared for them. Regarding the West U Baptist Church (WUBC[, Mayor Fry said that early this fall WUBC representatives called and said they were going to build a Youth Center on the property next to Clty Hall and said they had money dedicatetl to it, but would have to start building in 90 days. He said the Youth Center is not something City Council wanted on that block, because it knew it would preclude anything else the City would want to do in the future; an it was discussed seeing 'd the church woultl be interested in building someplace else and maybe swapping some land. Accordingly. Mayor Fry said Central instructed the City Manager to do a long -range plan and see it the WUBC was interested in discussions. Mayor Fry saitl this Council was elected on not raising taxes and has been adamant about that, so in discussions to move the maintenance facility from the City Center, the idea of land swapping was discussed in order to not have to miss taxes and in addition, the WUBC would pay additional funds to build a maintenance facility outside the City. He saitl that was the extant of all internal discussions Mayor Fry said with regard W the homeowners on the block that will be affected, If they would recall the WUBC was going to build a parking IN behind one of those houses and there was nothing the City could nothing about it because it was within what the WUBC could do. He said the WUBC backed off, but before they did he always knew the City could not help those people in that regard. Mayor Fry said this [the Municipal Campul is the best possible deal for the people on the block. He said it guarantees them that they can stay there as long as they want and it guarantees them a fair price for their properties If they want to sell it. He said if the City doesn't do anything, the only em y that can reasonably buy that property is the WUBC because no one else is going to want it. He said if the City takes it aver, the City has to pay them a fair market value. He said everything will have to be public so the homeowner would know what's going on every step of the way. On the other hand, he said the WUBC as a private property owner can do what it wants when it wants as long as it meets the ordinance requirements. Mayor Fry said Council made the best decision it could possibly make for those property owners. Mayor Fry said he is looking after the City not the church, but he thinks that the location where the City's maintenance facility is located is the best site for the Youth Canter. He said it is neutral option for the WUBC. Mayor Fry said that is basically where the City is rightnowand how it getters. He said given each of the parameters, he believes that it is the best thing the City could have possibly done at the time. He said City Councils are supposed to ad when they we things happening that might be detrimental to citizens. He said this Council could have vary easily done nothing and said nothing and let the Youth Center be built, but it ditln't do that. He said Council is trying to do what was best for most people in the City. Mayor Fry asked Council whether any of Nero haste anything In the cammunity that would modify the fact Nat Council did not make the best decisions for most people in the City. NOTE: After Mayor Fry made his statemerd, and before discussions ensued Councilmember Heathi recused himself from the meeting. 3 of 15 City Council Minutes, December 8, 2014 Mayor Fry stated that he wants the Youth Center to be built, because this Council made one of its goats M try to do something for Tweens and here is a Not Party coming in with the money to do something for Nem. He also said he firmly believes Nat any City is better for its 'houses of warship'. Councilmember Johnson said Council's Johnson to swap land with the church and get the City's land together is a vary good idea, particularly if it costs the City little or nothing. She said the Youth Center seems to make more sense over on Milton and she would certainly hate for it to be in somebody's back yaN because she doesn't think it should be. She said if the church maintains that land, that is what would happen and she wouldn't want a Youth Center or a palling lot In her backyard. Councilmember Johnson said the City has no plans to move anything or build anything [on the Municipal Campus]. She said this Council just wants to awn the land so that future Council's can make decisions at the appropriate time to build or do Whatever. She saitl she thinks it is really important that the City, for the good of Me City, have control of that land. Councilmember Yehle cleated that the land in question is Me land on the 3800 block of UnivenutdAmherst currently owned by WUBC, which is basically two large parcels that roughly match two large parcels owned by the Cry on Milton and Amherst. He said in order to bring the Municipal Campus to fruition the City needs to make deals Nat would exchange both parcels, which brings about the issue of the Public Works Administration Building. He said pad of the deal, in other be keep it cash neural to Me City, would be some form of an extended use permit so that the City can continue to use the facility in the near fens without cosh Mayor Fry said that was the idea if the City was going to do anything with the land that Me Library and Senior Center sit on. He said Me City wasn't planning to give the properties away, but rather get a commerolal the it for the land and the City would have a long -term lease to leave its facilities intact our it came time to do something with them. Mayor Fry said the ant re idea behind doing this is to leave options for future councils. He said it may be 30 years, but the option will be there. He said also, if the City says it wants this property and the chumh decides to sell it, it would have to sell it to the City. Mayor Pro Tom Sample said she was looking at the maximum flexibility for Me City in the future. She said if the City owns the property, it has the flexibility to build a municipal campus or, at the time a future council thinks Is right, the property can be put back on the tax roll and made residental. She said R a Youth Center is there, More are no options. Mayor Fry said having been on Council during the cnnstiuction of the Police Statlon, the Recreation Center and Colonial Pool, he said each time the City has needed more room. He said it is Me nature of expanding government, so K is good W have Me property for expansion if it is needed in the future. Mayor Fry said he wants people to know that at this point Council can't milk substantively with the church about anything the City may want to do regarding these pmpadles, so d is necessary to advertise for a Request for Proposal (RFP). He said by State law the qty has to advertise What it wants to do before We done, and Council has to vote on that tonight. He said a RFP doesn't mean anything other than asking for bids on Me property, something that would give the City a basis to talk to them. 4 of 15 City council Minutes, December 8, 2014 Mayor Pro Tam Sample said she wants to clarify why Council action tonight is appropriate. Mayor Fry said action tonight will keep the City form being under the gun regarding deadlines Councilmember Ye ide said it is a two or three step process: Advertising, communicating, and then action should the City decides to take any action on the properties. City Attorney Petrov said many people mistakenly view the RFP advertisement as a process involving a "done dei which is not the case at all. He said issuing a RFP is similar to one choosing to list his home for sale. He said it is like testing the market to get interest and offers, but not accepting any of them if you don't want to do so. Mayor Fry said action tonight also buys time to hear from the public. Counalmember Yards said one thing that has made the public input side of this so difficult is Me isunderstarMing fostered by poor comments. He said one by one some of those issues have fallen off, but acceptance of the import of the Religious Freadom Act (RFA) continues to be a problem. He said Council's understanding is that the RFA means that the church can build following the Citys zoning codes on land it awns, which means it can build a residential sized building on a residential lot with residential setbacks, etc. He said as long as WUBC conforms M the Ci ya zoning, it is entitled to build the Youth Canter. This is a concept residents need to accept and maw on from there. Mayor Pro Tend Sample said she feels that an expert legal opinion for this issue would help guide Council forward to be sure that What the City is saying is di Councilmember Yehle said he agrees with Mayor Pre Tam Sample, proNtled Mat the legal opinion doesn't cost 0$1,000,001 He said wady on urban Council discussed getting further legal support a number of $25,000 was thrown out and he thinks Mat Is exorbitant . He said he could tolerate something much lower than that, because he believes Council has received good counsel thus far. He said he is comfortable will what Council has been told and said it makes sense and seems to fit the current circumstances. He said if an inexpensive additional opinion is possible, he can support Mat. Councilmember Johnson said to support what City Attorney Petrov has done and have another opinion rf needed. Mayor Fry said Me CM, isn't there, yet. He said Me City is not at a point where the City could legally tell the church they couldn't build there. Mayor Pro Sample said she believes Me expert legal opinion would ensure Mat the City is taking the right approach and would be Me foundation for a valid survey. She said rf a surrey is sent out, which she wants done, she wants it to be simple and make sense In order to receive responses Mat are valid. Councilmember Yehle said he isn t sure he Is on board with a survey. Mayor Fry said he is not on board win seeking further legal counsel. He said Council knows the lawyer and his rates and ran go to him if necessary, but to pay money up front, he isn't for it at Mis time 5 of 15 City Council Minutes, Decembera.2014 City Manager Ross said Council could engage the legal counsel to have on retainer, which costs nothing, and then such counsel will be available whenever needed. Ctty Attorney Petrov said it would be helpful to have someone engaged to call on as needed without having lo pull together an agenda and City Council meeting for approval. He also said Council could tailor some specific questions to get a response without the Ctty having to spend $25,000. Councilmember Johnson asked where the City is on a survey. City Manager Ross responded that the City has a proposal from Dr. Murray to assist in performing a city -wide survey to every home in the City. He said he would also suggest using a. public relations consultant, plus our communications manager, to make sure it is objective, radial, whose and as clear as possible. Coundlmember Yehle said a Parks survey was recently conducted and the City was told by the survey people that the questions posed would get the best results, but a bunch of "garbage' resulted from the responses. He saitl the surveyors will tell you that you will get results, but it doesn't always turn out that way, especially when there is a tough, factEnven or circumstance- driven issue. Mayor Pro Tern Sample said a survey for the Youth Center can be simple. For instance, do you want it here or do you want it there? Councilmember Yenta said Council already derided that the concept for a Municipal Campus is a good idea so he doesn't see how a survey will introduce something new that will indicate that it is not a good idea. Councilmember Yahle said he is willing to go down the road to find out how the survey will go and how Dr. Murray plans to get the facts in front of the people, but right now he just doesn't see how the City will gel useable, unbiased information men a survey. In response to Councilmember Johnson's inquiry as to what is being asked of Council tonight, City Manager Ross cr ed that in the regular meeting, staff is recommending that Council: Consider the survey; Consider Legal assistance; and Consider optimal the request for proposal Mayor Fry announced to the public at tonight's meeting that he would be in the conference room after the City Council meeting to discuss Mass issues oneonone or in a group selling. He then look questions from the audience. Resident Chuck Suffey spoke to ask why the City is doing a Request far Proposal (RFP) when only one bidder will be bull Mayor Fry responded that it is state law and has to be done. City Afformly Petrov confirmed the Mayor's statement and said in order lo do anything with the property state law woultl require a RFP and bid process even If there is only one potential bidder. Resident Stan McCandless spoke to ask Council if A is of the opinion Nat the Youth Center would be open to non - community and non -pad icipants of the Baptist Church. 6 of 15 City Council Minutes, December 8, 2014 Councilmember Ye de respontletl that the programs being proposed for the new Youth Center are the same as they currently have and they are open to anyone who wants to attend. Resident Hatherine Sweeney spoke to ask if the Library and Senior Canter were no longer being considered as part of this issue. Mayor Fry said they were never considered as something ham and fast, but rather as options that a future City Council could consider if it wanted to. Residerd Brennan Reilly spoke to any that it seems to him that there are a lot of decisions here, each of which is fairly complicated He said he doesn't know much about the age of the facility or whether some of those functions might be oumurced by a future Council, and was wondering if there is a real need to build a new facility. He said there seems to be a lot of questions just about the decision to sell the Public Works building and Nat he doesn't think the "nuts and bolts" about what's involved has been discussed or presented! publicly. Mr. Reilly also asked g Council does deade that it wants to build a new Public Works facility is Dincans the best IocaGon or is there other, more industrial type land that can be purchased for a more appropriate location and cost. He said he doesn't ultimately see Dincans and Wespark as industrial type locations 10 or 20 years from now and said those properties will probably be more valuable than the land in West U. Mr. Reilly said there should also be discussions with the church to convince them not to build parking lets nert to people's houses 0 they want to be good neighbors. Mayor Fry said Council doesn't know at this point if the church will even talk to the City until an RFP is done. He saitl the City is at the policy level at this point and suggested that Mr. Reilly contact City Manager Ross to get more of the 'nuts and bolts" of things. Resident David Dutch spoke to key that it is his opinion Mat H the public had not gotten active in this process man it did, the properties where the Library and Senior Center are would have been a part of the RFP, which soared him and got him activated He said he has never been opposed to a land swap, but his house is looking over this Youth Center that Council staled publicly tonight that it wants built. He said he has asked numerous times publicly for somebody to tell him what rte usage is and about the tragic that will result from the Youth Center. He said Council has tlone such a poor job of communicating that, which is why things have gotten to this point. Mr. Dutch said he wants things done correctly and wants openness and asked Council to come clean and talk to the public about the costs and potential traffic issues. Mr. Dutch said he is a big fan of W UBC and has nothing but good things to say about them. He said he Is not even opposed to a Youth Center being built. He said all he is asking for communimmn. Councilmember Johnson said Council heard that before and it listened and held Town Meetings for feedback. She said now the Cry is moving forward due to time constraint;. She said in the meantime, if he or anyone has questions they should mnlaa the City Manager. Resident Eddie Matthews spoke to say that he is a bit confused because he thought at the end of a recent meeting Council had approved the RFP, approved getting a legal opinion and approved conducting a survey. He said he is a little confused bersuse he thought that was a done deal when 7 o 15 Cry Council Minutes, December 8. 2015 approved by Council. Mr. Matthews also said he would really like to know what adivhies and events will likely be held at the Youth Center because he recently found out that it would be a ],000 -Square -foot venue and he would like to know who would be coming into the neighborhood. 4. Ad ourn With no further comments, Coundlmember Johnson moved to adjourn the workshop /speaal meeting. Mayor Pm Tam Sample seconded the motion. MOTION PASSED. Ayes: Fry , Sample, Johnson, Yehle Noes: None Absent: Heatmtt REGULAR MEETING (8:30 p.m. in the Council Chambers( Agenda items are as follows: Call to Order. Mayor Fry called the meeting t coffer at 695 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tam Sample, Councilmembers Johnson and YeMe, CRY Manager Ross, Assistant City Manager /Public Works Director Pat City Secretary Lenz, City Agomey Petrov, IT Director McFarland, and Police Chief Walker. Boy Scout Jack Curtain, Tmop 55, led the Pledge of Allegiance. Secretary Lenz confirmed that the Notice of the workshop and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. S. Public Comments This was an opportunity for citizens to speak to Council relating to agenda and non - agenda items Alida Di news, 6112 Fordham, spoke regarding to safety of seniors. She said some serious issues have happened lately, including a bus filling wit clouds of black smoke during the last senior ad. She said on another me, there was a senior that fell on the bus driver while traveling at a high speed down the highway. Councilmember Yehle confirmed with Ms. Dews that it was not a City bus she was refening to, but rather a County bus. Ms. Draws also spoke about not having a park within walking distance to 6100 Fordham and said she would like for a park in that area to be on to tat so that at some point she would have a park to visit. She said to City needs to focus more on the people that do not have a park near them. David Agerton, 2825 Albans Road, spoke regarding to Super Block. He said the "Stop Super Beck" signs around the City remind him that residents do care about the city and want to participate in to revision process. He said the Super Block idea reminds him of to plans to expand Colonial Park when he was on the Parks Board 20 years ago. He said back then the original homes stood on the east end of that block and he said members of the Parks Board met with each of those homeowners to share the hope that when they wanted to sell their property, the City could purchase it for a park. He said a comprehensive plan was drafted for to ranks, but it took many years and the efforts of many people for the City to acquire all of the private property at Colonial to fully implement to plan. Mr. Agedon said as far as he knows, the home sale values were fair and independent of the park expansion. He said given what Is at Colonial today, he applauds the foresight, patience and care tat city officials exerased 20 years ago. Mr. Agerton said now city 8 of 15 Cry council Minutes, December 9, 2014 officials are considering rearrangement of properties around city hail involving trading properties and relocating maintenance facilities something that at first glance make sense to him and he supports pursuing the idea, but he also wants to understand the benefits. He said Council got a step ahead at residents when it needed to quickly respond to the church plans, bud the problem has now been fixed and so it's time to move forward more carefully. Mr. Ageron said from what he has read, the main benefits of what is being considered are flexibility and long tens options to centralize the dry offices, improve obsolete buildings and fadlilies, Improve programs antl services fo the community, relocate truck traffic and operations away from the City Center, and to control the appearance of the City Center, especially along University Boulevard. He said if the benefits are different from his understanding he would like to be advised of the differences. Brennan Reilly, 3731 Rice Boulevard, spoke about the Super Block and said that he is very disappointed to hear in the workshop tonight that the issue for Nose present is only about the Library and the Community Cenfer. He said he doesn't feel Nat is night, because there are a large number of residents who are very commmed about the wisdom of spending significant resources on relocating Public Works facilities. He said he thinks there are a lot of residents who are concerned about the long -term effects of opening up church development on Milton and potentially the moth side of the 3800 block of Rice Boulevard Mr. Reilly said there are a number of issues associated with the proposed transactions Nat haven't been explored or debated publicly. He said he was very enthusiastic with What Council did at its last meeting, which he took as slowing down and stepping back, and he encourages Council not to change that [one by sending out an RFP despite the fact that Council states that it doesn't have to accept it before getting citizen feetlbeck through a survey, which he supports. He said if a survey is conducted Council should have interested residents a part of the design process to make sure Nat it Is objective in order for Me results to have credibility. He said there is going to be an election in May and he thought that Council would collect information and allow the election to be a referendum on Me decision. He said fi is a complicated issue but an election would resolve that and give residents a chance to have a time democracy on the issue. David Dutch, 3901 Rice Boulevard, spoke to thank Council and Me City Manager for talking with him regaling these issues. In response to what Mr. Agerton spoke about. Mr. Dutch said that this is different from Colonial Park In that this came up very suddenly. He said, however, he has never been opposed to the plan, just opposed to Me process. He asked Council to continue to work with the residents as the Youth Center develops and keep residents informed of the proposed usage and potential traffic. Chuck Marshall, 4241 Riley Street, spoke to ask Council if there was a tentative timetable for the publication and circulation of the survey. He said before the survey is distributed there should be another Town Hail meeting to explain the details, because if the survey goes out and people don't understand it, they will vote 'no ". Mr. Marshall also asked if the RFP could Its constructed in such a way that anybody but the church would be interested in bidding on it. Katharine Sweeney (and Ida Sweeney), 3822 University Boulevard spoke to say that in Me Workshop tonight, Mayor Fry said Mat this is the best decision for the residents, the church, and the City, etc., and she is trying to figure out how this plan is best for Me residents. She said unless it can be disputed, it seems that their property has been devalued since May live right across the fence and is the first house of the Super Block. She said she can't understand how this is the best decision for the resitlents. She said according to Councl, she and her sister can live them as long as May live, but what is the fair market value going to be determined on and who would bid on their primary? She said this is very myopic, but they (she and her sister) are very, concerned about themselves at this point in their lives and as far as she Is concerned, devaluing their property is cwt proper. 90415 CM Council Minutes, December$ 2014 Ms. Sweeney said she also doesn't understand what is expected of them at this point. She said they have been asked to enter into a contact with the City and was wondering why they should do that now and what the basis is for it. She said somebody needs to explain to them, individually, what is expecletl of them, because she Meant see why an agreement is expected as soon as possible and she doesn't see how it can be done until some of the questions raised about scrapping properties, etc., have been resolved. She said she doesn't think it is beat for them. Mayor Pry said that he, the City Manager And Councilmember Johnson will meet with her and her sister and take all the time needed to explain all May want to know. David Kuykandall, 3912 Million Street, spoke reganding the Super Block issue and said that he has been to all the presentations and reviewetl all the slides and form the very beginning his question was how much it would cast and what would the quality of life be He said what Council has given the residents is a concept, but before further exploration of the concept can be done, one has to know how much it's going to mail what's the quality of Igo, Mat's the traffic going to be like, etc. He said the mayor said initially that the City is not there yet, but Men he said to ask Mr. Ross, so he is confused as to exactly where the City is in terms of He transition from concept to 'nuts and bolts ". He said so as communications go formed, he would like to hear more about the "nuts and bolts ". Mr. Kuyken call said what distinguishes this project from Colonial Park is that it is not just the City Ming discussed, but Me Church is being discussed, as well. He said opportunities for the City also become new opportunities for the church and given that they have some flexibility in terms of zoning that other entities don't have, there Is real concern about what the church is going to do with those opportunities that are created through any potential land swaps. Mayor Fry responded that the City is still at the concept phase, but any information about the "nuts and bolls" in place can be o mined from City Manager Ross. He sad it may not be the whole picture, because the whole picture isn't Mere yet. Ed Nikormwica, 3922 Rice spoke about the Super Block and said that it a survey does go forward he hopes Mat the language is more specific. He also said it isn't clear that there has been a full vetting of Me legality of the church building the Youth Center on that property between University and Amherst Sheets. He said it seems that it has been presented as a given Mat they have the right to do that, but it is not dear to him Mat that is necessanly We. Mr. Nikonowicz also saitl that the idea is that this concept is to not bind the hands of future Councils by providing them more opportunities, but it seems that if He Public Works facility is moved to Me Dinars site, future Councils will be bound from doing anything with Mat property and Me up and coming values of that property may far exceed anything that is gained by moving Me Public Works Maintenance Facility from the current Milton Street site. Vernon Tyger, 2932 Wro don, spoke regarding the Super Block and said Coundlmember Johnson stated Mat it might not cost much to swap the lands, but you have to remember that most of the properties that will be swapped have buildings on them so the costs of the relocation, demolition and reconstruction of the buildings moue need to be considered. He sad it appears the swaps would cast millions for relocation of the facilities, but the benefits are not real clear. Mr. Tyger sad input is not needed on the color of the carpet seals, or couches, but more input is needed from the Community on sgnlfleant changes to the City's properties and rese urces, so Council may consider reaching out more to the public via Town Hall meetings or a survey to try and get more community input. 1 o of 15 City Council Minutes, December 8, 2014 Mayor Fry sad Councilmembers attend conferences to find out what other cities are doing and what they are winning awards for and West U citizens down the road will demand that the City has good facilities. He said it is not a question that the Library building is archaic, irs a question that library science has advanced so far and so fast that if it isn't obsolete now, It will be obsolete very soon. He said to sit here today to try and determine what the City is going to need down the road Is something he is not prepared to do but he is prepared to leave as many options open as possible for future Councils to make those kinds of decamps. Frank J. Vargas, 3901 University asked that the following be read for the record (ACM/Public Works Director read the letter into the record on behalf of Mr. Vargas) "I am Concerned about the warding on pamgreph 3.B of the agenda: "Consider proposal on obtaining a legal opinion horn attorney specializing in the Federal and Shale protection of religious inslitutions in cities,' The existing situation the citizens of West University Place face is not one where Council should be Concerned about the "protection of religious institutions ". The current situation is one where Council should be concemed about protecting the citizens of West University against the ever expanding facilities of the churches within our city and fie conversion of residential lots to Commential or institutional or religious uses, the latter of which does not Contribute to the tax base of our City and increases the tax burden or the rest of the residents. In addition to Converting residential lots into institutional or religious use, the current proposals by West University Baptist Church and the revised location proposed by City Council includes another Oversized building that dwarfs surrounding homes and will on the basis of its use increase traffic to an already corgested area of the city directly across from a park used throughout the day by families with small Children. I urge you to husband our city attorneys to investigate and research ways that this expansion can be stopped. It is not suRirnent for them to read the law back to us and tell us what is legal or not; anybody can do that. What is needed is a legal munsdor that can think creatively and reasonably to protect the lnteres5 of its clients. If that had not happened in the past, our laws would be the same as they were a hundred or two hundred years ago. Laws have changed over time because the cimimum ors have changed. It is time now given the current circumstances of our City which cannot grow and is confined to its existing boundaries, to explore ways to curtail the ever increasing encroachment of religious institutions into our residential areas. Because of the cinna stances explained above, and because of Councilman Ed Haathmtt leadership position within West University Baptist Church, it is not suffdent for him to refuse himself from any voting on related matters. It is imperative for Mr. Haathmtt not to be present and /or participate in any Executive Closed Session where these matters are discussed. His presence in such sessions would immediately make a leader of West University Place Baptist Church pnvy to information not available to the citizens of West University. Such Circumstance would represent a serious Conflict of interest and might impact the legality of actions taken by Council on the basis of matters discussed at such meetirrili 6. City Facilities Master Planning Matters related to the City's Faalifies Master Planning including but not limited to the following: 11 of 15 City Council Minutes, December a, 2014 A. Consider proposal to perform city-wide survey regarding proposed long -range master plan. B. Consider proposal to obtain legal opinion regarding the federal and state protections of religious institutions in cities and specifically adjacent to the existing aty hall complex. C. Consider advertising non -binding request for proposal(RFP) regarding city real estate in the 3800 blocks of A Mend and Milton. Recommenced Action: Discuss and rake any desbed action. Mr. Michad ROSS, CRY Manner Councilmember Yehle stated Plat at a previous meeting, Council took an action that had the following three points: • Encouraged the City Manager to investigate the alternatives for conducting a public survey; • Research Opportunities for additional legal support and • Suspended action ongoing at the time regarding Me RFP on the City Center properties. At this time, he said he thinks Council needs to reset the table and progress each of those items in some way and so he made the following Mme motions'. (1) To authorize the City Manager to continue to work with Dr. Richard Murray, Director of Surveying for Hobby Center Public Policy, to outline and instruct the Council on how he would approach the survey for a not to exceed amount of $1,000.00 Councilmember Johnson seconded the motion. After a few comments by Mayor Pro Term Sample, Councilmember Yehle moved to amend his motion m recommend that the survey be done in we steps: (1) the that step being to outline the survey as described and then (2) change the authorized not to exceed amount to $600.00. and if Me survey was subsequently approved, Council would then give funding to proceed with the survey. Mayor Pro Tom Sample said she is all or nothing and moved to approve aulmorizing the City Manager to engage Dr. Murray to perforce a survey for the residents with regards to the issues spoken about tonight. Councilmember Johnson seconded. THE MOTION FAILED TO LACK OF MAJORITY VOTE. Ayes: Sample and Johnson It Fry and Yehle Absent Handcraft A vote was than made to Me amended motion by Dick Yehle to (1) outline the survey and (2) change me not to exceed amount to $6.650.00. MOTION PASSED. Ayw: Fry, Sample, Johnson, Yehle Noes: None Absent Heathcott (2) To engage Lowell Denton of the Finn Denton, Navarro, Roche, Bernal, Hyde & Zach, P.C., in a not to exceed amount of $5,1100. Councilmember Johnson seconded the motion. Mayor Pro Turn Sample said she thinks there maps to be a legal opinion and said she doesn't want to be penny wise and pound foolish, so she moved to amend the motion to 12 of 15 Ctly Council Minutes, December d, 2014 authorize a not to exceed amount of $25,000. MOTION FAILED DUE TO LACK OF A SECOND. Councilmember Johnson moved W authorize a not toe teed amount of $10,000. Councilmember Yehle smarted the motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Yehle Noes: None Ahmed: Heathcoll A vote was now made on the original motion by Councilmember Yehle. MOTIONPASSED. Ayes: Fry, Sample, Johnson, Yehle Noes: None Absent: Heathcofl (3) To rescind the actions of October 13, 2014 and November 17, 2014 Council Meetings regarding the City owned property on the northeast comer of Milton and College and moved to approve the advertisement of a Request for Proposal (RFP) so that the City may consider the sell or exchange of properties owned by the City in the 3800 blacks of Amherst and Milton. The general descriptions of these properties include the Public Works Administration Building property at 3826 Amherst and the Public Works Maintenance Facility property at the northeast comer of Milton and College. It is understood that this RFP is a nonbinding RFP and the City has the right to accept or reject any or all parts of any programs. Counolmember Johnson seconded the motion. Mayor Pro Tom Sample said she would like to get cBizen input before doing this, so she can't support this motion. Coundlmember Yeble said in addition to considering this fmm a transaction proposal, it needs to be understood that it is highly likely that one of two situations will happen. H Me Council does nothing, it is highly likely toil the church will build on the Amherst black, which would irreversibly set the course for anything the City might do in the future regarding Me buildings in the Municipal Campus area. He said the alternative is to do something with the Public Works Maintenance Faality and move on from Mere. Cauncilmember Yenta also said until the City talks to the church, it is not known ti both entities are on the same page regarding a deal, so the. RFP is needed in order to have the conversations with the church knowing that the City Is not committer) uritil the CM exhausts its intentions on legal clarification and on any survey, whether there is a survey or not. He said the City needs to be in a position to take added and waiting until month after month goes on is not helpful. Mayor Fry added that there are time constraints and Council is trying W do the best it can for the City given the time it has to work with and he Minks this does it With resped to time restraints, Mayor Pro Tend Sample said 4 the church does my -yes' then the City O pushing out a survey too far out. She said with a survey and legal opinion already done, the City will already know where it stands when it is able to talk to the church. At this time, a vita was made to tie motion. MOTION PASSED 13 of 15 City Council Minutes, December s, 2014 Ayes: Fry, Johnson, Yehle Ni Sample Absent Heathcod T. Memorandum of Underestimation with the West U Baptist Church Matters related to an MOU with the West U Baptist Church. Fecommerded Aeeon: Approve Annual WUI sharetlparkirdbetween the Dhabi the WiviUBaptist Chuch M2015 Cry Manager Ross presented and stated that this is the continuation of the same annual agreement with the West U Baptist Church to share parking. Councilmember Johnson moved to aummise the Cry Manger to execute the 2015 Memorandum of Understanding between the City of West University Place and the West U Baptist Church, Mayor Fry seconded the motion. Councilmember Yards moved to amend the motion to approve the agreement on a month -to -month basis pending resolution of the City Campus issues. In response to Mayor Frys inquiry as to the reason for the amendment, Councilmember Yana said it is a good agreement and serves the City well, but it carries with it the shared palling element and he would like the parking issue with regards to the Youth Center parking requirement to be an open issue until the land issue is resolved so as W not be colored by this agreement. THE AMENDED MOTION DIED DUE TO LACK OF A SECOND. A vote was now made on the original motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Yehle Noes: None Absent: Heathcott 8. 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 me item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. City Council Minetes Approve City Council Minutes of December 1, 2014. B. Houston - Galveston Area Council's Transportation Policy Council Matters related to a resolution nominating Bob Fry to the Hams County Area Council's (Hi Transportation Policy Council as the Hams County Small Cities Representative. Mayor Fry moved to approve the Consent Agenda as presented. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Yehle Ni None Absent: Heathco8 14 of 15 City Council Min Wes, Decembe -8, 2014 9. Ad ourn Regular Meeting Willi o fuller business to discuss, Mayor Fry adjourned me Regular Meeting at 7:25 p.m. �r u F Y „„ Id a a A. Lenz, City Secretary CPPZIA M 15 cf 15