HomeMy WebLinkAbout032315 CC MinThe City of West University Place
A Neighborhood City
COPY COUNCIL
STAFF
Bob Fry, MaWr
Maine] Rom, City Mmuyeo
Susm Sample, Mayor Pro out
Alan part City Atmmry
Ed Election. Ceonclmembm
Thetis LIM,, City Secretary
Joan loMSOq Commdaam r
Dick YaM1la Co madmmat
CITY COUNCIL MEETING MINUTES
The City Council of the City of West University Place met in a special ramangAyeromma and
regular meeting on Monday, March 23, 2015, in Me Municipal Building, 38W University, West
University Place, Tares beginning at Sidi) p.m.
SPECIAL MEETING (held in the Conference Room at 5:30 p.m.)
Agenda Items were as follows:
Call to Order. Mayor Fry called the meeting to older at 5:30 p.m. in the Conference Room. Council
and Staff in attendance were: Mayor Pro Tern Sample, Councilmembers, HeaMmd, Johnson and
Yehle, City Manager Ross, City Secretary Lenz, City Attorney Petro¢ Assistant City MonagerlPublic
Works Director Perfea Police Chief Walker and Communications Manager.
1. CRY Facilities Master Planning — C01urn Survey
Matters related to the citizen survey results. Recommended Action: Olamss and fake any Arnold
edbn.
Dr. Richard Murray, Director for the Center of Public Policy at the University of Houston, presented.
He saitl his understanding is that the survey was conducted because Council feels May are at a
fore to the road and either need to proceed with the swap with the West U Baptist Church (WUBC)
or WUBC would very likely proceed independan0y, which would likely preclude some of has long
terms plans the City has for developing the Municipal Campus.
Dr. Murray said the survey included two basic option questions, all were
• Should the City proceed with the pmposed swap with the West University Baptist Church
(WUBC) — Le, 'do you support or oppose that, have no opinion or are not sure?" He said
about 49 mutant of the total sample (a plurality) was supportive of processing, 35 percent
were opposed, about 12 or 13 percent were not sure, antl 2 or 3 percent did not answer;
and
• In addition to those Mro basic questions, the survey asked a half dozen other questions,
Which is fairly common in surveys, such as haw long have you Ilved In the City, your relative
location to City Hall, how closely have you followed this issue, what media or other sources
of information have you used ?, etc.
Dr. Murray also stated Me following:
A minorty of people, about 17 percent, said they were following this issue very closely and
• half did not respond. He said of those who did respond, about 1 in 6 percent felt stingy
City Council Minutes, March 23, 2015
about the issue and were more likely W be opposed to the option of the City proceeding with
the land swap and a few more were supportive of the City doing nothing.
A larger number of people who responded! said they had folbwed the issue somewhat and
they were consistently in agreement with moving forward.
• The intense opposition is diluted by the broader response from residents throughout the
City.
There is a very passionate minority opposition, but it is also clear that May don't speak to
the larger community of the City who are more comfortable with whatever is being
suggested by Council.
It is an interesting survey, but he doesn't anticipate it will settle the issues because on one
• hand there is intensity of opposition among the minority and a broader level of support from
people who don't care as passionately about it. He said this is one of things he was
charged with finding out and the whom comes through prefty clear.
• Overall, there was a goad survey response rate and he is comfortable that the results of Me
survey reflect the broader opinion of the City
Mayor Fry said he believes that Dr. Murray has done what was asked of him. He than provided
time for questions from the audience.
David Kuykendall spoke to ask Dr. Murray if he was aware that the WUBC had input into rtes
informational brochure and requested that they had requested Mat nohing negative be put into the
brochure.
Dr. Murray said after the brochure was drafted, it was brought to his attention.
Mr. Kuykendall asked Dr. Murray W he thinks that WUBC's input could have influenced people's
responses. Dr. Murray responded that he didn't know. but it's possible.
Mr. Kuykendall asked it the questionnaire was pretested and Dr. Murray responded that it wasn't.
Another resident who did not announce name or address, spoke In ask Dr. Murray if the group that
tends to support Council's direction were less informed about the City's plan. Dr. Murray responded
that the people who were more superman did report a pretty high level of media usage, so it wasn't
really a big difference there. He said the big difference was in the level of passion.
Ben BallarrfeM spoke and asked a question, but the recorder did not pick up the question in its
entirely.
Another resident. who did not announce name at atltlress, spoke to ask Dr. Murry how well
informed does he think Me participants were in terms of the costs of the proposals. bemuse these
are major projects and he's not sure Mat the informational brochure contains enough information.
Dr. Murray responded that the informational brochure was mailed out to all residents, so he
believes there was some educational level before the survey was distributed on the nub and bolls
of this issue.
Brennan Reilly spoke to say that the two main survey questions were the opposite of each other,
yet were ask" two different ways and received fairly odorant responses. He said, typically, when
surveys are testing people's answers, they are trying to get the same responses, so is the
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City Council Minutes, Much 23, 2015
discrepancy, in particular the "no answer reviews, between me two questions call into question the
confidence of the answers.
Dr. Murray responded he doesn't think so. He said he thinks it is better practice to give people the
opportunity to say they want either option. He said the fairly excessive verbal comments capture a
lot of that
Mc Reilly asked if it is accurate to say that the 14 percent were exclusively supports of the City
taking no action?
Dr. Murray responded that very few people supported both options, so just about everybody who
supposed Option 1, opposed Option 2.
Another resident said when you weigh the apposed and not opposed and the not sure, it is
surmised that residents are overwhelming for the adios of Council, but to her it seems that it is
somewhat equal, because she is not seeing me same thing he is seeing.
Dr. Murray saitl Mere is no question that the opposition is clearly more substantial among people
who feel intensely. He saitl when the larger population (the 80t percent that don't feel intensely,
but who did respond to the survey) weighed in it shifted to a large plurality, a little less than 50
percent He said intensity and direction are have very different things in opinion surveys.
There were no more questions from the audience.
2. City Facilities Master Planning— Finalize Master Plan
Matters related to the City's Long Range Facilities Master Plan. RaammeMed Action: Archaize staff
to flne0ze the 2015 Facility Master Plan antl ding back to City COUnci her imp rial
City Manager Ross presented and stated that Council noted that the 2015 Master Plan needed to
be penalty brought before Council for adopted. He said before the sward meeting in Met, staff
will meet with POAL, finalize the facilities Master Plan and bring the final plan back to Counal for
discussion and consideration.
Douncilmember Vahle asked how would that uncensored, or not incorporate, the swap concept.
City Manager Ross said Mat would get resolved as staff brings the document forward.
Mayor Fry said pad of the problem is that the City has had faalitles planning done in the past and
had there been something in writing as to what had been done, it would have made things a whale
lot easier this go around He said vie idea for this is to get it in willing add put it in the files for
future councils.
City Manager Ross said he will bring the final plan forward when it Is ready.
Al 5:58 p.m., Mayor Fry recessed the special meetingMrorkahop and convened into Executive
Sweden.
Present for Executive Session were: Mayor Fry, Mayor Pro Tern Sample, Councilmember Joan
Johnson, Coundimember Dick Vehle. City Manager Ross, City Attorney Petrov, City Secretary
Lanz, ACMlPublic Works Director Peter. Councilmember Heathcott recused himself.
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City Coo not Minutes. March 23, 2015
3. City Facilities Master Planning - Real Estate
Matters related to the value or transfer of real property and other real estate matters with the West
University Baptist Church and other pi0peNes in the 3800 blocks of University and Amherst.
Recommended Action: Issues and take any dashed editor
This item was held in closed executive session in accordance with Section 551.072 in Chapter 551,
Open Meetings Act, of the Texas Government Code (discussion about the value or transfer of real
property and other real estate matters) and Section 551.071 in Chapter 551 of the Texas
Government Code (contribution with legal counsel to seek or receive legal advice).
At 6:26 p.m., Mayor Fry closed the Executive Session and reconvened the Special Meetingimorkshop.
4. Adiourn
With no action taken, Mayor Fry closed the Special lieetingWorkshop at 6:26 p.m.
REGULAR MEETING (held in the Council Chambers at 630 pm r)
Agenda Items were as follows:
Call to Order. Mayor Fry, called me meeting to order at 6:30 p.m. in the Council Chambers. Council
and Staff in attendance were: Mayor Pro Tens Sample, Councilmembers Heathcett, Johnson and
Yehle, City Manager Ross, City Secretary Lenz, City Attorney Pelmv, Assistant City ManageoPublic
Works Director Peter, Police Chief Walker and Communications Manager Barber.
Councilmember He ithcott 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 Corte, Chapter 551.
5. Parks Master Plan
Matters related to approval of the Ciy''s Parks Master Plan. Recommended Action: Appove the Ciya
2015Parks Master Plan. Mc Tim O'Cannw,Parksand Recreativq Dhr
Parks and Recreation Director O'Connor presented and Introduced the Parks Master Planning Task
Force — Melissa Pike (Parks Board Chair). Kevin Boyle (Parks Board Vice- Chair), Susan Reeves
(Parks Board member), Mark Prescott (Friends Board Chair), Pieter Vrancken (Senior Board Chair),
Phyllis Cohen (former Mayor Pm Tem). John Old (former Senior Boats member), Councilmember
Dick Yehle, Councilmember Joan Johnson, Jim Patterson (Principal of White Oak Studio) and
Susan White (Assistant Director of Parks and Recreation).
Mr. O'Connor said the Parks Master Planning effort began with the City retaining Jim Patterson and
his team to lead the Task Force and staff through the process to development the 2016 Parks
Master Planning document. He said Me Task Force met regularly, produced a citizen's survey,
conducted several town hall meetings, solicited feedback from residents and citizen boards and
eventually developed a prop0sed plan that staff is asking Commit to adopt. He said they are
confident in slating that the entire process has been deliberate and effective in delivering the
citizens of West University Place a mad map fiat will serve the city In maintaining and improving its
parks and recreational facilities for at least the used decade.
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City Council Minutes, March 23, 2015
With no questions, staff requested that City Council formarly adopt the proposed 2015 Parks Master
Plan,
Councilmember Johnson moved to accept the 2015 Parks Master Plan. Councilmember yehle
seconded the motion. MOTION PASSED.
Ayes: Fry, Sample, Heami Johnson, Yards
Noes: None
Absent None
Mr. O'Connor said the Parks Master Plan would be posted on the City webslte no later than
Wednesday of this week.
S. Parks Master Plan— Task Force Recognition
Matters related to the recognition and appreciation of the work done by the Parks Master Planning
Task Force. Rerommendad Action: Recognize Task Force Members.
Mayor Fry and City Council then recognized the Task Force and presented them with a token of the
Citys appreciation.
]. Public Comments
This was an opportunity for citizens to speak to Council relating to agenda and non - agenda items.
Alicia Dreams, 6112 Fordham Street spoke to say that her topic is appropriate since people are
getting awards for our wonderful parks. She said today she enjoyed the beautiful park and Senior
Center in Bellaire, because she is not allowed to utilize the facilities in West University Place. She
said if she goes into the Senior Center or into a park to enjoy a beautiful day, site would be fined
$500. Ms. Chewed said she has lived in the City for over fie years, pays taxes and until recently
had used the services of West University Place and is not sure exactly what she did to be banned.
She said she knows her constitutional rights are being violated. because she is told not to talk to
people when site Is on the sidewalk outside the library, not to telephone people inside her own
home because she is telephoning the wrong people, and not to voice concerns. She said when site
gives Input she is ignored or concerned or the laws are changed Ms. Disease said disabled senior
citizens need better public servants.
Stan McCandless, 3712 Rice Boulevard, spoke regarding the citizen survey. He said the Me
questions sent out to about 10 percent of the citizens generated about 44 pages of feedback and
asked B the residents are suppose to digest that in to time given in tonight's workshop? He said
this is the crux of one of the big problems in the City, so he thinks there should be another
workshop to further explain the results so that those Brat are interested can have an opportunity to
digest it all because it is a very complicated issues. Mr. McCandless said he is for the church
building Me youth Center at the original location, but thinks it is absurd to think of the Super Block
30 Were from now.
Chuck Marshall, 4142 Riley, spoke to ask a question of the City Attorney. He asked B the City of
West U is a co-applicant with the church for a special exception for the Milton property, is that a
conflict of interest being that it is the Zoning Board of Adjustment and the City Council voting for or
against that proposal? He also said, in regards to Agenda Item 9, he doesn't see how Council can
proceed to approve $199,000 expenditure for architecure design for moving the Maintenance
Facility since it hi been approved to move it.
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City Council Minutes. March 23, 2015
City Atemey Petrov responded to Mr. Marshall regarding the spacial exception. He said the Zoning
Board of Adjustment is a quasijin icial Board and is a separate entity from the City Council;
therefore, Council doesn't have any influence over ZBA decisions so there is no conflict of interest.
Eddie Matthews, 5906 Merchant, spoke regarding the Facilities Master Plan. He said he
appreciates the information provided in the past through the PGAL presentation in November and
Me informational brochure distributed last month, but said he is still concerned about the potential
costs of both the property swap and the relocation of Me Maintenance Facility. He said he
scrounges Council to make the coats and information available to the residents before any final
decisions are made, because at Me end of Me day We the residents who are going to have to pay
the costs.
Brennan Reilly, 3731 Rice Boulevard, wished to defer his comments until Item 9 was discussed.
Councilmember Yehle spoke to say that this Is a complicated issue with lots of moving pads and so
it is very difficult to come up with an answer based on one component. He said one of the moving
parts is the Maintenance Facility, which Councils have discussed for years about moving out of Me
"Center to somewhere else. He said Dinars is the logical place, but it should probably bra
investigated further.
Councilmember Yams said the second thing is, without even thinking about the West U Baptist
Church's immediate plans, several years ago he saw a map of the City Canter and said M himself
"gosh that looks messy and it just cried to have some tam d swap done to get the church's
properties consolidated and the Chyle properties consolidated so both entities could use their land
in a more efficient and wearable manner. He said Me church would need more and more land to
make sense of the disconnected bits of property Mat it has and it stokes him Nat by consolidating
the church's properties, it would confine them and allow them to think about hew M most efficiently
use their property.
Councilmember Yeble said another concept is the RLUIPA law regarding What the church can and
cannot do. He said on advice from the City Attorney and from an expert in Ms area, as well as
other attorneys, basically the church can prosecute its religious activities on whatever land ti owns.
He said WUBC Is already using a special exception for its Youth Center on Amherst; so, the Mies
that the City has gives Me church an avenue W explore development of a special exception if it
meets certain tests. He said, therefore, the church is working within the Citys rules to accomplish
what it wants M do, co at the and of the day d the City goes ahead with the swap, the church and
the City will both be well positioned. He said in addition, the Youth Center is one that is oriented
towards Managers and Me City has been trying to find ways to serve that population better so,
three different groups of people will benefit from this. He said there are plenty issues regarding
costs, other properties, etc., but these are just a few of his views surrounding the issues being
looked at today.
Councilmember Johnson spoke regarding costs and said the City isn't get costs until it moves
forward on than 9, so Me City doesn't have costs to provide today.
Mayor Pro Tam Sample said when reviewing the survey, Appendix 1 states 'While West U has
zoned these lots (the ones behind City Hall) as residential Federal law and court decisions indicate
that the Baptist Church has the right to develop this property M a clearly religious requests despite
local municipal rules." She said His is misleading because it is not "despite local municipal rules ", it
is because the Citys local ordinances state Mat a church is a primary use in a residential area,
which was passed In 2005. She said the church received a special exception M put Mair Youth
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City Council Minutes, March 23, 2015
Center right where may want to put it now and the City's law pretty much says they don't have to do
too much else if may want to put the same thing for a special exception where they already have it.
Mayor Pm Tam Sample pointed out that in 2005 that the City allowed for a special exception for a
43 foot gym for the church and she was hard pressed to find anybody complaining about the law
passing or about the gym. She said the church, within the terms of the residential zoning that the
City allows, can build up to 16,000 square feet on Oe designated properties, s0 thank goodness
Mat isn't before Council.
Mayor Pro Tam Sample said the proposed Youth Center is 7,000 square feet residential scale sized
building on three lots, and is within the provisions of the City's current zoning laws. She said me
City has every, intention to enforce its residential sole zoning on any wnshuctlon, but fortunately,
or unfortunately, City laws currently allow a church to have a primary structure in a residential area
and so that puts the C'Ty up against a wall. She said they are within their rghts to do what they are
proposing and (some) people are asking Council to break Me City's own ordinances and bend the
rules against one particular entity. She doesn't think anyone would wand to start a trend like that
Mayer Pro Tam Sample sad when the survey asked lf'you want the youth center here or there'
that was a real question because they can put it in the originally proposed location anyway
accepting to City laws as they are currently. So for those people who were angry and refused to
answer the question, they wasted a vote because that is what's on the table forthe City.
For the record, Mayor Fry said that Counalmember Heathw8 is a member of the WUBC and has
recused himself from every deliberation had on this issue.
8. Cat Facilities Master Plannina — Authorization
Matters related to a resolution aulhonzing the Qty Manager to perform all necessary actions that
further the City Council's goals regarding the City's Long Range Facilities Master Planning.
Recommendm Action: Appr msautionaufhorizir tMCRy ManagertoadonC wffofM&City
Mayor Fry said in the Cilys history, Uere has been very good master planning done of cautious but
they were never formally recorded. He said me City could have saved a lot of time and effort had a
previous City council actually done that, so that is what is being done with this motion —to have the
Master Plan put in writing and accepted by the City so future City Councils can have it. He said it
doesn't mean future Councils' have to follow it, but it gives them the opportunity ro have it and make
future planning easier.
City Manager Ross saitl this item is also to adopt a resolution that authorizes the City Manager to
Mks the actions necessary to investigate the feasibility of the sale or exchange of property with the
WUBC, as well as to reiterate the actions of the City Manager taken heretofore to investigate the
sale or exchange of property that are hereby approved and supported by City Council and
specifically includes, but is not limited to, the authorization for a model exception for the property at
3826 Milton Steel for use by the WUBC. He said staff recommends Council approve the
resolution.
Counci rm mber Yards moved to approve authorizing the City Manager to take me described
actions as necessary to investigate the feasibility of the sale or exchange of property with West
University Baptist Church and to take actions to create a finalized Master Plan. Councilmember
Johnson accusetl the motion. MOTION PASSED.
Ayes: Fry, Sample, Johnson, Yehle
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City Council Minutes, March 23, 2015
Noes: None
Absent: None
Abstain: Heathmd
9. Dincans Public Works Maintenance Facility— Architectural Design Services
Mariana related to approval of the design of the Dincans Public Works Maintenance Facility and
Animal Shelter. Recommended Arson: Autha'Ice be City Manager to execute the archMecWal design
ambient with PGAL in an amount not to eased $199,000
Brennan Reilly, 3731 Rice BoWevard, spoke to say that he is disappointed in Council's approval of
the action that subareas the City Manager to engage in the land swap. He said the comments
made by Council has shown him Mat it has refused N take into account changed circumstances
since this issue was first moved by Coundlmember HmMceh on October i]e.
Mr. Reilly said Councilmember Yeble's remark that the Youth Center will benefit all residents in
West U and that it would be open to nonmembers is not true. He said Reverend Foreman made it
quite dear during the pre- 6rtefing hearing at the Zoning Board of Adjustment (ZBA) meeting that the
facility would be for church members only.
Mr. Reilly said that Councilmemther Yehle stag that the City's zoning laws permit the church to
build as primary use in a residential area a facility for religious workshop, but saitl that is wrong to
the extent that it is a high occupancy facility and high occupancy facilities like the Youth Center are
not permitted without a special exception. He said the church has the human to show that this
facility will not substantially increase Uaffic or on -street parking and Nat it is compatible with the
residential property. He said Noy cannot build without the exception and the City's laws do not give
me WUBC carte blanche to build in a residential property area. Mr. Reilly said Me City's laws
protect residents right now and to the extent Nat they don't protect residents, they as City
Councilmembers can make a motion to change it.
Mr. Reilly said the City is about to have a real survey in the City on May 9ja. He said in 47 days
More will be an election and it will show what residents really think, because there are a group of
candidates who are strongly opposed to Me actions the City is taking and they will be running
against a group of candidates who are in favor of fire staWs quo. He saitl whoever is doing long-
term with this City, they are dealing with the wrong people because this City government is about to
change and Me citizens that are being and have ignored are about to be heard.
Mayor Pro Tern Sample spoke to state that a "special exception' is a fairly low hurdle compared M
a -variance' and Me property that the church is already on has a optical exception for Me very
same use, so though it is not a slam dunk it's a fairly routine motion. She reiterated that the City
has already approved a speciat exception in the past for that area for a Youth Center and with
minor modifications May can he" it renewed for the new Youth Center. She said she diidn't mean
to indicate earlier that fire church could do whatever it wants, but said it is a very, low hurdle they are
rating right now.
Mayor Fry reiterated Mat City Council has no control. He said this goes to ZBA for a ruling and that
is where this will be decided
After hearing from the public, Assistant Public Works Director Beach presented the item for
approval of a design contract with PGAL for Me construction of the new maintenance facility (hat
will be on Dincans. He said the costs Include all of Me services from architectural, electrical, civil
and up to data cabling and security.
ME
CTy Council Minutes, March 23, 2015
In response to Mayor Pro Tern Sample inquiry about an estimate, City Manager Ross stated that a
detailed construction estimated from the architect will be forthcoming.
Mayor Fry said the reason this is being done is because this facility is long past its useful life and
the plans will be needed at some point, whether now or in the future.
Councilmember Johnson moved to authorize the Ciry Manager to execute a design services
contract with PGAL in an amount not to exceed $199,000. Counclmember Vehle seconded the
motion. MOTION PASSED.
Ayes: Fry, Sample, Johnson, Vehle
Noes: None
Absent: None
Abstain: HeathcoX
10.Consent Agenda
All Consent Agenda items listed are considered to be routine by the City Council and will be
enacted by and motion. There will be no separate discussion of these items unless a Council
member requests in which event to 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 March 9, 2015. Remmmenaed action: Approve Minter
Councilmember Yams moved to approve the Consent Agenda as presented. Mayor Pro Tend
Sample seconded the motion. MOTION PASSED.
Ayes: Fry, Sample, Heatcott, Johnson, Voris
Noes: None
Absent: None
11. Adlourn Regular Meeting
Wit no further business to discuss, Mayor Fry adjourned the Regular Meeting at ]:10 Pm.
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