City Council

Agenda Request

Agenda Of:

January 16, 2007

Agenda Request No:

III A

Initiated By:

Glenda Gundermann,

City Secretary

Responsible Department:

City Secretary

Presented By:

Glenda Gundermann,

City Secretary

Department Head:

Glenda Gundermann,

City Secretary

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

Minutes City Council Meeting January 2, 2007

Approve Minutes

Exhibits:

Minutes January 2, 2007

Clearances

Approval

Legal:

N/A

Executive Director:

N/A

Purchasing:

N/A

Asst. City Manager:

N/A

Budget:

N/A

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

N/A

Amount Budgeted/Reallocation:  $

N/A

Additional Appropriation:  $

N/A

Recommended Action

 

Approve the minutes of the City Council meeting January 2, 2007.

 

Exhibits

 

STATE OF TEXAS

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COUNTY OF FORT BEND

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CITY OF SUGAR LAND

§

 

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

January 2, 2007

 

REGULAR MEETING

 

The City Council of the City of Sugar Land convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on January 2, 2007 at 5:40 o'clock P.M. and the roll was called of the members; to wit:

 

David G. Wallace, Mayor

Thomas Abraham, Council Member at Large, Position One

Daniel O. Wong, Council Member at Large, Position Two

Dennis C. Parmer, Council Member District One

M. Cyril Hosley, Council Member District Two

Russell C. Jones, Council Member District Three

Michael S. Schiff, Council Member District Four

 

QUORUM PRESENT

 

All of said members were present.

 

Also present were:

Allen Bogard, City Manager

Glenda Gundermann, City Secretary

Joe Morris, City Attorney, and

A Number of Visitors

 

CONVENE MEETING

 

Mayor David Wallace convened the session, open to the public, to order at 5:40 o’clock P.M.

 

INVOCATION

 

Council Member Schiff delivered the invocation.

 

PLEDGE OF ALLEGIANCE

 

Council Member Schiff led the pledge of allegiance to the Flag of the United States of America.

 

recognition

 

Mayor Wallace recognized members of Boy Scout Troop 1845 who were in attendance to earn various merit badges.

 

PUBLIC COMMENT

 

Mayor Wallace introduced Public Comment and entertained registered speakers.  There were no public comments.

 

REVIEW OF CONSENT AGENDA

 

Mayor Wallace introduced the Consent Agenda and entertained questions and/or comments.

 

CONSENT AGENDA

 

Mayor Wallace introduced consideration on III A) Approve the purchase of one pump and motor truck, Ford chassis with Maintainer service body from Chastang’s Bayou City Ford, for $104,872.00, procured through competitive bidding.  Approve purchase of one John Deere backhoe from Rush Equipment for $58,791.00, procured via the HGAC cooperative purchasing contract.  III B) Authorizing Sugar Land 4B Corporation Fiscal Year 2005 - 2006 carryovers in the amount of $1,082,376 in expenditures and authorizing Fiscal Year 2006 – 2007 budget adjustment; III c) Approving Minutes of the regular meeting of December 19, 2006; III d) Authorizing execution of a Contract in the amount of $50,000.00 with M2L Associates for City of Sugar Land parks facilities assessment; III e) Authorizing execution of a Contract in the amount of $95,000.00 with Hostetler Johnston, LLC for an engineering assessment on City of Sugar Land municipal buildings; III f) Authorizing execution of a Contract in an amount not to exceed $42,500.00 with Hostetler Johnston, LLC for preliminary engineering report for Lakeview, Sugar Creek, Austin Parkway and First Colony Boulevard water plant renovations and upgrades.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Hosley, made a motion to approve the Consent Agenda.  The motion carried unanimously.

 

CONTRACTS AND AGREEMENTS

 

STRATEGIC PARTNERSHIP AGREEMENT BY AND BETWEEN THE CITY OF SUGAR LAND AND FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1

 

Mayor Wallace introduced consideration on a Strategic Partnership Agreement by and between the City of Sugar Land and Fort Bend County Municipal Utility District No. 1, Riverpark Community.

 

Mr. Jim Callaway, Executive Director Community Development, addressed the meeting stating that two Public Hearings have been conducted regarding the Strategic Partnership Agreement with Fort Bend County Municipal Utility District No. 1; the District has executed the Agreement as required by statute.

 

The Agreement provides for the annexation and dissolution of the District.  Within 90 days of approval, the City will adopt an ordinance annexing the District with an effective date of December 1, 2009, under full purpose annexation without further action by the City.

 

Following a full and complete discussion, Council Member Hosley, seconded by Council Member Wong, made a motion to approve the Strategic Partnership Agreement by and between the City of Sugar Land and Fort Bend County Municipal Utility District No. 1, Riverpark Community.  The motion carried unanimously.

 

INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SUGAR LAND AND HOUSTON-GALVESTON AREA COUNCIL

 

Mayor Wallace introduced consideration on an Interlocal Agreement in the amount of $50,000.00 by and between the City of Sugar Land and Houston-Galveston Area Council for a Central Business District Pedestrian and Bicyclist Study.

 

Mr. Michael Leech, Assistant Public Works Director, stated that with the construction of Town Square, the Intergovernmental Department, Public Works Department and Engineering have searched to improve pedestrian and bicyclists mobility; thus began a dialogue with the Houston-Galveston Area Council to bring funding to improve the area.  With direction from H-GAC, the City pursued grant funding to study opportunities to improve the growing needs of pedestrian and bicycle traffic, and in 2006, was awarded funding.

 

The scope of the Study includes the collection of data, field surveys, identification of current challenges, forecast future opportunities and outline new projects; and will also provide for stakeholder identification and stakeholders’ meetings.  Area businesses and residents will be engaged, as well as First Colony Management and Town Square Management Districts to solicit input regarding the needs of pedestrians and bicyclists.  As an additional benefit of the Study, the City will have increased eligibility for funds to implement future construction projects.  The Study will coordinate with the City hike and bike system and the way-finding study by the Traffic Engineer’s office to avoid duplication of information; H-GAC will coordinate the hiring of the consultant.   The Study completion is expected by August 2007.

 

Council Member Parmer commented that to win the grant funding, city staff competed with eight counties for the one grant award.  Mayor Wallace and Council congratulated the team for their fine endeavors.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Wong, made a motion to authorize the Interlocal Agreement in the amount of $50,000.00 by and between the City of Sugar Land and the Houston-Galveston Area Council for a Central Business District Pedestrian Bicyclist Study.  The motion carried unanimously.

 

RESOLUTIONS AND ORDINANCES

 

RESOLUTION NO. 06-49 ADOPTING A POLICY ON ACCEPTING NEIGHBORHOOD PARKS FROM PROPERTY OWNERS’ ASSOCIATIONS

 

Mayor Wallace introduced consideration CITY OF SUGAR LAND RESOLUTION NO. 06-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A POLICY ON ACCEPTING NEIGHBORHOOD PARKS FROM PROPERTY OWNERS’ ASSOCIATIONS.

 

Mr. Karl Miller, Director of Parks and Recreation, stated that at the December 5, 2006 City Council meeting, the Parks and Recreation Department staff presented Resolution No. 06-49 to adopt a policy on accepting Neighborhood Parks from Property Owners’ Associations (POAs).  As an outcome of that meeting revisions were recommended inclusive of:

 

Water Amenities:

Water Amenities are defined as lakes, ponds, rivers, detention facilities, and all other natural or man-made bodies of water, including related dams, piping, bulkheads, equipment and facilities for controlling, protecting or maintaining the bodies of water from surrounding land areas.  Of the eight Parks with the City, staff found that only three have bodies of water adjacent to the Park.  In these Parks, the body of water is deeded separately from the Park and would not become the responsibility of the City.

 

POA Requirements:

The POA is obligated to submit a legal opinion stating there are no deed restrictions preventing the Park from being used as a public park.  If a restriction does exist, the POA must show proof that it was removed from the appropriate document.  It will be required to submit in writing its bylaws and deed restrictions and then provide copy of deed restrictions to residents.

 

Consensus:

The first level of consensus remains with 75% agreement of property owners residing within 200 feet of the Neighborhood Park.  The second level of consensus would be changed stating that the POA is now required to hold an election, notifying all POA property owners in writing and residing within a ½ mile radius of the Park, stating that the POA will conduct an election, similar to the election of officers and provide those POA property owners an opportunity to vote whether they approve donation of the Park to the City. The letter must state the date, time and place of the election, which could take place at the POA’s annual meeting.  A copy of the letter must be provided to the City.  The POA must also present a written statement that the letter was sent to all its property owners residing within a ½ mile radius of the Park with a list of names and addresses of property owners attached to the statement.  The POA must also submit a copy of the election results showing that a majority of the POA members residing within a ½ mile radius of the Park who voted in the election approved the donation of the Park to the City.

 

Reimbursement Agreement:

The revised policy requires the POA to submit an executed Reimbursement Agreement to the City, reimbursing the City for any costs it may incur if the conveyance is legally challenged. 

 

City Responsibilities:

The City must convey to the POA the service level standards, rules and regulations of City-owned Neighborhood Parks, as well as ensuring that the POA has fulfilled all of its obligations.  The City must also review the request and inspect the Park to determine compliance with this policy during the City’s annual budget process. 

 

Acceptance:

The City Council continues to have the final acceptance authority, although the acceptance process has been revised to require City Council to authorize the legal Reimbursement Agreement during which time it considers the acceptance of the Park.

 

Council Member Hosley stated that currently under the proposed guidelines the City will not be deeded the water along with the donation of a park; questions were posed concerning the maintenance and responsibility of the body of water and that she would not accept a park if there were no code enforcements regulating the upkeep of the water.

 

Mr. Miller stated he believed the water would remain the responsibility of the neighborhood and regulated by City Code Enforcements and/or City Standards.  Council Member Jones recommended a written clause in the Agreement that would facilitate maintaining of the water by the neighborhood POA and a statement clarifying city standards regarding the Park.

 

Mayor Wallace stated that because of the importance of defining expectations regarding the water issues recommended that the resolution be tabled for further review of the policy. 

 

Following a full and complete discussion, Council Member Hosley, seconded by Council Member Jones, made a motion to table CITY OF SUGAR LAND RESOLUTION NO. 06-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A POLICY ON ACCEPTING NEIGHBORHOOD PARKS FROM PROPERTY OWNERS’ ASSOCIATIONS.  The motion carried unanimously.

 

APPOINTMENT

 

Mayor Wallace introduced consideration on the appointment of one member each to Tax Increment Reinvestment Zone No. One Board of Directors Position Three, Four and Five.

 

Mayor David Wallace stated that TIRZ One is the Board of Directors for Sugar Land Town Square and is comprised of nine members.  Position One is appointed by State Senator Armbrister; Position Two State Representative Howard; Positions Three through Eight appointed by City Council; and Position Nine is appointed by Fort Bend County Commissioners Court.

 

Following a full and complete discussion, Mayor Wallace, seconded by Council Member Hosley, made a motion to appoint Mr. Greg Stirman to Position Three, Mr. Fred Fogarty to Position Four and Mr. Louis Garvin to Position Five of the Tax Increment Reinvestment Zone No. One Board of Directors.  The motion carried unanimously.

 

workshop

 

AMENDMENT - RIVERSTONE DEVELOMENT AGREEMENT NO. 1

 

Mayor Wallace introduced discussion on Amendment No. 1 to Riverstone Development Agreement.

 

Mr. Jim Callaway, Executive Director Community Development, stated that discussions have been ongoing between the City and the Riverstone developer for a proposed estate development within Riverstone.  It will be an upper end gated community consisting of estate-sized lots, private golf course, high quality and desirable within the City. 

 

The Developer has requested the City amend the subdivision regulations and remove restrictions limiting the length of private streets and limiting the number of lots fronting private streets.  This would decrease traffic mobility, bicycle and pedestrian usage and open space for greenway and create other concerns by the City.

 

The City initially proposed an ordinance amendment “bracketing” the proposed development, however, the legal department has suggested an alternative remedy of a Strategic Partnership Agreement between the City and the Developer.  The Agreement is regulated pursuant to § 212.172 of the Texas Local Government Code which allows the City to contract with an ETJ landowner to authorize municipal enforcement of land use and development regulations; and provide an agreement for the annexation of the land.  Staff recommends addressing the specific needs of the proposed development; and to address City issues including annexation consistent with annexation and services policy. 

 

The Agreement will extend current ETJ codes, modify private street restrictions, extend building code authority and permit requirements, agreeable terms for inspection and reviews by city staff and/or third party contractors retained by the City.  The City is amenable to adding mutually agreeable regulations and to not withhold consideration or action on the general plan, allowing for the project to align with the MUD boundary and the developer will provide no plat application be submitted prior to the Strategic Partnership Agreement with the District which provides surety while allowing the developer to continue General Plan Amendments.  

 

With approval the City and the District will enter into a Strategic Partnership Agreement with an immediate limited purpose annexation, 50% sales tax split and a full purpose annexation with an effective date of

December 1, 2017.  The District will not be dissolved and will continue as a City Services District with a 50% ad valorem tax rebate.

 

The Agreement will be on the January 16, 2007 City Council Agenda for consideration and action; the proposed Developer due diligence period ends on January 17, 2007.  The Agreement focuses only on those issues related to the proposed gated residential community.

 

Council Member Parmer requested clarification on the intent of the December 1, 2017 full purpose annexation date; Mr. Callaway stated that the City proposed an earlier date, however, the developer requested a later date due to lack of certainty within the marketplace and that a compromise was reached.

 

Issues currently being considered include the possible amendment to the Riverstone Development Agreement, post tax increment financing and management district; and questions surrounding funding, phasing, timing of the various sections of University Boulevard, effluent reuse, outstanding capital recovery and connection issues, none of which will slow the development process.

 

Mayor Wallace stated the proposed development will be an asset to the City and asked if the developer will complete their due diligence on schedule and if the proposed effluent reuse would be for golf course irrigation.  Mr. Callaway responded that the development is progressing on schedule and that the effluent grey water will be used for irrigation.

 

Council Member Schiff commented on the outstanding development issues and the phasing of University Boulevard, voicing concerns that the development not be delayed as the development will serve to expedite the extension of University Boulevard.  Gratitude was expressed to staff and the developer for achieving the Agreement.

 

Council Member Hosley clarified the use of a third party to review plans for single-family residences within the development and questioned if the developer moved rapidly to complete the proposed development, could the full purpose annexation be petitioned for the development to become a part of the City sooner than 2017.  Mr. Callaway responded that a statue would be provided supporting an amendment to the Agreement.

 

Council Member Jones recommended that City Council look further into additional agreements for future developments related to gated communities. 

 

Council Member Abraham asked the approximate number of residential lots within the proposed development and if outside inspection services are required and who is responsible for payment of those services.  Mr. Callaway responded that approximately 500 homes will be in the proposed gated community; outside inspection services will be mutually agreeable between the developer and the City, if the third party inspector is an agent of the city, the City will have the fiduciary responsibility for those services.

 

workshop

 

COMPREHENSIVE UPDATE – SUGAR LAND DESIGN STANDARDS

 

Mayor Wallace introduced discussion on a comprehensive update to Sugar Land Design Standards.

 

Mr. Patrick Walsh, Municipal Transportation Engineer, stated the review includes the primary reasons for the update, the process used to perform a comprehensive review, and examples of key proposed changes to

the Standards.  Engineering staff will provide an overview of proposed streamlined processes for amendments and variances to the Design Standards.

 

The purpose of the City Design Standards is to establish technical requirements for infrastructure in subdivisions such as streets, water/wastewater, drainage, design and construction procedures, and written standard and construction details.

 

In fiscal year 2004-2005, the City initiated a Strategic Project to perform a comprehensive update of the Design Standards; the last update was adopted in 1989.  The update is intended to ensure that standards remain consistent with current practice in the Houston area, reflect the experience and expertise of City staff and local development community, and streamline the amendment and variance processes and allow staff authority on those issues.

 

The engineering firm of Freese and Nichols evaluated the Design Standards and provided their expertise while comparing the City to other municipalities.  The Houston Contractors Association and City staff from Public Works, Engineering and Planning, provided beneficial input from their extensive experience.  The Development Committee created a Development Sub-committee comprised of 15 members who brought a wealth of perspective in community development; consensus meetings were held with extensive discussions finding solutions acceptable to the City staff. 

 

Technical / Consistency Change:

 

Improve durability for arterials or industrial area streets, increase pavement thickness to 8inches

Improve sanitary sewer integrity; all service connections constructed with sewer main

Improved design consistency for utility or other facilities;

a.                   water well/water plant design

b.                  sanitary lift station design criteria

c.                   geotechnical requirements

Improve consistency with City Engineer

Improve electronic submittals requirements; public infrastructure  

Improve pedestrian sidewalks; four feet to five feet

 

Process Change:

 

Amendments to the City’s Design Standard currently require an ordinance approved by City Council. The proposed technical process change, based completely on an administrative level, be drafted by City Engineer and approved by City Manager. 

 

Variances are approved by the City Council and it is recommended that this process technical change be approved by City Engineer.  Developer’s engineer will submit written requests for specific approval, using his technical expertise; City Engineer will accept or deny this written request.

 

Specific requests will be evaluated on four criteria, (a) must be equal to or better than the approved City’s Design Standard; (b) accomplish intent of City’s Design Standard; (c) remain consistent with current practice; and (d) must not be detrimental to public safety.  Appeals for variances are acceptable for consideration and approval and/or denial by the Executive Director and the City Manager.  The City receives driveway separation variance requests on a regular basis which necessitate technical safety consideration and economic development.  The recommendation for variance change will remain within Council’s approval to ensure special location within subdivision regulations, with no planning and zoning involvement to streamline efforts.

 

Benefits of the new process change will allow the City Engineer to use best practices to continually update City Design Standards, make minor adjustments on a regular basis and accommodate new technologies and practices.

 

Council Member Schiff questioned whether the change to the standard for arterial streets to eight inches and whether that includes repairs to current streets; and the process change of 4’ to 5’ for sidewalk width is a technical issue or policy issue.

 

Council Member Hosley commented on approval of technical issues and who would oversee amendments; and voiced withholding the variance process from the City Engineer alone in order to ensure strong ethical relationships between the Engineer, staff and developers.  Mayor Wallace questioned whether the City Manager or Director of Developmental Services signing off on a variance would improve the overall process.  Mr. Walsh stated that the Development Committee believes that having the technical expertise of the City Engineer and the backing of the City Manager for additional input would be sufficient.

 

Council Member Abraham inquired about the positioning of trees planted, street repairs required due to growing trees and whether the Standards would prohibit trees in certain areas due to maintenance and future expense to the City.  Mr. Walsh responded that the consensus of the Committee agreed that the trees planted throughout First Colony were aesthetically pleasing; due to traffic and safety concerns the Committee is looking closely into the issue of planting trees in the median. 

 

Council Member Parmer questioned whether the updated standards were applicable in redevelopment efforts; Mr. Walsh responded that new standards in redevelopment relative to new streets, sidewalks, drainage and utilities played a critical part of the process.  Council Member Parmer asked for clarification on the width increase of sidewalks and whether the increase will remain the standard on both sides of the street.  Mr. Walsh responded that only in new development will an increase in the width of sidewalks exist.  The City Manager stated that good judgment will enforce when to increase sidewalks in neighborhoods that currently do not have sidewalks and which do not want them.

 

Mr. Walsh assured Council that the high standards for which Sugar Land is accustomed and the spirit of the City will continue in an aggressive manner as the update is considered.  

 

CLOSED EXECUTIVE SESSION

 

Mayor Wallace introduced Closed Executive Session as authorized by Chapter 551, Texas Government Code, in accordance with:

 

Public Officers: Section 551.074. (Discuss public officers) for the purpose of discussion with respect to appointment of a member to the Planning and Zoning Commission.

 

ADJOURN closed executive session

 

Mayor Wallace adjourned Closed Executive Session at 8:01 o’clock P.M.

 

reconvene meeting

 

Mayor Wallace reconvened the Regular Meeting at, 8:03 o’clock P.M.

 

ADJOURN

 

There, being no further business to come before Council, Council Member Hosley seconded by Council Member Schiff, moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 8:03 o'clock P.M.

 

 

_________________________________

Glenda Gundermann, City Secretary

 

(SEAL)