TUESDAY, SEPTEMBER 18, 2007

CITY COUNCIL REGULAR MEETING

5:30 O’CLOCK P.M.

CITY COUNCIL CHAMBER

INVOCATION | Video Snippet

Council Member Donald Olson

PLEDGE OF ALLEGIANCE TO FLAG

Council Member Donald Olson

RECOGNITIONS | Video Snippet

Texas Commission on Environmental Quality
Outstanding Public Drinking Water System Award 2006
and
Total Coliform Rule Program Award 2006

Ms. SuEllen Staggs, Utilities Director

I.

PUBLIC COMMENT

Citizens who desire to address the City Council with regard to matters on the agenda will be received at this time.  The number of speakers will be limited to the first ten (10) speakers and each speaker is limited to three (3) minutes.

Comments or discussion by council members will only be made at the time the subject is scheduled for consideration.

II.

REVIEW OF CONSENT AGENDA | Video Snippet

A.

Review of Consent Agenda

III.

CONSENT AGENDA | Video Snippet

All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion.  There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

A.

SECOND CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1640 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 2, ARTICLE VI OF THE CODE OF ORDINANCES BY ESTABLISHING A MUNICIPAL COURT COLLECTION FEE.  Ms. Linda Symank, Director of Fiscal Services.

Ordinance No. 1640 | Status: Passed

B.

Consideration of and action on bid evaluation and authorizing execution of a Contract in an amount not to exceed $200,000.00 with PB & J Pavement Marking, Incorporated for pavement marking services for the period October 1, 2007 through September 30, 2008.  Ms. Jennifer Montgomery, Purchasing Manager.

Pavement Marking Services | Status: Passed

C.

Consideration of and action on authorizing Purchase in the amount of $40,365.35 from SHI – Government Solutions for Novell Master License Agreement. Ms. Sharlett Chowning, Director of Information Technology.

Novell Master License Agreement | Status: Passed

D.

Consideration of and action on authorizing execution of a Five-Year Lease Agreement by and between the City of Sugar Land and William Smith, Sr. Tri County Child Development Council, Incorporated for lease of Mayfield Neighborhood Park, 112 Avenue D, for operation of Head Start Center.  Mr. Joe Chesser, Interim Parks and Recreation Director.

Five-Year Lease Agreements | Status: Passed

E.

Consideration of and action on authorizing execution of an Interlocal Agreement by and between the City of Sugar Land and Fort Bend County for fuel for Fire Station No. 6 vehicles.  Ms. Jennifer Montgomery, Purchasing Manager.

Fire Station No. 6 Vehicles | Status: Passed

F.

Consideration of and action on authorizing execution of a Primary Interlocal Agreement by and between the City of Sugar Land and Fort Bend County for mutually beneficial projects.  Ms. Jennifer Montgomery, Purchasing Manager.

Mutually Beneficial Projects | Status: Passed

G.

Consideration of and action on authorizing execution of a Contract in the amount of $91,060.00 with Naztec ITS for retiming traffic signals on State Highway 6 and Sweetwater Boulevard.  Mr. Michael Leech, Assistant Public Works Director.

Retiming Traffic Signals | Status: Passed

H.

Consideration of and action on authorizing execution of an Agreement in an amount not to exceed $206,321.00 with Comp Benefits for employee dental benefits; and authorizing execution of an Agreement in an amount not to exceed $85,942.00 with The Standard for group life products; and authorizing execution of a renewal Agreement in an amount not to exceed $4,338,409.00 with Aetna Insurance for the 2008 Plan Year employee medical benefits; and rejecting all requests for proposals received for flexible spending account administration.  Ms. Paula Kutchka, Assistant Human Resources Director.

Aetna Insurance for the 2008 Plan Year | Status: Passed

I.

Consideration of and action on authorizing execution of a month-to-month Lease Agreement by and between the City of Sugar Land and All Around Aviation for hangar and office space located at 12718 Diamond Drive.  Mr. Phillip Savko, Director of Aviation.

Lease Agreement | Status: Passed

J.

Consideration of and action on authorizing execution of an Advanced Funding Agreement for Texas Department of Transportation Change Order No. 17 in an amount not to exceed $46,905.16 for construction of two access road turnouts for U. S. Highway 90A widening project.  Mr. Patrick Walsh, Assistant City Engineer.

Advanced Funding Agreement | Status: Passed

K.

Consideration of and action on CITY OF SUGAR LAND RESOLUTION NO. 07-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED SEPTEMBER 18, 2007 BETWEEN THE STATE OF TEXAS AND THE CITY OF SUGAR LAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF CERTAIN TRAFFIC SIGNALS AND RELATED EQUIPMENT TO IMPROVE TRAFFIC PROGRESSION AND PEDESTRIAN SAFETY AT THE LOCATION(S) SHOWN ON THE AGREEMENT, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF SUGAR LAND, AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT.  Mr. Patrick Walsh, Assistant City Engineer.

Resolution No. 07-30 | Status: Passed

L.

Consideration of and action on authorizing Purchase in an amount not to exceed $187,203.00 from Structural and Steel Products, Incorporated for ornamental traffic signal poles for U.S. Highway 59 at State Highway 99.  Mr. Patrick Walsh, Assistant City Engineer.

Ornamental Traffic Signal Poles | Status: Passed

M.

Consideration of and action on CITY OF SUGAR LAND RESOLUTION NO. 07-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED SEPTEMBER 18, 2007 BETWEEN THE STATE OF TEXAS AND THE CITY OF SUGAR LAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF CERTAIN TRAFFIC SIGNALS AND RELATED EQUIPMENT TO IMPROVE TRAFFIC PROGRESSION AND PEDESTRIAN SAFETY AT THE LOCATION(S) SHOWN ON THE AGREEMENT, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF SUGAR LAND, AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT.  Mr. Patrick Walsh, Assistant City Engineer.

Resolution No. 07-31 | Status: Passed

N.

Consideration of and action on authorizing Purchase in an amount not to exceed $579,244.00 from Structural and Steel Products, Incorporated for ornamental traffic signal poles for U. S. Highway 90A widening.  Mr. Patrick Walsh, Assistant City Engineer.

U. S. Highway 90A Widening | Status: Passed

O.

Consideration of and action on authorizing Payment for land acquisition costs in the amount of $1,412,408.00 for the Sugar Creek/Market Place drainage improvements, and approval of a capital project budget amendment in the amount of $1,220,000.00 in revenues and expenditures.     Mr. Joe Morris, City Attorney.

Land Acquisition Costs | Status: Passed

P.

Consideration of and action on approval of the minutes of the regular meeting of September 04, 2007.  Ms. Glenda Gundermann, City Secretary.

Minutes | Status: Passed

IV.

CONTRACTS AND AGREEMENTS

A.

Consideration of and action on bid evaluation and authorizing execution of a Contract in the amount of $222,295.00 with Pemco, Incorporated for fuel storage capacity expansion and authorizing a budget adjustment in the amount of $66,000.00.  Ms. SuEllen Staggs, Director of Utilities.

Fuel Storage Capacity Expansion | Video Snippet | Status: Passed

V.

PUBLIC HEARINGS

A.

PUBLIC HEARING 6:00 P.M.: Receive and hear all persons desiring to be heard on a request for a Conditional Use Permit for expansion of a long term care facility located at 1550 First Colony Boulevard in the Business Office (B-O) District.  Mr. Douglas Schomburg, Assistant Planning Director.

FIRST CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1642 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING HOSPITAL FACILITY LOCATED AT 1550 FIRST COLONY BOULEVARD.  Mr. Douglas Schomburg, Assistant Planning Director.

Ordinance No. 1642 | Video Snippet | Status: Passed

B.

PUBLIC HEARING 6:00 P.M.: Receive and hear all persons desiring to be heard on a request to rezone approximately 31 acres bounded by acreage within Imperial Park, north by Guenther Street, east by Mill Street and Brooks Street, and south by Matlage Way and Brooks Street from Mixed Use Conservation District to Business Office (B-O) District.  Ms. Sabine Somers-Kuenzel, Director of Planning.

FIRST CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1641 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PROVIDING FOR A CHANGE OF ZONING FROM MIXED USE CONSERVATION ZONING DISTRICT (MUC) TO BUSINESS OFFICE ZONING DISTRICT (B-O) FOR APPROXIMATELY 31 ACRES OF LAND LOCATED ALONG MATLAGE WAY BETWEEN GUENTHER AND AZALEA STREETS; THE EAST SIDE OF BROOKS STREET BETWEEN U.S. 90A AND GUENTHER STREET; AND ALONG THE SOUTH SIDE OF U.S. 90A EASTBOUND FROM GUENTHER STREET TO OYSTER CREEK.  Ms. Sabine Somers-Kuenzel, Director of Planning.

Ordinance No. 1641 | Video Snippet | Status: Passed

C.

PUBLIC HEARING 6:00 P.M.: Receive and hear all persons desiring to be heard on amendments to Sugar Land Development Code, Chapter Two (Zoning) for Mixed Use Conservation District regulations.  Ms. Sabine Somers-Kuenzel, Director of Planning.

FIRST CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1645 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 2, OF THE SUGAR LAND DEVELOPMENT CODE BY AMENDING REGULATIONS FOR THE MIXED USE CONSERVATION DISTRICT.  Ms. Sabine Somers-Kuenzel, Director of Planning.

Ordinance No. 1645 | Video Snippet | Status: Passed

VI.

ORDINANCES AND RESOLUTIONS

A.

FIRST CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER TWO OF THE CODE OF ORDINANCES BY DELETING THE FEE FOR A CONDITIONAL USE PERMIT WITHIN THE MIXED USE CONSERVATION DISTRICT AND ADDING A FEE FOR A SITE DEVELOPMENT PERMIT IN THE MIXED USE CONSERVATION DISTRICT.  Ms. Sabine Somers-Kuenzel, Director of Planning.

Ordinance No. 1647 | Video Snippet | Status: Passed

B.

FIRST CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1644 AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF SUGAR LAND, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, APPROPRIATING THE SUMS AS SET FORTH THEREIN, ADOPTING THE CAPITAL IMPROVEMENTS PROGRAM 2008-2012, AND ADOPTING A COMPENSATION PLAN.  Ms. Linda Symank, Director of Fiscal Services.

Ordinance No. 1644 | Video Snippet | Status: Passed

C.

FIRST AND FINAL CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 1648 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, LEVYING A PROPERTY TAX RATE FOR THE YEAR 2007; DIRECTING THE TAX ASSESSOR-COLLECTOR TO ASSESS, ACCOUNT FOR, AND DISTRIBUTE THE PROPERTY TAXES AS HEREIN LEVIED.  Ms. Donna Svatek, Treasury Manager.

Ordinance No. 1648 | Video Snippet | Status: Passed

VII.

WORKSHOP

A.

Review of and discussion on commuter and freight rail.  Mr. Dale Rudick, Director of Business and Intergovernmental Relations.

Commuter and Freight Rail | Video Snippet

VIII.

CITY COUNCIL CITY MANAGER REPORTS | Video Snippet

A.

Council Members/Council Committee Reports

Finance/Audit Committee
Business Incentive Committee
Intergovernmental Relations Committee
Compensation Committee

B.

City Manager Report

IX.

CLOSED EXECUTIVE SESSION | Video Snippet

A.

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

a)

Public Officers: Section 551.074 (Discuss public officers)

For the purpose of discussion with respect to appointment of members to the Planning and Zoning Commission, Zoning Board of Adjustment and Appeals, Building and Standards Commission and Sugar Land 4B Corporation.  Mayor David Wallace.

RECONVENE CITY COUNCIL CHAMBER

X.

APPOINTMENTS, BOARDS AND COMMISSIONS

A.

Consideration of and action on appointment of five members to the Planning and Zoning Commission for two-year terms expiring September 30, 2009 and appointment of the commission chair and vice chair by the Mayor with approval of City Council.  Mayor David Wallace.

Planning and Zoning Commission | Video Snippet | Status: Passed

B.

Consideration of and action on appointment to the Zoning Board of Adjustment of three members for two-year terms expiring September 30, 2009; appointment of three alternate members for one-year terms expiring September 30, 2008; appointment of one member to fill an unexpired term expiring September 30, 2008 and appointment of chair and vice chair by the Mayor with approval of City Council.  Mayor David Wallace.

Zoning Board of Adjustment | Video Snippet | Status: Passed

C.

Consideration of and action on appointment of three members to the Sugar Land 4B Corporation for two year terms expiring September 30, 2009 and one member to fill an unexpired term expiring September 30, 2008.  Mayor David Wallace.

Sugar Land 4B Corporation | Video Snippet | Status: Passed

D.

Consideration of and action on appointment of four members and three alternate members to the Building and Standards Commission for two-year terms expiring September 30, 2009 and appointment of the chair by the Mayor with approval of City Council.  Mayor David Wallace.

Building Standards Commission | Video 1 | Video 2 | Status: Passed

E.

Consideration of and action on appointment of seven members to the Parks and Recreation Advisory Board for one-year terms expiring September 30, 2008 and appointment of the chair by the Mayor with approval of City Council.  Mayor David Wallace.

Parks and Recreation Advisory Board | Video Snippet | Status: Passed

F.

Consideration of and action on appointment of two members to the Animal Advisory Board for a one-year term expiring September 30, 2008 and appointment of the chair by the Mayor with approval of City Council.  Mayor David Wallace.

Animal Advisory Board | Video Snippet | Status: Passed

THE MAYOR AND CITY COUNCIL RESERVE THE RIGHT, UPON MOTION, TO SUSPEND THE RULES TO CONSIDER BUSINESS OUT OF THE POSTED ORDER. 

IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO ANY OTHER EXECUTIVE SESSION AT ANY TIME DURING THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED ABOVE, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTIONS 551.071 (CONSULTATION WITH ATTORNEY); 551.072 (DELIBERATIONS ABOUT REAL PROPERTY); 551.073 (DELIBERATIONS ABOUT GIFTS AND DONATIONS); 551.074 (PERSONNEL MATTERS); 551.076 (DELIBERATIONS ABOUT SECURITY DEVISES); AND 551.087 (ECONOMIC DEVELOPMENT).

IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY, (281) 275-2730.  REQUESTS FOR SPECIAL SERVICES MUST BE RECEIVED FORTY-EIGHT (48) HOURS PRIOR TO THE MEETING TIME.  REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS.  CITY HALL IS WHEEL CHAIR ACCESSIBLE AND A SLOPED CURB ENTRY IS AVAILABLE AT THE MAIN ENTRANCE, WITH SPECIALLY MARKED PARKING SPACES NEARBY.  THE COUNCIL CHAMBER IS WHEELCHAIR ACCESSIBLE AND SPECIAL SEATING IS PROVIDED.  HEARING ASSISTANCE IS AVAILABLE AND THE FACILITY IS EQUIPPED WITH A HEARING ASSISTANCE SYSTEM.

Glenda Gundermann, City Secretary

(SEAL)
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Approved For Posting:

Allen Bogard, City Manager

Posted this September 14, 2007 at 6:30 O’clock P.M.

ADDENDUM TO THE AGENDA

TUESDAY, SEPTEMBER 18, 2007

CITY COUNCIL MEETING

5:30 O’CLOCK P.M.

CITY COUNCIL CHAMBER

(SEAL)
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_______________________________
Allen Bogard, City Manager