City Council

Agenda Request

Agenda Of:

November 07, 2006

Agenda Request No:

III K

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 October 17, 2006

Approve Minutes

Exhibits:

Minutes October 17, 2006

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 October 17, 2006.

 

Exhibits

 

STATE OF TEXAS

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COUNTY OF FORT BEND

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CITY OF SUGAR LAND

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CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

TUESDAY, OCTOBER 17, 2006

 

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 Tuesday, October 17, 2006 at 5:35 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 5:35 o’clock P.M.

 

INVOCATION

 

Council Member Michael Schiff delivered the invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

RECOGNITIONS

 

TEXERCISE 2006-2007

 

Mayor Wallace stated Governor Perry’s initiative to promote better health for all Texans includes “Texercise,” a statewide fitness program for seniors.  October has been designated as Physical Therapy Month to stress the importance of preventative health measures and area physical therapists are being recognized for their role in the physical wellbeing of citizens of all ages.  Proclamations were presented to representatives of Fort Bend Seniors Meals on Wheels, Houstonian Lite, Sugar Land Oaks, Silverado, Sugar Land Senior Center, Atria Senior Living, YMCA Fort Bend, YMCA TW Davis, Camden Royal Oaks, Terrance at First Colony, Greatwood Retirement and Sugar Land Health Center. Ms. Nicole Volek was recognized for her long term involvement with “Shape Up Sugar Land” and credited for involving the senior community.  The Mayor proudly noted that the City of Sugar Land has garnered the designation as “Texas Fittest City” the past three years and praised the senior community on their efforts to stay fit.

 

RECOGNITION OF BOY SCOUTS

 

Mayor Wallace recognized members of Boy Scout Troop 148, Sugar Mill, with whom he met earlier who were in attendance to earn the citizenship merit badge. 

 

PUBLIC COMMENT

 

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

 

REVIEW OF CONSENT AGENDA

 

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

 

CONSENT AGENDA

 

Mayor Wallace introduced consideration on III A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1589 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, APPROVING A CHANGE OF ZONING FOR 27.292 ACRES OF LAND LOCATED AT THE INTERSECTION OF STATE HIGHWAY 6 AND UNIVERSITY BLVD FROM ZONING DISTRICT CLASSIFICATION R-1 (INTERIM STANDARD SINGLE-FAMILY RESIDENTIAL) TO ZONING DISTRICT CLASSIFICATION PD (PLANNED DEVELOPMENT) AND APPROVING A FINAL DEVELOPMENT PLAN FOR THE DISTRICT; III B) CITY OF SUGAR LAND RESOLUTION NO. 06-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, CONSENTING TO THE CHANGE OF CONTROL OF OWNERSHIP INTEREST OF THE CITY’S CABLE SYSTEM FROM TIME WARNER, INC. TO COMCAST CORPORATION; III C) CITY OF SUGAR LAND RESOLUTION NO. 06-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE CITY OF SUGAR LAND FISCAL YEAR 2006-2007 WORK PLAN; III D) Authorizing Purchase in the amount of $29,350.84 from SHI-Government Solutions through Texas Department of Information Resources Cooperative for Novell Master License software maintenance renewal, III E) Authorizing Purchase in the amount of $52,108.00 from G. T. Distributors, Incorporated through State of Texas Purchasing Contract for 70 police patrol rifles; III F) Authorizing execution of a Contract in the amount of $124,466.00 with Charles K. Colby dba Airflow Systems Southwest of Houston for vehicle exhaust removal systems for Fire Station No. 2, 3, 4 5, and 6; III G) Authorizing execution of Agreements by and between the City of Sugar Land and Fort Bend County for emergency medical housing services for Fire Station No. 2 and Fire Station No. 6; III H) Authorizing execution of a Sub-Recipient Grant Agreement in the amount of $77,000.00 with Fort Bend Community Revitalization Projects (CORPS) for the 2007 Community Development Block Grant program; III I) Authorizing execution of an Interlocal Agreement in the amount of $20,000.00 with Houston Galveston Area Council for State Highway 6 access management study; III J) Authorizing execution of a one-year On-Call Contract in an amount not to exceed $50,000.00 with Uretek USA through our Fort Bend County Interlocal Agreement for concrete street raising services; III K) Authorizing execution of a Contract in an amount not to exceed $58,358.00 with Keep Sugar Land Beautiful for services and environmental and educational events for the period October 01, 2006 through September 30, 2007; III L) Authorizing execution of a Lease Agreement in the amount of $73,678.80 through Texas Building and Procurement Commission Cooperative Purchasing Program for twenty-three photocopier rentals for the period October 2006 through September 2007; III M) Approval of the minutes of the regular meeting of October 03, 2006.

 

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

 

BONDS

 

BURNEY ROAD MUD $3.8 mILLION UNLIMITED TAX BONDS, SERIES 2006

 

Mayor Wallace introduced consideration on approval of Burney Road Municipal Utility District, $3,800,000 Unlimited Tax Bonds Series 2006.

 

Ms. Jennifer Brown, Assistant Fiscal Services Director, stated the District comprises 1,142 homes on 445 acres within the City limits; the bond issue will fund construction of water, wastewater and drainage projects, developer interest and administrative costs.  The issuance represents the fourth and final issue by the District; and infrastructure is in place to allow full development.  The bonds will be sold on October 23rd with a term of 20 years; issuance meets the City Development Code.  Preliminary debt service schedules show an average of $1,137,897 with a maximum debt service requirement of $1,140,743 in 2019.  The District was upgraded by Standard and Poor to triple B plus which will allow the bonds to be insured under triple A grading.  In 2006 the City implemented a tax rebate agreement with the District that has lowered the tax rate for citizens from 65 cents to 35 cents.  The District is an in-city district however the bonds will not impact calculations for City debt ratings unless the City decided to dissolve the District.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Jones, made a motion to approve Burney Road Municipal Utility District, $3,800,000 Unlimited Tax Bonds, Series 2006.  The motion carried unanimously.

 

CONTRACTS AND AGREEMENTS

 

EMPLOYEE MEDICAL, DENTAL AND VISION BENEFIT AGREEMENTS

 

Mayor Wallace introduced consideration on an Agreement in an amount not to exceed $4,035,729 with Aetna Insurance for the 2007 Plan Year employee medical benefits; an Agreement in an amount not to exceed $81,941.00 with Safeguard Insurance for employee dental benefits; and employee vision benefits. 

 

Ms. Mary House, Human Resources Director, stated proposals were solicited for employee medical and dental/vision insurance contracts, which is mandatory every three years; renewal is required annually due to the number of claims.  Mr. Robert Treacey, Consultant, assisting with analysis and the RFP process was present.  The RFP process considers costs and other factors and provides for cost negotiation.

 

Since 1997 there have been three health insurance providers:  NylCare, Methodist/UniCare and Aetna.  The City has been fortunate in recent years in that annual cost increases have been below the area market by 4 %. Disease management is the latest strategy in keeping health care costs down and involves an integrated data sharing process between physicians, pharmacists and nurses.  Claim information is mined to determine if individuals are trending toward future illness which is then communicated back to patients to facilitate management of their current and future health. 

 

Proposals were received from Aetna, Cigna, Humana, United Healthcare, and Blue Cross Blue Shield.  United Health was the most costly bid at $4.2 million with no HMO which 85% of employees request.  Humana, the low bidder, has a high physician disruption rate, network discounts are not as favorable, and the prescription plan is not comparable.  The disruption rate is calculated by comparing company claims.

 

Comparisons between the two top submissions, Aetna and Cigna, yielded the following:  the Cigna bid is $80,000 less; Aetna has 2,367 doctors in the Fort Bend area compared to Cigna’s 1,266; Aetna has 64 doctors that are the most utilized and employees have expressed high confidence in Aetna. 

 

Aetna, the current provider leads the industry in disease management scrutinizing up to 30 different medical conditions and has captured a data base on City employees for the past three years.  Human Resources will expand the current wellness initiative utilizing disease management history.  Cigna emphasizes disease management but would have to create a database for the City workforce over time.  A 12% increase was projected for the employee health package; utilizing Aetna would entail a 7.5% increase; Staff recommends that Aetna remain the City medical provider.

 

A self-funded plan is not proposed at this time due to favorable rates for full insurance coverage.  As a result of the high degree of competition in the health insurance market, insurance companies do not share the disease management data bases they compile on employees.

 

Bids were received from Delta, Aetna, CompBenefits, Cigna, Safeguard, and National Pacific for dental/vision insurance.  The low bidder, National Pacific, has high out of pocket costs.  Safeguard charges $9,473 less than the current provider, CompBenefits, and offers more benefits with minimal disruption in dentists.  Employees are very dissatisfied with the current provider, therefore, Safeguard is recommended as the dental insurance provider with the best value.  Safeguard bundles vision with dental for a low monthly premium, which is voluntary and paid for by the employee allowing for discounts and co-pays for annual exams, lenses and frames.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Abraham, made a motion to approve an Agreement in an amount not to exceed $4,035,729 with Aetna Insurance for the 2007 Plan Year employee medical benefits; authorizing an Agreement in an amount not to exceed $81,941.00 with Safeguard Insurance for employee dental benefits; and authorizing employee vision benefits.  The motion carried unanimously.

 

LEASE AGREEMENT FOR AIRPORT COFFEE SHOP

 

Mayor Wallace introduced consideration on a Lease Agreement by and between the City of Sugar Land and CoffeeWorks for Sugar Land Regional Airport coffee shop. 

 

Mr. Phillip Savko, Aviation Director, stated the new terminal has three retail spaces, one of which is designated as a coffee shop.  On behalf of the City, Curtice Commercial Real Estate solicited proposals for the 277 square foot space and recommends CoffeeWorks.  The lease specifies the sale of CoffeeWorks branded merchandise such as gourmet coffee, beverages, and high-end breakfast and lunch menu items which will require approval by the City Manager.  In-flight catering is currently ordered from Intercontinental Airport and carries a significant delivery charge; this addition will provide an alternative as well as service business meetings at the terminal. 

 

The lease agreement provides for an initial three-year term at $900 per month with a concession fee of 10% of monthly gross sales above $9,166.  Hours of operation call for a minimum from 6:00 a.m. to 5:00 p.m. Monday through Friday and 6:00 a.m. to 12:00 p.m. on Sundays with an option to close Saturdays.  The company will spend in excess of $30,000 on improvements to the lease site.  The City receives 10% of the total bill for facilitating in flight catering through Intercontinental Airport and the same arrangement has been made with CoffeeWorks.  The lease agreement provides for insurance. 

 

Following a full and complete discussion, Council Member Abraham, seconded by Council Member Hosley, made a motion to approve a Lease Agreement by and between the City of Sugar Land and CoffeeWorks for Sugar Land Regional Aiport coffee shop.  The motion carried unanimously.

 

TELFAIR SURFACE WATER PUMP STATION

 

Mayor Wallace introduced consideration on bid evaluation and a Contract in an amount not to exceed $397,605.80 with Deep South Construction, Incorporated for Telfair Surface Water Pump Station construction. 

 

Mr. Mike Hobbs, Public Works Director, stated the project was previously advertised for bid but because the bids came in over budget the project was re-bid.  The language in the initial bid packet was redefined by the engineer at no charge for the re-bid resulting in receipt of three bids.  The low bidder was Deep South Construction, Inc. for $397,605.80, which was $80,000 less than the previous bid.  The scope of construction includes a submersible raw surface water pump station and 1,100 linear foot supply line near SH 6 and Brooks Street crossing SH 6 and Ditch “H” to the northeast edge of the Telfair development.  Completion of the 190 day project will facilitate transfer of raw surface water from Oyster Creek to Telfair for landscape irrigation and filling detention lakes thereby providing subsidence district credits for the mandated Groundwater Reduction Plan.  City cost will be reduced by options such as downsizing or delay of construction of the future surface water plant, or credits for use in future years.  Using raw surface water will cost about $300,000 per year less than it would cost to produce the same amount of treated surface water and the savings or cost avoidance will be realized annually.  Completion is expected in May 2007.  Maintenance will be handled by Deep South in the same manner as lift stations.  Being the first pump of its kind, maintenance is expected to be higher than lift stations due to debris in the water; the pump has been designed with an additional filtering device and cleaning system.  The water will be metered for reimbursement to Water Control and Improvement District No. 1

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Jones, made a motion to approve a Contract in an amount not to exceed $397,605.80 with Deep South Construction, Incorporated for Telfair Surface Water Pump Station construction.  The motion carried unanimously.

 

INTELLIGENT TRANSPORTATION SYSTEM FIVE YEAR OPERATIONS PLAN

 

Mayor Wallace introduced consideration on a Contract in the amount of $232,441.00 with Naztec ITS partnering with Cisco Systems and ARINC for development of an Intelligent Transportation System Five Year Operations Plan. 

 

Mr. Michael Leech, Assistant Public Works Director, presented an overview stating the goal of the contract is to provide a five year plan to ensure Sugar Land traffic management is the best in the country.  The automated system known as adaptive traffic technology will provide a smart corridor system to detect and correct congestion real time utilizing Intelligent Transportation Systems (ITS) that encompass a broad range of wireless and wire-line communications-based information, control and electronics technologies.  When integrated into transportation system infrastructure, these technologies monitor and manage traffic flow, reduce congestion, provide information to travelers, enhance productivity, and enhance safety and efficiency of the roadway network.  The wired and wireless devices the Traffic Operations Division presently uses to communicate with traffic signals is an ITS application as are the preemption devices the Fire Department uses to change traffic signal operations to give priority to their vehicles in emergency cases.  Our traffic cameras are another example of the ITS program.  The technology will ultimately encompass all City intersections and the information will be made available for public consumption for ease in traversing the City.  The state of the art software will be tailored to the US 90A corridor including the Union Pacific train tracks as it relates to cueing and sensors will be employed from Stafford to New Territory.  Naztec ITS Inc., a Sugar Land firm, was selected by way of the RFP process as consultant for the project and has assisted Staff on past projects.  Naztec was selected because of the partnership formed with Cisco Systems and ARINC.  Cisco Systems will provide expertise in the data management and transmission assessment while ARINC will provide system assessment expertise.  Both firms have excellent reputations and the project is due for completion within eight months and recommendations could then be ready for inclusion in the 2008 - 2012 CIP.

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Jones, made a motion to approve a Contract in the amount of $232,441.00 with Naztec ITS partnering with Cisco Systems and ARINC for development of an Intelligent Transportation System Five Year Operations Plan.  The motion carried unanimously.

 

PUBLIC HEARING

 

CUP FOR CHURCH EXPANSION ON AUSTIN PARKWAY

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on a Conditional Use Permit to expand a church building located at 2011 Austin Parkway.

 

Mr. Travis Tanner, Planner, stated the site consists of five acres located at Austin Parkway and Grants Lake.  The Planning and Zoning Commission provided direction to staff and the applicant with regard to concerns on parking and phasing of the project prior to unanimous approval based on conditions as follows:

 

 

Staff concluded that the expansion is compatible and appropriate under the conceptual site plan and the proposed phasing.  The request is also not in conflict with the Future Land Use Plan or any other elements of the Comprehensive Plan.

 

Mr. Jeff Anderson, Executive Director, Fishers of Men, 5006 Kingsland Court, stated he concurs with the recommendations and expressed appreciation to Staff for the guidance received during the process.

 

Mayor Wallace entertained comments from the public; hearing none the Public Hearing was closed.

 

ORDINANCE NO. 1593 – CUP FOR EXPANSION OF EXISTING BUILDING ON AUSTIN PARKWAY

 

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1593 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING BUILDING LOCATED AT 2011 AUSTIN PARKWAY. 

 

Mr. Travis Tanner, Planner, stated one informational inquiry was made during the Public Hearing process.

It was suggested that square footage be defined for the 600 seat sanctuary.  The number of seats is tied to parking requirements under the Development Code; if additional land was needed for ancillary buildings approval would be required from City Council because approval of this Ordinance is tied to the site plan. 

 

Following a full and complete discussion, Council Member Hosley, seconded by Council Member Jones, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1593 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING BUILDING LOCATED AT 2011 AUSTIN PARKWAY.  The motion carried unanimously.

 

PUBLIC HEARING

 

cup expiration amendment

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on an amendment to Sugar Land Development Code, Chapter Two, Article I, amending conditional use permit expiration provisions.

 

Mr. Danny Batts, Management Assistant, presented an overview stating the amendment is City-initiated based on two primary criteria by the City Council Development Code Task Force:  1) fairness to medium and long term multi-phase projects that span more than two years, and 2) reasonable trigger points.

 

Currently under “default” CUP expiration provisions applicants must begin construction within one year and completely finish the project within two.  The amendment better addresses multi-phase and large scale projects by allowing applicants up to two years to apply for building permits once the CUP was granted, and up to five years to apply for additional building permits for multi-phase projects.  The trigger points for CUP expiration would change from construction completion for current regulations to building permit application.  The amendment is consistent with State statutes related to issuance of local permits.  

 

The Planning and Zoning Commission unanimously recommends approval.

 

Mayor Wallace entertained comments from the public; hearing none the Public Hearing was closed.

 

ORDINANCE 1592 – DEVELOPMENT CODE AMENDMENT FOR CUP EXPIRATION

 

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1592 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING THE SUGAR LAND DEVELOPMENT CODE BY AMENDING CONDITIONAL USE PERMIT EXPIRATION PROVISIONS.

 

Council voiced concerns regarding the timeframe being open ended.  The intent of the amendment is to grant flexibility to those entities such as churches for phased projects by relaxing the requirement to appear before City Council requesting a CUP for the second and third phases of the same project.

 

Following a full and complete discussion, Council Member Hosley, seconded by Council Member Jones, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1592 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING THE SUGAR LAND DEVELOPMENT CODE BY AMENDING CONDITIONAL USE PERMIT EXPIRATION PROVISIONS.  The motion carried unanimously.

 

PUBLIC HEARING

 

REINVESTMENT ZONE 2006-06 FOR 82.24 ACRES IN INDUSTRIAL PARK

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on creation of Reinvestment Zone 2006-06 for 82.24 acres of land located near West Airport Boulevard and Gillingham Lane in Sugar Land Industrial Park. 

 

Ms. Regina Morales, Economic Development Director, stated Reinvestment Zone 2006-06 is being created for a wholesale distribution project of consumer goods.  The project consists of a Phase I 299,346 square foot facility on 17.665 acres with an economic impact of $21 million and 20 new jobs.  Phase II would include a 315,284 square foot facility on 17.862-acres with an economic impact totaling $25 million and 60 new jobs within five years.  The City will realize $88,000 annually in taxes over the life of the abatement.  Full build out of both sites is expected to produce over $47 million in new capital investments and create 80 jobs. 

 

This proposed zone has unique characteristics as the two projects are on two different parcels of land; over sizing of the zone is based on County requirements to establish a contiguous reinvestment zone. 

 

Additional land has been included in Reinvestment Zone 2006-06 to create an inclusive contiguous zone between both the 17.665-acre site on West Airport and the 17.862-acre site on Gillingham Lane.

 

Mayor Wallace entertained comments from the public; hearing none the Public Hearing was closed.

 

ORDINANCE 1591 – REINVESTMENT ZONE NO. 2006-06 FOR 82.24 ACRES IN INDUSTRIAL PARK

 

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1591 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, CREATING REINVESTMENT ZONE NO. 2006-06 FOR 82.24 ACRES OF LAND LOCATED NEAR THE INTERSECTION OF WEST AIRPORT BOULEVARD AND GILLINGHAM LANE IN THE SUGAR LAND INDUSTRIAL PARK. 

 

Following a full and complete discussion, Council Member Hosley, seconded by Council Member Schiff, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1591 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, CREATING REINVESTMENT ZONE NO. 2006-06 FOR 82.24 ACRES OF LAND LOCATED NEAR THE INTERSECTION OF WEST AIRPORT BOULEVARD AND GILLINGHAM LANE IN THE SUGAR LAND INDUSTRIAL PARK.  The motion carried unanimously.

 

VARIANCE

 

SUGAR LAND DESIGN STANDARDS FOR DRIVEWAY SEPARATION REQUIREMENTS

 

Mayor Wallace introduced consideration on a Variance to Sugar Land Design Standards for driveway separation requirements for the Tramontina facility, 1400 Gillingham Lane. 

 

Mr. Patrick Walsh, Interim City Engineer, stated Tramontina USA, Inc. has requested a variance to accommodate a proposed driveway to serve expansion of an existing building; approval will eliminate two existing driveways. Tramontina, Thermo Electron and Inland Real Estate have agreed to share a common drive.  The original site plan contained a driveway proposal that met design standards; which was not constructed due to a curved drive alignment that would be difficult for large trucks to maneuver.  The consolidated driveway will not meet the opposite-side driveway separation standard however the reduced number of driveways improves safety and mobility.  A clear line of sight between the two drives exists and a stop sign will be installed at the driveway approach to ensure that motorists exiting the shared access driveway will observe traffic exiting the Suntron driveway to the south.  The driveway will meet all same-side driveway separation standards.

 

Tramontina, Thermo Electron Corporation and Inland Real Estate Acquisitions, Inc., owner of the Thermo facility, have reached agreement on the shared access easement agreement subject to the variance being granted.  Elimination of the existing Thermo driveway and the recordation of a shared access easement for the consolidated driveway will be conditions for a permanent certificate of occupancy for the Tramontina expansion.  The Tramontina engineer has provided a letter supporting the variance. 

 

The City will authorize installation of an additional stop sign at the Suntron driveway.

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Parmer, made a motion to approve a Variance to Sugar Land Design Standards for driveway separation requirements for the Tramontina facility, 1400 Gillingham Lane.  The motion carried unanimously.

 

ORDINANCES AND RESOLUTIONS

 

ORDINANCE NO. 1590 – CHANGES TO SINGLE MEMBER DISTRICTS BOUNDARIES

 

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1590  AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING CHANGES TO THE CITY’S SINGLE MEMBER DISTRICT BOUNDARIES; ADDING LAND ANNEXED BY ORDINANCE NO. 1431 TO THE SINGLE MEMBER DISTRICTS; AMENDING SECTION 2-3 OF THE CODE OF ORDINANCES RELATING TO THE DISTRICT BOUNDARIES; AND REPEALING ORDINANCE NO. 1376. 

 

Mr. Joe Morris, City Attorney, stated the Ordinance implements redistricting required by the annexation of Fort Bend County Municipal District No. 113 in December 2005.  The boundary between Districts 3 and 4 is revised to place 929 persons (667 voters) located in the District 4 Austin Park subdivision into District 3.  The plan reduces the total maximum deviation of the Districts from 13% to 8.3%, which is under the maximum of 10% allowed by law.  The Ordinance places 1,993 acres of the Telfair development annexed in 2004 into Single Member Districts No. 2 and 3.  Land south of U.S. 59 is placed into District No. 3; land north of U.S. 59 is in District No. 2; the strip of land south of U.S. 90A previously included in District No. 1 is moved to District No. 2 to facilitate U.S. 90A as the dividing line.  The southern portion of the Telfair tract containing 350 acres south of U.S. 59 and east of University is placed in District 3.

 

On final adoption the Ordinance will be submitted to the U.S. Department of Justice as required by Federal law.  The County will adjust the voting precincts to comply with the changes following the November elections.

 

Mayor Wallace expressed appreciation to Council Members Jones and Schiff for their diligence in working with staff on the process.

  

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Jones, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1590 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING CHANGES TO THE CITY’S

SINGLE MEMBER DISTRICT BOUNDARIES; ADDING LAND ANNEXED BY ORDINANCE NO. 1431 TO THE SINGLE MEMBER DISTRICTS; AMENDING SECTION 2-3 OF THE CODE OF ORDINANCES RELATING TO THE DISTRICT BOUNDARIES; AND REPEALING ORDINANCE  NO. 1376.  The motion carried unanimously.

 

RESOLUTION 06-44 – POLICY FOR ACCEPTANCE OF CAPITAL DONATIONS

 

Mayor Wallace introduced consideration on CITY OF SUGAR LAND RESOLUTION NO. 06-44  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A POLICY FOR ACCEPTING CAPITAL DONATIONS TO THE CITY OF SUGAR LAND. 

 

Ms. Karen Glynn, Assistant City Manager, stated a Strategic Policy Project has been underway to develop a policy for City acceptance of capital donations.  A policy is in place for acceptance of event and program donations.

 

Capital donations are defined as physical, enduring, provide long term value, achieve a stated objective and would include, but not be limited to assets, land and cash.  The policy for accepting capital donations includes an analysis, an agreement and acceptance authority.  Prior to acceptance the criteria would be analyzed for added value, added demands, consistency with goals, the Comprehensive Plan and the Master Plan.  The agreement would address the description, timeframe, method of recognition, general expectations and ongoing expectation of the donor and financial implications.  The City Council will be the authority for acceptance and approval.  There could exist a future opportunity for solicitation of capital donations through the current quality of life projects such as the Heritage and Cultural Arts Projects.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Parmer, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 06-44  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A POLICY FOR ACCEPTING CAPITAL DONATIONS TO THE CITY OF SUGAR LAND.  The motion carried unanimously.

 

adoption of legislative agenda for upcoming state legislature

 

Mayor Wallace introduced consideration on CITY OF SUGAR LAND RESOLUTION NO. 06-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 80TH SESSION OF THE TEXAS LEGISLATURE. 

 

Mr. Dale Rudick, Intergovernmental Relations Director, stated the importance of a program to monitor and respond to proposed State legislation that has the potential to impact the City.  The Resolution is a result of an earlier draft legislative agenda prepared for the upcoming 80th Texas Legislature in January 2007.

 

The agenda has general categories with accompanying background and the City position with direction to Staff on what to monitor and how to respond.  The legislative process is a very dynamic process therefore it is possible Council will at some time in the future amend the stated positions as necessary. 

 

Mayor Wallace read for the record:

 

“Section 3:  That it expects elected representatives of state government to fully understand the implications of legislation they act upon to ensure there are no negative impacts on the community and to strongly support and take all actions necessary in furtherance of the attached legislative agenda, as it may be amended from time to time.” 

 

City Council intent is to send a clear message to Legislators regarding their duty to act responsibly and to recognize the City Council duties to the citizens.

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Jones, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 06-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 80TH SESSION OF THE TEXAS LEGISLATURE.  The motion carried unanimously.

 

RESOLUTION 06-47 – NAMING THE BRAZOS RIVER PARKLAND

 

Mayor Wallace introduced consideration on CITY OF SUGAR LAND RESOLUTION NO. 06-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, NAMING THE BRAZOS RIVER PARKLAND. 

 

Ms. Karen Glynn, Assistant City Manager, stated that as requested at the September 19th City Council meeting the Parks and Recreation Policy Advisory Board presented recommendations for naming the Brazos River Parkland.  The Parks Board Chair appointed the Brazos River Parkland Naming Committee comprised of Parks Board Members Tony Talamini, Michelle Wohlwend, and André McDonald.  The recommendation for naming the Parkland encompassing 3,600 acres of flood way property within the corporate limits was:

 

 

City Council expressed interest in further discussion prior to action and expressed appreciation to the Naming Committee for their labor intensive effort. 

 

Subsequently Resolution 06-47 was prepared with the recommendations of:

 

 

Mayor Wallace recognized the Committee members in the audience, Andre McDonald, Tony Talamini and Michele Wohlwend, acknowledging their countless hours of research in arriving at the recommendation and thanking them for their recommendation.

 

Because the current recommendation had not been communicated to the Naming Committee prior to the meeting Mr. McDonald was invited to comment.  He stated the Naming Committee forwarded their best recommendation as a result of study, investigative work, taking in historical perspectives, to arrive at a theme and perhaps the Committee did not adequately communicate the reasoning behind the selection process and the depth behind the recommendation.

 

City Council consensus was to provide the Naming Committee with an opportunity to re-consider their recommendation; noting that the delay would not adversely affect or delay any necessary decisions to be made.  It was noted that recommendations from citizen advisory committees are recommendations and are not to be construed as final as that is prerogative of City Council.

 

Following a full and complete discussion, Mayor Wallace, seconded by Council Member Schiff, made a motion to table CITY OF SUGAR LAND RESOLUTION NO. 06-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, NAMING THE BRAZOS RIVER PARKLAND.  The motion carried unanimously.

 

workshop

 

ANIMAL CONTROL FACILITY AND SERVICES

 

Mayor Wallace introduced discussion on animal control facility and services. 

 

Mr. Mike Goodrum, Community and Environmental Director, stated as requested a plan has been developed to determine what expanded animal control services would best serve the City.  The project timeline consist of community input from October through January, design of a facility in February with subsequent construction.  Staff recommends the creation of a shelter task force consisting of nine members selected from the pool of existing active citizen volunteers, such as the Animal Control Advisory Board, Sugar Land 101 graduates, and citizens who have expressed an interest. 

 

Mayor Wallace expressed appreciation for expediting the matter while inquiring how members of the task force would be chosen.  Mr. Bogard requested input from the Mayor and Council Members stating he will make the appointments.  The existing location adjacent to Public Works will house the new facility.  City Officials will field calls and inquiries from citizens as no Public Hearing is required.

 

NEIGHBORHOOD PARKS

 

Mayor Wallace introduced discussion on neighborhood parks. 

 

Mr. Joe Chesser, Assistant Parks and Recreation Director, stated in May 2006 First Colony Settlers Park HOA offered to donate a 2.44 acre neighborhood park known as Mesquite Park.  Historically, HOA’s have played a significant role in providing neighborhood parks in the City and ETJ.

 

Mesquite Park, platted with the subdivision in 1977 includes a playground, benches, concrete walkway, trees, and security lighting, is located along the potential Hike and Bike Trail.  It has been maintained by the HOA.  The annual maintenance is $20,827 with $4,410 set aside for capital repairs and improvements. 

 

Within a one half mile radius are two City-owned neighborhood parks – Settlers Way Parkland and Colony Bend Park, which are considered day use parks with playgrounds, picnic facilities, and room for field and court games.  There is no activity lighting and limited parking.  There are eleven City-owned neighborhood parks and eleven of the 39 HOA parks meet the City definition of a neighborhood park.  The stated City role and responsibility is to achieve balance of land use or the ratio of parkland to population and to preserve and protect open space. 

 

A policy is proposed for the City to enter into donation agreements with HOA’s.  Specifications include the parks must be at least one acre, include no recreation amenities requiring ongoing substantial operation or maintenance unless the facility was previously identified as a community need, and no expenditure of capital funds required for at least two years.  The HOA responsibilities would include obtaining legal opinion that a donation is in accordance with HOA by-laws, stipulating the park would be a public park, and obtaining a consensus of the surrounding homeowners.  Next steps include contact with the eleven HOA’s and to bring back the Mesquite Park request with a budget adjustment for council action.  The park is in good shape requiring no capital improvements at this time.

 

If the City proceeded to accept the eleven HOA parks, maintenance would impact the budget next year by $250,000 to $300,000.  The concept would be in keeping with broadening the City role and overtake some of the responsibilities the HOA’s have been providing.  It is in keeping with the City goal of preserving and improving the aging segments of the community.  It is important to gain a positive consensus and vote from the individual homeowners with notification of important changes such as hours of operations, open to the public and the prohibition of alcohol.  Citizen safety is a Council goal in addition to a goal to acquire parks located on or near main arteries and not buried in residential areas; noting that there are non-residents who use City parks and recognizing the desire of citizens to not have strangers in their neighborhoods.

 

CITY COUNCIL CITY MANAGER REPORTS

 

CITY COUNCIL REPORTS

 

Mayor Wallace introduced reports from the Finance/Audit Committee, the Business Incentive Committee, and the Intergovernmental Relations Committee.

 

Council Member Schiff reported Parks Board met and discussed naming of the Brazos River Park, the possible acquisition of Mesquite Park and held an orientation for Board members; an orientation was held for Planning and Zoning and there will be additional offsite training for Commissioners.

 

Council Member Wong reported on the Intergovernmental Relations Committee meeting to discuss a lobbying firm contract, and Strategic Project Agreements with Greatwood and New Territory.  The HGAC Board met, with Messrs. Bogard and Rudick in attendance, to discuss the budget which generates $270 million per year for the organization based on membership dues leveraging a lot of money to the region.

 

Council Member Abraham reported that he will host the Quarterly HOA meeting in City Hall on October 19th.  Department Heads will be in attendance and he encouraged all citizens to attend at 6 pm.

 

Council Member Parmer reported the legislative agenda was discussed at the Intergovernmental Relations Committee.

 

CITY MANAGER REPORT

 

City Manager Bogard announced the ribbon cutting ceremony October 18th to celebrate the expansion of First Colony Mall.  The October 24th City Council Workshop has been cancelled due to the annual Texas Municipal League meeting being held in Austin October 25 – 27th.  He announced the Aviation Advisory Board would suspend meetings and the appointment of a new Chairman would be postponed until the role of that Board could be better defined.  Staff is preparing a recommendation which will be forthcoming for Council consideration. 

 

Fire Chief Dannie Smith introduced Mr. Patrick Hughes Emergency Management Coordinator who comes to the City with exceptional credentials. 

 

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