City Council

Agenda Request

Agenda Of:

january 02, 2008

Agenda Request No:

III G

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 december 18, 2007

Approve Minutes

Exhibits:

Minutes december 18, 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 December 18, 2007.

Exhibits

 

STATE OF TEXAS

§

COUNTY OF FORT BEND

§

CITY OF SUGAR LAND

§

 

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, december 18, 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 Tuesday, December 18, 2007 at 5:45 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

Donald G. Olson, 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 5:47 o’clock P.M.

 

INVOCATION

 

Council Member Olson delivered the invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

RECOGNITIONS

 

SUGAR LAND COMMUNITY FESTIVAL, INCORPORATED

 

Mr. Michael Schiff, Council Member and President of the Sugar Land Community Festival, Incorporated, (SLCF) stated the organization was incorporated in 1998 for the primary purpose of organizing an annual community festival within the City; and the Sugar Fests were held in 1998, and in 1999 and 2000 on the site that is now City Hall.  The members had a vision for an entertainment venue in the city; and now that the Visioning Task Force has identified opportunities for the entertainment venue, the activities of the SLCF have come to an end. The Board of Directors met on October 18, 2007 and voted unanimously to dissolve the corporation as their purpose was complete. 

 

At the final meeting, the Board approved a resolution to dissolve the corporation and pass the remaining $45,000 funds into the City of Sugar Land to continue the goals of the Visioning Project.  Mr. Schiff recognized the Board members and expressed appreciation for their service and contribution to the City.

 

PUBLIC COMMENT

 

Mayor Wallace introduced Public Comment and entertained registered speakers. 

 

Ms. Bev Carter, 1622 S. Gabriel, Sugar Land, owner of the Fort Bend Star and Fort Bend Business Journal, stated her disagreement with the decision to disallow the display of printed material in the vestibule or lobby area at City Hall and presented a list of points and rules for consideration.

 

REVIEW OF CONSENT AGENDA

 

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

 

Council Member Wong requested Item III.H, Sweetwater Lift Station, be pulled to the Regular Agenda.

 

CONSENT AGENDA

 

Mayor Wallace introduced III.A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1659 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM REHABILITATION FACILITY IN A BUSINESS-OFFICE DISTRICT; III.B)  SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1663 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING THE 8.397 ACRES OF LAND KNOWN AS TELFAIR SECTION 19 LOCATED SOUTH OF U.S. 90A AND IMMEDIATELY NORTH OF NEW TERRITORY BOULEVARD AS ZONING DISTRICT R-1, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT; III.C)  SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1667 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE CITY OF SUGAR LAND, TEXAS, AS REINVESTMENT ZONE NUMBER THREE, CITY OF SUGAR LAND, TEXAS; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND CONTAINING OTHER MATTERS RELATED THERETO; III.D)  SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1662 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE WATER MASTER PLAN 2007 UPDATE AS PART OF THE COMPREHENSIVE PLAN OF THE CITY OF SUGAR LAND;  III.E)  CITY OF SUGAR LAND RESOLUTION NO. 07-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING AN AMENDED CITY COUNCIL POLICY ON USING THE CITY SEAL AND CITY LOGO BY ADDING AN ENFORCEMENT PROVISION; III.F)  CITY OF SUGAR LAND RESOLUTION NO. 07-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, APPROVING THE SETTLERS WAY PARKLAND DEVELOPMENT PLAN; III.G)  CITY OF SUGAR LAND RESOLUTION NO. 07-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, RECOGNIZING THE VALUABLE SERVICES PROVIDED BY AND ACCEPTING FUNDS FROM THE SUGAR LAND COMMUNITY FESTIVAL, INC. AND DIRECTING THE FUNDS TO BE USED IN ACCORDANCE WITH THE GOALS OF THE VISIONING REPORT APPROVED BY THE CITY COUNCIL ON AUGUST 7, 2007, and approval of a budget adjustment in the amount of $45,463.00 to revenues and expenditures; III.I)  approval of a budget amendment in the amount of $228,271.00 for reimbursement to Greatwood Municipal Utility Districts for purchase of “Learning to be Water Wise” education kits from Fort Bend Subsidence District; III.J)  authorizing execution of a one-year Contract extension in an amount not to exceed $34,868.60 with G & K Services, Incorporated for uniform and mat rental services; III.K)  bid evaluation and Purchase in the amount $73,840.00 from NMC-Wollard for two airport tug vehicles; III.L) bid evaluation and authorizing execution of a Contract in an amount not to exceed $436,507.00 with Precision Site Works for 2008 Pavement Rehabilitation Project; III.M)  authorizing execution of a Contract in the amount of $198,080.00 with Houston Grotech Services for park landscape management services for the period February 01, 2008 through January 31, 2009; III.N)  approval of the minutes of the regular meeting of December 04, 2007. 

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Olson, made a motion to approve the Consent Agenda with the exception of Item III.H, which was pulled for separate consideration on the Regular Agenda.  The motion carried unanimously.

 

SWEETWATER LIFT STATION

 

Mayor Wallace introduced consideration of a Contract in an amount not to exceed $35,130.00 with TC&B, Incorporated for engineering and design services for Sweetwater Lift Station.  Council Member Wong  requested that the item be pulled to the Regular Agenda to recuse himself from the voting.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Olson, made a motion to approve a Contract in an amount not to exceed $35,130.00 with TC&B, Incorporated for engineering and design services for Sweetwater Lift Station.  The motion carried unanimously with the exception of Council Member Wong.

 

CONTRACTS AND AGREEMENTS

 

ACQUISITION OF SITE FOR FIRE STATION NO. 7

 

Mayor Wallace introduced consideration on a Contract in an amount not to exceed $75,000.00 with Newland Texas for acquisition of a 1.75 acre site for Fire Station No. 7. 

 

Mr. Mike Hobbs, Director of Public Works, stated as part of the city Development Agreement with Newland Texas, developer of Telfair, City was given the right to acquire a 1.5 acre tract for the same cost initially paid by Newland plus reasonable carrying costs. Acquiring the station site will satisfy conditions of the recently executed SPA with New Territory which specifies acquisition of a station site by January 2008. In working with Fire Department and Newland, the site selected is in the northeast quadrant of the intersection of New Territory Boulevard and Chatham Avenue.  The Development Agreement specifies a site of 1.5 acres; however, an architect retained by Fire to examine the site plan recommended that City acquire a site of 1.75 acres which is necessitated by a requirement to accommodate ingress and egress to the site and building by large fire apparatus.  Newland provided a price for the additional .25 acres, staff reviewed the cost with our land appraiser and is recommending acceptance of the purchase price.

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Abraham, made a motion to approve a Contract in an amount not to exceed $75,000.00 with Newland Texas for acquisition of a 1.75 acre site for Fire Station No. 7.  The motion carried unanimously.

 

APPOINTMENTS

 

HOUSTON-GALVESTON AREA COUNCIL

GENERAL ASSEMBLY AND BOARD OF DIRECTORS

 

Mayor Wallace introduced consideration on appointment of one member and one alternate member to Houston-Galveston Area Council General Assembly and Board of Directors for a term January 01, 2008 through December 31, 2008. 

 

Following a full and complete discussion, Mayor Wallace, seconded by Council Member Olson, made a motion to approve appointment of Council Member Wong as the primary member and Council Member Parmer as the alternate member to Houston-Galveston Area Council General Assembly and Board of Directors for a term January 01, 2008 through December 31, 2008.  The motion carried unanimously.

 

Mayor Wallace introduced consideration on appointment of one member and one alternate member to Houston-Galveston Area Council Transportation Policy Council for a term January 01, 2008 through December 31, 2008. 

 

Following a full and complete discussion, Mayor Wallace, seconded by Council Member Olson, made a motion to approve appointment of Council Member Parmer as the primary member and Council Member Wong as the alternate member to Houston-Galveston Area Council Transportation Policy Council for a term January 01, 2008 through December 31, 2008.  The motion carried unanimously.

 

PUBLIC HEARING

 

2007 SUGAR LAND HIKE AND BIKE TRAILS MASTER PLAN

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on adopting the 2007 Sugar Land Hike and Bike Trails Master Plan as a part of the Comprehensive Plan. 

 

Mr. Joe Chesser, Assistant Parks and Recreation Director, stated the plan identifies a system of off-street and on-street routes for recreation and mobility throughout the city.  The City Comprehensive Plan noted a need for an integrated mobility system in the City of Sugar Land and specifically identified the need for pedestrian and bicycle facilities as part of the mobility system and noted that trails are a real benefit for recreation and leisure for the citizens.  A citizen survey was commissioned as part of the Parks, Recreation and Open Space Master Plan and the citizen response was that trails were the number one outdoor recreation need in the city.  A Council Workshop was held on November 20 reviewing the Plan, and the following items were discussed: 1) Hours of Use -- Parks ordinance allows flexibility to set hours. Staff will develop a recommendation, and Council to provide input and approval. 2) Trail Widths – Site Specific, will be based on anticipated use/constraints. 3) Pedestrian Overpass – Staff will bring back at a future date.  Public notifications included: 1) Web site – Draft plan available since mid-September with a link to comment.  2) Sugar Land Today – Article in October/November issue advertised availability of plan on web. 3) Public Hearing notice in Fort Bend Star and City website.  Comments and inquiries were received as a result.

 

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

 

ordinance no. 1650 – 2007 hike and bike trails master plan

 

Mayor Wallace introduced FIRST CONSIDERATION:  CITY OF SUGAR LAND ORDINANCE NO. 1650 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE 2007 HIKE AND BIKE TRAILS MASTER PLAN AS A PART OF THE COMPREHENSIVE PLAN. 

 

Mr. Joe Chesser, Assistant Parks and Recreation Director, stated there were no further comments.

 

Following a full and complete discussion, Council Member Olson, seconded by Council Member Schiff, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1650 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE 2007 HIKE AND BIKE TRAILS MASTER PLAN AS A PART OF THE COMPREHENSIVE PLAN. The motion carried unanimously.

 

PUBLIC HEARING

 

AMENDMENT NO. 3 -  LAKE POINTE PLANNED DEVELOPMENT DISTRICT

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on Amendment No. 3 to Lake Pointe Planned Development District. 

 

Mr. Travis Tanner, Senior Planner, stated this is a request by Planned Community Developers (PCD) to amend the Lake Pointe Planned Development (PD) district ordinance. Purpose of the amendment is to provide specifically for townhome development of Lake Pointe Tract 2, Reserve “I” and Lake Pointe Section 2, Reserve “A”.  The current “Permitted Land Uses and Layout” and “General Layout” exhibit under the Lake Pointe PD allow for condo or townhome development of the two reserves and actually show a condo building footprint in Lake Pointe Section 2, Reserve “A”.  The amendment would take away the condo option for both reserves and would establish the layout for future townhome development.  Townhomes are an allowed use in the subject areas.  The requested amendment is essentially to the layout exhibit in the current PD ordinance.  The Planning and Zoning Commission unanimously recommended approval of the amendment to the Mayor and Council on November 13, 2007. 

 

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

 

ordinance no. 1670 – LAKE POINTE PLANNED DEVELOPMENT DISTRICT

 

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1670 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING THE FINAL PLAN FOR THE PLANNED DEVELOPMENT DISTRICT KNOWN AS LAKE POINTE TOWN CENTER BY REPLACING EXHIBITS B AND C WITH EXHIBIT B-C. 

 

Mr. Travis Tanner, Senior Planner, stated there were no further comments.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Abraham, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1670 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING THE FINAL PLAN FOR THE PLANNED DEVELOPMENT DISTRICT KNOWN AS LAKE POINTE TOWN CENTER BY REPLACING EXHIBITS B AND C WITH EXHIBIT B-C.  The motion carried unanimously.

 

ORDINANCES AND RESOLUTIONS

 

RESOLUTION NO. 07-48 – INTENT TO FINANCE EXPENDITURES

INCURRED FROM FUTURE TAX-EXEMPT OBLIGATIONS

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 07-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED TOTALING $14,427,000 FROM FUTURE TAX-EXEMPT OBLIGATIONS FOR DRAINAGE, TRAFFIC, WATER, SURFACE WATER AND WASTEWATER IMPROVEMENTS. 

 

Ms. Jennifer Brown, Assistant Fiscal Services Director, stated the city Fiscal Year 2008 Capital Improvement Program (CIP) includes projects funded from issuance of debt, and the 2007 CIP included projects funded from debt; however, the debt issuance was deferred due to project delays. The 2007 and 2008 CIP projects are being merged into several larger issues by type.  City plans to issue utility revenue bonds, general obligation bonds, and certificates of obligation to fund CIP projects, some of which are scheduled to begin prior to late spring 2008 sale.  Before expending funds on the projects, IRS regulations state the City must issue an “intent to reimburse” from future borrowings for project costs incurred prior to issuance of debt. City must declare its intent to reimburse expenditures within 60 days of awarding the contract. The total amount identified in the resolution is based on the anticipated project schedule compared to the anticipated date of the bond sale.  

 

At this time we anticipate issuing a total of $24.2 million in bonds, plus issuance costs.  There is $14.43 million in projects anticipated to be ready for contracts awarded prior to the bond sale; included in the $14.43 million is approximately $1 million for a new project that is included in the “intent to reimburse” because currently bond proceeds appear to be the best financing method. To facilitate progress on projects in the 2008 CIP, staff is requesting City Council approve Resolution 07-48 stating the City’s intent to reimburse these projects from the proceeds of the future debt issuance.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Jones, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 07-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED TOTALING $14,427,000 FROM FUTURE TAX-EXEMPT OBLIGATIONS FOR DRAINAGE, TRAFFIC, WATER, SURFACE WATER AND WASTEWATER IMPROVEMENTS.  The motion carried unanimously.

 

RESOLUTION NO. 07-52 – DEFERRED COMPENSATION PLAN

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 07-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, AGREEING TO ESTABLISH A DEFERRED COMPENSATION PLAN TO BE MADE AVAILABLE TO ALL EMPLOYEES AND ELECTED OFFICIALS PURSUANT TO SECTION 457 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 

 

Ms. Mary House, Director of Human Resources, stated the deferred compensation plan follows the IRS Code 457(b) that outlines the following factors involved in the plans: 1) a retirement investment program for state and local government employees, including council members; 2) involves employee or council salary; no governmental funds involved; 3) allows for deferral of income up to $15,500 a year before tax; 4) no withdrawals allowed unless under a proven hardship; 5) can roll money over to other 457 plans. Currently the city uses two companies--Nationwide and Dearborn & Creggs, and have received requests to add ICMA (International City/County Management Association-Retirement Corporation), which would be a third alternative for city employees.

 

Following a full and complete discussion, Council Member Abraham, seconded by Council Member Olson, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 07-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, AGREEING TO ESTABLISH A DEFERRED COMPENSATION PLAN TO BE MADE AVAILABLE TO ALL EMPLOYEES AND ELECTED OFFICIALS PURSUANT TO SECTION 457 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.  The motion carried unanimously.

 

RESOLUTION NO. 07-44 – ADOPTING CITY COUNCIL POLICY ON USE OF

MEETING ROOMS AND DISPLAY OF PRINTED MATERIAL AT CITY HALL

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 07-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A CITY COUNCIL POLICY ON THE USE OF MEETING ROOMS AND THE DISPLAY OF PRINTED MATERIAL AT CITY HALL. 

 

Mayor David Wallace stated regarding the use of meeting rooms at City Hall, initially when City Hall was built, the issue was discussed and a decision made to wait and see if there was a need from the community for use of the meeting rooms. City Council workshops and discussions were held that limited the meeting rooms to city use and city officials for official business in the City of Sugar Land, with the concern being that if it were open to every non-profit organization and other organizations, City could not set a limitation.   In Resolution No. 07-44, City established the following policy: A meeting room may only be used by the city or a city official for official business of the city, by another governmental entity for official business of the entity, or by a Federal, State, County, or local governmental official for matters relating to the official duties of the official. Certain procedures have been established in the resolution that involve reservations, cancellation notices, number of persons/legal occupancy limits.  

 

Regarding the display of printed material in the vestibule at City Hall, Mayor Wallace stated that over the last several years, the number of publications has increased dramatically by individuals placing various magazines, newspapers and other materials ranging from business cards to basically clutter-type material in the area. Magazines were placed in stands and left in stacks on the floor.  Discussions were held to modify the resolution that City now has to ensure the area is neat and uncluttered by limiting the area to allow only official City publications, notices required by law, and the City official newspaper as legal notices of the City are required to be published within.

 

Council discussion ensued concerning City limitations on content and number of publications, time manner restrictions, imposing reasonable restrictions on the clutter issue, revising the existing policy, enforcement issues; and Council agreed to table the item, bring it back in a Workshop for further discussion, and find a compromise to resolve the issue of printed material on display at City Hall.

 

City Attorney Morris stated that Council could pass the proposed resolution without the policy on display of printed material and remove any reference from the resolution.

 

Mayor Wallace stated the current policy concerning the display of printed material in the vestibule would remain in effect until after the Workshop meeting.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Schiff, made a motion to do as the City Attorney stipulated, to separate the two and pass the motion with regards to the meeting rooms only and come back and address this in a Workshop. The motion carried unanimously.

 

For clarification, Mayor Wallace restated the Motion was made for Resolution No. 07-44 to read in its entirety with the exception of any reference to the display of printed material in the vestibule.

 

RESOLUTION NO. 07-46 – BENEFITS AND COMPENSATION FOR COUNCIL MEMBERS

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 07-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ESTABLISHING BENEFITS AND COMPENSATION FOR COUNCIL MEMBERS. 

 

Mayor Wallace stated that the proposed resolution has made revisions to Council policy establishing the benefits and compensation for Council members. The policy has been updated to increase the car allowance for each Council member from $100 per month to $550 per month during his or her term of office.  Currently, the city reimburses Council members for mileage on trips outside of the Houston area. A clause has been added to the proposed resolution that will reimburse Council members for mileage for a trip of more than 100 miles one way at a reduced rate set by the IRS.  The proposed resolution maintains the current compensation levels for both the Mayor and individual City Council members at $1200 and $600 per month respectively.

 

Following a full and complete discussion, Mayor Wallace, seconded by Council Member Abraham, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 07-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ESTABLISHING BENEFITS AND COMPENSATION FOR COUNCIL MEMBERS.  The motion carried with (6) yeas and (1) nay.

 

resolution no. 07-43 – adopting city council policy - proclamations

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 07-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A CITY COUNCIL POLICY PERTAINING TO PROCLAMATIONS. 

 

Ms. Glenda Gundermann, City Secretary, stated the goal of a proclamation is to recognize and celebrate the extraordinary achievements of citizens, non-profit organizations, to honor occasions of importance and significance, and to increase public awareness on issues that improve the well being of the citizens of the city.  Hundreds of proclamations and certificates of recognition are issued each year; this past year over 2,000 proclamations and recognitions of people within our community were distributed.  Great pride is taken in acknowledging the hard work of people and groups that have contributed so much to the City.

 

Resolution No. 07-43 was written with the thought that proclamations are to acknowledge significant events, contributions, or special events honoring individuals or organizations that touch the lives of citizens in Sugar Land.  The resolution establishes guidelines for signature, types of proclamations issued, procedure for requesting, and the procedure for distribution.

 

Following a full and complete discussion, Council Member Olson, seconded by Council Member Jones, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 07-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A CITY COUNCIL POLICY PERTAINING TO PROCLAMATIONS.  The motion carried unanimously.

 

workshop

 

TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II

AND STORMWATER MANAGEMENT PROGRAM

 

Mayor Wallace introduced discussion on the Texas Pollutant Discharge Elimination System Phase II permit requirements and the draft Stormwater Management Program. 

 

Mr. Adam Smith, Environmental Manager, stated The Texas Commission on Environmental Quality (TCEQ) adopted the Texas Pollutant Discharge Elimination System (TPDES) general permit at the August 8, 2007 Commissioners Meeting. This long-anticipated mandate requires the City, as an operator of a small municipal separate storm sewer system (MS4), to become permitted to discharge storm water to surface waters of the state. To obtain a permit, the City must prepare and submit a 5-year Storm Water Management Program (SWMP) in accordance with specific requirements to the TCEQ no later than February 11, 2008. The SWMP must be developed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable and to protect water quality.  In anticipation of the proposed permit, staff prepared a SWMP that was adopted by City Council as a Pre-Final Plan at the September 7, 2004 City Council meeting. The TCEQ did not issue the permit in 2004 as expected and instead spent an additional three years modifying permit requirements. Much has changed in the last three years, and the Pre-Final Plan has been revised to reflect these changes. 

 

The MS4, or municipal separate storm sewer system, is defined by the TCEQ as a publicly owned conveyance or system of conveyances designed to transport storm water runoff. A conveyance is anything that has to do with flood control or that holds storm water, such as curbs, gutters, ditches, ponds. The main purpose of the TPDES mandate is to reduce pollution levels to surface waters. Beneficial outcomes are natural resource protection and transition to surface water. The mandate of the TPDES program was put together in a two phase system. The first phase started in 1993 when large MS4’s, for populations greater than 100,000 people as of the 1990 survey, were mandated to become permitted. The City of Sugar Land falls under Phase II, which includes small MS4’s in an urbanized area. Phase II requirements include the February 11, 2008 deadline to apply for permit coverage and to submit a Storm Water Management Program (SWMP). Under the SWMP, there are (6) minimum control measures to address, and City has (5) years to fully implement the programs and projects to meet the minimum control measures, which began in August 2007.

 

The (6) minimum control measures are public education and outreach, public involvement and participation, illicit discharges: detect and eliminate, control of construction site runoff, post-construction storm water management, and good housekeeping. Education and outreach involves student education, website expansion, storm drain markers, community events, and business education. Public participation includes Texas Watch program which is volunteers out testing water, environmental listserv, reforestation, community classes, and jurisdictional coordination with other MS4’s.  Another minimum control measure is illicit discharge elimination which involves City putting together GIS mapping of all the storm drains, household recycling programs, illicit discharge ordinance, dry weather screenings, and septic system evaluations to eliminate illicit discharges.  Construction site pollution must be controlled by contractor education, site plan reviews, inspections, and pollution ordinances.  Post-construction management will include development code review, low impact design incentives, detention ponds, and long-term operation and maintenance.  Good housekeeping control measures involve operations and facility surveys, facility inspection program, employee training, and spill prevention and response. 

 

Jurisdictional coordination will include areas classified as small MS4’s, the 10 MUDs and 7 LIDs.  The same Phase II requirements will apply, including overlapping jurisdiction, duplication of efforts, and the plan is to unite under one permit. 

 

The budget implications for the program follow:

 

                        FY07-08          FY08-09          FY09-10          FY10-11          FY11-12

O&M               $72,000           $184,000         $184,000         $184,000         $184,000

Personnel         $54,000           $110,000         $161,500         $170,000         $178,000

Capital                  $0                      $0             $  22,000                $0                    $0            

Total              $126,000           $294,000         $345,500         $354,000         $362,000        

 

Non-Recurring             $110,000         $  35,000                    

* Additional staff to be added in FY 08-09 and FY 09-10.

 

The direction for the future will encompass public comment, press releases and website information.

 

The application will be submitted to the TCEQ after adoption of the SWMP by resolution on January 15, 2008.

 

Council discussion focused on whether the State does or does not mandate the progress of the program, City should determine whether we are solving the problem of pollutants discharged into our water, or preventing the problem from getting worse. This is the drinking water that we are going to be using. City needs to determine what it is we are trying to accomplish and how we can measure it.  The TCEQ has not given any benchmarks in the program in regard to determining the quality of the water; the program involves prevention and protection from pollutants, not a benchmark for measuring the success of the program. There are still obstacles to overcome.

 

RIGHT-OF-WAY MANAGEMENT POLICY

 

Mayor Wallace introduced discussion on Right-of-Way Management Policy.

 

Mr. Michael Leech, Assistant Public Works Director, stated that the urban beautification policy was adopted in October 1998 in accordance with the Comprehensive Plan goal to provide a safe and beautiful city.  In fiscal year 2007-2008 a strategic project was mandated to update the policy to formalize standards and consolidate all of the City’s right-of-way policies and programs. 

 

The two proposed policy revisions include a new policy for authorization and permitting and to revise the existing beautification policy. The purpose of the policy is to establish the city as the chief steward of the right-of-way, to formalize policy and procedures for authorizing and permitting the installation of private infrastructure within public right-of-ways in accordance with the code of ordinances.  The policy states that all existing and proposed activity in the right-of-way is authorized or permitted by one of the following: consent to encroach authorization, right-of-way use permitting program, development permitting program.

 

The consent to encroach authorization includes hardscape improvements or structures, upgraded infrastructure or aesthetic improvements.  Right-of-way permitting program includes all modification, improvements, maintenance activity, softscape improvements and traffic lane closures. The development permitting program includes private installation of new permanent structures that tie to city infrastructure within the right-of-way such as driveways, turn lanes and new connections to public infrastructure.

 

Applicants submit applications, plans and maps of the work site to the appropriate department.  The plans and maps include traffic control.  They must also submit current insurance certificates.  The process includes review of the materials, issuance of permits and then the site is entered into the city’s infrastructure management database.  The site is inspected to ensure compliance with plans and proper restoration.

 

The urban beautification policy was established to ensure uniform beautification.  The proposed addition to the policy would establish policy, procedures and standards for the installation, maintenance and management of streetscape elements within right-of-ways.  The city is responsible for maintaining all public right-of-ways.  The city’s commitment to urban beautification is limited directly to streetscape features along U.S. hhhhighways and state routes.  The effort includes landscaping, irrigation, ornamental street lights, traffic signals, entrance way features along U.S. highways and state routes.  The city also supports beautification maintenance by other entities in accordance with the new authorization and permitting policy. 

 

The scope of the changes include strengthening the city’s role as chief steward of the right-of-ways, additional reference to authorization and permitting policy to reinforce requirements and minor changes to be more flexible and consistent throughout the policy.

 

There are some modifications to definitions to be consistent with the practice.  These include: Rough cut level: increased to up to 24 frequencies, groom cut levels: remains at up to 36 frequencies and beautification levels: renamed from high level and increased to 44 frequencies.

 

The policy landscape management points are that the city maintains all public infrastructure in the right-of-way in perpetuity, but others are responsible for the installation and perpetual maintenance of the authorized and permitted improvements, including removal. All new irrigation will be reviewed to determine if all efforts have been made to use non-potable water.  Street lighting is mandatory and must be placed in accordance with city and illumination engineering society standards. Installation of private systems is no longer allowed.

 

The policy includes streetscape standards for four different roadway types; landscape management, street lighting maintenance, traffic signal management and landscape management of state and U.S. routes. All effort is made to utilize TxDOT grants for implementation.  For U.S. and state routes, the city will fund ornamental street lighting and ornamental traffic signal infrastructure.  For non-state routes with traffic of 15,000 or less daily the right-of-way will be increased to groom cut levels and all improvements must be authorized and permitted.  For non-street routes with 15,000 or less, street lighting systems are primarily 30’ cobra head system or a 12’ non-cobra lamp post system when tree canopies are a problem.  The City Council may resolve to fund lighting similar to state routes along signature non-state routes.  For non-state routes of 15,000 or more, a galvanized traffic signal management system is standard and all associated costs are paid.  For non state routes of 15,000 or less, service levels for landscape management will be established at rough cut level to be the minimum.  For non-state routes of less than 15,000, street lighting and traffic signal management is the same as for non-state routes of 15,000 or more.  Residential streets have a minimum rough cut level; lighting will be the same as non-state routes. Entities pay for all associated costs including additional lighting. Traffic signal management systems are non-applicable for residential streets.

 

ENTERTAINMENT DISTRICT UPDATE

 

Mayor Wallace introduced discussion on entertainment district update. 

 

Mr. Joseph Esch, Executive Director Business and Intergovernmental Relations, stated the entertainment district project relates to other projects by proximity and components. There are (5) strategic projects presently underway that are related; The Newland Property and 95 acres, Visioning Efforts, Development of Brazos Park, City focus on Development of Higher Education, and the Indoor Concert Venue (previously named the Performing Arts Center). 

 

In May of 2007, a letter of intent with AEG was approved by City Council. The idea was to do an indoor concert venue and a soccer opportunity.  The scope was revised, City’s vision was to pursue the Indoor Concert Venue, and a Development Agreement was drafted. AEG chose to pursue its soccer stadium options elsewhere. 

 

Potential entertainment components were an Indoor Concert Venue, Minor League Baseball Team, Full Service Hotel and Convention Center, Cultural Arts Center, and Festival Site. The indoor concert venue envisions a 6,500 seat indoor venue, flexible design to handle events from 2,000 to 6,500 attendees, and primary uses include concerts, traveling shows, corporate meetings and events, graduations, and university and community events.  On-site parking would be available for at least 1,800 vehicles and the site would be similar to the Nokia Theater in Grand Prairie, Texas.  Possible location is next to the Brazos River Park on approximately 45 acres leased from the University of Houston.  The city has worked with AEG and they are interested in working with the city and have invested funds. AEG has retained the services of an architect (ELS) to give us conceptual renderings of the property. 

 

In the entertainment industry, the two largest players in the market are Live Nation (includes House of Blues and accounts for about 44 percent of the market based on ticket sales) and AEG Live (includes The Messina Group and accounts for about 13 percent of the market based on ticket sales).  The Live Nation venues in Houston include Cynthia Woods Mitchell Pavilion, Verizon Wireless Theater, Toyota Center (not a LN venue but is booked solely by them). With these venues, Live Nation holds 90 percent of the Houston mid-size facility market.  Presently, AEG Live has only one exclusive venue in Houston – Warehouse Live (the Messina Group).  Sugar Land represents a significant opportunity into the Houston mid-size facility market. 

 

The Nokia Theater initially failed due to its management, not the venue.  City’s efforts are focused on the design of the venue.  Nokia Theater is now succeeding as it is a first-class facility and has qualified management.  The City of Sugar Land will succeed based on the following:  Construction of a first-class facility, partner with a qualified for-profit private sector partner who has a significant financial investment, and the partner will manage and operate the facility on a long-term lease. The four criteria that were evaluated before bringing back to City Council were access management, security, sound, and financial feasibility. The thresholds for the criteria are (1) the project should not negatively impact quality of life from traffic, sound, and security; and (2) the project cannot rely upon property taxes as the basis for project consideration. 

 

The evaluation process included: Determining financial feasibility (8/15/07 hired CSL for a financial and market feasibility analysis; Determine site and vision feasibility (10/9/07 hired TEI, Incorporated for a traffic impact analysis, 10/19/07 hired HDR Engineering, Incorporated for a conceptual site design, and 10/29/07 hired Huitt-Zollars, Incorporated for a site infrastructure analysis, and Sugar Land Police to address security.

 

Status of the Concert Venue partners: In November 2007, staff submitted the initial draft of Master Development Agreement with AEG.  City submitted initial draft of Facility Development Agreement with University of Houston in November 2007. 

 

The financial and market feasibility is 95 percent complete with final report anticipated next month and early results are positive. No negative impacts are anticipated for sound, security, and traffic.  For the Entertainment District Visioning, HDR Engineering, Incorporated completed the conceptual master plan; this is one way the components from the visioning statement can be realized and preserves an entertainment district while moving forward with the Indoor Concert Venue project. 

 

Staff will work to implement the components of the Visioning Statement as opportunities arise, continue to refine the Parks Master Plan to ensure consistency, and continue Phase II site planning with remainder of the property.

 

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 attending the Menorah lighting in Town Square, ribbon-cutting ceremony at Whole Foods Market, Santa’s Exchange which is put on by the Exchange Club and Rotary Club and served over 3,000 children with 10,000 toys, CASA Home Tour, Sugar Land Festival final meeting, an Open House for the Impact Players Partners to raise money for the veterans.

 

Council Member Olson commented on attending the Seniors Holiday Gala stating it was a great event.

 

Council Member Parmer commented on the annual Employee Banquet and congratulated the champion employees.

 

Council Member Jones commented on the Finance Committee Meeting stating that there were changes to the audit procedures and that the changes could affect timing of reports being given to the City Council, but it was not an issue.  He stated that the Santa Exchange was a great outpouring from the Sugar Land community and that there were at least 300 or more volunteers in attendance at all times.  He thanked the community for their support.

 

CITY MANAGER REPORT

 

City Manager Bogard reminded City Council that the city offices were closed on December 24 and December 25 and January 1, 2008 for the holidays.  He announced that there had been delays in the wayside horns project, due to Union Pacific failing to complete their portion of the work.  The Mayor commented that he spoke with Mr. Joe Adams, who stated the there was a delay due staff creating enhancements to circuitry for safety perspectives, but he assured the Mayor that six locations would be completed by the first week in January, and that the other three locations including another experimental quiet zone would be completed by the end of January.

 

RECESS REGULAR MEETING

 

Mayor Wallace recessed the Regular Meeting to go into Closed Executive Session, time 9:05 o’clock P.M.

 

CLOSED EXECUTIVE SESSION

 

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

 

            Public Officers and Economic Development Negotiations:  Section 551.074 (Personnel) and

            Section 551.087, (Deliberations Regarding Economic Development Negotiations.

 

a)      For the purpose of discussion with respect to appointments of members to the Tax

Increment Reinvestment Zone No. One.  Mayor Wallace.

 

b)      For the purpose of discussion with respect to economic development negotiations. 

Mr. Joseph Esch, Executive Director Business and Intergovernmental Relations.

 

ADJOURN CLOSED EXECUTIVE SESSION

 

Mayor Wallace adjourned the Closed Executive Session, time 9:40 o’clock P.M.

 

RECONVENE REGULAR MEETING

 

Mayor Wallace reconvened the Regular Meeting, time 9:49 o’clock P.M.

 

APPOINTMENT

 

Mayor Wallace introduced consideration on appointment of one member each to Position Six, Seven, and Eight, Tax Increment Reinvestment Zone No. One Board of Directors for the period January 1, 2008 through December 31, 2009.

 

Following a full and complete discussion, Mayor Wallace, seconded by Council Member Olson, made a motion to approve reappointments of Joan Damon, Vincent Dicosimo, and Jared Jameson to Position Six, Seven, and Eight, to the Tax Increment Reinvestment Zone No. One Board of Directors for the period January 1, 2008 through December 31, 2009. 

 

ADJOURN

 

There, being no further business to come before Council, Council Member Olsonseconded by Council Member Schiff, moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 9:50 o'clock P.M.

 

 

 

 

____