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City Council |
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Agenda Request |
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Agenda Of: |
April 01, 2008 |
Agenda Request
No: |
IV E |
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Initiated By: |
Glenda
Gundermann, City Secretary |
Responsible
Department: |
City Secretary |
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Presented By: |
Glenda
Gundermann, City Secretary |
Department
Head: |
Glenda
Gundermann, City Secretary |
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Additional
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N/A |
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Subject /
Proceeding: |
Minutes City
Council Meeting march 18, 2008 Approve Minutes |
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Exhibits: |
Minutes march 18,
2008 |
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Clearances |
Approval |
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Legal: |
N/A |
Executive
Director: |
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Purchasing: |
N/A |
Asst. City
Manager: |
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Budget: |
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City Manager: |
Allen Bogard |
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Budget |
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Expenditure
Required: $ |
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Current
Budget: $ |
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Additional
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Recommended
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Approve the minutes of the City Council Meeting March 18, 2008. |
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Exhibits |
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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, march 18, 2008
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, March 18, 2008 at 5:43 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 with the exception of Council Member Schiff who was absent.
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 5:44 o’clock P.M.
INVOCATION
Council Member Daniel Wong delivered the invocation.
PLEDGE OF ALLEGIANCE
Council Member Daniel Wong led the pledge of allegiance to the Flag of the United States of America.
RECOGNITIONS
TEXAS FIRE CHIEFS ASSOCIATION
FIRE CHIEF OF THE YEAR, MR. DANNIE SMITH
Mayor Wallace stated on February 13 in Galveston, Texas, Sugar Land Fire Chief Dannie Smith was presented with the Texas Fire Chiefs Association highest honor for service – the Fire Chief of the Year Award. Selection criteria for the award included dedication to life safety issues and the Texas Fire Service, and completion of significant achievements/accomplishments during the previous year for the Fire Department through leadership and vision. Accomplishments of Chief Smith that were acknowledged at the award ceremony involved the creation of Haz-Mat Team, Advanced Lifesaving Skills Program, managing growth for new fire stations, grant funding for the department, Community Emergency Response Teams, and All Hazards Incident Management Team. On a state level, Chief Smith spearheaded legislation that created the Texas Intrastate Fire Mutual Aid System, a plan that sets guidelines for responding to fire-related disasters that exceed the resources of local agencies. The plan provides a systematic, uniformed system for agencies to share assets when large-scale regional responses exceed local resources. The initiative was a direct response to the challenges experienced during previous disasters such as Hurricane Katrina.
Mayor Wallace congratulated Chief Smith on his award recognition and praised him for his continued efforts and dedication to the City.
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 III.A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1674 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT TO OPERATE A CONVENIENCE STORE WITH GAS SALES AS AN ACCESSORY USE AT THE SOUTHEAST CORNER OF ELDRIDGE ROAD AND WEST AIRPORT BOULEVARD, IN THE NEIGHBORHOOD BUSINESS (B-1) DISTRICT; III.B) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1676 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING THE SUGAR LAND TOWN SQUARE PLANNED DEVELOPMENT DISTRICT BY ADOPTING A NEW FINAL DEVELOPMENT PLAN; III.C) authorizing execution of a Contract in an amount not to exceed $33,449.00 with TCB, Incorporated for engineering services for Stormwater Operations and Storage Assessment; III.D) authorizing execution of a Contract in an amount not to exceed $35,000.00 with Fugro Consulting, Incorporated for on-call construction materials testing for Sugar Land Regional Airport T-Hangars project; III.E) bid evaluation and authorizing execution of a Contract in an amount not to exceed $481,610.00 with G & N Enterprises, Incorporated for North Wastewater Treatment Plant Flow Diversion Lift Station upgrade; III.F) approval of
the minutes of the regular meeting of March 04, 2008.
Following a full and complete discussion, Council Member Olson, seconded by Council Member Abraham, made a motion to approve the Consent Agenda. The motion carried unanimously.
CONTRACTS AND AGREEMENTS
CONSTRUCTION OF BROOKSIDE BELKNAP
PHASE III DRAINAGE IMPROVEMENTS
Mayor Wallace introduced a Contract in the amount of $644,013.00 with Gin-Spen, Incorporated for construction of Brookside Belknap Phase III drainage improvements.
Mr. Mike Hobbs, Director of Public Works, stated the first two recommended phases of the project are complete; the Phase III construction will complete the remaining improvements. Twelve bids were received for construction of the project, and Gin-Spen, Incorporated submitted the lowest responsible bid. Gin-Spen had not previously worked for the city, however, the statement of qualifications was reviewed and references checked, resulting in a favorable response.
Scope of work will consist of extending a new drainage lateral south down Brooks Street from Azalea
to Dogwood Street, and east approximately mid block on Dogwood and Camelia
Streets. The storm sewer installations on Dogwood and Camelia streets will be
done under the existing roadway minimizing the impacts to private improvements
such as landscaping and driveways. Other
improvements include modifications to increase capacity of several existing
storm drain inlets at various locations, and sidewalk along Brooks Street
within limits of the project from Dogwood Street to Azalea Street. Staff will notify affected homeowners in
advance of the project scope, schedule, pending lane closures, and detours.
Staff recommends
authorization of a construction contract with Gin-Spen, Incorporated, 120
calendar days allotted for construction and estimated completion in July 2008.
Following a full and complete discussion, Council Member Parmer, seconded by Council Member Jones, made a motion to approve a Contract in the amount of $644,013.00 with Gin-Spen, Incorporated for construction of Brookside Belknap Phase III drainage improvements. The motion carried unanimously.
RECUSAL OF COUNCIL MEMBER
Council Member Wong recused himself from the Council Chamber at 5:56 o’clock P.M., stating he had filed a conflict of interest affidavit.
ENGINEERING SERVICES – SURFACE WATER TREATMENT PLANT
TREATABILITY STUDY AND PRELIMINARY ENGINEERING REPORT
Mayor Wallace introduced a Contract in an amount not to exceed $2,215,000 with CDM, Incorporated for engineering services for Surface Water Treatment Plant Treatability Study and Preliminary Engineering Report, and approval of a budget appropriation in the amount of $700,000.00 from the Surface Water Fund balance.
Ms. SuEllen Staggs, Director of Utilities, stated staff
will present the engineering selection process and the scope of work for the
project. A city review team was created by staff who developed a comprehensive
Request for Proposal that was sent to (12) engineering firms; the evaluation
criteria included overall compliance with the RFP, project understanding,
project approach and critical success factors, and expertise of project manager
and project team. Due to complexity of the project, the firms teamed up, four
(4) proposals were received, and interviews were conducted with the teams; the
CDM and Malcolm Pirnie team were selected for the project.
Ms. Jessie Li, Assistant Director of Utilities, stated the scope of work involves taste and flavor profile analysis, developing treated water quality goals, source water monitoring, pilot plant construction, bench-scale and pilot-scale testing, taste and odor control strategy development, surface water and groundwater blending evaluation, corrosion pipe coupon tests, conducting residuals testing, environmental and archeological site assessment, wetland permit application, electrical power assessment, surveying and geotechnical, and preliminary engineering design including site master plan development.
After completion of this phase, project deliverables will include the following: source water quality monitoring results for one year, selected treatment processes, selected chemical types and dosing range, defined design parameters, submittal of permit applications to Texas Commission on Environmental Quality (TCEQ) and U.S. Army Corps of Engineers, preliminary engineering design to 30%, preliminary costs of life cycle costs analysis, construction, and annual operation, and plant site master plan.
Reasons for the budget increase are due to changes in the scope of work, moving some of the final design phase services to the PER phase, Treatability Study on extended pilot testing and source water quality monitoring for a year, and budget impact on both PER and final design is approximately 14%.
In the Fiscal Year 2008 budget, there is $1,550,000 available; staff is requesting a budget amendment of $700,000 which would leave a contingency of $35,000.
City Manager Bogard stated the City is paying for a portion as well as other work out of the 25-cent surface water fee that is collected from Sugar Land residents, and Greatwood and New Territory residents who are now incorporated into our Groundwater Reduction Plan.
Council questioned the SWTP technology and known capabilities of the firms, news reports on finding pharmaceutical and prescriptions drugs in water systems, the Oyster Creek water supply, budget adjustments, past studies, location of treatment plant on the site, length of operation for similar plants, and requested Staff to identify technologies included in the design specifications.
Staff stated that a surface water treatment plant must meet hundreds of drinking water standards and many regulations, and groundwater has minimal regulations.
Following a full and complete discussion, Council Member Olson, seconded by Council Member Jones, made a motion to approve a Contract in an amount not to exceed $2,215,000 with CDM, Incorporated for engineering services for Surface Water Treatment Plant Treatability Study and Preliminary Engineering Report, and approval of a budget appropriation in the amount of $700,000.00 from the Surface Water Fund
balance. The motion carried unanimously.
cONSTRUCTION OF sUGAR lAND rEGIONAL aIRPORT
t-hANGARS pROJECT
Mayor Wallace introduced a Contract in the amount of $4,181,453 with SpawGlass Civil Construction, Incorporated for construction of Sugar Land Regional Airport T-Hangars project.
Mr. Phillip Savko, Director of Aviation, stated after more
than (7) years of planning, over $20 million in grant funding, T-Hangar budget
of $4.4 million, and total $7.4 million investment by the Airport, the Sugar
Land Regional Airport is prepared to move forward with construction of the
T-Hangar Project, which is the largest project in TxDOT Aviation history. The project will accommodate transfer of 70
existing tenants and allow for 29 new leases, and demolition of the existing
T-Hangars will make way for revenue generating corporate Taxiway “J”, currently
under design.
Five contractors submitted bids, and Spaw Glass Civil Construction, Incorporated was low bidder with a lump sum bid. KSA Engineers reviewed the submitted qualifications, found Spaw Glass to be capable and qualified to perform the project which came under budget and allows 2.3 percent contingency within the project. Staff anticipates construction to begin late April or early May of 2008, completion in June 2009.
Following a full and complete discussion, Council Member Abraham, seconded by Council Member Olson, made a motion to approve a Contract in the amount of $4,181,453 with SpawGlass Civil Construction, Incorporated for construction of Sugar Land Regional Airport T-Hangars Project. The motion carried unanimously.
RE-ENTRY OF COUNCIL MEMBER
Council Member Wong re-entered the Council Chamber at 6:42 o’clock P.M.
PUBLIC HEARING
ANNEXATION OF 20.8 ACRES AT U.S. HIGHWAY 59 AND GRAND PARKWAY
Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on annexation of 20.8 acres of State Highway right-of-way located at U.S. Highway 59 and Grand Parkway.
Mr. Douglas Schomburg, Assistant Planning Director, stated this is the
first of two required Public Hearings for the full-purpose annexation of
approximately 20.8 acres on the north and south side of the intersection of
U.S. 59 and Grand Parkway. The acreage is entirely made up of Texas Department
of Transportation (TxDOT) right-of-way and includes the frontage roads and
interchange currently under construction.
Resolution No. 07-33, approved by City Council on November 6, 2007
allowed initiation of the annexation process.
The annexation is important in implementing the pending Strategic
Partnership Agreements (SPAs) with Greatwood Utility Districts, provides for
contiguous property needed for limited purpose annexation of commercial parcels
within the adjacent Greatwood community, and improves contiguousness with the
Riverpark community annexation in December 2009.
The second Public Hearing will be held on Tuesday, March 25.
Mayor Wallace entertained comments from the public; hearing none the Public Hearing was closed.
APPOINTMENT
REINVESTMENT ZONE NO. THREE
Mayor Wallace introduced consideration on appointment of Reinvestment Zone No. Three, City of Sugar Land, Texas Board of Directors Position One and Three for term expiring December 31, 2009; appointment of one member each to Position Two and Four for term expiring December 31, 2008.
Mr. Jim Callaway, Executive Director Community Development, stated on December 18, 2007, the City Council created Reinvestment Zone No. Three to serve the Imperial Redevelopment Project. The Zone captures additional property and sales tax revenue generated by the redevelopment of the site and uses the funds for public improvements. The next step in the process of implementing the Zone is to appoint a Board of Directors.
Staff recommendations to Council are: Position One, Thomas Abraham; Position Two, Daniel Wong; Position Three, David Neeley; and Position Four, Donald Olson.
Following a full and complete discussion, Mayor Wallace, seconded by Council Member Parmer, made a motion to approve appointments to Reinvestment Zone No. Three Board of Directors: Position One, Thomas Abraham; Position Two, Daniel Wong; Position Three, David Neeley; and Position Four, Donald Olson. The motion carried unanimously.
HOUSTON-GALVESTON AREA COUNCIL
Mayor Wallace introduced consideration on appointment of an alternate member to Houston-Galveston Area Council General Assembly and Board of Directors for a term expiring December 31, 2008.
Council Member Dennis Parmer stated he was designated as the alternate member to Council Member Wong and requested that his name be removed as he is serving on the Transportation Policy Council, and recommended Council Member Abraham for the appointment of alternate member.
Following a full and complete discussion, Council Member Parmer, seconded by Council Member Wong, made a motion to approve the resignation of Council Member Parmer as alternate member and approve appointment of Council Member Abraham as alternate member to Houston-Galveston Area Council General Assembly and Board of Directors for a term expiring December 31, 2008. The motion carried unanimously.
WORKSHOP
MUNICIPAL UTILITY DISTRICT
CREATION AND DISSOLUTION POLICY
Mayor Wallace introduced discussion on Municipal Utility District creation and dissolution policy and amendment to Sugar Land Code of Ordinances Chapter 5, Article VIII.
Mr. Jim Callaway, Executive Director Community Development, stated the city currently has a policy adopted in 1991 that addresses creation of Municipal Utility Districts, however, the policy conflicts with current City practice as it reflects an outdated approach, prohibits new MUDs, allows for tax increases to dissolve MUDs, and does not allow rebates.
In 2006 strategic project, staff worked toward aligning policy with current practices, establishing criteria for MUD creation and dissolution, allowing for rebates, and providing for cost neutral dissolution. In 2007 strategic project, a review of ETJ (Extra Territorial Jurisdiction) MUD creation ordinance was added to the project and staff reviewed ordinance for duplication of state law and identified new issues for codification.
Mr. Danny Batts, Management Assistant Community Development,
presented a general overview of the policy provisions. The draft policy includes: (1)
MUD Creation Criteria; the
in-city developer must specify the manner in which utilities will be provided
and obtain City approval, ETJ districts will have to sign an SPA to obtain
municipal services, City Council has the
option to grant road and park bond authority under certain circumstances. A policy statement is included opposing
districts created legislatively without City approval. (2) MUD Tax Rebates;
allows the city to continue rebating ad valorem taxes to MUDs to reduce tax
burden, with the amount of rebate tied to City debt service for previously
dissolved MUDs. (3) MUD Dissolution Criteria; amount of the city annual tax
rebate covers additional debt service payments if the district is dissolved,
the developer will be fully reimbursed by time of district dissolution; the MUD
must have at least one year of debt service in reserve.
To begin the MUD dissolution process, the district must request dissolution, provide documentation to prove eligibility, and at least (6) Council Members must vote in favor of the dissolution.
Second initiative for the project was review of the city ordinance relating to creation of new ETJ districts and to identify any new district related issues that needed to be codified. Review of the city ETJ district creation regulations determined that the regulations duplicate state law and are preempted by state law and are therefore unnecessary. At a future meeting, Staff will bring forward an amendment that will repeal this section of the city ordinance in its entirety, and add a new section that allows City Manager to approve agreements that grant connection credits to districts who oversize the infrastructure to serve City customers outside of the district.
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 Wong reported on the HGAC Board Meeting where discussions were held regarding the Highway 6 Corridor Study.
Council Member Parmer reported on the EGGStravaganza event that was held on Saturday, March 15, and extended his thanks to Parks and Recreation and the hundreds of volunteers for a job well done and commented the successful event was very well-attended and a tremendous City effort for our citizens.
Council Member Abraham reported attending the TML Region 14 meeting hosted in Sugar Land which was very informative, and the Minute Maid tree-topping ceremony where an orange tree was hoisted above the Minute Maid building.
Council Member Olson complimented Council Member Wong on a well-attended TML regional meeting and congratulated the city departments on a wonderful EGGStravaganza event.
Council Member Jones reported representing the city at a Watch Party hosted by the Whose Special Needs Academy which provides day care services for children with special needs and also children without, meaning both the child with special needs as well as a sibling may attend the day care service.
Mayor Wallace reported on the groundbreaking ceremony for
Fire Station No. 1 and the ribbon cutting of a new pump station in conjunction
with the public/private partnership with Telfair and other organizations.
CITY MANAGER REPORT
City Manager Bogard reported on Friday, March 21, the City offices will be closed for Good Friday, and on Tuesday, March 25, City Council will hold a short meeting at 2:00 p.m. On Saturday, March 29, the Sugar Land Little League will hold the Opening Day Celebration, which is also their 50th Anniversary, at 8:30 a.m. at Fehrle Field. On Tuesday, April 1, the City Council meeting will begin at 4:00 p.m.; the Sugar Land Development Corporation meeting has been cancelled. Mr. Bogard thanked everyone for their kind thoughts and prayers during his medical absence.
RECESS REGULAR MEETING
Mayor Wallace recessed the Regular Meeting to go into Closed Executive Session, time 7:11 o’clock P.M.
CLOSED EXECUTIVE SESSION
Mayor Wallace introduced Closed
Executive Session as authorized by chapter 551, Texas Government Code, in
accordance with:
Real Property: Section 551.072 (Discuss acquisition of land).
a) For the purpose of discussion with respect to acquisition of drainage easements from Riverbend Country Club. Mayor David Wallace.
ADJOURN CLOSED EXECUTIVE SESSION
Mayor Wallace adjourned the Closed Executive Session, time 7:28 o’clock P.M.
RECONVENE MEETING
Mayor Wallace reconvened the Regular Meeting, time 7:29 o’clock P.M.
ADJOURN
There, being no further business to come before Council, Council Member Olson, seconded by Council Member Jones, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 7:30 o'clock P.M.
_____________________________________
Glenda Gundermann, City Secretary
(SEAL)