City Council

 

 

Agenda Request

 

 

Agenda Of:

may 06, 2008

Agenda Request No:

III J

 

 

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 april 15, 2008

Approve Minutes

 

 

Exhibits:

Minutes april 15, 2008

 

 

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

 

 

Current Budget:  $

N/A

 

 

Additional Funding:  $

N/A

 

 

Recommended Action

 

 

 

Approve the minutes of the City Council meeting April 15, 2008.

 

 

Exhibits

 

STATE OF TEXAS

§

COUNTY OF FORT BEND

§

CITY OF SUGAR LAND

§

 

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, april 15, 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, April 15, 2008 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 5:45 o’clock P.M.

 

INVOCATION

 

Mayor David Wallace delivered the invocation.

 

PLEDGE OF ALLEGIANCE

 

Cub Scouts Pack 1133, Den 3, Settlers Way Elementary School, led the pledge of allegiance to the Flag of the United States of America.

 

RECOGNITIONS

 

HOUSTON BUSINESS JOURNAL LANDMARK AWARD RECIPIENTS

 

Mayor Wallace stated the annual Houston Business Journal Landmark Awards 2008 ceremony was held on April 3 and the City of Sugar Land was proudly represented by project finalists in four separate categories; Bechtel Equipment Operations for “Headquarters Move”, Imperial Sugar Refinery Site for “Land Deal”, Telfair for “Residential Development”, and Three Sugar Creek for “Office Building Development”. 

 

The heritage and culture of the community goes back 160 years with the Imperial Sugar Company in growing, refining, and processing sugar over the years.  The Imperial Sugar Refinery Site received the 2008 Landmark Award for “Land Deal”, which was recognized for the numerous partners in the deal and resolution of multiple challenges through cooperation among public and private entities. Private developer Cherokee Investments and Southern Land Company came forward to redevelop the Imperial Sugar tract.

 

Telfair-Phase I received the award for “Residential Development”, which was described as “Master-planned community transforms old prison land”. Telfair was recognized for the classic Southern inspired architecture and 283 acres of recreational amenities. The developer Newland Communities donated the historic 1939 Central State Farm building centrally located in Telfair to the City which is working with the Houston Museum of Natural Science to transform the structure into a branch museum facility set to open in 2009.

 

Mayor Wallace recognized the recipients for the award winning projects and contributions to the quality development in Sugar Land.

 

DR. KULVINDER BAJWA, GENERAL SURGEON

IRAQ TOUR OF SERVICE

 

Mayor Wallace acknowledged Dr. Kulvinder Bajwa, a general surgeon who is Medical Director at Sugar Land Memorial Hospital and a long-time Sugar Land resident.

 

His military career began in 1987 where he continued to serve as a medic and in 1998 went into Inactive Ready Reserves.  In May of 2001 Dr. Bajwa reactivated himself in the Army Reserves as a General Surgeon assigned to the 4005th U.S. Army Hospital in Lubbock, Texas, is currently serving as a Major in the Armed Forces, has been deployed three times since 2003; served at the Brook Army Medical Center in 2003 during Operation Enduring Freedom, in 2004-2005 in eastern Iraq, central Iraq in Baghdad as a part of Operation Iraqi Freedom, and in western Iraq in 2007-2008 as a part of Operation Iraqi Freedom.

 

Dr. Bajwa has received many accolades, including Certificates of Appreciation from the First Infantry, Naval

Reserve Meritorious Service Medal, Army Service Ribbon, National Defense Service Medal 1991 and 2001, Army Commendation Medal 2002, 2004, 2007 and 2008, Army Achievement Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal.

 

Mayor Wallace recognized Dr. Bajwa as a very humble man who cares deeply about the well-being of other individuals and thanked him for his continued service to our country.

 

ENVIRONMENTAL WEEK

 

Mayor Wallace recognized the importance of environmental education and awareness within the City of Sugar Land, stating our city is a leader throughout the community in environmental issues. Earth Day began as a day of national environmental recognition more than 35 years ago and has evolved into a global campaign for protection of the environment.  The city annually celebrates Earth Day, and the City of Sugar Land and Keep Sugar Land Beautiful have partnered to dedicate an entire week to the celebration of our natural environment with Environmental Week activities from April 13 through April 19. 

 

Mayor Wallace recognized Vicki Gist as the first winner of the 2008 Environmental Steward of the Year award; Ms. Gist is the Executive Director of Keep Sugar Land Beautiful. To receive the award, recipients- must reside or work within the city and made singular efforts on behalf of the environment within the city.

 

In order to recognize the importance of our water resources, the city annually sponsors the Water Conservation Book Cover Contest and encourages children to illustrate a water conservation or pollution prevention themed design.  The contest is open to elementary school children throughout Fort Bend Independent School District (FBISD) and boasts 300 participants each year.  To educate the community, winners’ artwork appears on FBISD book covers the following school year.  Mayor Wallace recognized the winners of the 2008 Water Conservation Book Cover Contest and presented them with certificates.

 

YOUTH ART MONTH – DULLES MIDDLE SCHOOL

 

Mayor Wallace stated Youth Art Month is an annual observance each spring to emphasize the value of art education for all children and to encourage support for quality school art programs.  In celebration of the event, Fort Bend Independent School District (FBISD) students in primary, middle school, and high school divisions participate in various art projects. Twenty-eight students from Dulles Middle School created artwork that the City is honored to have on display in the lobby of City Hall during April. The exhibit includes photography, collages, paper illusions, and masks.

 

Mayor Wallace introduced FBISD Dulles Middle School art teacher June DeMarsico who stated that the middle school Art Department has broken every record for the last three years in Best in Show at the Rodeo and last year was the first and only Grand Champion at the Rodeo, a young man who went on to win the National Scholastic Art Award at Carnegie Hall; his picture was chosen for an art gallery, and 48 middle and high school students work was chosen to go to the Department of Education in Washington, D.C.

 

The city commends June DeMarsico for her dedicated efforts to prepare and promote the success and artistic talent of young people.  Mayor Wallace presented certificates to Ms. DeMarsico and her students.

 

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. 1668 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ABANDONING AND RELEASING A PORTION OF A TEN-FOOT WATER LINE EASEMENT LOCATED IN LAKE POINTE TOWN CENTER, TRACT 3; III.B)  CITY OF SUGAR LAND RESOLUTION NO. 08-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A CONCEPTUAL PLAN FOR A CULTURAL ENTERTAINMENT DISTRICT; III.C)  authorizing Purchase in the amount of $623,300.00 from Metro Fire Apparatus through Houston-Galveston Area Council for a Custom Class “A” Spartan/Crimson engine and associated equipment;  III.D)  approval of the minutes of the regular meeting of April 1, 2008.

 

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

 

CONTRACTS AND AGREEMENTS

 

ARCHITECTURAL AND ENGINEERING SERVICES

RIVER BEND COUNTRY CLUB DRAINAGE IMPROVEMENTS

 

Mayor Wallace introduced consideration on a Contract in an amount not to exceed $170,186.00 with Jeffery D. Blume & Company for architectural and engineering services for River Bend Country Club Drainage Improvements.

 

Mr. Shashi Kumar, Drainage Engineer, stated the project was recommended as Phase I in the Sugar Creek Drainage Study that was completed in 2005, negotiations were held between staff and River Bend Country Club, and discussed with Council in March 2008.  The detention requirement from Ordinance No. 1129 adopted in 1998 mandates the need to mitigate developmental impacts in the Triangle Area, which is the 140-acre area located in the upper part of the Sugar Creek watershed and bounded by U.S. 59, Highway 90A, and Alkire Lake Drive.  The area drains into Jane Long and ultimately into River Bend; the Ordinance required that the city mitigate the extra runoff that will come as a result of development.

 

The current contract is mainly for architectural and engineering related services for the design of lake/ detention ponds; an existing lake in River Bend is being expanded to provide additional storage for detention and three new lakes/detention ponds are also proposed.  Benefits of the project include: cost-effective alternative for “Triangle” mitigation, provides storage to accommodate future improvements, and aligns well, with River Bend Country Club plan to enhance overall aesthetics. River Bend is planning a golf course shutdown in February 2009 for capital improvements for a period of 75 days, and staff negotiated to 120 days to incorporate the proposed detention improvements.

 

River Bend requested that staff retain Jeffrey D. Blume Ltd. as architect for the golf course and Dannenbaum Engineering will be sub to the architect; the two firms have worked together in the evaluation phase to identify potential location for the golf course. The architectural, engineering, and construction related services contract is $170,186 and construction is anticipated to begin in February 2009. An agreement is being prepared between City and River Bend which specifies the cost sharing and maintenance requirements.

 

Allen Bogard, City Manager, stated the results of the Sugar Creek Drainage Study were a series of phased projects necessary in the development of the Triangle area to mitigate street flooding problems occurring within the Sugar Creek area. Staff has received a letter from River Bend Golf Course indicating City concurrence with the terms and cost effectiveness of moving forward with the design contract.

 

Council requested clarification of contractor chosen; staff responded Jeffrey D. Blume Ltd. was selected due to timing/schedule issues and was retained in the evaluation phase of the project, and proposed contractor fees are reasonable for the scale and magnitude of the project.

 

Mayor Wallace questioned that there are two contracts involved, engineering and real estate; and could Staff envision the engineering contract executed and money spent incurring an obligation, and the possibility of the real estate being unsuccessful.  An understanding with the golf course and the agreement is close to being finalized, the timing is critical if the project is going to be completed, the city must move forward.

 

City Attorney Joe Morris stated the problem is getting the survey for metes and bounds for the detention ponds, which takes time. Staff will provide a general description as a preliminary matter, bring the contract to Council in a few weeks; the exact boundaries of the detention areas will be substituted before closing. Staff is anticipating little work will be done on the design before a contract is received, which will have provisions for cancellation; the city will only be responsible for paying the fees used up to that time.

  

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 $170,186.00 with Jeffery D. Blume & Company for architectural and engineering services for River Bend Country Club Drainage Improvements.  The motion carried unanimously.

 

INSTALLATION OF TRAFFIC SIGNALS

 

Mayor Wallace introduced consideration on a Contract in the amount of $605,660.00 with Traf-Tex, Incorporated for installation of traffic signals, State Highway 6 and Fluor Daniel Drive and State Highway 6 and Grants Lake Boulevard. 

 

Mr. Mike Hobbs, Director of Public Works, stated (3) qualified bids were received for construction/replacement of traffic signals at the intersections of State Highway 6 at Fluor Daniel Drive and Grants Lake Boulevard.  Construction includes installation of ornamental signal poles in accordance with the city Urban Beautification Policy. Low bidder was Traf-Tex, Incorporated with a base bid of $605,660.  Project plans and specifications call for an October 2008 completion.

 

Scope of   project is to replace (2) existing span wire and pole traffic installations with cables strewn across at the four quadrants of the intersection and from that hang the traffic signal heads and associated cable. Although the signal installations will be upgraded to the higher aesthetic standard, the primary purpose of the project is to replace the span wire installations which are nearing the end of the 10-year useful life. 

 

Initially a budget of $425,000 was appropriated to the project in 2006-2007, supplemented by an additional $500,000 from SL4B in 2007-2008.  The first (2) were designed and bid, the price came in at approximately $300,000 each.  Staff had hoped to get a price of $200,000 over the course of the project; however, due to rising cost of steel, the unit cost had increased by approximately 50 percent. Staff proposal is to construct the two traffic signals and design the remaining three signals.  Funding for construction of remaining signals will be submitted for consideration in 2009.  

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Abraham, made a motion to approve a Contract in the amount of $605,660.00 with Traf-Tex, Incorporated for installation of traffic signals, State Highway 6 and Fluor Daniel Drive and State Highway 6 and Grants Lake Boulevard.  The motion carried unanimously.

 

CELLULAR EQUIPMENT

 

Mayor Wallace introduced consideration on Purchase of cellular equipment and cellular minutes in an amount not to exceed $250,000.00 from AT&T Mobility and Verizon Wireless through the Texas Department of Information Resources for a twelve month period. 

 

Ms. Sharlett Chowning, Director of Information Technology, stated communications devices include cellular phones, blackberries, EVDO air cards, call boxes, and mobile command vehicle communications.

EVDO air cards are the cards that insert into a computer that provides a connection to the internet or back to the City of Sugar Land.  The city has a new Mobile Communications Policy which includes:  provides guidelines on eligibility, provides usage guidelines, monitors usage patterns, provides city-wide system for acquisition, standardizes equipment and services, and simplifies management of vendor relations.  New IRS regulations cover employee use of cellular devices, subject to withholding by IRS, new city policy addresses personal use, and each employee must declare personal use to fulfill IRS rules.

 

The projected Fiscal Year 2007-2008 usage is taken from the preceding five months:  EVDO cards – City will pay for the entire fiscal year $58,956; cellular and blackberries - $145,576; and new MDTs - $31,200. 

Staff is proposing a plan from the AT&T Cellular Phone Plan at a cost of $34.79 per device which includes pooled minutes, unlimited mobile to mobile, unlimited nights and weekends, call waiting, caller ID, voicemail, and unlimited push to talk minutes.  The AT&T Blackberry Plan at a cost of $68.99 per device includes the same options plus unlimited eMail messages. The Verizon EVDO Data Card at a cost of $48.59 per device is for unlimited data.  Current data use of the EVDO cards is 65 percent for Public Safety, and also used by Traffic, Building Inspections, I.T. for the loaner pool of six laptops with air cards for people who will be out of town and have no way to communicate back with the city.  Current cellular devices, cell phones and blackberries are utilized mainly by Police, Public Works, Community Development, Parks, Fire, and Utilities.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Olson, made a motion to approve Purchase of cellular equipment and cellular minutes in an amount not to exceed $250,000.00 from AT&T Mobility and Verizon Wireless through the Texas Department of Information Resources for a twelve month period.  The motion carried unanimously.

 

ORDINANCES AND RESOLUTIONS

 

ORDINANCE NO. 1678 – ANNEXING 20.8 ACRES OF LAND AT

INTERSECTION OF U.S. HIGHWAY 59 AND STATE HIGHWAY 99

 

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1678 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ANNEXING 20.8 ACRES OF LAND LOCATED AT THE INTERSECTION OF US HIGHWAY 59 AND STATE HIGHWAY 99 AS

MORE PARTICULARLY DESCRIBED HEREIN, TEMPORARILY ZONING THE PROPERTY AS DISTRICT R-1 AND PLACING THE ANNEXED LAND INTO CITY COUNCIL DISTRICT NUMBER TWO. 

 

Mr. Douglas Schomburg, Assistant Planning Director, stated the acreage is made up of TxDOT right-of-way and includes frontage roads and interchange currently under construction. Resolution No. 07-33 provided for initiation of annexation proceedings. The annexation is important in implementing the Strategic Partnership Agreements with Greatwood Utility Districts and provides contiguousness for limited purpose annexation of commercial parcels within the adjacent Greatwood Community, and improves contiguousness with the Riverpark Community annexation planned for December 2009. Two public hearings were held in March of 2008; no one spoke and there were no opposition issues.

 

Following a full and complete discussion, Council Member Abraham, seconded by Council Member Schiff, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1678 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ANNEXING 20.8 ACRES OF LAND LOCATED AT THE INTERSECTION OF US HIGHWAY 59 AND STATE HIGHWAY 99 AS MORE PARTICULARLY DESCRIBED HEREIN, TEMPORARILY ZONING THE PROPERTY AS DISTRICT R-1 AND PLACING THE ANNEXED LAND INTO CITY COUNCIL DISTRICT NUMBER TWO.    The motion carried unanimously.

 

RESOLUTION NO. 08-13 – FUNDING RECOMMENDED SAFETY IMPROVEMENTS –

H-GAC STATE HIGHWAY 6 ACCESS MANAGEMENT STUDY

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ENCOURAGING THE TEXAS TRANSPORTATION COMMISSION TO FUND THE RECOMMENDED SAFETY IMPROVEMENTS AS IDENTIFIED IN THE H-GAC STATE HIGHWAY 6 ACCESS MANAGEMENT STUDY.

 

Mr. Michael Leech, Assistant Public Works Director, stated on October 16, 2006 the City Council approved an Interlocal Agreement with H-GAC for the performance of a State Highway 6 Access Management Study which included approximately 23 miles of S.H. 6 from Almeda Road (FM 521) in Fort Bend County to IH-10 West in Harris County.  Approximately 6.8 of the 23 miles of study area are within the Sugar Land city limits. Kimley-Horn was selected as consultant, and City paid 20 percent which represents our portion of a 20 percent local match; the study was valued at $500,000.  Fort Bend County, Harris County, Missouri City, and the City of Houston were partners in the study.

 

The study was broken down into project recommendations of short term (1-4 years) and medium term (5-10 years) transportation solutions, improve traffic flow, improve safety, reduce motorist delay, and assess long term (11-plus years) corridor needs. The short term improvements identified for City include construction of raised medians; Staff concurs and will ensure the medians are designed and constructed to current landscape standards as identified in the Right-of-Way (ROW) Policy.  Short term improvements require no additional ROW as they are all located within the existing S.H. 6 ROW limits. Medium term improvements focus on driveway and cross access consolidation. The amount estimated for construction is relatively low; the improvements will require coordination between the City, TxDOT and owners of the driveway which include more than 50 local businesses. Long term improvements include construction of additional right and left turn lanes at intersections and coordination efforts as additional ROW will be needed to construct improvements as proposed. Additional information, including locations, will be provided during presentation of the item in the form of project schematics as prepared by Kimley-Horn. 

 

The funding plan includes three possibilities:  City CIP, $4.63 million CMAQ (Congestion Mitigation and Air Quality) funding, and Resolution 08-13.  Each will continue to be investigated and Staff will recommend course of action through budget process.

 

Mr. Dale Rudick, Director of Intergovernmental Relations, stated that while the Access Management Study was being performed, TxDOT Houston District was able to secure some safety money from Austin for State Highway 6, and the specific money was to be utilized for overpasses identified at the intersections of Westheimer Road and Bellaire Boulevard.  Public opposition forced TxDOT to eliminate the designated $30 million for safety improvements, TxDOT Houston stated the funds must be rescinded and returned to Austin. After approval of the S.H. 6 Management Study in late February, Commissioner Patterson met with various agencies within the confines of the corridor where S.H. 6 traverses to discuss available options for requesting the Transportation Commission to take the $30 million that was designated for safety on S.H. 6 at the two intersections and utilize it for the $27.5 million that was identified in recommended improvements for the entire corridor as described in the Study, which would implement all three phases of the improvements on State Highway 6.

 

The resolution and related letter to Commissioner Ned Holmes requests the Texas Transportation Commission to fund recommended safety improvements for the 23 mile corridor as identified in the S.H. 6 Access Management Study utilizing the $30 million originally slated to pay for overpasses on S.H. 6 at Westheimer Road and Bellaire Boulevard.  To date, Fort Bend County, Harris County, and Missouri City have approved a similar resolution and are waiting on action from City of Houston and City of Arcola.

 

Safety data reveals that the two proposed overpass projects could prevent approximately 80 crashes per year whereas constructing only Phase I of recommended Access Management projects would cut the crash rate in the corridor by over 25 percent, or 259 crashes per year. If all three phases were implemented, the short, medium and long term projects, the crash rate could be reduced by as much as 459 crashes per year.  There is no commitment to the city for the resolution.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Olson, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ENCOURAGING THE TEXAS TRANSPORTATION COMMISSION TO FUND THE RECOMMENDED SAFETY IMPROVEMENTS AS IDENTIFIED IN THE H-GAC STATE HIGHWAY 6 ACCESS MANAGEMENT STUDY.   The motion carried unanimously.

 

RESOLUTION NO. 08-10 – ADOPTING THE URBAN BEAUTIFICATION POLICY

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 08-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE URBAN BEAUTIFICATION POLICY. 

 

Mr. Michael Leech, Assistant Public Works Director, presented an overview of a strategic project to develop standards for public infrastructure, landscape, and hardscape improvements in the city Rights-of-Way (ROW).  The existing ROW policies, programs, and practices were consolidated in a revised Urban Beautification Policy presented to Council December 2007; Council requested additional information including an overview of changes from the existing policy, on January 25, 2008, an FYI memorandum was provided clarifying the changes.  The proposed Policy was provided to homeowner associations for comments.

 

The Policy includes Landscape, Streetlight, and Traffic Signal Management. There are few changes from the existing policies and practice.  Staff consolidated landscape, street lighting, and traffic signal policies into one comprehensive policy.

 

Major changes in Landscaping include: mowing, there are three levels, rough cut increased from 14 to 24 frequencies per year; groom cut remains at up to 36 frequencies; and beautification level was renamed from high level and increased from 42 to 44 mowing frequencies per year.  Street/roadway classification definitions were added to clarify which standards apply to which types of street/ROW:  (1) U.S. Highways and State routes (2) Non-State routes 15,000+VPD (vehicles per day)  (3) Non-State routes, less than 15,000 VPD, and (4)  Residential streets.

 

Landscape Policy Points include U.S. highways and State routes: all State routes are either now improved or planned for improvement, level of maintenance is Beautification. The city is committed to ROW improvements along highways and State routes and efforts will be made to use TxDOT grants for beautification, no longer depending on grants. Non-State routes with 15,000+VPD: no change in standards/reimbursements, all improvements made by others, groom cut, reviewed and permitted. The non-State routes with 15,000+VPD include West Airport, Dairy Ashford, New Territory, University, Lexington, Williams Trace, Sweetwater, and Dulles.  Non-State routes with less than 15,000 VPD: this is a new category, maintained at rough cut level, improvements by others which must be authorized and permitted.  Residential streets:  added to the policy, improvements must be authorized by authorization and permitting process; ROW maintained by others.

 

Streetlight Policy Points include overall Streetlight Management which reinforces Development Code and Design Standards. Street lights are mandatory, must be installed per City standards, and new private systems in ROW are prohibited.  The streetlights on U.S. Highways and State routes: City will fund installation of ornamental street lighting in accordance with Design Standards and as approved by TxDOT.  Non-State routes with 15,000+VPD and less than 15,000 VPD:  new change has two standard street lighting systems, a 30’ cobra head system and a 12’ non-cobra lamp post system, and a 12’ light system that addresses tree canopy issues. Residential streets:  program allows for installation of lamp post systems managed through the following lighting system change-out program; the entity or HOA sends request to Public Works who works with CenterPoint Energy with a lighting plan, and HOA is responsible for all costs. The program was implemented in Brookside Belknap, Hall Lake, and Lakes of Austin Park. 

 

Traffic Signal Policy Points for U.S. Highways and State routes: new change added that the city will fund ornamental traffic signals in accordance with Design Standards and as approved by TxDOT.  Non-State routes with 15,000+VPD and less than 15,000 VPD: galvanized is standard, City may allow entities to fund upgrade if adjacent to existing upgraded intersection, and entity pays all costs.

 

Streetlight placement with respect to trees, the standard will provide options for a developer or future streetlight installation.  If a 30’ tall cobra head light is to be installed, vegetation must be a certain type and certain distance away so as not to impede the performance of the cobra head light, and similar standard is provided for the 12’ lamp post light.

 

Council discussion ensued regarding landscaping, mowing cycles, streetlight change-out program, public and HOA comments.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member

Abraham, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 08-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE URBAN BEAUTIFICATION POLICY.   

 

Council Member Jones, seconded by Council Member Schiff, made a motion to amend the resolution to delete the requirement on non-state routes relating to traffic signals, that ornamental infrastructure can be upgraded only if the third party pays the costs associated with the upgrade and delete the requirement that the intersection be adjacent to an existing upgraded intersection.

 

Council Member Jones stated the amendment is based on a decision made when it was considered two years ago, stating that the policy should be consistent with previously made decisions.   

 

Council discussion ensued regarding the lack of consistency of traffic signals, ornamental infrastructure at different intersections.

 

Mayor Wallace called for a vote on the amended motion by Council Member Jones, seconded by Council Member Schiff, to amend the resolution.  The amended motion was approved with Council Members           Olson, Jones, Wong and Schiff voting Yea and Mayor Wallace and Council Members Parmer, and Abraham voting Nea.

 

Mayor Wallace called for a vote on the motion by Council Member Schiff, seconded by Council Member

Abraham to adopt as amended CITY OF SUGAR LAND RESOLUTION NO. 08-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE URBAN BEAUTIFICATION POLICY.   The motion carried with Council Members Olson, Jones, Wong , Abraham, Parmer and Schiff voting Yea and Mayor Wallace voting Nea.

 

WORKSHOP

 

LIMITED PURPOSE ANNEXATION – PORTIONS OF FORT BEND

MUNICIPAL UTILITY DISTRICTS 106, 108, AND 109 

 

Mayor Wallace introduced discussion on limited purpose annexation of portions of Fort Bend Municipal Utility Districts 106, 108, and 109.

 

Mr. Jim Callaway, Executive Director Community Development, stated the purpose of the Workshop is to review limited annexation provisions of Greatwood Strategic Partnership Agreements (SPA) prior to Council action.  The Greatwood SPA provides that certain non-residential areas in Greatwood be annexed for limited purposes to extend building regulations, extend zoning regulations, and collect sales and use tax.  The LP annexation provisions were requested by Greatwood include: sales tax to Debt Reduction Fund which will help finance cost of full purpose annexation, building and zoning regulations to address development/redevelopment quality, and some areas not subject to covenants and restrictions.  The SPA provides terms for annexation, which is annexation by adoption of ordinance by City Council, notice and hearings at SPA, and the SPA provides there is no further notice necessary prior to city annexation;  and provides that City is to annex at a specified time period. Ordinance establishes interim zoning designated by Council for conventional zoning districts and a basic PD for the golf course and country club area.  The City goal is to accomplish the purposes of the limited purpose annexation under the SPA, not to create non-conformities and hardships for the property owners.

 

HOTEL DEVELOPMENT IN THE BUSINESS OFFICE (b-o) DISTRICT

 

Mayor Wallace introduced discussion on a request to develop a hotel in the Business Office (B-O) District and associated discussion on hotel development. 

 

Mr. Jim Callaway, Executive Director Community Development, stated at a public hearing on March 4, Council requested additional information, including possible policy questions, be brought back in a Workshop. One of the decision points included how the Springhill Suites fits into City goals and investments in the area and if the proposal would have services and facilities to enhance office-employment development.  A “stand alone” CUP would be the best and only approach because an application must be filed under the current city Development Code, not a future one.  There was much discussion by area residents on hotel impacts; mainly dealing with traffic issues. Staff has researched and reviewed materials related to hotels, hotel development, and hotel transitions that were experienced elsewhere in the United States.

 

Possible long term hotel impacts include security; crime is at all hotels because hotels provide opportunities, in part due to the potential crime victims that may be staying at the hotels. A general consideration is a site plan that provides for security; does the CUP provide for adequate security; will security ensure that the viability remains for the hotel so transitional problems that older hotels go through do not occur, and are safety concerns adequately mitigated by conditions in the CUP or other conditions that might be added.

 

Other discussions were held on how B-O areas should develop.

 

Hotel site alone is not a significant loss of B-O area.  The site area includes 2-1/2 to 3 acres. The aggregate impact of Council decisions on all the B-O land, how it is used and the impact of the decision on this case on the area that remains in this particular B-O zoning district, would the hotel facilitate the city goals for the area, the community; does the proposed CUP further Council goals for the area and community, do the CUP conditions provide adequate safeguards, mitigate impacts. 

 

In conclusion, a hotel in B-O areas should be an integral part of the plan for the area, not replat and infill; should include services and facilities to support B-O office employment development; address goals, and enhance investment.  Broader regulatory issues should be addressed through Code, not individual CUPs.

The CUP could be returned to applicant, owner, to develop a plan that better enhances B-O development, services, facilities, office, and office support.

 

Broader issues involved the Planning and Zoning Commission negative recommendations. Staff identified the CUP conditions, which staff thought could be approved.  The Planning and Zoning Commission came to a different conclusion which raised issues; Council had questions, which leads to the conclusion that perhaps the CUP needs to go back to the property owner/applicant to develop a plan that better enhances B-O development, one that may better address the neighborhood and community concerns, one that could provide more services and facilities, supports office and office support facilities in the overall development of the area.

 

Ruth Lohmer, Planner, stated at the Council Public Hearing on March 4, 2008, there were a number of speakers who spoke on behalf of a group of people who attended expressing concerns regarding quality of development, location, on-street parking and other related issues.  Council requested additional information relative to information about hotels and office development in the area, and answered questions related to speakers’ comments. 

 

Summary of issues raised included: (1) quality of development, (2) defining a budget hotel, (3) on-street parking, (4) decrease in B-O availability, (5) potential for future crime, and (6) agreement with Marriott.  Quality of development:  Proposed conditions would have affected the initial quality of the hotel, yet limited influence on lasting quality. The success of a hotel impacts lasting quality, success of project has impact on surrounding property values, and location of hotel impacts the success; the question is, will the development

maintain quality through the years.  Defining a budget hotel:  No standard definitions in industry or in the regulatory context, and is location specific; a budget hotel in Sugar Land may not be considered one in another community; and a hotel not considered a budget hotel initially could turn into one through the years. Things change as development ages. On-street /truck parking: Currently, City Traffic Operations staff considers whether parking should be prohibited on a street; however, City Council has the authority to place “No Parking” signs on streets if and when deemed necessary. Decrease in B-O availability: The decision could be precedent-setting for the area. Potential for future crime:  Sugar Land P.D. has indicated that hotels pose similar threats as other commercial developments; most common crime in tri-city area hotels is vehicle break-ins, and along U.S.59, easy access in and out. Hotels with more serious crimes involve those with exterior hallways, few rooms, and not located on major roadways.

 

Agreement with Marriott:  City has a letter from Marriott indicating a 20-year franchise with approval from Marriott Development Committee no actual signed contract has been received.  The CUP runs with land; the contract would run with franchisee, not land. Staff stated Council should base determination on quality rather than contract.

 

Considerations for Council in determining whether or not to grant the Conditional Use Permit include:  sustaining quality of development, conditions influence versus guarantee quality; decrease in B-O land availability, amenities/facilities encourage employment based office uses in the area; potential for future crime, other conditions of parking lot lighting standards, security cameras could be added; Council concerns can be mitigated through development-based conditions.

 

Staff recommendations include return the CUP to applicant, owner to develop a plan that better enhances B-O development, provides more services and facilities, and supports office, office support facilities.

 

Council discussion ensued regarding a Master Plan for the property, applicant to make recommendations in the CUP for the (6) issues raised, procedure with Planning and Zoning involvement.

 

Mayor Wallace entertained comments from each Council Member on the issue.

 

Council Member Schiff stated that under certain conditions he could support this and believes there could be a set of circumstances with the right overall plan to better enhance the development that gives Council certain assurances of quality and long-term quality of the (6) issues. If the applicant is to build the hotel, the only way this could occur is to go back through the process and make substantial changes, otherwise come back with a different product.

 

Council Member Wong stated his position would be to send the CUP back to the applicant to address the (6)

issues and that he sees no need to return to the Planning and Zoning Commission; Council can make a determination, stating he was not ready to turn down the CUP, the applicant has met all the criteria of City current code, the concerns of our residents needs to be addressed.

 

Joe Morris, City Attorney, said the statute reads that the purpose of Planning and Zoning Commission is to give Council a report on the proposed project; if there were substantial changes it would normally go back for review and recommendation.  Mr. Morris stated he would defer to the Planning Department on what they consider a substantial change in a project.

 

City Manager Bogard stated a re-design of the facility would be considered a need to return to Planning and Zoning.

 

Council Member Parmer stated there is no guarantee the CUP would be approved if the applicant goes back through the process; if there are substantial changes it should be returned to Planning and Zoning Commission.  Mr. Parmer commented it is worth the time if the applicant goes through the process.

 

Council Member Abraham stated he has heard no response from the developer in regards to addressing the concerns of the citizens that were raised at the meeting, and is very concerned about a budget hotel due to crime issues involved. His position is to return to the developer for a higher standard hotel that will bring higher clientele. Mayor Wallace stated that the developer is waiting for Council response on the CUP before making any changes to address the issues.  Mr. Abraham stated if the developer would reconsider and address the issues, then he would agree to go back through the process.

 

Council Member Olson stated he would not support the hotel as it stands, but if the developer would go back and look at the site and if they can answer the (6) issues raised to the satisfaction of most of the objectors or give Council a reasonable solution with what they can develop, he would be open to reconsideration; but if the applicant returns with a “this hotel or nothing”, he would vote against it.

 

Council Member Jones stated he would suggest that the developer meet with the residents who are raising the concerns and see if the concerns can be mitigated in some way, and believes there may be some miscommunication with the residents; discussing the issues with the neighborhood representatives would be worthwhile.

 

In summary, Mayor Wallace stated if the developer believes the (6) issues can be overcome and work with staff on modifications to the CUP and with the current design, Council would vote based on the modified CUP with the additional conditions if the modifications are an overall engineering change; if there are substantial modifications for the entire track, it will have to go back to Planning and Zoning Commission.  There is no certainty that every one of the issues can be resolved; if Staff has thoughts or questions, those can be brought forward.

 

Mr. Callaway stated Council feedback will help staff advise the applicant.

 

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 Jones reported attending the Charity Choice 5KWalk which was a great fundraiser for a whole list of charities in the community.

 

Council Member Abraham reported attending the H-GAC meeting where discussions were held on a study and planning for hurricane preparedness and how the city can reach out to the homeless, senior citizens, and the handicapped; discussed state funding for Victims of Crime Acts, and vehicular school bus issue on idling. 

 

Council Member Parmer reported attending the Intergovernmental Relations Committee meeting and discussing the Access Management for Highway 6, met with legislative consultants to discuss some of the post ramifications of the previous legislative session and look forward toward the next legislative session.

WCID No. 1 will have a Board election with three individuals running for two positions.

 

Council Member Wong reported the Intergovernmental Committee, Mayor, and staff met with the new Chancellor of the University of Houston System, Dr. Renu Khator, and discussed the Committee requests for the University of Houston campus.

 

Council Member Schiff reported the Finance Committee did not meet; the Hindu New Year celebration was held on April 6; Mayor’s Youth Advisory Council held the Big Day Out event, which was a well-attended, wonderful event followed by Concert in the Park; the George Foundation held the Investment in Youth or the Youth and Philanthropy program which recognizes our youth.  The MS 150 was held which is for a very important cause. The Imperial Redevelopment design charrette was very successful, CASA Gala was held recently, Indo-American Charity Walk, and Walk in Telfair; and Fort Bend ISD named an elementary school in memory of Jan Schiff, with the formal celebration being scheduled for the 2008 after the opening.

 

CITY MANAGER REPORT

 

City Manager Allen Bogard reported that department heads met for a kick-off for the budget process; priorities that were discussed with City Council were reviewed to maintain consistency. The Rental Registration Task Force is hard at work, making progress; Mike Goodrum, Community and Environmental Services Director, anticipates wrapping up the recommendations within a couple of weeks. Mayor Wallace and Mr. Bogard hosted a meeting for the Mayor Multicultural Committee; at the Planning Retreat last fall, a principle was added to the future vision that Council wanted to create an inclusive community.  The H2O Expo will be held on Friday, April 18, at 4:00 p.m. in Town Square, and Concert in the Park on Sunday, April 20, at 5:00 p.m. at Oyster Creek Park.

 

ADJOURN

 

There, being no further business to come before Council, Council Member Olson, seconded by Council Member Schiff, moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 9:00 o'clock P.M.

 

 

 

 

_____________________________________

Glenda Gundermann, City Secretary

 

(SEAL)