Agenda Request

	City Council
	Agenda Request
Agenda Of:	may 20, 2008	Agenda Request No:		V-I
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 may 06, 2008 Approve Minutes
Exhibits:	Minutes may 06, 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 May 06, 2008.
Exhibits

STATE OF TEXAS	§
COUNTY OF FORT BEND	§
CITY OF SUGAR LAND	§

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, may 06, 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, May 06, 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 with the exception of Council Member Abraham and Council Member Olson who were 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 5:46 o’clock P.M.

INVOCATION

Council Member Michael Schiff delivered the invocation.

PLEDGE OF ALLEGIANCE

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

RECOGNITIONS

PRO PATRIA AWARD

Mayor Wallace introduced Sugar Land Chief of Police Steve Griffith who accepted the Pro Patria Award for the City of Sugar Land at the Awards Banquet in Austin, Texas on March 27, 2008.

The City of Sugar Land was selected as one of the 2008 Pro Patria Award recipients by the Texas Committee for Employer Support of the Guard and Reserve (ESGR). Over the years, the city has had numerous employees in the Guard and Reserve who have served tours in Iraq. The Pro Patria Award is the highest award the state committee can bestow on an employer who has institutionalized programs and services to go above and beyond lawful expectations in supporting their employees serving in the Guard and Reserves. Over a hundred Texas employers were nominated for the award by their employees. Other recipients of the prestigious award included American Airlines, Baker Oil Tools, City of Austin, Custom Car Crafters, FMC Technologies, Shared Technologies and Southwest Airlines.

Police Sergeant Trever Nehls, who is currently stationed in Southern Afghanistan with the U.S. Army, nominated the City of Sugar Land for the Pro Patria Award.

LAMAR JUNIOR HIGH NATIONAL HONOR SOCIETY

HOUSTON LIVESTOCK SHOW AND RODEO – 2008 MUSTANG MANIA

Mayor Wallace stated that the Lamar Junior High National Honor Society Students won honors at the recent Houston Livestock Show and Rodeo with Mustang Mania 2008. The painted life-size fiberglass Mustang named “I spy an Amigo” with baby Colt “Diesel in Disguise”, which won Best in Show 2008, were displayed in Reliant Arena during the rodeo and have been on display in the lobby of Sugar Land City Hall for the month of April.

Tracy Van Horn Reed, art instructor, coordinated the project on behalf of Amigo Energy, a local electricity provider. The mustang and colt were decorated with unique art work by the students under the direction of Ms. Reed. Mayor Wallace presented Certificates of Appreciation to Ms. Reed and the students for their efforts to prepare and promote the success and artistic talent of young people in the community.

SUGAR LAND 101 GRADUATION – CLASS OF 2008

Mayor Wallace stated the mission of Sugar Land 101 program is to familiarize citizens with decision-making processes, the structure, function, and purpose of Sugar Land City government, and to equip and encourage participants to assume a leadership role within the Sugar Land Community. The class curriculum includes three themes: The City as a Government Entity, The City as a Leader in Community Development, and the City as a Service Provider, both internal and external.

SUGAR LAND 101 GRADUATION – CLASS OF 2008 (continued)

The 2008 class of Sugar Land 101, which represents the 5^th class since its inception, included (29) Sugar Land residents. The class began meeting in February and completed the 10-week program on April 24, 2008. Included in the program were two tours focusing on development and services. Participants provided evaluations after each class and tour, and ended with a panel discussion on various public service volunteer opportunities available throughout the City of Sugar Land. Mayor Wallace thanked the Sugar Land 101 class for the dedication and commitment each has given to the City of Sugar Land and presented them with Certificates of Appreciation.

MAYOR’S YOUTH ADVISORY COUNCIL – CLASS OF 2008

Mayor Wallace stated that the mission of the Mayor’s Youth Advisory Council is to empower youth from various backgrounds to become active members in the community by providing a youthful point of view to further the progress of the community and local government. The class curriculum includes a Think Tank, City Tour, “Meet the Chiefs” session, and several service project-planning dates. Members of MYAC are encouraged to participate in various service opportunities within the community.

The 2007-2008 class of the Mayor’s Youth Advisory Council included a total of 129 Sugar Land high-school student residents. Forty-nine students are enrolled as Full Members and (44) as E-Members; an additional (36) students from Classes of 2006 and 2007 returned as Alumni Members. The Class began with induction on September 24, 2007. Since induction, the Full MYAC Members completed the curriculum and sponsored two major service projects: The “Big Day Out,” which focused on the promotion of healthy lifestyles and was held on April 6, 2008, and the continuation of the Internet Safety presentations at local middle schools. The Internet Safety initiative will be highlighted in a documentary by FOX 26 which will air on Thursday, May 8, 2008.

Mayor Wallace recognized the Full Members of the Mayor’s Youth Advisory Council Class of 2007-2008 and presented them with Certificates of Appreciation for their dedication to public service. On behalf of all the MYAC classes, the Mayor was presented with a photo album from the Members thanking him for all that he has done for the program in making it what it is today.

PUBLIC COMMENT

Mayor Wallace introduced Public Comment and entertained registered speakers.

Mr. Louis Vetrano, Jr., 14015 Southwest Freeway, general counsel representing TechRadium, a Sugar Land based company, spoke regarding Item III.I. on the Consent Agenda, Fully-Hosted ASP Emergency Alert Notification System. Mr. Vetrano stated that TechRadium bid on the project; and the bid under the proposed award is based on residence and business addresses instead of residence population, as stated in the Request for Proposal. TechRadium believes that an award based on residence and business addresses is non-responsive and should not be considered. Mr. Vetrano also questioned the fee structure and referred to an

Exhibit I from TechRadium which he provided to Council. As there is no official bid protest method, Mr. Vetrano stated that Council should consider this as TechRadium’s official protest of this bid and the potential award; and since several council members are not present, TechRadium is asking City Council to withdraw the bid, intent to award from this Agenda, reevaluate all bids, and award the bid based on fairness.

REVIEW OF CONSENT AGENDA

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

Mayor Wallace requested Item III.I. Fully-Hosted ASP Emergency Alert Notification System be pulled to the Regular Agenda for consideration.

CONSENT AGENDA

Mayor Wallace introduced III.A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1680 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ANNEXING PORTIONS OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICTS 106, 108, AND 109 FOR LIMITED PURPOSES AS PROVIDED FOR UNDER A STRATEGIC PARTNERSHIP AGREEMENT; LEVYING A MUNICIPAL SALES AND USE TAX IN THE ANNEXED AREAS; APPLYING REGULATIONS TO THE ANNEXED AREAS; AND ADDING THE ANNEXED AREAS TO COUNCIL DISTRICT TWO; III.B) CITY OF SUGAR LAND RESOLUTION NO. 08-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS IN THE CITY OF SUGAR LAND; III.C) CITY OF SUGAR LAND RESOLUTION NO. 08-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; III.D) authorizing ratification and approval of Contracts in the total amount of $33,750.00 with Lloyd, Gosselink, Blevins, L.L. P. for legal consulting services; III.E) authorizing Purchase in the amount of $191,892.53 through Texas Department of Information Resources and Mark III Systems, Incorporated for replacement of high technology equipment; III.F) authorizing Sugar Land 4B Corporation budget adjustment in the amount of $328,480.00; and authorizing project funding for services associated with Phase II of the Vision Planning process and activities related to the Cultural/Entertainment District planning efforts; III.G) authorizing execution of a Contract in the amount of $88,000.00 with CSL International for services associated with determining the feasibility of Minor League Baseball in Sugar Land; III.H) authorizing execution of a Contract in an amount not to exceed $213,950.00 with Traffic Engineers, Incorporated for city wireless network design; III.J) approval of the minutes of the regular meeting of April, 15, 2008.

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

FULLY-HOSTED ASP EMERGENCY ALERT NOTIFICATION SYSTEM

Mayor Wallace introduced a contract in the amount of $57,695.00 with The NTI Group, Incorporated dba Blackboard Connect, Incorporated for a fully-hosted ASP Emergency Alert Notification System. Mayor Wallace requested Item No. III.I. be pulled to the Regular Agenda for the purpose of further discussion.

Mr. Douglas C. Brinkley, Assistant Police Chief, stated to his knowledge there was not a specified method telling bidders what the fee structure would be and that staff did provide in an addendum to the RFP the amount of residents in the City of Sugar Land and the ETJ, but there was no mandate how the pricing should be submitted back to the City.

Mayor Wallace stated that many times when staff prepares an analysis on a service provider, price is not always the final consideration.

Mr. Brinkley stated the recommendation to City Council to award the contract to The NTI Group was based on various items; pricing which was weighted at 20 percent of the overall evaluation score, features, references and insurance. The most heavily weighted category was features; internet based features, the ability to text, send voice messages. Although the price was less with TechRadium by $11,500, there were other providers who submitted lower bids than the $57,695 NTI Group bid as well. The different features played a major role in the staff recommendation for providing the city with an emergency notification system.

Mayor Wallace asked Joe Morris, City Attorney to respond regarding legal issues or criminal allegations previously mentioned by Mr. Vetrano, general counsel for TechRadium. Mr. Morris stated there are certain procedures in the statute that would apply to any procurement process; however, in this case the city uses the proposal process and Council may award the contract to the most responsible offer and read for the record:

“The proposal is determined to be the most advantageous to the city considering the relative importance of price and other evaluation factors.” Therefore, Council has the discretion to decide which of the proposals meets that definition.

Council questioned the following: contract with The NTI Group, a one-year contract automatically renewable and either party may cancel contract within 30 days of renewal date with written notification; features included language capabilities, ability to translate text to voice or voice to text; and representatives from Police, Fire, I.T., Communications, and Emergency Management departments were included in the evaluation process for recommendation to Council.

Mayor Wallace, seconded by Council Member Parmer, with a recommendation that he would like to see the city re-bid the project next year; and that there not be an automatic option for renewal, made a motion to approve a Contract in the amount of $57,695.00 with The NTI Group, Incorporated dba Blackboard Connect, Incorporated for a fully-hosted ASP Emergency Alert Notification System.

Council Member Wong asked if the City had offered TechRadium a debriefing meeting explaining why they lost the bid and if not, could the firm request a meeting for staff to inform them of the criteria involved in the bid process.

Council Member Jones suggested that the Police Chief re-examine the bids again using the TechRadium

assumption and for clarification on the advanced features.

Council Member Schiff asked if staff felt this project could be brought back in the next meeting so the Police Chief could present the various reasons to ensure Council feels the issue has been evaluated properly. Staff stated there is a time constraint on the bid and award must be within 120 days of bid opening which is very close, but an extension may be possible. Staff will consult with Legal.

Council Member Parmer commented that the hurricane season is approaching on June 1^st and stated the implementation of the emergency system would be delayed by going back through the process. Staff stated the city still has the current system through Harris County 911 available to us; therefore, City would have access to emergency notification systems. Obviously staff would like to take advantage of new technology on the market at this time.

Following a full and complete discussion, Mayor Wallace, called for a vote on the motion to approve a Contract in the amount of $57,695.00 with The NTI Group, Incorporated dba Blackboard Connect, Incorporated for a fully-hosted ASP Emergency Alert Notification System. The motion carried unanimously.

Council Member Parmer reiterated his recommendation that the city re-bid the project next year regardless of the service.

CONTRACTS AND AGREEMENTS

HISTORICAL DOCUMENTARY – CITY OF SUGAR LAND HISTORIC PRESERVATION

Mayor Wallace introduced a Historical Documentary Contract in the amount of $120,000.00 with Image Resources Group for City of Sugar Land historic preservation.

Ms. Regina Morales, Director of Economic Development, stated historic preservation is Goal Eleven of the City’s Comprehensive Plan and states that the city should identify its role in the preservation of historical structures, area, records, and artifacts. The current heritage program elements include collection of artifacts at Imperial Sugar Refinery, creation of Sugar Land Heritage Foundation, development agreement with Cherokee Investments for the future museum, Sugar Land Heritage Exhibit currently in development, and acquisition and preservation of existing historic film and photographs to be put into a documentary production.

The historic documentary/film acquisition contract will capture and document the history of Sugar Land, and also provides the city with some of the copyright uses of the information from Image Resources Group, owners of historical film from Imperial Sugar and Sugar Creek development which spans from around 1950 to the 1970’s. A Letter of Agreement allows staff to use the historical copyrighted material and a license to City for use of historical footage, “From Cane Break to Sugar Bowl” and “Sugar Creek, A Development in Sugar Land”. The contract includes additional film, negatives, photographs and other pictorial depictions of Sugar Land history, which will allow the city not only to preserve, but to use for public display, education, format production and commercial activities. A substantial amount of the costs will be used to transfer the original footage from reels to digital format for City use. Staff wants to take this information and produce an 8-12 minute video production or documentary that captures personal history of residents in Sugar Land who may have worked at Imperial Sugar, camera interviews and includes new and historic footage.

Total cost of the documentary/film acquisition contract is $120,000 shared between 4B Corporation and HOT revenue. The 4B Corporation passed a funding resolution approving the $60,000 from the budget, and HOT budget has approved for $60,000 as well.

Following a full and complete discussion, Council Member Jones, seconded by Council Member Parmer, made a motion to approve a Historical Documentary Contract in the amount of $120,000.00 with Image Resources Group for City of Sugar Land historic preservation. The motion carried unanimously.

HOUSTON MUSEUM OF NATURAL SCIENCE – SUGAR LAND

Mayor Wallace introduced a Contract with E. E. Reed Construction, L.P. for General Contractor services and a Contract for preconstruction and construction phase services for Houston Museum of Natural Science at Sugar Land project.

Mr. Mike Hobbs, Director of Public Works, stated in February 2008, the City Council approved a resolution that allowed staff to initiate the selection process for a contractor to assist staff and the architect in renovating the Central State Farm Prison Building as part of the ongoing Houston Museum of Natural Science (HMNS) at Sugar Land project. Following that authorization Staff developed an RFP (Request for Proposal) after a Request for Competitive Sealed Proposals by which staff began soliciting proposals from contractors in the Houston area. Staff specifically approached ten contractors that were judged to be of the size and capability to complete the project. Due to the competitive commercial building market in Houston, only two proposals were received by the deadline, evaluated by staff as both were extremely competitive and would do an excellent job. Based on interviews and selection criteria, staff is recommending award of contract to E.E. Reed Construction, L.P.

The contract involves a two-phase project; (1) preconstruction phase services including assistance with design and development of cost estimates in an amount not to exceed $16,000; and (2) construction phase services which include the actual renovation of the building. Upon completion of preconstruction phase, the general contractor will provide City with a proposed Guaranteed Maximum Price (GMP) for the renovation; if proposed GMP is acceptable, Council will be asked to approve the GMP as a contract amendment and authorize the general contractor to proceed with construction. The project has a fairly short timeframe of one year to completion.

Following a full and complete discussion, Council Member Wong, seconded by Council Member Schiff, made a motion to approve a Contract with E. E. Reed Construction, L.P. for General Contractor services and a Contract for preconstruction and construction phase services for Houston Museum of Natural Science at Sugar Land project. The motion carried unanimously.

AMEND ORDER OF AGENDA

Mayor Wallace, seconded by Council Member Parmer, made a motion to amend the order of the Agenda to take up Item VI.A., Workshop on Task Force recommendation for Rental Licensing Ordinance and Program, as several Task Force members and other individuals were attending the meeting specifically for this item. The motion carried unanimously.

WORKSHOP

RENTAL LICENSING ORDINANCE AND PROGRAM

Mayor Wallace introduced discussion on Task Force recommendation for Rental Licensing Ordinance and Program.

Mr. Mike Goodrum, Director of Community and Environmental Services, stated in March 2008 at the request of Council, the City Manager appointed a Task Force to provide citizen input on the implementation of the Residential Rental Property License Ordinance. Task Force membership consisted of 11 members of the community with interests in the ordinance: (5) members representing home owners and homeowner associations, (5) members representing landlords and rental property managers, and (1) member from the city Building Standards Commission. The Task Force was asked to review each section of the ordinance, assess how the section was being implemented by staff, and recommend changes to the ordinance or implementation if appropriate. The Task Force worked diligently throughout the month of April and fulfilled its mandate by presenting the recommendation to City Manager on April 30^th, 2008. Staff has reviewed the recommendation, believes that all of the proposals would increase the clarity and effectiveness of the ordinance and the program, and thanked the Task Force members who dedicated so much time and energy to improving the Residential Rental Property License Ordinance.

The recommendation is divided into two sections: (1) Recommendations related to the Ordinance and (2) Recommendations related to Program Implementation. The Ordinance recommendations focused on clarifying the intent of the Ordinance and making the Ordinance more workable to timeframes and procedures. The Implementation recommendations focused on improvements to the application form, such as adding emergency contact information so that out-of-town or out-of-state owners can be notified in emergency situations. The changes have been made to the application form and staff has implemented the improvements.

Danny Batts, Management Assistant Community Development, stated the Ordinance recommendations include the following affected sections of the ordinance:

Section 4-120, “Definitions”. The definition of “single family dwelling” contains a confusing reference to “townhouses”. Recommendation: Townhouse is an imprecise term that can apply to several types of properties, not all of which are covered under the ordinance. Since the ordinance already specifically describes the type of townhome the city wishes to regulate, the term “townhouse” should be removed.

Section 4-122(c), “License Required”. Currently requires a property owner to obtain a license within 30 days. Recommendation: Recommend that property owners be required to apply for a license within 30 days.

Since the city issues the licenses, the owner cannot guarantee that a license can be obtained within 30 days.

Section 4-123, “Denial of License”. Currently has no criteria to govern license denial. Recommendation: Recommend that licenses be denied only for life safety or critical violations as defined by the ordinance. Remediation of other types of violations, such as property maintenance standards, should be pursued under the relevant ordinance, as in Property Maintenance Code.

Section 4-123, “Denial of License”. Currently requires an applicant to file an appeal of a license denial within (5) business days. Recommendation: Recommend that the timeframe for appeals be extended to (15) business days. Five days may not be sufficient time to gather the evidence necessary to file a proper appeal, especially for out-of-state or out-of-country owners.

Section 4-124, “Revocation of License”. Currently allows the city to revoke a license for repeated violations of any City ordinance. Recommendation: Recommend that licenses be revoked only for life safety or critical violations as defined by the ordinance. Remediation of other types of violations, such as property maintenance standards, should be pursued under the relevant ordinance, as in Property Maintenance Code.

Section 4-124, “Revocation of License”. Currently requires an applicant to file an appeal of a license revocation within (5) business days. Recommendation: Recommend that the timeframe for appeals be extended to (15) business days. Five days may not be sufficient time to gather the evidence necessary to file a proper appeal, especially for out-of-state or out-of-country owners.

Section 4-126, “Posting of License”. Currently requires a property owner to keep a hard copy of the rental license in an accessible location in the residence. Recommendation: Recommend that this section be repealed. The city does not use the on premises license to identify a property as a rental unit or determine the validity of a license. Property owner does not have custody of the residence and cannot guarantee that the tenant will maintain the license document. Anyone can contact the Rental Program and find out if a property has a valid license free of charge.

Section 4-127(b), “Inspections”. Currently allows a tenant to request an internal inspection of the property at any time. Recommendation: Recommend that if such an inspection is requested, the Property Owner will be notified of the time of the inspection and given the opportunity to attend.

Section 4-127(c), “Inspections”. Currently lays out the procedures under which the city will conduct an internal inspection. Recommendation: Recommend this section revised to clarify that it is procedural in nature. As currently worded, it could be read as authorizing internal inspections outside the specific criteria laid out in the ordinance.

Section 4-128(a)(1), “Repairs”. Currently requires all life safety violations to be remedied within 24 hours. Recommendation: Recommend that this section be amended to require that all life safety violations be

safely isolated from occupants immediately and repaired within a reasonable amount of time. Twenty-four hours may not be a realistic timeframe to fully repair a violation, especially on weekends or during holidays.

Section 4-128(a)(2), “Repairs”. Currently requires all critical violations to be remedied within 72 hours. Recommendation: Recommend that this section be amended to require that all critical violations be safely isolated from occupants within 72 hours and repaired within a reasonable amount of time. Seventy-two hours may not be a realistic timeframe to fully repair a violation, especially on weekends or during holidays.

Definition of a critical violation is a violation of the code, meaning any city ordinance, state or federal law that is capable of causing or contributing to injury or illness of an occupant. Examples would include a varmint infestation, sewage leak, broken windows.

Next steps include receiving Council feedback, draft ordinance for First Reading, final adoption in June, and voluntary compliance ends July 1.

CONTRACTS AND AGREEMENTS

DUHACSEK PARK IMPROVEMENTS

Mayor Wallace introduced a Contract in an amount not to exceed $355,087.50 with Gulf Coast Landscape Services, Incorporated for Duhacsek Park improvements.

Mr. Mike Hobbs, Director of Public Works, stated on April 24, 2008, (5) bids were opened for the Duhacsek Park Project CIP No. PK0202; confirmed low bidder was Gulf Coast Landscape Services, Incorporated. Huitt-Zollars, City consultant, completed an evaluation of bid proposals and provided a letter of recommendation indicating Gulf Coast Landscape Services is capable of completing the project.

As background information on Duhacsek Park, located at the intersection of Old Richmond Road and Voss Road, Joe Chesser, Assistant Director Parks and Recreation, stated the Park was donated to City by Virginia Duhacsek, who with her husband had owned the land since the 1950’s and wanted it to stay a green space to be used by area residents and especially children. Since the location is outside of the Sugar Land city limits, a decision was made to secure the facility and make it a reservation-only site. A Citizen Task Force assisted Staff with the Master Plan, and a reservation policy is in place for reserving the park and the picnic pavilion with the restroom building. There has been a great deal of interest from nature groups, Boy Scouts, and Girl Scouts to use the facility.

Scope of project includes the following improvements: new restroom facilities; 1500 square foot pavilion; new 40-car gravel parking lot with Fort Bend County (FBC) participation; fishing pond with County participation; granite paths; improved driveway with County participation; replacement of septic system with

MUD 41 sewer services; water service from MUD 41; lighting; and landscape berms.

Regarding the budget, City will provide approximately $40,000 in road material to help build the parking lot in addition to the $355,087.50 bid; project is funded by the 4B Corporation. Construction would begin May 2008 with project duration of 120 calendar days, and anticipated project completion September 2008.

The security system is monitored by a private firm; if the alarm is triggered, Fort Bend County Sheriff’s Office is immediately called who will contact Sugar Land Police Department as a courtesy; City is the property owner. Any calls for service will be handled by the Sheriff’s Office.

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Schiff, made a motion to approve a Contract in an amount not to exceed $355,087.50 with Gulf Coast Landscape Services, Incorporated for Duhacsek Park improvements. The motion carried unanimously.

MAIN STREET RECONSTRUCTION

Mayor Wallace introduced a Contract in an amount not to exceed $1,204,225.28 with Uticon Limited for Main Street reconstruction and authorizing a budget amendment in the amount of $95,000.00 from General Obligation Bond funds.

Mr. Mike Hobbs, Director of Public Works, stated (8) bids were received on April 24, 2008 for the Main Street reconstruction project with Uticon, Incorporated as apparent low bidder. Uticon is based in Rosenberg, Texas and has successfully completed significant construction projects for the city over the past 20 years.

Scope of the project includes reconstruction of Main Street from the intersection of Kempner and Main Street to existing new pavement just north of Seventh Street and will consist of removing and replacing the existing 30 foot wide asphalt pavement with a 30 foot wide 7 inch thick reinforced concrete pavement from Kempner to Seventh Street in order to bring the street into compliance with current City pavement and drainage standards. The installation of new concrete pavement will include an expanded storm sewer system with additional inlets, upgraded outfalls, utility adjustments, replacement of 4200 linear feet of ADA sub-standard (3 foot wide) sidewalk, ADA standard access ramps and driveway grade adjustments. A 5-foot hike and bike lane will be included on both sides of the street and an 8 foot wide steel and concrete pedestrian bridge will be installed parallel to the east side of the Main Street bridge.

The project is funded from 1999 GO Bonds issuance for street improvements and will require an additive budget amendment in the amount of $95,000 to fund the $37,588.30 budget shortfall, materials testing services of $15,000 and to fund a project contingency of $42,411. Construction schedule is 120 days from notice to proceed, commencing June 9 with completion in September 2008.

Council asked if staff could add any other traffic calming devices to Main Street such as brick surfaces on the roadway and also asked about pedestrian movement on Lakeview Drive at Main Street, as it is a crossing

leading up to the elementary school and City needs to take this opportunity to better define the crosswalk.

Staff stated they would look into the requests.

Following a full and complete discussion, Council Member Jones, seconded by Council Member Parmer, made a motion to approve a Contract in an amount not to exceed $1,204,225.28 with Uticon Limited for Main Street reconstruction and authorizing a budget amendment in the amount of $95,000.00 from General Obligation Bond funds. The motion carried unanimously.

PUBLIC HEARING

PERMANENT ZONING OF 8.279 ACRES AT UNIVERSITY BOULEVARD AND NEW

TERRITORY BOULEVARD – TELFAIR DEVELOPMENT

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on a request for permanent zoning of 8.279 acres of land located at University Boulevard and New Territory

Boulevard within Telfair Development to Standard Single-Family Residential (R-1) District.

Mr. Harold Ellis, Planner II, stated the 8.279 acres of land is located near the southwest corner of New Territory Boulevard and University Boulevard and adjacent to the Telfair Central Museum P.D., and is currently zoned Interim R-1. The rezoning would be in compliance with the General Plan. A public hearing was held with Planning and Zoning Commission on March 27, 2008 and no members of the public spoke.

As this is a future site for a Telfair Community Recreation Center, the Commission held a discussion on the appropriateness of R-1 zoning. Recreation centers are a permitted use in R-1 and the zoning is consistent with the way other recreation centers in the city have been zoned, including Telfair Section 6. The Planning and Zoning Commission unanimously recommended approval of the permanent zoning to R-1 on April 8, 2008.

Cynthia Miller, 1118 Ravens Court, requested definitions of R-1 and PD, and Ruth Lohmer provided her with the information.

Hearing no further comments, the Public Hearing was closed.

ORDINANCE NO. 1681 – PERMANENTLY ZONING 8.279 ACRES

WITHIN TELFAIR DEVELOPMENT

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1681 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING 8.279 ACRES OF LAND IN SUGAR LAND TRACT 4 WITHIN THE TELFAIR DEVELOPMENT AND LOCATED SOUTH OF NEW TERRITORY BOULEVARD AND WEST OF UNIVERSITY BOULEVARD, AS ZONING DISTRICT R-1, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT.

Mr. Harold Ellis, Planner II, stated there were no further comments.

Council Member Jones requested clarification concerning the R-1 zoning. Ms. Sabine Somers-Kuenzel,

Director of Planning, stated there were discussions between staff and the developer about adding this into the Planned Development. According to city regulations, there is nothing unique or different about the recreational site compared to other R-1 zoned recreational sites. There was discussion on the possibility of inter-use between the museum site and the recreation site, but in the end the desire was to keep the two separate. Mr. Travis Stone with Newland Communities stated if the city wants to ensure the recreation facility site is only used for recreational purposes, there must be documentation that runs with the land and Mr. Stone would be happy to comply. The current plan for the site is recreational uses such as swimming pools, tennis courts, and a meeting facility for the community.

City Attorney Joe Morris stated that most of the present and private recreational facilities are zoned for R-1, or residential zoning.

Council Member Jones questioned why the recreation site is needed as R-1. Mr. Stone stated he has completed two recreation centers already as R-1 and would like the flexibility, as with all the homes in the community that are in R-1, to express some architectural desires and felt this would be the best approach.

Council Member Jones re-stated his concern relative to the R-1 zoning stating the city has a big investment in the property and wants to ensure that it is a zoning issue, not a platting issue; and that he would vote against the ordinance.

Following a full and complete discussion, Council Member Wong, seconded by Council Member Schiff, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1681 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING 8.279 ACRES OF LAND IN SUGAR LAND TRACT 4 WITHIN THE TELFAIR DEVELOPMENT AND LOCATED SOUTH OF NEW TERRITORY BOULEVARD AND WEST OF UNIVERSITY BOULEVARD, AS ZONING DISTRICT R-1, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT. The motion carried with Council Members Parmer, Wong, Schiff, and Mayor Wallace voting Yea and Council Member Jones voting Nea.

public hearing

PERMANENT ZONING OF 7.799 ACRES AT UNIVERSITY BOULEVARD AND

NEW TERRITORY BOULEVARD WITHIN TELFAIR DEVELOPMENT TO

PLANNED DEVELOPMENT (PD) DISTRICT

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on a request for permanent zoning of 7.799 acres located at the southwest corner of University Boulevard and New Territory Boulevard within Telfair Development to Planned Development (PD) District.

Ms. Ruth Lohmer, Senior Planner, stated the proposed development of 7.799 acres is located at the southwest corner of New Territory Boulevard and University Boulevard and is currently zoned Interim R-1.

The General Development Plan is for the entire 7.799 acres which includes 5.123 acres for a museum site, the Central State Farm building, to be developed by the city and 2.676 acres for a commercial site to be developed by Newland Communities. There will be two separate Final Development plans that will contain key details of the sites and will be submitted at a later date.

The two sites are intended to be integrated so that the buildings and uses complement one another, the area

will be pedestrian-friendly, and there will be sidewalks along the access easement between the sites and may be a crosswalk across the access easement to help customers in walking from one site to the other. The city and Newland are working together to mitigate any traffic impacts that may result from the development. The

proposed development regulations are similar to those in the B-2 District, including those for yards, parking lot setbacks, landscaping, sidewalks; and the proposed use list is basically a modified B-2 District list.

Planning and Zoning Commission held a public hearing on March 27, 2008 and no members of the public spoke. The Commission discussed the proposed use list and recommended that a number of uses be removed, including drinking places without food, hotels, garden centers, and recommended that dance studios be limited to 10,000 square feet. On April 8, 2008 the Planning and Zoning Commission unanimously recommended approval of the Planned Development zoning.

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

ordinance no. 1683 – PERMANENTLY ZONING 7.799 ACRES WITHIN TELFAIR

DEVELOPMENT AS ZONING DISTRICT pd

Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1683 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING 7.799 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF NEW TERRITORY BOULEVARD AND UNIVERSITY BOULEVARD WITHIN THE TELFAIR DEVELOPMENT, AS ZONING DISTRICT PD, PLANNED DISTRICT ZONING, AND APPROVING A GENERAL DEVELOPMENT PLAN FOR THE DISTRICT.

Ms. Ruth Lohmer, Senior Planner, stated there were no further comments.

Following a full and complete discussion, Council Member Jones, seconded by Council Member Parmer, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1683 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING 7.799 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF NEW TERRITORY BOULEVARD AND UNIVERSITY BOULEVARD WITHIN THE TELFAIR DEVELOPMENT, AS ZONING DISTRICT

PD, PLANNED DISTRICT ZONING, AND APPROVING A GENERAL DEVELOPMENT PLAN FOR THE DISTRICT. The motion carried unanimously.

WORKSHOP

sugar land development code amendment

HOTELS IN THE GENERAL BUSINESS (b-2) ZONING DISTRICT

Mayor Wallace introduced discussion on Sugar Land Development Code amendment adding Conditional Use Permit requirements for hotels in the General Business (B-2) Zoning District.

Mr. Jim Callaway, Executive Director Community Development, stated the recent hotel CUP application

hearing brought focus on potential hotel/motel development impacts on neighborhoods and our community. The case highlighted limitations of current codes. Some regulatory schemes used by other Texas cities have been identified which provided examples and models that staff can build on. There is no one solution. This is an important issue and will require a comprehensive approach.

Developing a set of regulations appropriate for Sugar Land will require careful and deliberate consideration which will take time. Hotels and motels are permitted uses in the B-2 zoning district, leaving staff with limited ability to address specific community concerns resulting from future hotel/motel development applications in the B-2 District. Short term or interim code changes are necessary.

Staff has initiated a process to bring Council an amendment to require a Conditional Use Permit for hotel/motel development in the B-2 district, which is an interim measure to provide Council with regulatory authority to deal with issues while staff looks for the best long-term solution. Notices were published in the newspaper with respect to hearings before the Planning and Zoning Commission. If the process continues, staff would complete an amendment in July that requires Conditional Use Permits for hotels and motels in the B-2 district. Staff stated that the regulatory process could take anywhere from nine months to a year.

If an application is submitted before the process is complete, staff would work with the Legal Department to determine what the actual vesting status is; however, a full and complete application would have to be submitted that meets all the code requirements.

Council consensus was to move forward with staff recommendation.

Mayor Wallace introduced discussion on amending Chapter 5 of the Sugar Land Code of Ordinances to provide for civilian parking enforcement for traffic regulations.

Mr. Steve Griffith, Police Chief, stated Police Department has been using Community Assistance Support Team (CAST) volunteers to enforce handicap parking violations since the summer of 2007. The program has allowed volunteers to write warning citations and P.D. has found the program to be very effective.

The Police would like CAST members to be able to issue Municipal Violations. The Police Department and Legal Department have researched state law and city ordinance, and the concept can be accomplished by amendments to Chapter 5, Section 51 of the Code of Ordinances to simplify the existing provisions concerning traffic enforcement. The proposed amendments add a provision that the Police Chief can assign civilian employees or civilian volunteers to issue municipal citations for parking violations.

The Police Department recommends that CAST volunteers be allowed to issue Municipal Citations for parking violations and believes this ability will further increase effectiveness of the citizen based handicap parking enforcement effort.

Council presented questions related to protection from violators, if confronted, for the CAST volunteers;

clothing that designates employment with the City; and a request for adding a statement to the ordinance that CAST members are properly trained before appointed.

Council consensus was to move forward with staff recommendation.

CITY COUNCIL CITY MANAGER REPORTS

CITY COUNCIL REPORTS

Mayor Pro-Tem Parmer introduced reports from the Finance/Audit Committee, the Business Incentive Committee, and the Intergovernmental Relations Committee.

Council Member Jones reported that Election Day is this Saturday, May 10, and everyone should exercise their right to vote.

Council Member Parmer reported the city recently hosted the National Day of Prayer in Town Square Plaza, which was very well attended and he appreciated everyone who participated in the meaningful and significant event.

CITY MANAGER REPORT

City Manager Allen Bogard reported on Friday, May 16, the Sugar Land Police Department will participate in the Tip-A-Cop event, which is a benefit for Special Olympics and will be held at the Lupe Tortilla Restaurant on U.S. Highway 59 from 5:00 to 9:00 p.m.; the officers will be serving as waiters, and their tips will be donated to the Special Olympics. The Groundwater Reduction Plan has received approval through the Fort Bend Subsidence District, and the City congratulates and thanks SuEllen Staggs, Utilities Director, and her staff for the accomplishment; the city is hard at work now to implement the Plan.

The Sugar Land Regional Airport received a very prestigious recognition from the publication Aviation International News in their annual survey of the Best FBOs (Fixed Based Operations) in the Country, meaning the services and facilities that an airport provides to meet the needs of the traveling public in commercial airports. Last year the city received a ranking of No. 7 in the top 40 in the country. The city was the only municipal operated fixed based operator program that was recognized in the top 40, and this year the City was recognized as No. 5. Sugar Land Regional Airport is the only ranked airport in the State of Texas and the only municipally operated airport.

On Sunday, May 11, Concert in the Park will be held at 5:00 p.m. at Oyster Creek Park. Sunday, May 18, the city will recognize Mayor Wallace at a farewell celebration in Sugar Land Town Square from 4:00 – 7:00 p.m.

ADJOURN

There, being no further business to come before Council, Council Member Schiff, seconded by Council Member Jones, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 7:55 o'clock P.M.

_____________________________________

Glenda Gundermann, City Secretary

(SEAL)