City Council

Agenda Request

Agenda Of:

october 16, 2007

Agenda Request No:

III L

Initiated By:

Glenda Gundermann,

City Secretary

Responsible Department:

City Secretary

Presented By:

Glenda Gundermann,

City Secretary

Department Head:

Glenda Gundermann,

City Secretary

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

Minutes City Council Meeting october 02, 2007

Approve Minutes

Exhibits:

Minutes october 02, 2007

Clearances

Approval

Legal:

N/A

Executive Director:

N/A

Purchasing:

N/A

Asst. City Manager:

N/A

Budget:

N/A

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

N/A

Amount Budgeted/Reallocation:  $

N/A

Additional Appropriation:  $

N/A

Recommended Action

 

Approve the minutes of the City Council meeting October 02, 2007.

Exhibits

 

STATE OF TEXAS

§

COUNTY OF FORT BEND

§

CITY OF SUGAR LAND

§

 

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, october 02, 2007

 

REGULAR MEETING

 

The City Council of the City of Sugar Land convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Tuesday, October 02, 2007 at 5:35 o'clock P.M. and the roll was called of the members; to wit:

 

David G. Wallace, Mayor

Thomas Abraham, Council Member at Large, Position One

Daniel O. Wong, Council Member at Large, Position Two

Dennis C. Parmer, Council Member District One

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 5:42 o’clock P.M.

 

INVOCATION

 

Council Member Abraham delivered the invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

RECOGNITIONS

 

FIRE PREVENTION WEEK

 

Mayor Wallace stated Fire Prevention Week (FPW) was established to commemorate the Great Chicago Fire, the tragic 1871 conflagration that killed more than 250 people, left 100,000 homeless, and destroyed more than 17,400 structures.  The President of the United States signed a proclamation in 1925 proclaiming a national observance during the second week of October as Fire Prevention Week; this year, FPW will be observed the week of October 7-13.  During this period, Fire Chief Dannie Smith and the Fire Department will focus on public safety by informing the public about the importance of fire prevention and placing extra emphasis on targeting our youth. The theme for this year will be “Practice Your Escape Plan.” During October, the Fire Department’s Community Preparedness Division will visit third grade classes in Sugar Land to educate them with a FPW presentation, and firefighters will be visiting area daycares and preschools.  There will be banners at all the fire stations, and FPW related materials will be on hand to pass out to interested citizens. This year there will be a third grade Fire Prevention poster contest to raise parental awareness and reinforce our safety message with students. Mayor Wallace presented a proclamation to Fire Chief Smith and the Fire Department and thanked them for their commitment and dedication to fire safety for the citizens of Sugar Land.

 

COMMUNITY OF RESPECT

 

Mayor Wallace stated Sugar Land is recognized for its diversity – a community respectful of all; and it is important that we continue our personal and united efforts to create and maintain a strong, vibrant Community of Respect. The Anti-Defamation League invited the City of Sugar Land to join its Community of Respect program, which provides a framework for fighting hatred and promoting respect in businesses, law enforcement, places of worship, media, sports and entertainment, government, higher education, and nonprofit community groups.

 

The city has achieved the necessary steps for qualification and participated in activities supporting a Community of Respect; the inclusion of Sugar Land 2007 City Calendar featuring various religious holidays, the completion by Police Chief Griffith of an ADL Counter-Terrorism Training for senior law enforcement officials, the sponsorship of a Big Day Out for the community that featured entertainment and the signing of the Resolution of Respect by more than 1,000 residents of Sugar Land, and the co-sponsorship and implementation of a Diversity Summit that focused on workplace diversity.

 

The banner serves as the City of Sugar Land’s commitment to the “Community of Respect” program and our willingness to become partners with the Anti-Defamation League to promote respect and celebrate diversity while fighting all forms of prejudice.

 

Mayor Wallace introduced Dr. Timothy Jenney, Superintendent of Fort Bend Independent School District, Mr. Martin Cominsky, Southwest Regional Director of the Anti-Defamation League, and Mr. Adam Segal, Anti-Defamation League Board Member; and thanked them all for the countless hours and the leadership provided on this important issue.  Mayor Wallace thanked the individuals on behalf of City Council, city staff, and the citizens of Sugar Land, for this very distinguished honor.                     

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. 1642 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING HOSPITAL FACILITY LOCATED AT 1550 FIRST COLONY BOULEVARD; III.B)  SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1641 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, PROVIDING FOR A CHANGE OF ZONING FROM MIXED USE CONSERVATION ZONING DISTRICT (MUC) TO BUSINESS OFFICE ZONING DISTRICT (B-O) FOR APPROXIMATELY 31 ACRES OF LAND LOCATED ALONG MATLAGE WAY BETWEEN GUENTHER AND AZALEA STREETS; THE EAST SIDE OF BROOKS STREET BETWEEN U.S. 90A AND GUENTHER STREET; AND ALONG THE SOUTH SIDE OF U.S. 90A EASTBOUND FROM GUENTHER STREET TO OYSTER CREEK; III.C) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1645 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 2, OF THE SUGAR LAND DEVELOPMENT CODE BY AMENDING REGULATIONS FOR THE MIXED USE CONSERVATION DISTRICT; III.D)  SECOND CONSIDERATION:  CITY OF SUGAR LAND ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER TWO OF THE CODE OF ORDINANCES BY DELETING THE FEE FOR A CONDITIONAL USE PERMIT WITHIN THE MIXED USE CONSERVATION DISTRICT AND ADDING A FEE FOR A SITE DEVELOPMENT PERMIT IN THE MIXED USE CONSERVATION DISTRICT; III.E) CITY OF SUGAR LAND RESOLUTION NO. 07-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE CITY OF SUGAR LAND FISCAL YEAR 2007-2008 WORK PLAN; III.F)  authorizing execution of a Contract in the amount of $33,000 with MKP Consulting for Community Development Block Grant administration services for the period October 1, 2007 through September 30, 2008; III.G)  bid evaluation and authorizing execution of a Contract in the amount of $283,933.16 with Seward Management, LLC dba Texas Lawn and Landscape Services for state Rights-Of-Way landscape beautification for the period October 1, 2007 through September 30, 2008; III.H)  authorizing Purchase in the amount of $84,543.60 through Texas Building and Procurement Commission Cooperative Purchasing Program for photocopier rental for the period October 1, 2007 through September 30, 2008; III.I)  approval of the minutes of the regular meeting of September 18, 2007.

 

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

 

CONTRACTS AND AGREEMENTS

 

CONTINUOUS LIGHTING SYSTEMS – U.S. HIGHWAY 59

 

Mayor Wallace introduced consideration on an Agreement with Texas Department of Transportation for construction, maintenance and operation of continuous lighting systems along U.S. Highway 59 from U.S. Highway 90A to State Highway 6. 

 

Mr. Michael Leech, Assistant Public Works Director, stated when a municipality reaches a population of 50,000, TxDOT is able to transfer operation and maintenance responsibilities for state infrastructure, other than pavement, located within that municipality to that municipality.  The state still owns the infrastructure; the city is responsible for the operation and maintenance costs.  In 2001 the first phase of the U.S. 59 widening project was still underway and the high mast lighting facilities had not yet been constructed.  Therefore, TxDOT did not include the operation and maintenance responsibilities for the high mast lighting system in the 2001 agreement. 

 

There are 27 high mast lights in operation from the eastern city limit line near U.S. 90A to just north of Sweetwater Boulevard on U.S. 59, as well as a series of smaller lights, or wall packs,  used to illuminate the roadway below the bridges along the U.S. 59 main lanes. TxDOT completed maintenance of the 27 lights in 2006; the wall pack lights require no such maintenance.  An additional 30 high mast lights and wall packs are being installed in conjunction with the on-going U.S. 59 project. City will be asked to assume the operation and maintenance responsibilities for these lights once the construction phase is complete in late 2008 or early 2009.

 

Regarding ballpark costs on operation of the lighting system, Mr. Leech stated that estimates would be about $90,000 for energy costs, and maintenance service levels for the high mast lights call for a basic maintenance cycle every three years. An inspection of the lights was recently conducted and found them to be in good working condition; service life of a high mast light is estimated to be 40 years. Anticipated maintenance costs would be below $25,000 which could be executed without Council approval.

 

Following a full and complete discussion, Council Member Wong, seconded by Council Member Abraham, made a motion to approve execution of an Agreement with Texas Department of Transportation for construction, maintenance and operation of continuous lighting systems along U.S. Highway 59 from U.S. Highway 90A to State Highway 6.  The motion carried unanimously.

 

STREET SWEEPING

 

Mayor Wallace introduced consideration on bid evaluation and a Contract in an amount not to exceed $149,700.00 with Kustom Sweeping, LLC for street sweeping for the period October 2, 2007 through October 1, 2008.

 

Mr. Mike Hobbs, Director of Public Works, stated in July 2007 the city received one qualified bid for street sweeping services from Kustom Sweeping, LLC, who has been the street sweeping contractor for the past three years and has been performing the sweeping services under the same contract unit costs without a price increase. The scope of the contract is to provide routine cleaning of high volume major streets and intersections including the U.S. 59 service roads and main lane shoulders, the U.S. 90A/U.S. 59 underpass, State Highway 6; the roads are swept bi-weekly, monthly and quarterly based on location and traffic volumes.

 

The contract is for (1) base year and (2) one-year extensions mutually agreeable by both parties with a provision for an escalator clause, unspecified amount and negotiable, which for the past three years the firm did not choose to exercise.  Under the new contract, Kustom Sweeping has increased the two main rates by $20 per hour; local street sweeping will be $110 per hour and U.S. 59 will be $400 per hour.  Public Works has researched these rates and found them to be reasonable.  The owner of Kustom Sweeping reported the rate increases were mainly due to increased diesel fuel costs.   Staff has coordinated with TxDOT, who will take the lead on the sweeping of U.S. 59; and the city will supplement TxDOT efforts on a monthly or as-needed basis.

 

The term of this contract is for a period of one year with an option to renew for two additional years, commencing on October 2, 2007, in addition to a 30-day cancellation clause.

 

Discussion ensued on Staff analyzing street sweeping to determine if the city should continue with service from outside sources or look at the possibility of bringing it in-house.

 

Following a full and complete discussion, Council Member Olson, seconded by Council Member Schiff, made a motion to approve execution of a Contract in an amount not to exceed $149,700.00 with Kustom Sweeping, LLC for street sweeping for the period October 2, 2007 through October 1, 2008.  The motion carried unanimously.

 

VARIANCE

 

DRIVEWAY SEPARATION – SUGAR LAND FIRE STATION NUMBER ONE

 

Mayor Wallace introduced consideration on a Design Standard Variance for driveway separation for Sugar Land Fire Station Number One located at Matlage Way and Brooks Street.

 

Mr. Pat Walsh, Assistant City Engineer, stated the city is proposing a new Fire Station No. 1 which will be located on Matlage Way and includes a small parking lot which is adjacent to the emergency vehicle egress

drive. The driveways for these two items are 67 feet apart. Article VIII. Driveways, Section 5-51 of the City’s Subdivision Regulations, states that driveways may be placed no closer than 165’ on a major collector in order to reduce conflict points and to facilitate traffic flows.  This request for variance is for driveway separation that will permit construction of an adjoining driveway 75’ from the main fire station equipment access driveway on Matlage Way.  The purpose of the second driveway is to provide access to a parking lot that is designated for public parking.  The justification for the variance request is based on the fact that there is minimal amount of visitation by the public to our fire stations.  Any possible conflicts between emergency traffic and public traffic in the vicinity of the driveways will be mitigated by advanced warning lights to be installed near the station and the use of lights and sirens by fire apparatus in the times of emergencies.

 

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Abraham, made a motion to approve a Design Standard Variance for driveway separation for Sugar Land Fire Station Number One located at Matlage Way and Brooks Street.  The motion carried unanimously.  

 

PUBLIC HEARING

 

SUGAR LAND MASTER DRAINAGE PLAN UPDATE

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on Sugar Land Master Drainage Plan update.

 

Mr. Christopher Steubing, City Engineer, stated the Master Drainage Plan is a conceptual planning document for drainage and flood control and provides guidance for establishing policy.  Staff previously held workshops with City Council and Planning and Zoning, and recently received a recommendation for adoption from Planning and Zoning. 

 

Mr. Shashi Kumar, Drainage Engineer, provided a brief overview of the process and focused on specific questions from Council at the last workshop.

 

The update Process was divided into two distinct phases.  Phase 1 involved the Coordinating Committee where multi-jurisdictional issues were addressed.  There are a number of drainage entities in the City and the main focus was to identify each entity’s roles and responsibilities, which entity maintains what facilities, and who is taking care of the drainage needs of our citizens.  The main focus in Phase 2 was issues specific to City, and the Coordinating Committee was not involved in this process.

 

Phase 1 – Summary identified each entity’s roles and responsibilities; the Drainage District, the LIDs, the MUDs, and the city.  Public needs are served by multiple entities. Staff found there are some gaps and/or duplications, and the goal is to eliminate the gaps and ensure that the system works well and the tax dollars of the citizens are used appropriately.  During the Phase 1 update, staff found that the role of the city in drainage has drastically increased, and city is playing a coordinating, regulatory, and operating role. 

 

Phase 2 – Summary involved developing ranking criteria by assigning weights as to which projects the city should act on first.  Locations which have had extensive structural flooding will be top priority;  followed by street flooding or nuisance flooding issues, and the quality of life issue.  Any projects that are brought forward for Council approval or included as part of the CIP program will go through this process.  Staff developed a“threshold”criteria for city subdivisions built prior to current design standards and not built to current drainage standards; and to evaluate performance of the drainage system of the subdivisions, Staff will use the threshold criteria to screen the complaints and identify a project or problem that can be further ranked and listed in the CIP program for potential funding.

 

Proposed threshold limits include:

Structural Flooding (top priority)

            -           2-year to 100-year event

            -           “Riverine” or “Street” flooding

Street Flooding

            -           Exceeds TOC/ ROW (minor events)

            -           Occurs more than once a year

            -           Duration of ponding exceeds 4 hours

 

Mr. Kumar summarized the proposed policy which includes: evaluate complaints based on threshold criteria and apply ranking criteria for projects that exceed threshold limits; ranking is based on weights – structural flooding, street flooding (major to minor), and impact on quality of life; and rank projects for inclusion in CIP.

 

Staff’s recommendations are to adopt the updated Master Drainage Plan with the proposed policy changes which will allow staff to focus dollars on critical areas and be fiscally responsible.  This policy and criteria will be used to formulate the city’s drainage Capital Improvement Program in the future.

 

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

 

ORDINANCE NO. 1649 – 2007 MASTER DRAINAGE PLAN

 

Mayor Wallace introduced FIRST CONSIDERATION:  CITY OF SUGAR LAND ORDINANCE NO. 1649 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE 2007 MASTER DRAINAGE PLAN AS A PART OF THE COMPREHENSIVE PLAN.

 

Mr. Christopher Steubing, City Engineer and Mr. Shashi Kumar, Drainage Engineer, stated there were no further comments.

 

Following a full and complete discussion, Council Member Abraham, seconded by Council Member Wong, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1649 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE 2007 MASTER DRAINAGE PLAN AS A PART OF THE COMPREHENSIVE PLAN. The motion carried unanimously.

 

PUBLIC HEARING

 

STRATEGIC PARTNERSHIP AGREEMENT – FORT BEND MUNICIPAL UTILITY DISTRICT

NO. 106, 108, 109 AND 117 (GREATWOOD COMMUNITY)

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on a Strategic Partnership Agreement with Fort Bend Municipal Utility District No. 106, 108, 109 and 117 (Greatwood Community) for municipal services and future annexation of the districts.

 

Mr. Jim Callaway, Executive Director Community Development, stated this is the first of two public hearings regarding a Strategic Partnership Agreement between the City of Sugar Land and Fort Bend County Municipal Utility Districts 106, 108, 109, and 117 (Greatwood).  The SPA outlines the manner in which municipal services will be provided to the Greatwood community before and after annexation, and also lays out the terms and conditions of annexation.   The key provisions of the SPA provide for:

 

(1)  Pre-annexation Services, including:

GRP Services:

This provision allows Greatwood to participate in the city Groundwater Reduction Plan at the same base rates as City residents, plus the Out of City service fee until full purpose annexation.

                  Fire Protection Services:

The Districts will pay for services under the current fire services agreement until 2/01/2016, at which point they will pay the full cost of service plus the 20% Out of City surcharge.

Regional Utility Services:

The City and Districts agree to cooperate for development and use of regional utility services.

Police Services:

The City and Districts agree to use good faith efforts to negotiate an agreement to provide police services to Greatwood within 12 months.

(2)  Debt Reduction Fund:

This fund captures revenues from annexation including the Out of City surcharge and places them into a fund that will later be used to pay for costs related to annexation; also captures $150,000 for each group of MUDs from the MUD No. 1 sales tax.

(3)  Limited Purpose Annexation:

This provision provides that City will annex Greatwood Districts’ non-residential areas for purposes of sales and use tax and extending the City building and land use regulations. As part of the limited purpose annexation, there will be a separate annexation process that deals with TxDOT right of way because there are portions of District that are not contiguous to areas currently within the city or areas that can be annexed in Greatwood.

(4)  Full Purpose Annexation:

This provision provides that Districts will be annexed simultaneously no later than the date at which all Greatwood Districts have retired debt. City will provide one-year notice prior to annexation. The SPA provides for annexation process by adoption of ordinance by Council with no further hearings.

(5)  Post Agreement Actions:

                  Districts will not issue debt except for emergencies without prior City consent.

 

Mr. Paul Davis, 6603 Cypress Village, Sugar Land, expressed concern regarding communication with the residents of Greatwood and informing them of the future annexation of the districts, and stated that this information should be well publicized. 

 

Mr. Alex Garcia, of Allen, Boone, Humphries, Robinson LLP, 3200 Southwest Freeway, Houston, stated the firm represents the Municipal Utility Districts in Greatwood and that postcards were sent to all residents informing them of the Public Hearing in Greatwood on September 27; a number of newsletters were also prepared for the residents regarding the upcoming SPA process. Mr. Garcia stated the MUDs are in favor of the Strategic Partnership Agreements which extend the existing partnerships that the districts already have with the city. He thanked the City and staff for all their hard work on this long process.

 

Hearing no further comments, Mayor Wallace closed the Public Hearing.

 

PUBLIC HEARING

 

STRATEGIC PARTNERSHIP AGREEMENT – FORT BEND MUNICIPAL UTILITY DISTRICT

NO. 67, 68, 69, 111 AND 112 (NEW TERRITORY COMMUNITY)

 

Mayor Wallace convened the Public Hearing to receive and hear all persons desiring to be heard on a Strategic Partnership Agreement with Fort Bend Municipal Utility District No. 67, 68, 69, 111 and 112 (New Territory Community) for municipal services and future annexation of the districts.

 

Mr. Jim Callaway, Executive Director Community Development, stated the Strategic Partnership Agreements for New Territory Municipal Utility Districts are similar to the Greatwood SPAs.  The SPA outlines the manner in which municipal services will be provided to the New Territory community before and after annexation, and also lays out the terms and conditions of annexation.  The key provisions of the SPA provide for the following: 

 

Pre-annexation services include the Groundwater Reduction Plan services. This provision allows New Territory to participate in the City’s groundwater reduction plan services at the same base rates as City residents, plus the Out of City service fee until full purpose annexation. 

 

Under the terms of this strategic partnership, City has an existing Fire Protection Services agreement with New Territory that renews annually.  Under terms of the agreement, City will acquire a site by January 1, 2008, and build a fire station. Design of the fire station will commence within three months of fire plan approval, and construction will start within 15 months of fire plan approval.  The Districts will fund 40% of the fire station capital costs (up to $1.28M).  Fire services will be provided under terms of the current agreements until 12/31/07. Beginning 2008, the Districts will pay the current rate plus 20% Out of City surcharge; and after the station is completed, full cost of service plus 20% Out of City surcharge (pro rated by District).

 

Full Purpose Annexation includes the following:  City annexes all Districts simultaneously, but no earlier than 1/01/2017 and no later than the date all Districts have retired debt.  City provides one year notice prior to annexation, and by adopting ordinance, no further public hearings.  If Districts have outstanding additional capital debt (funding fire station or wastewater reuse system), they will continue as a limited district after annexation. The city will assume control/operation of limited district facilities.

 

City will expand the current New Territory Wastewater Treatment Plant (WWTP), at its own expense, to serve New Territory and the city with a new capacity of 10.5 MGD.  The new plant capacity will be reflected in the city’s Wastewater Master Plan.  City and the District will jointly submit an amendment to the plant’s current TCEQ discharge permit.  The city will only construct the expanded Wastewater Treatment Plant on the current site, subject to any limitation placed upon the city by FEMA floodplain revisions.  If decisions from FEMA require City to construct the expanded Wastewater Treatment Plant on lands not within the agreed upon site, the Districts’ Review Committee must approve the deviance; the City and Districts have agreed to restrict the expansion site to an agreed upon footprint.  Odor abatement provisions, tree buffers, and landscape screening will be included in the plant expansion. The city will be added as a party to the District’s Waste Disposal Agreement no later than the commencement of construction on the expanded WWTP, and the District will convey the existing WWTP to the City upon execution of the amended Waste Disposal Agreement.  The city will consider the input of the Review Committee on all matters regarding the WWTP, but the final decision will rest with the City.  Districts will grant the city all easements necessary to effectuate city use of the expanded Wastewater Treatment Plant, and  the city will retain Eco Resources, Inc. as plant operator for at least (6) months following the expansion of the plant.

 

Designation of Park Property: The City will agree not to use the rest of its property surrounding the Wastewater Treatment Plant expansion for any purpose other than for public parks and open space reserve.

 

Wastewater Reuse System: The city will grant to Districts the right to utilize up to 2.5 MGD of wastewater effluent from the expanded Wastewater Treatment Plant for the purpose of providing irrigation to New Territory.  The right upon dissolution passes to the New Territory Residential Community Association.  The city will incur no costs associated with any reuse system. If the Districts issue debt for that reuse system, they can be annexed and remain in place as a limited purpose district for the purpose of retiring that debt.

 

Once the Districts have held their two mandatory hearings and the Strategic Partnership Agreements have been adopted, the agreements will be brought to Council for formal consideration and adoption.

 

Mr. Bart Hatfield, 726 Winston Lane, resident of New Territory, and president of the New Territory Homeowners Association, Ft. Bend MUD No. 69 director, and member of the Annexation Committee, endorses the agreement and expressed his appreciation to Staff and members of his committees who have worked so diligently on this process.

 

Hearing no further comments, Mayor Wallace closed the Public Hearing.

 

ORDINANCES AND RESOLUTIONS

 

RESOLUTION  NO. 07-32 – CANDIDATES - FORT BEND COUNTY

CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS

 

Mayor Wallace introduced CITY OF SUGAR LAND RESOLUTION NO. 07-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR THE FORT BEND COUNTY CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS FOR THE 2008-2009 TERM OF OFFICE.

 

Ms. Donna Svatek, Treasury Manager, stated that every two years the county, cities, school, MUD, and LID districts have the responsibility to appoint by vote five members to serve as Board of Directors of the Central Appraisal District (CAD). The five members serve a two-year term beginning January 1 of even-numbered years. The eligibility requirements for serving as a CAD board member are: 

·        Must be at least a two-year resident of the district just prior to swearing in

·        Cannot be a taxing unit employee

·        Cannot provide contracted services to the district or contracted services involving property tax matters to a taxing unit or have a 10% interest in a business doing so

·        Cannot be a relative within the second degree by blood or marriage of persons conducting business in the district as a paid property tax agent or a fee appraiser.

The existing board members who will be seeking re-election are Lee Duggan III, Bobby Rich, Thomas Shirley, Ken Bryant, and Kevin Welsh.  The deadline for nominating candidates is October 15, to the Chief Appraiser.  Once the nominees have been submitted, a ballot will be created and City Council will have the opportunity to vote on one or more candidates by December 15.  Council will be asked to cast its votes by resolution at the December 4 Council meeting.

 

Following a full and complete discussion, Council Member Jones, seconded by Council Member Parmer, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 07-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, NOMINATING  Lee Duggan III, Bobby Rich, Thomas Shirley, Ken Bryant, and Kevin Welsh  FOR THE FORT BEND COUNTY CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS FOR THE 2008-2009 TERM OF OFFICE. The motion carried unanimously with the exception of Council Member Schiff, who abstained.

 

WORKSHOP

 

FEDERAL EMERGENCY MANAGEMENT AGENCY

MAP MODERNIZATION UPDATE

 

Mayor Wallace introduced discussion on Federal Emergency Management Agency map modernization update. 

 

Mr. Christopher Steubing, City Engineer, stated that FEMA started the Map Modernization Project in 2004 for all National Flood Insurance Program (NFIP) participating counties.  The city has participated with funding in order to expand the scope to include Oyster Creek, and Fort Bend County has provided additional funding to conduct a revised Hydraulic and Hydrologic study for the Brazos River. The analysis of both drainage systems is underway and nearing completion.

 

Mr. Steubing presented an overview of the latest information regarding the anticipated schedule and outcome from the information that was received to date regarding the raising of the levee heights in and around Sugar Land and the latest information from FEMA.

 

The scope involves producing Digital Flood Insurance Rate Maps (DFIRM), a nationwide effort initiated by FEMA, and detailed studies being performed for the Brazos River and Oyster Creek.

 

Current status includes the following: 

•         Oyster Creek Study is fairly complete.

•         Brazos River Study is underway and being reviewed by Technical Committee (July 2007).

•         Preliminary maps anticipated in Spring 2008

•         New maps anticipated to become effective in June 2009

 

The following issues are underway and being resolved:

•         Potential increase in Base Flood Elevations (BFE) and levee re-certification

•         Retrofits to existing levee systems is ongoing

•         Proposed First Colony perimeter levee issue has been resolved.

•         Timeline for completing improvements

 

As Floodplain Administrator, the city’s role is to review and approve construction plans, provide spoil from City park property, and work closely with LIDs and other agencies to facilitate this process.

 

Meetings were held with engineers representing Fort Bend County LID 2, LID 14, and First Colony LID 2 to discuss contractual obligations relative to obtaining the material and excavating the White Lily Pond within the Brazos River Corridor park area. City is proposing to dig a 10-acre lake, and soil borings were done on-site. There is 6-7 feet of suitable material that the levee districts have confirmed for their levee increases.  Within Fort Bend County LID 2, LID 14, and First Colony LID 2, their levee improvements are approximately 80,000 cubic yards. Proposed haul routes have been identified with Parks Department and LID 17 to determine the best feasible route in and out of the property so there will be one limited disturbance to the Sugar Land Memorial Park area.

 

Status updates include the following:

•         City’s park site has suitable material.

•         First Colony LIDs have bid their projects.

•         City and FBC LID 2 (First Colony), FC LID 2 (Commonwealth), and FBC LID 14 (Avalon) are        to enter into agreements.

LID 17 CLOMR (Tract 5) approved

•         Tract 5 levee construction underway

•         Plan review status

            -           FBC LID 14 (approved)

            -           FBC LID 2, FC LID 2, FBC LID 11, and FBC LID 15 (under review)

 

Agreements are anticipated to be ready for Council’s approval on October 16.  Construction would commence shortly thereafter and is expected to take approximately four months, with 60 days for the smaller areas.  Fort Bend County LID 2 is proposing a bond election, and Staff will have more information available after the FBC LID 2 board meeting.

 

City Manager Bogard stated once a final determination of Base Flood Elevation by FEMA is made and our levees are improved, the city will need to ensure that the models being created to establish the Base Flood Elevation are maintained and current with changes that occur along the river by new levees being built. This would be the responsibility of not only the City, but a cooperative effort with the county; however, it is important in representing our citizens that more attention is paid to this issue than has been in the past.

 

CITY COUNCIL CITY MANAGER REPORTS

 

CITY COUNCIL REPORTS

 

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

 

Council Member Schiff reported on the success of a combined Districts 3 and 4 Town Hall meeting resulting in great attendance and overall enthusiasm and expressed appreciation to the supportive staff; attended the Sugar Land Development Corporation meeting; Fort Bend Mayors and Council Members met at the Fort Bend County Fairgrounds, and Council Member Schiff and Council Member Olson met and completed the Municipal Court Judge review.

 

Council Member Parmer attended a reception for the new British Consulate General, the Transportation Policy Council meeting, and the Annexation meeting.

 

Council Member Abraham reported attending the Business Incentive Committee meeting.

 

Council Member Jones reported attending the combined Districts 3 and 4 Town Hall meeting and the Chinese National Day Celebration which was a very impressive event. 

 

CITY MANAGER REPORT

 

City Manager Bogard reported on a successful Greatwood Public Hearing, which was to inform the residents about the Strategic Partnership Agreement, Groundwater Reduction Plan negotiations, and agreements that are currently in the approval process, and there was a tremendous amount of public support and understanding of the issues; and he thanked Council Member Parmer for his attendance and moral support at the hearing.  Mr. Bogard was pleased to announce that Mr. James Browne has accepted the position of Sugar Land’s Director of Parks and Recreation and comes to the city with 25 years of experience working in the public sector in park settings and with excellent credentials.  Mr. Bogard reminded everyone that the Crime Prevention Fair will be held on October 6th at 10 a.m. in Lost Creek Park.

 

RECESS REGULAR MEETING

 

Mayor Wallace recessed the Regular Meeting to go into Closed Executive Session, time 7:42 o’clock P.M.

 

CLOSED EXECUTIVE SESSION

 

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

 

            Personnel Matters:  Section 551.074, Texas Government Code.

 

a)      For the purpose of discussion with respect to the Municipal Court Judge annual performance evaluation.  Council Member Donald Olson and Council Member Michael Schiff.

 

b)      For the purpose of discussion with respect to the City Manager annual performance

evaluation.    Mayor David Wallace.

 

ADJOURN CLOSED EXECUTIVE SESSION

 

Mayor Wallace adjourned the Closed Executive Session, time 8:44 o’clock P.M.

 

RECONVENE MEETING

 

Mayor Wallace reconvened the Regular Meeting time 8:53 o’clock P.M.

 

MUNICIPAL COURT JUDGE

 

Mayor Wallace introduced consideration on setting the annual salary for Sugar Land Municipal Court Judge. 

Council Member Michael Schiff stated he and Council Member Donald Olson completed a review of the annual performance evaluation of the Municipal Court Judge and recommended a salary action.  Council Member Donald Olson stated that the recommended salary action is a six percent increase on the current compensation.

 

Council Member Schiff,  seconded by Council Member Olson, made a motion to increase by six percent the annual salary of the Sugar Land Municipal Court Judge.  The motion carried unanimously.

 

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 8:54 o'clock P.M.

 

 

 

 

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Glenda Gundermann, City Secretary

 

(SEAL)