Agenda Request

	City Council
	Agenda Request
Agenda Of:	04-06-10	Agenda Request No:		iii-k
Initiated By:	linda drapp, administrative 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 march 16, 2010 Approve Minutes
Exhibits:	Minutes march 16, 2010
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 March 16, 2010.
Exhibits

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

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, march 16, 2010

REGULAR MEETING

The City Council of the City of Sugar Land convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Tuesday, March 16, 2010 at 5:30 o'clock P.M. and the roll was called of the members; to wit:

James A. Thompson, Mayor

Thomas Abraham, Council Member at Large, Position One

Jacqueline Baly Chaumette, Council Member at Large, Position Two

Donald L. Smithers, 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 James Thompson convened the session, open to the public, to order at 5:33 o’clock P.M.

INVOCATION

Council Member Olson delivered the invocation.

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

Mayor Thompson introduced Public Comment and entertained registered speakers. There were no public comments.

REVIEW OF CONSENT AGENDA

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

Mayor Thompson stated Items III.D, Resolution No. 10-09, and III.E, Resolution No. 10-13, were being pulled to the Regular Agenda.

consent agenda

Mayor Thompson introduced III.A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1776 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE II REQUIRING BUILDING CONTRACTORS TO REGISTER WITH THE CITY; III.B) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1772 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING SECTION TWO OF THE CODE OF ORDINANCES BY AMENDING FEES FOR VARIOUS CITY SERVICES; III.C) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING 8.018 ACRES OF LAND LOCATED SOUTH OF TELFAIR AVENUE AND WEST OF KEMPTON AVENUE IN THE TELFAIR DEVELOPMENT AS STANDARD SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT; III.F) Authorizing Purchase of Digital Evidence Management System software from Foray Technologies in the amount of $64,249.92 for Sugar Land Police Department; III.G) Authorizing Purchase of fifteen handheld electronic ticket writers from Brazos Technology, Incorporated in the amount of $57,550.00 for Sugar Land Police Department; III.H) Authorizing a budget adjustment in the amount of $165,000.00 in revenues and expenditures for the Edward Byrne Memorial Justice Assistance Formula Grant Award for purchase of Communication Consoles for Sugar Land Police Department; III.I) Authorizing execution of an Agreement by and between the City of Sugar Land and Teresita’s Catering for Airport Terminal Café Concession; III.J) Authorizing the City Manager to execute a Notice of Termination to the September 06, 2002, Agreement by and between the City of Sugar Land, Newmark Homes Purchasing, L.P., and Newmark Home Corporation; III.K) Authorizing execution of a one-year Contract renewal in the maximum amount of $90,000.00 with Sugar Land Auto Parts for auto parts; and authorizing combined purchases in an amount not to exceed $45,000.00 from Helfman Ford for Ford repair parts; from Finnegan Auto, L.P. through the Interlocal Agreement with Fort Bend County for GM repair parts; and from Finnegan Chrysler Jeep Dodge through the Interlocal Agreement with Fort Bend County for Chrysler repair parts for the period through March 2011; III.L) Authorizing execution of a Contract in the maximum amount of $151,950.00 with Prime Control, L.P. for River Park and Riverstone water plant Water Well Supervisory Control and Data Acquisition installation; III.M) Authorizing execution of a Contract in an amount not to exceed $30,000.00 with Coats Rose Yale Ryman and Lee, P.C. for Surface Water Treatment Plant Construction Manager at Risk legal services; III.N) Authorizing execution of Change Order Number Two, in the maximum amount of $125,148.00, with Freese and Nichols, Incorporated, for Dulles Avenue outfall improvement design services; and authorizing a budget reallocation in the amount of $118,037.00 to CIP STO801; III.O) Approval of the minutes of the regular meeting of March 02, 2010.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Smithers, made a motion to approve the Consent Agenda with the exception of Items III.D and III.E, which were pulled for consideration on the Regular Agenda. The motion carried unanimously.

resolution no. 10-09 – prevailing wage rates for public works contracts

Mayor Thompson introduced CITY OF SUGAR LAND RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, DETERMINING THE PREVAILING WAGE RATES FOR CITY OF SUGAR LAND PUBLIC WORKS CONTRACTS, stating that Council Member Jones requested that Item III.D be pulled to the Regular Agenda for the purpose of discussion.

Ms. Eugenia Cano, Assistant City Attorney, stated Texas law requires that the City establish prevailing wages to be used on public works contracts. The City is required to put the prevailing wages into contracts for public works projects and the contractor must pay the prevailing wages to its workers on the contract. The hourly wage for workers on city public works contracts must be established by the City Council in one of two ways: 1) By conducting a local survey of wages received by classes of workers in the city, or 2) By using the wages determined by the U. S. Department of Labor (DOL) according to the Davis-Bacon Act.

The DOL has a website that contains all of the hourly wages for various classes of workers in each county; the City has traditionally used the DOL wage rates in its contracts.

While the City has required that the prevailing wages be paid to workers since the law was enacted, not all of the prevailing wages are adopted by the City Council due to some of the projects having small contract amounts that do not require Council approval. To ensure full compliance with State law, staff recommends that City Council adopt the resolution to establish the prevailing wage to be used for all City public works contracts.

Council Member Jones inquired if a local survey of wages would reveal a different rate structure.

Mr. Michael Hobbs, Director of Public Works, stated that the rates are geographically modified, and his findings indicate that the rates actually paid by the contractors generally are greater than specified in the DOL rates. The DOL has different rates for different geographical counties.

Council Member Schiff questioned if staff had received feedback from City contractors that they have to increase bids to the City because the city wage rates are greater, and Staff stated that feedback has never been received.

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Chaumette, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, DETERMINING THE PREVAILING WAGE RATES FOR CITY OF SUGAR LAND PUBLIC WORKS CONTRACTS. The motion carried unanimously.

resolution no. 10-13 – retain licensed professional engineer

for review of energy savings projections

Mayor Thompson introduced CITY OF SUGAR LAND RESOLUTION NO. 10-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, DIRECTING THE CITY MANAGER TO RETAIN A LICENSED PROFESSIONAL ENGINEER AS REQUIRED BY SECTION 302.005, TEXAS LOCAL GOVERNMENT CODE, TO REVIEW THE ENERGY SAVINGS PROJECTIONS PREPARED BY MCKINSTRY ESSENTION, INCORPORATED FOR CITY FACILITIES, stating that Council Member Jones requested that Item III.E be pulled to the Regular Agenda for the purpose of discussion.

Ms. Eugenia Cano, Assistant City Attorney, stated a study has been conducted of City facilities to determine methods of saving energy that involved water, plumbing, HVAC systems, and upgrade at the Police Department. The city had received a $781,000 federal grant that is being processed through the State of which $50,000 was utilized for the study. The city manager approved a contract with McKinstry Essention, Incorporated to perform the study that evaluates potential energy savings within the city, and the study is almost complete.

Section 302.005, Texas Government Code, requires City Council to authorize a licensed, qualified professional engineer to perform a third-party review of energy savings and calculations before entering into an energy savings performance contract. Pending satisfactory third-party review, a performance contract will be presented to implement the energy-saving project recommendations of McKinstry Essention. Anticipated cost is $5,000 and under the authority limit of the city manager.

The purpose of the resolution is to comply with the statutory requirement by the State of a third-party engineering review of the energy savings.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Smithers, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 10-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, DIRECTING THE CITY MANAGER TO RETAIN A LICENSED PROFESSIONAL ENGINEER AS REQUIRED BY SECTION 302.005, TEXAS LOCAL GOVERNMENT CODE, TO REVIEW THE ENERGY SAVINGS PROJECTIONS PREPARED BY MCKINSTRY ESSENTION, INCORPORATED FOR CITY FACILITIES. The motion carried unanimously.

variance

subdivision regulations – New Territory

Mayor Thompson introduced consideration on authorizing a Variance to Subdivision Regulations, Chapter 5, Sections 5-24 and 5-25 for lot depth, minimum lot size, and front building line requirements for Robinson Landing Section 1, New Territory.

Ms. Lisa Kocich-Meyer, Senior Planner, stated the properties are located in New Territory, which is in the City ETJ, and are currently platted as right-of-way. Applicant is proposing to create two residential lots but must seek variances from the subdivision regulations. The northern property is at the intersection of Birch Hill Drive along Scarlet Maple Drive; southern property is at Planetree Court along Scarlet Maple Drive.

The (3) requested variances are: 1) Lot depth: Code requires 110 feet minimum lot depth for residential lots; request is for 105 feet, a variance of 5 feet; 2) Lot size: Code requires 6,600 square feet; request is for 6400 square foot lot, a variance of 200 square feet; 3) Front building line: Code requires 25 feet for single family lots not located on an arterial street; request is for 20 feet, a variance of 5 feet.

Sugar Land Subdivision Regulations define the criteria for examination of subdivision variances:

— There are special circumstances or conditions affecting the land involved

— Will not be detrimental to the public health, safety or welfare, or injurious to other property in the area

— Will not prevent the orderly subdivision of other lands in the area

— A more appropriate design solution exists which is not currently allowed in the Code

In reviewing the requests, staff identified points for consideration:

— Subdivision platted under City of Houston regulations

— Fort Bend County sold the property

— Staff has not identified any issues related to public health, safety, or welfare

— Surrounding area is already subdivided and developed as residential neighborhoods

— Roads will not continue to east

Planning and Zoning Commission considered the variance request at the February 25 meeting and forwarded a recommendation to City Council to grant the variances to lot depth, minimum lot size, and front building line setback with the condition to provide any easements at time of platting.

Council Member Jones inquired if the city was abandoning right-of-way. Staff stated the county already has as the property is in the ETJ and within county jurisdiction. The county sold the property to the applicant who will have to go through the re-platting process to remove the right-of-way designation. Mr. Jones asked why all the property owners in the subdivision do not have a real property interest in the land and do not have to approve the revision of the plat; Staff was unsure and stated Legal would be contacted. Mr. Jones asked why the city does not have access between the subdivision and Telfair, Staff stated that neither of the connection points was shown on the City or the County thoroughfare plans as major connections, and the developer of Telfair did not want to provide connectivity to the New Territory subdivision.

Mr. Doug Schomburg, Assistant Planning Director, stated the New Territory border along Telfair was examined extensively with the Telfair General Plan in 2003-2004. Thoroughfare plans were compared with the county and the cities in establishing the main connection points of New Territory Boulevard. The smaller stub streets were put in years before under the City of Houston’s ETJ because it was not known at that time how the State Prison tract would be developed.

Council Member Schiff stated the background material explains that the stub properties are separated from Telfair, Section 15 residential lots by major drainage facility and a levee. Due to the way the levee and drainage ditch were built, there is no way that this could ever be used as a right-of-way.

Staff stated the applicant is trying to mirror the exact size of the New Territory lots, and not seek variances from lot size. The applicant wants to duplicate the same building line as New Territory was built to, same lot depth and same square footage. The property was platted within the City of Houston ETJ and not the City of Sugar Land ETJ which is why the standards now apply.

Council Member Olson stated if extended into Telfair, the two right-of-ways would hit backyards, not a cross street. The only real value in the future would be hike and bike trail access but would not have much impact on access into and out of the neighborhoods.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Chaumette, made a motion to approve a Variance to Subdivision Regulations, Chapter 5, Sections 5-24 and 5-25 for lot depth, minimum lot size, and front building line requirements for Robinson Landing Section 1, New Territory. The motion carried by a vote of 6-1 with Council Member Jones voting Nea.

ordinances and resolutions

resolution no. 10-14 – application to google

Mayor Thompson introduced CITY OF SUGAR LAND RESOLUTION NO. 10-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS ENCOURAGING ITS CITIZENS TO “THINK GIG” AND SUPPORT THE CITY’S APPLICATION TO GOOGLE.

Ms. Sharlett Chowning, Director of Information Technology, presented an update on the “Think Gig” initiative that the City of Sugar Land has embarked upon. Google announced its intention to begin building the next generation in the transport of the Internet by testing free of charge ultra-high speed broadband networks.

The City of Sugar Land is interested in becoming one of the trial locations for the project and Google has indicated there will be a short list and will have the community selected by the end of the year. Currently, staff is reviewing the application that must be submitted.

Mayor Thompson and City Manager Bogard have sent request for support to various community leaders, and the city continues to collect letters and emails of support. Staff is continuing to monitor the thinkgig.sugarlandtx.gov website, and as of today at 5:00 p.m., the city has received over 6,000 hits on the site. City of Sugar Land residents are encouraged to go to the website, gain information, and continue on to the survey. Currently there have been 2,442 Facebook fans in less than ten days. The comments are overwhelmingly supportive. The city has received 1,671 survey participants. Posters and banners will be set up around the city.

The events planned include a Video Contest for Sugar Land people who want to participate in a video showing why they want Google to be in Sugar Land and which will be sold to Google. The video contest will run from now through March 25. The city will encourage people to go to Facebook and become a fan of “Think Gig”. A commercial will be filmed on Town Square on Friday night, March 19, to convince Google of the overwhelming community support of Sugar Land to be the proving ground for the next generation of the internet. The commercial will be shot at the rally during intermission of the concert by the Grady Skelton Band; the concert is at 7:00 p.m. with the rally at approximately 8:15 p.m.

Following a full and complete discussion, Council Member Chaumette, seconded by Council Member Smithers, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 10-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS ENCOURAGING ITS CITIZENS TO “THINK GIG” AND SUPPORT THE CITY’S APPLICATION TO GOOGLE. The motion carried unanimously.

contracts and agreements

surface water treatment plant – Preconstruction engineering services

Mayor Thompson introduced evaluation of proposal and authorizing execution of a Contract in the maximum amount of $795,101.00 with CH2M Hill for Surface Water Treatment Plant Phase I Construction Manager at Risk Preconstruction Engineering Services CIP SW0802.

Ms. Jessie Li, Assistant Utilities Director, presented a brief overview stating the city will construct a 9 MGD Surface Water Treatment Plant (SWTP), and design is currently underway. In August 2009, City Council passed a resolution to allow the City to utilize the Construction Manager at Risk (CMAR) delivery method for the project.

CMAR services include: Part I – Preconstruction Services including design constructability review, value engineering, and cost estimates and GMP proposal; Part II – Construction of the SWTP; Part III – Plant start-up, commissioning, and one-year contract operation. The CMAR selection process included a formal Request for Proposal; nine firms submitted proposals and City had an 8-staff member selection committee that interviewed all nine firms. Proposals and interviews were evaluated using published selection criteria. The proposers were ranked independently and CH2M Hill was ranked Number 1.

For the preconstruction phase, CH2M Hill presented 25 specific design ideas that could save millions of dollars during construction. For the construction phase, CH2M Hill proposed self-performing one piece of the construction, the membranes filtration piece, due to the criticalness of the process to ensure quality and schedule. The remainder of construction will be bid out to local contractors and will customize bid packages to maximize the local market competitive pricing. Operation services: CH2M Hill is the largest American-owned operations firm that has TCEQ state licensed operators on staff and can provide operation optimization for long-term chemical and energy savings. The CH2M Hill track record is very impressive, having delivered over $2 billion CMAR projects in the past three years with no delays, cost escalations or operation issues. CH2M Hill has been achieving 15 to 20 percent overall project savings.

Preconstruction Basic Service - Scope of Work

— Provide constructability review and value engineering

— Develop costs of alternative materials or design for potential construction savings

— Provide capital and O&M impacts of recommended design changes

— Cost estimates at 60 percent and 90 percent design

— Develop critical path project schedule that will integrate CMAR, designer, suppliers

— Provide scope and cost control

— Review all design plans and specifications to advise City on site use, foundation, material, equipment, available labor

— Conduct construction planning

— Develop GMP proposal

Preconstruction Additional Services, authorize separately

— Provide treatment process review and optimization

— Conduct operability review including maintainability, accessibility, and reliability of all process equipment

— Computerized design and cost estimating tool to generate lifecycle cost estimating

— Perform process benchmarking to achieve lower facility operation cost

— Develop a SWTP start-up plan

— Develop construction emergency response, site safety, environmental management plans

— Develop and implement a public outreach program

— Additional soil testing allowance

Project Delivery Plans: To complete 100 percent design by October 2010; CMAR Guaranteed Maximum Price (GMP) negotiation by September 2010; Construction is anticipated to start in October 2010; and Plant will be on-line and in service by October 2012.

Staff request City Council approval of the CMAR contract with CH2M Hill and authorize funding for the Preconstruction Services in the amount of $795,101 with $446,068 as basic services and $349,033 as additional services.

Following a full and complete discussion, Council Member Chaumette, seconded by Council Member Abraham, made a motion to approve a Contract in the maximum amount of $795,101.00 with CH2M Hill for Surface Water Treatment Plant Phase I Construction Manager at Risk Preconstruction Engineering Services CIP SW0802. The motion carried unanimously.

purchase of emergency power pumps

Mayor Thompson introduced consideration on Purchase of Emergency Power Pumps in the maximum amount of $662,409.61, from Godwin Pumps of America, Incorporated, through Houston Galveston Area Council Cooperative Purchasing Agreement for wastewater lift station power outages.

Mr. Richard Mancilla, Engineer II, stated 16 lift station sites have been identified for installation of the emergency power pumps as part of CIP Project WW1003. There is a 6-8 week lead-time; while the pumps are being manufactured, staff will be preparing final design with installation.

About one-third of the wastewater overflows throughout the City occur due to lift station failures related to mechanical issues or power loss. During Hurricane Ike, this was particularly apparent when numerous lift stations had to be operated manually by Utilities staff while the City recovered from the power loss. The traditional method to providing backup is emergency generators which can be used during a power loss. An alternative method to the generator is diesel-driven emergency power pumps which will provide a true backup system in the event of a power loss or a mechanical failure with the lift station. The pumps will be skid-mounted on a concrete foundation at each site; and when necessary to transport, the pumps can be slid off and loaded onto a truck.

A preliminary engineering report was recently completed by Hewitt Engineering, Incorporated, and a recommendation was made on the pump size for each lift station and the manufacturer. Godwin Pumps of America, a nationwide company with an office and representative in Houston, was recommended due to regional presence. The pumps can be purchased through the HGAC Buy Board at a discounted price.

Total cost for purchase of the power pumps is $662,409.61. There is $1,340,000 budgeted in the CIP project which includes future installation.

The schedule includes: Final design completed by May; construction June to September 2010, approximately 90 days; funding for construction in Fiscal Year 2010 CIP.

Council Member Jones stated he disapproved of the emergency power pumps being constructed above ground and located in residential neighborhoods, stating he will need a better visual picture before supporting the purchase.

Council Member Olson stated that the contractor will need to be directed to put up the appropriate screening as part of the installation of the pumps, stating he would not like to see a hurricane shut down the pumps and have spills that occurred during the last hurricane. Mr. Olson stated the project was discussed in workshop and staff was given direction to move ahead with purchase of the pumps to get a break in price. There is time to buy the pumps and get the screening issue resolved before construction begins.

Mr. Howard Christian, Utilities Operations Manager, stated any equipment installed will be screened from the street, located behind the fence and below the fence line.

Staff stated that the 16 lift station sites are the most critical and the hardest to get to during inclement weather. Through the construction phase, the city will make the commitment that any equipment installed will be screened from the street.

Mayor Thompson stated the commitment was for the pumps to be screened from public view.

Council Member Jones stated he may have been on vacation and missed the workshop as he does not remember the discussion.

Following a full and complete discussion, Council Member Smithers, seconded by Council Member Abraham, made a motion to approve Purchase of Emergency Power Pumps in the maximum amount of $662,409.61, from Godwin Pumps of America, Incorporated, through Houston Galveston Area Council Cooperative Purchasing Agreement for wastewater lift station power outages. The motion carried by a vote of 6-1 with Council Member Jones voting Nea.

public hearing

zoning of 1.33 acres – savoy plaza tract “A”

Mayor Thompson convened the Public Hearing to receive and hear all persons desiring to be heard on zoning of 1.33 acres Savoy Plaza Tract “A” from Neighborhood Business (B-1) to Planned Development District (PD).

Mr. Harold Ellis, Planner II, stated the property is located on Savoy Street, south of Highway 90A and adjacent to Venetian Estates and Sugar Lakes. Autumn Grove, the applicant, is proposing an Alzheimer Care facility of 7,000 square feet for 16 residents. The use is classified as SIC 8059 Nursing and Personal Care Facilities, Not Elsewhere Classified which is not a permitted use in existing B-1 zoning district. The PD proposal includes limiting the SIC Code to only personal care facilities and homes with health care.

The PD proposal includes other allowed uses which represent low impact offices and services. The site plan submitted with PD will limit development of and future changes to the site. Any future use will have to use site as site plan currently shows; no changes without zoning process. Council may add conditions to PD to mitigate impacts.

Staff presented a proposed site plan that showed the proposed facility located toward the middle of the lot with the drive down the side and parking in the rear. A one-story ranch-style construction is being proposed.

The bulk standards comparison for current B1 zoning and proposed PD zoning showed the enhancements with the proposed PD.

Under the current regulations, a previous site plan had been approved in 2003 which was never constructed. The site plan was for a 2-story, 24,000 square foot office space with 17,000 leasable square feet. The building was to be located closer to the street near the Venetian Estates Park with significantly more parking and paving.

A public hearing was held on January 12 before the Planning and Zoning Commission with a number of speakers who were for and against the rezoning. Discussion focused on mitigating potentially negative impacts. The Commission recommended approval on February 9 with recommended changes to the Final Development Plan. The approval was unanimous with the exception of the Chairperson citing residency in the Venetian Estates subdivision.

Commission Recommendations:

— Limit the monument sign to 3’ by 4’ in size

— All tree and shrub landscaping along the rear property line shall be non-deciduous/evergreen species

— The site be initially constructed with a minimum of 20 parking spaces

— Fleet vehicle storage is not permitted in the PD for any allowed uses

— The maximum heated and cooled area of the facility may not exceed 6,500 square feet

— Maximum height of facility shall be one story and not more than 30’

— SIC 8059 shall be further limited to Personal Care Facilities and Homes for Alzheimer’s/Dementia care only

— Removal of SIC codes 8999 (Services Not Elsewhere Classified) and 7312 (Outdoor Advertising Services) from the permitted uses list

— Site lighting shall emit zero foot-candles of light across the Sugar Lakes subdivision property lines

— Parking lot lighting shall be of traditional coach style lighting fixtures

Points for Consideration: The Comprehensive Plan has the goal of effective land use to ensure incremental infill development is compatible with existing neighborhoods. PD zoning gives the city the ability to remove potentially negative uses allowed by current zoning. PD proposal would place significant limitations on site and future uses. Traffic generated by proposed use will be less than most currently allowed uses. Bulk regulations proposed are less intense than full built-out potential with current zoning. PD zoning gives the city the ability to customize a district to influence higher quality development and increased compatibility with nearby uses.

All requirements for the Public Hearing have been met. The Planning and Zoning Commission recommended approval with a supermajority vote. The supermajority vote is triggered by a petition that was received indicating there is 20 percent of the land area within the 200 foot notification range as opposed to the rezoning.

Ms. Lisa Simon, President of MFT Interests, stated her family would be the owners of the 1.3 acre property and the 7,000 square foot building should the rezoning be approved. The Morris Family has been developing real estate in Fort Bend County and Harris County for over 50 years and is financially strong; the family focuses on quality, serving the community, and improving the real estate values with architecture that compliments and is compelling to the surrounding neighborhoods and area. The family develops properties with a long term commitment and consistency that stands the test of time and the same values along with a commitment to quality for the long term is what brought MFT Interests and Autumn Grove Cottage together as partners; there are (6) cottages with one more in construction and another in design. If the need arises to find a reuse of the building, the 6,000 square feet of leasable space of the 7,000 square foot footprint alone controls the reuse to be very low impact on the neighborhood; Ms. Simon stated she had a study prepared on possible interior configurations for reuse of the building.

Mr. Randy Vanstory, a co-founder of Autumn Grove Cottage, stated this is an assisted living facility that specializes in Alzheimer or dementia care. Mr. Vanstory commented that Autumn Grove is to assisted living what a bed-and-breakfast is to the hotel industry; a bed-and-breakfast will be small, intimate, and very home-like, and not look like an institution, but like a home. This is what Autumn Grove has done; it is a unique care model within the assisted living industry. In the Greater Houston area, there are 326 assisted living facilities and only two companies that specialize in Alzheimer care in a 16-bed model, and Autumn Grove is one of those.

The benefits to Venetian Estates for Autumn Grove to be located in Venetian Estates subdivision and to have the Planned Development request accepted: (1) The application removes over 50 uses that are currently approved under the B-1 zoning. Many of the uses would be much more impacting to the neighborhood than Autumn Grove. Examples of businesses that would no longer be able to operate at the site: Day care center,

multi-story office building, florist, commercial bank with 24-hour ATM, dry cleaners, repair shop, beauty or barber shop, and a liquor store is approved under the current B-1 zoning. (2) The Planned Development will restrict the building to the footprint, which is 7,000 square feet; there is only 6,000 square feet of air conditioned space. The remainder of the footprint is a porte cochere and porch areas. In 2003, a 24,000 square foot multi-story office building was approved for the site. The developer did not proceed with the project, but it is an example of what is currently approved and could go there today and would require no public notification and no public input.

There were (23) speakers who spoke at the Public Hearing, (9) in favor of the rezoning to Planned Development and (14) opposed to the rezoning:

Debra Blesener – For	Margarete Wong – For
Ed Crowell – Opposed	Nydia Flores – Opposed
Ferrell Hays - For	Linda Spear – Opposed
Bryant Dussetsolleger – Opposed	Kelly Ferguson – Opposed
Bud Friedman – Opposed	Susan Alonso – Opposed
Yocel Alonso – Opposed	Josh LaRossa – For
Susan Friedman – Opposed	Daria Dick – Opposed
Susan Johnston – For	Sonny Johnston – For
Travis Boyd – For	Jim Hudnall – For
Barbara Carlson – Opposed	Lorene Webb – Opposed
Susan Johnston/Virgil Mott, Sr. – Opposed	Sue Meyer – Opposed
Cheryl White - For

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

recess meeting

Mayor Thompson recessed the Regular Meeting, time 8:10 o’clock P.M.

reconvene meeting

Mayor Thompson reconvened the Regular Meeting, time 8:24 o’clock P.M.

ordinance no. 1777 – change of zoning from district B-1 to district pd

Mayor Thompson introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, APPROVING A CHANGE OF ZONING FROM ZONING DISTRICT B-1 (NEIGHBORHOOD BUSINESS) TO ZONING DISTRICT PD (PLANNED DEVELOPMENT) FOR APPROXIMATELY 1.33 ACRES OF LAND LOCATED ON THE WEST SIDE OF SAVOY STREET SOUTH OF U.S. 90A, AND APPROVING A FINAL DEVELOPMENT PLAN FOR THE DISTRICT.

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

Council Member Chaumette voiced her concerns over proposing the change as a PD, and questioned if the nearest Alzheimer facility is within two miles. Staff stated the applicant initially approached the Planning staff last November and were told the site is currently Zoning District B-1 and would involve the CUP (Conditional Use Permit) process, stating staff recommended the applicant to come forward with a PD (Planned Development) application for various reasons. Staff stated the PD in general gives the city more ability to ensure compatibility with surrounding areas; a PD should be a superior development.

After reviewing Autumn Grove information, visiting other facilities, and discussing increased bulk regulations such as increased landscaping, reduction in signage, increasing the open and green space, Staff stated the site was more like a superior development. The reduction of uses was considered. There are a number of uses that are allowed in a B-1 zoning district that may not be as compatible with the residential areas in the vicinity. Staff looked at the uses and the increased regulations with PD.

Regarding the nearest Alzheimer facility, Staff stated the Silverado is close but was unsure of the exact distance, and is in Zoning District B-O (Business Office) with a CUP.

Council Member Abraham requested information concerning a petition of 200 signatures opposing the rezoning to PD. Staff stated the most important issue to consider are the legal aspects which only apply within the 200 foot range of the property and includes two large parcels that do not have an opinion; one is Windstream Telephone, the other is the City Park; one is 135,000 square feet and the other is 163,000 square feet. Taking this into account, staff stated there are 11 confirmed opposed and one that staff has been unable to reach that would total 12, and equals 32 percent of the persons within the 200 feet that are opposed.

Council Member Olson inquired concerning the Planning and Zoning Commission proposal; staff stated the proposal was to limit the personal care facilities that could be operated as related to Alzheimer and dementia care. Mr. Olson asked Mr. Vanstory about the employees that Autumn Grove hires at the facilities and the screening process involved. Mr. Vanstory stated no employee makes minimum wage; typically entry-level positions are approximately $10 per hour range up to mid-$60,000 range for management type employees. Regarding the screening, there are four interviews with each employee and drug testing and criminal background checks are done. The turnover rate is low; at a recent employee appreciation banquet, about 50 percent of the employees had been with Autumn Grove for at least three years and the company has existed for only five years.

Council Member Olson inquired about a door hanger in the neighborhood, and Mr. Vanstory stated that the hanger reads, “Autumn Grove Cottage is coming soon to 106 Savoy, Venetian Estates. We are hosting an informational meeting”, and stated maybe it was a poor choice of words but was not meant to offend anyone. Mr. Vanstory openly apologized to the residents. The intent of the door hanger was to have the Autumn Grove owners meet the residents, provide information, and answer questions.

Autumn Grove has looked at the layout of the building and evaluated potential future uses of the facility in the event that the Alzheimer facility would no longer be financially feasible, which has been a concern of many residents. Ms. Lisa Simon stated as in good business practice, one must always look at the worst case scenario. If Autumn Grove Cottage was to fail for some reason, the company prepared a study that showed the building could be used as a dentist office or a similar type of facility.

In order to not have a single use PD, Staff recommended a number of low impact uses be added so that if the PD is approved and if Autumn Grove were to fail, there would be other allowable uses for the property that would fit well in the neighborhood. City Council could remove the other uses that are being proposed and approve it for the Alzheimer care facility.

Staff presented the uses that are included with this PD rezoning: insurance carriers; insurance agents, brokers, and service; real estate; holding and other investment offices; engineering, accounting, research, management, and related services; legal services; travel agencies; investment advice; tax preparation services; advertising agency; radio, television and publishers’ advertising representatives; computer programming services; prepackaged software; computer integrated systems design; computer related services, not elsewhere classified; Offices and Clinics of: doctors of medicine, dentists, doctors of osteopathy, chiropractors, optometrists, and podiatrists.

Mayor Thompson stated the stated uses would be allowed under the current B-1 zoning as it is zoned without any input from Planning and Zoning and City Council.

Council Member Chaumette stated it is a customized zoning district for one particular use even though other uses are allowed in the PD and voiced her concerns of setting a precedent if PD is created for one use, stating she is not addressing the issue of the Alzheimer facility and believes the applicants are very credible.

Ms. Sabine Somers-Kuenzel, Director of Planning, stated the applicant initially spoke with the Planning Department and asked about the use of a PD. This is not a classic, best use of the PD process, but because this is the only option when there are sites that are very sensitive, this is the only option that gives a City Council the tools to address specific concerns at this time unless a different zoning process is created. One option would be to place B-O on the property and the Conditional Use Permit process would apply. Another option is amending the B-1, but staff does not believe any of the issues that have come forward will change through that process.

Council Member Olson stated with the PD zoning as proposed by Planning and Zoning, the Alzheimer facility moves out, a dentist office moves in; what has to be done to convert from the Alzheimer facility to the dentist office. Staff stated under this proposed zoning, there would not be another review of the use. If some of the uses were removed and there was a future amendment to the PD, those would come back through the process. This is certainly an option that could be pursued through the process. Uses can be deleted, but not added. Staff stated a PD is a combination of specific uses and a development plan; the development plan shown is the plan that has to be built to, otherwise the applicant would have to start over.

Mr. Harish Jajoo, Planning and Zoning Commissioner, addressed the City Council and stated there are many uses in the current B-1 that will not be allowed in the current form of PD: eating places, liquor stores, coin-operated laundries and dry-cleaning, and several others. There are several restrictions in the PD. Mr. Jajoo stated the Commission deliberated extensively on the request of zoning from B-1 to PD. The Commission believes that the ordinance as a PD is the correct call. Ordinances are very tightly structured particularly for this type of facility. The main concern for the Commission was: would the proposed facility blend into the neighborhood, and the Commission voted unanimously to approve. The structure looks like a house, feels like a house; the impacts of traffic, bio-waste, security, and lighting were mitigated. The unanimous support of the Commission was to allow this as a PD.

Council Member Schiff stated some of the opponents of the PD have commented on the issue of: If SIC Code 8059 is used, the facility is sold or fails, and the next owner wanted to do something else that is still within the SIC 8059 Code but not in the list of uses, would the new owner have by right anything that is within the 8059 or would City Council be allowed to limit.

Assistant City Attorney Aaron Dobbs stated there is no law that says the SIC Codes must be used. The Development Code sets out if there is not a SIC Code that fits the specific use being proposed, the SIC Code does not have to be used. The SIC Code is not a law; it is an industry practice to assist in specifying uses to make it easier to enforce restrictions on uses.

Council Member Olson stated the real policy issue with the PD is that City Council can restrict and put as many safeguards on a piece of property that is legally possible with the process and give the most protection in the future for a piece of land that was probably incorrectly classified as commercial initially since it is so close to the neighborhood. Mr. Olson stated he will vote for what he believes is best for the neighborhood.

Council Member Jones stated Planning and Zoning Commission gave the issue serious consideration; he supports the decision and encouraged his fellow Council Members to do the same.

Following a full and complete discussion, Council Member Jones, seconded by Council Member Schiff, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, APPROVING A CHANGE OF ZONING FROM ZONING DISTRICT B-1 (NEIGHBORHOOD BUSINESS) TO ZONING DISTRICT PD (PLANNED DEVELOPMENT) FOR APPROXIMATELY 1.33 ACRES OF LAND LOCATED ON THE WEST SIDE OF SAVOY STREET SOUTH OF U.S. 90A, AND APPROVING A FINAL DEVELOPMENT PLAN FOR THE DISTRICT. The motion failed by a vote of 4-3; the vote required a supermajority by State statute. Council Members Chaumette, Smithers and Abraham voted Nea.

workshop

2009 police department annual report

Mayor Thompson introduced discussion on 2009 Police Department Annual Report.

Mr. Douglas Brinkley, Police Chief, presented the 2009 Police Department Annual Report and began by announcing the good news of the year: violent crime is down 11 percent; auto theft is down 18 percent; aggravated assault is down 54 percent; non-injury accidents are down 16 percent; and clearance rates are up 4.7 percent.

Violent Crime Rate 2008-2009 includes homicide, rape, robbery, and aggravated assault; the city rate is 70 percent lower than the state average and 73 percent lower than the U.S. average. Property Crime Rate includes burglary, theft, auto theft, and arson; the city has experienced a 5.3 percent increase but is 27 percent lower than the U.S. average and 41 percent lower than the state. Part 1 Crime Rate includes homicide, sexual assault, robbery, aggravated assault, burglary, theft, and auto theft; an increase of 4.2 percent is attributed to robberies, burglaries, and theft and is 45 percent lower than the state rate and 33 percent lower than the U.S. average. The city average over the past five years is 24.1 per 1,000 residents.

Robbery 2009 influenced the city increase in Part 1 crimes at 4 percent; robberies increased 43 in 2008 to 61 in 2009; 12 robberies compared to 4 last year in shoplifting cases; 7 driveway robberies and 7 bank robberies. Burglary 2009 increased with 254 burglaries in 2008 compared to 270 in 2009; 67 percent of burglaries were in residential areas and 29 percent of all burglaries had no forced entry. Auto Theft 2009

decreased 18 percent. Most stolen makes were Ford trucks; Chevy trucks and SUVs, and Honda cars. Theft 2009: Increased 9.4 percent; 61 percent of thefts are over $200; majority of thefts were vehicle burglaries at 624, shoplifting at 363; all other 465.

Police Response Time Emergency Calls: Goal is to arrive in less than 5 minutes. Average response time was 4:42. In 2008, there was a large increase in emergency response when the city changed E-calls of major accidents; the Police Department became the first responder to accidents on highways and streets.

Police continues to maintain a high enforcement presence throughout the city. Traffic stops were up tremendously in 2009 with over 32,000 stops, an increase of nearly 5,000 over 2008. Custodial Arrests were up with over 3,000 arrests in 2009, an increase of 500 over the previous year.

Clearance Rates for Part 1 Crimes is up by 4.7 percent overall. For the City of Sugar Land in 2009, in Part 1 crimes the clearance rate was 24.7 percent compared to 18 percent for the state in 2008. There are no numbers from the state available yet for 2009. In 2009, the clearance rate for violent crimes was 41 percent compared to 42 percent for the state. Clearance rate for property crimes in the city were 24 percent compared to 15 percent for the state.

Collision Data for Non-Injury Collisions: Down 16 percent with 1,222 in 2009 and 1,456 in 2008. Injury Collisions are up 4.4 percent; the 5-year average for injury collisions is 433, well below the 5-year average.

Crime in the city is increasing, but the perception is greater than the reality. Several high profile crimes have fueled the perception, increased media coverage, and raised the public fear level. The crime statistics indicate that for a city this size, Sugar Land is still one of the safest cities in the nation. The high profile incidents included driveway robberies with 7 in 2009 compared to 5 in 2008; home invasions with 5 in 2009 compared to 4 in 2008; and 2 shootings at the mall, one involving two groups of young people, one with a gun; and the other involving a merchant who was set up by one of his employees. Arrests were made in both incidents. This is the reality, and often times it is hard to communicate the reality.

The Police Department has reviewed the policies and procedures for distributing crime information and making recommended changes. Typically crime information is distributed via news releases, PD website, and in person, especially at neighborhood meetings. (1) News releases and media interviews are mainly used for investigative purposes in which PD needs to get the information out as soon as possible to make the arrest. Educational information: use HOA email distribution systems, Sugar Land TV, and e-policing. (2) Police Website; the old system was inaccurate, and a change was made recently switching to a map based query system. (3) Neighborhood Meetings are probably the best way to dispel the perception versus reality.

In summary, violent crime is down 11 percent; auto theft down 18 percent; aggravated assault down 54 percent; clearance rates up 4.7 percent; property crime up 5.3 percent; better distribution of crime data, better use of HOA, SLtv, E-Policing; crime prevention is a community effort.

2009 fire department annual report

Mayor Thompson introduced discussion on 2009 Fire Department Annual Report.

Mr. Juan Adame, Fire Chief, stated the Sugar Land Fire Department has 103 uniformed firefighters and

5 civilians on staff. Eighty-seven of the firefighters are assigned to operations over 3 shifts and operate out of 6 stations located throughout the city.

In 2009, the Fire Department responded to 6,347 total calls, a 4 percent decrease from the previous year. Fire Station 1 Response District continues to have the highest call volume in the city with 1,522 calls.

Calls by Type: Other calls, 8; False Calls, 690; Service/Good Intent Calls, 1,630; Hazardous Conditions, 194; EMS/Rescue, 3,617; Fire, 208. Response time is the time from dispatch to the arrival time of first unit. For the overall average response time which includes City and ETJ calls, there were a total of 1,025 ETJ responses. Average response times in the city and the ETJ: In city, 5:21; in ETJ, 6:10. Structure Fires and Containment: Containment is confined to the original room of origin. In 2009, 71 percent of structure fires were contained to room of origin. Hazardous Materials Incident Information: Hazmat calls are identified by three levels. In 2009, there were a total of 80 Hazmat calls. Level 1 is a potential emergency condition; a small fuel spill or a gas leak and would be handled by the Fire Department. Level 2 is a limited emergency condition; a chemical release in an industrial facility, gas or chemical tank truck rollover which would require immediate evacuation. This is higher classification and involves Hazardous Materials response team.

Level 3 is a full emergency condition; a train derailment or vapor cloud, explosion, and would be a severe hazard to a large area and requires full activation of the Hazardous Materials response teams from the east and west sides of the county.

The Inspection Division includes (4) fire inspectors who are also cross-trained as arson investigators, plus a Fire Marshal and (1) fulltime equivalent. In 2009, the Fire Marshal office reviewed 1,242 plans and performed 2,065 inspections. Plan review numbers were up from 2008 which impacted inspections that were down due to large project involvement; Fire had (5) major building projects that included two hospitals, two high-rise office buildings, and one hotel. There was no notable arson activity in 2009.

Public Education is a section under the Fire Marshal office and is responsible for the City public education program and provides public education in the ETJ. In 2009, there were 10,687 station personnel contacts and 26,159 public education office contacts. Station personnel made contacts involving home safety surveys, smoke alarms, batteries installed assignments, special events handled by Operations, and schools handled by Operations, mostly day cares and preschools. Public education office made contacts involving station tours and visits, schools, fire drills, seniors, fire extinguisher training, and special events including Open House.

Fire Department Priorities presented in 2009: filling of vacant positions, planning for Station #7, turnout gear replacement, lessons learned from Hurricane Ike, and improve incident report quality control.

Fire Department 2009 Accomplishments: (1) Finalization of “Improving on Safety” Action Plan and associated task force activity; (2) SLFD Hurricane Plan implementation and training; (3) Replacement of bunker gear, new rule mandated advanced inspection and replacement of bunker gear criteria; turnout gear was purchased, deployed, and trained 100 personnel; (4) City recovered about $91,000 for response to Crystal and Jamaica Beach that included costs for equipment deployed; (5) Payroll Interface Project is successful, accurate, and working well in less time; (6) The old Council Chambers located at Fire Headquarters now serves as an auditorium and received audio and visual upgrades; (7) As part of the Safety Improvement Program, the Logistics Section was restructured to address issues more efficiently with equipment, supplies, and apparatus; (8) Celebrated 30^th Anniversary of the Sugar Land Fire Department;

(9) New Fire Station #1 was officially opened on August 15, 2009 and ribbon cutting on October 10; (10)

Engine #1 replacement unit received and placed in service at the Fire Station #1 opening; (11) SLFD Annual Open House #3 was held; (12) Citizens Fire Academy Class #7 graduated 13 members of the community; (13) First Annual Contractor meeting; (14) Inspection Division completed five large scale building projects; two hospital complexes, two high rise office buildings, and one hotel; (15) Promoted two captains for Professional Development section; (16) Fully staffed with one firefighter off on military leave; (17) Fire RMS mobile installation to automate field inspections; (18) Fire prevention policies developed for enforcement related activities; (19) Received Wal-Mart grant of $1,500 targeted for public education programs; (20) Saved SLFD $5,000 for securing Cardiac Science AED PAD (Public Access Defibrillator) upgrades through an early purchase in December 2008; (21) 25 percent of City workforce trained on CPR and AED; (22) Community volunteers used to update displays; (23) Continued partnership with Citizens Fire

Academy alumni and Hearts and Hoses Program; the program is for the Fire Department and their families and focuses on meeting the needs of the employees before asking for help; it is a Cares Ministry that focuses on health issues, money challenges, problems with work shifts, and hospital visits.

Fire Department 2010 Priorities: Organizational/Management Study, Continuation of Station #7 preparation, Station #2 rehabilitation, development training, and continuation of streamlining and automation of Prevention Division activity.

Council Member Jones stated the response to EMS calls, which have the highest number of calls that Fire must respond to, should be handled as efficiently as possible, yet the Fire Department has to put a high dollar piece of equipment on the road to respond to those calls.

Fire Chief Adame stated one of the major components of the Organizational Study is to look into the current Emergency Response procedures. There are some communities that are using other means of transportation to get firefighters to the scene. The captain that was brought onboard to oversee the EMS program is reviewing responses and determining that some of the responses do not require firefighter response; a Fort Bend County EMS Unit response to the call would be sufficient. Fire staff will further examine the issue.

CITY COUNCIL CITY MANAGER REPORTS

Mayor Thompson stated there would not be City Council/City Manager Reports.

recess meeting

Mayor Thompson recessed the Regular Meeting to go into Closed Executive Session, time 9:53o’clock P.M.

closed executive session

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

Consultation with Attorney Section 551.071, Texas Government Code and Public Officer Section 551.074, Texas Government Code.

a) For the purpose of receiving legal advice with respect to Gulf Coast Water Authority Option Water Contract and potential Canal Lease Agreement. Mr. Brad Castleberry, Attorney, Lloyd Gosselink Blevins Rochelle & Townsend, P.C.

b) For the purpose of discussion with respect to appointment of a member to Sugar Land 4B Corporation to fill an unexpired term. Ms. Glenda Gundermann, City Secretary.

adjourn closed executive session

Mayor Thompson adjourned the Closed Executive Session, time 10:47 o’clock P.M.

reconvene meeting

Mayor Thompson reconvened the Regular Meeting, time 10:48 o’clock P.M.

ADJOURN

There, being no further business to come before Council, Council Member Smithers, seconded by Council Member Olson, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 10:49 o'clock P.M.

_____________________________________

Glenda Gundermann, City Secretary

(SEAL)