Agenda Request

	City Council
	Agenda Request
Agenda Of:	november 17, 2009	Agenda Request No:		iii-j
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 november 03, 2009 Approve Minutes
Exhibits:	Minutes november 03, 2009
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 November 03, 2009.
Exhibits

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

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, november 03, 2009

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, November 03, 2009 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 5:32 o’clock P.M.

INVOCATION

Council Member Chaumette delivered the invocation.

PLEDGE OF ALLEGIANCE

Boy Scout Troop 1845, Williams Trace Baptist Church, led the pledge of allegiance to the Flag of the United States of America.

RECOGNITIONS

2009 gold leaf landscape beautification award

Mayor Thompson introduced Ms. Kimberly Terrell, Parks Development Manager, who stated that Keep Sugar Land Beautiful in partnership with the City of Sugar Land recently received the 2009 Gold Leaf Landscape Beautification Award for a commitment to community forestry through the “Trees Across Sugar Land” program.

Mr. Mickey Merritt, Texas Forest Service, stated the Trees Across Sugar Land project began in 2007, and in three years over 35,000 seedlings have been planted and 320 five-gallon trees, one for each employee of the City. Over 1,300 volunteers of all ages helped with the project in Sugar Land Memorial Park. Mr. Merritt presented Keep Sugar Land Beautiful and the City of Sugar Land with the Gold Leaf Award for the Trees Across Sugar Land program.

The City plans to partner with Keep Sugar Land Beautiful on future Trees Across Sugar Land projects with the next event occurring on January 30, 2010 at Sugar Land Memorial Park, and 10,000 seedlings will be planted.

national animal shelter appreciation week

Mayor Thompson introduced Ms. Kathryn Ketchum, Animal Services Manager, who stated that the Humane Society of the United States launched National Animal Shelter Appreciation Week in 1996 which is designed to acknowledge and promote the invaluable role that shelters play in the communities and to increase public awareness of animal welfare issues and shelter services during the week of November 1-7. Animal shelters serve communities in many ways, by controlling stray dogs running at large, responding to calls for assistance from the public, helping families find a new animal companion, rescuing injured animals, and returning lost animals to the owners.

Ms. Ketchum stated the citizens are very fortunate to have the City of Sugar Land commitment to the Animal Shelter which occupies a brand new building. Last year there were 312 adoptions from the Shelter. The Animal Shelter staff, City group, and numerous citizen volunteers are a very dedicated and compassionate group.

Mayor Thompson presented Sugar Land Animal Services with a proclamation commending the dedicated staff and volunteers of local animal shelters for their role in providing an invaluable service including rescuing injured animals and providing homeless pets a safe haven while educating the public on pet care, pet safety, and pet overpopulation.

texas municipal league municipal excellence awards

Mayor Thompson stated the City of Sugar Land is a member of the Texas Municipal League (TML), a voluntary association of more than 1,200 Texas cities with the primary objective of serving the needs and advocating the interests of Texas cities and is the largest organization of its kind in the United States.

texas municipal league municipal excellence awards

Mr. Allen Bogard, City Manager, stated the City of Sugar Land was recently honored by receiving two of the five annual Municipal Excellence awards given by Texas Municipal League to cities with populations over 25,000. The awards were presented October 21 at the annual TML conference in Fort Worth. Sugar Land received the awards in the categories of Communications and City Spirit.

In the area of communications, the city was recognized for efforts in promoting the multi-cultural program and City volunteer programs. In the area of City spirit, the city was recognized for efforts to mobilize volunteers during the aftermath of Hurricane Ike and ongoing success of the Serve Sugar Land program. City staff focused on the recovery of public property and volunteers assisted private property owners in their recovery. Since Hurricane Ike, the Serve Sugar Land program has doubled in size and there are 800 registered volunteers assisting the City.

The judges credited City-wide efforts in promoting a multicultural community. The efforts have been aided by a group of citizens, a task force of the multi-cultural program, who have assisted the city by putting on seminars for City department leaders to learn about the Asian community in Sugar Land. City efforts are focused on enhancing the ability for City to meet the needs of residents of all culture and ethnic backgrounds, promoting an understanding of all cultures among residents, and building opportunities for residents of all backgrounds to share in and be a part of Sugar Land, Texan, and American traditions.

oath of office – Chief of Police

City Manager Bogard stated Douglas Brinkley came to the City 5 years ago and has been a major leader within the Police Department; contributing to make the Police Department one of the best in the country. His leadership has been instrumental in Sugar Land being recognized as one of the Safest Communities in the country. With the promotion of Steve Griffith to Assistant City Manager, Doug Brinkley moved into the role of Police Chief.

Mayor Thompson administered the Oath of Office to Mr. Douglas Brinkley, Chief of Police.

PUBLIC COMMENT

Mayor Thompson introduced Public Comment and entertained registered speakers.

Ms. Theresa Crespo, 506 Hillary Circle, Sugar Land, and owner of Teresita’s Catering, commented regarding Agenda item VIII.A, distance requirements for sale of alcoholic beverages. Ms. Crespo owns Teresita’s Catering and stated she had negotiated a proposed lease space in August 2008 for a family cafe at 957 Eldridge Road which is located within 270 feet of a church, preventing the business to obtain permission from the City for a beer and wine license. Unaware at the time, Crossbridge Church was negotiating a lease space nearby with a different leasing company. Ms. Crespo noted the church was not there at the beginning of Teresita’s lease negotiations, stating that the church is located next door to a liquor store and a short distance from another restaurant that holds a liquor license; the two liquor establishments are closer than the Teresita proposed space. Ms. Crespo stated the church is aware of her proposed plans and is not opposed, commenting that Teresita’s wants to bring a warm, family café to Sugar Land.

Ms. Nancy Hentschel, 6610 Kendall Creek Drive, Sugar Land, voiced her concerns regarding Agenda item VII.C, Ordinance No. 1763 Property Tax Rate, stating her disagreement with the tax rate and the way the City assesses the taxes.

REVIEW OF CONSENT AGENDA

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

consent agenda

Mayor Thompson introduced IV.A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1758 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES RELATING TO THE CITY MANAGER’S AUTHORITY OVER PURCHASES AND REAL ESTATE MATTERS; AND PROVIDING FOR THE PERIODIC REVIEW OF SECTION 2-11 OF THE CODE OF ORDINANCES; IV.B) CITY OF SUGAR LAND RESOLUTION NO. 09-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A CITY COUNCIL POLICY ON THE PROMOTION OF ENVIRONMENTAL STEWARDSHIP IN THE CITY OF SUGAR LAND; IV.C) Authorizing Fleet Purchases in the amount of $154,924.00 through Houston-Galveston Area Council cooperative purchasing contracts for five vehicles for River Park annexation and one Fire Department vehicle; IV.D) Authorizing execution of a License Agreement by and between the City of Sugar Land and University of Houston System for two antennas on the George Building, 14000 University Boulevard, to support the Three Tier Wireless Communications Project; IV.E) Authorizing a one-year Contract renewal in the amount of $147,501.54 with SunGard H.T.E., Incorporated for software maintenance; IV.F) Authorizing acceptance of a Bureau of Justice Assistance Grant in the amount of $11,158.88 for police bulletproof vests; and authorizing a budget adjustment in the amount of $11,159.00 to revenues and expenditures; IV.G) Authorizing execution of an Interlocal Agreement by and between the City of Sugar Land and Fort Bend County for Police Mutual Aid for the period October 01, 2009 to September 30, 2011; IV.H) Approval of the minutes of the regular meeting of October 20, 2009.

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

donation

city of sugar land animal shelter

Mayor Thompson introduced consideration on authorizing acceptance of a donation in the amount of $2,600.00 from First Colony Community Association for City of Sugar Land Animal Shelter; and authorizing a budget adjustment in the amount of $2,600.00 to revenues and expenditures.

Ms. Kathryn Ketchum, Animal Services Manager, recognized Ms. Alice Fish of First Colony Community Association (FCCA) who had approached Sugar Land Animal Services to determine if the City would be the recipient of a fundraiser organized by FCCA. The “Paws for a Cause” dog walk was held the morning of October 10, 2009 before the opening of the new dog park Pawm Springs. The walk was a huge success, included a best trick contest and best costume contest and was well-attended by both two-legged and four-legged walkers, and several business sponsors from the area attended. The event raised $2,600 for care of the animals at the City shelter.

Following a full and complete discussion, Council Member Chaumette, seconded by Council Member Olson, made a motion to approve a donation in the amount of $2,600.00 from First Colony Community Association for City of Sugar Land Animal Shelter; and authorizing a budget adjustment in the amount of $2,600.00 to revenues and expenditures. The motion carried unanimously.

contracts and agreements

construction of RECREATION CENTER

Mayor Thompson introduced consideration on bid evaluation and execution of a Contract in the amount of $3,258,035 with Apache Services, Incorporated for construction of CIP PK0403 Recreation Center; and authorizing a budget reduction in the amount of $1,000,000 to revenues and expenditures CIP PK0403.

Ms. Sereniah Breland, Support Services Director, stated the Recreation Center for the City, approved by voters in the 1999 bond election, will be constructed on Matlage Way adjacent to the Sugar Land Community Center. Scope of the project will consist of constructing a single story recreation center of approximately 17,393 square feet, civil site work and associated parking lot, exterior lighting and landscaping. Exterior finishes will consist of masonry, fiber cement panels, and glass. The interior will encompass a full court gymnasium with scoreboards and bleachers, a group exercise room, lobby with reception counter, staff work area, multipurpose meeting room with associated serving kitchen, vending area, restrooms and lockers, and general storage. The contract will include Building Automation System, Building Security System, Audiovisual Technology, and Public Address System. One-time funding to equip the Center will be budgeted in Parks Fiscal Year 2011 Operating Budget to be ready for the Center to open in late 2010.

Out of 27 construction companies participating in the advertised sealed bid process, 13 submitted responsive bids. The low base bidder was Apache Services, Incorporated with a base bid of $3,093,332. Electing to accept all of the alternates brings total contract price to $3,258,035. Apache Services’ job references were checked resulting in a satisfactory report including a recommendation letter from the architectural firm. Estimated completion of the facility is 12 months.

The reduced cost of the project will allow the City to sell $1 million less than anticipated in Certificates of Obligation. Budget for the project will be reduced by that amount to reflect the savings. Some factors that contributed to the reduction were due to lack of the need for drainage detention, parking, building foundation, costs all associated with the original site location on University Boulevard.

City Manager Bogard stated this is the final significant project in the group of projects voted on in the 1999 General Obligation Bond election.

Council Member Olson stated the relocation of the Recreation Center to the Community Center site made sense, provides efficiency in staff operations, and gives citizens a center that will deal with the community at large, all ages including teens who have been technically left out of the recreation process not involved in active organized athletics; it is a great addition to the City.

Council Member Schiff stated for years, the citizens were told there would be 3-5 recreation centers built throughout the city. By definition, alone each would cost more. For almost ten years, there has been a site in Memorial Park that ultimately would cost more when build-out is done, stating he does not feel the process the city has followed in making the change is reflective of the idea of building 3-5 recreation centers; it is evident that it is less efficient to have four versus one large one, stating if recreation centers are to be built, the city should have stayed with the site in Memorial Park and found construction funding. Mr. Schiff stated he will vote against the project.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Jones, made a motion to approve a Contract in the amount of $3,258,035 with Apache Services, Incorporated for construction of CIP PK0403 Recreation Center; and authorizing a budget reduction in the amount of $1,000,000 to revenues and expenditures CIP PK0403. The motion carried unanimously by a vote of 6-1 with Council Member Schiff voting Nea.

materials testing services for recreation center

Mayor Thompson introduced consideration on execution of a Contract in the amount of $79,860.00 with Fugro Consultants, Incorporated for materials testing services for CIP PK0403 Recreation Center.

Ms. Sereniah Breland, Support Services Director, stated Fugro Consultants, Incorporated will provide standard quality control materials testing services during the construction of the Recreation Center to ensure that the construction materials incorporated into the project meet specifications of all designers. All test results and recommendations will be submitted in detailed written reports. There is a budget of $111,360 for construction phase services within the funds budgeted for the Recreation Center project.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Jones, made a motion to approve a Contract in the amount of $79,860.00 with Fugro Consultants, Incorporated for materials testing services for CIP PK0403 Recreation Center. The motion carried unanimously.

emergency generator replacement

Mayor Thompson introduced bid evaluation and execution of a Contract in the amount of $1,099,938 with C. F. McDonald Electric, Incorporated for CIP MU0802 emergency generator replacement City Hall and Police and Courts facilities.

Ms. Sereniah Breland, Support Services Director, stated purpose of the project is to increase the capacity and run time of the generators by replacing the existing emergency generators with larger auxiliary power units. Currently, City Hall and Police and Courts have emergency generators that provide limited auxiliary power and necessary power for life safety components such as fire pumps, elevators, minimum outlets, and emergency lighting, all designed for short term assistance. Increasing the size of generators will allow City to provide full time assistance through the course of an incident. Staff will be able to maintain full connectivity to those assisting in efforts to bring normalcy back to the community in the event of an emergency.

Scope of project will consist of replacing the existing 300kw generator at City Hall and the 100kw generator at Police and Courts with 750kw and 600kw units, respectively. Included in the replacements are all associated monitoring and alarm systems for the generators and associated fuel storage tanks, and construction of the engineered concrete foundation and pad. Both units will be enclosed with high wall enclosures made of masonry and metal louvers.

Run time for the City Hall generator will increase from the current 31 hours to 3-4 days depending on the load; the capacity will power the entire building compared to current, which powers the first floor lighting and outlets, facility life safety components, and air conditioning for the second floor server room. The 750kw generator installed at City Hall will include installation of a 5,000 gallon underground double walled fuel storage tank. The 600kw generator replacement at Police and Courts will have a 1,500 gallon double walled above ground storage tank as part of the unit; run time with the 600kw generator will power the entire building.

Out of 15 electrical companies participating in the advertised sealed bid process, 6 submitted bids. The low bidder was C. F. McDonald Electric, Incorporated with a bid of $1,099,938. C. F. McDonald Electric job references were checked resulting in a satisfactory report including a recommendation letter from the engineering firm. Construction is estimated to begin prior to end of the year with completion in May 2010.

Council Member Smithers inquired regarding consideration of powering the generators with natural gas versus the choice of diesel fuel, staff stated diesel was recommended by Engineering; there are risks involved with interruptions in the natural gas supply.

Council Member Abraham asked if the two existing generators would be salvaged; staff explained the bid provided a decrease in price for the contractor to take the existing generators.

Council Member Schiff inquired as to location of the new City Hall generator and if the city would lose parking spaces; it is not known the exact number of spaces that will be lost at this time, staff will follow up with Council, stating meetings were held with the Parking Committee for Town Square, all stakeholders involved, and approval has been given.

Council Member Olson stated he would like to see the salvage information on the generators.

Following a full and complete discussion, Council Member Smithers, seconded by Council Member Chaumette, made a motion to approve a Contract in the amount of $1,099,938 with C. F. McDonald Electric, Incorporated for CIP MU0802 emergency generator replacement City Hall and Police and Courts facilities. The motion carried unanimously.

ordinances and resolutions

ORDINANCE NO. 1761 – COMBINATION TAX AND REVENUE

CERTIFICATES OF OBLIGATION SERIES 2009

Mayor Thompson introduced FIRST AND FINAL CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1761 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AUTHORIZING THE ISSUANCE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009.

Ms. Jennifer Brown, Budget and Research Director, stated on September 15, 2009, City Council approved Resolution No. 09-31 authorizing publication of notice of City intent to issue Certificates of Obligation (CO) not to exceed $18,875,000 for capital improvements. Projects funded from the CO total $17,694,500 which includes reduction of $1 million out of Parks projects. A team of three underwriters participated in the negotiated sale: Lead underwriter was Morgan Keegan who teamed up with Coastal Securities and Merrill Lynch.

Preliminary amount was $17,795,000 shown on the preliminary statement. Anticipated delivery of funds on the issue is December 1, 2009. The city requested two agencies to review and assign ratings; Standard & Poor’s upgraded the City bond rating to AA+, and Fitch ratings were upgraded with last issue and maintained AA+. Due to ratings, the issue will not carry insurance. As this was a negotiated sale, the par amount differs slightly from the preliminary official statement. Results of the sale were $17,820,000 in principal amount with true interest cost of 3.92 percent over 20-years.

Update on results of refunding: staff proceeded with two refundings with a reduced amount on the General Obligation refunding bonds. Initially staff was looking at a $15 million refunding with a portion being advance refunding and a portion being current refunding.

Market conditions were such that it was advantageous to move forward on current portion of refunding. The actual refunding amount was only $4.5 million out of the $15 million. Staff was able to achieve 6.58 percent present value savings on the $4.5 million over a six year period. On the revenue refunding bonds, staff proceeded with the entire amount, all current refundings, $8.5 million in principal, and achieved 6.37 percent present value savings on those over an eight year period.

Council Member Schiff stated the Finance/Audit Committee, Council, and staff had met many times regarding the bonds and commented that over the last 18-24 months, discussions were held whether to float the bonds or hold off, and the city could not have picked a better time to hold off and it could even be the best time over the next 20 years. Mr. Schiff stated that on average, had the city been floating the bonds as money was needed over the last 24 months, it would be between 120 and 125 basis points or 1 to 1.25 percent higher than currently funded which represents in the $3-4 million range over life of the bonds; it is very significant.

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Olson, made a motion to approve FIRST AND FINAL CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1761 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AUTHORIZING THE ISSUANCE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009. The motion carried unanimously.

ordinance no. 1762 – waterworks and sewer system

revenue bonds series 2009

Mayor Thompson introduced FIRST AND FINAL CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1762 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF SUGAR LAND, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2009.

Ms. Jennifer Brown, Budget and Research Director, stated this is the second issue that went to market and initially staff was looking at just over $29 million and needed $27.4 million to construction, which was broken out between surface water, wastewater, and water projects. City is fully funding reserve with the issue; $27,410,000 to construction and $1,850,000 in reserve plus issuance costs. The issue was a negotiated sale with three underwriters: Morgan Keegan, Coastal Securities, and Merrill Lynch. Preliminary par amount of $29,405,000 and will deliver on December 1, 2009. The issue was rated by Standard & Poor’s, maintain current AA, and Moody’s Investors Service, maintain current Aa3 rating. Issue will not carry insurance. Final results of sale were $29,490,000 in principal for par amount and true interest cost 4.11 percent.

Mr. Cliff Kavanaugh, City Financial Advisor, First Southwest Company, stated there would be no insurance on the issue because people would just as soon pay the higher price for City credit without having to pay the insurance premium; it is not cost efficient to have the insurance.

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Jones, made a motion to approve FIRST AND FINAL CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1762 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF SUGAR LAND, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2009. The motion carried unanimously.

property taxes

Mayor Thompson introduced FIRST AND FINAL CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1763 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, LEVYING A PROPERTY TAX RATE FOR THE YEAR 2009; DIRECTING THE TAX ASSESSOR-COLLECTOR TO ASSESS, ACCOUNT FOR, AND DISTRIBUTE THE PROPERTY TAXES AS HEREIN LEVIED.

Ms. Donna Svatek, Treasury Manager, stated the Fiscal Year 2010 budget was adopted on September 15

based on the proposed $0.30000 tax rate. All required notices have been published and two public hearings have been held. Since the year’s maintenance and operation taxes will raise $1,103,090 more than last year, the ordinance will include: “This tax rate will raise more taxes for maintenance and operation than last year’s tax rate.” State law does specify that the Council Member making the motion to adopt the tax rate must state: “I move that the property tax rate be increased by the adoption of a tax rate of $0.3000, which is effectively a 3.11 percent increase in the tax rate.”

At this time, staff recommends consideration and approval of Ordinance No. 1763 adopting the tax rate of $0.3000 for the Tax Year 2009.

Following a full and complete discussion, Mayor Thompson, seconded by Council Member Olson, made the motion that the property tax rate be increased by the adoption of a tax rate of $0.30000, which is effectively a 3.11 percent increase in the tax rate. The motion carried unanimously.

ordinance no. 1764 – speed zones for state highway 99

Mayor Thompson introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1764 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 5 (PUBLIC PROPERTY AND SERVICES) OF THE CODE OF ORDINANCES BY ADDING SPEED ZONES FOR STATE HIGHWAY 99.

Mr. David Worley, Assistant Public Works Director, stated with the annexation of River Park on December 1, 2009, the Speed Regulations Ordinance is required to be revised to include State Highway 99, a 4-lane divided highway, from the intersection of U.S. 59/S.H. 99 north to the new city limits totaling a distance of approximately 1.5 miles. Northbound to Highway 90A, there are five access points; three are driveways to a shopping area and a driveway for East River Park and West River Park. Four driveways are similar on the southbound side of S.H. 99. Texas Department of Transportation (TxDOT) did a speed zone study; the maximum speed limits posted were based primarily on the 85^th percentile speed and established the speed to be 60 miles per hour, the current speed limit today.

Staff recommends maintaining the current speed limit of 60 miles per hour at the specified location at this time.

Council Member Olson asked where on S.H. 99 the River Park annexation line is located to the north, and the City Manager stated it is only to the boundary of the municipal utility district which is to the levee.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Chaumette, made a motion to pass to second reading CITY OF SUGAR LAND ORDINANCE NO. 1764 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 5 (PUBLIC PROPERTY AND SERVICES) OF THE CODE OF ORDINANCES BY ADDING SPEED ZONES FOR STATE HIGHWAY 99. The motion carried unanimously.

workshops

variance to distance requirements

Mayor Thompson introduced discussion on variance to the distance requirements for the sale of alcoholic beverages.

Ms. Sabine Somers-Kuenzel, Director of Planning, stated Teresita's Catering has applied for a license to sell alcoholic beverages at 957 Eldridge Road which is the location of a new restaurant and catering facility. The license has not been approved as the lease space does not meet the required 300' separation from a church to sell alcohol, as required by Sec. 3-91 (a) of Sugar Land's Code of Ordinances. The space is approximately 270' from the existing Crossbridge Church, and both lease spaces are in a strip center.

Two other spaces in the strip center are a liquor store located next to the church and Panda Garden Restaurant nearby; both leases have alcoholic beverage permits that are grandfathered as they moved in prior to the church. As long as the two spaces hold alcohol permits, even if it was a new business but same type of permit, the permit would transfer along with the lease.

The owner of Teresita’s has requested a variance to the separation requirement. The City has no past record of such a request, and there is no established process. There is potential for similar situations in other lease spaces and shopping areas. The variance for Teresita’s will be brought before City Council.

Council Member Abraham stated this should be regulated by Texas Alcohol and Beverage Commission.

Staff stated this is a unique situation, as the statute states that TABC will honor and grant the permit if a

City Council grants a variance to the distance requirement.

Council Member Jones stated concerns were a precedent being set for future variances; and when establishing a process, included in the process should be a statement that there is no objection by the entity that is being protected.

Council Member Smithers stated consideration should be given to restricting churches from leasing in the strip shopping centers.

Mayor Thompson stated Council consensus was for staff to bring forward the variance and the church should be notified that Council will move forward and consider the request.

MAYOR’S FITNESS COUNCIL PROGRAM

Mayor Thompson introduced discussion on Mayor’s Fitness Council Program.

Mayor James A. Thompson stated he was approached by a group of citizens of Sugar Land who are involved with running and fitness groups within the city. A grant opportunity is available for a formalized program on wellness, but the group would need approval from the Mayor’s Office of each city. Shape Up Sugar Land was created a few years ago, which is an ad hoc, not a formal group and not officially recognized as a 501C3. The new program with the city would be formalized, not only with the group but additional organizations. The program is for promoting wellness within the community.

Ms. Karen Daly, Assistant City Manager, stated applications for funding are due to the state by November 13^th, cities are eligible up to $100,000; first phase is eligible for $12,000 and the subsequent $78,000 if successful in first phase. The first phase has to consist of preparing a plan and an assessment of what would be done with the second phase dollars. The program requires a Mayor’s Wellness Council to be appointed to oversee the program along with active participation from the Mayor and staff. The city will submit the application on behalf of the Mayor and will have the support from Shape Up Sugar Land and other entities that support the process. The city must report on progress of the grant every two months.

In the first phase, grant money can be used for personnel, travel, contractual services, and direct costs, the first phase includes when the wellness council will be appointed and plans for conducting a community resource assessment. The second phase is based on data-driven information about the community.

Mayor Thompson stated he has authorized the group to proceed with writing the grant, staff will review. As they move forward with the program, Council will be kept advised, and he encouraged Council members to participate.

CITY COUNCIL CITY MANAGER REPORTS

CITY COUNCIL REPORTS

Mayor Thompson introduced Community Events Attended or Scheduled.

CITY COUNCIL CITY MANAGER REPORTS

CITY COUNCIL REPORTS

Council Member Chaumette reported the Fort Bend Junior Service League Sugar Plum Market will be held on November 6-7and Fort Bend Boys Choir will hold the 5-K Walk.

Council Member Jones, Olson, and Schiff reported attending the Finance Committee meeting.

Council Member Schiff reported on the annual Fort Bend Alzheimer’s Memory Walk that was held on Saturday, October 31, and the Exchange Club worked Wings Over Houston to raised funds for the Women’s Center, and the Fort Bend Education Foundation will hold the International Festival in Town Square on Saturday, November 7.

Council Member Olson reported that Wednesday, November 11, is Veteran’s Day and Sugar Land Rotary is saluting all veterans; all City employees that are veterans are invited to sign up and attend the luncheon at Sweetwater Country Club at no cost where Mayor Pro Tem Jones will present a proclamation from the City.

CITY MANAGER REPORT

City Manager Bogard stated that volunteers from City Council have been asked to serve on a task force reviewing the City streetscape beautification policy, a strategic policy project for 2010. A project is being proposed from the Memorial Park Task Force regarding memorials at Sugar Land Memorial Park and staff is requesting Council Members’ thoughts on the project. A summary of the City Council workshop on October 27 was sent to Council Members with a request from Mr. Bogard to review the summary and advise him of any issues that need to be addressed. City Council workshop meeting for November 24 will be cancelled.

Council Members Chaumette, Olson and Schiff volunteered to serve on the task force for City streetscape policy project.

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 7:12 o'clock P.M.

_____________________________________

Glenda Gundermann, City Secretary

(SEAL)