Agenda Request

	City Council
	Agenda Request
Agenda Of:	february 05, 2008	Agenda Request No:		III G
Initiated By:	Glenda Gundermann, City Secretary	Responsible Department:		City Secretary
Presented By:	Glenda Gundermann, City Secretary	Department Head:		Glenda Gundermann, City Secretary
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Minutes City Council Meeting january 15, 2008 Approve Minutes
Exhibits:	Minutes January 15, 2008
Clearances			Approval
Legal:	N/A		Executive Director:	N/A
Purchasing:	N/A		Asst. City Manager:	N/A
Budget:	N/A		Acting City Manager:	Karen Glynn
Budget
Expenditure Required: $			N/A
Amount Budgeted/Reallocation: $			N/A
Additional Appropriation: $			N/A
Recommended Action
Approve the minutes of the City Council meeting January 15, 2008.
Exhibits

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

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, january 15, 2008

REGULAR MEETING

The City Council of the City of Sugar Land convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Tuesday, January 15, 2008 at 5:36 o'clock P.M. and the roll was called of the members; to wit:

David G. Wallace, Mayor

Thomas Abraham, Council Member at Large, Position One

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

Dennis C. Parmer, Council Member District One

Donald G. Olson, Council Member District Two

Russell C. Jones, Council Member District Three

Michael S. Schiff, Council Member District Four

QUORUM PRESENT

All of said members were present.

Also present were:

Allen Bogard, City Manager

Glenda Gundermann, City Secretary

Joe Morris, City Attorney, and

A Number of Visitors

CONVENE MEETING

Mayor David Wallace convened the session, open to the public, to order at 5:37 o’clock P.M.

INVOCATION

Council Member Wong delivered the invocation.

PLEDGE OF ALLEGIANCE

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

RECOGNITIONS

MINUTE MAID RELOCATING TO SUGAR LAND

Mayor Wallace announced that the world headquarters for Minute Maid is moving to the City of Sugar Land and will lease at least 100,000 square feet of office space located on City Walk in Sugar Land Town Square; Minute Maid will help grow the economy and create jobs in the city.

Mayor Wallace welcomed Minute Maid to the city and introduced Chief Executive Officer of Minute Maid, Mr. Mike St. John, who stated on behalf of the company’s 400 employees that they are very excited to be moving to Sugar Land and becoming part of the community.

2007-2008 NATIONAL AMERICAN MISS TEEN TALENT

Mayor Wallace stated the National American Miss Pageants are dedicated to celebrating America’s greatness and encouraging and preparing future leaders through building self-confidence and valuable communication skills essential to succeed. Ms. Jennifer Yang, a resident of Sugar Land and student at Kempner High School, won the title of “Miss Texas Teen Talent” in July 2007, advancing her to represent Texas in the 2007-2008 National American Miss Pageant in California where she won 4th Runner-up from among more than 100 contestants in the 16-18 year old category. Jennifer has a passion for dance and has used her talent to raise money and awareness in countless community efforts to help those in need and to improve cultural exchange.

Mayor Wallace presented a Certificate of Recognition to Jennifer Yang for her accomplishments and compassion to help those in need and extended best wishes for success in her future endeavors.

BOY SCOUT TROOP 1116 AND CUB SCOUT TROOP 616

TREE PLANTING IN SUGAR LAND PARKS

Mayor Wallace stated the Parks Department is working with various groups to continue efforts to enhance the Parks System through the planting of trees. On December 1, sixteen red and live oaks, donated by Tree Town USA, were planted in Lost Creek Park by a group of Boy Scouts led by Kush Parikh, Troop 1116, as part of an Eagle Scout project. The boys also picked up litter in Oyster Creek and Lost Creek Parks. Mayor Wallace recognized the boys of Troop 1116 and thanked them for their hard work and efforts in helping the City of Sugar Land.

On December 15, Cub Scout Pack 616 and their parents planted thirty trees, donated by Chevron, at Sugar Land Memorial Park as part of the ongoing reforestation efforts in the park. The scout pack is seeking the Cub Scout World Conservation Award. Mayor Wallace recognized Pack 616 and expressed his gratitude to the boys for helping the City and giving back to the community.

The City and Keep Sugar Land Beautiful will hold the second annual tree planting event at Sugar Land Memorial Park on Saturday, January 26, and will plant 10,000 tree seedlings donated by the Apache Foundation. Planting will begin at 9:00 a.m. and continue until all trees are in the ground. Free seedlings will be handed out, and proper tree care techniques and tree trimming education will be provided at the event.

PUBLIC COMMENT

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

REVIEW OF CONSENT AGENDA

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

CONSENT AGENDA

Mayor Wallace introduced III.A) SECOND CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1665 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING SECTION 5-249 OF THE CODE OF ORDINANCES BY AMENDING THE SINGLE-FAMILY CONNECTION CHARGE FOR DISTRICTS SERVED BY THE UTILITY SYSTEM; III.B) CITY OF SUGAR LAND RESOLUTION NO. 08-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, APPROVING THE TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF SUGAR LAND, and approval of a budget adjustment in the amount of $10,000.00 to revenues and expenditures; III.C) CITY OF SUGAR LAND RESOLUTION NO. 08-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE CITY OF SUGAR LAND STORMWATER MANAGEMENT PROGRAM FOR SUBMISSION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; III.D) authorizing execution of a one-year Contract renewal in the amount of $44,786.00 with TOS, Incorporated for Sugar Land Regional Airport security services for the period January 22, 2008 through January 21, 2009; III.E) approval of the minutes of the regular meeting of January 02, 2008.

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

CONTRACTS AND AGREEMENTS

RECUSAL OF COUNCIL MEMBER

Council Member Jones recused himself from the Council Chamber at 5:50 o’clock P.M., stating he had filed a conflict of interest affidavit and would not participate in the discussion or vote and left the City Council Chamber.

MUNICIPAL COURT COLLECTION SERVICES

Mayor Wallace introduced a Contract by and between the City of Sugar Land and McCreary, Veselka, Braggs & Allen, P.C for Municipal Court collection services.

Ms. Linda Symank, Director of Fiscal Services, stated in September, City Council approved a Municipal Court add-on fee which is allowed by law for cities who choose to out-source their delinquent account collections. The current collection procedure for the city will continue, which consists of sending a failure to

appear, pre-warrant notice within the first week after the missed court date. If there is no response, approximately two weeks later a warrant is issued and a warrant notice is sent to the defendant. The Warrant Division will pursue locating the defendant until the case is 60 days old. At that time the case will be submitted to the collection agency.

Requests for proposals for Municipal Court collection services were mailed out in November 2007; four proposals were received. The proposals were evaluated based on the following: (1) qualifications, reputation and experience of the firm, (2) method of performing the work, (3) reporting capacity and computer network, (4) proposed fee structure, and (5) past experience of the assigned staff on relevant projects.

Staff recommends award of the Municipal Court collection services contract to McCreary, Veselka, Braggs & Allen, P.C. (MVBA), whose proposal included an offer to collect the outstanding warrants and provide the money and appropriate reports to Municipal Court, which will require less work on the Court staff. The contract is annual with (2) one-year renewal options. MVBA was ranked the highest by all four evaluators, and the Finance Committee previously reviewed the proposals and discussed the selection process with staff. Council agreed the process was very competitive with excellent firms and proposals competing for the contract. Discussion ensued regarding Council holding a future workshop to discuss the weighting process used in selecting vendors on different types of contracts.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Schiff, made a motion to approve a Contract by and between the City of Sugar Land and McCreary, Veselka, Braggs & Allen, P.C for Municipal Court collection services. The motion carried unanimously.

RE-ENTRY OF COUNCIL MEMBER

Council Member Jones re-entered the Council Chamber at 5:58 o’clock P.M.

RECUSAL OF COUNCIL MEMBER

Council Member Wong recused himself from the Council Chamber at 6:00 o’clock P.M., stating he had filed a conflict of interest affidavit and would not participate in the discussion or vote and left the City Council Chamber.

engineering services for Surface Water

Conversion Transmission Line Routing Study

Mayor Wallace introduced a Contract in an amount not to exceed $97,858.00 with LJA Engineering and Surveying, Incorporated for engineering services for Surface Water Conversion Transmission Line Routing Study.

Ms. SuEllen Staggs, Director of Utilities, stated on December 31, 2007, the City submitted a Groundwater Reduction Plan (GRP) outlining the city planned strategies for meeting Fort Bend Subsidence District (FBSD) timeline for mandated conversion to non-groundwater sources. The city will construct a Surface Water Treatment Plant on the north side of the city in the Gannoway Lakes area and create surface water transmission lines to implement phased conversion; the lines will carry treated surface water from the new surface water treatment plant to existing groundwater plants, or take points, for blending and distribution. The project will consist of two phases. Phase I will take the surface water line to two of the water plants and Phase II, anticipated in 2025, will take the surface water line to the other four water plants within the city.

A routing study for the transmission lines to determine alignment for both phases has been budgeted in CIP No. SW0801. LJA Engineering & Surveying, Incorporated, was selected to perform the engineering services for the study based on previous experiences on similar projects and up-to-date knowledge with Telfair and Tract 3 developments, through which the new surface water transmission lines will potentially be routed.

LJA will analyze alignment alternatives based on utility conflicts, road crossings, future land use, and cost impact. In recommending alignment, LJA will evaluate available geotechnical and fault data, generate list of parcels to obtain, and identify property owners.

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Olson, made a motion to approve a Contract in an amount not to exceed $97,858.00 with LJA Engineering and Surveying, Incorporated for engineering services for Surface Water Conversion Transmission Line Routing Study. The motion carried unanimously with Council Member Wong abstaining.

RE-ENTRY OF COUNCIL MEMBER

Council Member Wong re-entered the Council Chamber at 6:11 o’clock P.M.

COVINGTON WOODS AND SUGAR MILL STORMWATER DIVERSIONS

Mayor Wallace introduced a Contract in an amount not to exceed $77,247.00 with Dannenbaum Engineering Corporation for Covington Woods and Sugar Mill storm water diversions to Eldridge Road.

Mr. Shashi Kumar, Drainage Engineer, stated the intersections that the City is concerned with are Woodchester, Bournewood, Greywood, Greenbriar, and Rolling Mill. The project calls for storm water flood diversions to Eldridge Road. The capacity was built into the Eldridge Road storm sewer system when Eldridge Road was constructed. Primarily the project provides flooding relief to Covington Woods; staff is proposing some new diversions which would provide relief to Sugar Mill if implemented. The project was designed in 2005, approved by TxDOT, and put on hold pending completion of the Sugar Mill Drainage

Study. Determining whether the project would have any impact on Ditch A-22 or Sugar Mill was included in the Sugar Mill Study, which has been recently completed. The study results indicated no adverse impact on

Ditch A-22 or Sugar Mill, and the diversions can now move forward. The original design called for diversions at (3) Eldridge Road intersections; Woodchester, Bournewood, and Greywood.

After the Sugar Mill Study, staff determined problems at another intersection which can be potentially incorporated into the original design. Diverting a partial flow from Rolling Mill into Eldridge and possibly a new intersection at Greenbriar are being considered. The drainage goes to Covington Woods ditch and then to A-22. The project would take some flow partially out of Covington Woods and, if implemented, into the Eldridge Road storm sewer system directly which would reduce the duration and level of ponding in streets during minor and extreme events. The proposed additional locations include Rolling Mill Drive and Greenbriar/Linden Drive; if the (2) diversions can be incorporated into the original design, the plans will be updated to reflect the changes and resubmitted to TxDOT for permitting purposes.

Dannenbaum Engineering Corporation (DEC) was recommended as the consultant to perform the design work; DEC was Engineer of Record on the original plans. Duration of the engineering contract is (6) months, and construction of the originally proposed improvements is budgeted and identified in the FY 2009 CIP.

Following a full and complete discussion, Council Member Parmer, seconded by Council Member Wong, made a motion to approve a Contract in an amount not to exceed $77,247.00 with Dannenbaum Engineering Corporation for Covington Woods and Sugar Mill stormwater diversions to Eldridge Road. The motion carried unanimously.

GROUND POWER UNIT FOR SUGAR LAND REGIONAL AIRPORT

Mayor Wallace introduced consideration on authorizing Purchase in the amount of $33,259.00 with Mark C. Pope Associates, Incorporated for a ground power unit for Sugar Land Regional Airport.

Mr. Phillip Savko, Director of Aviation, stated on November 6, 2007, City Council approved the emergency replacement of one of the airport Ground Power Units (GPU); currently there are two GPUs in service. The purchase of a third GPU was approved in the Fiscal Year 2008 budget, which will help meet the demand for electrical service for aircraft waiting at the airport. At the time of request, the cost of a GPU was estimated to be $27,000 and budgeted accordingly.

The bids were solicited for a GPU with the desired specifications; only one bid was received, from Mark C. Pope Associates, Incorporated in the amount of $33,259; estimated delivery was within six (6) months. Airport and Purchasing reviewed the bid, found it to be competitive, and recommends approval. The GPU has a 2-year manufacturer warranty plus 10 years on parts on the shelf with 24-hour parts delivery.

The airport has sufficient funding available to cover the $6,259 cost difference between budgeted and actual price in the Equipment Replacement and Maintenance Fund.

Following a full and complete discussion, Council Member Olson, seconded by Council Member Abraham, made a motion to approve the Purchase in the amount of $33,259.00 with Mark C. Pope Associates, Incorporated for a ground power unit for Sugar Land Regional Airport. The motion carried unanimously.

CITY COUNCIL CITY MANAGER REPORTS

CITY COUNCIL REPORTS

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

Council Member Jones reported that the Finance Committee met and that reviewed items will be coming before City Council soon. An audit update was received and included a few reporting changes and status of sales tax updates; discussed adjusting fees for park facilities on an annual basis. Mr. Jones attended the 75^th anniversary celebration of the Sugar Land Garden Club and presented a proclamation from the City.

Council Member Parmer reported attending the Planning & Zoning meeting as liaison and commented there will be two items coming to City Council regarding a CUP for a gas station at Eldridge Road/West Airport Road and permanent zoning of 28 acres in Telfair; preliminary plats for Riverstone were discussed. Mr. Parmer attended the I-69 Trans-Texas Corridor meeting, and information may be obtained from TxDOT on the HGAC website or at a meeting in Rosenberg on February 25, 2008.

Council Member Wong reported attending the HGAC board meeting at which a request was received from Harris County Judge Ed Emmett to change the meeting time as it conflicts with the Commissioners Court meeting.

Council Member Schiff thanked the Mayor and Council Members for filling in during his absence, and thanked Council, the staff, and the community for the love, support, and extended offers of help given him in the loss of his wife.

Mayor Wallace reported the Behind-the-Scenes Tour was held for the Mayor’s Youth Advisory Council and congratulated Sugar Land Fire Chief Dannie Smith on his appointment as President of the Texas Fire Chiefs Association (TFCA).

CITY MANAGER REPORT

City Manager Bogard stated the city is holding the first annual State of the City Address on Friday, January 18, at a 7:30 a.m. breakfast, Sugar Land Marriott Hotel, cost is $20; City Hall offices will be closed on Monday, January 21, in observance of Dr. Martin Luther King’s birthday; progress is being made with Union Pacific Railroad for testing the wayside horns at intersections. City Engineer Chris Steubing reported that Union Pacific and the contractor Railroad Controls Limited (RCL) are on-site to ensure that everything is operational; 21-day notification letters are currently being prepared.

RECESS REGULAR MEETING

Mayor Wallace recessed the Regular Meeting to go into Closed Executive Session, time 6:38 o’clock P.M.

CLOSED EXECUTIVE SESSION

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

Consultation with Attorney: Section 551.071 (Discuss litigation) and Real Property: Section 551.072 (Discuss acquisition of land).

a) For the purpose of discussion with respect to litigation and acquisition of 1.992 acres for West Wastewater Treatment Plant expansion. Mr. Joe Morris, City Attorney.

ADJOURN CLOSED EXECUTIVE SESSION

Mayor Wallace adjourned the Closed Executive Session time, 7:06 o’clock P.M.

RECONVENE REGULAR MEETING

Mayor Wallace reconvened the Regular Meeting time, 7:07 o’clock P.M.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 08-03 – WEST (NEW TERRITORY) WASTEWATER

TREATMENT PLANT EXPANSION

Mayor Wallace introduced consideration on CITY OF SUGAR LAND RESOLUTION NO. 08-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE FEE SIMPLE TITLE TO APPROXIMATELY 1.992 ACRES OF PROPERTY FOR FLOOD CONTROL LEVEE IMPROVEMENTS AND AN EASEMENT IN APPROXIMATELY 1.815 ACRES FOR BUFFER ZONE PURPOSES IN CONNECTION WITH THE WEST (NEW TERRITORY) WASTEWATER TREATMENT PLANT EXPANSION.

Ms. SuEllen Staggs, Director of Utilities, stated that City will need to obtain a 3.81 acre tract of property adjacent to the west side of the plant site for the purpose of a buffer zone and levee. Per TCEQ regulations

wastewater treatment plants require a 150-foot buffer between the plant treatment units and any residential structures.

Approval of Resolution No. 08-03 will give staff the ability to submit the final letter offer to the property owner adjacent to the West Wastewater Treatment Plant for 1.992 acres of property for flood control levee improvements and an easement of approximately 1.815 acres of property for buffer zone purposes. Resolution approval will give staff the ability to declare the necessity to go to condemnation if the city is not successful with the final offer letter.

Ms. Staggs stated that at the eventual size of 10.5 million gallons per day at $6 a gallon, the facility is approximately a $60 million piece of capital infrastructure that City must protect.

Following a full and complete discussion, Council Member Jones, seconded by Council Member Olson, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 08-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE FEE SIMPLE TITLE TO APPROXIMATELY 1.992 ACRES OF PROPERTY FOR FLOOD CONTROL LEVEE IMPROVEMENTS AND AN EASEMENT IN APPROXIMATELY 1.815 ACRES FOR BUFFER ZONE PURPOSES IN CONNECTION WITH THE WEST (NEW TERRITORY) WASTEWATER TREATMENT PLANT EXPANSION. The motion carried unanimously.

ADJOURN

There, being no further business to come before Council, Council Member Olson, seconded by Council Member Schiff, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 7:10 o'clock P.M.

_____________________________________

Glenda Gundermann, City Secretary

(SEAL)