CITY COUNCIL CHAMBER – CITY HALL 2nd FLOOR – TUESDAY MARCH 11, 2008 - 2:00 P.M. AGENDA _________________________________________________________________________________________ 3MIN 3MIN 3MIN NON-AGENDA _________________________________________________________________________________________ 1MIN. 1MIN. 1 MIN. MR. FRANK WATSON – 10910 Whitethorn – 77016 – 281-449-7663 – Community Issue _________________________________________________________________________________________ 3MIN 3MIN 3MIN MR. FRED FICHMAN – 2302 Texas Ave – 77003 – 713-524-7700 ext. 13 – Houston Media Source MS. CAROL MIMS GALLOWAY – 4810 Lavender – 77026 – 713-303-3444 – Neighborhood concerns MR. MARK PERRIGO – 2820 N. Main – 77009 – 832-790-6313 – Security Trailer permit MR. JOSEPH BALLARD – 6302 Rocky Nook – Humble – TX – 77396 – 281-850-0388 – Community issues MS. IVORI M. HOPKINS – 1710-A Bluebonnet Place Circle – 77019 – 832-798-1415 – Property invasion I got robbed MR. BRIAN CWEREN – 3311 Richmond, Ste. 205 – 77098 – 713-622-2111 – City Attorney’s Office MR. BEN WARRICK – 3019 Maysel – 77080 – 713-465-1993 – Neighborhood concerns MS. PATRICIA THAMES – 3106 Maysel – 77080 – 713-468-2239 – Neighborhood concerns MS. BIRGIT GREEN – 1532 W. 21st – 77008 – 832-647-3047 – Neighborhood issue in Shady Acres PREVIOUS _________________________________________________________________________________________ 1MIN. 1MIN. 1 MIN. MOTION NO. 2008 0112 MOTION by Council Member Brown that the recommendation of the Director of the Department of Public Works and Engineering, to set a hearing date to consider adopting a Municipal Setting Designation ordinance (MSD) for Union Pacific Railroad Company (UPRR), be adopted, and a Public Hearing be set for 9:00 a.m ., Wednesday, March 12, 2008, in the City Council Chamber, Second Floor, City Hall . Seconded by Council Member Khan and carried . Mayor White, Council Members Lawrence, Johnson, Clutterbuck, Adams, Sullivan, Khan, Holm, Garcia, Rodriguez, Brown, Lovell, Noriega, Green and Jones voting aye Nays none PASSED AND ADOPTED this 6th day of February, 2008 . Pursuant to Article VI, Section 6 of the City Charter, the effective date of the foregoing motion is February 12, 2008. City Secretary Mayor via City Secretary REQUEST FOR COUNCIL ACTION SUBJECT: A Municipal Setting Designation ordinance prohibiting the use of Category Page Agenda Item designated groundwater at the Crystal Chemical site for Union Pacific Railroad # 1 of 1 # Company. FROM (Department or other point of origin): Origination Date Agenda Date Department of Public Works and Engineering 3 - 6 - c)e I i s a DIRECTOR'S SIGNATUREk ..4- Council District affected : Michael 3' Marcotte, P.E., DEE, Director For additional information contact: Date and identification of prior authorizing Carol A. Ellinger, P.E. /'1~ Phone : (713) 837-7658 Council action : August 22, 2007 - 2007-0959 Senior Assistant Directo, ~ - - February 6, 2008 - 2008-0112 RECOMMENDATION: (Summary) It is recommended that City Council adopt a Municipal Setting Designation ordinance for Union Pacific Railroad Company prohibiting the use of designated groundwater at the Crystal Chemical site and supporting issuance of an MSD tay the Texas Commissio n on Environmental Quality. Amount and Source of Funding: N/A F&A Bullet: BACKGROUND: In 2003, the Texas Legislature authorized the creation of Municipal Setting Designations (MSDs), which would designate an area in which contaminated groundwater is prohibited for use as potable water. The law is administered by Texas Commission on Environmental Quality and requires local City support to designate an MSD. The intent of the legislation is to encourage redevelopment of vacant or abandoned properties while protecting the public health. On August 22, 2007, City Council approved an Ordinance amending Chapter 47 of the Code of Ordinances by adding Article XIII relating to groundwater, which provides a process to support or not support an MSD application to the State. This Ordinance requires that written public notice be mailed to property owners within 2,500 feet of a proposed MSD and owners/operators of potable water wells within 5 miles of a proposed MSD. In addition, a public meeting (held on 1/29/2008) and a public hearing (scheduled for 3/12/2008) are required to be held prior to City Council consideration of support. UNION PACIFIC RAILROAD COMPANY APPLICATION : Union Pacific Railroad Company (UPRR) is seeking an MSD for approximately 27-acres of land located at 10,200 Westpark Drive. UPRR acquired Southern Pacific Transportation Company (SPTC) who leased this property to Crystal Chemical Company (Crystal). From 1968 to 1981, a portion of this property was operated by Crystal, which produced herbicides at the site. As a result of those operations, the groundwater was impacted with arsenic. Records show that in 1981 Crystal filed for bankruptcy and abandoned the site. The Environmental Protection Agency (EPA) undertook certain cleanup measures, evaluated the site and approved a remedy for addressing the contamination . Although it did not cause the contamination, UPRR undertook responsibility for designing and implementing the remediation of the impacted soil and groundwater because it owns the land. The remediation was completed in 2003. In 2005, EPA completed a second five-year review of the site and found that the remedy is protective of human health and the environment. UPRR is seeking an MSD for this property to restrict the ability to access the local groundwater in order to protect the public against exposure to residual contaminants. There is a public drinking water supply system that meets state requirements that supplies or is capable of supplying drinking water to the MSD property and all properties within one-half mile of the site . RECOMMENDATIONS : It is recommended that City Council adopt an MSD ordinance for UPRR prohibiting the use of designated groundwater at the Crystal Chemical and supporting the issuance of an MSD by the Texas Commission on Environmental Quality. MSM :AFI:CAE ZAMSDIUNION PACIFIC RAJLROADUO08-09-39 RCA-PUBLIC HEARING UPRR .DOC C: Marty Stein, Waynette Chan, Gary Norman, Ceil Price REQUIRED AUTHORIZATION CUIC ID# 20CAE15 Other Authorization: Other Authorization : F&A 01I.A REV. 3154 7530-0100403-00 Municipal Settings Designation Application 2007-001-UPRC Vicinity Map Legend Waterways F-7 City of Houston Application Site Location Locatiooal Map The City does not warrant its accuracy or completeness. Field verifications shoud be performed as necessary, sm MAR 1 2 2008 CMTO EACH qt-,',f 00 February 22, 2008 The Honorable City Council City of Houston Dear Council Members: Pursuant to Section 335 .035 of the Texas Local Government Code, I am appointing the following individual to the Harris County-Houston Sports Authority Board of Directors, subject to City Council confirmation: Ms. Sylvia Barnes, appointment to Position One, for an unexpired term to ending August 31, 2008. The r6sum6 of the appointee is attached for your review . Sincerely, Bill White Mayor BW:CC :jsk Attachments cc : Harris County Judge Ed Emmett . Mr . J . Kent Friedman chair, Harris County-Houston Sports Authority Ms. Janis Schmees, executive director, Harris County-Houston Sports Authority POST OFFICE BOX 1562 " HOUSTON, TEXAS 77251 TO:. Mayor via City Secretary REQUEST FOR COUNCIL ACTION SUBJECT: Acceptance of the 2008 Semiannual Report of the Capital Category Improvements Advisory Committee relating to implementation of the # water and wastewater impact fees program and transfer of revenues and interest generated by water and wastewater impact fees in the amount of $14,597,238 .06 to Combined Utilities System Operating Fund (Fund #8301) for revenue bond debt service. FROM (Department or other point of origin): Public Works and Engineering Jun Chang, P .E. 713-837-0433 71Y JDIRECTO SIGNATURE _..., -, Council District affected: Michael S. Marcotte, P.E. DEE, Director of Public Works and En in erin For additional information contact .- . Susan Bandy Date and identification of prior authorizing Phone : 713-837-0282 Council action: CM 2007-0729 / 06-27-07 RECOMMENDATION : (Summary) Approval of a motion accepting the January 2008 semiannual report of the Capital Improvements Advisory Committee relating to the implementation of the water and wastewater impact fees program and transferring impact fee revenues and interest generated by the program to the Combined Utilities System Operating Fund (Fund #8301) for revenue bond debt service as recommended in the report. Amount of Funding: $14,597,238 .06 (revenue) I F & A Budget: SOURCE OF FUNDING: [ ] General Fund [ ] Grant Fund [ ] Enterprise Fund [ ] Other (Specify) SPECIFIC EXPLANATION : Pursuant to Chapter 395 of the Local Government Code and the rules of procedures adopted by City Council, the Capital Improvement Advisory Committee (CIAC) must file semiannual reports on the implementation of the impact fee program and its supporting components. The Planning Commission, acting as the CIAC, approved the January 2008 semiannual report at its meeting on February 28, 2008. The Committee hereby now conveys the report to Council for consideration . This report contains documentation of impact fee administration from May 1, 2007 through October 31, 2007 . The Committee recommends that City Council accept the report and authorize the transfer of revenues and interest generated by water and wastewater impact fees, $14,597,238 .06, to revenue bond debt service. Attachment : _ l, City Attorney Marty Stein, Agenda Director