City Council

Agenda Request

Agenda Of:

november 06,  2007

Agenda Request No:

III E

Initiated By:

Glenda Gundermann,

City Secretary

Responsible Department:

City Secretary

Presented By:

Glenda Gundermann,

City Secretary

Department Head:

Glenda Gundermann,

City Secretary

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

minutes City Council Meeting october 16, 2007

Approve Minutes

Exhibits:

Minutes october 16, 2007

Clearances

Approval

Legal:

N/A

Executive Director:

N/A

Purchasing:

N/A

Asst. City Manager:

N/A

Budget:

N/A

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

N/A

Amount Budgeted/Reallocation:  $

N/A

Additional Appropriation:  $

N/A

Recommended Action

 

Approve the minutes of the City Council meeting October 16, 2007.

Exhibits

 

STATE OF TEXAS

§

COUNTY OF FORT BEND

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CITY OF SUGAR LAND

§

 

CITY OF SUGAR LAND

CITY COUNCIL REGULAR MEETING

tuesday, october 16, 2007

 

REGULAR MEETING

 

The City Council of the City of Sugar Land convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Tuesday, October 16, 2007 at 5:47 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 5:48 o’clock P.M.

 

INVOCATION

 

Council Member Donald Olson delivered the invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

RECOGNITIONS

 

Mayor Wallace recognized Albert Mo, a member of Boy Scout Troop Number 38, who was in attendance to earn the Communications merit badge.

 

CANS ACROSS SUGAR LAND CITY RECYCLING CHALLENGE

 

Mayor Wallace stated the United States Conference of Mayors, Novelis Corporation, and Keep America Beautiful sponsor the Cans for Cash City Recycling Challenge, a national contest that rewards cities for recycling aluminum beverage cans.  As a challenge to residents, the City of Sugar Land and Keep Sugar Land Beautiful (KSLB) are co-sponsoring the Cans Across Sugar Land City Recycling Challenge to collect the 63,000 aluminum cans needed to span the width of Sugar Land, estimated at 4.7 miles.  The cans will be collected October 1-30 at various Sugar Land locations.

 

Ms. Vicki Gist, Executive Director of Keep Sugar Land Beautiful, stated this is a community effort and recognized Raising Cane’s Restaurant, a drop-off site, and Austin High School Honor Society students for their hard work and support of the program.  Ms. Gist invited everyone to attend the Saturday, October 27 collection event at Eldridge Park, from 10:00 a.m. -2:00 p.m. 

 

Mayor Wallace presented the Cans Across Sugar Land City Recycling Challenge proclamation recognizing the importance of environmental awareness and recycling in Sugar Land, and called upon residents to participate in the recycling challenge during the month of October 2007.

 

OATH OF OFFICE TO SUGAR LAND BOARDS AND COMMISSIONS MEMBERS

 

Mayor Wallace administered the Oath of Office to members of the Animal Advisory Board, Building Standards Commission, Parks and Recreation Policy Advisory Board, Planning and Zoning Commission, Sugar Land 4B Corporation, and Zoning Board of Adjustment.

 

The Mayor introduced the new slate of Board Members to the audience noting the annual Boards and Commissions dinner is October 22nd at the Sugar Land Marriott to express appreciation to these civic-minded volunteers for their invaluable contributions.

 

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. 1649 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING THE 2007 MASTER DRAINAGE PLAN AS A PART OF THE COMPREHENSIVE PLAN; III.B)  authorizing execution of a Grant Agreement in the amount of $67,586.00 by and between the City of Sugar Land and Fort Bend Community Revitalization Projects for emergency home repairs through the Community Development Block Program; III.C) authorizing execution of a Contract in an amount not to exceed $60,252.00 with Keep Sugar Land Beautiful, Incorporated for environmental and educational programs and services for the period of October 1, 2007 through September 30, 2008;  III.D)  authorizing execution of a Contract in the amount of $197,936.00 with Bio Landscaping & Maintenance, Incorporated for non-state

routes rights-of-way mowing for the period October 1, 2007 through September 30, 2008;  III.E)  authorizing execution of a Contract in the amount of $75,000.00 with Andrews & Kurth, LLP for legal services relating to a proposed performing arts center;  III.F) authorizing execution of an Agreement by and between the City of Sugar Land and Fort Bend County Levee Improvement District No. 14 for spoil excavation from White Lily Pond located in Brazos Park area;  III.G) authorizing execution of an Agreement by and between the City of Sugar Land and Fort Bend County Levee Improvement District No. 2 for spoil excavation from White Lily Pond located in Brazos Park area;  III.H) authorizing execution of an Agreement by and between the City of Sugar Land and First Colony Levee Improvement District No. 2 for spoil excavation from White Lily Pond located in Brazos Park area;  III.I) authorizing execution of an Interlocal Agreement in an amount not to exceed $50,000.00 with Fort Bend Subsidence District for city sponsorship of WaterWise Water Conservation Education Program;  III.J) authorizing execution of a one-year Contract extension in an amount not to exceed $91,000.00 with Lone Star Uniforms, Incorporated for police uniforms;  III.K) authorizing an Electrical Distribution Easement for extension of power to 101 Gillingham Lane;  III.L) approval of the minutes of the regular meeting of October 02, 2007.

 

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

 

CONTRACTS AND AGREEMENTS

 

INTERLOCAL AGREEMENT FOR TEXAS TRANSPORTATION INSTITUTE

INTRA-CITY TRANSPORTATION PLANNING SERVICES

 

Mayor Wallace introduced consideration on an Interlocal Agreement by and between the City of Sugar Land and Fort Bend County for Texas Transportation Institute intra-city transportation planning services, and authorizing a budget adjustment in the amount of $10,000.00.

 

Mr. Dale Rudick, Director of Business and Intergovernmental Relations, stated that in accordance with the 2007-2008 Strategic Project identified as “Intra-City Transportation System”, the City has been working directly with the Texas Transportation Institute (TTI) and the Fort Bend County Public Transportation Department (FBC) to define a scope of services that will help determine a vision for an intra-city transportation system that includes a short, medium and long range plan.  FBC has secured 80% federal funding to perform such a plan.  The local 20% match will be split between City and County, and City’s share of the $100,000 study is $10,000.

 

The Texas Transportation Institute will perform a study to determine the need for an intra-city transit circulator service for Town Center along with a long term plan of action/vision as it relates to an Intra-City Transportation System utilizing modes of transportation other than the private automobile.  TTI’s scope of services will be broken out into Task I: analyze short and mid-range opportunities for transit mobility in Town Center, the four quadrants of U.S. 59/S.H. 6 intersection; and Task II: analyze long-range opportunities for multi-modal connectivity throughout Sugar Land and into Fort Bend County, taking into account potential future commuter rail and major employment or activity centers.  The city Comprehensive Plan, Visioning Task Force recommendations, Council directives and resolutions will be considered in the study.  Recommendations from this study will allow the city to take advantage of potential funding sources for implementation; City is not required to follow recommendations that do not follow our vision.

 

Although the Fort Bend County Public Transportation Department is the primary on the contract with the Texas Transportation Institute, the city will have a strong presence on the steering committee during the course of the study which includes representation from Intergovernmental Relations, Public Works (traffic operations), Planning and Engineering.  A large component of this study includes opportunities for community outreach and public review and comment by stakeholders and interested citizens.

 

Following a full and complete discussion, Council Member Olson, seconded by Council Member Jones, made a motion to approve execution of an Interlocal Agreement by and between the City of Sugar Land and Fort Bend County for Texas Transportation Institute intra-city transportation planning services, and authorizing a budget adjustment in the amount of $10,000.00.  The motion carried unanimously.

 

ANIMAL CONTROL FACILITY

 

Mayor Wallace introduced consideration on authorizing Change Order No. 1 in the deductive amount of $237,067.00 with Zekkours Construction Company, Incorporated, and authorizing Purchase of a pre-engineered modular building in the amount of $211,248.00 from Houndquarters, Incorporated for animal control facility.

 

Mr. Mike Hobbs, Director of Public Works, stated on September 4, 2007, City Council authorized execution of a contract with Zekkours Construction Company, Incorporated in the amount of $751,580 for the turnkey construction of a 4,300 square foot animal control facility.  Chapter 2155 of the Texas Government Code stipulates that all public works contracts in excess of $25,000 will include payment and performance bonds in the full amount of the contract value. On or about September 27, 2007, Zekkours Construction was notified by its insurance agency that the bond underwriter would not provide bonds in the full amount of the contract value of $751,580.  Subsequent discussions with the underwriter revealed that the denial for bonding was based solely on the contractor’s limited experience with bonded public works projects.

 

Zekkours Construction has successfully completed over ten projects under contract with the city, of which two required bonding, and the largest was $180,000.  The underwriter stated he would bond a project up to $600,000 in value until such time that the underwriter felt the firm deserved consideration for an increase in its bonding capacity.  In an effort of good faith and in order to keep the project on-schedule, Zekkours Construction ordered the pre-engineered modular building and made a $23,472 down-payment.

 

In order to keep the project on-schedule, staff is proposing the following:

 

·        Execute a deductive change order of $237,067 with the contractor per the following breakdown:

Building Cost                                $234,720

Contractor Markup (11%)            $  25,819

Less 10% Down-payment $  23,472

Net Change Order                        $237,067

 

·        Issue a purchase order to Houndquarters, Incorporated for the purchase of pre-engineered modular building in the amount of $211,248 per the following:  Building cost: $234,720; Less 10% Down-payment: $23,472; Net Building Cost: $211,248.

 

Legal and Purchasing agreed that the provisions of Chapters 252 and 271 of the Texas Local Government Code permit both the above-specified actions.  The net impact of this action to city is a savings of $25,819 and the ability to complete construction of the facility by the December 31, 2007contract completion date.

             

The main concern of Council related to warranty of the project.  The building has a one-year warranty with a 50-year warranty on the Hardiplank siding.  The contractor must provide a one-year workmanship warranty; in this case, the contractor will take ownership of the building for the one year, parts and labor.  City has a one-year parts warranty from the building manufacturer and a one-year labor warranty from the contractor, who agreed to merge the two as if it were a turnkey project.

 

Following a full and complete discussion, Council Member Olson, seconded by Council Member Abraham, made a motion to approve Change Order No. 1 in the deductive amount of $237,067.00 with Zekkours Construction Company, Incorporated, and authorizing Purchase of a pre-engineered modular building in the amount of $211,248.00 from Houndquarters, Incorporated for animal control facility.  The motion carried unanimously.

 

LETTER AGREEMENT – STREET LIGHTS ON UNIVERSITY BOULEVARD

 

Mayor Wallace introduced consideration on a Letter Agreement in the amount of $179,893.00 with CenterPoint Energy for street lights on University Boulevard. 

 

Mr. Michael Leech, Assistant Public Works Director, stated per contract with the City, Center Point is in the process of extending electric capacity to the Brazos River Park in a sufficient amount to allow Public Works to request a street lighting plan and an agreement letter to initiate installation of the street lights. 

 

The proposed lighting design includes University Boulevard from U.S. 59 south to the Commonwealth Boulevard  bridge. The proposal received from Center Point is for $179,893.00 and includes (19) double-arm Houstonian style luminaires and (34) single-arm Houstonian style luminaires.  The mounts, poles, luminaires, and layout of the street light system are consistent with the existing system along S.H. 6 and Eldridge and University Boulevard north of U.S. 59 installed by Telfair.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Parmer, made a motion to approve execution of a Letter Agreement in the amount of $179,893.00 with CenterPoint Energy for street lights on University Boulevard.  The motion carried unanimously.

 

SUGAR LAND REGIONAL AIRPORT – GROUND POWER UNIT

 

Mayor Wallace introduced consideration on ratification of emergency purchase in the amount of $30,095.00 from Mark C. Pope and Associates for Sugar Land Regional Airport ground power unit. 

 

Mr. Philip Savko, Director of Aviation, stated the airport purchased a replacement Ground Power Unit (GPU) from Mark C. Pope and Associates on Thursday, October 04, 2007.  Because the conservation of public resources was at risk, city policy for emergency purchases was followed. The policy allows for emergency purchases for amounts greater than $25,000 to be made without prior approval by Council as long as City Council is informed after the fact.

 

The purchase was necessary for the following reasons: The unit replaced was over 15 years old and out of service for repairs for a total of 2 ˝ to 3 months during FY 2006/07.  Since July 25, the unit was repaired 3 times at a cost of approximately $3,500 and out of service for 6 weeks. After being returned to service following the latest repair, the unit immediately bogged down while starting a jet and was taken out of service again because voltage regulation problems in a GPU can easily result in hundreds of thousands of dollars in damage to aircraft electronics systems.  In order to repair the GPU again, it would have to be sent to Georgia. Freight alone would cost approximately $1,800 and the unit would be out of service for at least 2 more weeks.  Ground Power Units are used to start the engines on small to mid-sized jets and to power air conditioning units.  Due to the volume of jet traffic and high temperatures inside aircraft, demand was very high and customers expressed dissatisfaction with having to wait.  Mark C. Pope and Associates was able to have a GPU, comparable to the one being replaced, delivered to the airport within two days. Other retailers were contacted, but the total cost was higher and the delivery time ranged from 4 to 6 weeks.

 

Council discussion ensued concerning the number of Ground Power Units that the airport owns, and Mr. Savko stated that the recent purchase is the second unit; and in the upcoming budget year, the airport has one that is scheduled to be replaced, which will give the airport a total of (3) Ground Power Units.

 

Following a full and complete discussion, Council Member Abraham, seconded by Council Member Olson, made a motion to approve ratification of emergency purchase in the amount of $30,095.00 from Mark C. Pope and Associates for Sugar Land Regional Airport ground power unit. The motion carried unanimously.

 

PUBLIC HEARING

 

STRATEGIC PARTNERSHIP AGREEMENT – FORT BEND MUNICIPAL UTILITY DISTRICT

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

 

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

 

Mr. Jim Callaway, Executive Director Community Development, stated the Agreement was reviewed at the first Public Hearing and Council workshop and placed on the city web site.  The utility districts must hold two hearings, and in the case of the New Territory districts, the process is ongoing.  City Council may adopt a Strategic Partnership Agreement (SPA) only after the districts have adopted the Agreement.  Staff met with the Board of District 112 to discuss outstanding issues with respect to provisions of Section 6 on Wastewater Treatment Plant expansion, the Board made their decision, and Staff is now finalizing and reconciling language to implement. This will be forwarded to Council prior to consideration of a formal SPA after the district adopts the same language. Target date for this and adopting our Groundwater Reduction Plan is November 6.

 

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

 

PUBLIC HEARING

 

STRATEGIC PARTNERSHIP AGREEMENT – FORT BEND MUNICIPAL UTILITY DISTRICT

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

 

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

 

Mr. Jim Callaway, Executive Director Community Development, stated that Staff has not met recently with the Districts to discuss any outstanding issues. The Districts must act prior to Council consideration; the districts, like Council, must hold two Public Hearings, and the process is ongoing at this time. The goal is to be in a position for Council to act on the Strategic Partnership Agreement with these districts the same time that Council approves the Groundwater Reduction Plan, which is scheduled for November 6, subject to action by the districts.

 

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

 

ORDINANCES AND RESOLUTIONS

 

RESOLUTION NO. 07-36 – SUGAR LAND REGIONAL AIRPORT T-HANGARS

CERTIFICATES OF OBLIGATION

 

Mayor Wallace introduced consideration on CITY OF SUGAR LAND RESOLUTION NO. 07-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR SUGAR LAND REGIONAL AIRPORT T-HANGARS. 

 

Ms. Jennifer Brown, Assistant Fiscal Services Director, stated with approval of this resolution, Staff will have authorization to publish Notice of Intent to issue Certificates of Obligation (CO). Public notice is required by State law when a city issues the Certificates of Obligation to finance capital improvements.  The project funded by these certificates involves the construction of 100 T-Hangars, to be located in the new General Aviation Complex on east side of the airport. The project was first included in the 2007 Capital Improvement Plan with a budget of $3,035,000 and the supplemental funding request was included in the 2008 CIP for an additional $1.29 million, for a total budget of $4,325,000 to construction.  Issuance costs are estimated at $100,000, with the total for Certificates of Obligation at $4,425,000.

 

Design of the T-Hangars is complete, bids due on November 1, 2007, with award of contract in November and construction commencing at year-end, which is contingent upon completion of the east General Aviation Complex in October. 

 

Staff is recommending the issuance of Certificates of Obligation for this project under the guidelines established by the Financial Management Policy Statements most recently adopted by City Council on August 21, 2007.  The policy statements provide that the city shall issue Certificates of Obligation for public improvements in certain circumstances, including when it is more economical to issue COs rather than issuing revenue bonds. The city has issued Certificates of Obligation for airport projects with an underlying pledge of airport revenues for the certificates. Although the Certificates are taxed back, they are repaid from the airport revenues and are treated as if the airport were issuing revenue bonds, including calculating bond coverage requirements which are reported in the Financials, and they are presented to the bond rating agencies as well.

 

City has not issued any debt this calendar year, which is a unique position; and because the issue is less than $10 million, City finds itself in a bank qualified situation. As a result, banks may deduct 80 percent of the carrying costs associated with these obligations, and this makes the obligations more marketable to banks, thereby giving the city a larger market for the Certificates.  This translates to lower interest costs for the city.

 

Legal requirements include the following:  (1) Council authorizes publication of Notice of Intent to issue Certificates of Obligation, (2) Notice is published once a week for two consecutive weeks, and (3) First notice published at least 31 days prior to sale date.  The Notice must contain the time and place set for the ordinance authorizing the sale, maximum amount and purpose, and the manner in which the Certificates will be paid.  For this particular issue, the Notice will contain the following information:  principal amount not to exceed $4,425,000; project to be funded is Sugar Land Regional Airport T-Hangars; the debt service funded from airport revenues; and the sale date will be December 4, 2007 at the 5:30 p.m. City Council meeting.

 

To summarize the time line for this process, on October 24 and 31 the Notice of Intent will be published in the City’s newspaper of record; November 20, the preliminary official statement to Council for consideration and approval; December 4, certificates will be bid in a competitive sale with Council approval of the bond ordinance; and anticipated delivery of funds around December 20-27. The transaction must be completed   by the end of the year to benefit from bank qualified designation.

 

Following a full and complete discussion, Council Member Schiff, seconded by Council Member Parmer, made a motion to approve CITY OF SUGAR LAND RESOLUTION NO. 07-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR SUGAR LAND REGIONAL AIRPORT T-HANGARS. The motion carried unanimously.

 

workshop

 

FORT BEND INDEPENDENT SCHOOL DISTRICT

BOND REFERENDUM NOVEMBER 2007

 

Mayor Wallace introduced discussion on Fort Bend Independent School District Bond Referendum November 2007. 

 

Dr. Timothy Jenney, Superintendent of Schools, Fort Bend Independent School District, stated that in a unanimous vote of support, the Fort Bend ISD Board of Trustees at its August 27 regular business meeting called for a $428,000,000 bond referendum for November 6, 2007.  A Bond Steering Committee, comprised of over 60 community members and staff, developed the total bond package this summer.

 

The bond planning objectives included considering District as a whole in establishing and ranking facility and maintenance priorities, ensure equity of facilities, address overcrowding,  reflect timeliness of project and life cycle issues, maintain educational program quality, and focus on safety and security.

 

Dr. Jenney gave a brief overview of Fort Bend ISD bond history. In 1991, $89,550,000 was raised that included eight new schools and two new facilities plus renovations; in 1995, $139 million for five new schools plus renovations; in 1999, $264 million for eight new schools and renovations; and in 2003, $300 million for six new schools and three existing campuses.  These amounts reflect the inflationary factor in construction costs.

 

This year FBISD is projected to serve approximately 69,000 students; enrollment is expected to climb to 75,000 over the next three years and 88,000 by 2015. Fifteen years ago, the District had 40 campuses, FBISD was the 29th largest school district in the state, and the enrollment was 41,981. Today there are 67 campuses, FBISD is the 7th largest school district in the state, and the projected enrollment for 2007-2008 is 69,247. There are more than 1,000 public school districts in Texas.

 

Over-crowded conditions exist at campuses in fast growth areas of the district. According to a comprehensive study conducted by an independent demographer, to keep up with growth the district will need 8 additional campuses by 2010 and 13 additional campuses by 2015.  In FBISD, 8,000 students attend most or all of their classes in portable buildings/classrooms, and there are 320 portable classrooms currently in use.

 

Bond Referendum 2007 Projects include the following:

(8) new campuses (total):                                              $252,700,000

 

·        Elementary School #43 – Sienna                   15,862,500

·        Elementary School #44                                 17,212,500

·        Elementary School #45                                 17,212,500

·        Middle School #14                                       44,212,500

·        Elementary School #46                                 18,472,500

·        High School #11                                           71,752,500

·        Middle School #15                                       47,362,500

·        Alternative Learning Center II                        13,891,500

·        Land Purchase/Fees for Future Schools           6,721,000

 

Renovations and Support Facilities                                $139,000,000

Renovations to existing campuses and new support facilities including a Natatorium Practice Pool, Head Start Community Center at Ridgemont Elementary and electrical and air conditioning upgrades as part of an Early Childhood Center at the original Missouri City Middle School gymnasium. The renovations to existing campuses include enclosing the interior classroom walls of 14 elementary campuses.

 

Technology                                                                   $  23,600,000

New equipment, upgrades, replacements.

Transportation                                                              $  11,200,000

Buses to address growth, replace aging vehicles.

Legislature enacted a law that will commence post

2010 requiring seatbelts in buses.

Safety and Security                                                       $    1,500,000

New equipment, upgrades to address campus security.

TOTAL                                                                        $428,000,000

 

The total Bond Package breakdown by spending category is as follows:  Eight new campuses and land purchases 59.04 percent; refurbish or modify existing facilities 32.48 percent; major technology improvements 5.51 percent; purchase new school buses 2.62 percent; and enhance campus security equipment .35 percent. 

 

Regarding the impact of FBISD bond sales on debt service tax rate, if the bond is approved, the tax rate would increase by no more than 11 cents over the next three years.  For the average home price of $180,000, the tax bill would increase by a maximum of $180 per year, or $15 per month with a homestead exemption.  The rate increase would be more than offset by a 46 cent reduction in the district’s Maintenance and Operations tax rate adopted by the district over the past two years.  FBISD debt service tax rate compares very favorably with other fast growing Texas school districts, and the Fort Bend ISD debt tax rate will remain the same for 2007, while most other fast growth districts will adopt an increase.

 

Homeowners who are 65 years of age or older, and who have been granted an “over 65 tax freeze,” will not experience an increase in their tax rate as a result of the bond.

 

2007 Bond Election Calendar

Early Voting (October 22 – November 2)

October 9        Last day to register to vote for the Tuesday, November 6, election

October 22      First day to vote early in person

November 2     Last day to vote early in person

November 6     Polls open (7:00 a.m. to 7:00 p.m.)

                        7:00 p.m. – Deadline for receiving early voting ballots by mail

 

Mayor Wallace proposed that in the next meeting, City Council come forward with a resolution of support on behalf of the City of Sugar Land for passage of the bond referendum.  Mayor Wallace expressed appreciation to Dr. Jenney for his leadership at FBISD, and to his staff members for their hard work and diligence in working on the process.

 

FORT BEND COUNTY LEVEE IMPROVEMENT DISTRICT NO. 2

BOND REFERENDUM NOVEMBER 2007

 

Mayor Wallace introduced discussion on Fort Bend County Levee Improvement District No. 2 Bond Referendum November 2007. 

 

Mr. Glen Gill, Director, Fort Bend County Levee Improvement District No. 2, stated that LID No. 2 is responsible for flood control for the original portion of First Colony.  LID 2 protects a major portion of First Colony and Sugar Land, with Ditch H on the west boundary; Lake Pointe property on the north boundary, including Oyster Creek; the East Levee, basically the power lines on the east boundary, and the South Levee at Avalon on the south boundary. There is $3.3 billion worth of property in the District.

 

The levee around LID 2 is designed to keep the Brazos River & Oyster Creek out of the neighborhoods during high river events. Rainfall within LID 2 flows into one of the City’s storm sewers.  The storm water then flows into the nearest Ditch.  This water then flows, by gravity, through the flap gates into Ditch H. If needed, huge pumps help move a larger volume of water.  Ditch H is the primary outflow channel for LID 2.

 

When LID 2 was originally designed 35 plus years ago at approximately 80 feet above sea level, the levee height was designed with the best information at the time. In January of this year, the Federal Emergency Management Agency (FEMA) released a study including a new model for the Brazos River flood plain that creates revised certification requirements for levees in Fort Bend County.  The new model will require LID 2 to raise the height of the levee by up to two feet to avoid re-mapping of First Colony into the flood plain. FEMA stated that every piece of property inside the levee will be decertified and fall into the flood plain if the District does not react to the study.  At that time, the District was told the deadline would be February 1, 2008.  FEMA has extended the deadline until April 1 to react, or every home and business in the District will be in the flood plain. The District needs to raise the height of the levees by two feet and wants to keep a four foot freeboard to prevent wave action into homes. 

 

The negative impact on residents of LID 2 if remapped into the flood plain because levee does not meet accreditation requirements of new FEMA model is significant for the following reasons:  flood insurance in LID 2 is currently optional; current flood insurance costs from $112 to $317 annually per household and insures up to $350,000 of home and contents; flood insurance would become mandatory if homes are designated as in the flood plain and flood insurance could cost up to $2,233 annually for every household;  mortgage companies would not finance homes in the flood plain without flood insurance and existing mortgages would also be required to insure; and values of property could drop if homes are in the flood plain.

 

To address the issue, LID 2 plans to participate in a regional perimeter levee with several other districts to reduce the overall cost to all LIDs of addressing FEMA requirements.  District’s attorney and engineers have contacted FEMA to request allowing the District to do the ring levee and take the outer perimeter of the six and keep that intact and maintained; do the outer levee, not the entire system.  This would save the District about one-fourth of the entire cost. District’s part of just the west levee is approximately $1.5 million.  All modifications to levee should be within the existing right-of-way; dirt will be moved all along the levee and residents who back up to the levee will see work right outside their fence line.

 

If required modifications are not completed prior to the April 1 deadline, the levee will not be accredited by FEMA. The first phase of levee improvements will begin construction in October 2007 and finish in February of 2008 to meet new FEMA standards before final remapping.  Estimated costs are as follows:

LID 2 levee protects approximately $3.3 billion in property valuation; LID 2 capital improvement projects, approximately $9 million – projects to meet FEMA standards, rehabilitation of pump stations, and levee repairs and modifications; engineering studies indicate that future projects for erosion control may be required; and the LID 2 board is proposing a $15 million bond authorization to fund current and future projects. An example of a LID 2 future project involves erosion; erosion can weaken the levee and potentially cause a failure in protection.  The levees are inspected and maintained on a regular basis.

 

Mr. Mike Stone, a consultant for the District, presented a financial overview of the bond issue.  The last LID 2 bond issue was authorized in 1975.  A bond issue allows the financing of infrastructure over an extended period of time and reduces the necessity for paying for infrastructure costs from current property taxes and allows a lower current tax rate.

 

It has taken more than 32 years and several levee expansions to use previously authorized bonds.  The method of funding and impact on the tax rate follows: (1) There are no current authorized LID 2 bonds; (2) Without a bond issue would require using a large portion of existing cash reserves for modifications; (3) Tax rates for levee maintenance have been reduced for last 15 years; and (4) If bond authorization is approved, current annual tax rate could be decreased by as much as 5 cents because modifications would be paid with bond revenues extended over several years.

 

Bond revenues can be used for modifications to meet FEMA requirements and can also be used for other purposes including:  (1) fund emergency repairs, (2) fund facility enhancements, and (3) fund pump station repairs and replacement of pump equipment.

 

Regarding the Bond Issue on the November 6 ballot, LID 2 voters will be asked to authorize the issuance of bonds.  If bonds are not authorized, both current and future improvements will have to be funded from annual tax revenues.

 

The LID 2 Board of Directors has proposed a bond authorization issue that will protect residents of LID 2 from flooding, allow residents to avoid expensive and mandatory flood insurance, and allow LID 2 to reduce annual taxes.  The LID 2 Board consists of Andre McDonald, Gil Saenz, and Glen Gill, who are appointed and have the responsibility of managing the assets and infrastructure associated with LID 2. 

 

Mayor Wallace expressed his gratitude to the Levee Districts for creating the efficient perimeter levee plan for the residents of Sugar Land and the entire area.

 

Council questioned the plan for internal levees since they do not go through a certification process. Mr. Stone commented that each district is its own government body, but currently there is no intent to remove any of the internal levees. However, should there be a breach in the exterior levee the District could still rely on the interior levees.

 

Mayor Wallace proposed that in the next meeting, City Council come forward with a resolution of support on behalf of the City of Sugar Land for the passage of this bond referendum.

 

Council Member Olson left the meeting at 7:20 o’clock P.M.

 

WATER MASTER PLAN UPDATE AND GROUNDWATER REDUCTION PLAN

 

Mayor Wallace introduced discussion on Water Master Plan update and Groundwater Reduction Plan. 

 

Ms. SuEllen Staggs, Director of Utilities, stated that the Water Master Plan includes the current water system requirements, new development water demands, the water Capital Improvement Program, and the Groundwater Reduction Plan.  The Water Master Plan serves as a guide for orderly and timely developmentof water production, treatment and distribution facilities for the City and extra-territorial jurisdiction (ETJ). The plan anticipates infrastructure needs to support new development, not rehabilitation.  The plan was last updated in 2000.

 

The 2007 Water Master Plan update includes the Capital Improvements Program schedule for five and ten years and the ultimate city/extra-territorial jurisdiction build-out. This will be the first comprehensive Water Master Plan that incorporates the entire extra-territorial jurisdiction in a regional approach, including the Groundwater Reduction Plan; and this is the first Master Plan completed through a 2030 timeframe. Ms. Staggs stated that Claunch & Miller, Incorporated had been retained to update the current plan. 

 

The Water Master Plan process included updating demand projections for connections and turning that into gallons per day. Claunch & Miller created a comprehensive hydraulic model which helped determine what infrastructure needs staff had, reviewed TCEQ requirements, and developed five year, ten year, and ultimate Capital Improvements Program.

 

Mr. David Kasper, Claunch & Miller, Incorporated, stated in developing the Master Plan, Claunch & Miller predicted how the city population would change through the year 2030 based on the number of people moving into the city, where the people will locate, and when this will occur, which will be converted into a water demand. The firm worked with Public Works and Planning Departments, who worked with developers and other water districts to produce the estimates. Water usage records were researched for Greatwood, New Territory, River Park, Terra Plantation, and other water suppliers in the ETJ for the past six years.  A city connection uses about 400 gallons of water per day when it is averaged throughout the year. Private water wells were included in the projections.  The data was incorporated into developing the city Water Master Plan and CIP.

 

Mr. Kasper stated water use demand is expected to increase in the city over the next thirty years. New development is expected to occur between now and the year 2013, and after 2013 most of the remaining development is expected to take place south of the Brazos River in some of the large undeveloped tracts.  Water demand will fluctuate and more water is used in the summer months, which is an important component in sizing pipes, pumps, and tankage.  Flow and pressure must be provided throughout the year regardless of the peak demand situation.

 

Claunch and Miller proceeded with development of the computerized hydraulic model. The city has a complex water system due to the multiple interconnected water plants, pumps, tanks, wells, and future water plants. State of the art water modeling software for the city was necessary to properly analyze the system. The city purchased the computerized water system modeling software and temporarily transferred the license to Claunch & Miller to develop the model; the license will be transferred back to City.  The goal is for city staff to operate and update the model.  

 

The water system modeling efforts include developing an existing and future system model. Regarding the

existing model, Claunch & Miller started with the GIS system, partial maps, and ran under peak demand plus fire flow to determine shortfalls.  The city system as it stands today is able to provide adequate pressure and fire flow to over 99 percent of the city, which indicates a well-planned water system. The future system model was started by inputting the future water demands. The firm tested the need for improvements in the model. The Capital Improvements projects were tested in the model to optimize the improvements and avoid future building issues. Every project in the CIP, both water and surface water, was included in the model and tested.

 

The city presently meets or exceeds the State of Texas regulations for water system capacity. In the short-term City will need to add an elevated water storage tank to remain in compliance. The tank will be installed on Tract Five, which is west of Ditch H. In the long-term, Claunch & Miller will work toward obtaining a special waiver from the State of Texas and having it in place prior to the year 2018 that will allow the city to avoid constructing anymore elevated water storage tanks; State has specific regulations on what is required to obtain the waiver.  The city does need to improve emergency power and generators at each water plant, improve the booster pump capacity, and implement a very stringent maintenance schedule on the generators.

 

Ms. Staggs stated that in addressing infrastructure needs, the water system plan follows a regional approach. Utility agreements will set the guidelines.  Any new developments install most of the needed distribution system.  Line sizing for the trunk system is determined by the Water Master Plan.  The City installs new production and treatment capacity.  The 5 year Capital Improvement Plan includes eight major projects being funded at $12,300,000.  The 10 year Capital Improvement Plan includes an increase in booster pump capacity and the Greatwood/Riverpark Interconnect at a cost of $2,200,000.  In the ultimate CIP, the Phase II and Phase III booster pump increase will cost $350,000.

 

Ms. Staggs stated that the Developer funded 5 year Capital Improvement Plan includes five major projects at $6,800,000 which are Riverstone West Distribution Main, Riverstone East Distribution Main, West Belfort tie-in, University Distribution Phase II, and Tract Three Distribution Main.  The Developer funded ultimate Capital Improvement Plan includes New Territory Out-Tract Water Main, Water Loop Northeast Boundary and Brazos South - Regional Utilities at $20,100,000.

 

The Groundwater Reduction Plan is a component of the Water Master Plan, and the draft plan is included in the Water Master Plan. Staff will insert additional details and copies of water supply contracts, Ground Reduction Plan contracts, and the Water Conservation Plan prior to submittal.

 

The Fort Bend Subsidence District regulations require 30% non-groundwater sources by 2013 and 60% non-groundwater sources by 2025.  The Groundwater Reduction Plan is due in January 2008 and is the planning roadmap through 2030. The roadmap for meeting the requirement includes surface water conversion, conservation, water reuse, and non-potable surface water use.  Council policy was adopted in 2002 which stated the city was planning for the extra-territorial jurisdiction (ETJ). City and ETJ are working together to complete and submit the Ground Reduction Plan, and the plan includes 3 ETJ MUDs, 2 private utility systems, 4 businesses, 8 homeowner associations, with a total of 63 private wells.

 

Staff anticipates the majority of the city growth and water needs will occur before 2013.  The current water demands of 22 million are expected to jump to 29 million in 2013. In a conversion factor, by 2013, 8.9 million gallons of what we need in total demand should not be groundwater.  In 2025, it is anticipated there will still be some groundwater to be used. City cannot find alternative sources to meet the 8.9 MGD (million gallons per day).  Regarding what the surface water plant size needs are, the conservative approach to non-potable projects would be 2 MGD of non-potable projects and education kits. If additional projects are implemented in the future, city could sell the credits, postpone expansion, or save credits for a rainy day.

Basically if this 2 MGD in non-potable projects occurs, city will have approximately 4 billion gallons of credits banked by the time of the conversion in 2013.

 

If city has a 10 percent overage in the size of our surface water plant, city could meet the long term demands by overproducing in the summer months and slightly under-producing in the winter. In 2024 city would need a 9 MGD plant and an ultimate capacity at 21 MGD. Since we do not have a good timeframe on when the Brazos South area would develop, the projections for growth are not included in the water plant itself. There is additional capacity that would be needed for the water plant somewhere in the future at 2025-2030.Staff is recommending that a 9 MGD surface water plant would be operational in 2013 and expanded to 22 MGD by 2025. This takes up the slack for the Brazos South area. Potential treatment types are conventional, mf/uf membrane filtration, and reverse osmosis. Ms. Staggs stated that citizens have high expectations regarding water quality, therefore there will be taste tests and focus groups to determine water quality standard.  The city will begin testing and a pilot study next year to determine treatment type for TCEQ permitting requirements.

 

Our source water, which is the Brazos River, has a high spike in chloride levels when heavy discharges are released from the reservoirs upstream. In the regulatory requirements, the chloride content must be below 250 milligrams/L. Staff is assuming that in the information provided to the Subsidence District, the city would meet a 200 mg/L requirement.  There are risks for water taste issues if high chloride events are not managed. The amount of surface water could be reduced, increase groundwater blending, and install