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Home My WebLink AboutItem 15 - Municipal Setting Designation ResolutionMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: APRIL 6, 2021 SUBJECT: AMENDED RESOLUTION OF SUPPORT — MUNICIPAL SETTING DESIGNATION FOR LOT 8A1, REPLAT OF THE FIRST SECTION OF GRAPEVINE INDUSTRIAL PARK RECOMMENDATION: City Council consider a resolution amending Resolution No. 2020-003 supporting Grapevine Business Park, LLC application to the TCEQ for a Municipal Setting Designation for Lot 8A1, Replat of the first section of Grapevine Industrial Park located at 500 Industrial Boulevard. FUNDING SOURCE: BACKGROUND: The resolution of support to the TCEQ is the last step in the City's processing of the application. The original application was approved by the City Council on February 4, 2021. Upon further processing, the TCEQ has requested a revision to expand the groundwater depths listed in the original application. Staff recommends approval. RESOLUTION NO. 2021-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, SUPPORTING THE APPLICATION OF GRAPEVINE BUSINESS PARK, LLC TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION 500 INDUSTRIAL BOULEVARD, GRAPEVINE, TARRANT COUNTY, TEXAS AND PROVIDING AN EFFECTIVE DATE WHEREAS, Grapevine Business Park, LLC (Applicant) has filed an application with the City of Grapevine, Texas, for the City's support of a Municipal Setting Designation for the property located at 500 Industrial Boulevard., Grapevine, Tarrant County, Texas, the metes and bounds description being attached hereto in Exhibit "A"; and WHEREAS, a public meeting on the application for support was held in Grapevine on February 3, 2020, and a public hearing was held in Grapevine on February 4, 2020, and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS, on February 4, 2020 City Council approved Ordinance No. 2020-010 amending the City Code to establish Lot 8A1, Replat of the First Section of Grapevine Industrial Park as a Municipal Setting Designation Site; and WHEREAS, on February 4, 2020 City Council approved Resolution No. 2020-003 supporting the application of the Application to the Texas Commission on Environmental Quality (TCEQ); and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requested amending Ordinance No. 2020-010 as it relates to the designated groundwater zone; and WHEREAS, an approved public drinking water supply system exists that supplies or is capable of supplying drinking water to the Site and to locations within one-half mile of the Site; and WHEREAS, Applicant has filed documentation with the City stating that contaminants identified within the designated groundwater, associated with the Site, have been detected in concentrations exceeding residential assessment levels for potable use include trichlorethylene (TCE), tetrachloroethene (PCE, or PERC), 1,1,-Dichloroethene (1,1 DCE); and WHEREAS, Applicant has further filed documentation with the City stating that the designated groundwater sought to be restricted is associated with a shallow perched groundwater bearing unit (GWBU) located at depths ranging from 0 to 200 feet below ground surface (bgs); and WHEREAS, the City of Grapevine, by ordinance, has prohibited the use of designated groundwater beneath the Site for potable purposes as well as for irrigation; and WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to file an application with the Texas Commission on Environmental Quality for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; and WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City of Grapevine supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. Section 3. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April, 2021. APPROVED: William D. Tate Mayor Resolution No.2021-003 2 ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Resolution No.2021-003 Im LOT 1R,A, FIRST SECTION OF GRAPEMNE INDUSTRIAL PARK LOT 3, FIRST SECTION OF p GRAPEVINE INDUSTRIAL PARK II LOT 4R1, FIRST MORON LOT AR, FIRST SECTON .oIb GRAPEMNE INDUSTRIAL PARK ,GRAPEVINE INWSIPoAL PARK a LOT S. 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