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HomeMy WebLinkAboutItem 07 - Supporting Municipal Setting Designation - SouthlakeMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: FEBRUARY 4, 2020 SUBJECT: APPROVAL OF RESOLUTION OF SUPPORT MUNICIPAL SETTING DESIGNATION FOR THE FOLLOWING LOT IN GRAPEVINE, TEXAS. LOT 8A1, REPLAT OF THE FIRST SECTION OF GRAPEVINE INDUSTRIAL PARK RECOMMENDATION: City Council consider adopting a resolution supporting Grapevine Business Park, LLC application to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation for Lot 8A1, Replat of the First Section of Grapevine Industrial Park in the City of Grapevine, and take any necessary action. FUNDING SOURCE: BACKGROUND: The resolution of support to the TCEQ is the last step in the City's processing of the application. City Staff and the City Council facilitated a public meeting on February 3, 2020 and conducted a public hearing on February 4, 2020 addressing this application. City Council adopted an ordinance on February 4, 2020 establishing restrictions on the use of groundwater at the site. Upon adoption of the resolution, Grapevine Business Park, LLC will submit an application to TCEQ for the MSD on this site. It should be noted that state law requires that the Clty of Southlake also approve the application given the site's proximity to Southlake boundary. Staff expects the City of Soutlkae to take up the application pending Grapevine's action. Staff recommends approval. RESOLUTION NO. 2020-003 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 FOR 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, 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 28 to 32 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 legal prerequisites for the adoption of this resolution have been met, including but not limited to the Local Government Code and the Open Meetings Act; and WHEREAS, the City Council hereby declares that the approval of this resolution is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution 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 4th day of February, 2020. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary Resolution No. 2020-003 2 APPROVED AS TO FORM: City Attorney Resolution No. 2020-003 EXHIBIT "A" F=Qfa€ v�CON u a Il lit a ®0 «35m. e• ®JWw=z d . 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