Item 4E MemoCITY OF
SOUTHLAKE
MEMORANDUM
(August 18, 2020)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4E
Subject: Approve a resolution supporting the application of Grapevine
Business Park, LLC to the Texas Commission on
Environmental Quality (TCEQ) for a Municipal Setting
Designation (MSD) along the border between the City of
Southlake and the City of Grapevine.
Action
Requested: Approve a resolution supporting the application of Grapevine
Business Park, LLC to the Texas Commission on Environmental
Quality (TCEQ) for a Municipal Setting Designation (MSD) along
the border between the City of Southlake and the City of
Grapevine.
Background
Information: Grapevine Business Park, LLC seeks to develop property located
at 500 Industrial Boulevard, Grapevine, TX. This property was the
home of several automotive component manufacturing businesses
from 1984 to 2018. It is believed that this work was the source of
volatile organic compounds that leached into the ground and
contaminated the groundwater to levels beyond permissive
exposure limits. Rather than face the expense of environmental
remediation and cleanup, Grapevine Business Park, LLC, seeks
relief via the Municipal Setting Designation (MSD) law through the
MSD application process.
MSD law provides a less expensive and faster alternative to the
existing state environmental regulations governing the investigation
and cleanup of contaminated groundwater. The statute substitutes
a municipal ordinance or restrictive covenant in lieu of TCEQ
regulations to protect the public against exposure to the
contaminated groundwater. The local government in which the
property resides is required to endorse the application via a
resolution. This action prohibits the use of designated groundwater
for potable or irrigation purposes. The MSD law also requires local
municipalities within one half mile of a MSD to pass a resolution
supporting a MSD application.
Page 1 of 2
Item 4E
The Designation for this property was achieved through the City of
Grapevine's approval of an ordinance and resolution in February
2020. This action prevents the use of groundwater for potable
drinking water or for irrigation purposes for the property designated
as an MSD, which is 500 Industrial Boulevard, Grapevine, TX. The
applicant's request to Southlake is part of the MSD process since
Southlake is within one half mile of the property. The MSD law
requires municipalities located within this distance to pass a
resolution in support of the application. This assures the TCEQ that
there is support for the MSD request by adjoining municipalities.
The decision to support this application will not adversely impact
Southlake, its residents or use of well water for potable water or
irrigation purposes. The resolution, if Council chooses to support
the applicant, is a requirement of the MSD process.
Financial
Considerations: None.
Strategic Link: This item links to the City's Strategy Map strategic focus area of
Quality Development. It specifically relates to the City's Corporate
Objective, C4: Attract & Keep Top -Tier Businesses To Drive A
Dynamic & Sustainable Economic Environment.
Citizen Input/
Board Review: N/A
Legal Review: The City Attorney's Office has reviewed the resolution.
Alternatives: The City Council may approve or deny the resolution.
Staff
Recommendation: Approve a resolution supporting the application of Grapevine
Business Park, LLC to the Texas Commission on Environmental
Quality (TCEQ) for a Municipal Setting Designation (MSD) along
the border between the City of Southlake and the City of
Grapevine.
Supporting
Documents: Attachment A: Resolution
Attachment B: City of Grapevine endorsement of the applicant's
request.
Staff Contact: Rob Cohen, Director of Public Works
Page 2 of 2
Attachment A
RESOLUTION NO. 20-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS SUPPORTING THE APPLICATION OF
GRAPEVINE BUSINESS PARK, LLC TO THE TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING
DESIGNATION AT THE SOUTHEAST BOARD BETWEEN THE
CITY OF SOUTHLAKE, TEXAS AND THE CITY OF GRAPEVINE,
TEXAS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 361, Subchapter W, of the Texas Health and Safety
Code, the Texas Solid Waste Disposal Act authorizes the Texas Commission on
Environmental Quality (TCEQ) to certify Municipal Setting Designations for
properties upon receipt and approval of a properly submitted application to
TCEQ; and
WHEREAS, as a part of the application to TCEQ for Municipal Setting
Designation for a site, the applicant is required to provide documentation that the
application is supported by: (1) the city council of the municipality in which the site
is located, (2) the city council of each municipality with a boundary located not
more than one-half mile from the site, (3) the city council of each municipality that
owns or operates a groundwater supply well located not more than five miles from
the site, and (4) the governing body of each municipal or retail public utility, as
defined by Section 13.002 Texas Water Code, that owns or operates a
groundwater supply well located not more than five miles from the site; and
WHEREAS, pursuant to Texas Health and Safety Code, Chapter 361,
Subchapter W, the property owner will file an application with the TCEQ for the
issuance of a Municipal Setting Designation for the property located at the
southeast border between the City of Southlake, Texas and the City of Grapevine,
TX with the facility located at 500 Industrial Boulevard, Grapevine, Texas, shown
on the attached Exhibit "A" (the "MSD Site"); and
WHEREAS, the MSD Site is within a one-half mile radius of the City limits
of Southlake, Texas; and
WHEREAS, the City Council of the City of Grapevine approved the MSD
Site by ordinance approved on February 4, 2020, attached hereto as Exhibit "A",
and authorization has been requested by the property owner for each additional
municipality and retail public utility for which approval is required; and
WHEREAS, the City Council of the City of Southlake finds it in the best
interest of the City to support the application for the Municipal Setting Designation
for the MSD site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE:
Section I. The City of Southlake supports the application of Grapevine Business
Park, LLC, to TCEQ for certification of a Municipal Setting Designation for the
MSD Site as shown on the attached Exhibit "B".
Section II. This Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED AND APPROVED the day of
Laura Hill, MAYOR
Amy Shelley, CITY SECRETARY
/_1»t01 M01:1,T to
Allen Taylor, CITY ATTORNEY
004
AL
FBI
C1
r
�
�
asp
1
1
dh
1
1
�
�
1
1
�1
Attachment B
February 24, 2020
M r. Rob Cohen
Director of Public Works
City of Southlake, Texas
1400 Main Street, Suite 320
Southlake, Texas 76092
(817) 748-8098
Dear Mr. Cohen
I am writing to request your City's assistance and support with meeting the Texas Commission on
Environmental Quality's (TCEQ) requirements for Municipal Setting Designations (MSD). The
certification of an MSD for the site (500 Industrial Blvd.) s in the best interest of the community; and,
we request City of Southlake support this MSD application to the TCEQ by passing ordinance and
resolution supporting this application.
State law requires that an application for a MSD be supported by a resolution and ordinance adopted by
the governing body of each municipality located within a half mile of the designated property for which
the MSD s sought. City of Grapevine recently passed MSD Ordinance No. 2020-010 and Resolution No.
2020- 003 for this affected property supporting this MSD application. We have attached these
documents to this letter for your reference. The MSD only applies to the designated property at 500
Industrial Boulevard and does not apply to any offsite properties. The plume from this affected property
' moving easterly, away from the Southlake boundary, and has been defined by the applicant.
Background Information:
An MSD s an official state designation given to property within a municipality or its extraterritorial
jurisdiction that certifies that designated groundwater at the property ' not used as potable water, and
' prohibited from future use as potable water because that groundwater ' contaminated in excess of
the applicable potable -water protective concentration level. The purpose of an MSD s to provide a less
expensive and faster alternative for addressing groundwater contamination. The program utilizes Texas
state law that s intended to promote the investigation, cleanup, and redevelopment of environmentally
impaired properties.
The state law, which can be found at Texas Health & Safety Code, Chapter 361, Subchapter W,
authorizes the Texas Commission on Environmental Quality (TCEQ) to certify MSDs in order to restrict
the groundwater underlying the designated property for potable purposes by ordinance or restrictive
covenant. More information about MSDs ' available on the TCEQs web site at
https://www.tceq.texas.gov/remediation/msd.htm1.
To be eligible for an MSD the designated property must meet the following criteria: (a) the property lies
within a corporate limits or extraterritorial jurisdiction of a municipality authorized by statue, (b) a
PUBLIC WORKS DEPARTMENT
THE CI'IY OF GRAPEVINE P.O. Box 95104 • GGapevine, Texas 76099 . Phone Metro 817/410-3135 • Fax 817/410-3003
public drinking water system is available that supplies potable water to the designated property and
properties within 0.5 mile of the designated property. Properties located within an MSD may be subject
to different environmental investigation and cleanup standards due to the reduced risk of human
exposure to contaminated drinking water from groundwater supply wells. MSDs must be approved at
both the municipal and state level.
The City of Grapevine has adopted a procedural ordinance to process applications for MSDs on
properties located within the city limits. Grapevine, like most urban areas in North Texas, has property
impacted by historical gasoline service stations, auto repair facilities, dry cleaners, and other commercial
and industrial activities. Contamination from such sources tends to be localized in shallow groundwater
zones and does not present a risk to the City's drinking water supply system. As a matter of public
policy, Grapevine wishes to see these properties investigated, cleaned up to levels considered protective
of human health and the environment by the TCEQ, and redeveloped.
We have processed MSD applications within the City of Grapevine over the past few years. It is our
informed belief and expectation that there are not now, and will never be in the future, contaminated
sites within the City of Grapevine representing a risk to your public water supply system. Such,
conditions, where they do exist, would warrant immediate action to mitigate an imminent threat to
human health and would never be considered candidates for an MSD by the City.
Please contact me so that we can set up a meeting to discuss the MSD process and your role in that
process. I can be reached at (817) 410-3130. 1 look forward to hearing from you.
Sincerely,
1"
Bryan ck
Director of Public Works
DS
ORDINANCE NO.2020-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING CHAPTER 25 UTILITIES
AND SERVICES OF THE CITY OF GRAPEVINE CODE OF
ORDINANCES, AS AMENDED, BY THE ADDITION OF
SECTION 25-211(E); ESTABLISHING LOT 8A1, REPLAT OF
THE FIRST SECTION OF GRAPEVINE INDUSTRIAL PARK
OF THE CITY OF GRAPEVINE, TARRANT COUNTY,
TEXAS AS A MUNICIPAL SETTING DESIGNATION SITE;
PROVIDING FOR THE PROHIBITION OF THE USE OF
GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES FOR THE SITE; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine adopted Ordinance
No. 2005-79 on October 11, 2005 establishing processes, procedures and restrictions
associated with a Municipal Setting Designation authorized under Chapter 361,
Subchapter W of the Texas Health and Safety Code; and
WHEREAS, Grapevine Business Park, LLC (Applicant) has filed an application
with the City of Grapevine for the City's approval of a Municipal Setting Designation (MSD)
for Lot 8A1, Replat of the first section of Grapevine Industrial Park, a 10.882 acre site
located at 500 Industrial Boulevard, Grapevine, Texas, more fully described in Exhibit 'W',
attached hereto and incorporated herein in its entirety; and
WHEREAS, upon passage of a supporting resolution by the City Council, Applicant
intends to file a separate application with the Executive Director of the Texas Commission
on Environmental Quality (TCEQ) for certification of an MSD 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 City Council of the City of Grapevine is of the opinion that it is in
the best interest of the public and the City to support Applicant's application to the Texas
Commission on Environmental Quality for a Municipal Setting Designation for the Site;
and
1
WHEREAS, in order for the TCEQ to certify the Site, the City must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying drinking water to the Site, and property within one-half mile of the
Site; and
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health and welfare
when the quality of the groundwater presents an actual or potential threat to human
health; 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, City Council has found that the passage of this Ordinance serves 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 of the above premises are found to be true and correct and
are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Chapter 25 Utilities and Services, Section 25-211 of the City of
Grapevine Code of Ordinances, as amended, is hereby amended by the addition of the
following:
• a(e) Lot 8A1, Replat of the first section of Grapevine Industrial Park"
Section 3. That the designated groundwater beneath Lot 8A1, Replat of the first
section of Grapevine Industrial Park, City of Grapevine, Tarrant County, Texas is the
shallow water table of the designated property. This shallow groundwater is in soils which
lie over the Eagle Ford Shale Formation which underlies the site. The designated
groundwater zone is associated with a shallow perched groundwater bearing unit
(GWBU) located at depths ranging from 28 to 32 feet below ground surface (bgs).
Section 4. That the following contaminants associated with the Site have been
detected within the designated groundwater at concentrations exceeding residential
assessment levels for potable use:
Ordinance No. 2020-010 2
• tetrachloroethene (PCE) or (PERC)
• trichloroethylene (TCE)
1,1,-Dichloroethene (1,1 DCE)
Section 5. That one semivolatile organic compound (SVOC) and three metals
were detected in three groundwater samples above the ingestion PCLs during the initial
groundwater sampling event; however, subsequent sampling to confirm the exceedances
did not return concentrations of either SVOCs or these metals above the ingestion PCLs.
• bis(2-ethylhexyl) phthalate
• Arsenic
• Chromium
• Lead
Section 6. That the use of the designated groundwater associated with Lot 8A1,
Replat of the first section of Grapevine Industrial Park in the City of Grapevine, Tarrant
County, Texas for potable and irrigation purposes is hereby prohibited. This prohibition
is necessary because the contaminant concentrations exceed potable water standards.
Section 7. That the City will provide advance written notice to the Texas
Commission on Environmental Quality, as much as is practicable, prior to enacting an
ordinance repealing or amending this section.
Section 8. That this ordinance shall be cumulative of all provisions of ordinances
and of the Code of the City of Grapevine, Texas, as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such Code,
in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
Section 9. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and,
if any phrase, clause, sentence, paragnaph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
Section 10. That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate offense.
Section 11. That all rights and remedies of the City of Grapevine, Texas, are
expressly saved as to any and all violations of the provisions of the ordinances amended- in
Section 1, which have accrued at the time of the effective date of this ordinance and, as to
Ordinance No. 2020-010 3
O
a
L+z
F�- -
R
- �..— �- — —°�-- -- -L--- d--�-- POW OF
------
MVWY AL BOULEVARD
sear. a.ur---------------------�--- ---
--r--
'1 --=•�- ---- ---- ---' '--- •--- ---- --- ----
ll! I I
SII I L
�An
III I
II i I W-m
II 1
1
g II 1 m��x
I. omm;�m
s
I I I
u
ILi ns. aw-otnn rn" -°aJIM_-
__.
' C�7>�:�':�•.:rr��- w:-
o
rTzw
.��-sy.�=�..��'.• .fz���7--Csrx
:t:> :5�...��..
_F6,-F
• �i=s��.r�,�:x ;�.r9
�'�L'-'S >r7�rtME
T6TA y�
R33Saf�:�SIS[ � 59
Aft9•{y+.��.2?�7
•
��`i�s,:a
rater ......�.._...,_....._,....
:c
W
--I
1
Ll
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
Section 12. That this ordinance shall be in full force and effect after its passage and
publication as required by law, and it is so ordained.
Section 13. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto to any person or circumstances is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance; and the City Council hereby
declares it would have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 14. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals,
peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance become effective form
and after the date of its passage and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 4th day of February, 2020.
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO
'Ta(L
City Attorney
APPROVED:
William .Tate
Mayor
Ordinance No. 2020-010
El
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'W'; 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 �DTatei
Mayor
ATTEST:
� ORAPF`�
Tara Brooks
City Secretary '� `. •'
Resolution Nb. 2020-003 2
1
1
APPROVED AS TO FORM:
I a 2
City Attorney
Resolution No. 2020-003
m
OYtlK Wuv4 qw L wm v �uT 1MfRYr awiw[ Iv 611ielfeYs R'Y'I�fIf �4
I _�-noL �+oRw tl °`�` ••0�`�•• I�F'�`�•""�••`• .+ �: ®nRw. Ie Maus® ll
I'-" hdmfwnRw MI-+waR�l � h4awnRw - nsa�nFc
� o. •.>,nu i or-er.o,e "�:"� - �:a,'",L''>5
��-- ---- — --- L- - - N--�--
`�i'.Ra �- rasraF
�,-
�.:. nlwtrsrxriu so�varrn
II
•F.
y I�
3,1
J II I
d9g3 I
�ipl� I
L I
I
ap
I I 4y
memereme ian
I pp�,,g,,
I i
I
I I
II --5= -- __ _ ___ .tr-7 - -- ---- _ -
ir..
��i05Cw'Y•ww:S�:.°"...7�L.r.�rTrlQb
��=i�%:%.r�iGT. 7Ti^"L'i{w r�rr
C.: �.•rL��.�.35��
p�,•�Z 4.'6',�•,r��• �rJ27r�iTi
• +�:CLByS� ""•"•'�'dG.r�Y
"'LtYC
7iS4T.�7�pC:�7CS...t-.�:��
• `+`37-:;r�yC�:"JGr� 1C�i"SS�� 1^
� iS��✓�i'C�J.�.rL'�'Sr"" "p��'
T'.'S?LC.'1,�
.lT'L LC..��
.All
.�,.C.�... �S� =ZCa L:�C•
��9CL4L'Q7>•JKCr�.C�
.....1
Fl
' !..a�R4+..r ..� r.r�.�
w""Xi.i:�.:.� �75�^ ••�
'�^h.Z:.'�"dGT..l=�:4�J�� :.'S.�7
OWAP@
SL��lL5r.3L�•7JJ�'.L�3�"e:3:.
��.ti'�Y ?S;tE::S.>T.....r.r r..
�
m. I
8