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1996-07-02CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING JULY 2, 1996 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern Pamela Muller. Members: Scott Martin, David Harris, Gary Fawks and Wayne Moffat. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Run Harper, City Engineer; Greg Last, Director of Community Development; Klm McAdams Lenior, Director of Parks and Recreation; Billy Campbell, Director of Public Safety; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tern W. Ralph Evans. WORK SESSION: The work session was held where agenda items for tonight's meeting were discussed by Council and staff. The Regular City Council meeting was called to order by Mayor Rick Stacy at 7:05 p.m. Agenda Item//2. Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071,551.072, 551.074 and 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations and to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned for executive session at 7:06 p.m. Council returned to open session at 7:55 p.m. Agenda Item #2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3 Auoroval of the Minutes of the June 18. 1996 City Council meetine. The minutes of the regular City Council meeting held on June 18, 1996 were approved as presented. Regular City Council Meeting Minutes July 2, 1996 page two Agenda Item #~. Continued Motion: Muller Second: Fawks Ayes: Muller, Fawks, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote AeenOa Item #4-A. Mayor's Renort Mayor Stacy commented that he and the new Council have been in place for one month and he is happy to be here! The Mayor announced that agenda item #10-C will be moved to the consent agenda. He referenced the Mid Year Retreat recently attended by the Council and City staff. Three parades are scheduled in Southlake for Independence Day, to be held in Stone Lakes, Timber Lakes and Timarron. Councilmembers wishing to participate need to contact the Mayor. Mayor Stacy informed the audience that in an effort to make the meetings shorter and for the convenience of the public, the times of council meetings will change to be effective at the July 16 meeting. The work session will be held from 5:00 p.m. to 6:00 p.m. with the regular meeting being called to order at 6:00 p.m. Council will adjourn for executive session from 6:00 p.m. to 7:00 p.m. with the agenda items being considered at 7:00 p.m. He encouraged everyone to inform their friends and neighbors of this change. Aeenda Item #4-B. City Manager's Renort The City Manager, Curtis Hawk, reported on the activities of TxDot with regards to the SH 114 Improvements Project. He stated he spoke with Senator Nelson's office and she said that she has spoken with some people on the TxDot staff and there is no further information to report other than they are giving serious consideration to the proposal that Southlake made and they are having a hard time not doing something. Senator Nelson stated she expects to know something prior to their August meeting, therefore, we should hear something in about three weeks. The City Manager informed the audience that the Municipal Complex Planning Committee will be meeting next Monday at 7:00 p.m. in the Community Building and on Tuesday, July 8 at 7:00 p.m. there will be a meeting of the Joint Utilization Committee, to be held in the CISD Administration Building. Regular City Council Meeting Minutes July 2, 1996 page three Aeenda Item #4-C. SPIN Revort The SPIN Report was made by Laura Miklosko who is SPIN Representative for Neighborhood ~9. Ms. Miklosko stated this is the second time she has made a report before the City Council, adding SPIN//9 includes the Dominion and Timarron and includes several neighbors along Continental Blvd. and Bmmlow Avenue. A copy of the report is hereby attached to the minutes of this meeting. Ms. Miklosko also presented a report to Mayor Stacy and Councilmember with regards to her findings during a inquiry into the operation and safety of Metro Pool Chemical Company located on East Continenal Blvd. A copy of the report will be included with the minutes of the July 2, 1996 City Council meeting. Mayor Stacy stated, in the spirit of SPIN, a meeting was held last Saturday with regards to the Bob Jones Park, whereby numerous SPIN representatives were present. He announced another meeting will be held on July 1 at the home of Klm Clancy, Love Henry Court. The Mayor stated he and Councilmember will be happy to meet anytime with citizens on subjects important to the city. Agenda Item #5. Consent Aeenda The Consent agenda consists of the following items: 5-A. Resolution No. 96-45, authorizing the submittal of a Texas Department of Health Grant Application. 10-C. Variance to Sign Ordinance No. 506-A, Readerboard Sign for Lonesome Dove Baptist Church. Motion was made to approve the consent agenda including items 5-A and 10-C. Motion: Harris Second: Muller Ayes: Harris, Muller, Evans, Fawks, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS The Texas Department of Health (TDH) issued a grant proposal notification to all Texas Health provider organizations. The process consists of a step program: an initial application followed by a program proposal. The program consists of two projects. The first program provides for the acquisition of ten (10) adult CPR mannequins and ten (10) pediatric mannequins for use in education of 300+ persons in basic first aid and CPR. The second program involves the acquisition of an Automatic Electronic Defibrillating Regular City Council Meeting Minutes July 2, 1996 page four Agenda Item//5. Continued (AED) unit to be placed in the public safety officers patrol vehicle. Because these devises can be utilized by EMT trained personnel, such as the PSO, heart attach victims receive life-saving treatment more rapidly. The only cost to the city is a 50% match for funding of the $4,500 AED unit. The TDH grant provides full funding of the $1,970 for the mannequins and $2,250 towards the purchase of the AED. 10-C. The Lonesome Dove Baptist Church has applied for a permit to construct a monument sign with two lines of changeable copy. The current sign ordinance requires that the City Council issue a conditional sign permit for all readerboard type signs. A recent survey of thirteen (13) chumhes within the City verifies that four (4) churches currently have readerboard signs. Agenda Item//6. Public Forum Wendi Charles, 3200 Jordan, Southlake. Ms. Charles came before Council presenting a petition from property owners in Cimmarron Acres requesting the City move the location of the proposed 5 million gallon water tanks to the far east side of Block 3, Cimmarron Acres Addition. A copy of the information provided by Ms. Charles is hereby attached to the minutes of this City Council meeting. Agenda Item #7-A. Ordinance No. 480-200. 2nd readin2 (ZA 96-62). Ordinance No. 480-200, 2nd reading (ZA 96-62), Rezoning for approximately 1.379 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 4C. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family Residential District. Owner/Applicant: Katherine Bartholomew. SPIN Neighborhood #5. Greg Last, Director of Community Development, presented this case for consideration on second reading stating that six (6) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from Dorothy Rockenbaugh, 1901 N. Carroll Avenue, in favor; and Wade Booker, 1100 Primrose Lane, Southlake, also in favor. Mr. Last noted the "SF-1A' Single Family Residential District does not require a concept plan, therefore, there is no staff review letter. Ms. Bartholomew was present for the meeting to answer questions of Council. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-200, 2nd reading. Motion: Muller Regular City Council Meeting Minutes July 2, 1996 page five Aeenda Item g7-A. Continued Second: Evans Mayor Stacy read the caption of the ordinance. Ayes: Muller, Evans, Moffat, Martin, Harris, Fawks, Staey Nays: None Approved: 7-0 vote Agenda Item #8-A. Ordinance No. 530-A. 1st readim, Animal Control Curtis Hawk, City Manager, presented Ordinance No. 530-A, amending Ordinance No. 530, Animal Control for first reading stating this ordinance was brought forth at the request of a large number of residents in the City. Billy Campbell, Director of Public Safety, stated this ordinance is about 95% old. "It was adopted in 1991. Ordinance No. 530-A, is a combination of existing procedures and additional procedures, repealing the existing Ordinance No. 530. There have been additional definitions added to include coyote hybrid, wolf hybrid, and dangerous animals. He informed Council that Article XI, Enforcement and Penalties, has changed to be fined not less than $50 nor more than $2,000 per day, and the most notable difference being that violation of Article VII directly affects the public's safety. He stated the majority of the ordinance changes are housekeeping items and the number of animals as regulated by the zoning ordinance. The City Manager stated staff will work with the comments made tonight concerning number of animals, bonding, adding definition of a kennel, and how this ordinance will apply to the zoning ordinance, amending the ordinance prior to the second reading. Motion was made to approve Ordinance No. 530-A, 1st reading, subject to changes as noted during the meeting. Motion: Fawks Second: Muller Mayor Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote A~,enda Item #8-B. Ordinance No. 644. 1st readine. Paintine Addresses on Curbs The City Manager, Curtis Hawk, stated Ordinance No. 644 is an ordinance requiring registration for persons who engage in the business of painting address numbers on street curbs. It is another one of the ordinances that was brought forth at the request of people in neighborhoods. Regular City Council Meeting Minutes July 2, 1996 page six Aeenda Item #8-B. Continued Director Billy Campbell stated this ordinance will follow under a congolmemtion of itinerant merchants permits and things along those lines. There are issues that have been brought to the City's attention. The ordinance is brief and concise. Councilmember Harris commented on Section 7(d), with regard to written literature. He feels a disclaimer must appear on the face of the literature in bold print. Motion was made to approve Ordinance No. 644, 1st reading, with the recommended changes as noted above. Motion: Harris Second: Martin Mayor Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Aeenda Item #8-C. Ordinance No. 661. 1st readine. Meeting Times for Remllar Council Meetim,s. Curtis Hawk, City Manager, stated Ordinance No. 661, will provide for meeting times as discussed at the retreat. Council agreed to begin the work session at 5:00 p.m., call the Council meeting to order and go into Executive Session at 6:00 p.m. The public part of the Council meeting will start promptly at 7:00 p.m. Mr. Hawk stated staff will notify the media and at the next meeting, the new times will start. The record reflects that the public present at the meeting were very much in favor of this action by the City Council. Motion was made to approve Ordinance No. 661, 1st reading. Motion: Harris Second: Martin Mayor Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes July 2, 1996 page seven Aaenda Item #$-D, Ordinance No. 660. 1st reading. Creating Offense for Violation of Promise tO Appear for Ordinance Violations in Municinal Court. According to the City Manager, Curtis Hawk, Ordinance No. 660, Creating Offense for Violation of Promise to appear for Ordinance Violations in Municipal Court, is needed as there could be consequences adverse to the City if a defendant is arrested for failure to appear to answer a citation issued by a city employee or someone for violation of a City ordinance. The ordinance designates those City employees who are authorized to issue individual citations to appear in municipal court for alleged violations of city ordinances and makes it an offense for an individual who has received a citation and has executed a written promise to appear, to fail to appear before the court. In the ordinance, the Director of Public Safety or his designee or the Director of Public Works or his designee, shall have the authority to issue citations. No comments were received from the audience with regard to this ordinance. Motion was made to approve Ordinance No. 660, 1st reading. Motion: Martin Second: Fawks Mayor Stacy read the caption of the ordinance. Ayes: Martin, Fawks, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item gl0-A, Primeco Personal Communications L.P, Ground and Tower Lease Aereement Bob Whitehead, Director of Public Works, presented the Ground and Tower I_ease Agreement to the City Council from Primeco Personal Communications L.P. (PPC) noting they have requested an agreement with the City of Southlake to place an antenna on the Florence Water Tower, to obtain a right of access and a right to install any necessary appurtenances. The summary of the agreement is as follows: The lease property will have landscaping and fencing as determined by the City. The consultant is designing areas for the equipment building. PPC will lease the property for $11,040 per year for an initial term of five (5) years from commencement date. Every five (5) year extension period will increase the annual rent by fifteen percent. * The City retains the right to approve, disapprove or request Regular City Council Meeting Minutes July 2, 1996 page eight modifications to plans or any improvements or modifications installed by PPC. PPC must obtain ail of the certificates, permits, licenses, or any governmental approvais required by federai, state, or local authority. PPC may terminate this lease any time after ten (10) years upon one year prior written notice to City and the City may terminate this lease after five (5) years in the same manner. City may terminate this lease any time, upon 30 days written notice to PPC, should the water tower be removed or dismantled. PPC may not sublease the property without written consent of the City. If the Tower is damaged or destroyed, the City shail deliver by written notice to PPC within twenty days after receipt of notice from City's insurance company, whether the city will or will not repair, restore or reconstruct the tower. If the City chooses not to restore property, PPC may abate rent for the unused period. PPC agrees to indemnity and hold the City harmless against any and ail claims of liability for personai injury or property damage and City agrees to same. PPC shail provide the City with a certificate of insurance not less than $500,000 for injury to any one person, $1,000,000 for all injuries sustained by more than one person in any occurrence, and $1,000,000 for damage as a result of any one accident. Non-interference clause requires both PPC and the City to eliminate any frequency interference between existing and future USES. Only quaiified and adequately insured persons will be ailowed to climb the tower. (No PPC employee, agent, contractor or person will be ailowed in the tower without a water utility employee with them.) This agreement is not a franchise and does not authorize PPC to use City right-of-way to conduct a telecommunications business in the City. If the City determines that a franchise is required for PPC to conduct its telecommunications business in the City, the City will expect PPC to obtain a franchise in accordance with law. Regular City Council Meeting Minutes July 2, 1996 page nine Aeenda Item #10-A. Continued Lathan Jones, Primeco, 6 Campus Circle, Wesflake. Mr. Jones was present in support of Primeco. Pat Betek, 3630 Oakwood, Grapevine. Mr. Betek was present to answer questions of Council. He noted that at Bicentennial Park, they provided their own electric service to the cabinet. Councilmember Harris expressed concerns with regular insurance. Allen Taylor, City Attorney will speak to their legal staff with regard to this request. Councilmember Muller stated she wants to see language with regards to extending the height of the tower. Councilmember Martin noted the typographical corrections needed to be corrected in the agreement before the execution of the agreement. Motion was made to approve the Ground and Tower Lease Agreement for the Florence Road Water Tower, incoq~orating the changes as noted. Motion: Martin Second: Harris Ayes: Martin, Harris, Moffat, Fawks, Evans, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item #10-B. Surint Suectrum L.P. Ground and Tower Lease Aereement Bob Whitehead, Director of Public Works presented the agreement with Sprint Spectrum L.P. Ground and Tower I.ease. He stated Sprint Spectrum has requested an agreement with the City to place an antenna on the Bicentennial Park Water Tower, to obtain a right of access and a right to install any necessary appurtenances. The agreement includes: The lease property will have landscaping and fencing as determined by the City. Park Director, Kim Lenior and the consultant are designing areas for the equipment building. Sprint will lease the property for $11,040 per year for an initial term of five (5) years from commencement date. Every five (5) year extension period will increase the annual rent by fifteen percent. * The City retains the right to approve, disapprove or request Regular City Council Meeting Minutes July 2, 1996 page ten Agenda Item #10-B. Continued modifications to plans or any improvements or modifications installed by Spring. Sprint must obtain all of the certificates, permits, licenses, or any governmental approvals required by federal, state, or local authority. Sprint may terminate this lease any time after ten (10) years upon one year prior written notice to City and the City may terminate this lease after five (5) years in the same manner. The City may terminate this lease at any time upon 30 days written notice to Sprint, should the water tower be removed or dismantled. Sprint may not sublease the property without written consent of the City. If the Tower is damaged or destroyed, the City shall deliver by written notice to Sprint within twenty days after receipt of notice from City's insurance company, whether the City will or will not repair, restore or reconstruct the tower. If the City chooses not to restore property, Sprint may abate rent for the unused period. Sprint agrees to indemnity and hold the City harmless against any and all claims of liability for personal injury or property damage and City agrees to the same. Sprint shall provide the City with a certificate of insurance not less than $500,000 for injury to any one person, $1,000,000 for all injuries sustained by more than one person in any occurrence, and $1,000,000 for damage as a result of any one accident. Non-interference clause requires both Sprint and City to eliminate any frequency interference between existing and future uses. Only qualified and adequately insured persons will be allowed to climb the tower. (No Sprint employee, agent, contractor or person will be allowed in the tower without a water utility employee with them.) This agreement is not a franchise and does not authorize Sprint to use City right-of-way to conduct a telecommunications business in the City. If the City determines that a franchise is required for Sprint to conduct its telecommunications business in the City, the City will expect Sprint to obtain a franchise in accordance with the law. Regular City Council Meeting Minutes July 2, 1996 page eleven Aaenda Item #10-B. Continued Frank Horton, Sprint Spectrum, was present for the meeting to address questions of Council. Councilmember Harris stated he has the same insurance questions as with the Primceo agreement. Councilmember Fawks had questions with regard to the buildings to be located at the water tower site. Kim Lenior, Director of Parks and Recreation, project,At there would be three (3) small buildings. The Park and Recreation Board will be making a recommendation to the City Council as they have been working with Mesa Design on size and location of buildings as well as screening and landscaping. Allen Taylor, City Attorney, commented the City only has to provide equal access to the space and has done so on a "first come first use basis." Councilmember Fawks asked if there is anything that restricts the size of the building in the contract. It was determined that the cabinets will be 16X10' in size. There will be concrete pads for two cabinets. A generator will be on a pad also powered by a connector. Councilmember Martin asked for claxification on the generator as noted in the memorandum provided by Kim Lenior. Bob Whitehead indicated he has not had conversations with Sprint on the generator. It was noted the generator would be secured with inside screening, designed to be weatherproof. The generator is used for emergency service. Curtis Hawk, City Manager, suggested that possibly the tower could be dual feed (Tri-County Election and TU Electric) rather than use a generator. Motion was made to approve the agreement with Sprint Spectrum L.P. with the proviso that we are directing Sprint to work with our Council with regard to the paragraph in the agreement to limit the use any temporary generators not to exceed the time that it is absolutely necessary and that they would make their best effort to either supply substitute electrical power, or during at least night time hours adequate battery power so that generators could be terminated when people of normal sense, ability would be sleeping and to show courtesy and consideration to people in the immediate adjacent area. Also, subject to the comments that were made by Councilmember Martin with regard to typographical errors in the agreement, with the insurance provisions and also the additional paragraph. Also to restrict the pad site not to exceed 10X16' with exact location and size to be determined, with exhibit "A" being a part of the lease. Regular City Council Meeting Minutes July 2, 1996 page twelve A~,enda Item #10-I~.. Continued Motion: Harris Second: Martin Ayes: Harris, Martin, Fawks, Moffat, Muller, Evans, Stacy Nays: None Approved: 7-0 vote Motion was made to reconsider the prior motion in agenda item #10-A. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 7-0 vote (to reconsider items #10-A) Aeenda Item #10-A. Aereement with Primeco to attach antenna to Florence Road Water Tower. Motion was made to approve the agreement with Primceo with the proviso that we are directing Primeco to work with our Council with regard to the paragraph in the agreement to limit the use of any temporary generators not to exceed the time that it is absolutely necessary, and that they would make their best effort to either supply substitute electrical power, or during at least night time hours supply adequate battery power so that the generators could be terminated when people of normal sensibility would be sleeping and to show courtesy and consideration to people in the immediate adjacent area. Also subject to the comments that were made with regard to typographical errors in the agreement, with the insurance provisions and also the additional paragraph. Also to restrict the pad site not to exceed 10X16' with exact location and size to be determined with exhibit "A" being a part of the lease. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Aeenda Rem #10-D. City Council cast ballot for election of 5-nerson committee to renresent; Steerine Committee in mediation and desienation of repr~entafives in mediation relatine to the GTE franchise fee disoute. Curtis Hawk, City Manager, stated this item refers to the City's agreement to participate with other similarly situated Texas cities in an effort to collect delinquent franchise fees from GTE and to pursue action before the Public Utilities Commission to set aside what some consider an illegal automatic "pass through" tariff of GTE. Mr. Hawk stated these issues were raised in the Regular City Council Meeting Minutes July 2, 1996 page thirteen A~,enda Item #10-D. Continued summer of 1995, when GTE approached cities with a proposal for a flat-fee franchise agreement and provided an "incentive" for cites who adopted the new agreement within a specific time period. Subsequent to GTE's proposal, a group of cities (including Denton, among others), formed a Steering Committee to work to ensure that the interests of cities are represented on whatever new franchise agreement was worked out. The City of Southlake passed a resolution in August 1995 agreeing to participate. The item of consideration for you tonight relates to a hearing in which the cities argued for a motion to compel GTE to comply with requests to produce certain documents. The motion of the 22 cities related to obtaining the financial records needed to audit the amount of delinquent franchise fees owned the cities. It was determined that a committee could represent the cities (as opposed to all 22 cities as requested by GTE) to serve as negotiators in this mediation.. This item on the agenda provides Council an opportunity to cast votes for the individuals they believe should serve on this negotiating team. Randy Crawford, 1740 Randol Mill Avenue, Southlake. Mr. Crawford stated he is an area manager for GTE and is speaking as a resident and as a manager. He stated he would like to encourage the City Council to send their own representative. They feel it is in the best interest to work with Southlake. They want what is right for both Southlake and GTE. He noted the mediation date has not been set, but will be held in Fort Worth. Councilmember Moffat stated he feels we should work directly with GTE as that seems to be in the city's best interest as Mr. Crawford stated. Councilmember Harris asked Mr. Crawford why he feels we should send someone from Southlake to represent Southlake. He sees a possibility that they feel they could make a deal with Southlake but could not make deal with the Denton group. Mr. Harris stated the City is trying to cut down on duplication of efforts. Motion was made that Southlake cast our ballot for the City Attorney of City of Denton. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Muller, Martin, Harris, Stacy Nays: Moffat Approved: 6-1 vote Council adjourned for recess at 10:00 p.m. Council returned to the Council table at 10:10 p.m. Regular City Council Meeting Minutes July 2, 1996 page fourteen A~,enda Item #11-A. Discussion: Land Exchanee between the City and PIMA Pr0Perti~ David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan presented information to Council with regards to the proposed land acquisition/trade of property located on the northwest comer of F.M. 1709 and White Chapel Blvd. He noted the outline in his June 17, 1996 letter to the Mayor remains essentially the same except that the area they are asking to obtain from the City is quite a bit smaller. The amount was 80,164 sq.ft, from the City and that has been reduced to 51,104 sq.ft, or some 29,060 sq. ft. less. McMahan noted they will relocate the volleyball path and will replace all the trees. With the new plan, they will be adding 22,000 sq.ft, to the grocery store space and gain 1,000 sq.ft, in the shop space. He stated, if accepted by the City, they plan to be under construction by October, 1996. Mr. McMahan stated he would like for the City Council to move forward, seeing that this proposal will come before the City Council in the near future. Mayor Rick Stacy suggested the city move forward by getting an appraisal of the property with the City naming the appraiser. At the same time he suggests Deputy Pro Tem Muller set up SPIN meetings, seeking all board and commission members' support and make sure that all of the groups know the reasons why the Council would make this move. City Attorney E. Allen Taylor stated if the insistence of the Council is to move forward with this and they want to proceed, under Chapter 272 ~ Government Code, there are two things we have got to do: 1) an appraisal has to be done as the law says we cannot convey the property for less than fair market value; 2) if we are going to sell or exchange public property we must publish a notice of our intent to sell or exchange and solicit proposals or offers on that property. Publish it two times and not take the action sooner than fourteen days after the second publication. If Council wants to move forward, we must start this process. The fact that we have started the process does not mean we have to complete the action. Councilmember Muller stated if we start this process and for some reason it does not work out with Tom Thumb Market and they cannot go further, then what happens. Taylor mentioned, the City would just not close on the property. As a general consensus of Council, the attorneys are to move forward with the process. Councilmember Martin asked if this property would go back to the Planning and Zoning Commission for appropriate action on the site plan. Curtis Hawk stated all the other issues have nothing to do with the conveyance. Mayor Stacy stated we should move forward until someone slams the door in our face. Regular City Council Meeting Minutes July 2, 1996 page fifteen Agenda Item #11-B. Discussion: Imnlementation of a Water Conservation and Drought Contineencv Plan. Bob Whitehead, Director of Public Works, led the discussion with regard for the need for a Water Conservation Plan and a Drought Contingency Plan. A copy of the information provided by Mr. Whitehead is hereby attached to the minutes of this meeting. Mayor Stacy encouraged staff to go forward with an ordinance for Water Conservation and Drought Contingency Plan. Aeenda Item #12. Adjournment The meeting was adjourned by Mayor Stacy at 11:35 p.m. ATTEST: City Secretary City of Southlake, Texas CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: !It Iti c NAME ADDRESS TELEPHONE AGENDA 1TEM 302 3 f it. sf Da f l c"'s ' 'CSC fYahl� �-�Or}rnn 214 - 12c coO . 6 1 Mt St unv1 10 • e J'�11�°� `��++cc, 1 �( l� tnn rv�w r�ou icct z WqKcc• z K3 to1,1 1 A ). L c O 0 ) \ 0 kj �A. 0 Q .7 . 7 - C ,, 7 Qu se n,5 c v Z r " - 1 j,„ n, r m t Ave r1 10 1y e Lo ,6 /7 0 AAJDD� A /LL eve /0 7> 4/146,y Agenda Item #4 -C — City council members, Mayor Stacy, My name. is Laura Miklosko and I am the SPIN representative for area 9 which includes the Dominion and Timarron and includes several neighbors along continental and Brumlow. This is the second time I have been given the opportunity to express the concerns and developments in my SPIN neighborhood and I thank you for the opportunity. First, I would like to express my thanks to Mr. Bob Whitehead for presenting Pavement Distress issues at my meeting on June 19. Approximately 20 residents attended this meeting to discuss the issue of the roads in the Tillage of Bent Creek and I believe that they left very well informed. We also briefly' discussed the success of the 114 meeting in Austin and also the issue of water conservation during this drought. The roads in Bent creek are really one of our most important issues at this time. I believe that you are all aware of the state that they are in. The residents welcome the testing that will take place this month as it is a reminder to them that the problem has not been forgotten or overlooked. The residents in Bent creek are thankful for the study that the city commissioned and anxiously await the results from the testing bringing them closer to a final fix to this problem. Many residents in area 9 are concerned about the recent reports of having the Citys' new municipal site moved from the area it is currently designated. We would hope that you would keep area 9 fully apprised of the council and mayors plans for this complex. I would be happy to put a meeting together for the residents to discuss this issue with you directly. AT my last council presentation I briefly discussed the concerns that the residents in area 9 have concerning the non conforming business known as Metro Pool Chemical. Since that time I have done some research into this business and what I have found scares me. This company, according to their Texas Tier Two report, can store up to 14,000 pounds of pure Chlorine Gas. Chlorine gas is listed as a EXTREMELY HAZARDOUS SUBSTANCE by OSH A. My research has found that Chlorine was used in WW1 W 1 as a poison gas. It is very corrosive to moist tissue. Its greatest concern is for populated areas as chlorine is a severe irritant to the eves and mucas membranes and can cause intensive chemical burns which may result in respitory failure and death. Chlorine is a gas that is heavier than air and tends to move with prevailing winds along the ground making this a threat to our population should a leak occur. There is no doubt in my mind that a large evacuation would be necessary should a accident happen but my biggest fear is for the lives of our citizens, some who live within a few yards of where this dangerous chemical is stored. I do not want to take up this whole evening speaking about this companys past chlorine leaks, or its infractions with not filing the proper forms Nvith the Tarrant county Local Emergency Planning committee or that Metro Pool did not even know that the LEPC even exhisted. A \That I would like to do is direct you to a letter written in March of 1995 by our Ctiy Manager Curtis Hawk regarding Amortizaton proceedings for this company Metro pool. I would like to ask you at this time to please revisit this issue and make it a priority on your agenda. This is a safety issue that affects our community and I think it is past due for this business to find a more suitable location to store its highly toxic substances. I am very happy to be a part of SPIN because I feel that we are makeing a difference in Southlake. I believe that through the efforts of each S PIN representative Southlake residents are some of the most informed and educated citizens in this state. We are still in the infancy stage yet we have tackled meetings with developers, organized a highly successful Candidates forum and banded together to get our neighbors involved and informed on the issue of 114. SPIN has gone out into our neighborhoods and listened to the residents concerns and then worked together to help find solutions. Southlake is v eiyF lucky to have a program that allows and encourages a large amount of citizen involvement it affairs. I appreciate all of your support and look forward to the months and years ahead. Thank you • — Agenda Item #6 -A _ 1 2 3 To the 4 SOUTHLAKE CITY COUNCIL 5 TARRANT COUNTY, SOUTHLAKE TEXAS 6 7 8 Cimmarron Acres Residents Contested Water Tank Change of Venue Decision 9 10 11 The Cimmarron Acre residents, who have signed and submitted this document as proof of 12 concurrence, ask that the Southlake City Council please review, discuss and approve (90% 13 supported) proposal to move the location of the proposed 5 million gallon water tanks to the far 14 east side of Block 3, Cimmarron Acres addition, owned by the City of Southlake, and to use the 15 same proposed plans for construction as presented by Bob Whitehead to the Cimmarron Acre 16 residents on 7/1 (proposed for the North line Lot 5, Block 3 Cimmarron Acres addition for the 17 water tank project). 18 19 20 21 22 We, the Cimmarron Acre residents, thank you for your consideration in this matter. 23 24 25 26 27 28 29 1 We, the residents of Cimmarron Acres who have signed and submitted this document, are hereby 2 contesting the recently proposed location of the two 5- million gallon water tanks that are 3 scheduled for construction on the North line Lot 5, Block 3 Cimmarron Acres addition. 4 5 It was the understanding of the residents in the Cimmarron Acres addition 6 that the water tanks were to be constructed on the far East end of Block 5 Cimmarron Acres 7 addition near Harrell, between Jordan and FM 1709 (Southlake Boulevard), on approximately three 8 acres of land. A presentation to the community took place in April with Bob Whitehead and a city 9 engineer. The presentation only discussed a proposal for the said venue describe in this 10 paragraph and an explanation as to what led the city to the location. 11 12 13 The Cimmarron Acre residents and other community residents attending that meeting expressed their 14 opposition to water tanks being construction in a residential area. There were several 15 suggestions made to Mr. Whitehead during the meeting as alternatives to the city's proposal. 16 First preference was to place the tanks behind Justin's Grocery Store, located on the Southeast 17 corner of FM 1709 (Southlake Blvd) and Pearson Lane, where the tanks would not be as visible to 18 the residential community, as cows currently occupy the existing acreage. Mr. Whitehead stated 19 the City attempted to negotiate a possible land purchase with the owner and met with refusal, and 20 the City refused to condemn the property. The only other suggestion made was to move the tanks 21 to the far south end of the property which was supported by only two families in the Cimmarron 22 Acres addition. The last suggestion was made by the individuals that were most impacted by the 23 proposal. However, the suggestion was not necessarily in the best interest of the community and 24 did not have the consensus of the majority of residents in attendance or unavailable to attend. 25 26 The Cimmarron Acre residents wish to compromise with the City of Southlake. It is felt that a 27 compromise is in the best interest of the Cimmarron Acre residents and the growth and continued ?8 development of Southlake, though it is unfortunate that residential areas must be adversely 29 impacted in a city that has access to numerous acres of undeveloped farm land yet to be assessed 1 as residential. The original proposal of the far East corner Block 3 Cimmarron Acres addition is 2 one which the majority of Cimmarron Acre residents support, as validated by those who have signed 3 this document. It is unfortunate that such a decision made by the City Council has caused a 4 division in a community that has been harmonious for the past nine years. 5 6 We apologize for the delay in bring forth our concerns to the City Council, but we, the majority 7 of Cimmarron Acre residents, were unaware of a change in venue until recently. Based on the 8 information originally presented by Mr. Whithead in regard to the water tank construction site, 9 the majority of Cimmarron Acre residents were not opposed to the far East Block 3 Cimmarron Acre 10 addition. After further discussions with Mr. Whitehead, the residents allowed the matter to go 11 uncontested, feeling the City of Southlake's previous notification demonstrated its integrity to 12 inform the community of its intention to build water tanks. 13 14 15 Herein note that the majority of residents represented also to want to eradicate the 16 misrepresentation of their concerns by two Cimmarron Acre families (Mr. & Mrs. John Wilder and 17 Mr.& Mrs. Mark Toliver), that was supported and /or encouraged by the previous Southlake City 18 Council and /or current staff members by allowing these individuals to present a proposal of 19 "change of venue" on behalf of all Cimmarron Acre residents without required proof of attendance 20 and /or a signed petition, and the request being approved by Council. 21 22 23 This document in no way relinquishes the right of any resident to seek counsel and /or take legal 24 action against the City of Southlake, if they were to encumber financial hardship, property 25 devaluation and mental anguish due to the construction of water tanks in either the current 26 proposed location or the originally proposed location, regardless of the Council's decision for 27 or against. 28 29 1 Attachments 2 3 4 Attachment `A,' entitled "Cimmarron Acres Water Tank Project Petition," represents concurrence of 5 90% of the residents in the Cimmarron Acre addition, in support of building the water tank site 6 on the far East end of Block 3 Cimmarron Acre addition. Attachment `B' is a model of the existing 7 community. Attachment `C' shows a future proposed community as viewed by the individuals that 8 support this document. Residents request that the Council please take this proposal into 9 consideration for any further development of the property owned by the City of Southlake in 10 Cimmarron Acres. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 Attachment "A" 3 4 -Cimmarron Acre's Resident Water Tank Project Petition" 5 6 Print Name Address Phone Home Owner Signature J eawc�e`�? `�nti\2 o,S�� r\5 \ NaS `f\ d\rustA, 8 cc1 '3 5"1 �:� 9 10 . (r//f .L ei G f 3/- A ,1/I ►J 11 g — c/ J CAA, ( . - ► & o 4.1 J /0 R). OA- 12 k y' d 1( , .3 of C,e y J ," 543 , E G 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4 ,. .... ' , ■ ■ ' ' , ‘' 11:{I ' ''''''. ' , '''''rL.:::. ' {:[1 ■ :'' ,1011] ' ''': ''-'' ' ' ''' ',''''' ' ' ' :' [D ' ' . '' . ''' , ' 'Lb t[ ...,,,,-„-- , ,,,Ll jrun -t- i '. 1 -- , , ; i ,, r... ,. 1 , [[[1] , ,Ilri.,..1.,,, .. 1111.-,:.3 ' =. IMIIMMIM • il"MM. = . T d.....1' w er m----. mwm . , M -' * Castleberry Wilders o iv . 4 wiison D II D r 0 0 0 ■ 0 0 0 0 0 0 0 0 0 , 0 0 0 ,,,,,, 't ,,' :''''' ,. _,. '-e -,- ._. , 0 0 1 0 lt,',I' 0 0 ti 11 1 .I..... , ■ 0, ...trapir a) ,, Ir 11 ' 11 .;'111•1,' --,,.. 0- 1''''' z 1 1 = lip 0 , , , . . . 0 ' ' --' ......„ r g , . .....,,,,,,,. , —ii IIIIIM 171., cn .,,dmitim - -. P * - :,..,,J„„,,,•_,,,,,. fl fl , , L... Ill ' , „,,.. ,. _-. . ,, weinutaxxxso ' mmEattatvralitam - — vlahltalts , - . C • ,, , . , '... ,. • ' ,, : 1MiliIIIMIlli :,. '„ '') D . —) 4* IIII■ :--,1: . li .. . .,.. .. , , . 4 ... ._ . , n'.,'1; .,' . 1111.11011(01■11161 r . - . .., -,',... -,- , . , Agenda Item #11 -A _ June 28, 1996 Honorable Rick Stacy Mayor City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Proposed Land Acquisition/Trade @ NWC 1709 & White Chapel Dear Mayor Stacy; Please accept this letter as a more detailed offer in connection with the captioned subject property. The details as outlined in our letter of June 17, 1996 remain essentially the same except that the area we are seeking to obtain from the City is quite a bit smaller. In our letter of June 17 we were seeking 1.84 acres (80,164 sq.ft.) from the City and we now have been able to reduce that to 1.17 acres (51,104 sq.ft.) or some 29,060 sq.ft. less. We are proposing the following: 1) Crossroads Square, Ltd. will donate 69,008 to the City for park or whatever use the City sees fit. ( This is approximately 4,000 sq.ft. more than we previously were able to offer) This is the property currently being used by the City for junior soccer fields. 2) Crossroads Square, Ltd. will purchase the above mentioned 1.17 acres from the City for $40,000.00 cash. 3) Crossroads Square, Ltd. will move the existing volleyball court to another area, of the City's choice, within Bi- Centennial Park at Crossroads sole cost and expense. 4) Crossroads Square, Ltd. will move all moveable trees that otherwise would have to be removed within the 1.17 acres to locations of the City's choice within Bi- Centennial Park. Any trees that are too large to move safely or don't lend themselves to transplanting will be replaced by Crossroads on a total caliper basis i.e. we will replace 12" tree with two 6" trees or four 3" trees at the City's choice. 5) Crossroads Square, Ltd. proposes to alter the standard bufferyard behind the center to a more dense planting of hedges to more effectively act as a screen. (Please refer to the drawing furnished) We have reached an accord with Tom Thumb as to the site plan configuration which has allowed us to not have to obtain quite as much of the City property. In addition they have informed us that their attorneys are drafting a lease for our signature and we should have that lease within a matter of days. The basic terms and conditions of the lease have been agreed to by both parties. We believe that this is an extremely fair proposal to the City. Certainly, it is beneficial to us as owners of Crossroads Square in that it facilitates the replacement of an anchor tenant for us. However, it also benefits the City to have a replacement tenant of the quality of Tom Thumb as a replacement tenant for a non - producing space. The small tenants of Crossroads will benefit greatly through increased sales with a major draw in the center which translates to increased sales tax revenues for the City as well as increased ad valorem taxes for the City and School. Therefore, we respectfully request that this proposal be accepted by the City Council as soon as possible. Time is of the essence in our efforts to bring this to a conclusion. Thank you, David C. McMahan Executive Vice President Pima Properties, Inc. General Partner City of Southlake, Texas Agenda Item #11-B MEMORANDUM June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Water Conservation Plan and Drought Contingency Ordinance BACKGROUND: During the June 1996 City Council Retreat a "text" item was presented relative to the City's need for a Water Conservation Plan and a Drought Contingency Plan. The City of Southlake currently has no Water Conservation Plan or Drought Contingency Ordinance to assist the City in water management during a water shortage emergency. The City of Fort Worth provides the City of Southlake and the City of Keller with treated potable water through a common 30 -inch "main" line. It is required by the State of Texas and the City of Fort Worth for the City of Southlake to develop and implement a Water Conservation Plan. The Drought Contingency Ordinance is to help alleviate water supply problems during drought conditions or in the event the 30 -inch supply line is inoperable. The City has experienced substantial growth since the late 1980's with the most notable growth since 1992. This has put a significant stress on the water supply infrastructure, and at times resulted in an overload condition. Since this growth is expected to continue, it is necessary to take actions that will accommodate the projected growth. The adoption and successful implementation of a Water Conservation Plan and Drought Contingency Plan will increase public safety by ensuring a reserve water supply is available for fire suppression. Furthermore, the implementation of a Water Conservation Plan and Drought Contingency Plan is required by the Texas Water.Development Board. The objective of the conservation program is to reduce identified peak demand hours for water consumption (see exhibits 1- 5). This can be achieved through the implementation of efficient water use practices. The drought contingency program provides procedures for voluntary and mandatory actions to be put into effect to temporarily reduce the demand placed upon the City's water supply system during a water shortage emergency. Drought contingency procedures include conservation, but may also include prohibition of certain uses. Both programs are tools the City will have available to operate effectively in all situations. The proposed water conservation program will ultimately reduce per capita consumption in the long run as well as provide short term relief until the construction of new infrastructure, ground storage tanks. Exhibit la "Daily Water Usage May 1996," shows daily water usage during a high water usage month and trigger levels listed in Appendix A. May 22 shows a maximum use of 8.1 million gallons per day (MGD), .4 MGD less than the 8.5 MGD maximum water supply available to the City through the 30 inch supply line. 11 R CURTIS E. HAWK WATER CONSERVATION PLAN JUNE 28, 1996 PAGE 2 Exhibit lb "Daily Water Usage June 1996," Shows daily water usage during a second high water usage month and trigger levels listed in Appendix A. June 23 shows a maximum use of 8.8 million gallons per day (MGD), .3 MGD more than the 8.5 MGD maximum water supply available to the City through the 30 inch supply line. Exhibit 2 "Daily Water Usage; January, June, July, August 1995," demonstrates high water consumption months as compared with a low water consumption month, January 1995. Water consumption is at a safe and manageable level below the trigger conditions; 6.8 MGD -mild, 7.65 MGD- moderate, 8.5 MGD- severe. However, the City's water supply infrastructure has not been improved to handle the increase in water connections experienced in the past 9 to 12 months. Exhibits 3 -6 Demonstrates water level patterns in two of the City's three elevated storage tanks during summer months. As the charts indicate, pumps are activated to restore the water level in the tank when the water level drops below 32 feet. Below 20 feet, water reserves for the City are at critical levels for proper fire suppression and proper system pressure. The intent of this Water Conservation Plan and Drought Contingency Ordinance is to assist in water management during water shortage emergencies. The efficient implementation of the Water Conservation Plan and Drought Contingency Ordinance will level the peak hours of water usage, demonstrated in exhibits 1 -5, and maintain safe water reserve levels at all times. COMMENTS: Staff's recommendation is for the Water Conservation Plan and Drought Contingency Ordinance to be placed on the July 2, 1996 Regular City Council Agenda for City Council discussion. • Staff will be prepared to bring forth an ordinance on this issue at the July 16, 1996 Regular City Council LA - or +'.cussion. r.. -- I RH /ls Attachment: Exhibits C: \WPWIN60 \WPDOCS \WATER \ORD.MEM 11B-2 Gallons Per Day Millions O N .A. 0) Co 0 J - x N — I `-' • to — 1 X • .ra — 1 x 0) — 1 O — i x { v — 1 x co _ 1 X co — 1 X r • ,_ v 0 O x p —1 — — 1 x D , X S r N - C ■ v CO OD - 1 x C7 CD o -1 pi o CD x cn - X o '^ i. W o , _ i v V/ ID O r p - I .0 C n N O V ET m c co 1 x a) \ V - v I CD c. O ■ v n O N _ 1 v N - ! X C.0 -- N- 1 X Ca - A - I v n • N I X Cn - rn - I v N - 1 v V N _ v Co i /N C - I O I i. W - v X 11 8-3 • Gallons Per Day Gallons O N A a) Oo O N■ X (.4 v n A X X \ ' I a) - X - fi a) — v p • J v O n O _L - X � N ^ I i/ W _ ■ X r 4` l : \ O H n O C o 0 al /(n -I - _ v o Q) n 'ti P1 3 * 0 v _ X \V o (D CO 1 v CO N _ v N \ O o N v ' .ter N _ v T CD N _ �.I CO N.) ' v ja - N _ v CJ) 0)) X IV - X N _ v CO N _ X co ('') — X O 1113-4 Gallons Per Day Millions J O N A o) co O / x . N — / ; X L C CO — 1 X M x CD I 1 x C v i X • . x C O 1 x (J I D C / 1 X co o N — >k (D cn —i (Jn a!) (Y n 0 pa W C aQ , — 0 i x o • N Q — 0 I x ( 5- - ■0 ( I X n = co p - 0 , \ i X . y , ') \ X 4 N v N x I N - x D O A — 1 x (C) c X cn N '`\ rn - i X '"F' -'' X CO o X (fl 1 a co - ) i X o i • — X 11B-5 Feet . • 0) Oo 0 N . Cr) CO C O I I I I I I O v • O • O O • • • v O ^ 0 0 N _ v • O ^ O o • W v . O ^ +.4 0 _ • N./ o ^ O O • su N o ^ • -t O O r - v • (D O V v • O ^ • O 0 0 3 v - X • O ^ O • O • ca M • o- m o _ v \V C sO i C ^' � W I t a O -: • 2 0 co • • :- 0 O A CD W 0 - ^ �� N O rn 01 v , IJ O ^ 0 0 - x — 1 -, - • 1 V N 0 ^ — O -. 1 CO < o _v o cD _ v N.) o ^ • • C.T1 O N - O v O ^ N o - O ^ N N v 0 N O G3 v o O O O v O O • 11B-6 Feet N A 0 Co N 0 N 0 CO 0 0 1 1 1 1 1 I I I O X O O O X ^ O O N O co O W 0 A t O - O O a 0 - ir O O o CO r _ ,, m o CD oo 0 ■ 0 0 O / 0 00 _ \ o °O I 0 CO O - - rn rn c o ` C m 3 - c X D O 0 S N —t (D -i < U) - .... (+) O -1:• N ^ (0 d O ' - ` U1 N -00 x ^` C ., ( ) n Q) - 0 n o - Cl.) n) o D m co_ X T� < -' CO N O ^ 01 O N O _ v O ^ N O 1 O ^ • a(,) N _ v O ^ N 0 \ I G) - u O ^ O O O _ v O ^ 0 11B-7 Feet A O O O co co 0)) m O ° I I 1 I I I I o v O ^ • . O o v • O ^ o O N _ v O ^ • O p co v ' O " (D A 0 - " + 1 op < O - " p tll p (D O) v o " CD ° °_ 0 (D 0 ^ C O CD • OO _ X O T Op /V CD h 0^' 0 CL) 'v _, ° o D �- c Ill i m' - X • co X cs = 0 _, N (� _ > O N _ v '� /�►' co C O ^ ' 00 15/ -1 < N O - r+ CT co _ X 1 � C d O c0 Q N A _ ^ v ^' O O - v a) 0 r-F- o rn v CD ° - ^ _0 - I- O X < OO v (D O - ^ A " N _ O _. U) CO v . O ^ p N o " _ o ^ O v • o ^ ON I N _ X o I K N a 1 W v o I ^ O p O X ! • O O • 11B-8 _ JUN I '1996 June 10, 1996 OFFICE OF CITY V SECRETARY Mayor Rick Stacy C/0 City Administrative Office Southlake blvd Southlake, Texas 76092 Dear Mayor Stacy: I am writing to you because I would like to bring to your attention the hard work and dedication of one of Southlake's most active Citizens. Karen Cienki is, in my opinion, one of the most involved, hardworking, dedicated pro- active, and informed people in this city. Karen is a member of SPIN ( Southlake Program for the Involvement of Neighborhoods). She attends almost every City Council and Planning and Zoning meeting in order to be aware of current city issues. Without Karen's initiation and organization of the first SPIN sponsored 'Meet the Candidates Forum', this very successful event would not have been possible. Karen is also the Chairperson for several of SPINS' Goal Committees. She is an active member of the Municipal Complex Facility Planning Committee where the Municipal Complex Subcommittee elected Karen to Chair the Architectural Design Study Group. Karen spent several days as an early election judge and then ,c=orked from ! am to ! pm for both the election and runoff Saturdays. When Karen is not working on these activities she manages to maintain active membership In the Womens Club of Southlake and the Newcommers Club. Currently she is helping our schoolchildren by her part in the school supply packet committee for Carroll Elementary. 1 am sure that in her spare time she is working on numerous other committees that I have failed to remember at this time. Karen does not participate in any of these activities for recognition or awards but instead to make Southlake a better place for all. I hope you agree from reading about all of these recent activities that Karen Cienki is an outstanding Southlake resident who deserves to have her accomplishments recognized. I hope that you will give serious consideration to publicly acknowledging such a hard working member of our community. She is a person that the City of Southlake should be very proud to have Iiving in this community. Sincerely, Mrs. Laura J. Miklosko 710 Nettleton Drive Southlake, Texas 76092 817 421-5334 TO: MAYOR RICK STACY CITY COUNCIL MEMBERS DATE: JULY 2 , 1996 FROM: LAURA MIKLOSKO RE: METRO POOL CHEMICAL THE FOLLOWING PAGES REFLECT INFORMATION I OBTAINED DURING A INQUIRY INTO THE OPERATION AND SAFEI Y OF METRO POOL CHEMICAL. AFTER REVIEWING THE REPORT I HOPE YOU WILL FIND CAUSE TO IMMEDIATELY PROCEED WITH STEPS TO REQUIRE THIS COMPANY TO STOP THE STORAGE AND TRANSFER OF THE HAZARDOUS SUBSTANCE CHLORINE GAS DIRECTLY ADJACENT TO A DENSE RESIDENTIAL DEVELOPMENT. 7 REPORT ON METRO POOL CHEMICAL INC. 981 E. Continental Blvd, South lake by Laura Miklosko On January 18, 1996 I began a very informal inquiry into a Southlake business called Metro Pool Chemical. This company is located at 981 E. Continental Blvd, and is in SPIN 9. My concerns related to their storage of Chlorine Gas and the close proximity they maintain to a dense residential neighborhood. In my search I discovered the following: • 1. Metro Pool can store up to 14,000 pounds of pure, pressurized Chlorine Gas. (Texas Tier Two is attached) 2. Chlorine is listed as a Extremely Hazardous Chemical and releases of 10 pounds or more must be reported to the Local Emergency Planning Conunittee and Department of Public Safety, Emergency: Response Center. (see attached Hazardous chemical list and Material Safety Data Sheet) 3. October 16, 1989, a 20 lb container of Chlorine gas; located at Metro Pool Chemical, ruptured from pressure or a weak cylinder. A ambulance was called to transport one civilian to the hospital for exposure and later two police officers went to the hospital for possible exposure. (Fll report attached) - -A check with the required reporting agencies proved that Metro Pool Chemical did NOT report the release of this hazardous substance as required by Federal Law! 4. A letter dated March 24, 1995 to Metro Pool Chemical from Curtis Hawk regarding Amortization proceedings and its impacts on Metro Pool Chemicals non conforming use of their property. (A copy is attached) You will learn from this letter that Metro Pool stated in February of 1995, one and a half years ago, that they were willing to relocate the chlorine- transfer portion.of their operation to another location or convert to dry chemicals that are less hazardous. As of this date this has not happened and I believe that a year and a half is enough time to explore the possibilities and review their options. Metro Pool is fully aware that Council may at any time decide to proceed ‘vith the amortization process. 5. The Texas Department of Health, Hazard Coinlnunication Branch provides companies that deal with hazardous chemicals the Texas Tier Two Reporting Forrns. These forms are required for compliance with the hazardous chemical reporting requirements of the Texas Community Right -To -Know Acts (TCRAs, Chapters 505 -507 of the Health and Safety Code); and Sections 302,311, and 312 of the federal Emergency Planning and Community Right -to -Know Act (EPCRA, also known as the Superfund Amendments and Reauthorization Act (SARA), Title III). The EPCRA sets up the framework for communities to prepare for and respond to emergencies involving hazardous substances. The act required the governor of each state to appoint a State Emergency Response commission (SERC), and in turn the SERCs divide the state into Local Emergency Planning Committees. Tier Two forms must be filed with both the Texas Department of Health and also the Local Emergency Planning Committee and a copy should go to the local emergency response team (Our Southlake Police and Fire Department). As per the attached letter from the Tarrant County LEPC dated February 5, 1996, Metro Pool Chemical did NOT know that the LEPC exhisted and had NEVER filed the required Texas Tier Two forms with this agency. Without this infonnation the LEPC would not have been able to perform its primary tasks such as, develop emergency plans to protect the public from chemical accidents or set up procedures to warn and, if necessary, evacuate the public in case of an emergency. Knowing that this company is in the business of handling hazardous chemicals I would expect that they should know what agencies they need to report to in order to maintain a business without federal violations. Clearly, by not reporting their hazardous chemicals to all required agencies, they put our lives in more danger had a serious chemical spill occurred. I am not in the business of handling hazardous chemicals yet it only took only one phone call to discover all the forms that I would need to file if I were in such a position. A copy of the LEPC pamphlet is attached. 6. Chlorine (C1) is a highly irritating, greenish - yellow gaseous halogen with a sharp disagreeable odor. It is 2.5 times as dense as air. Chlorine was used in World War I as a poison gas. It is very corrosive to moist tissue and has a very irritating effect on the lungs and mucus membranes of the nose and throat. Inhalation of this gas can cause edema of the lungs and respiratory stoppage. Chlorine gas is very deadly at low atmospheric concentrations. A night time downwind evacuation distance for a large release of Chlorine Gas (500 pounds qualifies as large) could be as far as 4.6 miles. To summarize, Chlorine is Extremely hazardous and should not be stored near the citizens of Southlake. This company, Metro Pool has been in violation of Federal Law by not reporting to proper agencies. Please begin work to remove this health threat before a serious accident occurs. • • y ' F LE City of South lake a Ste+ uthla ' March 24, 1995 Mayor Fickes Mr. Bob Meyer d/b /a Metro Pool Chemicals M F P. O. Box 92547 Jerry Farrier Southlake, TX. 76092 0 ncilmembers: M.jael Richamie W. Ralph Evans Re: Amortization Proceedings for Metro Pool Chemicals, 981 E. Continental Blvd., Stephen gel Franks Apple Sr. being approximately acres, legally Jr ""'Michael Franks g pP y 0.5 acres le ail described as Lots 22, 23, 24, and 25, East At ew L. Wambsganss Haven Addition City Manager. Ct is E. Hawk Dear Mr. Meyer: A;. stant City Manager. Shang K. Rice On Monday, February 27, 1995, you initiated a meeting with Mayor Fickes and I Ci secretary regarding the amortization process and its impacts on your nonconforming use on the S< ira L. LeGrand above- referenced property. In your discussions, you indicated that you were willing to work with the City in addressing any problems. You were concerned that should the Board of Adjustment find that your investment in the property had been recouped and that your current business should cease operation, then you would have to relocate the entire operation. You expressed a willingness to relocate the chlorine- transfer portion of the operation to another location or to convert your operation to dry chemicals which are considered less hazardous. This offer would mitigate some of the safety concerns raised by the City Council due to the close proximity of residential developments and the increased traffic along Continental Blvd. The Council discussed your offer at last night's Council meeting and directed me to delay the amortization hearing on your property to allow you time to explore these possibilities. After you have reviewed your options and determined your course of action, the Council will decide whether to proceed with the amortization process. Again, the City appreciates your cooperation in this matter. Si • : ely, urti . awk City Manager C EH/kg 667 North Carroll Avenue • Southlake, Texas 76092 (8171 481 -5581 . FAX (8171 aaa - 'no7 Mr. Bob Meyer March 24, 1995 Page Two cc Gary Fickes, Mayor E. Allen Taylor, City Attorney Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator vfear , r • TARRANT COUNTY LOCAL EMERGENCY PLANNING COMMITTEE 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 (817) 884 -1473 (817) 871 -6170 2 -5 -96 Laura Miklosko 710 Nettleton Dr Southlake, Texas 76092 Dear Mrs. Miklosko, As I reported on the telephone, Metro Pool Chemical, 981 E. Continental Ave., Southlake, Texas, 76092, has never filed a Texas Tier Two report with the Tarrant County Local Emergency Planning Committee. If the company does store Chlorine over the TPQ of 100 pounds, then the company is required to file a Texas Tier Two form with the Tarrant County LEPC. I spoke with Robert T. Meyer of Metro Pool Chemical by telephone on January 18, 1996. He said that he had been filing the Tier Two forms with the Texas Department of Health, and the local Southlake Fire Department, but did not know that he was required to file with the Tarrant County LEPC, or that the LEPC even existed. I requested that Mr. Meyer send copies of all the Texas Tier Two reports filed with the Texas Health Department to the Tarrant County LEPC at the above address, and to file future Texas Tier Two reports with this office. He agreed to do so. If I can be of any further help, please do not hesitate to contact me at 817- 871 -6171. Sincerely, f amtsc.._ James E. Scarberry Emergency Management Technological Officer " TEXAS FIRE INCIDENT REPORTING SYSTEM • Southlake Fire Department r I' 1 De ete ----- - -,- -- r-- - -T - - - r Change I ; � � I D r r -- - - -- — 'Incident No I EIP IMt) - TI - JA - 1 T-- - e e (Tine i n - ---- -f IW li 4 3 4 !YEAk !Day of the Week (Alarm Time (Tine in ! — _ �8903771 00! 10! 16! 891Monday 2 i 17: ZSIIService 18:07! b Correct No. Street Name .Address - - - - - -x y 2 U E. C O N T I N E N T A L Fype Zip Code Census Tract - - -- - ---- 76092 000000 occupant Name — - -'-- - _ M E I R 0 e POOL CHEM. Room or Apt. 1Telephone (81 7)481 - 8621 I 00000 U owner Name -T- - --`— L tiU1i - MEYEk — !Address �f elephone _ II'--U. 1 555t3kpVN. 76051 (1317) 481 -8621 t Method of Alarm trod Puolic - - - - - -- - - - - - -- - — Phone direct toil type of Situation Found ___ 1 Air, gas rupture 22 F type of Action taken - -- Kemove hazard Co. Inspection Snift No. Alarms Mutual Aid _ _ 4 1 G District 000 B ' 1 X kec'd Given n No. Lire Service Personnel No. Engines — — — No. Aerial Apparatus No. Other Vehicles Used at scene 6t ssed at Scene 1 used at Scene _ — 0 Used at Scene 2 H No. tncioent ketated injuries Fire Service 0 �Uthers -1NO• incident - Related Fatalities Complex --- 3 L_. Service O lUtp,ers 0 Warehouse, storage coeplx 8 0 I tixea property Use - — , 8 Hazardous chem mfg Mobile Property type - - -- _ 762 Mobile property type n/a .1 Area of Fire Origin ■ — — -- I Level of Fire Origin Termination Stage K !Equipment Involved In lgnition(it Any) L '- (Farm of Heat of Ignition 1 type ot Material I Form of Material Ignited r - -- 9 'Ignition Factor M Structure Type �Constructton Type Construction Method 1 N ltxtent of flame Damage � !Extent of Smoke Damage Extent of Water Damage U (Extent of Fire Control Damage !Detector Performance � -----------------------------4 Sprink:e. Performance I I I 1 --- e' IF FLAME SPREAD BEYOND type o1 Material Generating Most rlame KUUM OF Uk:ii;iN Avenue of Flame Travel U IF SMUKE SPREAD BEYOND Type of Material Generating Most Smoke I ROOM OF ORIGIN ( Avenue °of Smoke Travel R Method ot Extinguishment -- I Method unclassified — S Estimated lotal -- 9 !Dollar Loss Property Damage Classification Time from Alarm to Agent Appl. 200. U U $100 - 999 2 No agent appl. necc. 9 1 Officier in Charge(Name, Postion, Assignment) Date RON WILSON, LIEUTENANT 10/16/89 Member Making Report(if different from above) Date tf Mobile Property r — — — __ 1 I Year I T Make Model T Serial No. JLicense No V 1t Equipment Involved Year --- ii F- -- Make - - -� In Ignition —_ -- - - -- — I Model Serial No. Voltage • REMAkKS , Southlake Fire Department rio' inLioent: b0// r._%HoE 00 DHIL: 10/16/Er9 1111E: 1Z:2.6 --1 uPuN mKRIVAL FUUNU A LAPLIE LHLUkINE SfURAbE AND FILLING LUMHANY WHICH WAS REHLJPIED fU HAVE HAD A LHLURINE SPILL WE ARKIVED WITH NU VAPuR VISIBLE HUWEVER 1 NUIICED A FEW PEUPLE bfANDINU UP WIND APPARENILY SUFFERINb FROM EXPOSURE lu iHE cHUNINE GAS.P.D. UNITS EVALUATED IHE SURROUNDING HUMES WHILE iHE LOMMAND WAS BEINU ESTABLISHED UP-WIND. AN AMBULANCE WAS CALLED FUR FROM GFD TO TRANSPORT THE ONE EXPOSED CIVILIAN g' 9 UPON INVESTIGATION OF THE SITUATION IT WAS FOUND THAT A AU LB. CHLORINE VESLE HAD RUPTURED FROM PRESSURE OR A WEAK CYLINDER . THE WIND WAS BLOWING TO THE SOUTH AT 14 MPH. [HIS AIDED IN THE UUICK DISAPATION OF THE VAPOR CLOUD ALLOWING RESIDENTS TO RETURN HOME AND ALL UNITS TO CLEAR LATER TWU POLICE OFFICERS WENT TO BMC FOR POSSIBLE EXPOSURE. DISPATCHER : BALINDA bARLA ----- HAZARDOUS MATERIAL REPORT Southlake i-ire Department , ---- 1 Lulu INLIDENI NU: 'Mu UA YEAR Ilift WB434 890377 1 00 110116 89 17:25 r "--- ------ .iVENIIII Oki) ON LABEL IDUI ID INAWITY !MOILER 1017 60 LBS , CHEMICAL NAME MANUFACTURER NA1IE CHLORINE THOMPSON HAYWARD CHEN.CO. • ILATECIUMY 1 DESCRIPTION LATELIOkY 2 DESCRIPTION PEOPLE EVACUATED PEOPLE EXPOSED 10 3 -------- COMMENTS r c 0 V C •- .+ O • 4—) V ea E ..4) ,�EXA S '••. V "4.1 CA G _� / /- • E • = OA O L : 0 /` /, • W Ta '' • I•4 • .• 11. �' . G U * • • • L CC • 0 �-• C� U cn —. 1 a) • a) a) >l 1 1 • 01:1 w.+ I. _ 4r 1 0 a ... 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U c a, 4) o ed E c ~ o : a) a) o i,• n) cC ' -' ,,C:1° c� a' bA - v u . _ ' c :' ° a tJ] z 3 a c., co - • c °• a. ° u 0 .5 a Q a, c o o a� . n" c " -a . . . ., xE-- I N rn • ' u o c v 1 i o v C.) a 't3 V .0 L'7 C U .'S .-. L p' w Cl. N F o w U i O 0 n�j L7 g C • c, v o f 3 . y L. N c 0 - , N c ° p p- ..'. Oi V _ U Id U ' CL " N 2› • • N V U c.... .O .O A U • O E C LU N U 4 E L N E 0 U t'- co O Z C y . C c „, cCi N O ( 'C a C .`+ « C v t LCD a o0 et cr C , 0 CO O N , 0 L. y G i 0 0 w t; ...0 .0 L = • p 0 � , c N Ui v td O t . 3 o 0 o y g at ct l R�j o= at c U '° -Q N C O N .. N L C W N VI a ..+ w • a:+ L.•' 'S O , '= O J" c/ = O _O L o a .0 = .0 N O Ri cci N 0 . p N t O N U Q L�.1 �., 1 O. m as C y m ! O a .^ v • • • 0 0 • • • U O E 0 .d . !4-1 N • p O C) ', o N L ..+ t� • U L. V1 >O U cd O U p g ..0 N vi _ x a C v C~ ,� C cC c N _a N N. • • 04 Q U N iii . U C U c.. c� O E b O C M N C 7.72 7g=73,Ago C) ° . cd ° _ • C N N w V '.. t' d °' • U 'L7 ._.. ta. 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V V N • W p • w U L C c N p L U 4 . s o °' U N p c 7 ° d g M >, . .O td a vi IC " -0 ^X w V' . °4 , V V N f "7-- c •� E Z7 Oa c cv j c v c = J s N ._� ma v � - i� v O, N 0 V y Z > C) = o _ . e ~ _ = .. e, c7 O C N V N o C w .0• V o x Q C v ,� o p o , �+ c p p o p id L. a J •" • .�j N L O • s v .., . c n -act c O N .o w ' � g c . L . ` . v U e.:. 8 V ci c . ` n e o ... clzi • . H C 4 c ° `` n L. D E C = `) Id a. o LIO v U p • ■ - mo o a i C ) o o •3 ' V o - v a c o - v ` cg . ° J " L 4. Q) Y N L. _ .E O L. O C N U r W^ O W `.3 C c ` -' O C. = C L -• 0 O r U OD i_ "0 �. C c L J . V . C p v a. .'•'� m: U = C) V U = C _ .- C . G> 2 U V _ C L. C = `�' c o E w u - p 0 c v -. . r _ .. `>= r cn r 0 0 0 >-E). EXTREMELY HAZARDOUS SUBSTANCES (EHS) AND THEIR THRESHOLD PLANNING QUANTITIES LIST All quantities are in pounds t % * s# .... CHEMICAL NAME 1M ... TPQ CAS# .... CHEMICAL NAME Q ... TPQ 75865 .... Acetone Cyanohydrin 10 ... 1000 79118 .... Chloroacetic Acid . 1 ... 100/10000 1442303 .. Acetone Thiosemicarbazide ... 1 ... 1000/10000 107073 ... Chloroethanol 1 ... 500 1 028 ... Acrolein 1 ... 500 627112 ... Chloroethyl Chloroformate .. 1 ... 1000 ;66161 .... Acrylamide 5000 ... 1000/10000 67663 .... Chloroform 10 ... 10000 . • 107131 ... Acrylonitrile 100... 10000 542881 ... Chloromethyl Ether 10 ... 100 9 • 14686 ... Acrylyl Chloride 1 ... 100 107302 ... Chloromethyl Methyl Ether 10 ... 100 1' ... Adiponitrile 1 ... 1000 3691358 .. Chlorophacinone 1 ... 100/10000 1...063 ... Aldicarb 1 ... 100/10000 1982474 .. Chloroxuron 1 ... 500/10000 . 002 ... Aldrin 1 ... 500/10000 21923239 . Chlorthiophos 1 .. , 500 107186 ... Ally/ Alcohol 100... 1000 10025737. Chromic Chloride 1 ... 1/10000 1+#119 ... Allylamine 1 ... 500 62207765 . Cobalt, (( 2 , 2 '4 1 , 2- Ethanediylbis (Nitrilomethylidyne)) 59738 . Aluminum Phosphide 100... 500 P Bis( 6- Fluoro- phenolato))(2- )- N,N',O,O') -, i .' - 9rw26 .... Aminopterin 1 ... 500/10000 1 ... 100/10000 . ;- - 78535 .... Amiton 1 ... 500 10210681 . Cobalt Carbonyl 1 ... 10/10000 . 34972 .. Amiton Oxalate 1 ... 100/10000 64868 .... Colchicine 1 ... 10/10000 1 4417 .. Ammonia (anhydrous) 100... 500 56724 .... Coumaphos 10 ... 100/10000 : ' 629 ... Amphetamine 1 ... 1000 5836293 .. Coumatetralyl 1 ... 500/10000`'7': - 62533 .... Aniline 5000... 1000 95487 .... Cresol,o- (CresylicAcid) 1000... 1000/10000 i • - 88051 .... Aniline,2,4,6- Trimethyl 1 ... 500 535897 ... Crimidine 1 ... 100/10000 7° . Antimony Pentafluoride 1 ... 500 4170303 .. Crotonaldehyde 100... 1000 1 7940 .. Antimycin A 1 ... 1000/10000 123739 ... Crotonaldehyde, (E)- 100... 1000 V9884 .... ANTU 100... 500/10000 506683 ... Cyanogen Bromide 1000... 500/10000 1303282 .. Arsenic Pentoxide 1 ... 100/10000 506785 ... Cyanogen Iodide 1 ... 1000/10000 17533 .. Arsenous Oxide 1 ... 100/10000 2636262 .. Cyanophos 1 ... 1000 4341 .. Arsenous Trichloride 1 ... 500 675149 ... Cyanuric Fluoride 1 ... 100 ;4421 .. Arsine 1 ... 100 66819 .... Cycloheximide 1 ... 100/10000 2642'"' .. Azinphos -Ethyl 1 ... 100/10000 108918 ... Cyclohexylamine 1 .. , 10000 - _- 965 . Azinphos - Methyl 1 ... 10/10000 17702419 . Decaborane(14) 1 ... 500/10000 .. Benzal Chloride 5000... 500 8065483 .. Demeton 1 500 [ '� ... [1;,-!.--,- 1 68 .... Benzenamine, 3- (Trifluoromethyl)1 ... 500 919868 ... Demeton- S- Methyl 1 ... 500 1111t141 ... Benzene ,1 - (Chloromethyl) -4- Nitro- 1 ... 500 /10000 10311849 Dialifor 1 ... 100/10000 1.Q ..--- 98055 .... Benzenearsonic Acid 1 ... 10/10000 19287457 . Diborane 1 ... 100_ - » .. Benzimidazole, 4 ,5- Dichloro- 2- (Trifluoromethyl)- 111444 ... Dichloroethyl Ether 10 ... 10000 `e'" 1 ... 500/10000 149746 ... Dichloromethylphenylsilane 1 ... 1000 ` r 1 .... Benzotrichloride 10 ... 500 62737 .... Dichlorvos 10 ... 1000 100447 ... Benzyl Chloride 100... 500 141662 ... Dicrotophos 1 ... 100 ; . -_. 10294 ... Benzyl Cyanide 1 ... 500 1464535 .. Diepoxybutane 10 . , . 500 1 "__. 1' m � 71417 . Bicyclo (2,2,1)Heptane- 2- Carbonitrile, 5- Chloro -6- 814493 ... Diethyl Chlorophosphate 1 ... 500 i ((((Methylamino )Carbonyl)Oxy)iminio) -, (1s -(1- alpha, 1642542 .. Diethylcarbamazine Citrate 1 ... 100 /10000-- 2- beta,4- alpha, 5- alpha,6E))- .... 1 ... 500/10000 71636 .... Digitoxin 1 ... 100/10000 _ ri 534076 ... Bis(Chloromethyl) Ketone 1 ... 10/10000 2238075 .. Diglycidyl Ether 1 ... 1000 �� 4 .. Bitoscanate 1 ... 500/10000 20830755 . Digoxin 1 ... 10/10000 s/9 1 94345 . Boron Trichloride 1 ... 500 115264 ... Dimefox ' 1 , , , 500 Cs--,- 7 x,_7072 .. Boron Trifluoride 1 ... 500 60515 .... Dimethoate 10 ... 500/10000 r 353424 ... Boron Trifluoride Compound with Methyl Ether (1:1) 2524030 .. DimethyrPhosphorochloridothioate 1 500 1 ... 1000 77781 .... Dimethyl Sulfate 100... 500 !.. ; 2 72567 . Bromadiolone 1 ... 100/10000 75785 .... Dimethyldichlorosilane 1 ... 500 7 6956 .. Bromine 1 ... 500 57147 .... Dimethylhydrazine 10 ... 1000 1 1366190 .. Cadmium Oxide 1 ... 100/10000 99989 .... Dimethyl- p- Phenylenedlamine .. 1 ... 10/10000 2223930 .. Cadmium Stearate 1 ... 1000/10000 644644 ... Dimetilan 1 ... 500/10000 i 7"$441 .. Calcium Arsenate 1 ... .500/10000 534521 ... Dinitrocresoi 10 ... 10 /10000 4 6 1352 .. Camphechlor 1 ... 500/10000 88857 .... Dinoseb 1000... 100/10000 1 ` 5 , , ,57 .... Cantharidin 1 ... 100/10000 1420071 Dlnoterb 1 ... 500 /10000 51832 .... Carbachol Chloride 1 ... 500/10000 78342. .. Dioxathion 1 , , . 500 26419738 . Carbamic Acid, Methyl- ,O- (((2,4- Dimethyl -1,3- / - 100 82666 .... Dlphaclnone 1 .. 10/10000 Ian- 2yl)Methylene)Amino)- 1 ... /10000 152169 ... Diphosphoramide, Octamethyl- . 100... 100 1 3662 .. Carbofuran 10... 10/10000 298044 ... Disulfoton 1 ... 600 75150 .... Carbon Disulfide 100 ... 10000 514738 ... Dithiazanine Iodide 1 ... 500/10000 786196 ... Carbophenothion 1 ... 500 541537 ... Dithlobluret 100 ... 100/10000 5 49 Chlordane 1 ... 1000 316427 ... Emetine, Dihydrochloride 1 ... 1/10000 4 .. Chlorfenvinfos 1 ... 500 115297 ... Endosulfan 1 ... 10/10000 7 Chlorine (gas) 10 ... 100 2778043. Endothion 1 .. . 500 /10000 24,. ,o . Chlormephos - 1 ... 500 72208 .... Endrin 1 ... 500/10000 99°815 Chlormequat Chloride 1 ... 100/10000 106898 . Epichlorohydnn 100... 1000 For assistance, telephone the Hazard Communication Branch toll free in Texas 1- 800 -452 -2791 For callers outside of Texas, dial (512) 834 -6603 55 1 TEXAS TIER Two COVER SHEET Budget 7C790 Fund 180 'ised 9/95 ; :::: • Please complete these forms with a typewriter or a printer. i Ise ° • File this report between January 1 and March 1, 1996. <'nl: : ::::: • Do NOT send Material Safety Data Sheets (MSDSs) with the Tier Two Report. :::: :: j:::::: Mail the original and filing fee to illi STA TE EMERGENCY RESPONSE COMMISSION `'' ?` ` clo TEXAS DEPARTMENT OF HEALTH 00 HAZARD COMMUNICATION BRANCH OR `'' " "'=` < €' 1100 WEST 49TH STREET :: '? ` .:: "': AUSTIN, TX 78756 1. Reporting period from January 1 to December 31. 1995 Page 1 of 4 2. Check if information below is identical to information submitted last year YES®( m 3. FIRST TIME filing? YES ❑` - UPDATE? YES ❑ ANNUAL filing? YES ®C" o *If Yes, a filing fee is required cu 4. Total number of Chemical Description Blocks completed in attached report? 5 c Confidential information included in this report? YES ®( N 5. Fee Attached: $ _CO306 Check Number: 2( Check Date: /Z17 /C .) .= N E cD 13 FACILITY IDENTIFICATION IN TEXAS (Physical site of chemicals) 'S c 6. Name of Texas Facility METRO POOL CHEMICAL INC M 7. Street Address /Location Description 981 E CONTINENTAL RI Vn 'II 0 8. City SOUTHLAKE TX Zip Code 76092 C N .° 9. County (If more than one, list primary county only) TARRANT 10. SIC Code (4 digit number) 1799 Dun & Bradstreet Number 05 - 265 -2112 . E g OWNER OR OPERATOR (Name of Corporation, Company, Agency, or Individual Owner or Operator) u a 11. Name METRO POOL CHEMICAL INC Telephone ( 817 )4R1-8621 W 12. Mailing Address P 0 BOX 92547 - o - o N c • 13. City SOUTHLAKE State TX Zip Code 7nng7 -n547 a) • H EMERGENCY CONTACT 2, 14. Name ROBERT T MEYER `r Title PRESIDENT U E ` 15. Telephone f 817 ) 481 -8621 24 Hour Telephone ( 817 ) 430 -3889 a) v 16. Name JANTZ M BAIN Title MANAGER co o 17. Telephone ( 817) 481 -8621 24 Hour Telephone ( 817) 424 -0301 ai o > 18. Optional attachments -- I have attached a site plan YES ❑ 0 19. I have attached a list of site coordinate abbreviations YES ❑ s 20. I have attached a description of dikes and other safeguard measures YES ❑ 1-- Certification (Read and sign after completing all sections of the Tier Two Report): I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents. and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true. accurate. and complete. 21. Name and Official Title of Authorized Representative -- Please type. Name ROBERT T MEYER Title PRESIDENT 22 . Signature -- Required/I, c --<, / n-,._ c.:_____ -I i /--, /n TEXAS TIER Two CHEMICAL DESCRIPTION SHEET . Revised 9/95 1. Reporting period from January 1 to December 31, 1995. Page 3 of 4 FACILITY IDENTIFICATION IN TEXAS (Please see instructions on page 17) 2. Name of Texas Facility METRO POOL CHEMICAL INC 3. Street Address /Location Description 981 E CONTINENTAL BLVD 4. City SOUTHLAKE TX Zip Code 7Rng2 CHEMICAL DESCRIPTION BLOCK 5. Chemical Description: CAS Number 00778250 - Trade Secret? YES ❑ 6. Chemical Name(s) CHLORINE 2000 LBS 7. Common (Label) Name: nit nRTNF PAS Optional? YES ❑ 8. Check all that apply: Pure 127 Mix ❑ Solid ❑ Liquid ❑ Gas ❑ EHS ❑ 9. Hazards: Fire ❑ Pressure a Reactivity ❑ Acute ❑ Chronic ❑ 10. Range Values: Max. Daily Amt. 0 Avg. Daily _Amt. 04 # Days on Site 365 11. EHS Name: CHLORINE 12. Storage Codes: Location or work areas in Facility: L 2 4 CHIORTNF STnRAGF ARFA NnRTH OF OFFICE BUILDING • 13. Peak Storage Quantity: Gallons Cubic Feet Pounds 14 , 000 14. NFPA Hazard Rating (Enter Number): Health Flammability Reactivity — CHEMICAL DESCRIPTION BLOCK 5. Chemical Description: CAS Number 001310 -73 -2 Trade Secret? YES ❑ 6. Chemical Name(s) CAUSTIC SODA BEADS 7. Common (Label) Name: CAUSTIC SODA Optional? YES ❑ • 8. Check all that apply: Pure ® Mix ❑ Solid ❑ Liquid ❑ Gas ❑ EHS ❑ 9. Hazards: Fire ❑ Pressure ❑ Reactivity ❑ Acute ® Chronic ❑ 10. Range Values: Max. Daily Amt. 02 Avg. Daily Amt. 02 # Days on Site 365 11. EHS Name: 12. Storage Codes: Location or work areas in Facility: • J 1 4 CYLINDER STORAGE AREA NORTH OF OFFICE BUILDING 13. Peak Storage Quantity: Gallons Cubic Feet Pounds 500 14. NFPA Hazard Rating (Enter Number): Health _ Flammability Reactivity . TEXAS TIER TWO CHEMICAL DESCRIPTION SHEET Revised 9/95 1. Reporting period from January 1 to December 31, 1995. Page 2 of 4 FACILITY IDENTIFICATION IN TEXAS (Please see instructions on page 17) 2. Name of Texas Facility METRO POOL CHEMICAL 3. Street Address /Location Description 981 E CONTINENTAL BI Vfl 4. City SOUTHLAKE TX Zip Code 76092 CHEMICAL DESCRIPTION BLOCK 5. Chemical Description: CAS Number 000108 - - Trade Secret? YES ❑ 6. Chemical Name(s) ISOCYANURIC ACID 7. Common (Label) Name: CONDITIONER Optional? YES ❑ . 8. Check all that apply: Pure K2 Mix ❑ Solid ❑ Liquid ❑ Gas ❑ EHS ❑ 9. Hazards: Fire ❑ Pressure ❑ Reactivity ❑ Acute :W. Chronic ❑ 10. Range Values: Max. Daily Amt. 0 Avg. Daily Amt. 03 # Days on Site 365 11. EHS Name: 12. Storage Codes: Location or work areas in Facility: I 1 4 WAREHOUSE INSIDE OF OFFICE BUILDING 13. Peak Storage Quantity: Gallons Cubic Feet Pounds 15.000 14. NFPA Hazard Rating (Enter Number): Health Flammability _ Reactivity CHEMICAL DESCRIPTION BLOCK 5. Chemical Description: CAS Number 068855 -54 -9 Trade Secret? YES ❑ 6. Chemical Name(s) DIATOMACEOUS EARTH 7. Common (Label) Name: FILTER POWDER Optional? YES ❑ 8. Check all that apply: Pure rA Mix ❑ Solid El Liquid ❑ Gas ❑ EHS ❑ 9. Hazards: Fire ❑ Pressure ❑ Reactivity ❑ Acute ❑ Chronic ❑ 10. Range Values: Max. Daily Amt. 04 Avg. Daily Amt. 04 # Days on Site 365 11. EHS Name: 12. Storage Codes: Location or work areas in Facility: J 1 4 WAREHOUSE INSIDE OF OFFICE BUILDING 13. Peak Storage Quantity: Gallons Cubic Feet Pounds 2,000 14. NFPA Hazard Rating (Enter Number): Health Flammability Reactivity • 1 CARS 1 ILK 1 WU I.HLMI(.ML UC,CKIN 1 IUIV 3t1tt 1 Revised 9/95 1. Reporting period from January 1 to December 31, 1995. Page 4 of 4 FACILITY IDENTIFICATION IN TEXAS (Please see instructions on page 17) 2. Name of Texas Facility METRO POOL CHEMICAL TNf: 3. Street Address /Location Description 9R1 F Cf1NTTNFNTAI 111 vn 4. City SOUTHLAKE . TX Zip Code 76092 CHEMICAL DESCRIPTION BLOCK 5. Chemical Description: CAS Number 533 - 96 - Trade Secret? YES ❑ 6. Chemical Name(s) SODIUM SESQUICARBONATE 7. Common (Label) Name: SFsgUI Optional? YES ❑ 8. Check all that apply: Pure Ig Mix ❑ Solid ®C Liquid ❑ Gas ❑ EHS ❑ 9. Hazards: Fire ❑ Pressure ❑ Reactivity ❑ Acute ❑ Chronic ❑ 10. Range Values: Max. Daily Amt. 04 Avg. Daily Amt. 04 # Days on Site -165 11. EHS Name: 12. Storage Codes: Location or work areas in Facility: J 1 4 WAREHOUSE INSIDE OF OFFICE BUILDING 13. Peak Storage Quantity: Gallons Cubic Feet Pounds90 000 14. NFPA Hazard Rating (Enter Number): Health 2 Flammability 0 Reactivity 0 CHEMICAL DESCRIPTION BLOCK 5. Chemical Description: CAS Number Trade Secret? YES ❑ 6. Chemical Name(s) 7. Common (Label) Name: Optional? YES ❑ 8. Check all that apply: Pure ❑ Mix ❑ Solid ❑ Liquid ❑ Gas ❑ EHS ❑ 9. Hazards: Fire ❑ Pressure ❑ Reactivity ❑ Acute ❑ Chronic ❑ 10. Range Values: Max. Daily Amt. Avg. Daily Amt. # Days on Site 11. EHS Name: 12. Storage Codes: Location or work areas in Facility: 13. Peak Storage Quantity' Gallons Cubic Feet Pounds 14. NFPA Hazard Rating (Enter Number): Health Flammability Reactivity _ tc: r 1 - t • 1 L. 5 F IE T y 0 S E E PRODUCT NAME : CHLORINE Oate: 5-JAN-1996 15:48:48.41 CODE : 05847 20006 CYLINDE CAS #: 007782505 MS0; No. 000380 Revision No./Date 01 921218 OcLail Nuwber 00L46/01 FORMULA: C1 2 CHEM. FAMILY: bleaching agents (oxidi CHEMICAL NAME AND SYNCNYMS: Chlorine; • Bertholite; MSDS 000380 DETAIL 00146 SUPPLIERS NAME : Harcros Chemicals Inc. 5200 Speaker Road Kansas City KS 66106-1095 . SUPPLIERS PHONE: Nt_1:13ER : • TRANSPORTATIONtEMERGENCY • ...A .4! 7),+-4,1‘ C-11;45.1N04:-.4t;j:7#,Ale!•'!-W-•71.491; •4"/"-: ' • Ny , I _Tpf A R :A NFO • . , " • . • - ' HAZARDS - Acute Pressur ty '-.•• • . • . * • ' PHYSICAL DATA : Pure Gas ." SECTION I HAZARDOUS INGREDIENTS 1 Ingredient 1 MAX j SARA 1 AIR CONTAM (1 LEVELS Cas Nim5er / 1, APPLIES 1 14A/ILV STEL I • CEIL. SKIN1AGE:N1 • • W/W 1312131313721 (ppm) • (ppm) • * r 1-411 or ine - 1100.0 Y Y r ir• o.s • • N :.; OSHA !Chlorine, Liquefied 1 1 I 0.5 1 N ACG11 1 (CAS # 7782-50-5 1 1 1 1 • 1 1 1 1 1 •-- bECTION II HEALTH HAZARDS . , )TENTIAL EFFECTSOF EXPOSURE - • ?ES • -_ • . ; Eye contact with product iftay Cause S.evere rri fation' redness tears burns impaired - , .- v s i on ' ie damage SKIN SI-in contact may cause irritation redness swellinc! burns. excc.sss fluid retention (edema. b istering) tissue destruction NriA L I ON Inhalation may cause irritation coughing burning sensation chest pain vomiting headache reathing difficulty pneumonia excess fluid reLention (pulinonary odem:-.) lung U.:I:nage, damage t respiratory system - - )ntinued en Parit: 2 • LT. R. I f..3 F lr (-) E - - PROXLOT NAME : CHLORINE 0..2.to: 6-JAN-199C, 15:/a;:49.6):: 'X CODE : 05247 20004 CYLINOF. -- -- SECTION II HCALTH HAZARDS (CONTUlJzi - olonged or repeated overexposure by inhalation mw cause em;Illy-:.ema eret% of teeth INGESTION Tlgestion may cause irriLation burns nAusea voAlitinn diarche•. pain" ileeding tissue ulceration TARGET ORGANS OVEREXPOSURE MAY CAUSE DAMAGE TO. :yes lungs teeth FIRST AID FIRST AID EYES • Imgmdiately flush eyes with plenty of water for at least 15 minutes, wMle holding eyelids apar o ensure flushing of entire surface. Call a physician. F I RST-i:AI N : • : • _,,V4fiPT-A147:7::::* *• ;;■7; • at , w py,: f..w4pfattorat,71, ieh.iy; z :rat, .• - P • - 7 1 ReMove'•0 freshair.,, If not breathing - - - f breathing is difficult give oxygten.: Ca117a physician. : _ _ FIRST AID INGESTION Do not induce vomiting. Rinti.e mouth with water. Dilute stomach contents by water. cmiting occurs spontaneously, keep head below hips to provent breathing vomit into lungs physician immediately. .r INFOIRMATION", 'ES OF contact skin contact inhalation • OVERE AY AGGRAVATE DI SOROERS OF THE respiratory system''' CARCINOGEN STATUS • No Components, present in excess of 0.1/ by weight are listed as carcinogens by TARC, NTP, of OSHA. SECTION III SPECIAL PROTECTION . . PROTECTIVE EQUIPMENT PROTECTIVE EQUIPMENT EYES - facethield gatttight chemiCal gogglesOdINoi!Weae:;:conact,...lenteswhen wor*ingwithchemidals _ . PROTECTIVE EQUIPMENT SK N . impervious gloves rubber apron rubber boots clean protective clothing PROTECTIVE EQUIPMENT INHALATION If exposure limits are exceeded, or if exposure may occur, in..c a NIOSH/mSHA respirator approv:. or your conditions of exposure. Rei'er to the most recent NIOSH publications concerning ch;:mic tazards, or consult your safety •quipalenL supplier. Respiratory protection programs must be ir ccmpliance with OSHA requirements in 29 CFR 1910.134. For emergencies, a NIOSH/MSHA Approved Positive pressure breathing apparatus should be readily available. VENTILATION REQUIRED: Adequate ventilation is required to minimize exposure or to maintain exposure levels below Continued Cn Page .. G� n 4-. -. L y s f tiwC . . _ •�C 1 t�fi .h - f E E t I: 1� L- S 1\ f=: IA E.. E. '( iP 3 PRODUCT NAME : CHLORINE Crate: 5- JAN -1995 1S:48:S0.57 "T CODE : 05:34? 2000h 1 •Y1. I M it. • SECT ..JN III SPECIAL PROTECTION (CCNTINUJE0 O -(A /ACGIH requirements. Local mi'?ehanicai ventilation mil} be rt•yuired. Vapors, are heavier than air and will collect in low areas. ADDITIONAL PROTECTIVE riEASORCS _ kfety shower, eye wash tountaiin, and w;r_••hing faci! iti= should be readily available. • SECTION IV FIRE & EXPLOSION HAZARD DATA • flash Point (METHOD): : > OR _ N/A Flarmn;ble Limits (1 Volume in Air) UPPCR: N/0 E.u!A;er•: N • HAS Info Heal 4 Ni-PA Info Health y, r N,ik �• s .i�. '`.aj' 1' e` "na - £ 1 .. ri ' r', a -�•- z YT's (? r� r r�. ; '�'_. { tom -.t"- ; �r c '* � "F.43R s _+. ' { K a x .{: ¢ `s�J � � V % �Cc�C �U s t , _ ' s' ry -r t i 6 y ' `t s � t, � . . t � � l .�. C , ...,,� �y„ �. Da10611 SHI Nu '11115,44.'*'**: � ' � � P , , K * � TO vr< -. - - L t .. Ji t -dia appropriateor. ::,urrounding fire a [RE .FIGHTIN3 PROCEOV::ES Prevent human exposure to fire, 'Wales, .-,. e . . P u..F.e, and product. of r.au5u.t�on: Evacuate non essential personnel. Firefighters should wr.• ::cr full face, ...el t contained breathing a pparatus . -rid i ,ervious protective clothing. De not use a direct Streau of water. Use water to cool` c.,ntainers exposed to fire.-- - � ,• AL FIRE & EXPLOSION HAZARD, • se heat may 'ca se pressure buildup and rupture cont:.i it er Product is an ox rdizer f; It .may 3Y xk r :act Vigorou�ly wit organics or other Mat'er' s ,r'eSul Ling in an eXiilos a nd 'i it`o SECTION V PHYSICAL DATA Boiling Point: > OR _ -29 deg. F Freezing Point: -150 deg. F Specific Gravity (H(2)0=1): > OR _= 1.1000 @ 60 d;. >q. F Vapor Pressure (M FIG.) : N/0 Vapor Density;., :(AIR =1) : >. OR 2.50000 • Evaporation Rate( NA =1): N/0 >`' Solubility- 7 Wiliater . - 17.= = Percent Volatile by Volurne: > OR _ , 00.00 H: aqueous a pH: approx. > OR =� 5.000 Appearance: LIQUIFIED GAS UNDER PRESSURE Odor : SHARP SECTION VI REACTIVITY 'DATA - inued 0.1 Page 1- .73. E PRODUCT NAME : CHLOR1NC Date: Li-JAN--19)G 26:48:57.3i — 42CT CCOE : 0:3847 20001i CYLIWC V PHYSICAL DATA (CCNTINt__ STMILITY Stable INCUIPATACILITY amphoteric metals matals/me.tal blends inorganic acids inorganic bases organic acids orgar bases Product reacts violently wi ll my materi-als even at normal tecioeratures. Product 40 oxidizer. It may reart vigorously with oroanic.i. or other mal.priz.is resulting in .1n fxpio74o6 fire. Avoid contact with strong reducing agents which include hydro hydra:ine, sulfideS, sulfites, and nitrites. Avoid contact with Awphoteric-metals which include alLminGm. copper. zinc. CONDITIONSTOAVOID - • :;■ - • a Heat hted elictric i 1.. (2I t r c-74:..acc spark s:::..10C fl th'S ObEZ4Vk1iAt ;Nk-J' - • P 4i=AV4i: .......... . „-- SECTION VII SPILL AND LEAK PROEOE.JU - _ STEPS TO E:E TAKEN IF MATERIAL RCLEASLO o:- SP1LLFO: Evacuate non essential personnel, eli .wnate ignition ..,uurceii, and we..w protective equipmenet Section III). Shut oft source of leak onlyHf safe to do so. Contain spill. Kecover Tree r To clean up residue, fluth waler or use :.Iii.ab Avoid runoIf%i ■ And water, surface wters, and sewers.',, be nce::.ssary to Ofif4Dit' contamiwited uct is 71 wrimab)e & COMbLP:A. 1 , 1 e, tool II acid l:y (1 uw pH) - is a pe7 • neutrali:ze with hYdrated lima, soda ash, orTSodiwil bicarbonate. -if alLalinity (high pH):.tfla • 4- problem neutralize with dilute acetic acid Or dilute, hydrochloric (lcuriatic) acid. If reqUI notify state and local authorities. 0a . not put Water on a chlorine DISPOSAL METI-CD Dispose of material in accordance with all Federal, State :And local regulations. Local regulations may be more stringent than Feder:Al or Avoid discharge to or w:Iterw•:: • SECT(ON VIII • • - • - Proper. Shipping Name: CHLORINE POISON IN4CA1 JON HAZARD ZONE 6- . - • , • Label Requirements: POICCN CA'.3 Reportable pJantity: All ship.w.!nts are reportable SECTION IX ADDITIONAL INFORMATION PRECAUTIONS Wear protective eguipwnt when handling. Use only with adequate ventilation. Wash thorough". after handling. Do Not breathe gas. Do Not get in eyes, on ...kin, or clothing. Keep from Continued 0.1 Facie. r rri 1 c 1'1 r E "T` sy " r-7 F r NAME : Date: 5-JAN-1996 15:48:52.67 I : 05r.: 700n4 • CTICN TX Ar')ITIcNAI. • (CONTINUEC contact with clothino or to combustible m rso not ...wallow. ANDLINs.3 Not anolv heat to. chlorine container. Keeo heat. liohts. fire. And sparks away.. ATTPNTICN: This contAiner :ta7ardous when PrIptied. Since ;:w.ntied container contains product f siducs (vaoor or liovid), 1 lebeled h-ard Precautions mAst be ob.%erved. TCPAGE Strt. in a cool dry place. Tani: and eouifritent manufacturers -:.hould bo consulted concerning the oracle •)nd transooration of this product. Keep out of reach of ehildren. ECT ION X rfiT I AVCEd rORMAT I ON, , i7=' r - r ;;;Z=•.:1" t-4449 .0 "• V4,■: t•-• • .......=""..%;e„,* .1., - 4 ' t'"‘ • • %F.. . _ v•s " , V"... • - „rf,.•+ •- ■ lAXIK.K nLEVEL: 77— . .••• 10 - ' - • 'AI 'Wm: GEmr..7 TI)Pkg'R DATE ISSUED: 921218f DATE REVIS LE3S THAN N/A - NOT APPLICA8tE UNK UNXNOWN T r' t !•• - .! - ' N / l'NX.Yr DETERMINED J )T FSTACI.TS1-1::0 , . - The information' Provided in this Material Safety data sheet has . been obtained from sou .lieved to :.)e reliable. llarcro... Chemicals Inc provides no warranties, either expressed or ac.suTos no resoonsibility for the accuracy or comoleteness of the data contained herein. This inform al offered for your information. consideration . and investioation. - ",u should satisfy yourself that you have all current data relevant to your particular use. Nrcros Chemicals Tnc 'Knows of no frAical condition, other th. those noted on this material,:., safety data sheet. which are oenerallv rccoonized as,beinq aooravated by exposure to this prOiluc • et 0 • July 2, 1996 To: Mayor Stacy, City Councilmembers, City Manager, and City Staff From: Concerned Members of Cimarron Acres -- Talabers, Wilders, Wilsons, Andersons, Holmes (now Gerners) and Tucker At the public forum on June 4, Linda Wilder and Theresa Talaber presented a brief background on the West Location for Ground Water Storage Tanks on Pearson Lane. The councilmembers were provided with the March 2 presentation, petition and engineering recommendations on this issue which Bob Whitehead also has a full copy. • We are appreciative of the support of the city councils and the commitment of city staff (Bob Whitehead) to work with us on selecting a site that is not in the middle of our neighborhood, not next door to our homes, does not utilize Jordan as the city's entrance to the facility, and maintains the natural wooded environment of the property. Now at the eleventh hour, after 2 -3 years of researching various sites, a site has been chosen and the 15 -acre lot has been purchased (at citizen suggestion), the city engineers and architects have finalized the blueprints (awaiting the recently rescheduled Planning & Zoning Committee meeting approval), bids have been solicited for the July 3 opening, the city is at the end of the timeline for summer 1995 construction, a few neighbors may come forward and say they have not been aware of these actions. • The following is some additional history to confirm that communication has been flowing between Bob Whitehead's office and the neighbors of Cimarron Acres that availed themselves to the information. In late 1995, discussions and plans were initiated for the site off Pearson next to the Keller tanks. Several Cimarron Acres neighbors attended these H2NO meetings where the Keller citizens found this location unacceptable and protested strongly. In early February, the Colleyville - Southlake newspaper interviewed Castleberrys and Osbornes on the newest tank location. On February 12, homes in this neighborhood received a flyer from the H2NO group that although they had suggested other sites, the city was looking at the corner of Harrell and Dove. L. Wilder researched this erroneous address, found that the site was the corner of Harrell and Jordan, and alerted neighbors. The H2NO group presented on February 15 in Keller and J. & L. Wilder, J. Holmes, W. & L. Charles, R. Castleberry, A. Wilson from C. A. attended and were also invited to a meeting at the Wilders to discuss this with Cimarron Acres. There is no neighborhood association in our subdivision and the phone tree was initiated for the meeting information. On February 21, Bob Whitehead and Eddie Cheatham gave the background on the other 3 -4 sites and reasons for not choosing them. From that meeting, it seemed the neighbors realized that an optional site must be chosen at this late stage in the planning so additional sites were researched. One idea brought forth was the corner property. One neighbor, W. Charles opposed that idea and even after the meeting discussed with other neighbors that she was opposed to it. The Charles' called the Snows (landowners south on Pearson), Wilder and Talaber met with Brumbalow brothers, and no other sites were found to be feasible. From this point on, those most interested became involved in preparing an alternative to the city. Over the next 2 weeks, these neighbors called city council members and prepared the data for the March 2 meeting. The Talabers were early for the meeting and invited in to the working session to present the technical report. The group was opposed to the tanks so close to the homes and showed how the city could save money by constructing the tanks at the corner lot. Ready to speak (favorably) at the public forum were J. Anderson, A. Wilson, J. Holmes with other neighbors attending, but since the council agreed to place a bid on the whole 15 -acre lot while considering the tanks on the corner, there was no need for additional comments. Those concerned kept in touch with Bob Whitehead and city councilmembers by phone about the process of buying the land. When the blueprints were prepared Bob called J. Wilder and on May 23, an impromptu meeting was held at the Talabers with Bob Whitehead and those neighbors who had attended the city council meeting, to discuss the blueprints. On May 28, a flyer (copy attached) was put on all neighbors' doors that the Wilders were having the update meeting on May 30. The response was from the same families as the week before at the Talabers, plus J. Castleberry. Neighbors came up with a list of recommendations for the site plan (concrete vs. steel tanks, construct Phase 1 closer to 1709, remove the Jordan fence, encourage abundant landscaping, keep 7 ft. brick fence, and residential style control houses). No opposition or discontent was expressed from Ms. Castleberry. The following night, Friday evening at 9 pm, W. Charles visited the Wilders for over an hour during which time she was advised of all points discussed at the previous night's meeting. She expressed discontent and took home one of the blueprints. To summarize the situation, those concerned members of Cimarron Acres involved since early February, are appalled that apathetic neighbors who have spent no time and energy thus far, are now voicing opposition. Frankly, we feel that it is in the best interest of our families to have the city's water tanks at the corner rather than in the middle of our neighborhood. The owner of the vacant lot at the corner of Jordan and Pearson is also building a home on Gray Street and does not oppose the tanks at the corner lot. Since the city owns the entire acreage, this presents an excellent opportunity to preserve the natural wooded area in keeping with the beautification of Southlake philosophy. MEMORANDUM TO: Cimarron Acres Homeowners FROM: John and Linda Wilder DATE: Tuesday, May 28, 1996 SUBJECT: Informal Water Tank Update Meeting You are invited to our home this Thursday, May 30, at 7:30 p.m. for a current status report on the property sketched below. John and I have been involved in the water tank issue from H2NO to present. Water tanks are coming. Come Thursday to see how this impacts our neighborhood. Also, remember that the run -off election for Mayor is on Saturday. Our subdivision has had the support of Michael Richarme and Sally Hall. We encourage you to support Michael Richarme as he is committed to help beautify our subdivision with landscaping and reconstruction of the existing fence. i j t Dr 1 U e_ f u r c h' ; �� i t _` re vrL / cam i June 4, 1996 To: MAYOR STACY, CITY COUNCILMEMBERS, AND CITY MANAGER From: Concerned Neighbors of Cimarron Acres, represented by Theresa Talaber and Linda Wilder Re: West Location for Ground Water Storage Tanks Because of the city's growth and imminent need for water ground storage, several sites for the west location have been researched so that construction may begin this summer for mid -1997 water availability. Late in 1995, discussions and plans were initiated for the site off Pearson next to the Keller tanks. The Keller citizens found this unacceptable and protested strongly through the H2NO group. The city reviewed other Southlake sites in the same vicinity. On Feb. 21, Bob Whitehead and Eddie Cheatham, city engineer, informed and confirmed the outline of the plan for the site in the corner of Jordan and Harrell. At the March 2, city council meeting, concerned neighbors delivered a presentation, petition and engineering recommendations in the working session. We have provided these for your review and historical viewpoint. In summary, we stated emphatically that we did not want the tanks at that site for these reasons: -- The enormous tanks (40' high and 145' in diameter) would be within 60 -70' of a residence and the access driveway would be in front of another home. The diameter of 1 tank is half the length of a lot in Cimarron Acres. -- We had a safety concern for water overflow, truck traffic, noise pollution, and the potential use of chlorine for emergency purposes. Small children live in these homes. -- The inevitable devaluation of homes and property concerned us greatly. A condemnation appraisal was 20 -36% reduction in the value of the homes and property. No one wanted this situation to end in litigation. We were very opposed to the proposed site at Jordan and Harrell for these reasons. Citizens of this area began to explore other possibilities. We knew the city's obligation to provide water soon and that a location close to 1709 and Pearson was optimum because of the incoming line from Keller. We made two suggestions. The technical report shows in detail how much money could be saved on the tank construction just by locating the tanks at the northeast corner of Pearson and 1709, the closest possible location to the incoming Keller line. The suggestion to purchase the whole 15 -acre lot and therefore offset the cost of the corner lot for tank construction was completed in late April. The city of Southlake now owns the whole lot and has prepared plans for the water tanks in the corner of the lot which have been submitted for the approval process. We greatly appreciate the thoughtful consideration of the city council, in saving the neighborhood of Cimarron Acres from having the water tanks next door to our homes in the middle of our subdivision, and one of our neighborhood streets from being the access road for the city. We feel that the move to the corner was very "neighborhood- friendly" and are grateful for the city's pledge that our neighborhood would be apprised throughout the planning. Bob Whitehead and others have followed through; another point we appreciate. We appeal to you to insure these ground storage tanks at the west entry point to Southlake will preserve the city's commitment to excellence in development and architecture along the city's corridors. We have some additional recommendations to submit to Planning and Zoning -- that placement of the Phase I tank is closest to 1709 and farthest from our Jordan homes and that the tanks be constructed of concrete with brick trim instead of the typical steel for aesthetic value and less long -term maintenance. We encourage you to fulfull the plans for the 7' brick fence, abundant landscaping, and residential -style control houses. It is very possible the remainder of the property could be sold, since the city purchased a site off Continental for the rest of the public works facility. The middle portion is a prime site for an office building, with the lots facing Jordan potential residential sites and lastly, the eastern 5 acres are a natural wooded area and would be an excellent site for a walking trail, a small park, or open space. We appreciate your consideration of our neighborhood. We understand your responsibility to provide water for the city of Southlake by constructing these tanks in our area of the city. March 2, 1996 To: Mayor, City Manager, and City Council Members of Southlake From: Neighbors of Cimarron Acres and Nearby Residents Proposal: Water Storage Tanks for City of Southlake Concerned neighbors of Cimarron Acres and residents nearby, request the City move the proposed site for the City's future water tank(s) away from this subdivision. On February 21, 1996, we held an informal meeting with Mr. Bob Whitehead who confirmed and informed us of the. City's plan. If the tank(s) must be in this general area (FM 1709 and Pearson) as is our understanding, we would like a voice in the site and the beautification thereof. A. CONCERNS REGARDING CURRENT PROPOSED SITE 1. The proposed five million gallon tank(s) would be within 60 -70 feet of a residence and within a residential subdivision. They would contribute noise, pose safety concerns, and be incongruous in a neighborhood of quality homes. 2. There are several small children living next to or across the street from proposed site. This is a safety concern for water overflow, truck traffic, and potential use of chlorine for emergency purposes. 3. The inevitable devaluation of homes and property in the entire area is a concern. A condemnation appraiser has quoted 20 -36% reduction in value of homes and property. Realtors have agreed with this. No one wants this situation to end in litigation. Citizens of this area have met, discussed, and explored numerous possibilities for the new water tank(s). We hope you and other city officials give thoughtful consideration to us and our ideas. We believe the options below would benefit the City as well as our residential area. • S Page 2, Water tank proposal B. OPTION #1: BUY AND BUILD IN CORNER LOT OF FM 1709 AND PEARSON ROAD The new location would offer cost savings on the project that would offset the acquisition cost of the property and negative impact on a few homes. See #1 -5, and #11. 1. Tanks will be as close to the 30" incoming line as possible. 2. This would avoid running additional 30" pipe the length of Jordan Road. See technical report. 3. This would avoid running 20" pipe for return line from tank to existing pipe leading to the rest of the city either the length of Jordan or under the frontage property. See technical report. 4. This would avoid running additional electrical services either the length of Jordan or under the frontage property. See technical report. 5. Since the elevation is higher at the current proposed site, the tanks could be taller, with a smaller diameter, thus decreasing the amount of land needed /purchased. See technical report. 6. In an emergency situation, Southlake would get the water before Keller. 7. Instead of trying to hide the massive 40' tall tanks in a subdivision, the tanks could be beautified and used to welcome people to Southlake. 8. No one particular home would be closer than a half -block to the tanks. 9. This would reduce the majority of safety concerns with children in the neighborhood. 10. Diffuse the impact of the tanks over a broader area rather than concentrate the negative impact on a few homes /homeowners. 11. There would be minimal devaluation of homes and property. 12. Main roads could be utilized for truck traffic (entrance on FM 1709 or Pearson) rather than a quiet residential street. . Page 3, Water tank proposal C. OPTION #2: BUY ENTIRE TRACT OF PROPERTY AVAILABLE FROM PRUDENTIAL BACHE, LOCATING WATER TANKS AT THE CORNER OF FM 1709 AND PEARSON ROAD 1. The tanks would be located at the corner of FM 1709 and Pearson Road with the benefits listed in Option #1. 2. The cost between frontage property and other property would be averaged. 3. This would provide a space for other city needs. Acceptable utilization of property: - - Library - - Park -- Public Works (request residential architecture) We request no police or fire department. 4. The City could utilize existing brick columns along Jordan for enclosing the property. 5. The beautification of the area would help improve Cimarron Acres subdivision. We would ask the city officials to consider other sites before placing the tanks on the current proposed site. If there are no other sites, we are asking that the tanks be moved to the corner of FM 1709 and Pearson Road. The entire city of Southlake will be using the water and with the tanks at this corner, it will lessen the burden on any one particular homeowner or subdivision. We appreciate your careful consideration and • - libera ion on t is matter that will significantly impact our homes and property. . �. 13 . r - k, • . As /111.95 APJ � _ - ' / ksk eeoIC f2.) i ! wwffe �• rzrom .%/ r/'"~1:0 may . 6'N / 7 L / , V .a � /7 o C ; r�nn • � ` ( - Page 4, Water tank proposal • % ,U.,_ _.� .... . ' d A .. -- 11--• - / - _A _ . , m • f ? t i, - L t .:__ . 67 Ve 4 d 7) ` 11/ A..411,.. C .irir;J __ L ?W-/ Lt Lt 1 I:e i 4e97 /7 EA 2 /444e--- > 7 ? - ) 6 , 5 c%Ci RF MAX Mi'd - 2L • • ENGINEERING RECOMMENDATIONS TO RELOCATE SOUTHLAKE PROPOSED WATER TANKS During the past few months various resident and special interest groups have had conversations with the city of Southlake concerning the location of the newly proposed water tanks. The latest ve: sion of these talks is to relocate the proposed site from adjacent to residences of Cimarron Acres to the property adjacent to the intersection of FM 1709 and Pearson Road. These recommendations are to raise concerns and economic questions concerning the residents' proposal to relocate the tanks to the intersection of FM 1709 and Pearson Road. Attached is a cost estimate to provide the background for the recommendations. The areas to be discussed are the cost of the 30 inch incoming water line, 20 inch discharge water line, electrical source for the pumps, operational concerns, and the overall required area for the tanks. Cost values for the various water pipes have been obtained from an independent agency. The routing of the utilities into and out of the tank area will be examined in regard to the manner that private companies would view the related issues. Routing the water lines directly through the property south of the proposed tank site will require an exclusive surface easement. This will alter the best use of this property and consequentially will effect the value of the property. The cost differential between running the 20 inch water line straight south versus the perimeter route is approximately $63,500. The attached cost estimate will provide the basis for the estimated $230,700 to install water piping along the perimeter of the property. The electrical source falls into the same category as the water pipes with regard to crossing south to the existing power lines. There has been a simulation of the piping and pump station run to make an attempt to determine the pump horse power requirements and to determine the primary conductor sizing for the cost estimate. The associated cost to install the electrical service to the city proposed location is approximately $6,520. The aforementioned simulation has given me the indication of the discharge pressure of the pumps to be located adjacent to a residence is 375 Pounds per square inch. The type of material that has been discussed is a corrugated steel concrete coated pipe. I question the pressure rating of this type of pipe. The utilization of steel piping and tanks will require the installation of a cathodic protection system. The concern is in regard to the remainder of the piping that is steel and whether a cathodic protection system is currently in use. This topic will in the long term deal with the possibility of leaks in these water pipes due to corrosion. A system that is only partially protected will suffer additional problems due to this partial protection. The city proposed site will allow the city to install tanks that are 40 feet tall and the diameter of approximately 145 feet. Comparing this to the length of the private lots in Cimarron Acres in the adjacent area these tanks have the diameter that approximately half as long as the lots. Several of the residents of Cimarron Acres have examined the area adjacent to the intersection of FM 1709 and Pearson Road. Mr. Bob Whitehead of the city of Southlake has maintained this location, FM 1709 and Pearson Road, the critical location for the tanks to be located. The property near the location of this intersection is slightly lower in elevation estimated at 20 feet below the current location. This will allow the tanks to be taller to maintain the same elevation of the Keller tank. By making the volume constant and the tank taller the diameter will reduce correspondingly. The attached cost estimate has the calculation for the difference in the tank diameter with respect to the height. The maintenance access for the tanks should not change with the change in the diameter. The smaller tanks will allow the site to be contained in a smaller area. An estimated cost savings due to the smaller area is $49, 917. The taller tanks will allow the city to reduce one of the dimensions of the plot by approximately 27 feet. In summary by locating the water tank near the location of FM 1709 and Pearson Road the cost savings is approximately $287,137. This will help off set the additional cost of the property in this area. Therefore the location near this intersection will be the optimum location of the Southlake Surface Water Storage Tank. • SAVINGS TO RELOCATE WATER TANKS Accumulative cost Size Length Material Labor Ditching Total 30 1,100 $65.00 $25.00 $10.00 $110,000.00 * 20 1,100 $36.00 $24.00 $17.00 $84,700.00 12 800 $22.00 $14.00 $9.00 $36,000.00 * 20 275 $36.00 $24.00 $17.00 $21,175.00 Cost to extend piping around perimeter of area $230,700.00 $230,700.00 * Either one of these two options but can't consider both ELECTRICAL COST Horse Power Voltage Current 3200 12.47 138.16 Lighting and Controls 10.00 Motor Starting currents 34.54 Total Electrical requirements 182.7 Wire size is 1/0 at 15 KV Item Cost Quantity Wire cost 5.75 800 $4,600.00 Conduit cost 2.4 800 $1,920.00 Total Electrical Cost $6,520.00 $6,520.00 TANK SIZING Volume Height Diameter 5,000,000 Gal 40 Ft 145.86 Ft 5,000,000 Gal 60 Ft 119.09 Ft Estimated Maintenance Access 40 Ft Reduction in required area due to taller 26.77 Equates to the area in square feet 9983.51 Reduction in the land cost per $5.00 9983.5 $49,917.55 $49,917.55 Total Cost Reduction of RELOCATING Tanks $287,137.55 • *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ENGINEERING DESIGN PROGRAMS * * *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** KINETIC PUMP REQUIREMENTS Date: 02 -29 -1996 Project Name: Southlake Water Tanks Tag Number: Base Case INPUT PARAMETERS: Flow Rate (gpm) 8334.00 Pump Efficiency Factor (fraction).: 0.60 Motor Efficiency Factor (fraction): 0.92 Atmospheric Pressure (psia) 14.65 Liquid Vapor Pressure (psia) 4.00 Specific Gravity (water = one) 1.00 ** *FROM SUCTION SOURCE TO PUMP INLET * ** Suction Source Operating Pressure (psig).: 17.00 Height of Fluid Above Pump Reference (ft): 10.00 Frictional Losses (psi) 4.00 -‘* *FROM PUMP OUTLET TO DISCHARGE POINT * ** Discharge Point Operating Pressure (psig): 375.00 Discharge Point Above Pump Reference (ft): 5.00 Frictional Losses (psi) 10.00 Flow Control Valve Losses (psi) 20.00 RESULTS Suction Head, feet 40.03 Discharge Head, feet 940.55 Total Dynamic Head, feet 900.52 NPSHA, feet 64.63 Brake Horsepower 3158.64 KWHR /Day 61456.19 *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ENGINEERING DESIGN PROGRAMS * * *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** KINETIC PUMP REQUIREMENTS Date: 02 -29 -1996 Project Name: Southlake Water Tanks Tag Number: 12 inch base case INPUT PARAMETERS: Flow Rate (gpm) • 4020.00 Pump Efficiency Factor (fraction).: 0.60 Motor Efficiency Factor (fraction): 0.92 Atmospheric Pressure (psia) • 14.65 Liquid Vapor Pressure (psia) • 4.00 Specific Gravity (water = one) ...: 1.00 ** *FROM SUCTION SOURCE TO PUMP INLET * ** Suction Source Operating Pressure (psig).: 17.00 Height of Fluid Above Pump Reference (ft): 10.00 Frictional Losses (psi) • 4.00 * *FROM PUMP OUTLET TO DISCHARGE POINT * ** Discharge Point Operating Pressure (psig): 375.00 Discharge Point Above Pump Reference (ft): 5.00 Frictional Losses (psi) • 10.00 Flow Control Valve Losses (psi) • 20.00 RESULTS Suction Head, feet 40.03 Discharge Head, feet 940.55 Total Dynamic Head, feet 900.52 NPSHA, feet 64.63 Brake Horsepower 1523.61 KWHR /Day 29644.10 *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ENGINEERING DESIGN PROGRAMS * * *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** HAZEN - WILLIAMS EQUATION - Flow Rate Calculation Date: 02 -29 -1996 Project Name: Southlake Water Tanks Tag Number: 12 inch base case INPUT PARAMETERS: Internal Pipe Diameter (inches): 12.00 C Factor (dimensionless) 100.00 Specific Gravity (water = one).: 1.00 Inlet Pressure, P1 (psi) 375.00 Outlet Pressure, P2 (psi) 34.00 Elevation of Pipeline ... Inlet, H1 (ft) • 200.00 Outlet, H2 (ft) • 280.00 Actual Pipe Length (ft) • 13200.00 Erosional Velocity Constant ...: 100.00 Equiv. Length for Valves, & Fittings (ft): 0.00 RESULTS Flow Rate, bbl /day 137818.92 Flow Rate, gpm 4019.72 Pressure Drop Per 100 feet 2.58 Frictional Losses, psi 306.10 Actual Velocity, ft /sec 11.40 Erosional Velocity, ft /sec 12.66 Minimum ID to Avoid Erosion, inches 11.39 *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ENGINEERING DESIGN PROGRAMS * * *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** HAZEN - WILLIAMS EQUATION - Inlet Pressure Calculation M Date: 02 -29 -1996 Project Name: Southlake Water Tanks Tag Number: Base Case INPUT PARAMETERS: Flow Rate (gpm) • 8334.00 Internal Pipe Diameter (inches): 20.00 C Factor (dimensionless) • 100.00 Specific Gravity (water = 1.0).: 1.00 Outlet Pressure, P2 (psig) • 40.00 Elevation of Pipeline ... Inlet, Hi (ft) • 200.00 Outlet, H2 (ft) • 250.00 Actual Pipe Length (ft) • 42240.00 Erosional Velocity Constant ...: 100.00 Equiv. Length for Valves, & Fittings (ft): 0.00 RESULTS Inlet Pressure, psig 375.54 Pressure Drop Per 100 Feet 0.79 Frictional Losses, psi 313.63 Actual Velocity, ft /sec 8.51 Erosional Velocity, ft /sec 12.66 Minimum ID to Avoid Erosion, inches 16.40