HomeMy WebLinkAboutResolution 3187-04-2005
A Resolution
IN SUPPORT OF THE APPLICATION OF KIMCO MONTGOMERY PLAZA, L.P
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION AT 2600 W 7T" STREET FORT WORTH, TEXAS
xo.~-c~ I-acc~
WHEREAS Kimco Montgomery Plaza, LP (Applicant) has filed an application with the City of
Fort Worth, Texas, for the city's support of a Municipal Setting Designation for the property located at
2600 W 7th Street, Fort Worth, Texas, more fully described as Lot 1 Block 1 Montgomery Ward &
Company Addition, Fort Worth, Tarrant County Texas, the metes and bounds description being
attached hereto as Exhibit A (Site) and
WHEREAS a public meeting on the application for support was held in Fort Worth on Apri17
2005 and a public hearing was held in Fort Worth on April 12, 2005 and the affected community was
duly notified of same and allowed the opportunity to comment; and
WHEREAS, the City of Fort Worth is a municipality with a population of 20,000 or greater and
WHEREAS, an approved public drinking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one-half mile of the Site; and
WHEREAS, Applicant has filed documentation with the city stating that contaminants identified
within the designated groundwater associated with historical uses of the Site, that have been detected in
concentrations exceeding residential assessment levels for potable use include petroleum hydrocarbons,
metals, volatile organic compounds and semi volatile organic compounds, and
WHEREAS Applicant has further filed documentation with the city stating that this
contamination is contained within the shallow perched groundwater beneath the Site; and
WHEREAS, the City of Fort Worth, by ordinance, has prohibited the use of designated
groundwater beneath the Site for potable purposes as well as for irrigation, and
WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to
file an application with the Texas Commission on Environmental Quality for certification of a Municipal
Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W
and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory
provisions concerning groundwater contamination investigation and response actions at the Site; and
~.
41r'~'Y ~>~" >M'IDft"Il~ WdS'Jr"1~
,," _
a
•
WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best
interests of the community
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Supports Applicant s application to the Texas Commission on Environmental Quality for a
Municipal Setting Designation of the Site.
Adopted this 12th day of April 2005
ATTEST
APPROVED
CITY COUNCIL
~"'~
City Sec~o[ the
City of Fort Worth, Texas
APR 1 2 2005
City of Forf Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/12/2005 Res. No. 3187-04-2005 & Ord No 16369-04-2005
DATE Tuesday April 12 2005
LOG NAME 52MSD REFERENCE NO G-14746
SUBJECT
Approve Application from Kimco Montgomery Plaza L.P for a Municipal Setting Designation (MSD)
for the Property Located at 2600 West 7th Street; Adoption of a Resolution Supporting the
Application for an MSD to the Texas Commission on Environmental Quality and Adoption of an
Ordinance Prohibiting the Potable Use of Groundwater from the MSD
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Kimco Montgomery Plaza L.P for approval of a
Municipal Setting Designation (MSD) for the property located at 2600 West 7th Street, an approximate 46-
acre tract, more fully described as Lot 1 Block 1 Montgomery Ward & Company Addition Fort Worth
~ Tarrant County Texas ("Site') to allow the public the opportunity to give testimony
,---
2 Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality (TCEQ) for an MSD for the Site and
3 Adopt the attached ordinance prohibiting the potable use and other irrigation uses of designated
groundwater from beneath the site
DISCUSSION
In 2003 a state law became effective creating the concept of a Municipal Setting Designation (MSD) The
purpose of this Brownfield Economic Redevelopment tool is to certify properties in order to limit the scope of
or eliminate the need for investigation or response actions addressing contaminant impacts to groundwater
that has been restricted from use as potable water by municipal ordinance A person typically a developer
must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as
an MSD If granted the applicant will not be required to clean up designated groundwater on their site to
drinking water standards, although other cleanup standards such as inhalation and contact must still be
met. The application will not be approved by the TCEQ if the municipality where the site is located does not
give formal approval That approval must be by means of a City Council resolution supporting the
application and an ordinance prohibiting potable use of groundwater in the MSD (Potable water is water
used for irrigating crops intended for human consumption drinking showering bathing or cooking
purposes) State law says the ordinance. may also appropriately restrict other uses of that groundwater
In January 2005 City Council adopted an ordinance creating a procedure for persons applying to the TCEQ
_~ for an MSD to get support of that application from the City Council The procedure includes filing an
application with the City City staff review of the application for potential impacts to City interests, a public
meeting held for the purpose of providing information on the application to the affected community and a
public hearing
Logname. 52MSD Page .l of 2
On February 21 2005 Kimco Montgomery Plaza L.P filed an application with the City seeking support of
r. f~ ,f an MSD at 2600 West 7th Street, the site of the former Montgomery Ward catalog store
City staff from the departments of Environmental Management, Water Transportation and Public Works
Development and Engineering reviewed the application for potential impacts to City interests. No
comments were received within the comment period Public Notice was issued as required by Ordinance
and a Public Meeting was held in the community on April 7th 2005
The designated groundwater beneath the Site is shallow perched groundwater within the alluvial deposits
underlain by the Fort Worth Limestone .Formation Based on available information the groundwater table is
on average approximately 14 feet below ground surface (ft-bgs) and the top of the underlying limestone
formation is at an average depth of approximately 20 ft-bgs The limestone formation is a confining
geologic layer for the shallow groundwater table The affected shallow groundwater is not a designated
recognized major or minor aquifer
The chemicals of concern identified in the designated groundwater in concentrations exceeding residential
assessment levels for potable water use consist of petroleum hydrocarbons metals volatile organic
compounds and semi-volatile organic compounds. The parties responsible for the groundwater
contamination associated with historical activities conducted at the site include Montgomery Ward and
others
This Municipal Setting Designation (MSD) will be located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by_ Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Kathryn Hansen (8136)
Logname 52MSD _ Page_2 of 2