M&C Review


COUNCIL ACTION:  Approved on 1/23/2018 - Ordinance No. 23085-01-2018 & Resolution No. 4896-01-2018

DATE: 1/23/2018 REFERENCE NO.: G-19209 LOG NAME: 23MSD 1401 SWIFT ST
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: YES
SUBJECT:   Conduct Public Hearing, Adopt Resolution Supporting the Application of the Fort Worth Transportation Authority, for a Municipal Setting Designation for the Property Located at 1401 Swift Street, Fort Worth, Texas, to the Texas Commission on Environmental Quality, and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9)

RECOMMENDATION:

It is recommended that the City Council:

1.  Conduct a public hearing on the application of the Fort Worth Transportation Authority, for approval of a Municipal Setting Designation for the property located at 1401 Swift Street, a 0.556-acre tract, more fully described as Lot 1, Block 1, Ashland Addition, Fort Worth, Tarrant County, Texas 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 for a Municipal Setting Designation for the site; and

3.  Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site.

 
DISCUSSION:

On October 23, 2017, the Fort Worth Transportation Authority filed an application with the City seeking support of a Municipal Setting Designation (MSD) for a property located at 1401 Swift Street, Fort Worth, Texas.

Staff from the Planning and Development, Transportation and Public Works, and Water departments were given the application to review. No comments or concerns were received. Notice was issued, as required by ordinance, and a public meeting was held at the Northside Community Center on December 6, 2017.

The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that occurs at depths of approximately nine feet to 20 feet below the ground surface. The affected shallow groundwater is underlain by a confining layer of approximately 200 to 300 feet in thickness that serves as a regional aquitard preventing vertical migrations of the chemical of concern to underlying potable aquifers. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The chemical of concern detected in the designated groundwater is lead. The lead contamination is attributed to historic, non-specific, industrial activity on the adjoining properties, which includes an asphalt plant and heavy rail operations.

The Fort Worth Water Department provides water service to all existing residential and commercial/industrial properties located in the area and within a half mile of the MSD boundary. All undeveloped properties with a half mile of the site are eligible to receive water service from the Fort Worth Water Department in accordance with the Texas Water Service Certificate of Convenience and Necessity (CCN No. 12311) (City of Fort Worth) and the City of Fort Worth Policy for the installation of Community Services.

In 2003, a state law came into effect creating the concept of a Municipal Setting Designation (MSD). The purpose of an MSD is to provide a means by which TCEQ may limit the scope of investigations and response actions for groundwater contamination at a site, provided the groundwater is prohibited for use as a potable water source. "Potable water" means water used for drinking, showering, bathing, or cooking, or for irrigating crops intended for human consumption. A person, typically a developer, must apply to TCEQ for certification of their property as an MSD. If granted, they will not be required to clean up designated groundwater within the MSD 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.

In January 2005, the 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, 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. This MSD application is the 28th within Fort Worth city limits.

Approval of this MSD application by the Texas Commission on Environmental Quality will support the advancement of the TEX Rail system by allowing necessary rights-of way to be obtained without unnecessary requirements placed on the developer to take actions to address historic contaminated groundwater. There are currently no land use plans for these areas beyond establishing rights-of-way.

The location is in COUNCIL DISTRICT 9.

This M&C does not request approval of a contract with a business entity.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that this action will have no material effect on City funds.

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Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head:
Brandon Bennett (6345)
Additional Information Contact:
Cody Whittenburg (5455)

 
 
ATTACHMENTS
  1401 Swift St MSD_map.pdf
  1401 Swift St_MSD_Resolution.docx
  MSD-0028_1401 Swift St_ MSD Ordinance.docx
  water lines map_1401 Swift Street.pdf