AGENDA CAPTION:
Title
Receive a Staff briefing and hold a Public Hearing to receive comments for or against Resolution 2021-230R, authorizing Pedernales Electric Cooperative (“PEC”) to use a portion of the Purgatory Creek Natural Area to install an access path beginning at Wonder World Drive and continuing for a distance of approximately 1,155 feet within the northern portion of the natural area for PEC’s vehicles, equipment and crews to access existing PEC Electric Distribution Facilities within an existing PEC easement, also located in the natural area, such access path enabling shared use by the City for park related purposes; authorizing the City Manager, or his designee to approve final plans for such installation consistent with this Resolution; and declaring an effective date, and consider approval or Resolution 2021-230R.
Body
Meeting date: November 16, 2021
Department: Parks and Recreation
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Background Information:
City Staff received a request from Pedernales Electric Cooperative (“PEC”) of the need for them to gain access to their distribution facilities within an existing easement that belongs to them within the Purgatory Creek Natural Area. They will be replacing existing poles and upgrading the conductors on the existing power lines. To access the area, it will be necessary to install an access path secured by a gate in the Natural Area for PEC’s vehicles, equipment, and crews to access the existing electric distribution facilities within the existing easement.
The access path will begin at Wonder World Drive and continuing for approximately 1,155 feet within the northern portion of the Natural Area. Under the proposal, the City would have shared use of the access path and would greatly benefit access for park maintenance and alternative access for first responders.
Attached is a map depicting the existing power line owned by Pedernales Electric Coop. It crosses the Site #5 Dam administered by the Upper San Marcos Watershed Assoc. The property behind the dam is a portion of Purgatory Park, which is administered jointly by the City of San Marcos and the Upper San Marcos Watershed Assoc.
The map depicts in various colors portions of the existing right of way for the power line and where vegetation removal is required for this project. Most of the vegetation removal will be under the path of the overhead power line within the right-of-way. There will be some small portions as indicated removed for access only. They will also require some trimming of tree limbs along a portion of one of the hiking trails in the park and PEC’s Arborist and the City’s Urban Forester are in contact with one another and will work together regarding any impacts to trees within the Natural Area.
Because these actions will be taking place within dedicated parkland it is required by Section 26.002 of the Texas Parks and Wildlife Code requires that a Public Hearing be conducted. The following requirements have been met:
1) Notice must be given at least 30 days before the date of the hearing
2) Notice must also be given to the public by publishing a notice similar to that specified in this section once a week for three consecutive weeks. (Oct 17, Oct 24 and Nov 2)
3) The last days of publication must not be less than one week or more than two weeks before the date of the hearing. (Nov 2 met this requirement)
4) The notice must be published in a newspaper of general circulation, which paper must be published at least six days a week in the county where the land proposed to be used or taken is situated. (Notices were run in the Austin American Statesmen in the Legal Section.)
Council Committee, Board/Commission Action:
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Recommendation:
Staff recommends approval of this request.