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Conduct a Public Hearing to Consider/Discuss/Act on a Request by the North Texas Municipal Water District (“NTMWD”) for a Grant by the City of McKinney for Water Easements Primarily Under and Across Public Land Owned by the City that is Designated as Parkland, Which Parkland is Generally Located along Bloomdale Road mostly East of County Road 943 and West of Hardin Boulevard, for the Construction and Installation of a Water Main and a future water main for the Mutual Benefit of NTMWD and the Public and Accompanying Ordinance
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COUNCIL GOAL: Operational Excellence
(2E. Continuously provide a high level of customer service to our citizens)
MEETING DATE: April 19, 2022
DEPARTMENT: Development Services/Engineering
CONTACT: Michael Hebert, PE, Assistant Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
• Approval of the attached ordinance and find that there is no feasible and prudent alternative to NTMWD’s use of such City-owned parkland to extend the required waterline and to place an additional line in the future.
• Find that NTMWD’s project includes all reasonable planning to minimize harm to the land, as a park, resulting from such use or taking.
ITEM SUMMARY:
• The North Texas Municipal Water District has requested that the City allow it to use portions of City designated parkland as permanent 80+/- foot wide water easements totaling approximately 10.6 acres for the construction and installation of a 72 inch water main as shown on the attached location map and a future water main.
• The easements may still be utilized by the city as parking or other flat-work items such as trails. The section of Erwin Park where the easement is located currently contains a mountain bike trail, and this use will not be affected after construction of the waterline.
• An easement will also be needed at the northeast corner of the Bloomdale and Hardin intersection on a very small city-owned property that is not parkland.
• In this area the proposed easement follows and is just north of the proposed right of way for the future US 380 bypass.
• The proposed water main connects the city’s Redbud and University pumping stations where NTMWD delivers water.
• Numerous discussions have occurred between city staff, TxDOT, the adjacent developers and NTMWD to assure all improvements, including the US 380 Bypass, can be constructed to support development in the City of McKinney. The attached route reflects those discussions.
• State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that:
o a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that:
1) there is no feasible and prudent alternative to the use or taking of such land; and
2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking.
o A finding may be made only after notice and a hearing as required by this chapter.
• Should Council approve the attached ordinance, NTMWD will compensate the City of McKinney the fair market value of the easements, as determined by an independent appraisal.
BACKGROUND INFORMATION:
• NTMWD requires this installation to address proposed development in McKinney and the rest of the NTMWD service area.
• Without these improvements, there is limited capacity to serve future McKinney and other area city developments.
• NTMWD studied multiple options and outlined the advantages and disadvantages of each alignment in the attached report.
• Staff has reviewed the options presented by NTMWD and recommends the approval of the proposed alignment and approval of the attached ordinance.
• The selected option minimizes the impact on the Parks property as demonstrated in the attached presentation. Above-ground improvements are limited to TCEQ required appurtenances for two air valves and one blow-off valve.
• Parks and Recreation and the city attorney have been consulted and concur that the selected option has the least impact on the park property.
• NTMWD has agreed to reimburse McKinney for the cost of appraisals to determine the fair market value of the water line easements and the cost to advertise the public hearing in the newspaper.
SPECIAL CONSIDERATIONS:
• This process is in accordance with the requirements of the Texas Parks and Wildlife Code, Sections 26.001, et seq., which requires newspaper advertising three consecutive times prior to the hearing as well as written notification to the City.
FINANCIAL SUMMARY: None
BOARD OR COMMISSION RECOMMENDATION: None