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Home My WebLink About14 0422 Council minutesThe Plainview City Council met on April 22, 2014 at 7:00 p.m. in the City Council Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in City Hall at 4:40 p.m. on April 18, 2014. Mayor Wendell Dunlap presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner - District 2, David Garcia- District 3, V. 0. Ortega - District 4, Susan Blackerby- District 5 and Eric Hastey - District 7. Councilmember Lionel Garcia - District 6 was absent. Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder - Assistant City Manager, Leslie Pearce -City Attorney, Ken Coughlin - Police Chief, Mike Gilliland - Director of Public Works, Rusty Powers -Fire Chief, Isauro Gutierrez - Information Technology Specialist, Sarianne Beversdorf - Director of Finance and Belinda Hinojosa- City Secretary. Guests Present: James Odom, Teressa King, Jan Alford, Larry Williams, Fonty Carthel, Caleb Hatch, Bill Wells and Gabrielle Chargy News Media Present: Doug McDonough- Plainview Herald and Caleb Hatch - Plainview Radio Councilmember V. 0. Ortega delivered the invocation and led in the pledge of allegiance. Councilmember Charles Starnes introduced Gabrielle Chargy, exchange student from Niort, France. Councilmember Ortega moved to adopt the consent calendar. The motion was duly seconded by Councilmember David Garcia and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of April 3, 2014 and April 8, 2014 and March 25, 2014; approval of the Financial Reports; and approval of Resolution R14 -312, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of the Plainview Y.M.C.A. to Host the " Y.M.C.A. Annual Mini — Triathlon"; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of -Way with the Texas Department of Transportation for This Event; Declaring That the Event Serves a Public Purpose; and Agreeing to Comply With Regulations. Mr. Greg Ingham, City Manager presented for consideration and take necessary action regarding NRCS Flood Control Dam Grant Application. In the mid 1970's there were three flood control dams built northwest of Plainview in Hale County. The sponsors for this project are Hale County, the City of Plainview, and the County Conservation District. Over the years these structures have been maintained in accordance with the Natural Resource Conservation Service (NRCS) and Texas Commission on Environmental Quality (TCEQ) dam safety rules. However, in 2008 NRCS performed a dam safety investigation for Site 4 on the Lower Running Water Draw system that included a breech analysis up to the corporate limits of Plainview. This investigation found four homes in flood way. This led to a requirement for a breech analysis through the City of Plainview which identified additional structures in the floodway that could be impacted in the case of a breech at Site 4. The next step was to develop an Emergency Action Plan covering the structures in the City and County that could be impacted by a breech at Site 4. City Council Minutes April 22, 2014 Page 1 of 3 307 308 NRCS retained an engineering firm to analyze the structure and develop some preliminary options. One option was to go ahead and intentionally breech the dam so there would be no flood surge in the case of a breech in the dam. The other major option is to bring the dam into compliance with the standards of a High Hazard Dam. According to the NRCS study the estimated cost for this project would be $2,454,400. NRCS told us there are federal funds that would pay 65% of this project. Then the local sponsors can apply to Texas State Soil and Water Conservation Board to cover 95% of the 35% that was not funded by the federal government. The local sponsors would be left to fund about $43,000. The County acted on this yesterday and they authorized the County Judge to execute this agreement. This is a good project to go forward with if we are able to obtain grant funds. Mayor Dunlap asked for public comment. Jan Alford of 1207 W. 7 Street asked if this would help for properties to no longer be in a flood zone. She was advised no, that it would reduce potential for property to flood. James Odom of 3509 Kirchwood asked what is this $2 million providing. He was advised that the initial plans is to raise about 1 1 /2 feet and do some additional construction on it. Councilmember Stames moved to authorize Mayor to execute the NRCS Flood Control Dam Application. The motion was duly seconded by Councilmember Blackerby. Councilmember Hastey asked who sets base flood elevation and do we try to petition them to change that. He was advised that came about in 2010 and we encouraged them to look at, but FEMA made their decisions. We saw some minor changes. He also asked if there is a possibility of being fined for this. He was advised yes, TCEQ comes in periodically. As long as we are moving towards a resolution to the problem, that is viewed as a positive. They are looking at dams across the state. Right now that there are funds and we chose not to do that it could put our community in a challenging position. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. Jeffrey Snyder, Assistant City Manager introduced Jacquie Smith, Recycling Foreman. Since this is earth day, and this year's theme is green cities, Ms. Smith presented information on the City's recycling program. Mayor Dunlap asked for public comment. Punkin Laird of 1510 W. 10 stated Ms. Smith does a terrific job. Mayor Dunlap presented for consideration on second reading Ordinance No. 14 -3609, an Ordinance of the City of Plainview Amending Ordinance No. 13 -3598 To Appropriate Funds in the General Fund and Various Revenue and Capital Funds Pursuant to Section 5.07 (A) and (D) of the Plainview City Charter Allowing for Supplemental Appropriations in the 2013 -2014 Budget; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. Since this is the second of two readings, the Council chose to forego the staff briefing. City Council Minutes April 22, 2014 Page 2 of 3 Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem Waggoner moved to adopt Ordinance No. 14 -3609 on second reading. The motion was duly seconded by Councilmember Ortega and carried by unanimous vote. Councilmember Starnes moved to go into closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. [Tex. Gov't. Code, Section 551.074]. City Attorney Evaluation and City Manager and per Sec. 551.071 to consult with attorney on a matter in which the attomey's duty to the government body under the Texas Disciplinary Rules of Professional Conduct conflicts with the open meeting statutes and about pending or contemplated litigation or settlement of same relating to Police Department. The motion was duly seconded by Councilmember Eric Hastey and carried by unanimous vote. Mayor Dunlap recessed meeting at 7:35 p.m. Mayor Dunlap called the meeting back in open session at 9:17 p.m. Councilmember Starnes moved that in the next budget cycle, the city attorney be awarded a merit salary increase of $3,000. The motion was duly seconded by Mayor Pro Tem Waggoner. There was no public comment. The motion carried by unanimous vote. There being no further business, Mayor Dunlap adjourned the meeting at 9:20 p.m. Belinda Hinojosa City Secretary 4 / ?c City Council Minutes April 22, 2014 Page 3 of 3 309