10251999 Regular Meeting - Laserfiche WebLink

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Regular Meeting October 25, 1999 Pa~~23 Ordinance and Mr. Hernandez seconded the motion, which passed unanimously (Mayor Moore not present to vote on this item). Mayor Pro-Tern Mihalkanin introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REINSTITUTING A CURFEW AND PROHIBITING ACCESS TO SPRING LAKE DAM AREA; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. Ms. Hughson moved for adoption of the Ordinance on emergency and Mr. Cox seconded the motion. Ms. Hughson asked if any of the wording had changed since it was first adopted. Mr. Taylor advised in Section 58.070(c) "defense to prosecution" was added for those we wish to allow in the area, such as those responsible for repair of the dam. Mr. Doiron asked if maintenance was allowed in the curfew area, and Mr. Taylor stated it is. Mike Lowe of TNRCC stated their engineers have indicated the dam is structurally unsound and in danger of collapse. With the fence in place, it is sufficient to protect the citizens from danger. Mr. Mihalkanin asked if there is a time line when the dam should be taken care of. Mr. Lowe stated as soon as possible, but the danger is alleviated with the current circumstances. He stated SWT is searching for funds to repair the dam. He stated if the funds were available and there were no environmental concerns, it would probably be taken care of within a week. Mr. Lowe stated it is his understanding FEMA has contracted with a firm to do an environmental assessment and understands the report will be made in January. The report will evaluate alternatives. Mr. Moseley referenced Bill Nance of SWT's letter and stated if the fence were removed, maybe that would be incentive to get the dam repaired. He stated SWT is moving slowly and thinks the City has done its responsibility. Mr. Cox stated TNRCC's position is the dam is unsafe. He asked the City Attorney if the curfew is not reenacted, would the City be liable if the dam fails, and Mr. Taylor stated the City would not be liable. The fence and signage are SWT's, and the sign of the City's in the channel could be taken down. Mr. Mihalkanin moved to amend the curfew area to include the deck of Joe's Crab Shack and Ms. Hughson seconded the motion. Mr. Lowe stated the University's engineers did not find any problem with the structure of the deck. TNRCC's engineers looked at the deck and declared it safe. They were in agreement with SWT's engineers. Mr. Doiron asked why TNRCC looked at the dam. Mr. Lowe stated the South Texas Water Master who deals with water rights issues had one of their inspectors look at the dam as a matter of routine. He thought the dam looked unstable. The inspector then advised TNRCC he did not know what was holding the shoot up. Ms. Hughson noted this is a completely different answer than the one previously given by TNRCC. SWT brought the deteriorated condition of the dam to TNRCC's attention in January of 1998 as a routine matter. TNRCC was not aware of the amount of public use of that area or they would have reacted more promptly. Mr. Lowe stated TNRCC has attended meetings with SWT, and it appears SWT will receive funding from FEMA, and that this matter will take time because they are dealing with the Federal Government and with the environmental issues. Mr. Hernandez asked Mr. Taylor if the penalty would be the same as in the rest of the Ordinance if the deck is included and Mr. Taylor stated yes. Mr. Gilley advised the Council the only practical way to prevent access entry through the channel was a City curfew, as was discussed in a meeting of representatives of the Texas Parks and Wildlife, Department of Public Safety, SWT, the City and others. On roll call of Mr. Mihalkanin's amendment to include the deck, the following vote was recorded: AYE: Mihalkanin, Doiron. NAY: Hughson, Moore, Moseley, Cox, Hernandez. ABSTAIN: None.