07-18-03 Fill Dirt Review Committee minutes

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Fill Dirt Review Committee M.es- July 18, 2003 Page 2 e owner who used fill dirt and the City for issuing the permit. He requested the City stop issuing permits until drainage is improved. Bill Scott - 1802 Lomax School Rd. - Mr. Scott provided the committee pictures to review. He did not leave them for the official record. He informed the committee the fill dirt being brought in by a neighbor is causing flooding to his property. He further noted, no permits have been issued to this location. He requested the City check out this matter. Sidney Grant requested to speak again in response to other citizens comments. Chairman Mosteit requested he put the information in writing since he had already spoken for five minutes. John Hambrick - 1402 Lomax Dr. - Mr. Hambrick expressed concerns about fill dirt in the Lomax area. He informed the committee he had brought this matter before City Council and was referred to staff. Nothing has ever been done to resolve the issue. Fred Bender - 2302 Lomax Dr. - Mr. Bender believes dirt being brought in is excessive. He requested his neighbors be reasonable in their actions. He requested City Council to look closely at this matter. 4. COMMITTEE MEMBERS TO DISCUSS AND REVIEW THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF PERMITS UNDER ORDINANCE NO. 1444-A AND RESOLUTION 2003-19 THE MORATORIUM REGARDING THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF PERMITS UNDER ORDINANCE NO. 1444-A AND PROVIDE STAFF WITH DIRECTION TO RESEARCH THE BACKGOUND ON THE CITY OF LA PORTE DRAINAAGE, mSTORY OF THE ORDINANCES, AND TESTIMONIES FROM THE CITIZENS Barry Beasley informed the committee he had reviewed the other City Ordinances and does not believe they will be much help. Noted he reviewed the state statute and found it interesting and some other City's use the state statute rather than adopting an Ordinance. Bruce Meismer informed the committee a reasonable solution would address the following areas: . Bring in dirt to fill holes and eliminate standing water but not change the topographical lay of the land . If there were a topographical change, a certified study would need to be completed by a Public Engineer. It would need to incorporate addressing silting, vegetation and concerns . Property owners need to be responsible for complying with the limits of issued permits and be reasonable to their neighbors Chuck Engelken agrees with Mr. Meismer. He wants to know what process are followed issuing permits and what type of follow up is done. If properly enforced upfront, may not result in problems. Bruce Meismer wanted the record to reflect that he read Water Code Section 11.086 - Overflow Caused by Diversion of Water (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the Water diverted or impounded. (b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.