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Home My WebLink About07-18-03 Fill Dirt Review Committee minutes e e MINUTES OF THE FILL DIRT REVIEW COMMITTEE JULY 18, 2003 1. CALL TO ORDER The meeting was called to order by Mike Mosteit at 5:30 p.m. Members of the Committee Present: Chairperson Mike Mosteit, Committee Members Barry Beasley and Chuck Engelken. In addition, Councilperson Bruce Meismer was present. Members Absent: None Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, City Secretary Martha Gillett, Assistant City Manager John Joerns and Supervising Engineer Robert Cummings Others Present: Mr. And Mrs. Jim Coffman, J.D. Gettings, Rita Gettings, Sidney Grant, Darrell and Joyce Dickens, Mrs. Sidney Grant, Bill Scott, John Hambrick, Fred Bender and C. Wade Baker 2. APPROVE MINUTES OF THE JULY 18,2003 FILL DIRT REVIEW COMMITTEE MEETING Motion was made by Committee Member Beasley to approve minutes as presented. Second by Committee Member Chuck Engelken. Motion carried unanimously. 3. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS THE FILL DIRT REVIEW COMMITTEE The following citizens addressed the Fill Dirt Review Committee: Sidney Grant - 1907 Lomax Dr. - Mr. Grant informed the committee since the last meeting there has been a great deal ofrain. Flooding is not a problem due to fill dirt being brought in. The problem is due to poor drainage. He suggested the City get with the County to enlarge ditches and make them wider. Rita Gettings - 211 Lomax Dr. - Ms. Gettings informed the committee she was speaking on behalf of Charles Tiner who lives at 2209 Lomax Dr. - She provided City Council with pictures (see attached) for review. Mr. Tiner requested City Council to improve drainage near his home. Since citizens are bringing in fill dirt, drainage needs to be improved. Noted for the record Mr. Tiner is opposed to fill dirt being brought on property. J.D. Gettings - 2111 Lomax Dr. - Mr. Gettings informed the committee he had researched as to whether or not his home flooded prior to its purchase and moving in three years ago. He informed the committee his home did not flood during Allison, but almost flooded during the last rain. He believes this is due to the fill dirt being filled in on property located near his home. He noted for the record that City staff had been rude to him in dealing with various matters. He further noted he agreed with Mr. Grant's comments. He stated there is a problem with flooding on L Street. He informed the committee ifhis home floods, he will be contacting the property 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. Fill Dirt Review Committee M.es- July 18, 2003 Page 3 e The Committee further discussed the Ordinance. Chuck Engelken noted Section 1 and 2 needed no changes. The committee questioned 3-A - What does site mean? Assistant City Manager John Joerns noted it could be a small lot or a larger acreage area. Chuck Engelken inquired whether or not all permits issued complied with Section 3-A. Robert Cummings advised the committee all permits had complied with Section 3-A. Chuck Engelken inquired why we have had problems if permitted with plan. Bruce Meismer noted the plans were submitted and the permit was issued but the citizens have gone above the limits of dirt authorized in the permit. This is an example of the citizen abusing permit privileges. Bruce Meismer further noted Section 3 needs language about topographical changes to the general lay of the land. Barry Beasley noted the wording in Section 11.03 was good language to work from. Mike Mosteit noted legal needed to review the state stature and determine if our involvement could cause the City any liability. Bruce Meismer noted legal would be reviewing what would be recommended and adopted. Bruce Meismer noted if you change the elevation of the land, you must obtain a permit. Further noting the words "significant change" may need to be included in the ordinance. Debra Feazelle reminded the committee that City Council could adopt an Ordinance with a policy attachment. John Jooms informed the committee Robert Cummings would address detention basin. Mr. Cummings informed the committee staff checked with Flood Control and determined the detention pond is in Deer Park and is part of a larger project. The project is 30% complete and there are 267 working days left in the project. Rain may cause the project to last a year. He also reported the soils report did not turn up anything significant. He stated the fill coming out of the detention pond would also be sued for another project in Sugarland. John Joems informed the committee the information on seeding and sodding was included in the packet for the committee to review. John Joems informed the committee the information on truck weight limits was provided in the packet. He further advised the Police Department and TX Dot have been requested to help with enforcement. John Joems and Robert Cummings the burden of house and pad elevation is on the developer. Information is included in the packet. John Joems informed the committee an overview of current practices was included in the packet. Fill Dirt Review Committee M.es- July 18, 2003 Page 4 e John Joerns and Robert Cummings infonned the committee staff recommends a larger project be defmed as the introduction of fifty (50) or more loads of fill onto an individual tract consisting of one (1) or more acres. In addition, infonned Committee infonnation was included in the packet further defming recommendations. Robert Cummings explained the table provided in the packet and noted it could assist in determining requirements for pennits. It includes surcharge for trucking and hauling. Stonn Water Prevention Pollution Plan would assist with silting. Bruce Meismer noted a table would be needed for qualifying less than one acre. Barry Beasley indicated the committee needed to consider having a maximum height of raising property. Needs a final elevation grade. Bruce Meismer recommended the committee consider having a minimum grade slope from the center of property or outside the edge of property. Mike Mosteit noted future considerations would be needed if subsidence occurs. John Joerns noted follow up on pennits would take 5 Y2 - 7 Y2 man-hours per pennit. Bruce Meismer noted fees needed to include the cost of man-hours. The committee complimented staff and directed them to come back with the considerations discussed at the next meeting. 5. RECEIVE STAFF REPORTS ON INFORMATION REQUESTED AT THE JULY 10, 2003 COMMITTEE MEETING. Covered in discussion on item 4. 6. NEW BUSINESS No new business was discussed. 7. COMMITTEE COMMENTS Chuck Engelken noted the City needs to work with Harris County Flood Control regarding issues raised by citizens. It was noted the City would aggressively pursue the County and send letter with a copy to Sylvia Garcia. Mike Mosteit suggested copying all Commissioners. He further noted the City needed to work on addressing draining concerns falling in our jurisdiction. It was noted the next committee meeting would be on July 24th at 5:30 P.M. The City Secretary was directed to fmd a meeting place since the City Hall Council Chambers was not available that evening. Fill Dirt Review Committee M.es- July 18, 2003 Page 5 e It was the consensus of the committee to provide a report to City Council at the Workshop Meeting on July 21,2003 and possible adopt a new Ordinance and repeal the Moratorium at the July 28, 2003 City Council Meeting. All committee members complimented staff on doing an outstanding job in a short period of time. In addition, committee members thanked the citizens for taking time to attend and participate in the meeting. 8. ADJOURNMENT There being no further business to come before the Committee, this meeting was duly adjourned at 7:32 p.m. Respectfully submitted, 4~~J411P Martha A. Gillett, TRMC City Secretary / ~J 24. day ofJuly 2003, e e Overview e e OVERVIEW At its July 18, 2003 meeting, the Fill Dirt Review Committee (FDRC) addressed and discussed the current and outstanding issues involving the City's fill dirt permitting and policies. The committee requested staff to develop a new set of draft policies and procedures to handle future fill dirt permits and report back at the July 224,2003 meeting of the FDRC. Staff has compiled a draft matrix showing possible requirements for future fill dirt applicants for the committees review and comment. It is expected that the enclosed proposed matrix will be revised before being accepted as policy. e ORDINANCE 1444-A e ~ , e e J'-k .-, i 1 L.I r", '...J ; "., : - :"\! '-i . i . j 1\ ; - I '\ r\ ~.__ ORDINANCE NO. 1444-A AN ORDINANCE AMENDING SECTION 2.19 DEVELOPMENT, SECTION 4.08 DEVELOPMENT SITE PLANS: GENERAL AND SECTION 11.02, DRAINAGE AND STORM SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE PLATIING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Section 2.19, Development, Section 4.08 Development Site Plans: General, and Section 11.02, Drainage And Storm Sewer, of City of La Porte Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 2.19, DEVELOPMENT, of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "2.19 DEVELOPMENT: The process of converting land within the City's jurisdiction from its natural state, or alterinQ the elevation of property, or converting its existing usage to residential, commercial, or industrial uses. This definition encompasses any and all physical changes to the land not regulated through the City Building Code .f ORDINANCE NO. 1444-~ e Page 2 Ie .- ,- . ~..- . ~: :. . . ~-"! :". . :.:. : [\j ;L~t L inherent in such conversions. The term development includes subdivisions as defined herein." Section 3. Section 4.08 DEVELOPMENT SITE PLANS: GENERAL, of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "4.08 DEVELOPMENT SITE PLANS: GENERAL The following sections of this Ordinance outline procedures for preparing and obtaining approval for developments not defined herein as subdivisions. Except as noted in Section 4.08 (A) below, it shall be a violation of this Ordinance for any person to develop property within the City of La Porte without first: a. Filing a Development Site Plan and required documentation for approval. b. Having said Development Site Plan approved according to the procedures set forth herein; and c. Obtaining a Development Authorization. A. DEVELOPMENT SITE PLANS: EXCEPTIONS TO FILING REQUIREMENTS ~_~o Development Site Pbn filing shall be required aE: provided for herein in the case of a development which iE: strictly agricultural in ch:lr:lcter :lnd use. ~ No Development Site Plan filing shall be required as provided for herein in the case of a development that is solely and strictly a I' ORDINANCE NO. 1444- A( e Page 3 - e . ! -. ; ....; /\ I , "'-"! 1\;/\; '- Subdivision, as that term is defined herein, and the requirements of Section 4.04 of this Ordinance have been satisfied for such Subdivision. d:-_~O Development Site Pkm filing chait be required as provided for herein in the CJse of a development that is strictly rocidential in character Jnd use, and occurs in the form of a single family house, rogmdless of whether CJid house is com~tructod inside or outside of a Subdivision. B. MAJOR AND MINOR DEVELOPMENT SITE PLANS: REQUIREMENTS AND CONTENTS (SEE APPENDIX E) For both Major and Minor Developments, the Development Site Plan is drawn accurately to scale with exact dimensions. When accompanied by all other required documentation, Development Site Plans contain sufficient detail for evaluation of the proposed development. Complete instructions for preparing Development Site Plans are contained on Appendix E." Section 4. Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance No. 1444 is hereby amended by adding language pertaining to the alteration of the elevation of property. Section 11.02, Drainage and Storm Sewers, shall hereafter read as indicated below: , . .- ORDINANCE NO. 1444---A. Page 4 _ -. . . . . 1;, ; .j /-:.., i ..- "11.02 DRAINAGE AND STORM SEWER Adequate drainage shall be provided as to reduce the community's exposure to flood hazards with respect to adjacent, upstream and downstream developments. (See also Chapter 94. Floods. of the Code of Ordinances of the City of La Porte for additional reauirements.) Adequate drainage shall be provided within the limits of the subdivision and/or development. The protection of adjoining property shall be accounted for in the design of the drainage system, and shall be subject to the approval of the Director of Planning or his designated representatives. Anv person or persons that alter or change the elEvation of prooerty shall be responsible for applying for and obtaining. orior to said change or alteration of the elevation of oroperty. a develooment authorization from the City Planning Deoartment. Anv chance or alteration in the elevation of property reauires submission of a Site Plan prior to the change or alteration of oropertv. which said Site Plan shall delineate the prooosed chanae or elevation of orooertv. Said certified site plan shall be subiect to aoproval bv the Citv Enaineer." Section 5. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars I' ORDINANCE NO. 1444- ~ e Page 5 e .- ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 6. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto. of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 7. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause. or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public . . ORDINANCE NO. 1444- ~_ Page 6 =. e .-", : as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall become effective fourteen (14) days after its passage and approval, however, implementation of this ordinance will not take place until 180 days after its passage. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE -2L DAY OF March ,1998. CITY OF LA PORTE By:J;f~~ ~~ . NORMAN MACONE, r ATTESTATION: s41jJui/Jt./itt!ctt ARTHA GlllETI, City Secretary e e Draft Future Practices for Fill Dirt Projectsl Draft Attachment to Ordinance 1444-A DRAFT EXHIBIT TO ORDINANCE 1444-A e e All Lots Small Lots Large Lots PERMIT REQUIREMENTS AND CONDITIONS (1 acre or less) (1 acre or more) 1-5 Loads 6-49 Loads 50 and more Loads 6-49 Loads 50 and more Loads 1 Permit Required * * * * 2 Permit Fee Assessed * * * * 3 180 Dav Permit for Project Completion * * * * 4 Spreading of Delivered Fill Must Begin within 30 Davs * * * * 5 Maximum Fill to be 6 inched below top of adjacent crown of * * * * road 6 Grading & Drainage Plan submitted signed and sealed by * * Registered Professional Engineer 6A Storm Water Pollution Prevention Plan and Revegetation * * Plan submitted 6B Demonstration that Watershed is Not Being Adversely * * Impacted 6C Grade of swales to be customed/engineered for each site * * 7 Minimum overland slope for lot grading to be 0.2%-0.75% * * Sketch. Surveyor Site Plan Showing Proposed Fill and * * 8 * * Proposed Drainage See Note 6 See Note 6 9 Silt Prevention and Revegetation plan required * * 10 1 ft Top of Bank Swale Offset from PropertVLine * * 11 5 ft Top of Bank Swale Offset from Property Line * * 12 No Fill Dumped within 15 ft of Property Line * * 13 No Fill Dumped within 5 ft of Property Line * * 14 iAaaress tor ~Ite ReqUlrea Ana Fill Must be Delivered to this * * * * address Regulation * = Required Information. Activity or e e DRAFT FILL DIRT PERMITS !!!formation on Fill Dirt Policies and Procedures 1. Fill dirt permit application can be obtained at inspections desk. For questions on Fill Dirt permitting contact the Planning Department (281-471-5020) and schedule appointment with City Engineer or his designated assistant. 2. The Texas State Water Code Section 11.086 reads as follows: (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. 3. The homeowner is solely responsible for complying and adhering to the above state statute 4. Property owner should Find their lots size and estimate load amount on the attached matrix and comply with all bullets in that column. 5. No dump trucks larger than 12 CY dump trucks shall be allowed for use in filling residential land. 6. Haul routes for the delivery dump trucks should be held to those routes listed in Section 70- 231 of the Code of Ordinances. Repetitive trips needed off of these designated routes will result in the assessment of a Trucking/Hauling surcharge. Any damage to the various streets and thoroughfares of the City of La Porte shall fall under Section 70-259 of the Code of Ordinances which reads as follows: Any person moving or causing to be moved a load which, together with the weight of the vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any damage done by any such excessively loaded vehicle to the streets, bridges or culverts in the city and the acceptance of either of the permits provided for in this division shall be conclusive evidence that the person to whom such permit is issued agrees to make good and pay all such damages upon demand thereof made by the city. Cityha1Il'(S)/ CPShare/FiII Dirt PermittingIFILL DIRT POLlCIES2.DOC Revision July 2003 e _ 7. In the cases of fill projects between 6-49 loads, the standard swale to be used shall conform to at least the minimum dimensions shown on the example. 8. Only one permit will be issued for anyone property over a six month span. 9. The City of La Porte is NOT responsible for providing fill dirt. 10. No fill may be placed in the floodplain without compensating excavation. Any fill placed in the floodplain must be accompanied by a sealed compaction test stating that the fill has been compacted to 95% Standard Proctor or better. 11. After the property owner has demonstrated sufficient compliance with the intent of these policies and procedures, a permit may be issued through the Inspection Division. 12. Any deposited fill dirt that is liable to hold stagnant water is a violation of section 34-128 of the city's code of ordinances. Section 34-128 reads as follows: The following specific acts and conditions are declared to constitute a public nuisance and are hereby prohibited and made unlawful: Any lot or parcel of real estate situated within the city which has the surface thereof filled or partly filled with holes, or is in such condition that the lot or parcel holds or is liable to hold stagnant water therein, or, from any other cause, is in such condition as to be liable to cause disease, or produce, harbor, or spread disease germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious. Cityhalll '(S)/ CPSharelFiII Dirt Pennitting/FILL DIRT POLlCIES2.00c Revision July 2003 e _ FILL DIRT REVIEW COMMITTEE MEETING OF July 24, 2003 IN PROGRESS 1. Fee to be assessed for each permit. . Suggested fee of $25.00 for first 49 loads and $2.00 for each additional load. 2. Fee to be assessed for repetitive trips of major haul routes. . Information to be researched and presented to committee in the future 3. Final overland slopes for final grading on small lots. . Could maybe used FHA numbers for small lots but will need to research possible range for large lots. 4. SWPPP for small load (6-49) projects including possible suggestions on revegetation. . Possible use of 2 rows of sod around filled area. . Additionally, owner must follow up immediately with sprigging, sodding, seeding, hydromulching, or turf establishment in such a manner that insures establishment of vegetation within 90 days. _I - .. g " ...z i8 - Lor E 1\0.4-.1> t; ~Jl-I)I.N~ . . ~ CL. T. A--:A L I .I r-~ itl - I 1 + ! 1f -~::1 -:- ..., -II .t ~ . .A ~ c~IIINE/) A-r c-EKrER 5Wl1 Le - o Q) "e- n. - A1rN SLDPe ().i~ t#~ELok/ .e~OWAl )1 ()F OFF$ 'E. T R ()/"D i Pi. iJ ;E't<T'( . L1:Ne I - o ~ I c: _ Q) :;; Q) - as Q) as ~ .c o 0 en :4-. I 660 . , ," ! Notes for 7 -14-0.uncil meeting. City Joining in Ba. lawsuiU Flooding I'll speak on two~~9J.ects tonight, joining the Bayport lawsuit and flooding. I have watched..thi~.council in public aCtion concerning Bayport. And I've concluded that some members of this council have done everything they can to ride the coat tails of the other Cities that are op~nlyfighting Bayport, and, those same members have tried to curry favor with the Port of Houston, hoping the Port will throw them a few crumbs. I have a question for those council members. How long do you think you can appease and pander to the Port before you become just like the arrogant, deceitful politicians that control the Port? Your concern about legal costs in fighting Bayport is false. I've proven to you that La Porte pays 3 times what other Texas Cites our size pay for legal service. That has amounted to millions of dollars of our tax money you have squandered over the years, and you've done nothing about that. And I've studied your so called study on legal costs and it is not a study; it is a cover up. And so, I'll repeat what I told this council a few weeks before you finally took your initial public stand against Bayport. I'm fed up with hearing excuses. it's past time for you to listen to the citizens and openly join the fight against Bayport. And now regarding Flooding: I understand that the council is concerned about possible flooding from the county dirt being added to Lomax. I'm going to pass around pictures of real flooding. That lake you see in pictures 1 &2 is my family's 5 acre homestead in Lomax. It is some of the highest property in Lomax and it naturally drained West to Big Island slough, until the feed lot owner installed an illegal 1 ~ ft. high X 8 ft. wide dam on the west side of our property and flooded a large portion of our homestead for several months of the year. Picture 3 is the dam. After putting several thousand dollars into dirt and bulldozer work some of it still flooded as you see in picture 4. The City ignored my complaints about the.d~m. But when the dam builder filed a written complaint against me for standing water, the City aggressively worked his complaint. In fact, they were so aggressive they ignored their own written procedures that required a written warning prior to giving me a $2,000 citation. I confronted them with their procedure violation and they tried tq lie their way out of it. And your legal service still aggressively harassed me, costing me many hours off work and $500 in attorney fees, before the citation was finally :dismissed. To add insult to this injury, the City made us get a permit for the county .. -d~rt. Then we had to have City final inspection.... And all the while the dam builder/feed lot owner has been hauling in truck loads of sand that he eventually uses to raise his land so it drains onto my land...all done without City permits, and without City inspections. And Picture 4 proves that. Council, are you starting to see, why I openly and accurately state that La Porte City gQvernment is crooked and corrupt? I have just started to expose the arrogant abuses my family and I have endured for 13 long years. I'm going to warn you people for the second and last time, you better remove your contract attorneys from any dealings with me or the Blackwells. - - . . . ~t;:,., ~",,".., I~ .~ , ",-,. - ~1~~ .~ AfWL. h({ ~ I>t~ .... ~