Hugh Lewis/Jefferson Jimplecute
The new activity center currently being constructed by Immaculate Conception Catholic Church was the focus of the majority of Tuesday nights’ special council meeting.
Ward 3 Alderman Robin Moore had requested two items be placed on the agenda: temporary closure of part of the alleyway between Henderson and Lafayette Streets; and either remove or plug the drain pipe going under the same alley.
“Mardi gras is coming up. We’ve got scaffolding that’ll be put up in a couple of weeks. It’s just for safety purposes. We don’t want to close the entire alley,” Moore said.
“This is all about safety,” said Mayor Rob Baker. “Makes sense to me from a safety perspective.”
“The only question I have is the last part where the project is completed,” asked Alderman Richard Turner. “Can we just do it until they get the back walls completed?”
“We really want to keep people out of the building too,” Moore said. “We can open it when the inside is secure.”
Council approved temporarily closing the northern half of the alley until the building is secure, 6-0.
Tommy Engle, owner of Kennedy Manor, originally raised drainage concerns shortly after construction began when the existing drainage ditch was filled in.
During that meeting, Moore said an underground drain would be replaced before construction was completed to move water from the alley side of the property to Vale Street.
“The reason his water is not coming through is his property is so low it has to rain really really hard, and a lot, many inches in a short period of time, in a short period of time,” Moore said. “We can take on that water in our planned drains. But when there’s a pump pushing water up and through the drains, that’s not a natural flow of water.”
“The pumps were there when we bought the house. The flume that was covered up was the natural flow of water,” said Engle. “There are two sump pumps pushing water out to the trench that was covered up. That’s the flow of the land. That’s why that flume was there.”
“When y’all covered up the flume, that violated Texas water law 11-086,” he continued. “’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.’ Basically all that water is dammed up now. Basically it’s just ponding up.”
“There has been water standing there for 30 years,” said Moore.
“It is Texas water code that is enforced by the State not the City,” said Baker. “This is a property owner to property owner issue and the city is neither obligated nor interested in getting involved in this.”
“We’ll take on all natural flow,” said Moore. “But not the unnatural flow.”
Baker also said the storm drain entrances on Vale street still needed to be reconnected.
Moore said it would be reconnected.
Ultimately the city moved to not do anything with the drain pipe and leave the situation as it is. Turner moved to deny removing the drain with Alderman April Taylor Johnson seconded. The motion passed 5-0-1with Moore abstaining.
When Council adjourned to Executive Session, Moore told Engle that she wished he had come to the church to discuss the matter instead of bringing it up at Council. Engle responded that he had brought it up with Moore, the contractor, and the priest – all of which put him off and wouldn’t discuss the situation.
Engle is reviewing his options moving forward.
In other business, Council:
– Ordered the May 7 election
– Approved hiring Justin Woods to the Public Works Department at a rate of $12 per hour
– Approved the Krewe of Hebe’s Mardi Gras event application for Feb. 16-19, but struck the word “exclusively” from their Other Requests page. The word was in a request to dedicate the weekend before Fat Tuesday to the Krewe for Mardi Gras.