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ST9905DR-CS111004 Page 1 of 3 Keith Marvin - Fwd: RE: FW: Landscaping/Garbage issues From:   Clay Phillips To:   Keith Marvin Date:   10/4/2011 8:44 AM Subject:   Fwd: RE: FW: Landscaping/Garbage issues   Keith,   How was Mr. Gomez after your last conversation?   Clay >>> On 10/4/2011 at  8:38 AM, in message <4E8AC5C5.4038.00D9.1@coppelltx.gov>, Keith Marvin wrote: Ken/Clay I have visited with Mr. Gomez and his landlord, Mr. Steve Chadick, on many occasions to discuss the status of this channel.  I met with both of them last Thursday out on site, and discussed it again with Mr. Gomez on Saturday. As you may recall we had to secure a permit from the US Army Corps of Engineers to construct this channel.  Securing this permit was not an easy process.  The terms of the permit are explicit in terms of what can be done within the limits of the channel.  We are required to comply with the mitigation plan developed specifically for this area by our consultant.  We were obligated to deed restrict the land in addition to the dedication of a specific drainage easement.  Our environmental consultant is continuing to submit annual compliance monitoring reports on our behalf.  These reports are due every year for the five years following completion of the construction. In addition, we have the specific condition within the permit that states "The mitigation area shall not be disturbed, except by those activities that would not adversely affect the intended extent, condition, and function of the mitigation area.  Unless otherwise specified, livestock grazing, mowing, and similar activities are not allowed."  Our mitigation plan then authorizes us to mow no more than 1 time per year during the dormant season (December - January) to control woody colonizing species. Working with Mike Garza and John Elias we have already done some tree removal in the portion of the channel that was built behind the Hard-8 BBQ.  The entire limit of the channel (Freeport to 300 feet north of Bethel Road) will be mowed and cleaned up beginning in December.  We will then mow every year during our authorized time frame. Trash removal can be done at any time so long as it is done "in a manner that minimizes disturbance to the vegetation within the channel and along the channel banks."  We will work internally on a program of periodic cleaning of trash and debris. I'm available to answer any questions you may have. Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> Clay Phillips 10/3/2011 8:16 AM >>> Ken, Is there anything we can do to assist with this?  Thanks! Clay file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4E8AC776City_...4/13/2012 Page 2 of 3 >>> On 9/30/2011 at  1:07 PM, in message <001b01cc7f9b$d6134fb0$8239ef10$@rr.com>, "Carlos Gomez" <gcgomez@tx.rr.com> wrote: Mr. Phillips, Thanks for your quick response. I copied the City Council as per Christels request at the same time I sent you a copy of the e-mail in question. As I explained to her, the e-mail came directly from the Citys website so if it did not get to the Council again, then perhaps there is a problem with the link from the website to the e-mail server. I spoke with Keith last week and again this morning about the situation. He explained that the Corps has allowed the City to clean the creek only once per year. This is due in part to an environmental study that is ongoing. As I explained, in looking at the Corps website, I found no ruling regarding the maintenance of such creeks. If you were able to see the pictures I attached you will understand why I question the eyesore issue. Prior to the rebuilding of this creek, we (neighbors) were able to mow and maintain right up to the creek bed. No that is no longer and option for us and therefore the growth is out of sight. From speaking with Keith, I dont think a meeting with the Corps will resolve anything unless they are not aware of the mess this has created. I dont know where the trash bags I showed Keith came from. Every time we get any measurable rain we get all sorts of trash from the industrial parks to the west of Freeport Parkway. Like yourself, I am also in and out and I am sorry I missed your call. I will try and get in touch with you later. Regards, Carlos From:Clay Phillips [mailto:cphillips@coppelltx.gov] Sent: Friday, September 30, 2011 9:58 AM To: Carlos Gomez Cc: Brad Reid; Ken Griffin Subject: Re: FW: Landscaping/Garbage issues Carlos, Thanks for your email regarding the creek adjacent to your home.  First, let me apologize for our not handling the issue in an acceptable fashion.  I also understand that you have sent previous emails to the Mayor & Council.  I asked Christel to request that you resend the information as we were unable to find those emails.  I would not expect them to find their way to our email filtering software but stranger things have happened. I am copying our Ken Griffin, Director of Engineering & Public Works and Brad Reid, our Director of Parks & Recreation on this email and will be asking them to look into the situation as quickly as possible.  We can certainly coordinate a meeting between the appropriate parties if it becomes necessary to do so. Please feel free to contact me directly to visit further.  Clay Phillips City Manager file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4E8AC776City_...4/13/2012 Page 3 of 3 City of Coppell (972)304-3662 cphillips@coppelltx.gov ( http://www.facebook.com/pages/City-of-Coppell-TX/324357528624 )   ( http://twitter.com/#!/CityofCoppell )   ( http://www.youtube.com/user/CityOfCoppellTX )   ( http://coppelltx.gov/ecocoppell ) >>> On 9/30/2011 at  9:03 AM, in message <!&! AAAAAAAAAAAYAAAAAAAAADGsHaCf1BxIslDPAaPHcN3CgAAAEAAAAIaNZfkZY2JBrgTLwvQVpmgBAAAAAA==@tx.rr.com>, "Carlos Gomez" <gcgomez@tx.rr.com> wrote: Lets try it again. From:Carlos Gomez [mailto:gcgomez@tx.rr.com] Sent: Thursday, September 15, 2011 1:20 PM To: 'citycouncil@coppelltx.gov' Subject: Landscaping/Garbage issues Mr. Mayor, et al: Here is hoping this e-mail gets to yall. I have been trying for the past couple of years to get an eye sore taken care of. Since the City revamped the creek on W. Bethel (adjacent to 516 W. Bethel), it has been nothing but an eye sore. It has become a dumping ground for all trash that flows into this drainage from the Industrial Parks to the west of Freeport Parkway. At completion, I met with members from your Engineering Dept and was told it was not the Citys problem to have this creek cleaned out. They gave me some mumbo-jumbo about the US Corps of Engineers declaring this as part of the Waters of the Americas. And as such is exempt from having it cleaned. I havent checked with the Corps but in looking at their website there is no such reference. I did note that such a declaration could be given to that part of the creek flowing behind the Avaya building on Freeport Parkway. In that particular area, the creek bed is kept mowed and all growth is kept to a minimum.  Since then, I have spoken to numerous members of other city departments from Streets, who referred me to Parks who referred me back to Streets, who then referred be back to Engineering who at first told me it was the Corps problem. Each department never assuming the responsibility as to who should clean this eyesore. Not to mention it has become a breeding ground for possum, raccoons, snakes and the like. It may be that I will have to ask for a meeting with the US Corp of Engineers who might be able to give me a clear picture as to who this problem belongs to. As I see it, this creek is in city property and as such it would appear to a  city issue. I have a attached several pictures to give you an idea of how this creek looks like in a dry state with all the growth. You will note numerous cottonwood trees (at last count I had over 50) which will grow very quickly and quite tall. The other set is how the creek looks like after a couple of hours worth of rain early this year. You will note that the neighbors property on the west side of the creek is inundated. This generally never happened to this extreme prior to the modifications to the creek bed. My question therefore is, can anything be done to eliminate/cleanup this eyesore. God help us if we get another torrential downpour. With the growth that has taken place since the last one, I hate to be living on the west side of the creek.  Regards, G. C. (Carlos) Gómez. 516 W. Bethel Rd. Coppell 469-948-0985 file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4E8AC776City_...4/13/2012