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19 MAY 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on May 13, 2019. Chairman Moore opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Patrick Thomas, Jeff Elmore, Vivian Brittenum, Jeff Twitty, and Mark Stroud answered ROLL CALL. Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were Public Works Director Jim Oakley, Aaron Robinson, and interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Elmore moved, seconded by Commissioner Stroud to approve the minutes of the regularly scheduled Planning Commission meeting of April 8, 2019. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Graham Woods PH III Mr. Aaron Robinson of Bond Engineering stated that the street, curb, gutter and utilities are completed. He related that Mr. Bond has received all the warranties and release of liens, which have been forwarded to the Water and Sewer Commissions. He noted that Wastewater Utility has issued a letter of acceptance and the same is forthcoming from the Water Commission. He noted this phase of the subdivision consists of 17 lots. Chairman Moore noted that there is a proposed park area. Mr. Robinson concurred, saying that the park area is in the flood plain area. Chairman Moore related that there at one time there was a suggestion that the proposed park area would be given to the City. Mr. Robinson concurred, saying that on the plat tract A is mentioned in the notes that Tract A will be deeded over to the City of Jacksonville. Mr. Robinson reviewed the plat and noted that it was not shown on the Final Plat submitted. He offered to add that to the Final Plat as deeded to the Parks and Recreation Department. Commissioner Thomas noted that the previous time this was discussed centered around who would take care of Tract A and nothing was decided. Mr. Robinson noted that if the property is deeded to the City then the Parks and Recreation Department would be responsible for mowing Tract A. He then answered that it is approximately 1.5 acres. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. Public Works Director Jim Oakley stated that it would be under the Parks purview but added that he did not feel the City would be financially in favor of maintaining the tract or purchasing playground equipment. He noted that he had not talked to the Parks Department about being able to maintain it as a pocket park. Mr. Robinson stated that he could email Parks and Recreation Director Kevin House and copy Chairman Moore regarding whether they want it. He went on to say that if the Parks Department does not want it as a park then it could be eliminated and maybe do it later or he could stipulate that it is dedicated to the Parks and Recreation Department. Public Works Director Jim Oakley stated that the major concern is that it would have to be mowed and maintained. Commissioner Thomas reiterated that the City should not be responsible for mowing and maintenance when it is not even an established park. He added this is the developer’s responsibility, adding that it should not be the financial responsibility of the City. He stated that the developer can call it a park if they want to but it doesn’t belong to the City so therefore when the grass gets a certain height and based on City ordinances, letter will be sent out accordingly. He then added that if this a part of a larger tract and they want to keep it that way then it is maintained in accordance with the larger tract height. Public Works Director Jim Oakley supported it not being identified as a City park. Mr. Robinson noted that between lots 63 and 64 there is a sidewalk that allows access to Tract A. He stated that he would make sure the general notes did not say that Tract A is being dedicated to the City and leave it as is. He added that if the Subdivision home owners develop a P.O.A., H.O.A., or the City decides they want it or if they want to let it just grow up. Public Works Director Jim Oakley concurred, saying that the streets with curb and gutter are completed; they put up a bond for the sidewalks. Wastewater has issued a letter of acceptance but we do not have one from the Water Commission. He stated that from his understanding the Water Letter acceptance is close. Commissioner Stroud questioned Mr. Robinson as to why the Commission should give final plat approval before having the Water Commission accept the Subdivision. Mr. Robinson stated that speaking of common sense, waiting another 30 days for a letter when all the streets are completed, all the utilities are in, all the as-builts have been approved, it’s just the warranty and release of liens and they have been sent, they just haven’t sent the letter. He added they are fine with making approval contingent on receiving the letter. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. Commissioner Stroud noted that he was on the Commission 10 or 15 years ago and the Water Department got upset with the Commission getting ahead of the Water Department. He stated that this is the same thing, adding that the Final needs to be final and it is really not. Mr. Robinson stated that he has been before the Planning Commission over the last 15 years and he cannot think of a project that Bond Engineering has been involved with that every single thing was checked off. He stated that they have had approval with a lot of contingencies, citing that with phase 10 of Jaxon Terrace they did not even have base and asphalt down when it got approved. He stated that if they were a “fly by night” operation and not someone who lived in Jacksonville then he could understand it. He stated that both developers he is representing tonight have roots in this town and in his opinion they are not going to do anything that would hurt their investment or hurt the City which would cost them on future phases. Commissioner Stroud stated that even so the Planning Commission should not “look the other way” when it comes to the standards. He stated that his job as a Commissioner is to make sure all the requirements are met. He stated that any approval without completion creates contingencies that are a burden to Public Works Director Jim Oakley. Mr. Robinson related that the Water Department will not sign off on the warranty until the final plat is recorded, because they will use the date of the final plat as recorded at the Court house. He stated that if you have to wait on every single piece of paper then there will never be any development in this town. Commissioner Stroud stated that he is only saying that Water and Sewer need to have signed off on the acceptance. Mr. Robinson stated that he is not saying that Water doesn’t need to sign off and they will. He added that he feels approving the final plat with the contingency for the water letter is perfectly fine and legal. City Attorney Friedman stated that it is up to the Commission if this has been the standard of practice, adding that she is aware of what the Code requires. She stated that as City Attorney she cannot advise the Commission to deviate from what the Code sets. She added that at the same time she is not a developer. Commissioner Stroud stated that the overriding question to consider, is the Planning Commission getting ahead of the Water Department by accepting the final plat contingent on receiving an acceptance letter from the Water Commission. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. City Attorney Friedman noted that the Code states that these acceptance letters have to be presented no less than 10 days prior to the date consideration being requested. Public Works Director Jim Oakley questioned Mr. Robinson if the requirement is unreasonably tasking before asking for final plat approval. Mr. Robinson stated the is that it has been a wet season and these developments have taken an extremely long amount time. There has been a lot of money invested, they have people that are wanting to buy the lots and can’t buy the lots. He added that to wait another 30 days is just more money. He stated that the fact of the matter is that it boils down to selling lots and having money in place. Discussion ensued regarding any contingencies being met before the final plat would be signed by the Planning Commission Chairman. Mr. Robinson stated that if the waterline wasn’t in, pass the back T, pass the pressure test, had all the as-builts already done, everything is good except for the one letter then he would concur that a final plat approval would be ahead of the Water Department. He stated that with the letter being the only item, there is no harm to the public, it is just a matter of writing the letter. He related that he has the release of lien and the letter of warranty, just not the letter of acceptance by the Water Department. Chairman Moore informed the Commission that he had spoken with the Water Department today and the only thing outstanding is the final letter. He assured the Commission that he would not sign the final plat until the letter is received, noting that it cannot be recorded with the County until he signs. He stated that even though he doesn’t like to have contingencies, if the Commission decides to approve, we are only waiting on one thing. Commissioner Elmore moved to approve the FINAL PLAT of Graham Woods PH III contingent on a letter of acceptance from the Water Commission and stipulating that the final plat would not be signed by the Chairman or sent for acceptance from the City Council until the letter is in hand. City Attorney Friedman cautioned that if we continue that as a standard then the Code needs to be changed to reflect that as the new standard. She explained that we would not want to continue such as a practice with the argument that even if it is a deviation from the code is has become the precedent. In response to a question, Mr. Robinson stated that in other cities you can submit a final plat as long as you have a letter of credit or a cashier’s check for the unfinished improvements. He stated that the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. developer has to get with the City Engineer and list everything that is agreed upon that is not finished by the Planning Commission meeting and then you go to the bank and the developer has to put funds into an account and that account is set up for the city for the city to finish whatever is agreed upon on that list. Public Works Director Jim Oakley related that both Wastewater Utility and the Water Department has requested we not handle unfinished improvements in this fashion. It was noted that in lieu of that, the City of Jacksonville requires letters of acceptance from the Water and Wastewater Departments. Mr. Robinson related that when a subdivision is developed typically the street is cut out, put in the water and sewer, then storm drainage, then the sub-grade is prepared (dirt part of the road), put in the curb and gutter, then the rock and asphalt for the street. Then you push the dirt behind the curb and gutter; you then have to adjust all of either the manhole elevations, or meter boxes, or may have to adjust the valve stem or a fire hydrant. He went on to say that there is no other city that he has dealt with, no one asks for a letter from the utilities. Commissioner Twitty seconded the motion. Commissioner Stroud reiterated that he does not feel comfortable approving the final plat without all items checked off. He agreed with Mr. Robinson that it has been done before, but it also costs the City for doing so. Mr. Robinson stated that it has been done over the last couple of years and it hasn’t cost the City anything. Chairman Moore related that City Attorney Friedman has stated that the Ordinances may need to be updated. At this time, MOTION CARRIED. b. PRELIMINARY PLAT Jaxon Terrace PH 13 Mr. Aaron Robinson related that Phase 13 consists of 17 lots, noting that this Phase will connect Rope Trail. He stated that Phase 12 and Phase 10 has stubbed out streets that will connect in Phase 13 making a continuous loop. Public Works Director Jim Oakley stated that he does not foresee any issues with Phase 13. Mr. Robinson related that he has submitted to both the Water and Sewer Commissions and will be reviewed in the next few weeks. He then 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. answered that the Sketch Plat was approved in 2011. He stated that the same bill of assurance would be used for this phase, being 1600 minimum, all brick, and 5’ side yards. He then stated next month he would be submitting another phase to coincide with this phase, explaining that the next phase would be garden homes with zero lot lines. He then answered that he would submit a sketch plat before requesting a rezoning for the garden home phase. Commissioner Elmore moved, seconded by Commissioner Twitty to approve the preliminary plat of Jaxon Terrace PH 13 as presented. MOTION CARRIED. c. FINAL PLAT Jaxon Terrace PH 12 Mr. Robinson related that this phase is part of the phase that will connect to Rope Trail and will extend Rainer Drive. He stated that all the infrastructure is in place, explaining that a sewer pump station was constructed. He went on to say that the asphalt is completed, as well as gas and electric. He explained that they have submitted everything to the Water and Sewer but have not gotten letters of acceptance yet. He then explained that the water was submitted quite some time ago and he is not sure why they have not gotten an approval letter yet. He then related that the Wastewater Utility is waiting on a component regarding the SCADA monitoring system for the pump station. He explained the installers, not the developer, are responsible for this part and Wastewater does not want to sign off on everything until the component is working. He then added that there were two other issues, noting that the wet well was leaking, which was corrected last week and there were two manholes they had to add plugs last week. He stated that the only thing left is the SCADA system, which is being done by another contractor who has the proprietary for this system. He explained that they added a “no entry” alarm and the alarm has malfunctioned so they are working resolving that issue. He added that even though that was not in their contract with Bond Engineering, they wanted everything working before they sign off on the sewer. Commissioner Stroud pointed out that neither the water or wastewater has final letters of acceptance. Chairman Moore stated and Mr. Robinson concurred that the lots are finished and the developer is wanting to start selling lots. Chairman Moore then pointed out that once final approval is given by the Planning Commission then the developer can sell and builders can start building. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. Mr. Robinson stated that you cannot sell a lot until it has been platted, adding that it would have to be filed at the Court house. He stated that if approval is given with contingencies then the lots cannot be sold. Commissioner Stroud stated that he was willing to go with one contingency that was ready but now this is two contingencies. He continued saying he feels it is going the wrong direction. He stated that this makes him feel less at ease. He added that he would not deny the plat, asking Mr. Robinson if it could be tabled. Discussion ensued as to contingencies regarding final plats and the Planning Commission being able to approve final plats without letters of approval from Water and Sewer. Commissioner Stroud moved to table the final plat of Jaxon Terrace PH 12. City Attorney Friedman pointed out that Code requires these items be submitted 10 days before coming before the Planning Commission for approval. She noted that there has been a set precedence of not following that requirement, but by approving the last one the Planning Commission is now on a “slippery slope”. She stated that as an attorney it makes her nervous not to follow the Code, adding that the Code either needs to change or the Planning Commission needs to follow the Code. Commissioner Thomas asked Mr. Robinson what the ramifications would be if the plat was tabled for 30 days. Mr. Robinson responded that he could not speak for the Water or Wastewater Departments and no one from either Department is present, adding that the developer has sold all available lots and there are probably three lots that do not have footings. He continued saying that if those builders go somewhere else, it would be hard to get them back. He stated that he has been in the City for 20 years and has served on the City Council and is now serving as a Justice of the Peace, saying that he has a passion for trying to make Jacksonville better. He stated that he wants to see things grow, not stop, and he doesn’t want to discourage or give anyone a reason not to develop in Jacksonville. He related that the ordinance needs to be changed, adding that it is old and outdated. He stated that he cannot say whether 30 days will matter. He then responded, explaining the hold up with Wastewater, relating that Jacksonville Wastewater added a few things to the SCADA system. Commissioner Thomas pointed out that it is not the Planning Commission that is holding up progress but the Wastewater Department and the contractor they have hired. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 2019 7:00 P.M. – 7:57 P.M. Mr. Robinson stated that it is just the SCADA system and as soon as Wastewater has it operational, they will write the approval letter. He then addressed the pump station, saying that Paul from Wastewater has to provide him with a six-month average regarding O&M costs. He then explained exactly what the failure with the SCADA system is experiencing. Commissioner Thomas seconded the MOTION to table the final plat of Jaxon Terrace PH 12. MOTION CARRIED. Chairman Moore offered the opportunity to have a special meeting if letters from Water and Sewer are issued before the next regularly scheduled Planning Commission meeting. Discussion ensued regarding the responsibility of the Planning Commission to uphold the City ordinances as they are written, and the possibility of having input from Water and Wastewater Departments at the scheduled meetings. BUILDING PERMIT(S): ADJOURNMENT: Chairman Moore without objection; adjourned the meeting at approximately 7:57 p.m. Respectfully submitted, _________________________ Susan L. Davitt 8