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06 JAN 05.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on January 5, 2006 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Lewis was absent. Mayor Swaim related that Alderman Lewis underwent surgery and was in the hospital. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Human Resource Director Charlie Brown, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Glenda Fletcher, Mr. Larry Smith, interested citizens and members of the press. SERVICE AWARDS: Mayor Swaim announced that Alderman Smith has received his 25-year service award for his service on the City Council, adding that City Attorney has 20 years in the City Attorney’s Office, and Alderman Stroud has 5-years on the City Council. He also noted that Alderman Rinker has served one year plus and will receive her service award next year. He thanked the members for their service to the City and dedication to make Jacksonville a better place to live. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of December 15, 2005 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 5 December 2005 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. GENERAL: a. RESOLUTION 588 (#1-06) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE ALL APPROPRIATE DOCUMENTS ON BEHALF OF THE CITY OF JACKSONVILLE WATER DEPARTMENT FOR THE SALE OF CERTAIN REAL PROPERTY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 588 (#1-06). MOTION CARRIED. City Attorney Bamburg explained that the Water Department purchased property that a well had been established on, which is currently part of their system. He then explained that it was determined that the additional two lots in the subdivision would not be used for wells and was advertised for sale observing State Statute regulations. He stated that the bids are comparable to the market analysis received on the property. He stated that the City Council is the appropriate body to authorize the sale of real property. Mayor Swaim explained that when the property was originally purchased, the most effective location for the well had not been determined. He stated that they purchased more property than they planned to use and is proposing to sell the additional property to elevate the situation of maintenance. He stated that the property cannot be used productively for additional wells. City Attorney Bamburg read the heading of Resolution 588 (#1-06). Alderman Stroud moved, seconded by Alderman Ray to approve Resolution 588 (#1-06). MOTION CARRIED. b. DISCUSSION Drainage Maintenance Mayor Swaim related that a letter requesting compensation for flood damage and a letter from the City Attorney has been sent to the City Council members regarding property belonging to Mr. Clyde Griffin. Alderman Ray stated that Mr. Griffin has informed him that his property has flooded on three previous occasions. He related that Mr. Griffin has expressed dissatisfaction regarding answers from the City regarding his flooding problems. He added that Mr. Griffin has determined that if the City had cleaned and kept debris out of the ditches, his property may not have flooded. He asked Mr. Griffin to address the City Council regarding his concerns. Mr. Clyde Griffin of 21 Seville, North Little Rock stated that his business is located at 1924-A West Main Street in Jacksonville. He stated his desire to address the City Council regarding drainage problems, adding that over the past year his business has flooded. He related that he has made improvements to the property, adding that he does not agree 2 with certain statements made in the letter from the City Attorney. He presented photographs regarding damage incurred, explaining that the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. monetary request would not cover all the damage sustained. He then explained that the first two times the property flooded he absorbed the loss through his insurance company, adding that the third time the property flooded his insurance company did not cover the full amount of damage. He stated that it is his understanding that the third time his property flooded it could have been prevented if the City had taken the appropriate action to eliminate the flood problem when he had made the City aware of the situation. He then stated that the letter from the City Attorney stated that he had removed certain barriers that were put in place to prevent flooding, explaining that he did not remove the barriers but improved them. He explained that the building did not flood from behind but from the front, adding that if the barrier behind the building had caused the flooding then the water would have entered the building from behind. He added that the water to the rear of the building was consistently lower. He stated that photographs offered for review would demonstrate that the direction of water flow was from front to back. He related that he did increase the levy, adding that if the ditch had not bagged up, the water would not have entered the flood zone. He continued that the bagging up of the ditch was caused from debris in the ditch pass Main Street Bridge. He offered photographs of the ditch, stating that to his knowledge neither the vegetation or sand beds have been removed from the Main Street Bridge behind Southerland’s Lumber Company. He then pointed out, by photograph, the extreme narrowing of Rocky Branch Creek, which he said would have caused the water to back up. He then offered photographs of his property that he characterized as showing that the flooding came from the front of the building. He additionally offered photographs of the north side of the Main Street Bridge showing water backed up to the top of the Bridge, which he stated is in direct support of the debris that is on the south side of the Bridge, saying that the water can not flow freely from the north side of the Bridge. He stated that following the flooding in 2004, he went to the City Engineer to address drainage issues regarding the debris pass Main Street Bridge that was causing the water to back up. He added that he had informed the City that the flow of water into the Creek had been increased by the installation of large culverts on Marshall Road. He stated that while the flow was increased, the ditch capacity was not increased. He went on to say that the City did not take action until after the flooding in 2005, when they cleaned the ditch. He stated that his feeling is that if the City had taken that action when he had made those circumstances known, his property would not have flooded for the third time. He reiterated earlier sentiments in photographs taken in 2005 regarding 3 the narrowing and debris in the Rocky Branch Creek behind Southerland’s. He stated that he acknowledged that the cleaning of the ditch above his property did help, noting that during the last heavy rain his property did not flood. He stated that the entire ditch needs to be cleaned from all debris and sand beds beyond Main Street to keep the water from CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. backing up. He stated that he is asking for assistance regarding the losses he has sustained, which he feels could have been prevented if action had been taken when he first addressed the problem with the City. He reiterated that action was not taken until the third flooding, adding that he was informed by the City that action was not feasible. He stated that he is a taxpayer who pays almost $3,000.00 in taxes. He stated that the photographs prove his point. Alderman Ray asked Mr. Griffin if he had hauled dirt in to build up the levy behind his building. Mr. Griffin responded that some dirt was hauled in and some of the dirt was a result of engineer and contractor pushing up the levy. He stated that he had been informed that the base of the levy had to stay 45’ from the center of the ditch. He stated that he instructed his contractor to leave at least 50’ to 60’ or 70’ from the ditch not the center of the ditch, adding that he wanted to give the City that extra footage in order to prevent flooding. Alderman Stroud questioned if Mr. Griffin was aware the property was in the floodplain when he purchased the property. Mr. Griffin answered that he had made inquiries regarding possible flooding of the building. He stated that the previous tenant had stated that she had been in the building 7 or 8 years with only being flooded one time when the water backed up to the sewage. He then added that the Fire Chief had also mentioned that the time the water got into the building was because someone had left the top off the clean out. He stated that he was assured that as long as he kept the drain open the building would not flood. He stated that in talking with the tenants of the One Stop Print Shop he was told that they had never seen the property flood to that degree in 16 years. Alderman Fletcher noted the extraordinary rains of late, explaining that he lives in a neighborhood, which is considered higher ground and when the heavy rains came there was heavy flooding in his neighborhood. He stated that when rains come down as fast as they have it is hard to avoid flooding. He and Mayor Swaim concurred that the City over the past few years has spent approximately 4 million dollars just on drainage ditches. He stated that the City has been very drainage conscious, adding that he is aware of the history of the building and knows that it has flooded many times. 4 Alderman Stroud stated that as a long time resident of Jacksonville he has seen a lot of flooding, explaining that when Bayou Meto fills up it starts to back up, adding that he does not feel that a deeper ditch would have made any difference. Ms. Melisha Griffin, a co-owner of the property, stated that she is an engineer and has worked with the Corp. of Engineers, whom have stated that bottle necking such as is shown in the photographs is not only bad CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. engineering but would definitely cause flooding. She stated that it would be hard to deny from viewing the photographs, with trees growing in the middle of the ditch, that the ditch has been properly maintained. Mayor Swaim referred to the photographs on page 5, noting that the bridge is at capacity in front of the bridge, explaining that it did not matter how much space there was below stream. He stated that he has visited the building on more than one occasion with the Fire Chief, who would agree that the rear levy was lowered to some degree. He continued that the City’s recommendation was to restore the levy back to its original state, adding that the Fire Chief offered specific instructions as to how he had maintained the building. He stated that the building has flooded many times over the years, adding that the building primarily floods from the front because most of the doors are located to the front of the building. He stated that to his knowledge Mr. Griffin had signed a statement acknowledging that he is aware that the building is approximately 1 to 2 feet below the floodway, adding that it is almost an impossibility to keep a building below the floodway from flooding. He then related that Mr. Griffin signed the acknowledgement statement on 7/29/04. He stated that flooding of the property is not a new problem for that business location, explaining that in conversations with Mr. Griffin he had informed him that the building had flooded in the past but had not done so recently. He explained that there has to be an extreme rain for the building to flood. He related that the rain in question came down at a rate of more than 3” in one hour. He stated that if someone builds in the flood area, the City cannot protect from flooding in the circumstances of a maximum rain. He stated that Mr. Griffin’s acknowledgement that the building is below the floodway means that Mr. Griffin knew in advance that the building was a possible flood situation. He then informed Mr. Griffin that the tax dollars he spoke of earlier are not collected for use by the City regarding General Fund operation but instead goes to the Pulaski County School District, the Library, and the Police and Fire Pensions Fund. He stated that most respectfully he could understand Mr. Griffin’s problem, but added that it is not a reasonable request to expect the City to keep a building that is significantly below the floodway from flooding. Ms. Melisha Griffin stated that while they were aware of the property being in the floodway she does not feel there was any possible way for the water to flood freely through the narrowing of the ditch where there 5 is a tree and bushes. Mayor Swaim pointed out by the photographs that there is additional capacity for water flow in the area. He noted that the City shop building located significantly downstream also floods, explaining that while he sympathizes with their plight it should not be expected that City government protect a building that is below the floodway. He continued that he clearly remembers Chief Vanderhoof offering specific instructions regarding the restoring of the levy from being lowered and the necessity of someone being present and keeping the drain open during a heavy rain in order to prevent flooding. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. Mr. Griffin conveyed his understanding of those matters, explaining that the levy to the rear of the property is sufficient to prevent flooding. He explained their desire to clean the property and remove brush but did not move the levy, adding that the Fire Chief had relayed the purpose of the levy. He stated that the City continues to avoid the situation by not addressing maintenance of the ditch pass Main Street, adding that the ditch above the property was not cleaned until after July’s flood. He continued that if the City had cleaned the ditch earlier his property and other houses may not have flooded. Mayor Swaim stated that there is significant capacity below and above the area. He stated that he understands Mr. Griffin’s difficulty, but does not feel that it is the responsibility of the City to guarantee a building will not flood when it has been built below the floodway. He noted that by today’s standards that building could not legally be built without being elevated 1’ above the floodplain. City Engineer Whisker stated that without making significant changes in the pattern, building is prohibited in the floodway, adding that it is required that any building in the floodplain be elevated 1’ above the base flooding elevation. In response to a question posed by Mayor Swaim regarding Mr. Griffin’s sentiment that improvements upstream have increased his flooding problems, City Engineer Whisker responded that he had spoken with the hydrologist who installed the pipes at Marshall Road, explaining that he was informed that the water going to Rocky Branch Creek has remained about the same. In response to a question posed by Alderman Fletcher, it was noted that there has been recent work performed by Mr. Griffin, within the last 10- days, regarding the rebuilding of the rear levy on the property. Alderman Fletcher expressed concerns, explaining that if the dirt hauled to the site is not sodded or compacted in some way it will eventually wash downstream causing problems. Mr. Griffin stated that such problems as voiced by Alderman Fletcher did 6 not occur, adding that when he was told that the lowering of the levy caused the November flooding, he then had the levy rebuilt prior to the July flooding incident. He stated that work performed in the last 10- days has been additional improvements to the property. He stated that while he did everything possible to prevent flooding of his property, the City failed to help in those efforts by cleaning out the ditch prior to it being cleaned after July. He related that it is his feeling that the City only decided to clean the ditch when homes in addition to his business were flooded during the July rain. Public Works Director Jim Oakley stated that the cleaning of the ditch was prior budgeted and scheduled in the 2005 budget regarding the renting of a heavy piece of equipment used by the City to perform work not only CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 5, 2006 7:00 P.M. – 7:42 P.M. in this area but in four other sites in the City. He related that large ditch work is routinely performed in August and September being generally the driest months in the year. Mr. Griffin thanked the City Council for an opportunity to address his concerns. APPOINTMENT(S): Mayor Swaim announced that City Hall will be closed Monday, January 16, 2006 for Martin Luther King’s Birthday. ANNOUNCEMENT(S): Mayor Swaim noted that requests for bonding companies regarding the millage passed for the development of a new library has been sought with three responses. He stated that a committee has reviewed those responses and selected a firm for negotiation. He asked the City Council for permission to move forward in securing that firm as the bonding company for the new library. Alderman Fletcher moved, seconded by Alderman Elliott to suspend the rules and place the item on the agenda. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Stroud to authorized the Mayor and City Clerk to enter into a contract regarding securing a bonding company for the library issue. MOTION CARRIED. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:42 p.m. Respectfully, ________________________ _________________________ 7 Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8