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07 FEB 01.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 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 February 1, 2007 at the regular meeting place of the Council. Mayor Swaim delivered the invocation and Alderman Ray led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Aldermen Twitty arrived at approximately 7:35 p.m. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Linda Dulaney, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, CDBG Director Teresa Watson, Representing Engineer Jay Whisker, Mr. Tommy Bond, Mr. Wally Nixon, Planning Commission Chairman Mike Traylor, Planning Commissioner Mark Stroud, Planning Commissioner Chad Young, Mr. Charlie Bocksnick, Mrs. Addie Gibson, Mr. Larry Smith, Mr. Alfonso Nations, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of January 18, 2007 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 4 January 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: a. ORDINANCE 1303 (#2-07) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF PURCHASING NEW FIRE PROTECTIVE GEAR (TURNOUTS) FOR THE JACKSONVILLE FIRE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Ray that Ordinance 1303 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1303. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1303 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard 1 voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1303 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1303. Alderman Stroud moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1303 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1303. Alderman Howard moved, seconded by Alderman Sansing that Ordinance 1303 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED AND NUMBER 1303 THIS 1 DAY OF FEBRUARY 2007. b. Request to Accept Bid for addition & renovation of Fire Station #3 Mayor Swaim related that Fire Station #3 is located in the Toneyville area and was built in the 70’s. He stated that originally, the station was built as a two-man station and now the Fire Code requires three firefighters per truck. He noted that the low bidder is the same company that constructed the addition to City Hall. Alderman Stroud moved, seconded by Alderman Howard to accept the low bid of $216,900.00 from Morris Beck Construction with funds to be drawn from the Capital Project Fund. MOTION CARRIED. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: DISCUSSION Heritage Park/Graham Settlement Drainage Alderman Fletcher related that he had been contacted regarding drainage issues in the newly developed Graham Settlement Subdivision. He explained that the City had cleaned out a ditch to the rear of seven lots, saying that the developer and the builders are concerned that the ditch will hinder the sale of lots. He went on to say that there is the question of whether the City should have performed any work there or not. He stated his desire is to see a quick solution, pointing out that 2 photographs and minutes from the Planning Commission meetings were supplied to the City Council. He stated that after reading the minutes CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. he is not sure there has not been a misunderstanding in the development stages of the Subdivision. Mr. Wally Nixon, developer of the Graham Settlement Subdivision, stated that he would like his engineer, Mr. Tommy Bond, to explain the history with the Planning Commission and why he believes the City should remedy - before they loose opportunities among the builders who have purchased lots to sell. He noted that one of the builders, Mr. Chad Young is present and may want to address the City Council. He then stated that another builder, Mr. Robert Ruetter who could not be present, had related that while he had seven or eight buyers interested in purchasing a home, they also had said that they did not want to purchase a home with a ditch in the back. Mr. Tommy Bond stated that when the development was brought before the Planning Commission, Representing Engineer Whisker had wanted the developer to pipe the drainage from the boundary line of Heritage Park all the way to Loop Road. He stated that in doing his job, he argued against piping it because it would be 600 plus feet and would have been a sizable amount of money for the developer. He stated that ultimately there was an agreement to build a concrete swale that went to the low part in the back where the water generally collects. Representing Engineer Whisker explained that he is not sure if everyone realizes that Heritage Park has two drainage points that meet behind the houses where the concrete swale is located. He stated that the concrete swale at the north end of Heritage Park is at Heritage Street and runs back around to the top house and five houses to the south there is a pipe that runs to the back of Graham Settlement lots. Alderman Fletcher asked if the ditch were filled, where would the water drain. Representing Engineer Whisker stated that the water has always gone down and headed toward the swale. Mr. Tommy Bond stated that there was water in the area when the project was started, adding that he believes most of the water that is referred to as sheet flow, ran across the ground. He related that probably the construction of houses has obstructed the sheet flow. He went on to say that he did not realize but added that he thought building the concrete swale would fix the problem until he was contacted by Mr. Dave Kinman who was constructing a house on lot 17. He then stated that at sometime he felt someone must have complained to the City and Public Works Director Jim Oakley had the ditch dug out. 3 Public Works Director Jim Oakley stated that the ditch was dug out in order to keep the water from overflowing out of the easement and into the backyards on both sides. He went on to say that it was a concern that water was approaching the back door of the house on lot 17. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. In response to a question posed by Mayor Swaim, Representing Engineer Whisker stated that if the ditch is filled, water will back up and eventually push dirt back out as it runs its natural course. Mayor Swaim clarified, and Representing Engineer Whisker concurred, that the drainage from Heritage Park has always drained to that area in question. He asked Representing Engineer Whisker if it would be a fair statement, in his estimation, that the Planning Commission failed to require the developer and engineer to do an adequate job of providing proper drainage. Representing Engineer Whisker agreed that it is a fair statement, saying that the concrete swale is connected to low point, adding that the water has always flowed around those houses in Heritage Park, down their back fence line to the point where the concrete swale connects. Mayor Swaim stated that his reason for making that observation was that during the development of the Graham Settlement Subdivision, both Representing Engineer Whisker and Public Works Director Jim Oakley had advised him that the proposed drainage would not keep the lots from flooding because of the natural course of water flow. He stated that he also would like to see a solution, but recognized that the problem is a design flaw that should have been corrected when the Subdivision was constructed. He added that it is not the City taxpayer’s responsibility to help develop land that has water running across the property. He surmised that the City could go back and fill the ditch, but added that this should be a lesson to the City for the future as to what is required in a development that has a drainage problem. He stated that approximately 4 million dollars has been spent during his tenure as Mayor to address drainage problems that were poorly designed. He stated that Jacksonville’s water problems could only be assisted when efforts to get the water where it is suppose to go are addressed. Mr. Wally Nixon stated that the problem preexisted the development of Graham Settlement, saying that the water was flowing across that way because of the drainage ending at Heritage Park. He continued that he supposed he could argue the point that the ditch should have been put across the lots of the people in Heritage Park but there are fences there and no one would want to put a ditch through the property owners who’s property is being drained. He stated that currently there is only a utility easement, adding that they granted no permission for a drainage easement and they were not required by the Planning Commission to provide that, so they do not feel it is their obligation to create a drainage 4 ditch for the Heritage Park water that drains off. He added that they would be willing to grant an easement if the City would work with them to make something work that will allow these lots to be made into nice, useable, salable lots for the builders that are purchasing them. Alderman Stroud stated that he agrees with Mayor Swaim, noting that he attended the Planning Commission meetings when the development was being considered. He stated that there were two controversial issues, CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. one being the entrance and the other being the drainage. He explained that the development was passed with a 4 to 3 vote of the Planning Commission. He stated that the motion to approve was contingent upon the entrance, rezoning, and drainage issues being taken care of, adding that specifics were never clearly stated other than the fact that a concrete swale would be built to take care of the water. He continued that the swale only took care of the water once it reached that location; no one ever said what would be done to address the water once it came off Heritage Park. He stated that he also does not feel that the cost to correct the problem should be placed on the citizens. He related visiting the site with Public Works Director Jim Oakley and surmising that a swale could be put where the ditch curves to allow the water to continue to go the way it has before. He stated that it would not fix the problem and he does agree that the ditch is not conducive to the sale of the lots. He stated that he does not feel it is fair for the developer to come back to the City because the City approved it because it is private property and it should have been developed properly when being developed. Alderman Ray stated that he had visited the site and walked the ditch line. He then related that he had spoken with a builder and noted that if the ditch were filled, the water would run into the back yards. He speculated that in turn buyers would call the City regarding drainage problems. He suggested that a compromise be struck between the City and the developer, adding that he had related to the builder that the only way he felt the ditch could be made to look better would be to concrete the ditch, making it a swale down to the larger swale that could catch the water. He added that he would not like to see the ditch filled because it would only allow the water to run into the back yards. Mr. Nixon stated that their thinking was that if they had done that, they would be here responding to the question of why did you put a ditch in these people’s back yards but we did not do that. It may have been creating some of the problems that we were hearing about. He stated that he is not sure what the solution is, adding that they are trying to be reasonable about the situation and would like to avoid litigation over it. He added that they feel they were not the cause of the problem when this Subdivision was put in, acknowledging it as a difficult problem. He added that he does not guess there is anyway to look at the developers or owners of the property where the water comes from. 5 In response to a question posed by Mayor Swaim, Mr. Nixon stated that he does not believe the water can go back to the south, agreeing that it looks as if the water does have to come the way it is. Discussion ensued regarding possible directional paths for the water. In response to a question posed by Alderman Twitty, Alderman Ray stated that his solution would be to concrete the ditch. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. Mr. Chad Young addressed the City Council as the builder of lots 14 and 15. He stated that the problem with a concrete swale is that there is a manhole and a sewer line running along the same area. He then noted that a concrete swale would cause a loss of 6 to 8 feet of the back yards, adding that it would then be hard to make the back yards look attractive. He stated that he would like to see the drainage addressed underground, which would be better when fencing the back yards. He related that he would like to see it piped underground to the concrete swale. Mayor Swaim stated that there would not be anyway to put in a pipe without creating a mound, explaining that the ditch is not deep enough. He then stated that the other consideration would be the volume of water coming from Heritage Park, adding that if the volume of water could not be handled by the pipe the water would continue to run across the yards anyway. He suggested the use of rip-wrap, noting that it might not be the attractive solution but added that since the drainage was not dealt with properly from the beginning it would be difficult to make any remedy look good. Mayor Swaim questioned both engineers, if a pipe could carry the water and be buried without having to tear out the concrete swale and doing what the City Engineer wanted to do when the subdivision was proposed. Representing Engineer Whisker stated that he has not looked at the grade, adding that most anything could be engineered but that it would cost a considerable amount of money. He then stated that possibly more pipes side by side would have to be used to carry the same amount of water. He stated that honestly he is not sure if it could be piped. Discussion ensued regarding the 90° angle behind the lots, which would slow the water down. Other solutions were discussed and Representing Engineer Whisker stated that the lower the pipe is eventually you will hit road that will require going under the road with more pipe until you get to Loop Road. It was noted that the sewer line is 4 to 6 feet deep. Mr. Bond stated that if the water were piped you would have to go all the way to Loop Road to get the water out of the ground, which is 600 plus 6 feet of pipe. Mayor Swaim pointed out that is what the City Engineer requested be done when the subdivision was being approved for development. Representing Engineer Whisker concurred that was his recommendation in the beginning stages of the plat. Mr. Chad Young stated that when he purchased the lots in September the lots were dry and there was no indication of a drainage problem. He stated that after observing the water he noted that there is approximately 1’ of distance from the natural swale before it get to where the cut out happens. He stated that he would not be opposed to a small mound that he could set the fence on and help screen the back yard from the neighbors. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. Representing Engineer Whisker stated that if a mound were created it would trap water onto Heritage Park preventing the sheet flow, which becomes a separate problem. He stated that it is not always good to pipe a ditch regarding sheet flow allowance. It was noted that the water from Heritage Park flows towards the ditch and in the new subdivision. Alderman Sansing offered that in his subdivision there had been problems with flooding until the City concreted the ditch, which helped tremendously. Alderman Fletcher noted that the back yards in the Graham Settlement are small back yards, which cannot afford to loose additional ground for an open ditch. He continued that he is sympathetic to the property owners loosing part of their yards. Discussion ensued regarding solutions at this stage, which might require a small loss of yard. Alderman Sansing noted that if the ditch is not concreted it would create a silt and erosion problem down stream. It was noted that filling the ditch would not solve the problem of flooding in the subdivision. Mr. Nixon stated that he felt if there is going to be a swale or ditch, homeowners in Heritage Park should share in the contribution of property to provide for that. Alderman Twitty stated that she did not feel that the adjacent subdivision would want to participate in those drainage issues. Mr. Nixon stated that he is sure they probably would not, adding that 7 they have lived with the result of the water flowing across their land for years. He then stated that it is a question as to if the new houses are contributing in someway to the water backing up more. Mayor Swaim asked for clarification, stating that his understanding is that Public Works did not dig a new ditch but cleaned out an existing ditch. Public Works Director Jim Oakley stated that he under cut the ditch approximately 6” to remove old vegetation that had been dumped. He stated that it is a natural low area where the water drains. Mr. Nixon noted that it graduates from being very shallow on the south end until it gets much deeper near the swale. Alderman Fletcher suggested that since the majority of water from Heritage Park is coming from the pipe, a ditch could be dug straight from there to Franklin Street and then fill in the ditch behind the new lots. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. He stated that it would take care of the water behind lots 14 down 4 or 5 houses. He stated that a slight swale could take care of that. Mayor Swaim stated that the only problem with that is that there is a house directly in the way and that two separate owners would have to grant a drainage easement. Mayor Swaim stated that it is City Attorney Bamburg’s opinion that the existing easement can be used as a drainage easement or a utility easement. City Attorney Bamburg clarified that there is an easement behind the lots on Graham Settlement and an easement to the rear lots of Heritage Park. He stated that it looks as if there is a 10’ easement on the Heritage Park side and a 15’ easement on the Graham Settlement side. Discussion ensued regarding the quickest way of getting the water that comes off Heritage Park to Franklin Street. Mr. Young stated that the reason he did not purchase lot 17 was that it had a concrete swale adjacent to the lot. Discussion ensued regarding the formation of a committee to solve the issue and the responsibility of costs. Mayor Swaim stated that he does not feel that 100% of the cost responsibility is with the City because in the planning stage the City Engineer issued a warning that this would occur. He stated that he feels there is responsibility all around and the costs must be shared. Alderman Elliott clarified that his understanding involving the wording 8 of “easement” without specificity of being drainage or utility is that it could be used for either. City Attorney Bamburg stated that when an easement exists in this nature and particularly one that has been used in that manner for a number of years it would be used as a drainage easement. Representing Engineer Whisker clarified that the easement for Heritage Park states that it is a utility easement but the drainage flows there and it has always been used as a drainage easement. Former Planning Commission Chairman Mark Stroud stated that when the subdivision was presented the major concern was the water coming in at the corner of the Subdivision, noting that they were aware of the 12” drainage tile but since it did not come to the edge of the property, from a Commission standpoint they could not require the developer to connect onto other developed property. He stated that the rise of the land before the new houses were constructed aided the water in flowing down toward the corner of Heritage Park. He reiterated that the Planning Commission was hindered in being able to make the developer go back onto property that was not part of the new development. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. Alderman Ray suggested that the item be tabled pending further investigation through a committee. Committee members included Representing Engineer Whisker, Mr. Tommy Bond, Mr. Wally Nixon, Alderman Ray, Public Works Director Jim Oakley, and Mr. Chad Young. It was the consensus of the City Council to proceed with the committee as suggested. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Swaim noted that a hearing would be set for th February 15 to hear a petition to form a property owner’s improvement district for The Meadows Subdivision. In response to a question posed by Alderman Fletcher, Mayor Swaim related that the ditch on North First would be the jurisdiction of the State Highway Department. Public Works Director Jim Oakley noted where the drainage runs; adding that he is not sure if there is a prescribed easement for drainage. He added that he believes the owner rather than the Highway Department installed the pipe. Alderman Twitty related that she had received a complaint call regarding pools from a resident on Welham. 9 Mayor Swaim stated that he was aware of the complaint and had forwarded a copy of the ordinance regulating the draining of pools to the resident. Representing Engineer Whisker stated that it has been a reoccurring problem because of the natural flow of water. Mayor Swaim stated that the problem would be monitored. In response to a question posed by Alderman Fletcher, Mayor Swaim stated that the bill for the joint education facility has passed but the monies have not yet been appropriated. He noted that this project along with many others have not been funded because Congress has not actually passed the budget. He noted that the continuing resolution will expire February th 15 and one has been passed for another extension. He stated that until Congress votes to appropriate the Milcon Funds, it has been approved but the monies have not been set aside. Mayor Swaim then related that there has been a recent meeting with the engineers for the project, noting that the Base is very excited about the possibility of receiving the funds this year. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2007 7:00 P.M. – 7:49 P.M. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:49 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 10