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Minutes for the Stormwater Management Board meeting for December 19, 2007.
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STORMWATER MANAGEMENT BOARD MEETING MINUTES
Date: December 19, 2007
Location: Huntington Building
Conference Room #105
900 West Monroe
Jonesboro, AR 72401
Time: 8:30 a.m.
Opening: Chairman Farmer called the meeting to order at 8:35 a.m.
In Attendance marked in bold
Members:
Dewaine Beisner
Don Culpepper
Michael Daniels
Alec Farmer, Chair
Jerry Farris
Betty Shaw
John Street
Gene Vance, Vice-Chair
Jon Wilbanks
Nathan Young
Dennis Zolper
Officials & Staff:
Doug Formon - Mayor
Tony Thomas - Project Administrator
Erick Woodruff - Public Works Director
Otis Spriggs - Director of Planning & Zoning
Kelly Panneck - Chief City Engineer
Craig Light - Assistant City Engineer
Janice Patton - Secretary
Michael Morris - Civil Engineer
Thomas White - Assistant City Planner
Others:
George Hamman
Harold Carter
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
A. Minutes for the November 28, 2007, Stormwater Management Board Meeting (Attachment)
The Board requested changes to the minutes. Page 2, IV. New Business, Paragraph 2: change the word “approach” to “address” in the second sentence of the paragraph. Page 3, Paragraph 1: Farris gave revisions to the Secretary in writing. The first and second sentences of the paragraph were amended. Page 5, V. Pending Items, Paragraph 4, third sentence: change “the addition of approximately $200” to “an average estimated cost of $200.”
Discussion was held between Board and staff regarding the last paragraph of Page 4. No changes were requested.
Motion to approve the minutes as amended was made by Zolper and seconded by Street. The amended minutes were unanimously approved.
IV. NEW BUSINESS
V. PENDING ITEMS
A. Review of the Stormwater Management/Drainage Ordinance
Light introduced staff member Michael Morris, Civil Engineer for the City of Jonesboro. Light passed out a revised version of the Ordinance. He stated that a strike through format indicates a deletion and italics indicate new language added. He further stated that some language has been moved from one section to another for the document to be clear to the reader. He tried not to remove language from the document, but moved it to another section instead.
The Board stated that the Ordinance has basically been rewritten. This is the first time the Board has seen the revised version. The Board also stated that it seems like the review starts at page 1 at every monthly meeting. The Board would like to have a document from the staff that is a final recommendation. Then they will review it. Light said the language in Article 5 regarding maintenance bonds needs to be clarified. He also said Article 6 Enforcement has been read through, but he believes it is the Board’s decision. The Board requested staff to send the final recommended document to the Board two weeks prior to the next meeting. This way the Board will have time to review the entire document. The Board also requested that the document be reviewed by the City Attorney.
Light tried to clarify the maintenance bond issue in Section 5. Zolper said if it is possible to reference the Drainage Design Manual by specific sections it would be better and the Ordinance would require less detail. Farmer asked if Vance was comfortable with the manual from a developers stand point. Vance said the manual was previously reviewed and approved.
There was discussion between the Board and staff regarding in lieu contribution fees. Light stated that the amount varies. Street wants the cost to be relevant to what it really costs the City to do a project. Farmer said the in lieu fees should be a high estimation on the City’s cost so the City would have enough funds to cover the fees. He also said the Board needs to give the staff a recommendation on this issue.
Regarding the finished floor elevation, Farmer was told by Auld that they do not do a finished floor elevation for every lot in Nashville. The lots at risk could be identified on a plat. An engineer should identify that one lot and it could possibly be raised to the necessary elevation. Zolper said that transferring the liability from the City to the Engineer of Record is a good compromise.
Beisner asked why the majority of the flooding is happening in residential areas. For the most part, commercial properties are designed by engineers and architects and done by best engineering practice whether they are in a flood zone or 15 miles from a flood zone. The Board’s goal is to make every attempt to prevent new structures from flooding during a less than 100-year event. Farmer presented a visual explanation. Light said this Ordinance requires the engineer to determine where the base flood elevation is in the subdivision. When the drainage system fails, the engineer has to identify where that the water flows, the depth and what lots are affected.
Side lots have been addressed by staff in the revised Ordinance. The Board asked what the basis is for the city maintaining the easement. Light said they need to define what maintenance is. Maintenance in his opinion is keeping the grass mowed. One Board member stated that in new development it will be the natural flow. Light defined in his opinion what maintenance is under the definitions of the Ordinance. If it is a public facility and there is an easement, the City has some responsibility to correct the problem. If it is a pipe that is clogged, the City should make the repair. All ditches in new developments should be 3 to 4 side slopes and should be maintained.
The Ordinance proposes that the owner of record or the property owner’s association shall be responsible for the maintenance. Unless the property is deeded to the City, it belongs to someone and that is the owner. This is the way it is being handled now with the planning commission. If the detention pond is an easement, it will be dedicated to the City. Zolper said the Maintenance Bonds would have to be filed on record with the City Clerk. There was discussion about the maintenance and upkeep of the detention ponds. The City is not in a position to continue to purchase land for the construction of detention ponds. Wilbanks said he believes there was a law passed that has a drainage utility. Hamman said in other places, the City requires them to do a detention pond, and then the City takes it over for maintenance. There was additional discussion regarding other detention ponds. The Board is not grandfathering in properties.
Vance suggested meeting two weeks after the date that staff provides the revised ordinance to the Board. The next regular meeting is scheduled for the 16th. Light said most of the Articles have been reviewed. Zolper suggested separating Section 6 to have the City Attorney review it. The Board wants the complete document for review from the staff. Farmer said they need to get the Best Management Practices done. Street said the minimum requirement should be what is implemented.
Light said the grading permit section is slightly more stringent than what the state requires. A SWPPP is a Stormwater Prevention Pollution Plan. They need a copy of the SWPPP for every construction site to issue a grading permit. The City’s permit requires a date of the start of construction and a date that construction is complete. The state requires that they have a SWPPP, but they are not required to submit it. They are not required to submit a notice of intent to the state. The City has been issued a letter from ADEQ that the City is the primary enforcer. The only difference between the state law and proposed City requirement is that it be submitted to the City. If a lot is purchased, it is the developer’s individual site and they have to control stormwater runoff and erosion on that land. Light is suggesting that the plan be submitted to the City so builders and contractors get in the habit of having one. These regulations are included in the Design Manual.
Street made a statement about the Best Management Practices. Light said as a City employee, he wants the City’s plan to be in compliance with the permit. Requirements for water quality are already in the manual. The City will do the minimum required. The City has submitted their notice of intent. This program has to be up and running by the end of the year before the deadline. This includes education among the contractors and builders.
The ADEQ permit was previously given to the Board. Before the City received the permit an application was sent in. The Board asked the Secretary to email the application. The Board agreed they need to address maintenance of the ponds.
The Board announced the next regular meeting on January 16, 2008.
VI. STAFF REPORTS
VII. PUBLIC COMMENTS
Mr. Harold Carter asked the Board if they had decided whether or not responsibility would go back to the engineer or the developer. Farmer stated that he did not believe that was a decision the Board could make. Zolper made comments on the process.
VIII. ADJOURNMENT
Chairman Farmer adjourned the meeting at 10:10 a.m.