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Minutes for the special called Stormwater Management Board meeting on February 6, 2008
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STORMWATER MANAGEMENT BOARD SPECIAL CALLED MEETING MEETING MINUTES
Date: February 6, 2008
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 8:30 a.m.
In Attendance marked in bold
Members:
Dewaine Beisner
Todd Wilcox
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
Craig Light - Assistant City Engineer
Janice Patton - Secretary
Michael Morris - Civil Engineer
Tracey Cooper - Contract Coordinator
Phillip Crego - City Attorney
Others:
None
I. CALL TO ORDER
II. ROLL CALL
Farmer took roll call and announced that Todd Wilcox will be replacing Don Culpepper on the Board. He introduced Wilcox to the Board and staff.
III. SPECIAL MEETING ITEMS
A. Review Stormwater Management Regulations (Attached)
This document is officially titled “Regulations” now instead of “Ordinance.” Light stated that the City Attorney has approved this request. Zolper congratulated Light and his staff on a job well done.
Light read over the definition for flooding, which had been added to the document. Farmer reviewed all changes from the previous meeting.
Zolper suggested trying the in-lieu contributions as written in the Regulations and see if it works. Farmer said there would be a public hearing and notice would have to be published for the public to know about these changes.
Light consulted CWL regarding the manholes. CWL said they knew basically where the water was flowing and they could look at it. Light included language that CWL would evaluate it.
Finished Floor Elevation. Light briefly read what he has suggested for this issue.
Section 6.2. The City Attorney wanted to add the following language to the end of this section: Each day shall constitute a separate offense. The Board agreed to add the language.
Daniels still had concerns regarding the in-lieu contributions. He gave an example of a situation that may cause problems. Anything that is new will have to follow these regulations. Light said if the subdivision has already been approved, he does not know how they could go back and change it. When they submit for their lot they will fall under the statute that each individual lot falls under for the regulations in effect at the time. Each lot would be responsible for mitigating its own runoff. Light and Spriggs helped explain why this is necessary.
Zolper said with this ordinance he sometimes get the impression that with every development no matter what the size of the lot, if it has a downstream affect, then on site detention is required. Light said they could do downstream improvements that mitigate drainage. The Board had discussion at great length regarding who should and should not be required to do in-lieu contribution fees. Light said he thinks they are getting complicated in how they are going to handle in-lieu contribution fees. In some cases they are dealing with a larger volume of water and it flows into the county. Therefore, it may cause flooding outside the city limits, or downstream flooding in the city limits. Light explained an example that has caused this result within the city.
Wilcox asked staff how they calculate the amount of the contribution. Light said the calculation is based on how much the project would theoretically cost. Farmer asked if there was a formula. Light said it was based on the cost of the improvements. Light mentioned the Greenbook Standard Specifications for Public Works Construction that may be a good resource. There may be a uniform cost for all developers. Wilcox asked if it would be up to the engineer and builder. Light said it would. A few of the Board members said other builders could sometimes do a job cheaper. Wilcox suggested having something in writing instead of changing it from this job to that job. Right now everyone wants in-lieu. Street pointed out that the City has to maintain something with in-lieu contribution. Farmer said City is going to try to put money back for the future when more developments are created and drainage problems are created. The City still has to have those dollars that match that area. Wilcox gave an example and the Board stated if a builder does not agree with the City’s decision, then they can appeal to this Board.
Shaw asked for a formula for in-lieu contributions. Light agreed to work on one. Zolper said the first choice is on-site detention and off site detention is the second choice. The third choice is in-lieu contribution. Shaw said there will be problems in redevelopment of older areas.
Farmer went over the following points regarding the in-lieu contributions:
1) Benefits the city and developer
2) Raw land costs will vary for different parts of the City
3) Construction Costs
a. City purchase request v. private
b. Per unit costs (this needs to be established)
4) Appeal decision to the Stormwater Board
Light said the Greenbook is for public works construction. Vance suggested developing a formula based on the points Farmer discussed. They need to decide how the formula is going to work. Vance said this is a mandate that will have to be followed.
Farmer stated that these regulations cannot cover every situation, but they can cover the most common situations. The Board and staff continued to discuss in-lieu contribution fees at great length.
The definition for Engineer of Record was discussed. Light suggested adding language that stated “construction administration and observation and inspection of all facilities to be dedicated to the City of Jonesboro” instead of “construction inspection.” Motion to change the language of the definition to that presented above was made by Zolper. Motion was seconded by Street and unanimously approved.
The suggested minor changes to other definitions were agreed upon between Board and staff.
Zolper discussed Section 5.1 as related to the definition for Maintenance. The Board agreed to shorten and clean up the second paragraph of 5.1.
Light suggested adding the following language to Section 4.5(F): Any proposed lot or lots located in a local or FEMA Special Flood Hazard Area (SFHA) shall be identified and the Finished Floor Elevation shown on the record plat. Finished Floor Elevation shall be referenced to the applicable engineering study.
There was much discussion and explanation to bring the new Board member, Wilcox, up to speed on the current conversation. Wilcox expressed concern about the word “local.” He gave an example of where the word local could cause a problem. Zolper said these regulations prevent that situation from happening.
Motion to add the above language to 4.2(F) was made by Zolper, seconded by Wilbanks and unanimously approved.
The City Attorney suggested the following language be added to the end of Section 6.2: Each day shall constitute a separate offense. Motion to add the City Attorney’s suggested language was made by Zolper. Wilbanks seconded motion and it was unanimously approved.
Zolper asked light to explain the language in Section 5.5. Zolper also asked about Section 3.3.2. Contractor is not defined in the definitions. Vance suggested adding Contractor to the definition for Developer.
Light stated that he changed the definition of Development to the FEMA definition. The Board agreed. He also did the same with the definition for Special Flood Hazard Area. Motion to make those changes was made by Zolper and seconded by Street. The motion was unanimously approved.
Farmer stated that he will do a brief presentation explaining the Board at the next NEA Homebuilders Association meeting.
B. Review Ordinance to Amend Title 9, Streets and Sidewalks, of the Jonesboro Code of Ordinances, to Strike and Replace Existing Codes That Are In Conflict With the New Stormwater Management Ordinance (Attached)
Light explained the need for the Ordinance once the Regulations are passed and announced that he was simply informing the Board of the document. The Board agreed to review the Ordinance again once the Regulations have been finalized.
III. ADJOURNMENT
Chairman Farmer adjourned the meeting at 10:10 a.m.