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Minutes for the special called Public Works Committee meeting on July 13, 2006.
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Public Works Committee Minutes
Special called meeting
Tuesday, July 13, 2006
4:30 p.m.
Members present: Jimmy Ashley, Darrel Dover, Alec Farmer, Cecil Province and John Street. Councilman Moore was unable to attend.
MINUTES
Councilman Farmer motioned, seconded by Councilman Ashley, to approve the minutes from the June 6, 2006, regular meeting as written. All voted aye. Minutes were made to those in attendance.
ORDINANCE & RESOLUTIONS
Resolution to amend the agreement with Fisher & Arnold for professional services pertaining to the Lawson Road extension: Councilman Dover questioned whether there was a set cost or if it was open-ended. Mr. Claude Martin stated the contract does have a set amount, but he did not have the amount with him. Councilman Farmer questioned whether the committee should approve the resolution for the re-design of Lawson Road before the contract is signed by Mr. Ken Yarbrough and his wife. City Attorney Phillip Crego stated both parties should sign the contract. He also explained part of the re-design contract is to survey the road, which must be done to get the property description that is needed before Mr. Yarbrough can convey the property. Mr. Martin stated they can tell the company not to start work on the project until the contract is fully executed. Councilman Farmer motioned, seconded by Councilman Ashley, to approve the resolution and recommend it to full Council with the stipulation the survey work only will be done until the contract is received. All voted aye. Councilman Dover questioned when the 365 days start. Mr. Martin explained the 365 days will start from the day the contract is signed after bids are taken.
Resolution accepting temporary and permanent drainage easements from Scurlock Industries - Lost Creek Drainage; Larry W. Roberson Irrevocable Trust - Lost Creek Drainage; and City Water & Light - Lost Creek Drainage: Chairman Street questioned if Mr. Mike Cameron had received the study that has the information Mr. Cameron was asking for. Mr. Cameron explained he has the study and found many things he questions. He stated he needs time to reconcile the issues. He explained, for instance, the CLOMR did not take into account the Carter Burgess information with the flows on Lost Creek. He stated the CLOMR refers to the study, but did not use the information. Mr. Cameron stated he found other discrepancies, such as the CLOMR stating the Willett Road Bridge was almost finished even though the CLOMR was signed in 2005. He added the hydrology addressed was 15 years old and did not include the Carter Burgess hydrology. He added he’s filing for injunctive relief. Mr. Jake Rice, from CWL, explained the project has been awarded and will start 10 days from July 11th. Mr. Cameron questioned whether CWL would start the project despite his concerns. Mr. Rice stated they have met the criteria with FEMA and have their CLOMR. He added they think it’s in the best interest of the rate payers and adjacent property owners to finish the project. Chairman Street questioned whether CWL would start regardless of whether the resolution was passed. Mr. Rice stated as far as he knows the resolution was just to accept drainage easements. Mr. Martin stated they have to accept the easements to maintain the ditch after the project is complete, but it’s probably not needed for construction. Mr. Cameron stated he was denied information by FEMA that could show whether his property will be affected or not. He explained the CLOMR shows him the project has been misrepresented to FEMA. Councilman Farmer noted the 1981 maps were referenced instead of the 1991 maps. Mr. Martin stated he did not know why it referenced the 1981 maps. He further explained the CLOMR was sent in before the project was started. Mr. Cameron asked whether the City had to do a CLOMR on Willett Road. Mr. Martin stated they did LOMR on Willett Road, which indicated the as built conditions. Councilman Farmer questioned whether the project has to be finished before doing a LOMR. Mr. Martin explained the project has to be completed before a LOMR can be done. Mr. Cameron questioned whether he can get a copy of the flows in the Carter Burgess study. Mr. Martin stated they can give Mr. Cameron the flows for present time, but he can’t guarantee they’ll be the final flows. Mr. Cameron stated he’s heard it shows a 10% increase on his property. He further explained there would be damages, such as having to pay for flood insurance when it’s not needed. Councilman Farmer stated the City is operating under the 1991 maps unless there has been a map revision. He further stated if there was other information available, then the Floodplain Administrator should look at the 1991 maps and the information on hand. Mr. Rice stated the study was submitted prior to the Carter Burgess study and Mr. Black did not redo the hydrology. He added Mr. Black had a conversation with Carter Burgess and it was indicated to him that the flows are not changing enough to have an impact. He stated the LOMR will take those numbers into account. Councilman Farmer questioned whether the numbers they’re talking about referring to Carter Burgess is the CTP Project for Lost Creek. Mr. Martin stated if he understands correctly, then Councilman Farmer is correct. Councilman Farmer then questioned why Mr. Black was given access to the Carter Burgess numbers to verify the CLOMR, but Mr. Cameron can’t get access to the numbers even though he has concerns about it. Mr. Martin stated they can give Mr. Cameron the numbers, but they’ll just be current flows. Councilman Farmer stated he understands the way the process goes is that the new data is supposed to be provided by the consultant to the Floodplain Administrator. He added the Floodplain Administrator is supposed to use the existing maps with revisions and if they believe someone might be in danger by the new information, he has a duty and responsibility to notify that property owner of the new construction. Mr. Bevill stated he thinks the responsibility would be for the staff to contact FEMA that there’s new information, not the property owner. Mr. Cameron questioned whether anyone notified FEMA that there was new information regarding flows. Mr. Martin and Mr. Bevill stated they have not contacted FEMA. Councilman Farmer questioned the process as to whether the engineer prepared the CLOMR, Mr. Martin signed it, then sent it to Mr. Black who submitted it with a check. Mr. Martin stated that was the process. Councilman Farmer then stated Mr. Martin signed it in July of 2005 and the CTP Project wasn’t until August of 2005. Mr. Martin stated the CTP Project might have been later than that, but it was sometime late in 2005. Councilman Dover stated the main question is whether they think the data has changed enough to change the CLOMR. He then questioned whether a CLOMR can be changed. Mr. Martin stated they can file a Conditional Letter of Map Amendment (CLOMA). Mr. Martin stated if FEMA thinks it won’t work, then they’ll let the engineer know. Councilman Farmer questioned how long the improvements have been there. Mr. Rice stated the improvements have been there prior to the original study in 1981. Councilman Farmer then questioned why the improvements are in danger now. Mr. Rice stated they are doing the project to protect the rate-payers assets and adjacent property owners. Councilman Farmer questioned whether something has changed or if the problem has always existed. Mr. Rice stated it’s always been in the floodway. Councilman Farmer questioned if the project would be hurt if the committee waits until Mr. Black can explain the situation to the committee. Mr. Bevill stated if the project’s LOMR shows a base flood increase, then FEMA will not approve the LOMR and CWL will have to go back and take the proper measures to fix the problem. Councilman Farmer questioned again if not accepting the easements would hold up the project. Mr. Rice explained as far as he knows, they are not holding anything up. Mr. Crego stated if CWL owns the property on both sides of the ditch, then the City doesn’t own the ditch. Mr. Rice stated the City does not have any easements on CWL’s portion of the property. Mr. Crego stated the City can’t stop CWL from doing anything on their property if CWL has permission from FEMA. He added information would probably need to be provided to FEMA and allow FEMA to stop the project. Councilman Farmer questioned what they consider to be a significant change in the base flood elevation. Mr. Bevill stated any increase could be significant. Councilman Farmer questioned whether there is a City ordinance requiring CLOMR’s. He explained he was not present at the previous City Council meeting, but heard someone made the statement that the City has an ordinance requiring CLOMR’s. Mr. Martin stated there is no ordinance. He added Ms. Delmar stated there was an ordinance, but in his talks with her she did not indicate that to him. Chairman Street questioned if CWL could hold off on the project until Mr. Black is able to come in and speak to everyone. Mr. Rice stated he would look into it. Councilman Farmer questioned how long the comment period is for the study. Mr. Martin stated the comment period is 90 days. It was then suggested for Mr. Black to meet with Mr. Cameron and CWL to discuss the situation. Mr. Cameron apologized for taking up so much of the committee’s time and stated he would take care of the situation. It was decided to take no action on the pending resolution. Mr. Rice stated CWL would like the City’s endorsement on the easements. Mr. Harry Hardwick, who also serves on the CWL Board, suggested waiting on the resolution since there’s no reason to act now. PENDING
Resolution to approve and accept the bid from Tri-State Truck Center, Inc. for the purchase of a Tandem Axle Tractor: Councilman Dover noted there were three different buy back years and questioned which one would be the one that is accepted. He further questioned whether the resolution should read which buy back year is accepted or if it should just be left open-ended. Mr. Martin stated he doesn’t think the buy back year has to be decided. Mr. Crego stated he thinks the committee would choose which buy back year to chose. Mr. Royce Leonard stated if it was his bid he would chose the three-year buy back. Councilman Farmer motioned, seconded by Councilman Dover, to approve the bid and recommend it to the full Council with the buy back term as suggested by the Street Superintendent. All voted aye.
Resolution to approve and accept the bid for tire repair for the Street and Sanitation Departments: Mr. Leonard recommended using Looney Tire Service. He explained they were the overall lowest bidder. Councilman Dover questioned whether the City is supposed to accept the overall lowest bidder or the lowest bidder per item. Mr. Leonard explained the bid did not specify, but he would recommend Looney Tire Service because they’re the lowest overall. Councilman Dover questioned whether the City should be more specific and state the lowest overall bid will be taken when advertising for bids. Mr. Crego stated he does not think it would be a problem since the lowest cumulative bid is being accepted. Councilman Farmer motioned, seconded by Councilman Dover, to approve the resolution recommending Looney Tire Service for tire recapping and recommend it to full Council. All voted aye.
GENERAL PROPERTY/BUILDINGS/PARKING
Lawson Road bypass: Mr. Harry Hardwick presented the Council with a letter that was sent to Mr. Ken Yarbrough listing the planned changes to Lawson Road. Mr. Yarbrough signed and dated the letter showing his acceptance. Mr. Hardwick explained Mr. Crego has looked at the letter and approved it with the understanding there will be no deviation from the plans listed on the letter. Councilman Farmer motioned, seconded by Councilman Dover, to approve the proposed land donation agreement between Mr. Ken Yarbrough and the City. All voted aye. PENDING
Extension of Huntington Building Lease to St. Bernard’s for one year: Mr. Crego explained the lease is the same as what is in the existing lease with just the dates changed. He added he approves the contract, but did express concerns regarding leasing out the whole area in case of another incident where offices are displaced like what happened with the Justice Complex offices earlier this year. Councilman Farmer motioned, seconded by Councilman Dover, to approve the lease extension of the Huntington Building to St. Bernard’s and recommend it to full Council. All voted aye.
Extension of Best Building lease by the City of Jonesboro: Mr. Crego stated he has not had time to look at the lease, but will be able to look at it before Tuesday’s City Council meeting. Councilman Dover motioned, seconded by Councilman Farmer, to approve the lease extension of the Best Building and recommend it to full Council pending approval by the City Attorney. All voted aye.
PLANNING
Updating land use plan: Mr. Otis Spriggs stated he has a resolution ready to appoint people to a citizen’s advisory board and would like to take it before the Nominating and Rules Committee. Councilman Farmer asked for the resolution to be sent to all the members on the Nominating and Rules Committee. PENDING
Zoning ordinance update: Mr. Spriggs explained they are still at the MAPC stage. He stated they’re entertaining the residential section. He is also working with developers on some density issues. Councilman Dover questioned why someone can have apartments in an overlaying industrial zone. Mr. Spriggs explained there are some districts within the code that would allow you to have some types of housing in commercials districts as a condition that it would only go to MAPC. He further explained it is not unusual, but they can look into it if they need to. He added there are a lot of cities that do not allow residential housing in industrial areas. PENDING
Councilman Farmer stated there’s an issue regarding city property where only the City Council can accept City property and only the City Council can do away with City property. He questioned whether the property becomes City property once it’s filed at the courthouse. Mr. Crego answered only if the City acts on it. He discussed the way the City accepts streets by using and maintaining them, as opposed to doing it formally. Councilman Farmer questioned whether it would a good idea to start accepting streets formally. Mr. Spriggs questioned whether the streets would be accepted at final plat approval. Mr. Crego stated accepting the streets at final plat would be the best stage. He added they should also look at revamping the subdivision regulations. Councilman Farmer questioned whether they needed to go back and accept the streets officially. Mr. Crego stated it’s come up with Mr. Ralph Ohm a few times, but they feel safe in saying once the City starts doing improvements and maintaining them they are City streets. Chairman Street stated once a subdivision has been completed, the streets have to stand for a year and then the City staff looks at them and agrees to accept the streets. He questioned if the City should act formally and take the City streets. Mr. Crego stated that’s when the City maintenance kicks in, but that would be a good time for the City to accept the streets. Councilman Farmer motioned, seconded by Councilman Dover, to have a report back in 60 days regarding how the City should go about formally accepting City streets. All voted aye. PENDING
Mr. Spriggs noted the surveys and questionnaires for the staff are out concerning the spatial analysis. He explained the consultants will be in town next week and would like to meet with the Council either before or after the next Council meeting. It was suggested to meet with the consultants after the Council meeting due to the Public Safety meeting prior to the Council meeting.
STREETS/SIDEWALKS
Standard operating procedures: It was explained Mr. Teddy Hooton is out on vacation, so an update on the standard operating procedures will have to be given at the next meeting. PENDING
Sidewalks: Mr. Bevill explained they are 65% done with the $200,000 project that is currently underway. They have also given notice to proceed for the north Johnson project. He added they are expecting to start more projects with the recently appropriated $150,000 in the next few months. PENDING
Chairman Street questioned what the status of the sidewalk project is for Frierson and James Streets. Mr. Bevill explained they started on the James Street sidewalks. He added they’re hoping to have the sidewalks done before school starts. PENDING
Traffic study: Mr. Tony Thomas explained they are in the process of prioritizing the list of recommended projects for the Highway Department. He stated the list was sent out to the Transportation, Engineering and Administration Departments to prioritize the projects. Mr. Cameron stated the study still needs to be accepted. Mr. Thomas stated they will continue going through the list and will provide the committee with recommendations. Mr. Cameron questioned whether the contract was finished with the traffic study. Mr. Crego stated Mr. Brian Wadley has been working on the study, but because Mr. Wadley is out sick Mayor Formon will need to appoint someone to pick up his workload. Chairman Street explained when the City officially accepts the study the contract will be complete. PENDING
DRAINAGE
Councilman Farmer asked if any recommendations had been made concerning the drainage study. Mr. Martin stated they rated the projects, but have not made any official recommendations. He added Carter Burgess would like to make a formal presentation regarding the drainage study on August 10th.
Ditch at 1618 Cedar Ridge: Chairman Street explained he received a complaint from Mr. Fred Cooper saying the City dug a ditch for City Water and Light on his property, but the ditch was dug in the wrong place. He added the property owner states now neither the City nor CWL will take care of the ditch. Mr. Martin stated the ditch was dug in the right-of-way. Mr. Ben Malone stated he met with Mr. Cooper several months ago because they had done maintenance on Mr. Cooper’s ditch and Mr. Cooper was upset because they dug the ditch out.
Resolution for adoption of Drainage Improvement Cost Benefit Economic Analysis for property acquisition or condemnation justification purposes: Councilman Farmer questioned whether Mr. Martin had received his e-mails. Mr. Martin stated he had received the e-mails and did not know where the $75,000 came from. He added Mr. Hooton and Mr. Wadley worked on the cost benefit analysis while he was away on vacation. Councilman Farmer stated the benefits are two-pronged in that the benefits should outweigh the incremental and overall cost. Mr. Martin agreed that’s how they should proceed. He further asked to hold off on the resolution until Mr. Hooton and Mr. Wadley return since they’re the ones who worked on the analysis. Councilman Farmer asked Mr. Martin to speak with Mr. Hooton and Mr. Wadley about his recommendations for the analysis. PENDING
BMP Manual: Mr. Martin stated the manual hasn’t been approved yet. He added they took out all the required BMP’s and stated ADEQ thought it was the best way to go. Mr. Bevill stated he spoke with ADEQ and they do not have any minimum requirements. PENDING
Councilman Farmer questioned how the department was going to notify the public about the new storm water ordinance. Mr. Martin stated they hope to have some articles in the paper and distribute some flyers. He added there will be a grace period. Discussion was held regarding grading a lot under the new storm water ordinance. Mr. Martin added they are also willing to have classes or workshops to inform the public of the new ordinance and what it concerns.
Proposed detention ponds west of Farm Creek: Chairman Street stated he’s going to get a plat of the property from the owner. He also suggested Mr. Hooton and Mr. Martin meet with the property owner. PENDING
Flemon Road drainage: Mr. Martin stated the driveway pipe on the west side is in. He added the pipes under 226 are still likely bent, but he wasn’t sure when any decision would be made about what to do. PENDING
Councilman Farmer stated due to Wednesday’s rain, Fire Station #2 flooded again. Mr. Bevill stated he thinks Mr. Hooton increased the inlet size by the station. Discussion was held regarding possible temporary solutions to help alleviate the flooding problem at Station #2. Mr. Bevill stated they’ve been hesitant about doing anything to the area because of the possibility of building a new City Hall in the vicinity. Councilman Farmer motioned, seconded by Councilman Ashley, for the Public Works staff to temporarily alleviate the drainage problem at Fire Station #2. All voted aye. It was asked for a plan to be made in the next 30 days. PENDING
Councilman Farmer questioned if everything is okay with the houses on Valley Drive. Mr. Martin stated everything is okay with the houses. Mr. Martin also noted the purchases were at 734 and 736 Valley Drive, not 732 and 734 Valley as originally discussed.
Councilman Farmer then questioned the status of the pipe inventory contract. Mr. Martin stated the contract has been signed and was sent to Mr. Chuck Martin at the Highway Department who will then send it on to the feds.
Discussion was then held regarding another recent Jonesboro Sun article. Councilman Farmer asked Mr. Keith Inman to clarify that the concrete ditch that has caused drainage problems was made before the current Council took office. Councilman Farmer also noted that the Council cannot take any action on the drainage problems until they receive recommendations from the staff.
Councilman Farmer questioned if any City staff had been out to Julio’s Restaurant in the past month or so. It was recently in the news that due to Wednesday’s heavy rains Julio’s Restaurant flooded. Councilman Farmer stated he visited the restaurant earlier today and had been told by the owner that about a month ago a construction worker dumped concrete in a nearby storm drain. Now, a drain by the door is backed up and was still holding water. Mr. Thomas stated he heard about it yesterday and visited the site and looked at the drain. Mr. Thomas and Mr. Leonard stated they were at the restaurant about a month ago concerning a dumpster location, but nothing was said about the drain. It was asked for Mr. Martin to look at the drain to see if there is anything they could do to help.
Discussion was then held regarding the Turtle Creek detention pond. Mr. Martin stated Mr. Bernie Auld indicated to him the detention pond was not complete. Mr. Bevill stated he has recently looked at it and it’s not finished yet. Mr. Cameron stated Mr. Auld is working to resolve a problem with a main that was built where the detention pond was supposed to be. He added the final plan is with the Health Department waiting on approval and then things will be done.
Mr. Martin asked the committee what they wanted to do about proceeding with the contract with NRS to design the detention ponds at Valley Drive and Nettleton. It was explained the cost analysis would need to be passed and the design would have to pass the analysis. Councilman Farmer motioned, seconded by Councilman Ashley, to recommend to full Council the adoption of the cost benefit analysis with the two-pronged benefit approach and, upon adoption of the cost benefit analysis, recommend to full Council the approval of the contract for the detention pond design. All voted aye, with the exception of Councilman Dover who abstained. Because a majority vote was needed, Chairman Street voted aye to pass the measure.
SANITATION
Update on the Landfill Gas Mitigation Plan: Mr. Leonard presented the committee with an update on the landfill gas plan. He noted the air permit application was submitted to ADEQ and they received notice of the application being administratively complete. He explained that was a major hurdle. They expect to receive and review the draft air permit in July. Chairman Street questioned whether there was a time frame for when it would be completed. Mr. Leonard explained they had a time frame for starting working in August and finishing by December 31st. Chairman Street then questioned how the lawsuit would be affected by the improvements to the landfill. Mr. Crego stated the improvements would diminish most of the issues, except for things that have already occurred like attorney fees, lose of sale, etc.
Councilman Farmer questioned what the status was on the Pines Apartments work. Mr. Martin stated there was some confusion concerning what property owners they needed to contact, but they have the pond design.
Councilman Farmer questioned whether the $95,000 contract with FTN was just for construction management services. He then questioned whether the $1.6 million dollar project would still be bid out. Mr. Martin stated it was his understanding with them doing construction management they could hire whoever they wanted without going through the bidding process. Mr. Leonard stated the $1.6 million is the projected overall estimate. Councilman Dover questioned whether they can require the construction manager to take bids. Mr. Martin stated he was not sure. Councilman Farmer asked Mr. Martin to check on that. Mr. Martin stated he thought the construction manager could get a better price than bidding it. PENDING
Discussion was held regarding leaving the Street and Sanitation vehicles at the county landfill. Mr. Leonard stated his understanding is that it’s a possibility. He added the people at the county landfill indicated to him they are willing to pursue that avenue if the Public Works Committee desires. Mr. Leonard stated they have to be able to have a secure area for their workers to park. He explained he does not have that authority to do anything, but he doesn’t know who is doing the talking. Mr. Leonard further explained there is a secure building near the landfill that is available. He noted hydraulic equipment cannot be parked in all types of weather and be expected to work the next day.
ADJOURNMENT
With no further business, Councilman Dover motioned, seconded by Councilman Farmer, to adjourn. All voted aye.