title
Minutes for the Stormwater Management Board meeting on November 28, 2007.
body
STORMWATER MANAGEMENT BOARD MEETING MINUTES
Date: November 28, 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
Others:
George Hamman
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
A. Minutes for the October 17, 2007, Stormwater Management Board Meeting (Attachment)
The minutes were approved simultaneously with the October 31, 2007 minutes below.
B. Minutes for the October 31, 2007, special called Stormwater Management Board Meeting (Attachment)
Farmer requested additional language be added to paragraph 1 of page 4. The following language was added to the last sentence to read as follows: “Culpepper commented that they should take more time on the issues and do it right. The issues are as follows: (1) public ownership and easements; what is the City’s responsibility for open ditches and pipe; (2) finished floor elevation; and (3) side lots; ditch development by a developer for future maintenance.” Daniels requested a change on page 5. The reference to the PPLS office should read “PELS Board.” Motion to approve October 17, 2007 and October 31, 2007 meeting minutes as amended was made by Jon Wilbanks and seconded by John Street. The minutes were unanimously approved.
IV. NEW BUSINESS
Chairman Farmer changed the agenda to add recent issues that had come to his attention. He has heard that inaccurate information got out. He was informed that the NEA Homebuilders Association has been given inaccurate information and that there is word of the Board having a personal agenda. It is not the intention of the Board to have a personal agenda. Actual policies have not been voted on to date. Farmer stated that when dealing with policy, perception becomes truth if you do not address it. Therefore, it will be addressed in this meeting.
Farmer would like to do a presentation of why this Board was formed. The presentation could address mandates in the City and give everyone an idea of what is going on. No decision has been made regarding the policy. Farmer suggested a PowerPoint presentation with Panneck and possibly Bernie Auld present. Vance suggested doing the presentation at one of the homebuilders meetings. Vance also suggested Farmer and Panneck come up with a statement to hand out so each member would have a list of talking points. Vance did not perceive that the homebuilders were against what the Board is trying to do. Culpepper stated that it is his responsibility to inform the NEA Home Builders Association of the matters at hand. The association wants to do the right thing within reason. They do realize there are some problems. Culpepper sent the Ordinance to the National Association of Home Builders. The NAHB applauded the City for the strong efforts it is taking regarding stormwater runoff. They did find a few problems, but the team of seven attorneys approved of the goals. Culpepper said he would provide the Board and staff with NAHB’s response. Some homebuilders have come to him and said they realize it is time for change and they may have to “bite the bullet.” However, the lower budget homebuilders are the ones who will be hit hard with some of these policies. Culpepper said the information is getting out because of him. But the information is changing as it passes down to the next person. Farmer is trying to find the source of the problem. Vance said the Board has to take a proactive approach.
Daniels stated that a lot of times the Board is asking each other what the best solution for a problem is. The homebuilders are asked the same questions. Whether they are being told the facts or not, they are being told what is happening during the Board meetings. Several Board members stated that the homebuilders should attend the meetings to get accurate information. Vance stated that it needs to be published with the Jonesboro Sun. The Board is exploring and discussing policy, but there has not yet been a solution. They are currently looking at polices and exploring avenues. Farris agreed with the idea of publication that indicates the proactive goal and possibly educates the public. Farris said ASU has been providing articles for addressing science topics for the public. He just came back from an urban runoff conference and the City is not even close to what is being done there. A great place to start is the NEA Homebuilders Association. Vance stated that the realtors need to be included as well. The cost of development may be raised and it could possibly affect the areas outside of Jonesboro. The Board needs to make sure there is input in order to keep everyone informed. Farmer stated that the City of Jonesboro is an economical place to live. The citizens do not pay a garbage fee and the utilities are reasonable.
Wilbanks heard that one of the rumors going around was the possibility of a builder or developer paying up to $150,000 per lot, as opposed to the actual $1,000 which is what has been discussed by the Board. Daniels heard at the last homebuilders’ meeting that the developers are at the point where they have enough money in it that they would not be able to sell certain properties. Culpepper said an appraiser does not give a builder any credit for stormwater requirements in Jonesboro. He said the result of various committees, such as this Board and MAPC, making changes is hitting the association hard. The quality of homes built today is much better than it used to be. The Association is not opposed to most of the things going on, but it is a significant cost. Engineers have also commented that they do not have the time to do the additional work, which could possibly cause them to raise their fees.
Farmer asked if it is going to be the Board’s recommended policy of the City that no new house built in the City should be inundated by a 100-year storm. He requested a roll call vote. Vance made the motion that it is the goal of this committee to establish policy and develop rules and regulations that will prevent flooding in new structures in the occurrence of a less than 100-year flood. The Board’s goal is to establish those policies. John Street seconded the motion. Zolper made a point that from the very beginning they have been talking about the 100-year flood, which is a very small percentage, possibly 1%. Zolper asked if that was overkill. Vance said they should be putting more money into wind resistance instead of seismic instances in the buildings. It is much more likely to have a tornado or strong wind instead of a flood. Panneck stated that they would lower the community rating system points by adopting this policy. It will be a long term benefit to the City in addition to lowering the community ratings. This policy would affect all properties whether they are in or out of the floodplain. Lots that would be impacted could be included. If there are four lots out of forty in a subdivision that are in a floodplain, then those could be determined as a special flood hazard and someone could deal with those individual lots. The person who buys the lot should be notified that there is a problem. This is a recommendation to the Council. Council will still have to vote and approve what goes into the Ordinance. Farmer wants a roll call record of how each member votes on Vance’s motion. Farris said the Board has covered economic issues, community ratings, and allowance for best technologies. Light stated that for levee breach studies, the City did a study with the maximum probable rainfall event. The probability of occurrence is way out there. For those situations, everyone would have to build above whatever the flooding would be in that drainage basin. The Secretary was asked to repeat Vance’s motion verbatim. Culpepper is not sure that it is necessary to require no flooding outside of the floodplain.
Panneck discussed the details of the Windsor Landing flooding. Vance suggested developing a policy that prevents flooding or proper notification that protects the future property owner. One could protect their property with insurance. Light referred everyone to Section 1.5 Purpose of the Ordinance. Vance said the motion would be the goal. The Board agreed to change the word “prevent” to “protect.” Vance amended his motion to state as follows: it is the goal of this committee to establish policy and develop rules and regulations that will protect new structures from flooding in the occurrence of a less than 100-year flood. Farris asked Zolper if the term “protect” would be a correct choice of terminology. Zolper stated that he believed it was correct. Street seconded the amended motion. Farmer asked each member to say their vote individually. All members present voted aye to this motion.
Vance dismissed himself from the meeting at 9:25.
Culpepper said he will get NAHB’s comments to the staff for distribution to the Board. Street said the goal is to keep any structure from flooding, but that does not mean certain spots will never flood.
V. PENDING ITEMS
A. Review of Stormwater Management/Drainage Ordinance
Daniels contacted the PELS Board for the requested information, but they have not yet returned his call.
Light began the staff’s review of the Ordinance. He handed out a revised version of the Ordinance. He addressed the biggest change, which is Article 3. He asked all parties to review the Article, which has been rewritten for clarity. Any revisions discussed in the remainder of these minutes will be reflected on Light’s new version of the Ordinance. The Ordinance attached to the agenda is a different document.
There was discussion on whether or not the fee should be a listed amount in Section 3.1. The Board suggested changing it to read “as established by the City of Jonesboro.” The reasoning behind this is if the fee changes, the Ordinance would need to be amended. Light said the only item missing that was on the previous version of the Ordinance is the grading permit. This would be the ordinance that addresses stormwater quantity. The next ordinance would address quality of stormwater. The grading permit is more of a quality issue. Light left it off of Article 3 because it is part of the Best Management Practices.
George Hamman had some questions regarding Sections 1.4 and 3.3. He questioned if a single builder has one house going in three separate subdivisions, are those buildings exempt? Light said they would be single building structures. If they were building a four-plex or larger, they would have to submit plans. Hamman said the Ordinance is a good thing to put in place. Hamman asked for specifics to be listed in Section 3.3(5). Light referred him to Section 6 Enforcement. Zolper said the engineer of record would be obligated to contact the City if the developer is not following the regulations. Hamman suggested doing a quick reference to water flow on the plat that is turned in to the Building Inspections Department. Spriggs said there are some bare minimums that they would like to see but the question is where to draw the line. The City has discussed this matter.
Light added a paragraph to 1.4 addressing any alterations or modifications to existing drainage ways. He deleted the sentence regarding grading permits because it will be addressed in another ordinance. Farmer said the reference to the grading permit would help the person reading the Ordinance. Some of the Board members felt that it would be beneficial to reference one ordinance in the other, and vice versa. Farmer asked Light to indicate his proposed changes to the document by using italics or some other format so the changes are easily identified. There was additional discussion regarding the reference to a grading permit.
Zolper asked if a stormwater drainage plan is necessary for installing a culvert. Light explained the need for a plan in a drainage way. He stated an Ordinance already exists that requires one to submit a plan if they are putting anything in a drainage way. The instance of a culvert across a driveway has been sized on projects for at least the past 6 months with an average estimated cost of $200 per project. Daniels asked what the Engineering Department is receiving. Light said the engineer of record sends the City a letter stating what they propose for that site. The letters have been generic. Specifics of flow of stormwater for a culvert were discussed. Zolper said if a process is already in place, then he does not have a problem with it. Some of the members did not like the wording that requires a Stormwater Management/Drainage plan. The language needs to be clear for any new City staff that may interpret the Ordinance in the future.
The Board agreed that someone who comes in later could misread Section 1.4 to assume that a full Stormwater Management/Drainage plan is required. Panneck said he understands the reluctance to leave it like it is, because someone else could come in and interpret it to be a full plan. Spriggs suggested adding it to the checklist.
In the existing City Code of Ordinances, there is a requirement to submit a plan for approval of a culvert. Zolper suggested having a separate section for constructing an exempted activity in a drainage way. Panneck said a single residence home could also fall into this category. The City currently has a situation like this.
Panneck sated that staff will have to have a way to enforce these regulations. This will need to be addressed when the review reaches Article 6.
Light will send out a version of the rewritten ordinance that indicates the changes staff made.
Culpepper announced the NEA Home Builders Association meets the second Thursday of each month at 11:30 a.m. at the Holiday Inn. He will work on a statement for his December newsletter.
There was additional discussion about the incorrect information that has been passed around. It would be better to do a presentation to the NEA Home Builders Association sooner rather than later. It is tentatively set for the Association’s January meeting.
The next regular scheduled meeting is Wednesday, December 19, 2007.
VI. STAFF REPORTS
VII. PUBLIC COMMENTS
VIII. ADJOURNMENT
Chairman Farmer adjourned the meeting at 10:10 a.m.