FARMERS FIGHT WATER PLAN: JACKSON FACES OPPOSITION IN RUNNING LINES THROUGH PROPERTY

JACKSON, Mo. -- Though their farms are outside the city limits, Butch Meier and Karen McCullough proudly consider themselves members of the Jackson community. Meier's farm goes back five generations, McCullough's four. They love the city.

But they don't want the city's water lines crossing property they intend to keep in agricultural use for generations.

"There is no benefit to us," McCullough says, "and we hold this land as a trust."

Meier and McCullough are two of five county landowners who oppose a city of Jackson plan to lay a 10-inch water line through their property as part of a project intended to improve water pressure and flow at the southern end of the city. The line is projected to run from the intersection of Highway PP and County Road 330 east to Highway 25, a distance of just over two miles, most of which crosses these landowners' property.

The line would connect two dead-ended lines, both of which are in the city limits.

Meier and McCullough say they want to keep their disagreement with the city friendly. "We are wooing the aldermen," McCullough said. But they have enlisted the help of two men -- attorney John Lichtenegger and engineer Rich Bowen -- who have had conflicts with current city officials in the past.

At Monday's meeting of the Board of Aldermen, Lichtenegger presented a map showing two alternative routes for the water line he maintains are superior to the route the city has chosen. Both run north of the line the city proposes to build, and one is 1,800 feet shorter.

Their preferred alternative runs from Route PP through the city industrial park to the city sewage treatment plant to hook up to the Lee Avenue water line, then crosses city easements to Highway 25.

Shorter route cheaper

They maintain the shorter route could save the city $40,000 to $50,000.

"The city ought to look at getting additional right of way from city residents," Lichtenegger told the board.

Meier and McCullough said they sought advice from Lichtenegger and Bowen because of their knowledge of the city. Bowen is the city's former consulting engineer. He and the city parted company on unfriendly terms. The city was concerned that Bowen's engineering business could present a conflict of interest with his work for the city.

Lichtenegger, a former city attorney, and the city faced off over his claims for reimbursement for infrastructure construction along the East Main Street Extension in the mid-1990s. There was litigation but a settlement was reached out of court. On Tuesday, Bowen said he drew up the alternate lines according to Lichtenegger's instructions. "I know nothing about the project. John showed me where he wanted them to go," said Bowen.

Lichtenegger says Bowen's son, Chris, who also is an engineer, drew up one of the routes. "It is accurate to say I suggested the second route," Lichtenegger said.

The city's proposal was written by its contracted engineering firm, Burns and McDonnell of St. Louis.

Public works director Jim Roach said the firm has evaluated the alternatives and has provided the city with an opinion about their merit. He declined to say what that opinion is.

He did say re-engineering the project would cost the city about $40,000 and set back construction a year.

Public hearing held

The Jackson Board of Aldermen held a public hearing on the project in August, with notification made in the weekly Cash-Book Journal. Meier, McCullough and four other county landowners affected were not personally contacted about the project until November, after it had been approved by the Department of Natural Resources in October.

That did not please the landowners. "This could have been avoided if we knew we were part of the water line route," Meier said.

But starting out with willing landowners isn't the way water and sewer projects are designed, Roach says. "We use models, engineering expertise and design utilities so we get the most bang for our buck and so they have the least impact. That's the criteria we use."

The $500,000 project, approved by voters in a 1997 bond issue, is to be paid for with money accessed through the State Revolving Fund. To receive approval, the city had to prove the project will improve the city's water system. City officials said the purpose of the line isn't to increase development.

Area will develop

But city administrator Steve Wilson said development will occur in the area eventually. "Somebody someday is going to develop that property. It may be 50 years from now. This is going to create a great situation when it occurs."

He said some contaminated wells have been found in the area. "We think a pure drinking water source is what that area needs."

City officials insist that the water line will have no negative impact on the landowners' property and that they will be fairly compensated for the use of their land. The depth of the line would be a minimum of 42 inches, Roach said.

Meier is concerned that digging a trench in the Hubble Creek bottom could lead to erosion problems. "That's some prime farmland," he says.

The easement also goes through a stand of virgin timber owned by Palma Lee Owens on Highway 25, he said.

The landowners also complained about the city sending surveyors onto their property. As a result, the Board of Aldermen required the city staff to change its procedures. "We are to notify property owners prior to surveyors being on their property," Roach says.

But he does not see the need to have notified the landowners personally prior to the August public hearing.

"To talk about easements before you have a design, that's not a standard approach people use anywhere," he said.

The city needs 11 water line easements to pursue the project. Two landowners have signed and two have agreed to sign.

Both city officials and the landowners said they hope the issue doesn't come down to a condemnation proceeding. Meier said the landowners would fight.

"We don't want to go to that point, but we are prepared if we have to."