HomeMy WebLinkAbout1995-03-21 - Minutes•
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PRAB
SPECIAL MEETING
MARCH 21, 1995
Members Present: Driver, Knight, Mackey, Waite, James, Richard
Staff present: Clark, cox, Dugwyler
Media Present: Ron Wood, Nwa Times
The meeting was called to order at 5:30
BUSINESS:
BANKING ISSUE OF PROPERTY OFFERED BY JERRY SWEETSER
pm.
Driver: We need to make a decision tonight to send to City
Council. If you wish to speak please limit it to things we have
not heard before. I would also like to welcome our new PRAB member
Brian Richard. Does the PRAB have any comments?
Waite: What is proposed now?
Driver: The offer Mr. Sweetser has made is that the credit for the
12 acres he has proposed to donate be banked for green space in a
2/3 ration which is $8,000 an acre. Sweetser has three pieces of
property for which the banKing would be applicable. One is close
to Lake Fayetteville South, the other two are close to the area
along the creek.
Clark: The development close to Lake Fayetteville South could be
150 to 200 units on 20 acres.
Driver: This is 12 acres at $8,000 per acres towards sites which
are in the green space guidelines.
James: So this is $96,000 or 320 units.
Driver: I have a worry that at the state or federal level, there
might not be a green space ordinance eventually. I was worried if
that person would have the ability to have a monetary exchange at
that point for the banking not used. If the PRAB determines that
land instead of money be needed on a future site then that would be
upheld.
Richard: Did he ever offer to donate without banking?
Driver: He offered it a few years before but I do not know the
details. This time he intended the banking to be part of the
proposition.
Richard: Has the city done an appraisal on this property?
Driver: Not to my knowledge.
Richard: Is the placement of trails a separate decision or is that
the plan?
Driver: That is a good question. That is why most people are
here. I think this property should be accepted by the city
regardless of the usage. The city is working on a plan where land
would be have to be given to the city. This does link two of the
city parks. One question is how does this affect me as a
homeowner? I am interested in this area as a recreation area for
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SWEETSER PAGE 2
the parks. This would probably be put at end of 5 year plan. This
would give homeowners time to weigh. This is clearly for proposed
recreational purposes from my point of view.
Richard: What about the FEMA questions?
Driver: The homeowners have let us know about the regulations.
Mackey: How long have you lived there and how many have signed
contracts?
McCann: 17 years
mackey: How many use this land for gardens, etc? There are 8
gardens, 20 play areas, 4 flower gardens, 6 pet areas. With the
calls I have received I personally feel that to take this land for
a public land or park should have been before the subdivision was
developed. They are using it for their own personal enjoyment. I
don't have a problem with developers giving land to the parks. I
do think we should establish a fair market value and banking
credits. Maintenance issues need to be determined. It would be
very upsetting for me for anyone to come into my backyard and say
they are taking land. I think the contract implies that they have
the right to use and enjoyment of that property. I am for parks
for young and elderly but not in this case. I think it is too late
after this long.
Driver: I understand in the written agreement that it would only
be in effect until either the owner or homeowner made a written
termination of the agreement.
Mackey: I have not seen anything like this.
Driver: I believe that the homeowners have received a termination.
McCann: My contract does say that and Sweetser did serve me the
termination before I came to this meeting.
Knight: It seems to me the question is are we going to bank this
land for $8,000?
Becky Robinson: The 1994 value for the 13.43 acres was $8,860 by
the assessors office. Thank you for everyone that has listened.
Who has been on this property? All of the 65 neighbors oppose
this. When you go from Routh to Butterfield you will affect a
whole new set of neighbors. I have only lived here 5 months.
Before I did I contacted the city to see who owned this land. I
called Sweetser. He said pretend it is your own. I could use it
for anything but a building. If I had known this was going to be
a trail I would not have invested my money in this. You have a
good park here. There is the maintenance problem. There will be
two bridges that will have to be built. I went out there and
measured. You are saying that the majority does not count any
more. Why can't this money go into another park? Let's make
Crossover Park another Gulley Park. Let's make what is good for
all the neighborhoods involved.
McCann: Everything I have said has been true and factual. What
Kevin Santos said about lying and harassing was not true. The
violations were not falsified. They were true. I hope you realize
how much you will affect the neighbors. I said possible violations
in the minutes from the last meeting, not violations. If you read
the article, it said I was harassing and lying. I have not lied.
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SWEETSER PAGE 3
I have given you documentation on everything. You will affect our
lives adversely. Here is a letter from Soil and Water Conservation
Commission.
Driver: What does this last sentence mean?
Shea Lastra: I have been working with the city a year and a half
concerning Township widening. I do not live along the floodplain.
I am part of the greater Township residents. This has been
presented before. The PRAB before recognized that it was wasteland
and decided it was not worth it. It has been a major concern of
mine that you say you are only here to discuss whether to bank this
land or not. There is more involved here. It most certainly an
issue. You have been appointed as a representative for our
community and to look out for our welfare. It bothers me that
developers can decide what and where and now they can decide
parkland. This is wasteland. Part of the year you sink when you
walk in this area. It is a clay substance. How will people use
this? This is why it was rejected before. Whey haven't you
researched why it was rejected before?
Driver: At that time it was turned down before, there was no plan
for trails.
Lastra: But is it even appropriate for parkland or trails? It is
wasteland. Under maintenance it concerns me that you will take
this just for green space even if it is not a trail. This is a
high maintenance area. Eventually the erosion will be in the
backyards. What are you going to do. Move the trail? I read the
articles.
Driver: We have already gone over this. It is not pertinent to
this trail.
Lastra: What comparison do you have then?
Driver: The one on hamestring does fall under this. We are
talking about 25 feet between some of these houses and trails.
Women: That creek erodes like nothing you have ever seen. Some of
the erosion has actually gone into the lots that are west of
Azalea. You will have to channelize this and it will come out of
my tax money. It is dangerous for children. You can't believe how
that creek is when it rains.
Lastra: One house is 25 feet from the trail. People can legally
stand and look into her house. You will have to maintain the
property from now until eternity. There is not a continuity of
assurance in this town. When owners on Township bought their
property, they were told it would only be a collector's street.
Debbie Meeks: I have appreciation for you listening to both sides.
I got flood insurance. I had to get elevation certificate. It was
terrible going through the city for this. The city did not have
it. I had to go to the builder. I asked him why developers give
this land. My family camped out back there and we can't do this
anymore. There is no way to patrol this. I have praise for Dale
and the Youth Center.
Robinson: Did you say this development would be put on hold for
five years?
Driver: If I personally had the decision.
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SWEETSER PAGE 4
Robinson: We will still be there in five years. This will all
come up again.
Driver: Our recommendation will go to City Council. If this land
is accepted there will need to be a public meeting when developing
the land.
Knight: With the trails network it could come up again.
Robinson: What is the purpose of this trail? The neighbors don't
want it. Who is it for?
Driver: Recreational purposes. Routh is an interesting park. It
was given to the city. Routh Park does help soften Highway 265.
McCann: The master plan says Routh would be better as a parking
lot.
Knight: Routh is an interesting situation.
Dunn: What is going to happen with children running through here?
Dugwyler: My children grew up in a state park with a visitation of
500,000 visitors per year. We did not have any problems.
Dunn: What guarantees do we have?
Driver: You get no guarantees when a street is paved.
Dunn: When I lived in Little Rock there was a trail. I don't want
that again.
Waite: Could we look at the ownership of the property. You don't
want the city to own it.
Lastra: What decision was made?
Man: I live southeast of Magnolia and Azalea. I bought land and
got land free to use. Sweetser told me to use the land I as
wanted. If you use fences just put gates in. I bought another
lot. If this is a trail people can come almost to our window.
Sweetser brought around a contract stating we would vacate or our
fence would be torn down whenever he says. If park had ever been
mentioned I never would have bought it.
Man: I called Susan about North Street and she said if they widen
it she would move. I could put up shrubs but the people across the
creek have it worse.
MOTION:KNIGHT/MACKEY
The PRAB recommends to the City Council not to accept this land
offered by Jerry Sweetser on Mud Creek if it is banked for Green
Space Ordinance purposes at $8,000 per acre.
MOTION APPROVED 5-1
James: If we have a more attractive offer, do we reconsider?
Knight: My motion is $8,000. That is the point at hand.
Waite: Where does the ownership and responsibility end?
Knight: I believe we have all listened to the concerns but the
issue here is that $8,000 is extravagant.
Mackey: I know what it takes to have a garden etc. Sweetser is my
friend but if he gets a future tax write off, green space write
off, and floodplain write off? This is stretching it with the
value on this.
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SWEETSER PAGE 5
Richard: I believe any other offer would be another issue.
Waite: We have listened about floodway and flooding. This should
bounce back to planning. Trail issues should bounce to trails
committee. This should be considered before ever coming back to
us
McCann: Thank you but this does not solve our problem. We have a
legal attachment to the land. As of today, we are suing for
adverse legal possession.
MOTION:RICHARD/MACKEY
The PRAB recommends to the City Council not to accept the Sweetser
land for park usage because it is not acceptable for park usage.
MOTION WAS A 3-3 TIE
Driver: This motion will take up where it stands at our next
meeting.
Waite: If we are going to make recommendations on property. We
might as well go on to other pieces we should not take. This is
outside our jurisdiction.
Richard: I mean this should not be taken for park usage. I want
park land. I don't want you to think not. I just think this is 17
years too late. I want safety for property owners.
• Waite: I think this is a planning issue. City should require
ownership if they are going to have drainage issues.
Driver: I don't want to adversely affect the homeowners. I can't
support that motion myself because I think the land could have
recreation and parkland use.
Robinson: Little Rock and Ft. Smith take cash and buy their own
property.
Waite: I did not think they had a green space ordinance.
Richard: I think we owe the homeowners a closure on this.
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The meeting adjourned at 7:00 pm.
Minutes Approved:
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