|
Council members approve recommendation to rescind vote to pay $48,100 for house |
|
|
Wednesday, 27 June 2007 |
 Julie Gunter sings "God Bless the USA" at the start of a Benton City Council meeting Monday night. Gunter's song followed the pledge of allegiance to the American flag and an invocation by local retired missionary Graydon Hardister.
Council members on Monday night approved a recommendation from City Attorney Brent Houston to rescind a June 11 resolution awarding $48,100 to Dodd and Bambi Bowden. The money related to the couple’s property at 2719 Salt Creek Road.
Two weeks ago, when the issue first came before the council, Bowden told the aldermen that he was unable to rent the house at the site. The situation occurred, he said, because he could not get liability insurance as a result of a street-widening project that placed the structure too close to the roadway.
The vote on the June 11 resolution ended in a 5-5 tie, with Mayor Rick Holland casting the passing vote to settle the issue.
This week, Houston said he has studied the issue and now recommends that a new appraisal be conducted of the house before the city makes any compensation. He further recommended that the city select the appraiser, but said the Bowdens should be responsible for the cost of the appraisal.
The structure will be demolished, Houston noted.
“The amount ($48,000) seems to be reasonable,” Houston said. “You look at the assessed value on any given property, but the problem would come to be reasonable value ... and fair market value.”
Houston said a new appraisal possible could result in a higher amount, “but it would leave no doubt under the law as to what amount Mr. Bowden is entitled to.”
“We need to look at what the property is worth in its present state and then after the demolition of the house,” Houston said.
“Because of the city’s work on the roadway, the land has become unusable,” Houston acknowledged. He noted that Mike Bolin of Affiliated Engineers, the engineer for the Salt Creek Road project, said Bowden could not use the property.
“And he (Bowden) has a letter from his insurance carrier saying the property cannot be insured,” Houston said.
A letter from Bolin confirms Dodd Bowden’s account of the situation.
In that epistle, Bolin stated: “The original plan for the widening project was to construct a 37-foot wide road on a 60-foot-wide right-of-way. These dimensions were the city’s requirement for a minor arterial street, which was the classification of Salt Creek Road in the city’s master street plan.
“This right-of-way line would have taken approximately 2 feet of the structure at 2719 Salt Creek Road. It was assumed at the time that it would be necessary for the city to purchase the existing structure in order to property construct the proposed widening project.
“Due to extreme close proximity of some existing structures to the proposed right-of-way and in response to numerous complaints from area residents, the proposed right-of-way width was reduced from 60 feet to 50 feet.
“With the reduction in right-of-way and some other relocations of property right-of-way lines, the final right-or-way taking produced a line that was outside the boundary of the structure by approximately 7 feet.
“It is my opinion that the location of the existing structure is too near the actual roadway and presents somewhat of a safety hazard,” Bolin concluded.
Some city officials have said the Salt Creek Road project violated a city ordinance that requires a 60-foot right-of-way as stipulated in the city’s master street plan.
In relation to the Salt Creek project, for almost 700 feet, the city reportedly purchased a 50-foot right-of-way instead of 60. The road then extends to a 60-foot right-of-way for the remainder of the project and Phase 2 included a 60-foot right-of-way from Shenandoah to Longhills.
“If the city had gone by its own ordinances, they would have purchased an extra 10 feet of right-of way on the Bowdens’ side and purchased the Bowdens’ house five years ago,” Holland said.
“This (decision to compensate the Bowdens) is basically straightening up past mistakes,” Holland said.
In Monday’s council meeting, Holland compared the situation involving the Bowdens’ property to a current project involving the construction of overpasses on Edison Avenue.
“When the Highway Department purchased rights-of-way on Edison for the overpasses, they bought rights-of-way up to the house that the city owned at the corner of Edison and the Benton Parkway. “They paid the city $49,000 for the right-of-way and then they paid up $60,000 for damages to the house, and that house was in just as bad as shape as the Dodd Bowden house,” Holland said.
Speaking against compensating the Bowdens was Lynn Moore, who was serving as mayor when the Salt Creek Road project took place. Moore said the city should consider that the house on the Bowden property was “considered uninhabitable before this started.”
Houston said he has looked at the structure and acknowledged it is in “poor shape,” but added that it “could be repaired.”
Alderman Brad Moore presented a motion to repeal the earlier resolution. When a vote was taken, nine aldermen voted “yes” with Alderman Davis Sparks casting the only dissenting vote.
Brad Moore said he presented that motion because he does not believe that the Bowdens have a valid claim against the city.
Bowden spoke briefly and pointed out that the city violated its ordinance regarding rights-of-way requirements.
He said that any residence in the city would be damaged following road work that would leave a structure as close to the roadway as was done in his case.
www.bentoncourier.com
|
Razorbacks
