1974-05-13 - Laserfiche WebLink

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COUNCIL CHAMBER - MAY 13, I974 PURSUANT TO THE FOLLOWING CALL: MR. CHARLES L. BARBOUR MR. FRANCIS H. FIFE MR. GEORGE H. GILLIAM MRS. JILL T. RINEHART MR. MITCHELL VAN YAHRES TAKE NOTICE A SPECIAL MEETING OF THE COUNCIL WILL BE HELD MONDAY, NIGHT THE 13TM INST. AT 7:30 P.M. O'CLOCK. 1. REQUEST FOR APPROVAL DF PROPOSED LOW-RENT PUBLIC HOUSING SITES - CHARLOTTESVILLE REDEVELOPMENT AND HOUSING AUTHORITY. 2. WORK SESSION: SWIMMING POOL AND RECREATION CENTERS PROJECT. 3. APPROVAL TO PLACE ORDERS FOR CAPITAL ITEMS IN 1974-75 BUDGET. 4. INTERIM DOWNTOWN PARKING AND TRAFFIC PLAN. 5. APPOINTMENT OF MEMBERS TO THE JAIL BOARD. BY ORDER OF J, S. RUSH, JR, (SIGNED) CLERK FRANCIS H. FIFE (SIGNED) PRESIDENT STATEMENT: MR. GILLIAM ON LOW-RENT HOUSING THE COUNCIL MET IN SPECIAL SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS PRESENT: MR. BARBOUR, MR. FIFE, MR. GILLIAM, MRS. RINEHART AND MR. VAN YAHRES. ABSENT: NONE. THE FOLLOWING STATEMENT WAS MADE BY MR. GILLIAM: THERE HAS BEEN NO MORE IMPORTANT AND VEXING DECISION FOR THIS COUNCIL TO MAKE SINCE I HAVE BEEN ON COUNCIL THAN THE INSTANT DECISION. I BELIEVE THAT EACH AND EVERY COUNCILMAN RECOGNIZES THE URGENT NEED TO DEVELOP SUITABLE HOUSING FOR PEOPLE WITHOUT THE MEANS TO COMPETE IN THE PRESENT INFLATIONARY HOUSING MARKET. BUT WE ALL APPRECIATE THE POSSIBILITY THAT OUR DECISION TONIGHT MAY HAVE AN IMPACT UPON THE AREAS IN WHICH THIS HOUSING IS TO BE SITUATED. ON OF THE REASONS THE DECISION HAS BEEN DIFFICULT HAS BEEN THAT EXISTING LOW DOES NOT TELL COUNCILMEN WHAT CRITERIA ARE TO BE CONSIDERED IN MAKING THE DECISION WHERE TO LOCATE THIS HOUSING. SECTION 14(A) OF THE CITY CHARTER SIMPLY STATES THAT THE HOUSING AUTHORITY MUST ''OBTAIN THE APPROVAL OF THE COUNCIL ON EACH CONSTRUCTION SITE . . · '' WHEN WE CONSIDER ZONING MATTERS, THERE ARE STRICT STATUTORY AND CASE LAW GUIDES AS TO WHAT MATTERS ARE TO BE CONSIDERED. NOT SO IN THIS CASE. THUS, IT IS INCUMBENT UPON COUNCIL TO DEVELOP ITS OWN CRITERIA AND FAITHFULLY APPLY REASONABLE STANDARDS TO EACH OF THE SITES. A SECOND FACTOR MAKING THIS DECISION DIFFICULT IS THE TENUOUSNESS OF CONTROL WHICH THE COUNCIL CAN LEGALLY EXERCISE OVER THE ULTIMATE SITE PLANS. THERE ARE SITES WHICH WOULD BE ACCEPTABLE TO ME IF THE DENSITY WERE REDUCED FAR BELOW WHAT HAS BEEN PROPOSED BY THE HOUSING AUTHORITY. SOME OF THE SITES WOULD ACCEPTABLE ONLY IF WE CAN REVIEW THE FINAL SITE PLANS. I AGREE FULLY WITH THE RECOMMENDATION OF THE LEAGUE OF WOMEN VOTERS '' THAT THE NUMBER OF UNITS ON SOME OF THE SITES BE REDUCED SUBSTANTIALLY IN ORDER TO INSURE LIMITED NEIGHBORHOOD IMPACT. '' I ALSO SUBSCRIBE TO THE LEAGUE'S SUGGESTION THAT COUNCIL '' INSURE OPEN SPACE AND RECREATION FACILITIES . . '' AND THAT THE VARIOUS PLANNING BODIES COORINATE THEIR EFFORTS WITH RESPECT TO THE VARIOUS SITES. NOW WE MUST MAKE CERTAIN THAT THESE REVIEWS TAKE PLACE. HOW DO I SEE THE DUTY OF THE COUNCIL? FIRST, I BELIEVE THAT FROM A LEGAL POINT-OF-VIEW, WE MUST TAKE THE SITE DENSITY AND SITE PLANS AS PROPOSED AND ACT UPON THEM. WHILE I WOULD ACCEPT AT FACE VALUE A GOOD FAITH REPRESENTATION FROM OUR LOCAL HOUSING AUTHORITY COMMISSIONERS THAT SITE DENSITY WOULD BE REDUCED AND WE WOULD BE GIVEN INFORMAL SITE PLAN REVIEW, I MUST CONFESS I DO NOT HAVE THE SAME DEGREE OF CONFIDENCE IN HUD. WE SIMPLY DO NOT KNOW WHAT HUD WILL DO TO ANY OF THE SITES ONCE THEY HAVE LEFT OUR CONTROL. ACCORDINGLY, WE MUST VOTE FOR OR AGAINST THE SITES ON THE BASIS OF WHAT IS PRESENTLY BEFORE US. SECOND, I DO NOT BELIEVE IT IS OUR DUTY TO REVIEW WHETHER THE HOUSING AUTHORITY HAS COMPLIED WITH FEDERAL AND STATE REQUIREMENTS. I AM SATISFIED, ON THE BASIS OF THE REPRESENTATIONS MADE AND INFORMATION GIVEN TO ME BY COMPETENT ATTORNEYS LIKE MR. WOOD AND MR. GOULDMAN THAT ALL APPLICABLE FEDERAL AND STATE LAW REQUIREMENTS HAVE BEEN FULLY COMPLIED WITH. THIRD, I DO BELIEVE THAT WE MUST DETERMINE WHETHER THE PROPOSED SITES COMPLY WITH LOCAL ORDINANCES. BASED UPON WHAT I HAVE BEEN TOLD BY THE CITY ATTORNEY, THE CITY ENGINEER, THE DEPARTMENT OF COMMUNITY DEVELOPMENT, THE HOUSING AUTHORITY'S INDEPENDENT ATTORNEY, THE CHAIRMAN OF THE HOUSING AUTHORITy , MY OWN LIMITED RESEARCH, I AM FULLY SATISFIED THAT ALL APPLICABLE LOCAL ORDINANCES AND REGULATIONS WILL HAVE BEEN FULLY COMPLIED WITH.