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03.29.1979 CC MinutesPage 846 JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD MARCH 29, 1979 Mayor Radakovich assembled the meeting at 7:30 P. M. George Lowery gave the invocation. Evelyn Templeton called the roll for the City Council. Council members present were Mayor Radakovich, George Lowery, Clara Sanderson, Stanley Jernigan, Charles Kuykendall and Wayne Winters. Staff present were Evelyn Templeton, Mel Justice and Clyde Marshall, City Attorney. Glenda Bramlett, Zoning Secretary, called the roll for the Planning and Zoning Board. Members present were Raymond Morris, Vice Chairman, Robert Brown, Pepsi Flowers and Walter Billings- ley. Ned Leonard, Chairman, was absent. Staff present were Glenda Bramlett and Paul Mathis. The Zoning Board corrected and approved the minutes of their February 20, 1979 meeting. Mayor Radakovich said the purpose of this meeting was to hear a petition for a zoning change, Zoning Docket No. 79-1. He turned the meeting over to Raymond Morris, Vice Chairman, Planning and Zoning Board. Raymond Morris, in the absence of Ned Leonard, Chairman, stated that the reason for the Public Hearing was to discuss tracts 1H1 and 1J, J. B. Renfro Survey Abstract 1260 for the expressed purpose of rezoning from "A" single family to "C" Multi family for the use of building apartments. The following people were present: Name Representing Wish to Speak Dave Foster Self No Inez Foster Self No Jane Doud Self Dollie Bell Self Paul Winters C. W. R., Inc. Bob Danner Rogers & Rogers Rusty Bramlett Self Jeanetta Watson Self No Rhonda Watson Self No Jim Lee, Attorney Lois Hasty Yes Jim Laws, Minister Church of Christ Yes J. W. Murr Church of Christ No Ronnie Barcroft Mr. James Kite Yes Richard T. Massey Self Yes Doyle Riley Self No. Raymond Morris asked if there was anyone in the audience who wished to speak either for or against this rezoning. Page 847 JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD Cont'd MARCH 29, 1979 Mr. Richard Massey asked what was the purpose of rezoning and the reason for it. Mr. Morris explained that the property had been zoned for "A" single family residents, the Planning and Zoning Board looked into the property after if had been petitioned to them so that Mr. Danner could build apartments financed through Farmers Home Administration and the only way the builders can do this is to rezone the 7.88 acres involved. Mr. Richard Massey then asked what good will the apartments do our community? Mr. Morris asked councilman Wayne Winters to answer this question. Wayne Winters stated that first of all Kennedale presently has thirty six (36) units. Those thirty six (36) units contributed about $5,000.00 to the City in taxes last year, and about $7,000.00 to the Kennedale Independent School District last-year thru tax revenue. Mr. Winters said with this tax revenue the City provides water, sewer, fire services, etc. He stated that it would provide a place for our own people to live. Mr. Winters stated that as the City Council and Zoning Board try to conform to some type of pattern, normally through a long range plan which our City has, and as a group, do not want to see any one area become dominated with apartments like a lot of the other cities have done in the past. He feels it should be equally spread out, so we won't have all rent property, industrial or commercial. The purpose of zoning is first off, everything that comes into the City becomes our most restrictive zoning which is "A" single family. From that point the Planning and Zoning Commission, complying with our Master Plan, or thru requests from residents, zoning changes are made. Mr. Winters stated that the property adjacent to the property to be rezoned has been rezoned to "G" Industrial in the past few years. Mr. Winters said that anytime you went from a residential zoning to an industrial you needed some type of a buffer, whether it be a city park or whatever. Mr. Jim Laws asked what type apartments and how many? Mr. Morris answered one and two bedroom apartments, fifty six (56) units are proposed. Mr. Laws then asked who was financing apartments? Mr. Morris answered that Farmers' Home Administration would be financing the apartments. Page 848 JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD Cont'd MARCH 29, 1979 Mr. Laws asked if there was going to be any kind of restriction as to the minimum and maximum amount a resident will have to pay per unit? Mr. Morris stated that there would be restrictions which would be set up to help people of certain income levels. Mr. Jim Lee, attorney, representing Lois Hasty, asked how this was any different from the last zoning change request? Mr. Morris stated that the last request was specifically for apartments for elderly people age 62 or over. This request is not restricted to elderly people. Mr. Lee asked if this was a rent subsidy program? Mr. Morris stated that it was not. Mr. Morris stated that rent was based on the lower the income, the lower the interest rates, the higher the income, the higher the interest rates. Mr. Bob Danner explained that all money must be returned to Federal Government, with interest. He stated that it could be as low as 12% or as high as 9% based on the low side of interest rate this determines the lowest amount of rent a person must pay. Farmers' Home Administration sets the rate. Mr. Danner stated that first of all they have to pay back the money. The amount of interest to be paid is based on the income of the tenants. The rent schedules are based on the operations plus the payback of money borrowed and each tenant must be certified. Mayor Radakovich then asked if it was subsidized to a degree? Mr. Morris stated that it is not a subsidized rent. The purpose for it is to help people with lower incomes. Mr. Kuykendall, councilman, asked what would keep them from choosing a person with a $15,000.00 salary over a $10,000.00 salary because they would be getting more with $15,000.00 and what would keep the higher salary from getting to rent the apartments over the lower salary? Mr. Danner stated that it did not matter. The apartments are rented on first come, and most need. Need is not income. Mr. Jernigan, Mayor Pro-Tem, asked Mr. Danner if his firm would build apartments in this area under another form where apartments would be rented at a set price? Mr. Danner answered yes, conventional. Page 849 JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD Cont'd MARCH 29, 1979 Mr. Lee asked Mr. Danner if he made a profit off these apartments. Mr. Danner stated yes, about 8% on their money invested. Mr. J. W. Murr asked if this is a limited profit loan. Bob Danner answered yes. Mr. Murr asked if the interest was subsidized by Farmers' Home Administration. Mr. Danner said he didn't like the word subsidy. Mr. Murr asked where the money comes from. Mr. Paul Winters said tax payer money. Mrs. J. W. Doud stated that she lives in one of apartments we have now, on limited income from Social Security. She said she couldn't afford to live anywhere else. Doyle Riley said his rentors are older women who can't afford the higher rent. Ronnie Barcrow said he felt the apartments might present a traf- fic hazard, especially on the nights the races are held the fact they would be near a railroad. Mr. Paul Winters apologized to Jim Laws for having lost his temper earlier in the meeting. He said he tries to conduct himself in a Christian manner and tries not to be a respector of persons. Mr. Winters said he is one half owner of the property in ques- tion. He told of the needs of his clients. Mr. Winters said "if this project isn't good for the community, then vote it out." Jim Laws, minister of the Church of Christ, stated that he and the other representatives of the Church of Christ, were not here to voice opposition to the apartments. He brought letters from several people, who live in and around that area, which voice opposition to the project. Mr. Laws said he wanted to refute the statement by Paul Winters implying that he was a respector of persons. He said they were certainly not in opposition to providing homes for the elderly. Jim Lee, attorney representing Lois Hasty, said his client is 100% opposed to any rezoning. Mayor Radakovich asked who would be the owners of these apart- ments when they are paid for. Page 850 JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD Cont'd MARCH 29, 1979 Answer: Rogers & Rogers. Mayor Radakovich asked if they could be sold before they are paid for. Mr. Danner said, in answer to Mayor Radakovich's question, that the only way the property could be sold is for cash to pay off the note. Charles Kuykendall asked if the property is not kept up, could the City condemn it. Mr. Morris answered the owners must keep it up in order to keep it rented. George Lowery said he had talked to a lot of people and most of them want the apartments. Jim Lee said he thinks it most important for council to do what is best for the most people, but he represents an owner who owns property adjourning the proposed site. He said it would injure his client because it would devaluate her property. He asked why the areas already zoned for apartments could not be used. Wayne Winters said properly zoned property is probably adequate in our City but availability of utilities for this zoning is inadequate. Raymond Morris said Planning and Zoning has made a thorough study of needs in the area. He then asked if there is anything else. Doyle Riley asked, is this restricted. Can a single woman with children or a single man with children live in these apartments. Raymond Morris answered yes. Richard Massey asked when the council would make a decision. Raymond Morris said he could not answer that at this time. Mr. Morris said if there is no other questions or input he would entertain a motion to close the Public Hearing. Pepsi Flowers made a motion to close the Public Hearing, seconded by Robert Brown. The motion carried by none opposed. The Public Hearing was closed at 9:05 P. M. Raymond Morris called the Planning and Zoning meeting to order at 9:05 P. M. Raymond Morris asked if there was any discussion Page 851 LJ JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD Cont'd MARCH 29, 1979 or questions. Pepsi Flowers said they had already hashed this matter over. Raymond Morris asked if they were ready to make a motion. Pepsi Flowers made a motion to recommend to the council that they approve the request to rezone tracts 1H1 and 1J of the J. B. Renfro Survey, Abstract No. 1260 from "A" Single Family to "C" Multi Family, seconded by Robert Brown. The motion carried with none opposed. Walter Billingsley made a motion to set a time limit of one (1) year for this process to take place, and if not it will revert back to Planning and Zoning for Public recommendation. Pepsi Flowers seconded the motion. The motion carried with none opposed. Robert Brown made a motion to adjourn the Planning and Zoning Meeting, seconded by Pepsi Flowers. The motion carried with none opposed. The Planning and Zoning Meeting adjourned at 9:11 P. M. Raymond Morris recommended to council that this 7.8 acres de- scribed in the minutes be rezoned and turned the meeting over to Mayor Radakovich. Mayor Radakovich said we could not act on this tonight since it was not on the agenda. Mayor Radakovich said this would be put on the April 12, 1979 meeting for consideration as "old business" before the new council is installed. Paul Mathis mentioned the request for a building permit for Southwestern Bell Telephone Company to add a second story to the present structure. Pepsi Flowers said they had already discussed this with Southwestern Bell Telephone and agree that it is allright. Mayor Radakovich instructed Evelyn Templeton to issue the permit the next day. George Lowery made a motion to adjourn, seconded by Clara Sander- son. The motion carried with none opposed. The meeting adjourned at 11:17 P. M. Page 852 JOINT PUBLIC HEARING OF THE KENNEDALE CITY COUNCIL AND THE KENNEDALE PLANNING AND ZONING BOARD Cont'd MARCH 29, 1979 i ~ 2 -C~-eP~~ ~~~~ , APPROVED: teve Radakovich, Mayor ATTEST: Evely I. Templet City Secretary CITY SEAL: I~'