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~'