City Council - Regular Meeting

counties and G. Amen. Amen to the stands nation and justice for alliance to the Texas one and indivisible. Okay,

move on to the consent agenda and approval of minutes from April 13th 26th regular meeting and approval of March financials and bills. Um, when it comes to financials and bills, there's nothing uh in there that was glaring uh for the most part. We're right where we need to be when it comes to revenue expenses overall. as you see in your financial packet. Um we are halfway through the year. So so far so good. Um we're making some strides in the water department like we need to be kind of where we thought we need to be. So now we're getting into our watering season and stuff like that. Hopefully it'll continue.

All I got motion that we approve the consent agenda in the March bills. Second. I have a motion and a second. All in favor? Any opposed? There are none. We'll move on to the regular agenda for public comment. I didn't have any sheets for public. I do have some. Um I will be out of town beginning Thursday and I won't be back into town till Sunday afternoon late. Um uh lifeguards. You have 10. 10. There's 10. two more. We could use We could still use a couple more, but as of right now,

the pool will be open if we have to modify the schedule to her. Yes, we found a manager. Um, and we're working with her right now to make sure we can meet her schedule and all that, but we think we've got all that worked out. But, uh, when it comes to lifeguards, we have enough to open. Now, we may just there may be some times we have to adjust our hours and stuff. For the most part, we will have, but we are going to have a pool this year. So, and you do get two for the recreation center. Yes. Yes. Okay. So, which is a good thing.

I think I think at our next lakeboard meeting, we need to have a field trip to go walk through that. Wes and I were talking about that. You know, been a while since we looked to see what toys and games and things that need to be bought before we open up. That's all I got. Anything else? Okay, we'll move on to item two, public hearing. Conduct public hearing for ordinance 20264 authorizing the issuance of a special use permit allowing a manufactured home to be located lot 8 Milburn subdivision subdivision 20 of section 31 block HTNC railroad city of Delhart Hartley County Texas 3 Texas from R3 residential to special use

I move that we open the public hearings Second, have a motion. Second. All in favor? Public hearing is open.

I think these personnel right here do have an issue with this manufactured home coming in. Um, if you guys would like to speak on this, this is a public hearing for that manufactured home that's coming across the street from you guys. We're concerned with moving in manufacturers from our straight 13th Street. We feel like that it will affect the value of our property. It would be a man a manufactured house in our area. Um, only thing I can say on that part, he does have his concerns, his concerns on that there, but there is already one across the street from where he currently resides, plus one next door down the way. So, reason why we were able to push this is because there is some that are there that set a president's already. So, I mean, he um, however you guys feel about it, um, it's just he did have some concerns on that. There's already some there. So, I'm not really sure what we could do about about it for the most part if there's already some there. So,

is this one the one's new one? This one will be a brand new one coming in. Um, it'll be newer than the ones that are there now. So, I mean, it kind of helps a little bit, but again, he is correct. When it comes to manufactured homes, when it comes into property areas, it does do some devalue in some areas just depending on the year. I mean, if you're going to bring an old one that comes in, that becomes an issue, too, which is we try not to bring in any old ones. So, we have any other people planning and zoning? Say that again. I'm sorry. Do we have any other people show up with planning and zoning on that? Okay.

Other than that, that that would be his only concern, but there's still however y'all want to approach this. So, whatever y'all think. What year? Do you know what yours the other two are that are over there? One that's to the left. So, if you're looking at the property that this one's going to, the one to the left looks like a a cabin. It's a manufactured home, but it's a cabin built one. Um, and then the one across the street from that one, um, it's fairly old. I want to say it's got to be in the 80s. 80s or 90s. We know what years we allowed those. Um, we put in

ordinance. It doesn't state a specific year that we have to go back, but when we do present to planning and zoning, we try to keep it within 10 to 15 years. I'm saying when we allowed those Oh, I have no idea. That was before my time. Um, we've been there for as long as I've been in DARPA. It's been quite a few years. So, all the ones they can't allow is pre 1976.

Yes. Anything before 1976 and older, those are not HUD approved. So um anything after that they are approved per ordinance anything HUD approved can come into the city but we try to with planning and zoning try to keep it fairly new. So coming in brand new we don't want anything too old but we really say for example if somebody does and they decide to appeal because it's a 85 model they can come and appeal it because per our ordinance it doesn't state specifically how many years we have go behind on it. So, this is on a property where no home exists right now.

Correct. They did have this replatted because it was a big property. In order for them to revert or reszone R3 to special use, it has to be replplatted because you can't do a whole property as a whole if there's a home on it. So, they had it replatted and they did the proper procedure. Um, it's just um they they did the right way. planning and zoning did recommend it. They recommended it to council. Nbody else showed up. So, no one showed up to this one nor the first one that we had with you guys to to do public hearings. So, until now,

is this the second reading, right? um if I believe per our charter and and ordinance if I think it's 70% would have to attest against the manufactured coming in. Um so it's just however you guys want to do it on this end if y'all approve. If not if if y'all want to table it up until however y'all think. Um we don't have 70% coming to a test. It's just one personnel out of the 250 ft of letters that were sent out. So there was quite a few sent out. Um, we had to do that procedure to make sure all surrounding neighbors received that notice. And, um, this one was a last reading, so he barely showed up to this one. So, I'm not sure why he waited so long.

That empty lot. No, Mr. McDougall, the a lot of dirt blew into your property. A lot of dirt blew on into your property because Yeah, I've seen that. I seen seen one then you had men shoveling that out but with them putting a a manufactured home there. It's just a temporary wind. I mean the wind coming in right now it's blowing dirt everywhere. Think that would keep that from happening again. I mean that property be like a not a wind block but a dirt block.

They still have procedure they have to follow. So as they get that manufactured home and it's ready to go, they're still going to have to put their cement drive in. Um I mean right now it's just dirt so it's blowing over this wind lot by doing that. Yeah but doing that it'll be it'll take that nuisance away from their property cuz blowing over it blew when it blew the north winds came in it those peep. No I've seen I drive by because I live we lived it. I think with a property I mean having a billionaire will really take that away and save that from happening to them again.

Is is is there a precedent prior I've only been on two years like in your tenure that a brand new manufactured home was denied? No, not brand new ones. No. Okay. They have denied some that Yeah. We had some older ones. Yeah. But not a new one. Understand the denying of the older ones.

Is there a possibility the city once this is all done city help clean up that is the blow? Because it's not. They already got it cleaned up anyway. Got it cleaned anyways. Yeah, it was that whole thing was all the way up through there was like that's just for not having a home there. Yeah, exactly. It's open. It's an open spots there, too. Blew really bad. Caused it. Yes. Could have. But I mean, this is considered an act of God. So, he's got to clean it up. Yeah.

And he might. Oh, and we did. We had to go all the way down through there and hauling off dirt. It's off the alley because it it covered their fences like two and two two and three feet. Wow. Well, you know there's a that damn rope and pin over on First Street that's always blowing out north. It did the same street. Yeah, that's what this was. It had a rope and pin there. What street is this? On 13th. 13th Street. So, you know, do you have any idea what the average appraisal of the homes on that street are?

No. Um, you have a few manufactured homes there. Say if you're headed east on 13th, you have a couple to the right, one to the left. Um, actually two to the left. There's one right off of Maynard. Um, right at the corner before you turn on Mayor, there's one there and there's one across street from that one. So, there there's quite a few there. But, do you know what the appraisal value of this new home is? I do not. Now, they don't normally send an appraisal information to us. I mean, I think they're nearing 200. Are they? I was just curious if this might actually add to the value of a home on that street, but it could possibly it may your mind may.

It's just more of giving it time um to let the process be complete. And I think it'll help like they how he mentioned I think that's known whether it would actually Yeah. I mean, it could be a benefit. Yeah. If you have two or three neighbors that already have these manufactured homes, what makes this one so detrimental to your What? What? What? What? If you already have two or three in your neighborhood of these manufactured homes, yes. What makes this one so detrimental to your property value? If they're going to take care of it and not bring in 20 cars and all their junk, it would be okay. Yeah. Right. But we can't guarantee that. That's an unknown.

Well, that's that goes back to that other ordinance we've talked about where actually we actually have ordinances ordinances that can keep that from happening.

Okay, we're still in public hearing. I know this is out of my place. I live right across the street from this. I don't believe the people that are applying for this to happen own actual property if that matters. There is the one that she's talking about that's the cabin looking one. There's seriously 15 to 18 cars there at all time. You need to drive down 13th Street and look. Yeah, I've been there a lot. Is that cabin any relation to who the ones that are putting in the application? No, it's on the other side. There's a house in the middle of it. And then it's on.

So, he's also here, too. I mean, you're more than welcome to speak, sir. Yeah. So, I live on 1909 East 13th Street. My plan is with a trailer is for me to move out for my mother's house to have a place for me and my daughter, my children. And yes, I will not I will not have 20 plus cars in my in my front yard. only rigs I will have and my two my two trucks I have right now. That's all. And you're here. And for the property value, I will keep it clean. I will make make it look nice. That's all I have to say. Thank you. I move that we close the public hearing. Second.

Motion second. All in favor to close public hearing. I oppose. There are none. On to item three to discuss and act upon the final adopting the reading ordinance 202604 authorizing issuance of special use permit line branch manufactured home to be located at lot 8 Milbour subdivision subdivision 20 section 31 block 48 HTNC road city of Delhart Harley County from Texas R3 residential special use move that we accept ordinance 2026- show form. Second. Have a motion, a second. All in favor? I. Any oppose?

I got one vote. Thank you. Motion carries. Item four, discuss and act upon recommendation from the Bonnie Djarnas scholarship committee to award four scholarships in amount of $3,000 each.

Yes, sir. Excuse me. Uh the scholarship committee met last two weeks ago. Two weeks ago and uh went through the eight applicants that uh applied for this scholarships and uh they came up with four names that they wish to uh give $3,000 uh out of that scholarship to uh interest has been good the past couple years. A little bit of money built up and they could give a little bit more this year just because of interest rates. Uh, if you want to know the names, I have them. Addison Ramirez, uh, Talon Garcia, Audrey Job, and Avi Aby Aby.

AI day were the four that were picked. Um, it's based off criteria, lots of different things. Financial need, class rank, ACTs, scores make up the most part of it. So, I'll be happy to entertain any questions. Make a motion that we accept the four scholarships in the amount of $3,000 each. Second. Have a motion. Second. All in favor? Any opposote?

Item five, discuss act upon ordinance 2026. Second reading and adoption ordinance city of Dard to Texas repealing replace chapter 8 buildings and structures. Article, dangerous buildings and structures. Hereby adopting new chapter 8, building and structures articles dangerous buildings and structures section 871 through 890 to said code regulating substandard buildings and other structures establishing standards for all buildings and structures. Providing for the declaration substandard buildings and structures as a public nuisance providing a notice to property owners, occupants, mortgages, lean holders, substandard building structures, providing a public nuisance on the substandard public hearing on the substandard building or structure. Providing for the abatement of nuisances, providing for recovery costs, providing for penalty clause, providing judicial review, providing for continuation of law matters, providing a severability clause, providing publication for the caption hereof, and providing for an effective egg. What a mouthful. Okay.

Yes, sir. This is the same ordinance. Uh this is the second reading of that dangerous building structures uh that we presented last council meeting. how we not make any changes to it. Um, this is just to help us get a faster way to get control of these major structures and help take them down and clean up. Uh, Leon or myself will be happy to answer any more questions that y'all have. But this is second reading or first reading. Says, and this is so y'all know, it's not a magic cure. This is still a pain. There is a process to go through with anything

legal getting rid of structures. It's it's not a magic cure, but anything will help. But this way makes it it makes it a lot easier because the old way we had to get before a district judge and all that and I mean now become but I mean Judge Allen has a lot more pressing issues than hearing the city's case on a dangerous building. So, if

it makes you guys kind of understand, I had eight homes I was working on. Within those eight homes, six of them when we were kind of trying to get them to either fix the homes, whatever they needed to do, six of them either sold them, fixed them up, or they sold them and someone else came and fixed them up. So, there's still two that I'm still working on right now. And this is where this ordinance will come into place where I'm going to have to do the legal process with them. So, um, two out of eight homes. I feel like that's somewhat okay. It's still a process, but we'll get there for the most part. Maybe we'll gain compliance within the process. Who knows? So, was one of them there 600 blocks or Yeah, that one on the corner there. That was one of them.

Thought that house should have been tore down, but yeah, somebody came in and started fixing it up. They have the means for it by all means. I'd rather them come in and and fix up rather than demo it, flat land it, and then it just sit there as an empty lot. So, back off her. I mean, this is kind of our last resort deal. Yes. We want people to come into compliance. We do not want We don't want these properties. Oh, I mean, it just cost us time and money to deal with them. You know, that's the last thing we want to do is ride a ticket for these properties, but we just we need more tools in our bags to get control if we have to. And all in all, this is just an ordinance to start a process. It still comes back to us before.

Yes. Yes. that is y'all will be the ultimate decision instead of a district judge instead of a district judge in this a lot of cities are going to this for because of the problems it it creates we we piggybacks off city of pampas on this had been talking to their code and and kind of she she right she he walked her through the steps that they did and they've had really good success with is and our city of China is really familiar with their stuff because he's the one that drew up there. So, he's familiar with the legal process as well. So, it'll make it easier for us to kind of follow the procedures.

I'm I'm happy having more weapons in our arsenal. It's just this is like a nuclear deterrent. You have to be careful with this one, I think. approve. Move to adopt ordinance 2026-06. Motion second. All in favor? Any oppose? Item six, we're going to convene into executive session for projects over lantern under Texas local government code 551.087 for deliberation regarding economic development negotiations. Next

Okay. Make a motion to come out of executive. I'll move we come out of executive session. Second. A motion and second to come out of executive session under chapter chapter 551.087. 87 for deliberate deliberation regarding economic development negotiation. No action taken. All in favor? I make a motion we adjourn. Second I All in favor. I I finish second and a run.