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DeLeon City Council members heard
differing opinions on the current city clean-up efforts during
the most recent City Council meeting, October 9, 2008.
Council members Gayle Stroud, Pauline
Villarreal, Lee Childers and Mayor Danny Owen were present for
the 6 p.m. meeting, with Councilman Avery Carlisle absent.
Also present were City Administrator
Karen Wilkerson, Emergency Management Coordinator Ray Helberg,
Chamber Director Linda Levens, Public Works Administrator Rob
Duncan, Police Chief Ralph Dickey and Officer Tim Fanning.
Prior to the remarks on the clean-up
efforts, Gene Kea (representing his father Wayne Kea) spoke to
the council regarding the possible de-annexation of the elder
Kea’s property on Navarro Street (Hwy 6).
“My dad has moved to Tyler,” Gene Kea
said, “and we were going to lease that property. And then we
received a visit from the town patrol officer telling us we
could have only two hooved animals on that five acres, because
it had been annexed, and that was the city ordinance. Back when
that was going to be annexed, my dad came to City Hall and
talked to some representative of the city and was assured that
as long as he’d been there, there had been no problems, no
complaints, and that it would in no way bother his (goat)
operation. Well the guy who wants to lease it, wants to continue
that operation, and have some livestock on that property. And if
the city ordinance doesn’t allow that, then we want to seek some
method of de-annexation, or some other recourse, whatever we can
do.”
Kea said that not being able to have
livestock on the property has devalued it by well over 50
percent.
“That five acres has become a
liability instead of an asset,” Kea said. “Because we also got a
visit from the code enforcement officer. One (officer) said we
can’t graze it down -- and the other says we’ve got to keep five
acres mowed. So I just want some relief on this. To me the
easiest way to do this is to de-annex it, and we can do what we
want to with it, like we used to.”
“There are some problems with that,”
Mayor Owen said. “We’re in the process of annexing on out
further -- out to the end of the new fair ground. We discussed
this with the city attorney and this property has been inside
the city -- according to the city map -- since June 22, 2000.
And your father’s place was grandfathered in under the
ordinance, but once the animals were removed, or somebody else
comes in on the property, then they must comply with the new
ordinance.”
“I don’t find that when I read the
requirements for extending an ag exemption,” Kea said.
“...There are many things that are
grandfathered in when you do an ordinance,” Owen said, “but once
that individual leaves that property with those animals, or
sells the property, then that grandfather clause is no longer
valid.”
“But it’s not sold, it’s leased,” Kea
said.
Kea then asked about the length of
time the animals could be off the property before the
grandfather clause would be invalid.
“To be honest,” Mayor Owen said, “I
would have to consult with the city attorney, and see how the
ordinance is written. Is there a possibility that we could get
this back on the agenda for the next council meeting? We’ll see
if we can clarify that ordinance, and seek more advice.”
Kea said he would try to come back,
even though it would mean taking off work again, because he
needed the situation resolved.
There was then more discussion,
including just how much property has been annexed, and when.
Eventually, a motion was made to table the item pending further
research, and consultation with the city attorney.
Council members then heard a report
from June Bankhead regarding overgrown and junked property at
Moseley and Sipe Springs Road (near her own property) that she
has complained about for many months.
Bankhead reported that the property
in question had finally been cleaned-up by the owners, but she
felt that the city had basically dropped the ball on enforcing
the ordinances.
Bankhead asked if there was anyone
who would continue to monitor the situation, “Or is this still
my problem?”
Mayor Owen acknowledged that there
had been many, many delays in clean up efforts, but explained
that with an officer (Tim Fanning) who could now write citations
for violations, things should get better soon. During a brief
discussion, about the city clean-up efforts in general, Mayor
Owen noted, “we have issues all over town that we’re trying to
address. There are people angry about it, but it’s their
neighbors who are raising a stink about property that is
unkempt. We’re getting after it (more than 170 ordinance
violation letters were sent out recently) and we’re trying to
clean things up.”
Councilman Childers apologized to
Bankhead for the inconvenience she’s experienced in DeLeon.
Bankhead said she liked DeLeon, and
wanted to continue to live here, but if the property in question
was not maintained she and her husband would look at selling
their home. No action was taken on this item.
Bill Sturdivant then addressed the
council regarding ordinance violation notices he received on his
property.
“I own property between Travis and
Texas (streets),” Sturdivant said. “It’s a little over four
acres, and most of that I use and cut for hay.”
Sturdivant said that although last
year he cut it four times, this year he cut it only twice (less
rain).
Sturdivant explained that when he
first bought the property, he had to clean it up.
“Everybody in town knows how much of
a mess it was,” Sturdivant said.
After a few more comments, Sturdivant
said, “There are several properties, in town, that are cut for
hay.” He then distributed several photos of property around town
which he said had been cut for hay before. “Isn’t most of the
industry here farming and ranching?” he asked. “Why can I not
grow that and cut it for hay?”
“I can see your point there,” Mayor
Owen said, “but it creates a high risk for fire danger for a
residential area.”
“I understand that,” Sturdivant said.
“If it wasn’t wet, and it was dying, I understand that, and it
would need to be cut down. But not if it’s growing and it’s
green.”
Councilman Childers noted that
someone else may say, “How come he doesn’t have to do it -- and
I have to do it?”
“It’s a city ordinance.” Childers
said, “That’s the way it is -- for everybody.”
“So everybody who grows hay in the
city limits is going to get fined?” Sturdivant said.
“It’s got to be done according to the
city ordinance,” Childers said.
There was then a discussion among
council members and Sturdivant about how many people are cutting
and baling hay in the city limits.
“The point is, we need to make a
decision here,” Sturdivant said. “If I cannot do that for hay,
that’s a problem for me. When I bought the property I didn’t
know I couldn’t do it for hay. The ordinance wasn’t even in
place.”
“You originally bought the property
for residential development didn’t you?” Owen said.
“Yes, and I’m still trying to get
there,” Sturdivant said.
“When you originally bought the
property, the ordinance that was in place could not be enforced
until the grass was four foot tall,” Wilkerson said. “This new
ordinance (can be enforced when the grass) is 12 inches tall.
Because we had a lot of people complaining about the height of
the grass and when they came to complain I couldn’t do anything
about it before until it was four foot tall.”
Wilkerson said that eventually led to
the council re-structuring the ordinance. “That’s why you’re
getting a letter now,” she said.
Sturdivant said he had a simple yes
or no question. “You’re telling me that I cannot grow that for
hay?”
“Under the current ordinance, that’s
true,” Mayor Owen said, adding that the city could look at an ag
exemption for the property. “But the neighbors in that community
may have a big problem with it.”
There was more discussion on the hay,
with Sturdivant noting that it had actually been cut prior to
receiving the letter.
“All I can offer is to see about an
ag exemption on this property,” Mayor Owen said.
Sturdivant noted that it would not be
an issue again until next spring. “It’s cut,” he said, “and I
don’t think there’s time for it to grow back enough to be mowed
again this year.”
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