Zoning variance question for manufactured housing draws lengthy discussion
The City of Spur, which has struggled with staffing issues in recent years, last week accepted the two weeks’ resignation notice of a key member, police officer Taylor Howerton.
Howerton, who began her law enforcement service in Spur when she was sworn in as a reservist in November 2021, has accepted a post in the Floyd County Sheriff’s Office.
Mayor pro tem selection.
Earlier in the regular city council session of Tuesday evening, July 18, the council elected Rhea Melton mayor pro tem. In this role, she will act in the place of the mayor when the mayor is absent. Although selection of a mayor pro tem is required any time a new mayor is elected, said Mayor Louise Jones, the task was overlooked after the May elections.
Council member Melton first nominated current mayor pro tem Glenda White; council member Laidy Vasquez then nominated Melton. White garnered two votes to Melton’s three; there was one abstention.
Manufactured homes on city residential lots.
A good deal of attention was devoted to the matter of mobile homes/manufactured homes as permanent residences within the Spur city limits. A growing number of requests have come from property owners—many of them new—seeking affordable housing alternatives in the city.
Amid a flurry of recent interest, the city has faced challenges in identifying which of its existing ordinances apply to the questions of temporary or permanent dwellings, of several types.
Following a request for a variance from Robert Rosilez, who was granted a variance recently for his own mobile home on Sterley Avenue, council soon realized that there was not, actually, any ordinance in place prohibiting manufactured housing in any neighorhood of Spur except one addition along West Harrris Street. After asking Rosilez several questions about the occupants—he plans to place a home for relatives on a different lot—council members concluded that no variance was required for his request regarding N. Parker and W. 5th St., Block 19, Lot 2, OTS.
“It shouldn’t even be on the agenda, since there is no zoning preventing it,” said Jones. Council moved that no action was required and confirmed by a 6-0 vote.
Director of public works Chris Cornett reported that a sewer line has recently been tied in at the animal shelter, but further work is required to make it operational. Cornett also reported that during the past month his department had worked on two sewer lines, mowed lots, sprayed weeds, patched potholes, and sprayed for mosquitoes four times.
Though he was not present, Spur Volunteer Fire Department Chief Wess Abbott delivered one of the most welcome reports of the evening. Mayor Jones read that the VFD was “pleased to announce that a new contractor has been selected for firehouse, Collier Construction. “ Contstruction is estimated to take eight months; during that time the need may arise for occasional temporary street closures on the adjacent block of Third St. block. Abbott thanked all for supporting the July 4 VFD fundraiser.
For Codes Compliance, Barry Ferguson noted 15 violation letters sent, and progress on securing a place to dispose of substandard houses that are in process of condemnation.
For the Police Department, Howerton delivered a report of police activity, for the past month, including one arrest. She read her notice of resignation, with her last day to be July 28.
Howerton commented on earlier public comment regarding alleged unanswered 9-1-1 calls, explainging that she had been on duty and had handled one of the calls herself, which had resulted in no evidence of any trouble. Howerton suggested that anyone could request information from 9-1-1 logs, and that any question about response should be addressed to the Dickens County Commissiones Court, which oversees the county sheriff’s office and 9-1-1 dispatch.
Mayor Jones offered thanks for Howerton’s service. “We’ve enjoyed you being a part of our city and wish you well,” she said.
Substandard Building violation.
Council discussed at length their options regarding a Notice of Hearing issued to Mark Hooten regarding 404 Trumbull, Block 26, Lot 1-2, OTS. Hooten did not respond to the notice, according to council, and next steps regarding his two-story brick structure were uncertain.
Ferguson explained that the process included multiple steps: Form 1 certifies that a building has structural or sanitary problems that cannot be repaired; or is a fire hazard; Form 2 provides a notice of hearing; and Form #3, which Ferguson was proposing, involves a council’s order for the owner to repair, vacate or demolish.
The former hotel’s roof and second story are collapsing, Ferguson said, with windows missing and all wood structures “very unsafe and a hazard.” The question arose of what to do with the brick shell even if the wooden portions were to be removed.
Ferguson asked the council to consider what remedy the next notice provides, or what happens in case of a default or absence, as the city could itself be incurring significant costs of demolition and disposal. Council member Elaine Harris said that it might also be necessary to revisit language of ordinance.
Council moved to give the owner 30 days’ notice to completely demolish the building. Votes were 5 for, with council member Hope Ortiz abstaining.
Other agenda items.
City clerk Linda Alexander
reported in the absence of city secretary Ashley Carothers, who was on vacation.
During the previous month Municipal Court sent 1 letter, handled 3 OMNI filings, and collected $783 in fees. Judge Duggan will be in office July 26.
The city’s general fund is low due to higher than anctipated vendor bills, Alexander said.
City budget workshops are scheduled for Aug. 4 and Aug. 7, at 2 p.m. The next regular city council meeting is scheduled for Tuesday, Aug. 15.
Spur Economic Development Corporation director Charlie Morris, who has served in that capacity for the past decade, has tendered his resignation effec- tive at the close of this fiscal year, Sept. 30, 2023.
The city continues to work on the AMI project (smart water meters).
The city handled two public information requests.
Auditors did not make it to Spur before this meeting, so their report was rescheduled.
The city’s costs for participating in Texas 8-1-1 (“Call Before You Dig”) are increasing from 95 cents per call to $1.15.
A postage increase went into effect last week, adding to unanticipated costs.
City staff will hear a proposal from PayStar mobile pay solution, which is used by other cities; Harris suggested that, regarding this and any other vendor proposal, that the city research competitive vendors on their own and evaluate best options.
Council approved previous meeting minutes for the regular meeting of June 20, 2023, the special meeting of June 29, 2023, and the special meeting of July 5, 2023.
All council members were present: Mayor Louise Jones, Elaine Harris, Rhea Melton, Hope Ortiz, Laidy Vasquez, Glenda White and Don Wright. City staff present were Linda Alexander, Chris Cornett, Barry Ferguson and Taylor Howerton.
During the public comment period preceding the regular agenda, two citizens spoke. Their comments were limited to three minutes each.
Robert Zachary of 225 W. Harris St., asked whether the city had a plan for replacing its police chief, and would share it. Zachary claimed that 9-1-1 operator has told callers at times that no law officer was on call and that twice the Dickens County Sheriff’s Office had turned away emergency calls. “If the sheriff’s office is not going to enforce city ordinances or laws, we should not have to pay for their services,” Zachary said.
Zachary added, on separate topics, a nomination of Elaine Harris as mayor pro tem. (Mayor Jones, who reminded those present that council representatives are not authorized to respond to public comment, later explained the process by which the city council itself must nominate and elect a mayor pro tem.)
Regarding agenda item #7, mobile home variances, Zachary asked that such dwellings be held to “the same standards as tiny houses, Ordinance #677.”
Steve Bridges, representing Chamber of Commerce, introduced the question of why council needs to consider variances for tiny homes and manufactured homes, as existing ordinances seem to be inconsistently applied. “The Chamber is trying to help sell neglected properties, but new variances will turn them away,” said Bridges. “This town needs more businesses and people — lest it become another West Texas ghost town.”
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