Rusk denies zoning for trailer park
BY GLORIA JENNINGS

The Rusk City Council denied a zone change request from Kevin R. and W.R. Bowden Thursday evening. The Bowdens asked that the council change zoning for a 2.5 acre tract on North Main Street to B-2 to allow them to locate a travel trailer park. However, the travel trailer park is already in operation and six campers are located there.

Vote by the council was 5-1 with Councilman Kris Morgan voting against the denial. He had made an earlier motion to grant the request, which died for lack of a second. Councilman Don Jones motioned to deny the request and Sam Florian seconded. Also voting for the denial were Mayor Angela Raiborn, Walter Session and Donald Woodard.

The planning and zoning commission voted June 12 to recommend to the council that the zoning change be approved. Vote at that meeting was 2-1. Mike Crysup, chairman, made the motion to make the change and Mary Madden voted with him. Jim (Buz) Netters voted against. Two other members were absent. Mr. Crysup at first said he could not make the motion but later did so.

Currently, the Bowdens have rented space on the property to owners of travel trailers. A hearing on a lawsuit filed by the city against the Bowdens concerning the trailer park is scheduled for July 12 in the 2nd Judicial District Court.

The property, located on Main Street, is currently zoned residential one-family on the front and mobile home on the back. In order to operate the property as a mobile home park, an additional 7.5 acres is needed. The city ordinance states that a mobile home park must be at least 10 acres in size.

The presentation on behalf of the Bowdens was made by Steve Guy, their attorney.

Mr. Guy said at both hearings that more of the property is zoned mobile home than residential. "If 60 percent of the property is zoned mobile home, the entire tract would be designated as mobile home," Mr. Guy said.

Mr. Guy informed the council that if the zone change is not approved then his clients could purchase additional property and use it as a mobile home park.

Councilman Florian asked, "Are you threatening us, Mr. Guy? Are you telling us that if your client doesn't get his way, then he will open a mobile home park?"

Mr. Guy replied that he was.

Eddie B. Vining, who lives across the street from the trailer park, appeared at the planning and zoning board meeting to oppose the change. She was accompanied by two other women.

Letters submitted

The council was in possession of two letters and Mr. Jones reported that he received a phone call from a couple living in the Main Street area, who oppose the change. "This man said he and his wife are elderly and did not want to get out in the weather." It had rained prior to the 5 p.m. meeting.

Martin Lazcano, who lives on North Main Street near the Bowden property wrote, "First Kevin and W.R. Bowden are not requesting anything instead they are demanding. The approval of the so called new zoning decreases the surrounding property value. The type of business the Bowdens forced upon an existing neighborhood increases crime rate. RV parks should never be part of the downtown area.

"It is very important that before any person considers to open a new business they must gather all the necessary information about all rules and regulations that pertain to the type of business they wish to open. Apparently, Kevin and W.R. Bowden did not look into all the rules and regulations instead the Bowdens developed their land and rented a few spaces but when they got in trouble for doing so they filed for a new zoning change. The Bowden's RV park is up and running so they are not asking anybody if they can open it instead they are telling us that the park is here to stay whether we like it or not. Therefore, it is a slap on the face for them to even file the petition for the new zoning.

"We welcome new businesses because it is good for the local economy and raises property value; unfortunately, not all business is good business. A couple of good examples of good business are Family Dollar and the Best Baked Donuts. Both the donut place and Family Dollar recently opened on Main Street and on west Hill Street. These establishments help beautify the downtown area while increasing property value.

"The Bowden's RV park decreases property value and threatens the surrounding home security. People who rent a space at an RV park have access to the site 24 hours a day seven days a week which means they can come and go as they please day or night. I see and hear traffic coming in and out of the RV park at all times of the night. One major concern is that we have no idea who the occupants are, where they come from, if they are good or bad people, are they criminals running from the law, will they steal something from us, will they hurt us and can we trust them? I am not saying that every person who rents a space at an RV park is a criminal, but there is always the possibility that one of them could be. There is nothing that can stop an individual from committing a crime, yet things are easier for those who live in or travel in a RV because all they have to do is hookup their vehicle to their travel trailer, turn on the ignition and they are gone without leaving anything behind. The Bowden's trashy looking RV park in the middle of town decreases property value, threatens our home security and offers nothing to our neighborhood. There are several RV parks in the city and a state park not too far away from the downtown where the current renters can stay. The local economy will not suffer because it does not matter where in town the travelers stay. Their contribution will be the same.

"I am a strong supporter for both new and old business. I visit all restaurants, convenience stores, mom and pop stores, family stores, coffee shops and so on. I would like for every person who visits our town to go home feeling good about the City of Rusk and maybe someday they will come back to be a part of our community. The Bowdens' RV park gives the sense that we don't care what our town looks like. Everyone is familiar with the so called used car lots that look more like junk yards because the cars are filthy, the grass is taller than the cars and the car parts are all over the place. There are buildings in this town that should have been condemned decades ago because they are rotted and are falling apart but are being used as restaurants and apartments. These types of businesses are not only filthy but they make the town look terrible. I am asking you to please deny the petition for zone change and ask the Bowdens to close down the RV park."

Zelwanda Hendrick, who resides at 204 E. Fourth Street, wrote in opposition to the zone change.

Ms. Hendrick said "As a former city manager, Kevin Bowden, knew the zoning for that plot and has shown his "anger" for the problems he created that have placed the Rusk citizens in debt. Yes, I believe this to be a revenge tactic.

"To begin with, before placing any travel trailer on the property he should have come to you for this request he is now making. The process is backwards--yet even facing the suit from our city he pursues another way. Note his acreage does not allow this.

"Please reject this continuing battle by our former city manager. Show him that the zoning code applies to him also."

In his presentation, Mr. Guy said, a donut shop is located at one end of the street and a building planned for a restaurant on the other end. The donut shop is across from the Brookshire Bros. parking lot and the restaurant building is across from Citizens 1st Bank.

Bob Francis, owner of Bob Francis Ford and a resident of Lake Jacksonville, said "This is a public outcry for the zoning change with no one showing up in opposition. The city talks about economic development and here is a young man who wants to develop the community. People living at the park work here and shop here. They want to live near their work and their square and this is an ideal situation. This is one of the nicest looking places in town. You need to approve this and move on."

B-2 zoning would allow anything from convenience stores to used car lots to be located there, City Manager Mike Murray said.

The Bowdens have been given a deadline of July 1 to move the travel trailers from the lot. If they are not moved he will be fined $200 per day.

Water improvements

The council voted 6-0 to install a 10-inch water line from a proposed new well on FM 343.

Alan Ross, engineer with Shaumberger & Pope in Tyler asked that the council change its plans to include the 10- inch line. This will allow the water well to serve the Guinn Hill tank in the event there are water problems. "This will give you as much water as you need on the east side of town," Mr. Ross said. Also, the city will bore beneath U.S. Highway 69 S. and serve the schools on Salem Road and FM 343.

Cost of the 10-inch water line will be $250,000 in addition to the cost of the water well and tank being constructed. Payment will come from existing city funds.

In other matters the council approved the purchase of a new pickup truck for the building inspector from Bob Francis Ford for $16,819. A printer will be purchased for the municipal court with funds from the technology fund. The council will meet next week to consider approval of a contract with American Heritage Railways.

Attending the meeting were Mayor Raiborn; Councilmembers Morgan, Session, Jones, Woodard and Florian; City Manager Murray and City Secretary Fran Wendeborn.