Staff Reports
Tuesday’s City Council meeting rolled along quickly until the discussion turned to the sale of a 10 foot strip of Vale Street and revising the City’s Golf Cart Ordinance.
“I am opposed to closing any street or portion of a street that is in active use,” said Ward 1 Alderman Jim Finstrom. “I look at parking and cars are parked in there all the time. It’s going to impair the parking for the hotel and downtown. We shouldn’t’ have closed the other one and to do this would cause problems for events. It’s a central location and needs to remain public property. Parking is at a premium and we’d be taking parking away.”
The Gene and Patsy Ponder Living Trust purchased the vacant lot on the corner of Austin and Vale streets and had requested purchasing a 10 foot strip of vale street so they could build a sidewalk and balcony on the building they plan on constructing on the lot.
More than 20 years ago, the City sold a 10 foot strip of Vale Street in the same block to Bill and Karen Gleason so a porch and balcony could be constructed. The Ponder request would purchase the adjoining 10 foot strip from the former Gleason building to the intersection of Austin Street.
Representatives of the Krewe of Hebe and the Phoenix Organization, which put on various events in downtown expressed their concern over the sale as they spent the better part of three years getting approval for a power pole to be installed at the Austin/Vale corner for use by vendors and other event participants.
“We put in too much effort to get power situated there, in the public right-a-way to lose it now,” said Hugh Lewis, representing the Phoenix Organization. “We just want the Council to take into consideration what we worked to get done, and include a requirement to relocate the power. All of the Krewe’s, ours, and other organizations events use that power location and it’s vital to the success of our events.”
“We need to add the utility and sidewalk easement to tonight’s proposal,” said Jefferson Mayor Rob Baker. “With the easement we can do what we need to with the utilities at that location.”
“So the poles can stay?” asked Councilman Victor Perot.
“We may need to relocate them across the street,” said Baker.
Former Councilman Richard Turner addressed the council on the issue.
“I’m totally against selling street right a way,” said Turner. “It’s there for a purpose. Its there for utilities. The electric company has a franchise with the city for the use of those right-a-ways. By selling them you reduce their use of it. The right-a-way is there for the use of the citizens of this city. That is an active street. We have in the past sold some of that and we’ve run into problems with that before. Where are you going to stop? Are you going to sell the right-a-way in front of my house because someone else wants it? Parking is an issue and it is used all the time. I’ve used it myself. I’m not against development of that property, especially with the folks planning on doing the development. But selling the right-a-way is just not the right thing to do.”
Duke Deware, representing the Ponder Trust, said “There is precedent for it, as the 10 feet has already been sold to the adjoining property owner. This sidewalk would match the sidewalk on Vale Street, so you’re not giving up any space we don’t have. This will be no difference in the dimensions of the street or sidewalk between Austin Street and Dallas Street and what is in front of my office. It’s good for our town and I hope you’ll give it consideration.”
Council voted to amend the proposed purchase agreement with the addition of utility easements and an easement for a public pedestrian sidewalk. The vote was 3-2, with Aldermen David Westbrook and Finstrom voting against the sale, and Aldermen Perot, Gary Amburn and Ted Dickson voting for the sale. Alderlady Tyrani Braddock was on present for the meeting.
Event and private use of golf carts continued the theme of the discussion with Jefferson Police Department Chief Tino Perez
“Don and Francene (Rainey) came to council telling us they have a lot of events that bring people to town, and they want to know what their guests can bring through the gates and legally get on the city streets to get to the shops and restaurants,” said Baker. “Since that meeting I’ve had multiple discussions. If you start at golf cart and move up to ATV and side-by-side and motorcycle and that sort of thing, the feeling from our Chief is that anything above a golf cart goes too fast and automatically creates a higher risk for events – especially if you add alcohol to the mix. IT’s the chief’s wish to not even consider anything other than a golf cart.”
The biggest thing is we’re looking for clarity and to be in conjunction with state law,” said Perez. “Our biggest concern is public safety. We’ve not had a golf cart accident, yet, but it’s coming. It’s only a matter of time. Limiting to golf carts shows you’re looking out for your citizens.”
Event organizers brought up the need to consider that during events many of the service vehicles used by sponsors or EMT providers are the UTV type vehicle, and whatever changes Council makes to the ordinance gives them enough time to inform their sponsors, participants, and vendors of the changes so everyone can be compliant.
“The current ordinance has been on the books for five years,” said Baker, “and right now we’re not enforcing it right now. Part of this citizens have had five years to be compliant. We have visiting golf carts and the topic on the table is, are we willing to give an event exemption?”
In the end, Council requested Perez to put together a suggested new ordinance and bring that back to them as soon as possible so event organizers
Event organizers plan on meeting with Perez during the next month to help create a new ordinance and identifying different sub sections for everyday as well as event only use.
Council also established a repayment plan to the Texas State Comptroller’s Office of $212,747 over a 41 month period starting with the next fiscal year for the City. The City received the overpayment between the years of 2013-2016. With the plan, the City will repay the state $5,189 per month beginning in October 2021.
Surplus equipment owned by the City was sold after Council reviewed bids received. The 1994 Fort Pickup Fire Truck was purchased by Cotton Hampton for $2,287.50. A 2018 Ex Mark lawnmower for $3,602, a second 2018 Ex Mark lawnmower for $3,652, and a 2014 Ex Mark lawnmower for $972, were all sold to Dr. Bruce Bradley. Each sale represented the highest bid received on the equipment.
In other business, Council approved building permits for 495 W. Common Street, 211 E. Clay Street, 202 S. Market Street, and 419 North Polk Street, and a new agreement with Linebarger Goggan Blair & Sampson LLP to perform all legal services necessary to collect delinquent property taxes.
Baker announced he’s working with Marion County Judge Leward LaFleur on the creation of a COVID-19 Vaccine waiting list and hopes to have more details on that soon.
Baker also re-iterated the City’s offer to provide assistance with the payment of larger than normal water bills due to leaks incurred with the recent winter storm.
“To date I’ve not had anyone contact me via email,” Baker said. “I have contacted several who reached out prior to the decision, but have not heard back.”
Those wishing to request a payment plan need to contact Baker via email at rbaker@cityhallofjefferson.us or leave a message at City Hall so he can contact if email is not available.
Lastly, Baker informed Council that he had written a letter to NETWMD stating the City was no longer in any discussions with the Moon Lake Estates developer to provide water to the planned development.
Council held a 20 minute executive session for Consultation with an Attorney and Personnel Matters. No action was taken after the session.