City of Teague Conducts Two Public Hearings
Two public hearings were held during Teague City Council’s meeting Monday, December 17, 2018.
The first, seeking citizens’ input on an application to replat Lot 5 and Lot 6 of the Toler Subdivision I, in order to combine the two lots at the request of the landowner, saw no participation from the public.
However, Aldermen engaged in a lengthy discussion regarding the seemingly simple request when details of the property were brought to light.
According to Theresa Prasil, City Administrator/Secretary, the City abandoned an easement on the property in 2016 at the request of the former landowner, forgoing City access to the sewer line underneath, believing at the time that the line running between the two lots was inactive.
Now, the new owners have submitted a request to combine the lots, as well as a request for a building permit for a home to be constructed directly over the sewer line.
Prasil explained to the Council that the easement was abandoned after the Public Works Director at the time, Gus Ramirez, and City Administrator Judy Keally determined that the sewer line was no longer active, and the Council voted to abandon the easement.
However, according to Prasil and current Public Works Director, Jacob Cowling, that is not the case.
When doing a video sewer inspection, Cowling discovered that the end of line could not be determined. Also, City staff could not locate a manhole providing access to the line.
“They [the landowners] were misled,” said Alderman Ron Rasbeary, “If I would have known at the time that there was going to be a problem with the sewer line I wouldn’t have approved the deal until the City dug it up while we still had the right of way.”
Problems arise if ever the line needs to be accessed for repairs.
In fact, the City’s attorneys advised that the Council not approve the replat of the two lots. With the sewer line directly underneath the proposed home, conflicts of public interest arise should the City ever need to access the line for repairs.
“We don’t know where that [sewer line] actually ends,” explained Prasil. “And we can’t do digging because we don’t have the right of way. So the house is going to sit on the sewer line. If something happens to that sewer line – whether you abandon it or not and it causes any issues with their home, the City’s still back at fault because it’s still our sewer line even if it’s been abandoned.”
Prasil explained that the landowners have the option of choosing to build their home on one lot or the other, or pay to have the line relocated so the house can occupy the chosen location in the center the two lots.”
Alderman Rasbeary vehemently disagreed that this issue should be passed on to the landowners.
“Again, I go back to it should have been the City’s responsibility because they [the landowners] were told not to worry about it because they [the City] were going to use that line to tie in to.”
According to Rasbeary, the Council voted to abandon the easement in 2016 with the understanding that the sewer line was inactive and would also be abandoned, capped off, and used to tie in to a home to be built on the property.
“I think we need to make a decision – before we can determine what we’re going to do about the plat, we have to determine what we’re going to do about the sewer line. I think it’s the City’s responsibility,” Rasbeary reiterated.
“I disagree,” said Alderwoman Marie Hertenberger, who maintains that it is the landowners’ responsibility to obtain the necessary information about their property and its limitations.
“I think we’ve shot ourselves in the foot because there’s three or four people wanting to build here that’s looking at what’s going to happen on this because they don’t think the City’s doing them right,” responded Rasbeary
Mayor James Monks reminded the group that the Council was only acting on the application to replat the two lots and called for a motion on the item, but none was received.
Prasil suggested that the Council table the item to review and readdress it at a later date.
Rasbeary made a motion to table the item, and received a second from Hertenberger.
When asked to specify his motion and the purpose of tabling the discussion, Rasbeary stated that he wanted to speak to the City’s attorney himself to review options available for the City to make the situation right with the landowners.
“Do you have a personal interest in this or something?” interjected Alderman Jerry Ballew.
“I have no personal interest in this – their good friends of mine,” answered Rasbeary, “but I think the City told them wrong way back there. I know that it was not the same administration, but it goes back to the same thing, the City approved it and the City ought to have to stand behind it!”
Rasbeary withdrew his original motion, and made a new motion to table the item until the next Council meeting and that the Council grants him permission to talk to the City’s attorney about the matter; however the new motion died for lack of a second.
Alderman Ballew made a motion to reject the application to replat the two lots. With a second from Hertenberger and a vote of 3-1, with Rasbeary opposed, the application was not approved.
The second public hearing was conducted to gather input on the City’s application for the Texas Department of Agriculture for a Texas Community Development Block Grant (TXCDGB).
Citizens were asked to provide their suggestions on how and where the City should focus on applying possible funds received from the grant, no suggestions were given.
Prasil explained that the City is in the process of applying for the $300,000 grant for improvements to the City’s infrastructure, namely improvements to the wastewater systems on the lift station on Jefferson Street and sewer lines on Adams and South Streets.
The application is due March 2019, and if received, the grant would require a 15% match from the City.
Kelly Satterwhite, chairman of the Park Pavilion Committee, presented their recommendations as voted on at their first meeting on December 13th.
The Council unanimously approved the Committee’s requests to appropriate $5,500 to hire the City’s engineers to conduct a structural study of the Pavilion to establish the general scope of work needed to remediate the Park Pavilion structure only; to allow the City Administrator to requests bids for the work named in the study from at least two contractors; and to extend the original tabling of the item until the Park Committee makes their official recommendation.
The item was initially scheduled to return to the Council’s agenda after ninety days, which will expire on January 26th.
Once the engineer’s study and subsequent contractors’ bids are received and reviewed by the Committee, Chairman Satterwhite will return to present the Committee’s recommendations to the Council for consideration and possible action.
In other business, Aldermen approved the signing of the Advocacy Center Memorandum of Understanding Addendum with Multidisciplinary Team Enhancement – Statewide Intake Reports by Chief of Police DeWayne Philpott.
According to Chief Philpott, the memorandum outlines protocol for domestic violence and family protective services cases, helping to streamline the process.
The Council discussed implementing procedures for City representatives to contact the City’s attorneys.
Prasil requested that the Council put these procedures in place to submit to their attorneys and avoid additional charges for consultations.
According to Prasil, currently she and the Mayor call the City’s attorneys as needed, but try to have legal questions answered by Texas Municipal League (TML) lawyers for free as a benefit of the City’s membership.
She told Aldermen that they are also free to contact TML lawyers at any time to have their legal questions answered.
The Council voted unanimously to outline the policy for contacting the City’s legal team, agreeing that Aldermen and City representatives should go through Prasil or the Mayor to request consultations or recommendations from city contracted attorneys.
