Council OKs land sale

2009-08-28 / Front Page

By DAVID LOWE Staff Writer

It took five motions and four votes, but the Lampasas City Council eventually agreed to a market value for the purchase of land to be abandoned by the city just north of Farm-to-Market Road 580 East.

At its meeting Monday, the council voted 5-1 to abandon and sell two unopened street rights of way and an unopened alley right of way to builder Ronnie Muse for $12,000. Mayor Judy Hetherly, Mayor Pro Tem Les Gerhardt, and Councilmen John Cole, Bradley Neely and Jerry Grayson voted to approve the sale, while council member Wanda Bierschwale cast the opposing vote.

Councilman Evan Stubbs was not present at the meeting.

The area to be abandoned equals about 0.94 acres and consists of unopened portions of Avenue K and Stanley Street, along with a 20-by- 210-foot alley.

Using the average per-squarefoot taxable values of other properties within 200 feet, Public Works Director Randy Clark calculated a value of $16,195 for the 0.94 acres to be abandoned and sold.

Bumpus Appraisal Service reported the land's value to Muse as $5,210.

During price negotiations, Clark noted the site abuts FM 580 East for only 80 feet, and that parts of the property will be segmented and limited in access.

Because of right of way segmentation and limited access, the site's value likely is lower than Clark's estimate based on surrounding properties, Muse said.

"I could see how if this were all together as one big lump sum it would be worth more," the builder said.

In addition, part of the location sits within a floodplain. Muse intends to construct a metal building on the site, which is zoned for light industrial use, and lease the property. Property located within the floodplain will be used for parking.

City Manager Michael Stoldt told council members a price negotiation would be acceptable because Muse offered an appraiser's opinion of value. Residents who have requested alley and right of way abandonments in the past have not provided appraisals, Stoldt said.

A motion to sell the property for $12,500 failed 4-2, with only Cole and Neely voting in favor.

Gerhardt then made a motion to accept Muse's proposal to buy the property for $10,702.50 -- halfway between the city's estimated value and the Bumpus Appraisal Service opinion. The council reached a 3-3 deadlock, with Gerhardt, Grayson and Ms. Hetherly voting in favor and Cole, Neely and Mrs. Bierschwale casting "no" votes.

Next, a motion by Mrs. Bierschwale to sell the land for $5,210 died for lack of a second. The council then split on a vote to sell the prop- erty for $12,499. Cole, Neely and Ms. Hetherly voted in favor, while Gerhardt, Grayson and Mrs. Bierschwale voted in opposition.

After Stoldt said the city would add taxable property to its tax rolls by selling the unopened rights of way and alley, the council agreed to sell the 0.94 acres for $12,000.

Also Monday, the City Council held a public hearing on the proposed 2009-10 budget and tax rate. Stoldt said Lampasas' proposed tax rate of 39 cents per $100 valuation is lower than that of Copperas Cove (76 cents), Killeen (69 cents), Marble Falls (61 cents) and Burnet (58 cents). Gatesville's tax rate proposal is 34 cents per $100 valuation.

Lampasas' $31 million proposed budget includes about 12.5 percent more capital expenditures than in the 2008-09 budget. The city is projected to end the current budget year with about $627,000 in reserve transfers and is proposing to spend $767,461 in reserves during the upcoming budget year, which will begin Oct. 1. That transfer includes $100,000 to the general fund, $355,000 for lighting at the FM 580 West sports park, and $307,939 for water and wastewater spending.

Lampasas is projected to have about $3.7 million in discretionary reserves -- in addition to 90-day emergency operating expenses -- at the end of the 2009-10 fiscal year, Stoldt said.

Former Councilman Robert McCauley, a Lampasas resident who attended the city's budget workshops earlier in the month, asked the council to consider absorbing the expense of continuing to offer its current level of health insurance benefits. The proposed budget calls for a change to a deductible plan in which employees would pay for 20 percent of their health-care costs.

"I believe you have an asset that's just as important as those [sports park] lights, and that's your [employees]," McCauley said. "I'd hate to think lights are more important than people."

During the public comment portion of the recent meeting, Lampasas residents Sheryl Estes and Kenn Manly discussed a number of intersections they consider to be unsafe and/or in need of repairs.

Manly said he and Ms. Estes observed and measured multiple intersections. In the process, they found several obscured views and noted inconsistencies in the distances between stop and yields signs and intersections. Manly said those factors make several roadways dangerous.

"Every accident waiting to happen is a lawsuit waiting to be filed," he said.

The Lampasas resident added he is most concerned about public safety.

Ms. Estes also expressed concerns about private use of alleys, as she said she does not know if the city has abandoned all the alleys in question. She added that some street signs don't match information in recorded plats.

Ms. Hetherly asked Manly and Ms. Estes to give city staff a copy of their list of intersections that concern them. The mayor added that staff will investigate the street signs Ms. Estes mentioned, as well as the placement of safety markers.

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