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HomeMy WebLinkAboutMinutes City Council - 10/06/1982 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING WILMA C. MAGEE ELEMENTARY SCHOOL CAFETERIA 4201 CALALLEN DRIVE 7:30 P.M. AC g \ct . PRESENT Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Bob Gulley Cliff Zarsky ABSENT: Council Members: City Manager Edward Martin Assistant City Attorney Bob Coffin City Secretary Bill G. Read Jack K. Dumphy Herbert Hawkins, Jr. Dr. Charles W. Kennedy Mayor Jones called the meeting to order and introduced himself and stated that since this is -the area in which Council Member Bob Gulley resides, he had asked him to preside at the meeting. Council Member Gulley then stated that the purpose of the meeting was to conduct the public hearing on the preliminary assessment roll for improvements to Ca!alien Drive from U. S. Highway 77 to Redbird Lane. City Secretary Bill G. Read called the roll of required Charter Officers and verified that ' the necessary quorum was present to conduct a legally constituted meeting. Mr. James K. Lontos, Assistant City Manager, stated that the purpose of the hearing is to present evidence pertaining to this project which was included in the 1977 bond program and has been included in the Urban Systems Program which is managed by the State Department of Highways and Public Transportation. He explained the procedures by stating that the City will present testimony from the City Engineer and from a Real Estate Appraiser to determine whether or not abutting property will be enhanced in value at least in the amount of the assessments. He informed the Council and the audience that the Assistant City Attorney will conduct the formal portion of the public hearing. MiafJLMED SEP t 9 ISM "inutes eciai Council Meeting ' _tober 6, 1982 Page 2 Assistant City Attorney Bob Coffin called as his first witness, Mr. Gerald Smith, P.E. City Engineer. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been employed by the City of Corpus Christi for twenty-three years and that he has on file, in the City Engineering Department, his qualifications. Mr. Smith then testified that he is familiar with the project and explained the proposed improvements to Ca!alien Drive from Highway 77 to Redbird Lane. He pointed .out that this is not a voluntary paving project and that the plans were prepared jointly by the City and the local office of the State Department of Highways and Public Transportation. He explained that the project will include a storm sewer which is under construction. He stated, also, that the bids were received by the Highway Department in August of 1982; a contract was awarded to the low bidder, Heldenfels Brothers, for a bid of $437,597.97; the contractor has already started work on the storm sewer, utility lines, etc.; the project calls for 100 working days; and it is anticipated that the completion date will be in February, 1983. Mr. Smith explained that the City Staff prepared the assessment roll which consists of twenty-eight items based on the following rates: on property other than residential, the curb, gutter and pavement will be assessed at $19.50 per linear foot; sidewalks, $1.00 per square foot; driveways, $3.00 per square foot; and for residential property, the curb, gutter and pavement will be assessed at $9.75 per linear foot; sidewalks, $1.00 per square foot; and driveways, $3.00 per square foot. He informed the Council that the State and Federal portion of the project will total $189,997.97; the preliminary assessments will be $75,162.78; and the City's share will be $172,437.22. He explained that the payment of the assessments will not be due until 30 days after completion of the project, and that they may be paid by cash or over a period of five years at 8% interest rate, or in cases of hardship, that time may be extended to ten years. He stated that if there are any questions about driveways, the Staff will meet with individuals to discuss them after the meeting. In response to a question from the audience, Assistant City Manager Lontos explained the Urban Systems Program which is under the Federal Highway Act and the method by which the State disburses the funds. Council Member Gulley called for questions from the audience in regard to the testimony that Mr. Smith had presented. ilnutes acial Council Meeting `,—.- tober 6, 1982 Page 3 Sister Theresa, Mother Superior of the Society of Christian Social. Services, referred to item 3 and informed the Council that the assessment for their property is $8,602.95 which she felt was much too expensive for their type of operation which is to provide all kinds of services for the needy and asked that their fee be waived in view of the fact that they do not have any source of income and are supported strictly by donations. Mayor Jones pointed out to Sister Theresa that there have been other churches in the same situation that have had to pay the assessments when streets are improved in their areas. He stated that he is not aware of any precedent to exempt churches from assessments. Sister Theresa explained that PAX Christi is an Order that does not have any source of funds; they perform a unique service by providing 24-hour service without any fee; and they are not like other churches in that they have no members of a congregation to contribute toward the payment of assessments. Council Member Zarsky referred to the question he had previously asked as to whether this Council has the legal authority to waive any assessments, and Assistant City Attorney Coffin stated that he had just learned of this question and he was not sure whether or not the Legal Staff has had an opportunity to research the matter. Council Member Gulley pointed out that if the Council makes an exception in one case for any nonprofit organization, other taxpayers would have to pay for their portion of the cost of street improvements. City Manager Martin reminded Mr. Gulley that the term for payment could be extended for a period of ten years. Sister Theresa also stated that their existing driveways have been damaged by the contractor and City employees who have used their asphalt in front of their project as a turnaround for vehicles. Mr. Smith assured Sister Theresa that the contractor will put all of that back in order before the project is completed. He stated that he would meet with Sister Theresa and Mr. Bob Ayers of the State Department of Highways and Public Transportationto be sure that the driveways are repaired as well as the asphalt in front of the building. Mr. Donny N. Arrington, 4330 Calallen Drive, explained that their property has a drainage problem. He asked about the elevation of the new street and if the property would suffer more from poor drainage. Minutes ,tial Council Meeting J ober 6, 1982 image 4 Mr. Smith stated that this will be checked and he would be glad to discuss this with Mr. Arrington after the meeting. Assistant City Attorney Coffin called as his next witness Mr. George Paraskevas, Real Estate Broker and Appraiser. Through questioning of Mr. Paraskevas, he ascertained that he is qualified to serve in the capacity of appraiser for the City and that he was thoroughly familiar with all of the property involved in this street improvement project. Mr. Paraskevas testified that although he did find that there are some pie shaped or irregular shaped Tots, in his opinion, each and every piece of property will be enhanced at least in the amount of the assessment. Mr. Arrington addressed the Council again and stated that the traffic is already heavy and if the street is improved, traffic will increase; he was of the opinion that the street will deteriorate more after it is improved; and questioned whether his property would actually be improved and enhanced in the value of the assessments. He stated that they do not even have sewer service and he felt that that was more of a priority item than the street improvements. Mr. Smith informed Mr. Arrington that a sewer line has just been extended which will allow him to make a tap request at this time in order to tie on to the City sewer system at a cost of $2.00 per foot. He explained that if he waited after the first six-month period, that pro -rata . charge would be increased to $5.00 per foot. Mr. Homer McBride, 4334 Calallen Drive, also questioned the statement that his property would be increased in value. He expressed the opinion that the street improvements in Calallen Drive will actually benefit other people more than the residents of the street. Council Member Gulley pointed out that when ditches are eliminated and curbs, gutters and sidewalks are installed, property value is always increased. Council Member Zarsky expressed the opinion that there is some merit in the two property owners' opinion that their property will not be enhanced in the amount of the assessments. He pointed out that this was not a voluntary street improvement project and some consideration should be given to that fact. Mr. Lontos then introduced Barbara Urban, who was the City Engineer on the project, as well as Mr. Harry Maxim and Mr. Marion Brown, both of whom will be working with the individual property owners on the assessments and any problems they might have with the project. Minutes .". cial Council Meeting ;ber 6, 1982 e 5 Mayor Pro Tem Turner explained to the members of the audience that it would be difficult for the Council to change the policy to reduce the amount of the assessments since they are in accordance with the ordinance. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. There being no further business to come before the Council, on motion by Mayor Pro Tern Turner, seconded by Council Member Zarsky, and passed unanimously, the Special Council Meeting was adjourned at 8:40 p.m., October 6, 1982.