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HomeMy WebLinkAboutMinutes City Council - 08/19/1971 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING CHAS. W. CROSSLEY SCHOOL August 19, 1971 8:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tern Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Asst. City Secretary Bill G. Read James K. Lontos, Director of Engineering Services; Ron Stubing, Director of Neighborhood Improvement; Wm. A. Anderson, Director of Zoning and Planning; Ernest Briones, Director of Urban Development; Bobby Terry, Assistant City Attorney; Gerald Smith, City Engineer; and Gene Tackett, Pat Wright and. Ray Alvarez, Public Works Department. Mayor Ronnie Sizemore called the meeting to order and stated the purpose of the Special Meeting was to hold a public hearing on proposed assessments for the Hillcrest Area Neighborhood Improvement Program, and asked that it be noted that a quorum of the Council and the required Charter Officers were present. City Manager Townsend explained`the nature of the project, stating that it is a Code Enforcement project and partially funded by the United States Department of Housing and Urban Development, a portion to be paid by the City, and the remainder to be paid through assessments by the property owner. He explained that the underground work which is in progress at the present time is being funded by bond funds which were voted several years ago. He stated that basically, the project began with petitions from residents asking that the streets be improved. He explained the procedure to be followed, stating that the night meeting is being held in the vicinity of the proposed improvements to accommodate and encourage the attendance and comments of interested persons within the community; that there are 1110 pieces of property listed on the Assessment Roll, that each had received formal notice of this meeting, and that it will be the City's responsibility, as a result of this hearing, to determine that after the improvements, each piece of property will be enhanced at least to the amount of the assessment. He explained that those property owners present will be given an opportunity to question the Staff regarding the general aspects of the project, and that Assistant City Attorney Bobby Terry would conduct the hearing; that the Staff would offer • r / • Minutes Special Council Meeting August 19, 1971 Page 2 testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Assistant City Attorney Bobby Terry explained the legal theory in support of the public hearing, stating the procedure is governed by the State Statute requiring that a public hearing be held to determine that the properties, after improvements, will be enhanced at least in the amount of the assessment. Director of Engineering Services James Lontos testified as to his qualifications and his knowledge of the Hillcrest Area Neighborhood Improvement Program. He explained the nature and extent of the proposed improvements and described in detail the plans and specifi- cations, pointing out on the map the location of the streets proposed to be improved which includes portions of Noakes, Hulbirt, Koepke, Minton, Moore, Nueces, Dempsey, John, Summers, Hatch, West Broadway, Lexington Avenue, Kennedy Avenue, Peabody Avenue, Stillman Avenue, Van Loan, Palm Drive, Floral, and Buffalo. Mr. Lontos explained that the basis assessment rate had been determined by using the unit prices taken from the bid submitted by Couch Construction of Houston, Texas, and separating the items in the contract in categories in which the Department of Housing and Urban Development will participate with the City; that after the total cost of the participating items in the categories has been established, then 1/3 of the cost was divided by the total amount of either linear or square footage assessible on the project; that credits for existing sidewalks and driveways have been allowed, but no credit allowed for existing curbs and pavement. He explained the three types of street widths, some 28 feet, some 31 feet, and some 36 feet; pointed out the streets to be rehabilitated, the streets for complete reconstruction, the width and type of sidewalks, location of curb and gutters and driveways, and the prorated assessment for each category. He explained that in all instances where possible sidewalks would be routed to preserve existing trees, which he stated could be done in at least 95 percent of the cases. He described the staging of the construction, stat ing that construction would begin in the center of the area where underground utility adjustments are under construction now, and move toward Port Avenue, • • Minutes Special Council Meeting August 19, 1971 Page 3 and that the final phase would move from center toward Nueces Street; that the aboveground street construction will begin within the next 45 days, and that is to be completed within 300 working days. He explained that property owners will not be billed for the work until the project is completed, and that each property owner will be contacted in the meantime and arrangements worked out for payment. Mr. Lontos quoted the assessment rates for curb, gutter and pavement, sidewalk, driveways, sidewalk thickening w/dowels, header curb, pavement only, curb and gutter only, and concrete steps, and that based on these rates, the Total contract price is $1,512,765.14 and the total assessment (Preliminary Roll) is $435,096.92. City Manager Townsend explained that the assessments as they are now listed on the Preliminary Assessment Roll are based on the same ratio whether applied to the front footage or side footage of the property; that the typical lot in Hillcrest is 50 feet wide and 135 feet in depth; that the assessment is three or four times as much when the corner lot has a 50 foot frontage on one street and 150 feet on sides, and that a 50% reduction is usual for side streets. He stated that there are some 136 corner lots in Hillcrest and that approximately one-half of these are on residential properties. He stated that it would be his recommendation that a 50 percent reduction be allowed on the side street of corner lots with single family dwellings. Mr. Harold A. Carr, the City's expert witness, testified as to his background and experience which he felt qualified him as a real estate appraiser. He described the Hillcrest area as one of the older subdivisions with some very beautiful homes and some low cost homes; that the Tots were beautiful with natural level topography and an abundance of large trees; that some of the streets were the country -type with aboveground drainage facilities and that most of the streets were in a deteriorated condition. He stated that he had personally viewed and understood the specifications and nature of the proposed improvements; that he had studied the preliminary assessment roll and each of the properties to be assessed, and that in his opinion, each of the properties so assessed on the project would be enhanced in value at least to the extend of the assessments, with minor corrections of mathematical errors or changes in driveway specifications of individual owners. • • Minutes Special Council Meeting August 19, 1971 Page 4 Persons in the audience were invited to question Mr. Lontos relative to the general nature of the specifications and calculation of assessments of the overall project, and to question Mr. Carr as to evaluation and appraisal methods for assessment purposes. Approximately 200 persons were present at the hearing, and of that number 35 or 40 verbally raised the following questions: what safety measures would be taken to protect the residents from the oil tanks located off Nueces Street and West Broadway; will the area occupied by Southwestern Oil Company recently rezoned, be actually used for parking; on what basis or method were the appraisals made; will the ad valorem taxes on property be increased as a result of the improvements, and by whom were the expert witnesses chosen for this hearing; when were bond funds voted for this project and what amount of these funds are being expended on this project; what steps will be taken to alleviate inconvenience to the residents during construction; what additional cost will be involved for special construction of driveways; what streets will be completely reconstructed and which streets are to be rehabili- tated; size and location of storm sewers; method of payments and the meaning and implication of the mechanic's liens; what would be the result if the property owner arbitrarily, or for any other reason, failed to pay for the assessments; why the City is charging 6-1/2 percent interest on deferred payments and who would benefit by this interest; questioned the 6-1/2 percent interest charge since the program was primarily for the benefit of the residents; why are some residents being charged for street improvements when they had already participated in street improve- ments when the subdivision was developed; how many contractors bid on the project; questioned the logic of assessing any person who is retired and on pension benefits; questioned the reasoning For the project at all, and allegations that the residents of this area had been promised the improvements free of any costs to the property owners. All of the foregoing questions •raised by members of the audience were answered by the Staff member particularly concerned with the specific subject, and in most instances the response was fundamental and in accordance with the established guidelines and legal actions as applied to street improvement and assessment procedures. Those Staff members responding to the questions were City Attorney Jim Riggs, Neighborhood Improvement Director Ron Stubing, City Manager Townsend, Director of Engineering Services Jim Lontos, and Mr. Harold Carr. III Minutes Special Council Meeting August 19, 1971 Page 5 • Mr. William Shireman, Executive Director of the Legal Aid Society, inquired if it would be possible for the City to make an exception in this project and allow assessments to be included in 3-1/2% loans. Mr. Townsend stated this had been checked into and that under the provisions of the Code Enforcement Program, could not be legally done. Mayor Sizemore stated the City Manager would call the names of those property owners as listed on the assessment roll, for comments, objections or questions relative to the specific properties. The following persons appeared: Mrs. Josephine Busker, 5027 Hake!, owner of property on Palm Drive, inquired as to how she could pay for the assessment, stating that she already has paid $3,000 for concrete around her property, and considers her taxes excessive. Mr. Bartola Pena, 1302 Floral, stated he does not see a need for sidewalks on the side street. City Manager Townsend stated this is one of the instances on which he would recommend a 50% reduction. Mrs. Norma Taylor, 2001 Palm Drive, inquired as to the location of the sidewalks on Noakes Street, and the displacement of existing trees, whether or not they would be next to the curb or a five foot easement between. Mr. Lontos stated the sidewalks would be next to the curb. Mr. Chester A. Smith, 3032 Hulbirt, stated he felt the assessments to be excessive for the overall project. Mr. Frank Rivas, Box 8592, Houston, Texas, questioned the assessment rate on the side of his property based on the size of the lot. Mrs. E. L. Horne, 2815 Hulbirt, stated she did not receive a notice of the hearing, and opposed the amount of the assessments. Mr. Floyd Williams, 2509 Hulbirt, inquired if the sewer lines would be installed in Hulbirt Street. Mrs. R. C. Mayfield, 2818 Hulbirt, stated she was concerned about the destruction of her trees and the location of the sidewalks on Hulbirt Street. Minutes Special Council Meeting August 19, 1971 Page 6 Mr. S. M. Cowling, P. 0. Box 410, asked for clarification of the City Manager's recommendation that a 50% reduction be allowed on corner lots as distinguished from community property and business properly; also asked if there should be a reduction on Nueces Street on the basis that it is a thoroughfare. Mr. Cowling opposed the assessments. Mrs. Thelma Collier, Item #355A, Peabody Avenue, objected to the amount of the assessment for sidewalks on her property. Mr. Clarence Hall, 3005 John Street, inquired as to cost of the driveway if he should decide to have it relocated. He was advised to consult with the Engineering Staff. Mr. J. H. Ricketson, 3017 Summers, questioned the need for sidewalks between Nueces and Floral, stating that several houses have been torn down and that there are several vacant lots. Mrs. Evelyn Dennis, 1720 Palm Drive, inquired as to the extend of improvements on Nueces Bay Boulevard. She was advised that no improvements are planned for Nueces Bay Boulevard. Mr. P. J. Gordon, stated this property is in his mother's name who is 83 years old and on Social Security. He asked if the City could legally foreclose on homestead property. Mr. Lonnie King, 1510 Ramirez, asked for distinction between a mechanic's lien and a mortgage; if there would be an increase in taxes as a result of the improvements; and what -would be the result if the property owner refused to pay for the assessments. It was explained that the City would have the right to take legal action to collect if the assessments were not paid by the property owner. Mrs. Marian Dodson, 1702 Palm Drive, inquired as to whether or not the streets would be widened and if they would be required to give right of way. Mr. Lontos explained that most of the streets will be widened, but that no property will be taken from the property owner. Mt. David H. Moore, 1212 Stillman, inquired as.to the type of paving and whether or not the concrete will be reinforced. Mrs. Roy Bohman, 2100 Van Loan, was concerned as to how elderly people who are on relief are going to pay for the assessments. City Manager Townsend stated that since he has been associated with this City, he has not krnvnof.an instancewhen the City foreclosed. °Minutes Special Council Meeting August 19, 1971 Page 7 or r-. • on the property of an elderly person on relief. Mrs. Bohman also stated it would be impossible for sidewalks to be installed in front of her house without disturbing her trees. Mrs. Hermina Salinas, 957 Lexington Avenue, inquired if her corner lot would be included in the ones recommended for 50% reduction. She was advised to consult with the Engineering Department. Mr. W. J. Holder, 2046 Peabody, asked Mr. Carr to estimate how many homes had been built in the Hillcrest area in the last ten years; how many vacant lots exist in the area at the present time; and how many homes are less than ten years old. Mr. Carr stated that there are some new homes, some being reconstructed, and that there is an obvious upgrading of the neighborhood. He stated he would not attempt to estimate the number of homes built in the last ten years, or the number of vacant lots existing at the present. Mr. W. R. Hicks, 2129 Stillman, asked if the taxes would be increased after the improve- ments. City Manager Townsend explained that naturally the more a piece of property is worth the more it will be taxed, but explained that taxation is a matter for the Tax Department. Mrs. Sue Douglas, 2115-1/4 Peabody, objected to the assessment and taxation of her property. It was explained that the assessments have nothing to do with the taxing of property. Mr. R. D. Campbell, 1422 Palm Drive, was concerned as to the type of paving to be constructed on Palm Drive, and stated there appeared to be an error on the amount of his assessment. Mr. John M. Green, 1201 Palm Drive, stated he felt he should have credit for existing sidewalks in front of his property. A lengthy period of questions and answers between the Staff and property owners followed during which time a number of unidentified persons raised miscellaneous questions pertaining to their individual properties. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that the matter of paving assess- ments for the Hillcrest Area Neighborhood Improvement Program be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m.