HomeMy WebLinkAboutMinutes City Council - 09/20/1978 - SpecialPRESENT:
Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz
Ruth Gill
Tony Juarez, Jr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
ZAVALA ELEMENTARY SCHOOL
SEPTEMBER 20, 1978
7:00 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock .
Acting City Secretary Dorothy Zahn'',
Mayor Gabe Lozano, Sr. called the meeting to order at Zavala Elementary
School and stated that the purpose of the meeting was to conduct a public hearing
on the preliminary assessment roll for street improvements in the Ella Barnes Area
Unit 1A.
It was noted that the necessary quorum was present to conduct a legally
constituted meeting.
City Manager R. Marvin Townsend explained that the public hearing on
paving assessments is required by law to obtain the property owners' comments
pertaining to the assessments on the street improvement project. Mr. Townsend
stated that the planned street improvement project is the result of voluntary
paving petitions that have been filed on each of the various streets included in
the project and funds for this project were approved as part of the 1977 Loud
Election and Community Development Program. City Manager Townsend then asked
City Attorney J. Bruce Aycock to preside in establishing testimony in connection
with the project.
City Attorney Aycock stated that this hearing is required by State law
covering paving assessments and that basically, the law is that before any assessments
can be placed, the engineers must make certain studies and estimated costs so that
the amount of assessment for each property owner shall not exceed the value of the
enhancement received from the improvements. Mr. Aycock called as his first witness
Mr. Gerald Smith, P.E., Chief Engineer in the Department of Engineering and Physical
Development, City of Corpus Christi, Texas.
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City Attorney Aycock ascertained that Mr. Smith is a qualified Registered
Engineer in the State of Texas and that he is familiar with the proposed project.
Mr. Smith proceeded to explain the Zavala School area street improvement
project, stating that this is a neighborhood street improvement project. Mr. Smith
displayed a map of the area involved which include improvements to the following
streets:
1. Chippewa Street from Duncan Avenue to Francesca Street;
2. Coleman and Morris Streets from Duncan Avenue to Harmon Street;
3. Dolores Avenue and Harmon Street from Ruth Street to Agnes Street;
4. Duncan Avenue from Highland Avenue to Agnes Street;
5. Marguerite Street from Duncan Avenue to South Port Avenue;
6. Mary Street from Francesca Street to South Port Avenue;
7. Ruth Street from Francesca Street to Highland Avenue;
8. Sunrise Avenue from Duncan Avenue to Ruth Street.
Mr. Smith further explained that voluntary paving petitions have been received
on all of the streets; funds were included in the 1977 Bond Program and through
Community Development funds; bids on the project were received on August 9, 1978;
and the plans and specifications were prepared by the Department of Engineering and
Physical Development.
Mr. Smith informed the Council and the audience that the streets shall be
constructed by excavation to a width and depth to permit the laying of a standard
curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 11"
Type "D" Hot -Mix Asphaltic pavement, and that the streets will vary in width from 28'
to 38' depending on right-of-way and street usage. Mr. Smith mentioned that in this
case, Ruth Street will be the only street to be 38' wide. He also stated there will
be 4' wide reinforced sidewalks and 6" reinforced driveways as shown on the construction
plans or where requested by the property owner.
Mr. Smith further added that the amount of assessments has been computed
according to the City ordinance pertaining to the levying of assessments and that
the maximum charge for residential property was computed at a rate of $4.75 per linear
foot for curb, gutter and pavement, and $.75 per square foot for sidewalks.
Chief Engineer Smith informed the audience that the low bidder on the
project was Isles Construction Company, Inc. in the amount of $733,370.10. Mr. Smith
stated that the contract provides for the project to be completed within 175 working
days or approximately 81 months and that it is staged so that not too many streetd
will be under construction at the same time. Mr. Smith further explained that there
are a few fences which will have to be reset at no expense to the property owner
and assured them that every extra precaution will be taken to save as many trees as
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they possibly can. Mr. Smith stated that the project contains 366 items, some of
which are corner lots, and that the City's total value of assessment roll is
$306,438.74.
Mayor Gabe Lozano briefly explained in Spanish Mr. Smith's presentation of
the project and stated that if anyone from the audience did not understand any part
of this project to please address themselves to either Council Members Diaz, Juarez,
Sample or himself and they would be more than happy to answer any of their questions
in Spanish.
Mr. Frank Medina, 3001 Highland, stated he owns property on Duncan Street;
that he understands everything about the project; that he is not here to complain
about the price; but that he is concerned in that streets such as Hiawatha, Havana,
Virginia, Pueblo, Duncan and Chippewa had been recently improved and that every one
of these streets are already in bad need of repair. Mr. Medina questioned the type
of base design used on these streets and urged the Council's consideration on some
other type material on the proposed street improvements.
Chief Engineer Smith informed Mr. Medina that these streets were included
in the Austin School Unit lit project and that a different base design had been used
which was not as effective as the material normally used. Mr. Smith informed
Mr. Medina that the Street Division has started working on some of these streets.
City Manager Townsend confirmed Mr. Smith's statement, adding that the
City realized that it was a mistake to use the different base on those streets and
assured Mr. Medina that these streets in this area will be constructed with material
previously used.
City Attorney Aycock called as his next witness, Mr. W. J. (Bill) Holly, Jr.,
a licensed Real Estate Broker in the State of Texas, and ascertained that Mr. Holly
is familiar with the area and had examined each and every piece of property to be
assessed in connection with this street project.
Mr. Holly testified that it is usually his unreserved opinion that resi-
dential property being assessed at a residential rate, will be enhanced in value in
an amount equal to at least the value of the street improvements being made; however,
in an area such as Ella Barnes Area -1A, it is his opinion that many residential (only)
properties (due to the higher assessed rates) may not be enhanced enough in value to
offset the costs of the improvements, particularly where so many 25' lots are included.
Mr. Holly further stated that he feels that a 25' lot, due to its limited useability,
probably would not justify the advanced rate of assessment.
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Mr. Holly mentioned that there are twenty-nine (29) businesses, business
structures, and apartment -zoned pieces of property on which the assessments may be
higher than the residential rate.
Mayor Gabe Lozano asked Chief Engineer Smith to please point out these 29
lots on the map. He then inquired that if residences are located on these lots why
should they be charged for business assessments.
City Manager Townsend recommended that this matter be studied by the Planning
Department and the necessary rezoning hearings be held. In this manner, the assess-
ments may be reduced to residential rates, providing that the owners agree to have
these properties rezoned. He suggested that a pad be passed around so that the
property owners may write their name and address if he or she wishes to have their
property rezoned to "R -1B".
Mr. Leon Brand, representing Role Real Estate, inquired that if he owns
property that is zoned "A-2" on which he plans to construct apartments, would he be
forced to rezone his property to "R -1B".
Mayor Lozano informed Mr. Brand that any rezoning would have to be with the
property owner's consent.
City Manager Townsend remarked that the list that is being signed is just
for anyone who wishes to have his property zoning changed. Mr. Townsend stated that
a zoning hearing on the entire area will be held at which time the property owners will
be allowed to speak and express their objection to the change of zoning to residential.
Mayor Lozano briefly translated in Spanish Mr. Townsend's statement and
added that the purpose of changing the zoning is the difference in rates to allow
the property owners to take advantage of the lower assessment rates. He further
urged people wishing to rezone their property to please sign the pad that is being
passed around and assured them that notices will be mailed advising them when the
hearing will be held.
Chief Engineer Smith gave a brief explanation of the savings to be realized
in rezoning a 25' lot from "A-1" to "R -1B" which would be approximately $129.00.
An unidentified lady from the audience inquired if the utility lines in
the alleys to be closed would be relocated.
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Chief Engineer Smith showed a slide of the alleys to be closed stating that
the utility lines are located in the alley at the present time; new utility lines
have been installed; and meters will be placed in front of the property on the request
of the property owner. He added that if the existing water line is satisfactory, it
will not be moved, but if the condition of the water line warrants the relocation of
the line to the street, the City will accomplish this with no charge to the property
owner. He did state, however, that the cost for the line between the meter and the
house is ordinarily charged to the property owner.
City Manager Townsend explained that in this case, the City is attempting
to devise a plan whereby the City will assume the cost for installing the line between
the meter and the house, but it has not been worked out as yet.
Chief Engineer Smith stated that the alleys are not physically open but that
the meter reader still has access to the alley in order to read the meter.
City Manager Townsend further explained that right now, anyone could walk
down that alley without violating the law, but technically, if the alley is closed,
there will be an easement for utility lines retained. City Manager Townsend stated
that the staff is recommending the closing of the four alleys in Blocks 9, 10, 11 and
12, Steele Addition (Duncan to Harmon) and in Block 8, Steele Addition (Harmon to
Port) in connection with the street improvements in Ella Barnes Area Unit 1A. He
asked that Chief Engineer Smith explain further the proposed alley closings.
Chief Engineer Smith referred to a map of the area involved stating that
the alleys run between Duncan to Harmon and Harmon to Port; that these alleys have
not been used as public alleys per se; there are very few utilities in the alleys;
that the staff feels that the neighborhood would be improved if the alleys are closed;
that the water lines located in the alley will eventually be closed; and that the
easements will be retained until the water lines are abandoned.
Mayor Gabe Lozano briefly explained in Spanish about the alley closings,
further adding that if the closings are approved, 5' will be awarded to the abutting
property owners on each side of the alley but that at all times, the City requires
accessability to the alley for the checking or repairing of the utility lines.
A lady from the audience inquired if abutting property owners would be provided
with written verification that they would be awarded 5' of the alley that is closed.
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City Manager Townsend assured her that a certified copy of the ordinance
closing said alleys would be provided by the City Secretary's Office for anyone
requesting copies.
A gentleman in the audience inquired about how the trees can be saved.
Chief Engineer Smith introduced Mr. Victor Medina, P.E., Construction
Engineer, who will be on the construction site and will be available to discuss this
matter.
City Manager Townsend explained that as a matter of policy, the City will
save as many trees as they can but that unfortunately, some of the construction will
not allow it; however, he assured the property owners that every effort will be made
to save the trees.
Mr. Leon Brand spoke again and stated that he has two pieces of property
on which rent houses are located; the rent received is only $600 per month; he is
being assessed $10,000 total on this property; and it will not be profitable for him
to retain the property if he has to pay such high assessments.
City Manager Townsend replied that zoning will not be changed on property
on which the correct use exists and that the City plans to change the zoning on
property that contains single family residences which is zoned business or for
apartment use only.
Mr. Brand expressed his objection to the assessments proposed to be levied,
stating that he did not believe that the street improvements would enhance his property
in the amount of the assessments.
An unidentified gentleman referred to an article in the Corpus Christi
Caller -Times which indicated that the City will receive 3.2 million dollars in
Community Development funds and asked why this could not be used for street improve-
ments since it is specified that it must be used in the west side.
City Manager Townsend explained that the portion of the cost not paid by
assessments will be partially funded with Community Development funds and partly
with 1977 bond funds.
Council Member Bob Gulley pointed out that the paving would cost each
homeowner a lot more than the amount charged here if the City did not use Community
Development funds.
The unidentified gentleman spoke again inquiring why assessments could not
be paid out of the Community Development funds.
Mr. Victor Medina, P.E., Construction Engineer, explained that Community
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September 20, 1978
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Development funds must be used on the total contract price less the preliminary
assessment, adding that the rest will be utilized in other parts of the community.
An unidentified lady asked that if she lives on one property but owns
another property could she rezone it too.
City Manager Townsend responded that as long as it is a single family dwelling
it could be rezoned.
Another lady asked how the property owners are to be billed.
Mayor Gabe Lozano explained that the City's representative will call on
each property owner to arrange the most convenient method of billing the assessments.
City Manager Townsend assured the property owners that payments on the
assessments will not be due until the project is completed, which will be at least
eight (8) months.
City Attorney Aycock again questioned Mr. Bill Holly and referred to his
testimony earlier in the meeting at which time he stated that on the 25' lots he
did not think that it would be fair to assess them at the higher rate.
Mr. Bill Holly agreed that if those lots were changed to single family
residential zoning, the benefits received from the improvements would enhance the
property at least in the amount of the assessment providing the property is improved.
Mr. Holly also agreed that paving, curbs, gutters and sidewalks would improve the
lots.
City Manager stated that members of the staff will remain on the premises
to answer any questions that property owners in the audience might have.
At this time, Chief Engineer Smith introduced members of the Engineering
staff who will be working on the project.
Council Member Ruth Gill inquired what the City's share of the project
cost would be if at least one-half of the property owners agree to rezone their property
to "R -1B" which would subsequently reduce the amount of the assessments.
City Manager Townsend responded that it will be substantially more.
Chief Engineer Smith stated that he did not have the amount of increase
available, but it would be approximately an additional $30,000 that the City will
have to pay, and that amount will probably be funded by Community Development funds.
Mr. Dan Ambriz, a member of the voluntary paving staff, stated that a
property owner in the audience had inquired about a 24' x 70' lot on which a house
was located prior to Hurricane Celia. He stated that she had asked if the City would
allow her to rebuild this house.
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City Manager Townsend stated that this could be worked out with a staff
member.
Council Member Gulley moved that the hearing be closed. It was seconded
by Sample and passed unanimously.
Mayor Lozano thanked the citizens for attending the meeting and suggested
that if they had other questions, they discuss them with Engineering staff members
following the adjournment of the meeting.
There being no further business to come before the Council, on motion by
Sample, seconded by Juarez, and passed unanimously, the Special Council Meeting was
adjourned at 8:25 p.m., September 20, 1978.