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HomeMy WebLinkAboutMinutes City Council - 12/06/1978 - SpecialPRESENT: *Mayor Gabe Lozano, Sr. Council Members: David Diaz Ruth Gill Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING ZAVALA ELEMENTARY SCHOOL December 6, 1978 7:10 P. M. • City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Council Member David Diaz called the meeting to order at Zavala Elementary School at 7:10 p.m. in the temporary absence of Mayor Gabe Lozano, Sr. and st.'ed that the purpose of the meeting was to conduct a public hearing on the assessments for street improvements in the Ella Barnes Area Unit II, Phases A and B, project. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. *Mayor Lozano arrived at the meeting at 7:12 p.m. City Manager R. Marvin Townsend stated that the purpose of this meeting was to conduct the public hearing on the proposed assessments and also the continuation of the Regular Council Meeting which was recessed at 5:47 p.m. Mr. Townsend explained that this street improvement project was the result of voluntary paving petitions that had been presented to the City by residents of the area. City Manager Townsend called on the Assistant City Attorney Bob Coffin to preside in establishing testimony in connection with the preliminary assessment roll, stating that Mr. Gerald Smith, P. E., Chief Engineer for the Department of Engineering and Physical Development, and Mr. W. J. Holly, Real Estate Appraiser, will offer testimony. Assistant City Attorney Coffin stated that this hearing is required by State law pertaining to paving assessments, and the procedure to be followed is to present testimony before the Council, acting as the legislative body of the City, so that they may reach a decision as to the validity of the preliminary assessments associated with this street improvement project. Mr. Coffin called 000,0 Minutes Special Council Meeting December 6, 1978 Page 2 as his first witness Mr. Gerald Smith, P.E., Chief Engineer for the City of Corpus Christi. Assistant City Attorney Coffin ascertained that Mr. Smith is a qualified Registered Engineer in the State of Texas, is employed in the Department of Engineering and Physical Development, and that he is familiar with the street improvement project under discussion. Mr. Smith testified that he had super- vised the preparation of the preliminary assessment roll for the project. Chief Engineer Smith then proceeded to explain the street improvement project which included the following streets in the Ella Barnes Area Unit II: Phase A 1. Bruce Street from Hibiscus Street to Elgin Street; 2. Buford Street from Port Avenue to Highland Avenue; 3. Elgin Street from Buford Street to Morgan Street; 4. Hibiscus Street from Highland Avenue to Bruce Street; and 5. Sabinas and Verbena Streets from Highland Avenue to Morgan Street. Phase B 1. Agarito Street from Elgin Street to Baldwin Boulevard; 2. Bright Street and Verbena Street from Reyna Street to Morgan Street; 3. Elgin and Sabinas Streets from Morgan Street to Baldwin Boulevard; and 4. Reyna Street from Greenwood Drive to H.E.B. Shopping Center. Mr. Smith explained that five contractors had submitted bids on this pro- ject, and the low bid was submitted by Isles Construction Company in the amount of $620,586.45. He then explained the scope of the project, stating that 28' wide streets would be constructed; curbs, gutters and sidewalks will be installed on both sides of the streets; new storm sewers will be constructed as a part of the contract; and the construction will require 160 working days, or approximately 8 months. Chief Engineer Smith continued his presentation by stating that the assessment roll was compiled according to the terms of the assessment ordinance, and the following rates have been established: 4" Curb, Gutter & Pavement 6" Curb, Gutter & Pavement Sidewalk Driveway $9.37 per linear foot 9.85 per linear foot 1.17 per square foot 2.50 per square foot Mr. Smith explained that the maximum charge for one and two family resi- dences, churchesand schools will be $4.75 per linear foot for curb, gutter and pavement, and $.75 per square foot for sidewalk. Minutes Special Council Meeting December 6, 1978 Page 3 Mr. Smith further explained that variations in width or elimination of driveways would be possible, but any property owners who desire to make such changes should discuss this with personnel in the Engineering Department. An unidentified gentleman in the audience inquired if the rate of assess- ments is the same for all property owners, and Mr. Smith replied that a maximum of $9.37 per linear foot would be charged for property zoned for business or apartments, but the charge for curb, gutter and pavement for property zoned for residential use , would be $4.75 per linear foot. The same gentleman stated that h -; property is zoned for business, and he understood that the charge for his assessments for curb, gutter and pavement would be $9.37 per linear foot. He also asked if it would be possible to have additional driveways constructed at his place of business. Mr. Smith assured him that the City could make such arrangements if he requested additional driveways. The same gentleman inquired if there would be a problem with access to his place of business during construction, and Mr. Smith informed him that the contractor is required to provide access to places of business at all times. Mr. Smith did point out that there might be a problem during inclement weather; however, the con- tractor will have oyster shell available to place on the streets to provide access during rainy weather. Chief Engineer Smith continued his presentation by stating that the prelim- inary assessment roll contains 284 items and totals $233,974.29. He assured those present that any trees that are presently located in the right-of-way will be saved if possible. Mr. Smith then introduced the following members of the Engineering staff who will be working with the property owners in connection with this project: Mr. Marion Brown, Voluntary Paving Coordinator, and from his division, Mr. Dan Ambriz, Mr. Harry Maxim, and Mr. Erasmo Garza. Mr. Smith assured the members of the audience that payment of the assessments would not be due until the project is completed; payments may be made in cash; the property owner will be allowed to make 60 payments for the total amount at an inter- est rate of 54%; or if there is an extreme hardship, payments may be extended for a 10 - year period. Chief Engineer Smith concluded his testimony after introducing Mr. Victor Medina, P.E., the City's engineer in charge of the construction of the street improvements. Minutes Special Council Meeting December 6, 1978 Page 4 Assistant City Attorney Coffin called as his next witness, Mr. W. J. (Bill) Holly, a licensed Real Estate Broker in the State of Texas. Mr. Coffin ascertained that Mr. Holly has been performing appraisals for the City of Corpus Christi for the past three years; that he is familiar with this area; and that he has examined each and every parcel of land included in the preliminary assessment roll. Mr. Holly testified that in his opinion, each and every parcel of land, with the exception of eight odd -shaped or triangular lots, would be enhanced in value at least in the amount of the proposed assessment to be 1ev;d against the property. Mr. Holly stated that it is his recommendation that the assessments on the following item numbers be reduced because they contain odd -shaped lots: 1, -ms 18, 19, 20, 21, 111, 164, 169 and 200. Mr. Holly also noted that a number of lots that are zoned for business have residences located on them, and on these lots, he would like to recommend a reduction in the assessments from the business rate to a residential rate, provided the property is rezoned to reflect the actual use. City Manager Townsend agreed that this would be done if the property owners desired to have their property rezoned in order to obtain a reduction in their assessment rates. He assured the property owners that the City would initiate the proceedings to have their property rezoned to residential, at no cost to the owner, if they would sign the pad being circulated for this purpose. Mayor Lozano invited questions from members of the audience in regard to their proposed assessments. An unidentified gentleman in the audience inquired if he agreed to have his property rezoned to "R -1B", would it be possible to have the same property zoned for business at a later date. City Manager Townsend explained that this Council cannot assure him that this could be done, because there is the possibility that other property owners in the affected area would object to such zoning in the future. He suggested that if there was any question as to tFe desirability of changing the zoning to "R -1B", that the property not be rezoned. Another gentleman in the audience asked if it would be possible for a property owner to install his own driveway and sidewalk, thus effecting a savings. Fil nu ttS Special Council Meeting December 6, 1978 Page 5 City Manager Townsend informed the gentleman that the actual, cost of con- structing the proposed sidewalks is $1.17 per square foot; the property owner will only be assessed $.75 per square foot; therefore, he did not feel that any savings could be realized even if the individual property owners were allowed to construct their own improvements. In reply to another question from a member of the audience in regard to property that is zoned for business but actually has only a residence located on it, City Manager Townsend reiterated that if the property owners acrped, their zoning could be changed to "R-18," in which case, their assessments woulu be reduced to the residential rate. He again urged those who desired to do this L.: sign the pad that was currently being passed through the audience. An unidentified lady in the audience inquired if her taxes would be increased following the completion of the street and sidewalk improvements, and City Manager Townsend assured her that the only criteria for increased taxes is the higher value of residences which is created by increased sales prices of simi- lar property in the neighborhood. Mrs. Rosa Gonzales inquired about the procedure followed by the City in assessing corner lots on which street improvements are made. Chief Engineer Smith explained that if the corner lot is zoned for business, then the property owner would be assessed the full business rate for both sides of the property, but if the property is zoned residential, the property owner would pay the residential assessment rate on the portion of the lot facing a street being improved, but only one-half of the usual assessment rate for the portion of the lot that sides on a street being improved. Mrs. Gonzales then asked for an explanation of the financing of the project. City Manager Townsend replied that the project will be funded through funds from the Community Development Program, bonds that were approved in the 1977 Bond Election, and funds from paving assessments. There were no further comments in regard to this project. Motion by Juarez that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample. Seconded by Diaz, and passed unanimously that the Special Council Meeting and the recessed Regular Council Meeting of December 6 be adjourned at 8:10 p.m. December 6, 1978.