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HomeMy WebLinkAboutMinutes City Council - 01/07/1981 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JANUARY 7, 1981 ANNAVILLE ELEMENTARY SCHOOL 7:00 P. M. • PRESENT: ' ** Mayor Luther Jones Council Members: Dr. Jack Best David Diaz Jack Dumphy Betty N. Turner ABSENT: Mayor Pro Tem Edward L. Sample Council Member Cliff Zarsky City Manager R. Marvin Townsend Asst. City Attorney Jim Holtz * City Secretary Bill G. Read Council Member David Diaz called the meeting to order in the temporary absence of Mayor Luther Jones and explained to the audience that the purpose of the public hearing was to consider the preliminary assessments in connection with the Street Improvements for Timbergrove Lane. Council Member Jack Dumphy explained that the Council was obligated to attend another meeting at 7:30 p.m. and planned to recess this hearing until the Regular Council Meeting to be conducted on January 14,41981, at 3:00 p.m. City Manager R. Marvin Townsend stated that the Council planned to hear testimony from all property owners who would be unable to attend the recessed hearing on January 14. Mr. James K. Lontos, Director of Engineering and Physical Development, asked Mr. Gerald Smith, Chief Engineer, to briefly describe the street improvement project. Chief Engineer Smith briefly explained the planned project, stating that Timbergrove Lane, from Violet Road to Jackson Woods, Unit I, Subdivision will 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 12" Type "D" hot asphaltic pavement; the street will be 28' wide within the existing right-of-way; the project will include 4' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced driveways as shown on the plans or where requested by owners. *City Secretary Bill G. Read arrived at the meeting at 7:10 p.m. jugmLNIED SEP 1 9 1984 Minutes Special Council Meeting January 7, 1981 Page 2 Mr. Smith continued his presentation by explaining that the assessment rates have been calculated in accordance with the lastest paving assessment policy adopted by the City, and based on this policy and the low bid of $206,998 submitted by 8 E Construction Company, the following assessment rates have been set: , 6" Curb, Gutter and Pavement - $11.38 per linear foot; Sidewalks - $1.00 per square foot; and driveways - $2.86 per square foot. He stated that the rates for residen- tial property, churches and schools has been set as follows: curb, gutter and pavement - $4.75 per linear foot; sidewalks - $.75 per square foot; and driveways - $2.86 per square foot. Mr. Smith informed the Council that the preliminary assess- ments will total $52,955.15, with the City's portion to be $154,042.85. (A copy of Mr. Gerald Smith's qualifications to testify during this hearing is on file in the Office of the City Secretary.) City Manager Townsend suggested that the City's independent appraiser, Mr. William J. Holly, whose qualifications to testify are also on file in the Office of the City Secretary, provide a brief report of his appraisal. Mr. Holly testified that he had examined each and every piece of property included on the assessment roll and had ascertained that the project included 16 odd -shaped properties whose front dimensions exceed the rear dimensions, and, in his opinion, the assessments on these properties should be reduced somewhat for a total reduction for the 16 properties of $937.39. Mr. Holly stated that those properties were listed as Items No. 1, 7, 10, 11, 19, 20, 21, 22, 31, 32, 33, 34, 41, 45, 46, and 47. Council Member Diaz invited members of the audience who wished to comment at this time. An unidentified lady in the audience inquired as to the length of time that would be allowed for payment of the assessments. Chief Engineer Smith replied that payment is not due until after the project is completed; the property owners will be billed after that; the contractor has 65 working days, or three months, for completion of the project; the assessment may be paid in cash or it may be paid in equal installments over a period of 5 years or 10 years in hardship cases at an interest rate of 61/2%. Minutes Special Council Meeting January 7, 1981 Page 3 Mr. Marion Brown, Paving Coordinator, stated that the average monthly cost on five-year payments would be about $23. City Manager Townsend assured the members of the audience that Engineering staff members will be able to stay late to discuss mechanical questions with the property owners about their individual properties. **Mayor Luther Jones arrived at the meeting at 7:17 p.m. and introduced him- self and the Council Members present to members of the audience. He reiterated that although the Council had another meeting to attend, they would like to hear comments from members of the audience who would be unable to attend the meeting next week. He then called for comments from the audience. Mrs. Judy Dreyer, 11118 Forest Hill Lane, expressed the opinion that at the time of her previous appearance before the Council, it was her understanding that there was the possibility that Forest Hill Lane would be included in this project if funds could be found, and they have just become aware that it is not to be included. 1 Mr. Smith stated that the Engineering Department does have a qualified peti- tion from residents of that street; there is a petition being circulated for street improvements on Birdwell Lane; but the staff, for funding reasons, is recommending that all petition streets included in the 1977 bond program be completed before later petitioned streets, such as Forest Hills Lane, are constructed. City Manager Townsend explained that the petition for Forest Hill Lane was received by the City after the 1977 Bond Election. He reminded the Council that he had pointed out to the Council that if the staff had attempted to include this street in this project, it would have been necessary to reject the bids on Timbergrove Lane, which would have meant a delay of several months. He assured Mrs. Dreyer that as soon as funds are available for improvements to Forest Hill Lane, the City will reconstruct this street. Council Member Diaz recalled that the staff had indicated that they would check to ascertain the amount of interest from assessment payments that might be available for further street reconstruction. City Manager Townsend explained that even this process would delay the Timbergrove Lane project. - rinutes Special Council Meeting January 7, 1981 Page 4 Also urging that Forest Hill Lane be included in the project was Mr. Kenneth Smith. Chief Engineer Smith stated that the petition on Timbergrove Lane and many other streets were completed and received by his office before the 1977 bond election and they were therefore included in the bond election; some of those streets have not yet been completed; and the petition on Forest Hill Lane was not received until May, 1978. He reiterated that there is a petition out on Birdwell Lane and the staff attempted to combine all three streets in the project, but only 43% of the residents of the subdivision in which the three streets are located had signed petitions, and this did not qualify the subdivision. City Manager Townsend stated that there is a problem in including Forest Hill Lane because of the timing, noting that the street could not be added as a , change order because the cost would be more than 25% of the total project cost and could not be added without going out for bids again. Mrs. Mary McKenzie, who stated that she also resides on Forest Hill Lane, expressed the opinion that the street should have been included in this project and inquired as to why the property owners were not notified about the upcoming improvements to Timbergrove Lane. ' Mayor Jones explained again that their petition was received a full year after the one for Timbergrove Lane, and although the Council would like to include their street, they are obligated to improve the streets on which petitions were received earlier and for which funds are available. Also speaking in favor of the Forest Hill Lane improvements was Mrs. Kathryn McLain, who expressed the need especially for sidewalks. Council Member Dumphy explained that he is a businessman and that the Council had attempted to find a method to include Forest Hill Lane but they just could not do it. An unidentified gentleman in the audience asked about heavy trucks trav- eling through the neighborhood, and City Manager Townsend explained that if the trucks are serving the neighborhood, they are allowed to use the streets, but if they are trucks using the street as a through -way, it is possible that this street could be added to the list of streets on which heavy trucks are prohibited. He stated that the staff will investigate this. Minutes Special Council Meeting January 7, 1981 Page 5 An unidentified lady asked about the branch library that was supposed to have been constructed in the Calallen area. Mayor Jones explained that the City had been severely hampered in many projects due to the passage of Proposition 14 which limited the City taxes and pointed out that this proposition had passed in the Calallen-Annaville area by a wide margin. He stated that the City has purchased the lot on which the library is to be located, butbecause of the effects of the passage of Proposition 14, the bonds for this library have not been sold. City Manager Townsend also pointed out that even if the library was con- structed, because of the budget reduction necessitated by the tax limitation, there are no funds for operating costs or staff. Mayor Jones pointed out that the Council has heard from many citizens in the area who want to decrease taxes, and if some of the citizens of this area prefer some of the amenities instead of tax decreases, suggested that they appear before the Council to inform them of this. He concluded his remarks by speculat- ing that if Proposition 14 had not passed, the library would probably be under construction by now. No one else spoke during the public hearing. Motion by Diaz that the hearing be recessed until Wednesday, January 14, 1981, at 3:00 p.m.; seconded by Dumphy and passed unanimously at 7:36 p.m., January 7, 1981. ********************************** Mayor Jones announced the recessed public hearing on this matter on . January 14, 1981. City Manager Townsend explained that most of the hearing on the preliminary assessments was heard on January 7 and suggested that the Mayor determine if anyone was present to speak on this subject. Mayor Jones ascertained that no one in the audience desired to address the Council in regard to this matter. Mr. James K. Lontos, Director of Engineering and Physical Development, informed the Council that the appraiser, Mr. William J. Holly, is out of the City today. City Manager Townsend reminded the Council that the appraiser testified and the Chief Engineer briefly described the project. m .. ates Special Council Meeting January 7,,1981 Page 6 Mr. Lontos also informed the Council that most of the questions of the property owners were answered before and after the public hearing conducted on January 7. The Council indicated their concurrence that no further testimony was necessary, and City Manager Townsend stated that formal closing of the hearing and award of the construction contract will be on the agenda next week. The public hearing was declared closed at 4:16 p.m. January 14, 1981.