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HomeMy WebLinkAboutMinutes City Council - 02/22/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill *Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 22, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Edward L. Sample. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. City Secretary Read then administered the Oath of Office swearing in the new Council Member, Tony Juarez, Jr. Council Member Juarez assumed his seat at the Council Table and was presented his nameplate by his daughter. Council Member Juarez made his acceptance speech and stated that he was deeply honored by the faith and trust that have been placed in him and promised the Council and the citizens of Corpus Christi to do his best as a member of the Council. Mr. Juarez was then congratulated by all of the Council Members, fol- lowing which, he introduced members of his family who were present in the audience. * * * * * * City Manager Townsend stated that he would like to explain the bid opening scheduled for 2:00 p.m. on the Construction of the Broadway Wastewater System Improvements Stage I. He informed the Council that disagreement has developed in regard to this project within the past few weeks between the City, the Department of Water Resources, and the Department of Labor in regard to the correctness of the wage rates listed as a part of the bidding document. Mr. Townsend stated that a court action has been filed in an appeal by AFL-CIO in regard to the wage rates. He pointed out that in order for the City to effectively award a contract, the SEP 0"A1980 Minutes Regular Council Meeting February 22, 1978 Page 2 Environmental Protection Agency must concur with that award, and will not do so as long as controversy exists; therefore, it is felt that it would be unfair to proceed with the opening of bids at this time, and it is recommended that the bid opening date be postponed until March 29, 1978 at 2:00 p.m. The question arose as to what should be done with the four bids that had been received, and Mr. James K. Lontos, Director of Engineering and Physical Development, suggested that they be returned unopened to the bidders. Mayor Lozano expressed appreciation to the contractors who had submitted bids on this project and invited them to participate in the bid opening on March 29, 1978. Motion by Gulley that the bid opening on the Broadway Wastewater System Improvements Stage I be postponed until March 29; seconded by Holt; and passed unanimously. City Manager Townsend announced the bid opening on the lease of minerals underlying 5 acres on Up River Road near Navigation Boulevard and called on Mr. T. M. Jarvis, Purchasing Agent, to open the bids on this item. Mr. Jarvis opened and read bids from Mr. Welton E. Cox and Dr. Robert H. Balme. Mayor Lozano stated that the bids will be referred to the staff for tabu- lation and recommendation. * * * * * * Mayor Lozano called for appointments to boards and committees. City Manager Townsend reviewed the appointees who were discussed during the morning Workshop Meeting. Mayor Lozano nominated Mrs. June Wilkerson as a member from the general public and Mrs. Joseph (Kathy) Cable as an alternate from the general public to the Bay Drilling Committee. Motion by Sample that the following appointees to various boards and committees be confirmed; seconded by Diaz; and passed unanimously: Minutes Regular Council Meeting February 22, 1978 Page 3 COASTAL BEND COUNCIL OF GOVERNMENTS: Tony Juarez, Jr. Joe Holt COASTAL BEND CONSORTIUM EXECUTIVE COMMITTEE: Tony Juarez, Jr. Joe Holt NUECES COUNTY COMMUNITY ACTION AGENCY: Tom Basile to represent Tony Juarez, Jr. and Joe Holt BAY DRILLING COMMITTEE: Term to Expire: Mrs. June Wilkerson (member from the general public) 12/31/80 Mrs. Joseph (Kathy) Cable (alternate from general public) 12/31/80 SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE: Joe C. Jones 12/26/79 C. C. Sampson 12/26/79 * * * * * City Manager Townsend requested that the Council consider passing the resolution at this time commending Mr. B. P. Ledbetter. Motion by Gill, seconded by 'Sample, and passed unanimously, that the following resolution be approved: RESOLUTION NO. 14184: RESOLUTION COMMENDING MR. B. P. LEDBETTER FOR HIS EXCELLENT, FAITHFUL AND UNTIRING SERVICE TO THE COMMUNITY; EXPRESSING APPRECIATION TO HIM ON BEHALF OF THE CITIZENS OF CORPUS CHRISTI AND CONGRATULATING HIM ON RECEIPT OF DISTINGUISHED ENGINEER OF THE YEAR AWARD;, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." The foregoing resolution was read in its entirety by City Secretary Read, and Mr. Ledbetter expressed his appreciation to the Council for passing the reso- lution. * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on March 15, 1978 on the following zoning applications: (1) Ms. Maria M. Gonzalez: "R-2" to "AB", located on west side of South Staples Street, approximately 500 feet north of Maryland Drive. (2) Text Amendment to Zoning Ordinance amending Article 27r Supplementary Height, Area and Bulk Requirements to clarify side and front yard requirements for corner lots and. where the lots within 200' of the subject lot have front yards less than the minimum required. Minutes Regular Council Meeting February 22, 1978 Page 4 b. Recommendation that bids be received at 11 a.m., Tuesday, March 14, 1978 for the following budgeted equipment: (1) A replacement air compressor for use at the landfills to blow dirt and trash from equipment radiators, motors, and tracks to prevent overheating and engine damage. (2) Three ultra low volume applicators for Vector Control for mosquito control. The applicators will replace 4 dusters. They are more effective and will operate at less cost. c. Recommendation that a contract to repair and rebuild the swing mast boom on one of the City's four brush loaders be awarded to GULF SIDE EQUIPMENT, Inc. Corpus Christi, on the basis of only bid received of $2,585.90. d. Recommendation that Atlantic Richfield Co. be granted permits to drill two wells at regular locations in Nueces Bay. The proposed State Tract A Well #3 will be drilled as a straight hole to a depth of 4200 ft. from a location 3.5 miles west of the north end of the Nueces Bay Causeway and 3 miles north of Navigation Blvd. The proposed Stract Tract 707 Well #14 will be drilled as a straight hole to a depth of 6000 ft. from a location one mile west northwest of the proposed State Tract A #3 well. No exceptions to the Bay Drilling Ordinance are requested. e. Recommendation that a 10' x 133.6' utility easement in Block 1, Lot 4-D, Marks Tract be abandoned at the request of the abutting property owners. All affected departments concur. f. Recommendation that an escrow agreement be approved with the State for improvements to Nueces Bay Boulevard from Interstate Highway 37 to West Broadway and Airport Road from Agnes to Morgan Avenue and $206,300 be appropriated for the City's share. These projects were included in the 1977 bond election and will be funded jointly by the City and State under the Urban System Program. Both projects are scheduled for a March letting. Of the $206,300, $109,000 is for Nueces Bay Boulevard and $97,300 for Airport Road. The estimated costs of the projects are $329,000 and $446,000, respectively. Council Member Diaz inquired about the necessity for the escrow agreement. City Manager Townsend explained that when the Highway Department contem- plates construction of streets, they require that the City place funds in escrow prior to receipt of bids. He further stated that he questions the need for this, but the Highway Department routinely requires this large amount of cash in advance; the City loses approximately two years of interest on the money; and informed the Council that the City and the Texas Municipal League have protested this practice of the State. g. Recommendation that a contract be executed with Hunt Developers, Inc., developer of Rodd Place Subdivision, Unit 1 for one half the cost of street improvements around the dedicated park in the subdivision at the corner of Rodd Field Road and Holly Road and that $9,654.23 be appropriated for the City's share. Minutes Regular Council Meeting February 22, 1978 Page 5 h. Recommendation that a contract be executed with the State Department of Highways and Public Transportation wherein the State will reimburse the City 65% of the local share of the purchase of buses and related equipment under a capital grant from the Urban Mass Transportation Administration approved on November 2, 1977. The total cost is estimated at $385,110. The Federal share is $308,088, the State's $51,000 and the City's $16,022. The grant includes the purchase of 6 transit buses, one bus for the elderly and handicapped, a coin sorter (now out for bids), 7 two—way radios (on order), 7 registering fare boxes (on order), and 16 bus shelters. i. Recommendation that South Texas Pipeline be granted revokable easements for a pipeline across the following tracts: (1) 10' wide easement along Lot 1, Block 7, Highway Village on McKenzie Road. The lot is located between Kingsbury and Mobile Drives. (2) 35' wide easement along the Allison Wastewater Treatment Plant, including area for crossing the Nueces River. The easement use fee will be assessed and collected at the time that final plans for the pipeline are approved. The easements are being requested by Champlin Petroleum Company to allow the construction of a pipeline from their new plant under construction in Clarkwood to Houston. City Manager Townsend displayed a transparency which showed the route of these two lines coming from the plant and stated that the company has applied for a Corps of Engineers permit, which is required, for this pipeline. He stated that the City sees no problems with this item, but the company must file a copy of their, construction plans with the Department of Engineering and Physical Development. Mr. Lontos further explained that the ordinance requires that a fee be charged for a company that crosses any street with such a pipeline; the company contemplates the construction of a 6" pipeline and an 8" pipeline across ditches 10' wide and 35' wide; and the charge has not been computed at this time. Council Member Gulley inquired about the length of time the revocable easement will be granted the company, and City Manager Townsend assured him that the easement is revocable and can be revoked with 30 days notice, but this would not be done unless it was absolutely necessary for a sewer line or drainage line. Mr. Townsend also stated that in this case, the City has no plans for these areas. Council Member Gulley stated that he would like to have a copy of the revocable easement at a later date. j• Recommendation that the Resolution No. 13932 passed September 7, 1977 amending the Master Plan for Storm Drainage be cancelled. The developers of the property east of Everhart and south of Snowgoose Drive have determined that the drainage of the present and future development of the area can best be handled by the facilities proposed in the Master Plan as it existed before the September amendment. Minutes Regular Council Meeting February 22, 1978 Page 6 City Manager Townsend explained that in September, a resolution was passed amending the Master Plan for Storm Drainage at the request of Mr. Harlan Heitkamp and Mr. Gene Urban and Mr. John Tucker and Mr. Henry Tucker. He stated that at that time, the developers did not think that they would be able to obtain easements for the drainage specified in the Master Plan. Mr. Townsend further informed the Council the owners have since that time been able to obtain the right-of-way required, and it is now requested that the original Master Plan be in effect. Council Member Diaz questioned this procedure and stated that the next time the Council is asked to deviate from the Master Plans, they will be hesitant to do so. Mr. Lontos further explained the route of the Master Drainage Plan prior to its amendment and after it was modified in September; stated that since that time the developers feel that the development would be better according to the original Master Plan; they have acquired the necessary easements; they have agreed to turn the easements over to the City; and they will develop the subdivision involved as they planned originally with the drainage to be routed according to the original Master Plan. k. Recommendation that the Compensation Ordinance be amended: (1) To establish the position of Medical Technician, grade 24, to assist the City Physician in performing pre-employment examinations and handling on-the-job injuries. This CETA position is needed because of an increase in CETA examinations. (2) To correct the pay grade of the Assistant Street Superintendent which has been grade 29 since approved by the City Council on August 31, 1977, rather than grade 26 as shown in the ordinance and to correct the pay grade of the Park Maintenance Supervisor from grade 24 to grade 25 to reflect a change approved several years ago and so listed in the 1977-78 Budget. City Manager Townsend explained that these items are just to correct the Compensation Ordinance, and the position of Medical Technician and the changes listed in (2) of Item "k" were previously approved by the Council. 1. Recommendation that a resolution be passed honoring Mr. B. P. Ledbetter, the City Gas Superintendent, for receiving the Engineer of the Year Award from the Texas Society of Professional Engineers. Minutes Regular Council Meeting February 22, 1978 Page 7 m. Recommendation that the rotating wrecker ordinance be amended to increase maximum fees for towing and storage of disabled vehicles in response to requests by the Police Department. Present Rates Proposed Rates 3/4 Ton 3 Ton Normal tow $10 $20 Additional labor $10 Maximum $20 Maximum First hour at the scene $50 Each additional hour at the scene or portion thereof $25 Storage for vehicles with a rated $1 per day incl. $2 per day with capacity of one ton or less the first 24 hrs. no charge for first 24 hours Storage for vehicles with a rated capacity in excess of one ton $1 per day incl. $5 per day with no the first 24 hrs. charge for the first 24 hours. Additional recommended changes include the following: (1) Each auto wrecker company must provide 24 hour service and have at least one telephone number which is answered 24 hours a day, 7 days a week. (2) The minimum public liability and property damage insurance be increased from $10,000/20,000/5,000 to $100,000/300,000/50,000. (3) The auto wrecker must arrive at an accident within a reasonable time after being dispatched not to exceed 30 minutes. (4) The auto wrecker's permit to do business would be revoked if he allows any of his drivers to continue driving a wrecker if they have received_ citations for three moving traffic violations not arising out of the same incident within any 12 month period while driving a wrecker. (5) The auto wrecker's business and storage facility must be located in an area allowed by the Zoning Ordinance and the storage facility must be fenced by a wire or wooden fence at least 6' in height or as required by the Zoning Ordinance, whichever requirements are greater. (6) Each auto wrecker company must attach to the invoice given to the customer a list of maximum allowable rates under the ordinance. The list would be supplied by the City. The rotating wrecker ordinance establishes standards which auto wreckers must meet who wish to be listed on the Police rotation system and respond to the scene of a disabled vehicle upon request by the Police Department. The current maximum fees allowed by the ordinance have been in effect since 1967. City Manager Townsend informed the Council that the recommended increased wrecker fees are not as much as the rates requested by the wrecker companies but instead represent a compromise. City Manager Townsend suggested that the Council consider Items "a" through "m" of the City Manager's Reports and he would provide further explanation on the Minutes Regular Council Meeting February 22, 1978 Page 8 remaining Items "n" through "p" later in the meeting. Mayor Lozano called for discussion from the audience on Items "a" through Mr. Charles Cromwell, Attorney representing the wrecker companies, stated that he would like to address the Council in regard to the proposed amendments to the ordinance on the rotating wrecker standards. He informed the Council that the wrecker owners had requested the increases in the rates; extensive research had been conducted to determine the regulations on such service in a number of other cities; and stated that the proposal presented to the City for a rate increase had been patterned on the ordinance used by the City of Austin. Mr. Cromwell urged that further increases be considered because of the increase in costs that has been experienced by the wrecker companies. Council Member Juarez inquired as to how many companies are in competi- tion to provide the rotating wrecker service and stated that this should have some bearing on the rates charged. Mr. Cromwell stated that he did not have this information, but that he would be glad to obtain it. Council Member Sample indicated that he would not be in favor of increas- ing the rates more than those recommended by the staff. Council Member Holt inquired as to how many companies are now participat- ing in the rotating wrecker service, and Administrative Assistant Tom Basile replied that 16 companies are now performing this service. Mr. Holt pointed out that if 16 companies are participating in the service, they obviously are not losing money in the operation, and he felt that the compromise suggested by the staff should be an ample increase. Mr. Cromwell stated that most of the companies are not primarily involved in just the rotating wrecker service; they just want comparable rates as those charged in other cities; and stated that the companies object to the large amounts of insurance required by the recommended amendments. Also speaking on this item was Mrs. Bernie Bray, representing the Airline Wrecker Service, who pointed out that this is not an 8 to 5 business; the wrecker Minutes Regular Council Meeting February 22, 1978 Page 9 companies must respond to calls in inclement weather at inconvenient hours; they often must retrieve vehicles from the water; and the cost of this type of operation is approximately $75 to $100. Council Member Gill inquired about the cost of such service for an ordi- nary call in a central location, and Mrs. Bray informed her that the normal rate for this is $15. Further discussion followed on this item. Motion by Sample that the City Manager's Reports, Items "a" through "m", be accepted; seconded by Holt; and passed unanimously. City Manager Townsend presented the next item of the City Manager's Report, requesting that Items "n" and "o" be considered later: P. Recommendation that 82 Title VI and 3 Title II CETA positions be approved: Library Park Inspections & Opera- tions Recreation 2 to catalogue the Port of Corpus Christi library books and materials 12 to construct a brick and concrete promenade at Swantner Park 1 to update the City street address map 3 to supplement a neighborhood recreation pilot program at parks and school facilities (Title II) Sixty-seven positions will be with agencies through worksite agreements: Nueces County 2 to serve backlog of outstanding warrants 7 to assist in the jail recreation and education program 1 to transfer records to computer and microfilm 15 for a non-partisan voter registration drive 1 to update financial records 3 to refinish County furniture 1 to update Welfare Division's procedures manual Corpus Christi Housing Authority 26 2 Memorial Medical Center 2 1 2 Coastal Bend Youth City Coastal Bend Council on Alcoholism to provide special facility maintenance to update Housing Projects records to inventory and store records to consolidate maintenance and service contracts for a visitor monitoring program 2 to assist in establishing a youth group home 2 to supplement DWI program The positions are recommended for funding through September 30, 1978. City Manager Townsend presented copies of a memorandum to the Council which explained the above CETA recommendations. Minutes Regular Council Meeting February 22, 1978 Page 10 Mr. Rick Mertz, Administrative Assistant, stated that the staff has reached 87% of their goal of CETA employment; the total number of positions that will be filled is 980; and at any given time it is hoped that 860 positions will be filled, noting that the turnover in this type of employment is very high. He then explained the purpose of the different positions listed in Item "p." City Manager Townsend presented background information on the criteria for the CETA employment. Council Member Gill suggested that the CETA staff consider the formation of a pilot program staffed by CETA employees to serve as liaison between the Council and the Department of Energy. She also suggested that another project that might be considered is annotation of the City Charter in regard to conflicts between the Charter and State law. City Manager Townsend stated that the suggestion on the annotation of the City Charter is a project that would require the services of an attorney, and it would be difficult to employ an attorney as a CETA employee. In regard to the liaison with the Department of Energy, Council Member Gill suggested that Mr. Reuben Lerma be contacted. Mr. Charles Speed, Personnel Director, complimented Mr. Richard Mertz and Mr. Ezequiel Elizondo on their outstanding efforts to fill all of the CETA positions. City Manager mentioned that a public hearing on zoning cases is scheduled for 3:30 p.m. Motion by Holt; seconded by Gulley; and passed unanimously, that the Regular Council Meeting be recessed at 3:50 p.m. Mayor Lozano reconvened the Regular Council Meeting at 5:15 p.m. City Manager Townsend presented the following items from the City Manager's Reports: n. Recommendation that $60,000 be appropriated from the General Fund Reserve to aid low-income utility customers in paying high winter gas bills and a contract be executed with Nueces County to administer this program through its Welfare Department. It is estimated that 1,200' customers who have no financial resources for making payments will have utility services dis- connected if aid is not provided. Minutes Regular Council Meeting February 22, 1978 Page 11 o. Recommendation that five Title II CETA employees be hired on a temporary basis from March 1 through May 31, 1978 to be outstationed with the Nueces County Welfare Division to administer a gas bill payment assistance program. The positions would consist of two Administrative Aides, Grade 18; one Account Clerk, Grade 14; and two Senior Clerks, Grade 12: It is further recommended that one Title II, Senior Clerk, Grade 12, be employed tem- porarily for this time period in the Utilities Office for clerical support. In regard to Item "n1, City Manager Townsend explained that the past two months have been extremely cold; the gas bills for citizens have been very high; and the allocation of $60,000 is recommended to assist low-income and fixed-income customers in paying gas bills so that it will not be necessary to disconnect their service. He stated that in addition to the high usage, the price of gas is 15% higher than it was two years ago, and the staff feels that some emergency type of relief should be provided for the low-income families. Mayor Lozano recalled that the City appropriated funds for this purpose approximately two years ago, and as well as he remembers, the program worked out very well. City Manager pointed out that the plan is to provide the funds for the County Welfare Department which will disburse the funds, as recommended by the City, to be used for the payment of gas bills only. Mr. Douglas Matthews, Director of Public Utilities, referred to his memo- randum in regard to this item and stated that the designation of recipients of this assistance had been discussed with'the Nueces County Welfare Department. Council Member Holt inquired about the administrative cost to operate this service, and City Manager Townsend referred to Item "o", which recommends that CETA personnel be employed for the gas bill payment assistance program to work at the County Welfare Department and in the Utilities Office. Council Member Holt suggested that the citizens whose gas is being cut off should have the funds dispensed in the Utilities Office for just that purpose. City Manager Townsend assured him that the only reason they will be sent to the County Welfare Department is to ascertain that they are qualified. He also stated that cash will not be given to those who qualify, but a voucher Minutes Regular Council Meeting February 22, 1978 Page 12 payable to the City for gas only will be issued to the recipient. Discussion followed, and Council Member Diaz and Council Member Holt suggested that the funds be disbursed here at the City Utilities Department to be sure that only citizens who are having their gas cut off receive the assistance, also pointing out that it would be inconvenient to send customers to another build- ing. City Manager Townsend indicated that there is a possibility that transpor- tation could be provided by the CETA employees if the customers do not have trans- portation readily available. Mayor Pro Tem Gulley stated that while he feels sorry for the poor people who cannot pay their gas bills, every form of government is in the welfare busi- ness; the money will in essence be taken from middle-class citizens; and he is opposed to this because everybody is having difficulty paying their gas bills, indicating that he feels that it is discriminatory to provide assistance for some and not others. Council Member Diaz expressed the feeling that he is willing to use these funds to help the people who are in dire need. Mayor Pro Tem Gulley questioned the propriety of using other people's tax money for this purpose. Council Member Gill stated that this aspect also caused her some concern, but she realized that there is an emergency for some citizens. She suggested that the staff consider some type of follow-up program on those who receive assistance to be sure that they are attempting to weatherize their homes and that they are making every effort to use gas economically. City Manager Townsend informed the Council that the Nueces County Com- munity Action Agency has a program to work with citizens to accomplish this. Council Member Sample objected to the fact that this matter was placed before the Council with very little notice,statingthat he would like to'have more time to consider this. City Manager Townsend stated that if the Council desires, he will with- draw Item "n", but suggested that Item "o" be approved so that the required Minutes Regular Council Meeting February 22, 1978 Page 13 CETA personnel could be interviewed. Council Member Diaz objected to this. Motion by Sample that Items "n" and "o" be withdrawn for one week; seconded by Juarez.. Council Member Gill inquired if the items are being withdrawn to see if the staff can devise a better plan, and Council Member Sample stated that he would just like to have a little more time to study the matter before the Council author- izes the expenditure of $60,000. City Manager Townsend stated that he will be glad to withdraw both items and place them before the Council next week. Mayor Lozano called for the vote on Council Member Sample's motion to withdraw the items, and the motion passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill voting "Nay." Motion by Sample that Item "p" of the City Manager's Reports be approved; seconded by Holt; and passed unanimously. City Manager Townsend announced the pending zoning case on Mr. Robert J. Taylor's request to change the zoning from "B-1" to "B-4" on a tract of land located on the northwest corner of Rostoryz Road and Gollihar Road. He stated that the public hearing was conducted on January 11, 1978, at which time "B-4" was denied but in lieu thereof a special permit was approved for a gas station and used car sales with any signs to comply with the sign regulations of the "B-1" district. He informed the Council that an acceptable site plan has been received. Motion by Gulley. that the special permit for this tract of land be approved; seconded by Holt. Council Member Gill expressed the opinion that the Council should approve the "B-4" zoning since they had done so for property that is just down the street. Council Member Gulley withdrew his motion. Motion by Gill that "B-4" zoning on this tract of land be approved; seconded by Sample; and passed unanimously. Minutes Regular Council Meeting February 22, 1978 Page 14 City Secretary Read stated that the ordinance effectuating this change would be before the Council next week. Mayor Lozano called for the ordinances, and City Manager Townsend briefly explained the ordinances listed on the agenda. Mayor Lozano called for discussion from the Council on the ordinances. Council Member Diaz urged that a public awareness program be considered to inform the public that the ordinance prohibiting parking on parkways, parks and medians has been approved. Mayor Lozano called for discussion from the audience on the ordinances. Mr. Louis Schmidt, of the Sheraton -Marina Inn, spoke in opposition to the ordinance increasing the hotel -motel tax by 1%. Mr. Schmidt stated that it was his understanding that the fund created by the hotel -motel tax has a surplus of $30,000 and that this was to be used for the arts. He also indicated that he thought that this matter would not be considered for another year until it was determined if the anticipated increase of hotel business would generate enough revenue to provide additional funds for the arts. Mr. Schmidt pointed out that there are many categories of art and the Council will be faced with numerous requests for allocation of funds if this ordinance is passed. Mrs. Marie Wood, 6134 Pebble Beach, spoke as a member of the Municipal Arts Commission and urged that the ordinance under discussion be passed. She expressed the opinion that the existing funding from the City is inadequate to provide for growth of the arts. Mrs. Wood also stated that the Municipal Arts Commission had recommended a five-step plan to develop art for the community. Also speaking in favor of this ordinance was Mrs. Denise Shultz, Director of the Corpus Christi Arts Council, who stated that this organization endorses the proposed increase in the hotel -motel tax. Mrs. Margaret Walberg, 336 Montclair, also spoke in favor of this tax increase and stated that she felt all of the art commissions are in favor of it. The next citizen speaking in favor of this tax increase was Colonel Floyd Buch, Plaza del Ray, who pointed out that furtherance of the arts would benefit not only the citizens of this community but would attract more visitors to the City. Minutes Regular Council Meeting February 22, 1978 Page 15 Speaking in regard to the increase in rates for the wrecker companies was Mr. Randy Culpepper, Koolside Wrecker Service. Mr. Culpepper urged that the maximum charge for wrecker services participating in the rotation service for the City be increased more than that recommended by the staff. He explained the difference between a routine call received.by wrecker companies and the emergency type call received from the Police Department, stating that he feels that $25 is the average for a regular call and pointed out that an emergency type of call is more hazardous and inconvenient to the wrecker companies. Mr. Culpepper also objected to the insurance coverage that is recommended by the staff, pointing out how expensive it is for wrecker services to carry that amount of insurance. Council Member Gill expressed the opinion that if 18 companies are participating in the rotation service, apparently they are making a profit or they would withdraw from the service. Mr. Culpepper stated that it is impossible for the wrecker companies to operate this service at the rates allowed by the existing ordinance and he and most of the other companies charge higher fee's than those listed in the ordinance. Council Member Sample stated that he appreciates Mr. Culpepper's candor about the charges made and verified that he was charged $25 for wrecker service two years ago. Mr. Sample indicated that he would not object to a further increase in the maximum charge for normal towing service but that he would be opposed to an unlimited maximum for additional labor involved, as suggested by Mr. Culpepper. Mayor Pro Tem Gulley suggested that the ordinance be approved on first reading and amended prior to second reading to reflect the additional charge as suggested. City Manager Townsend stated that he had made these recommendations under the assumption that the existing ordinance was being enforced, but since Mr. Culpepper has stated that the companies are not in compliance with the ordinance, there possibly should be further study by the staff. He pointed out that according Minutes Regular Council Meeting February 22, 1978 Page 16 . to the proposed amended ordinance, the wrecker companies will be required to inform customers of the•maximum rates that they are allowed to charge. Speaking on this same ordinance was Mr. Ralph Rivera of the Texas Wrecker Service, who also urged. the approval of higher rates. City Manager Townsend informed the Council that further recommendations on this matter will be presented next week. Mrs. Marie Woods spoke again and suggested that the Municipal Arts Commission be delegated to advise the Council on recommendations for use of the additional funds that will be designated for the arts if the hotel -motel tax . increase is approved. • An unidentified gentleman in the audience mentioned that the City has the beautiful Art Museum of South Texas, which is empty for considerable periods of time and suggested that permanent displays of art should be purchased for this museum. There being no further discussion of the ordinances, City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING ORDINANCE NO. 11025, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 9, 1972, BY PROVIDING FOR ESTABLISHMENT OF A FOUR PERCENT (4%) HOTEL OCCUPANCY TAX; PROVIDING FOR AN EFFECTIVE DATE; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY A FINE NOT EXCEEDING $200; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY REPEALING ARTICLE V, CHAPTER 57, ENTITLED AUTO WRECKERS AND BY ADOPTING A NEW ARTICLE V; DEFINING TERMS; REQUIRING OPERATORS OF AUTO WRECKER SERVICES TO APPLY FOR AND POSSESS AN AUTO WRECKER PERMIT FROM THE CHIEF OF POLICE; PROVIDING FOR INSPECTION AND CERTIFICATION OF AUTO WRECKERS USED BY SAID AUTO WRECKER SERVICES; PROVIDING FOR FEES FOR APPLICATION, PERMIT AND RENEWAL OF PERMIT; PROVIDING FOR SUBSTITUTION OF WRECKERS BY PERMITTEE; PROVIDING FOR ADDITIONAL AUTO WRECKERS TO BE ADDED TO THE PERMIT OF A PERMITTEE; REQUIRING INSURANCE TO BE CARRIED BY THE PERMITTEE; REQUIRING PERMITTEE TO MAINTAIN AN ADEQUATE STORAGE AREA; MAKING PROVISIONS FOR TOWING OR MOVING OF VEHICLES; PROVIDING A SYSTEM FOR THE DISPATCHING OF WRECKERS TO THE SCENE OF DISABLED VEHICLES; REGULATING FEES AND CHARGES FOR WRECKER SERVICE; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC STREETS; PROVIDING THAT EACH AUTO WRECKER PERMIT SHALL BE NON -TRANSFERABLE; AMENDING SECTION 53-60(2) OF THE CODE; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley; Diaz, Gill, Holt, Juarez and Sample voting "Aye" Minutes Regular Council Meeting February 22, 1978 Page 17 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, ; BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON WEBER ROAD, BOTH SIDES, FROM SOUTH STAPLES TO LINCOLN STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". SECOND READING: CREATING AN ANIMAL CONTROL ADVISORY BOARD OF THE CITY OF CORPUS CHRISTI, TEXAS; AMENDING CHAPTER 2, ARTICLE VI, OF THE CORPUS CHRISTI CODE, 1976 REVISION, AS AMENDED, BY ADDING SECTIONS 2-166 AND 2-167 DETAILING THE ORGANIZATION, PURPOSE AND DUTIES OF SAID BOARD. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14185: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 35, ARTICLE II - LAND DRILLING SECTION 35-171 (b) (1) SENTENCE ONE, BY INSERTING "A MINIMUM" SO AS TO READ, "A MINERAL FEE OWNER OF AN OIL AND GAS INTEREST NOT COVERED BY AN EXISTING OIL AND GAS LEASE SHALL BE ENTITLED TO PARTICIPATE AS A ROYALTY OWNER ON THE BASIS OF A MINIMUM ONE-EIGHTH (1/8) ROYALTY INTEREST IN THE PROPERTY COVERED BY HIS MINERAL FEE"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14186: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING ARTICLE V, OPERATION OF VEHICLES, BY AMENDING SECTION 53-97, VEHICLES IN PARKS, PARKWAYS, ETC. PROHIBITED, BY AMENDING THE FIRST SENTENCE THEREOF SO AS TO INCLUDE THE WORD "PARK" FOLLOWING THE WORD "DRIVE" AND BEFORE THE WORDS "OR OPERATE ANY VEHICLE," SAID SENTENCE TO HEREAFTER PROVIDE THAT "IT SHALL BE UNLAWFUL FOR ANY PERSON TO DRIVE, PARK OR OPERATE ANY VEHICLE, AS DEFINED IN VERNON'S CIVIL STATUTES, ARTICLE 6701d, IN ANY PARK OR PARKWAY, OR ON ANY MEDIAN STRIP, OR IN ANY PLACE NOT DESIGNATED OR INTENDED FOR THE OPERATION OF VEHICLES." The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14187: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CON- CERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY 104 (NUECES BAY BOULEVARD) FROM INTERSTATE HIGHWAY 37, NORTHEAST TO WEST BROADWAY AND FARM TO MARKET ROAD 665 (AIRPORT ROAD) FROM LOOP 443 TO MORGAN AVENUE, AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A"; APPROPRIATING $206,300 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $109,000 IS APPLICABLE TO PROJECT NO. 220-77-7, NUECES BAY BOULEVARD, I.H. 37 TO , WEST BROADWAY AND $97,300 IS APPLICABLE TO PROJECT NO. 220-77-8, AIRPORT ROAD, MORGAN TO AGNES, FOR TETE CITY'S SHARE OF THE CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 22, 1978 Page 18 'The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14188: AMENDING ORDINANCE NO. 3658, AS AMENDED, BY AMENDING SECTION 255 THEREOF TO ESTABLISH THE POSITION OF MEDICAL TECHNICIAN; AND BY AMENDING SECTION 257 THEREOF BY RECLASSI- FYING THE POSITIONS OF ASSISTANT STREET SUPERINTENDENT AND PARK MAINTENANCE SUPERIN- TENDENT, AS MORE FULLY SET FORTH HEREINAFTER, PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14189: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPORTATION FUND PARTICIPATION IN UMTA PROJECT NO. TX -05-0014 IN THE AMOUNT OF 65% OF THE AUTHORIZED LOCAL SHARE COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM; ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14190: CLOSING AND ABANDONING A 10 -FOOT BY 133.6 -FOOT UTILITY EASEMENT IN BLOCK 1, LOT 4-D, MARKS TRACT, LOCATED NEAR THE INTERSECTION OF PADRE ISLAND DRIVE AND EMBASSY DRIVE, AS MORE FULLY DESCRIBED HEREINAFTER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano,,Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14191: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HUNT DEVELOPERS, INC., DEVELOPER OF RODD PLACE SUBDIVISION, UNIT 1, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK ABUTTING SILVER SANDS DRIVE IN THE RODD PLACE SUBDIVISION, UNIT 1, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A"; APPROPRIATING $9,654.23 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-50; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14192: GRANTING REVOCABLE EASEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENTS TO SOUTH TEXAS PIPELINE COMPANY FOR INSTALLATION OF TWO PIPELINES IN A TEN -FOOT STRIP IN MCKENZIE ROAD RIGHT-OF-WAY PARALLEL TO AND ABUTTING HIGHWAY VILLAGE, SECTION 1 ANNEX, BLOCK 7, LOT 1, CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN VOLUME 42, PAGE 100, MAP RECORDS OF NUECES COUNTY, TEXAS AND FOR THE INSTALLATION OF TWO PIPELINES IN A PORTION OF SURVEY 419, ABSTRACT 570, AND MORE PARTICULARLY DESCRIBED IN VOL. 1048, PAGE 551, DEED RECORDS, NUECES COUNTY, TEXAS, ALL AS MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENTS, A SUBSTANTIAL COPY OF EACH EASEMENT BEING ATTACHED HERETO, MARKED EXHIBITS "A" AND "B", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 22, 1978 Page 19 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt and Juarez, voting,"Aye"; Sample, "abstaining". RESOLUTION NO. 14193: RESOLUTION CANCELLING RESOLUTION NO. 13932 PASSED AND ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 7, 1977, SO AS TO LEAVE THE DRAINAGE PLAN IN ACCORDANCE WITH THE PREVIOUSLY ADOPTED MASTER PLAN AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14194: CLOSING AND ABANDONDING THAT PORTION OF BURLESON STREET LYING INSIDE THE CITY LIMITS, LOCATED GENERALLY ALONG THE SOUTHWESTERN SHORE OF NUECES BAY AND WITHIN STATE TRACTS NO. 708 AND 710; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". RESOLUTION NO. 14195: ABOLISHING THE CITIZENS COMMITTEE FOR COMMUNITY IMPROVEMENT, ESTABLISHED BY RESOLUTION NOS. 7930 AND 10487; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". The Regular Council Meeting was recessed briefly in order for the Council to reconvene the Special Council Meeting for the purpose of approving the'ordinances effectuating the zoning changes approved during the public hearing. The Regular Council Meeting was reconvened at 6:50 p.m. by Mayor Lozano. City Manager Townsend called to the attention of the Council the proposed motion in -response to the allegations presented by Mr. Harry Hoag on February 8, 1978. Motion by Sample, seconded by Juarez, and passed unanimously that the fol- lowing statement be entered in the Minutes for this date as the official findings in response to Mr. Harry Hoag's recent presentation, and that a copy of this statement be furnished Mr. Hoag: "The City Council has considered the points enumerated in the letters sent by Mr. Hoag to the Council dated December 19, 1977, February 2, 1978, and February 8, 1978, respectively. The Council notes' that many of these same points were thoroughly investigated by this Council on August 31, 1977. The Council finds that no new evidence has been presented or discovered which in any way would change the Council's unanimous opinion that there was no wrongdoing or malfeasance by City Manager Townsend or Council Member Gulley in connection with the installation or replacement of gas pipes and services. Minutes Regular Council Meeting February 22, 1978 Page 20 "Second, the Council finds that since Council Member Gulley has corrected the challenged platting ordinance discrepancies, Mr. Hoag's platting complaints are moot. "Third, the Council further finds that since no evidence has been sub- mitted or discovered to indicate that any of the platting discrepancies were willful, no grounds exist for the impeachment of Council Member Gulley. "Fourth, no cause exists for the discharge or reprimand of City Manager Townsend. "Fifth, the Council notes that the City of Corpus Christi has not speci- fically adopted the National Fire Code. "Sixth, it does not appear that 49 C.F.R. §192.361(c) is applicable. It does not appear that any service line as defined in the regulation runs under any "buildings intended for human occupancy." Further, the regulation is clearly aimed at preventing gas leakage into resi- dential buildings and not mobile homes which do not set flush to the ground, but rather have a natural ventilation beneath them. "The Council, therefore, finds that 49 C.F.R. $192.361(c) does not apply." * * * * * * City Manager Townsend explained that the three ordinances concerning the lease/purchase of data processing equipment which were listed on the morning agenda had been withdrawn from the Regular Council Meeting agenda because the contracts involved have not been signed by the companies. He stated that they will be on the agenda next week. *Council Member Holt was excused from the Council Meeting at 6:56 p.m. * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Bill M. Miller, 2805 Austin Street, addressed the Council in regard to the closing of Austin Street between Angel Drive and Chamberlain Street. He stated that he objected to this street closing and questioned the legality of the closure, contending that proper notification of the public hearing on the street closing was not made. Mayor Lozano explained that the ordinance concerning street closings specifies that residents within 450 feet of the proposed closing must be notified. (It was determined that Mr. Miller does not live within that radius of this street closing.) Minutes Regular Council Meeting February 22, 1978 Page 21 Mr. Miller expressed the opinion that the ordinance should specify that additional residents should also be notified. He stated that in this instance, access to his residence has been eliminated. Mr. Miller stated that the follow- ing residents own property within the 450 -foot radius; they signed the petition to close the street; but that they did not receive notices of the public hearing: Mr. John W. Lee, Mr. C. T. Blasingame, Mrs. John W. Dye, and Dr. Bill Whiteside. City Manager Townsend stated that this list will be checked and inquired if any of these residents within the 450 -foot radius plan to join Mr. Miller in his complaint. Mr. Miller stated that Mr. John W. Lee is joining him in his com- plaint that the public hearing was illegally held and the street was illegally closed. Council Member Gill inquired if registered letters are sent to the resi- dents and if any attempt is made to assure that the residents actually receive the notices. City Manager Townsend explained the procedure followed and stated that the only source the City has to obtain names and addresses of property owners is from the tax'rolls, which are sometimes out of date. Council Member Gill suggested that a study be made to devise a method to remedy the problems encountered in notification of public hearings. City Manager Townsend stated that a great deal of staff time could become necessary if this is done, but if the Council desires, this can be done. City Secretary Read explained the procedure followed in notifying owners of property in areas affected by public hearing; noted that it is published in two newspapers under Legal Notices; and pointed out that when the hearing is set, the Corpus Christi Caller -Times usually reports this in the news section. There being no further business to come before the Council, on motion by Sample, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 7:07 p.m. February 22, 1978.