Loading...
HomeMy WebLinkAboutMinutes City Council - 09/01/1971• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 1, 1971 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem 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 Mayor Ronnie Sizemore called the meeting to order. The Invocation was given by The Reverend Joe C. Detamore of South Shore Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of August 19, 1971, were approved as corrected, and Minutes of the Regular Meeting of August 18 and Special Meeting of August 20, 1971, were approved as submitted. Mayor Sizemore called for the City Manager's Reports. Motion by Bosquez, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "q" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the $8,239.30 contract for Hurricane Celia Damage Repairs to the Filter Building at the O. N. Stevens Filter Plant be accepted as complete and final payment for $3,737.14 be made to the contractor, Cedar Roofing and Construction Industries; b. That the date of September 22, 1971, at 3:30 p.m., Special Meeting be set for a public hearing on the following zoning applications: (1) A. Ybarra - from "R-18" to "B-1" on the southwest corner of McArdle Road and Mable Street; • (2) G. E. Bayder - from "B -1A" to "B-1", on the southeast corner of the intersection of Candlewood Drive and South Padre Island Drive; (3) Maverick Markets, Inc. - from "F -R" to "B-4", the east right-of-way line of Rand Morgan Road, north of Leopard Street; (4) Jim W. MachIan - from "A-1" to "AB", on the southwest corner of fbtk Avenue and South Carancahua Street; • • • • Minutes Regular Council Meeting September 1, 1971 Page 2 (5) Tom Brundage - from "R -1B" & "B -1A" to "1-2", on the South right-of-way line of South Padre Island Drive, east of Weber Road; and (6) The establishment of a new zoning district - "R -1C", One -family Dwelling District. c. That two blocks of Chaparral and two blocks of Williams be closed to vehicular traffic from 7:30 p.m., Saturday, September 11th, to 12 midnight on Sunday, September 12th, so that LULAC Ladies Council #26 can sponsor a Fiesta Mexicana de Corpus Christi, comprising over 30 participating organizations, the Fiesta endorsed by the Central Business District, and the recommended permit to encompass the following conditions; (1) filing of a satisfactory liability insurance policy; (2) any damage to City property be restored; and (3) adequate police be provided; d. That the House Movers Ordinance be amended to restrict moving of any building within the City Limits if the building to be moved has deteriorated more than 50 percent, the purpose of the ordinance to prevent the moving of substandard buildings into the City limits; e. That Texas Water Quality Board permits be required by any individual discharging liquid waste material into the Lake, Nueces River, or any other creek or stream discharging into the Nueces River; that liquid waste discharges meet contact recreation standards as approved by the City or higher standards if established by the Texas Water Quality Board; that the disposal of solid waste of any kind be prohibited; and that the operation of house boats on Lake Corpus Christi be prohibited as recommended by the Coastal Bend Regional Planning Commission; f. That a resolution be sent to the Texas Water Quality Board to establish standards for liquid waste discharged into Lake Corpus Christi which are suitable for contact recreation, the resolution having been recommended by the Coastal Bend Regional Planning Commission; g. That a resolution be passed exercising the City's option under the State Water Quality Act to be an enforcing party; h. That an ordinance be brought forward to regulate industrial and commercial waste entering into the City's sanitary sewer system, storm drains, and other waterways, for the purpose of establishing maximum quantites of objectionable materials, set forth testing procedures, s Minutes Regular Council Meeting September 1, 1971 Page 3 • • • and providing for a surcharge if a customer would rather the City provide primary treatment of its waste rather than on-site processing on the customer's premises prior to its entering the sewage system; i. That the City Air Control Ordinance be amended to adopt new regulations of the State of Texas which will: (1) require a construction and operating permit to Texas Air Control Board for anyone constructing facilities which may emit contaminants; (2) limit particulate emissions by agricultural processed by February 15, 1973; and (3) require the registration of existing air contamination sources before any alteration or expansion; j. That fines for overtime parking be increased from $1.00 to $2.00; fines for parking in front of fire hydrants, loading zones, no parking zones and other parking violations, be increased from $2.00 to $4.00; fines not paid within 10 days of the date of violation be doubled; and providing for a $10.00 fee when it becomes necessary to issue a warrant for the violator's arrest. This increase to be effective on November 15, 1971, or at the end of the Presidential wage -price freeze; k. That the authority to receive bids at 11 a.m. on September 21, 1971, for nine replacement 27,500 GVW trucks, seven 20 cubic yard rear load bodies, and three replacement 20,000 GVW trucks and brush bodies as provided in the 1971-72 Budget, be granted; I. That an assessment hearing be held on October 6, 1971, at 3 p.m. for the improve- ment of Gollihar Road from Kostoryz to Dody and all small portions of McDonald, Josephine, and the Ayers -Baldwin intersection; m. That the architectural contract with Blanton and Yeager be amended to include all the design work related to the proposed Neighborhood Facility at Ben Garza Park; (The facility is estimated to cost $55,000; an additional appropriation of $43,400 will be required for professional services; the original contract includes only the $70,000 recreation addition voted in 1970; the new contract recognizes that they have done the preliminary work for the total project and will provide payment for going ahead with the gym before they approve or disapprove the total neighborhood facility with the understanding that the work will count as part of the project if the total project is approved) • • • • Minutes Regular Council Meeting September 1, 1971 Page 4 n. That a contract be authorized with the Corps of Engineers for exchange of a .572 acre tract for a .528 acre tract owned by the City at the Bayfront Science Park, said exchange to provide more water front for the park, create a more workable building site for the Corps and enable the Corps to move ahead with their plans for construction of a new office building; o. That the City Manager be authorized to submit a Grant Application to the Criminal Justice Council for the implementation of a Law Enforcement Information System, a three-year program with Criminal Justice support of $255,446. (The total program cost is estimated to be $393,277. The Grant Request covers funds for the first year $75,066. The purpose of the program is to develop data input, output system in the Police Division that will provide instant retrieval of information from Police Records covering stolen vehicles, wanted persons, arrest/criminal history, incident application of criminal activity, field inter- view report application and stolen property) p. That the Building Code be amended to allow during 1971 for mobile home dealers with at least 10 mobile homes to arrange to move mobile homes from the City prior to a hurricane rather than provide the tie downs if the following conditions are met: (1) all such mobile homes are moved from the City at least 12 hours before expected hurricane landfall; (2) a $45 cash deposit be placed with the City for each mobile home not tied down with authority to the City to move such mobile home with liability if the owner fails to move it; and (3) the full cash deposit of the owner will be forfeited if any one of his mobile homes is not properly moved; q. Recommendation that the appointment of Mr. Charles Speed as Personnel Director, effective September 27, 1971, at Grade 34-r, be cdnfirmed and approved. City Manager Townsend advised the Council of the resignation of Purchasing Agent Robert 0. Walker. He stated Mr. Walker will be returning to Maryland to accept a position there. He commended his work here and stated the resignation was accepted with regrets. City Manager Townsend presented for the Council's consideration the following ordinance: s Minutes Regular Council Meeting September 1, 1971 Page 5 • • ORDINANCE NO. 10442 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Gollihar Road from the center line of Kostoryz Road to existing street improvements approximately 100 linear feet northwest of Dody Street; 2. Kostoryz Road (east side only) from the center line of Mahan Drive to a point 650 linear feet north on Kostoryz Road; 3. Ayers Street from the center line of Baldwin Boulevard to a point approximately 355 linear feet northeast on Ayers Street; • 4. Improvements to the northeast corner of the Booty Street and Santa Fe Street intersection; 5. Everhart Road from the northeast corner of the Alameda Street intersection to a point + 165 linear feet northeast on Everhart Road; 6. Josephine Street from the center line of Winnebago Street to the center line of Lake Street; 7. McDonald Street from the center line of Matlock Street to a point 491 linear feet south of McDonald Street; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PRO- VIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Commissioner Bonniwell requested a status report from the City Manager relative to the request of the Nueces County Mental Health and Mental Retardation Community Center for continuation of the City's support of $25,000 of the Child and Youth Mental Health Services provided by the Center. City Manager Townsend stated that he is not prepared to make a final report and recommendation at this time; that he had been in communication with the City -County Health Director, Dr. W. R. Metzger, and that Dr. Metzger does not recommend continuation of the support since there are other items of this nature of higher priority. He stated that he would study the request in depth with the Mental Health Center officials and make a report and recommendation to the Council within the next two weeks. • • • Minutes Regular Council Meeting September 1, 1971 Page 6 City Manager Townsend presented the pending item of zoning Application #671-5, Mrs. Juanita Tingle, for change of zoning on Lots 3C & 3D, Block 1, Laughlin Addition, explaining that on August 11, the Council approved a Special Council Permit for the operation of a day care nursery subject to an acceptable site plan being submitted by the applicant, and that she had complied with this request. Motion by Branch, seconded by Bonniwell and passed, Bosquez voting "Nay", that the site plan submitted by Mrs. Juanita Tingle be approved, and that an ordinance be brought forward granting a Special Permit for a day care nursery on Lots 3C & 3D, Block 1, Laughlin Addition, in accordance with the approved site plan limiting the number of children to a maximum of 20, construction of a screening fence on three sides, and a semi -circular drive for loading and unloading children on site. Motion by Stark, seconded by Gonzales and passed, Lozano abstaining, that Application #471-3, Feudo Foodtown #2, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 5, Block 8, Koolside Addition, located in the 800 Block of Airline Road, be denied in accordance with the recommendation of the Planning Commission on the basis that several changes were made on the site plan after the Commission public hearing of which adjacent residents were not aware, and that the applicant be requested to re -apply as a new application. City Manager Townsend presented the pending item of zoning Application #771-9, Cadwallader Development Corporation, for change of zoning on three tracts of land described as A, B, and C, located at the northwest corner of Everhart Road and Bonner Drive extending to Wedgewood Lane, on which a public hearing was held August 25, 1971, and tabled for further study of legal technicalities in relation to the lack of notices being received before the Commission hearing. He explained that a letter had been received from the applicant's attorney stating that his client was agreeable that the request be resubmitted to the Planning Commission for a new hearing because of the misunderstanding relative to notifications of the first Commission hearing, and that it was their understanding that the applicant would not be required to pay a new filing fee. s Minutes Regular Council Meeting September 1, 1971 Page 7 • • Motion by Stark, seconded by Gonzales and passed, that Application #771-9, Cadwallader Development Corporation, be referred back to the Planning Commission for re -hearing and that no filing fee be required because of improper mailing of notices. ORDINANCE NO. 10443 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Gollihar Road from the center line of Kostoryz Road to existing street improvements approximately 100 linear feet northwest of Dody Street; 2. Kostoryz Road (east side only) from the center line of Mahan Drive to a point 650 linear feet north on Kostoryz Road; 3. Ayers Street from the center line of Baldwin Boulevard to a point approximately 355 linear feet northeast on Ayers Street; 4. Improvements to the northeast corner of the Booty Street and Santa Fe Street intersection; 5. Everhart Road from the northeast corner of the Alameda Street intersection to a point + 165 linear feet northeast on Everhart Road; 6. Josephine Street from the center line of Winnebago Street to the center line of Lake Street; 7. McDonald Street from the center line of Matlock Street to a point 491 linear feet south on McDonald Street; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD OCTOBER 6, 1971, AT 3:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10444 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175,V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. s Minutes Regular Council Meeting September 1, 1971 Page8 • • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 9499, GENERALLY REFERRED TO AS "THE ELECTRICAL LICENSING ORDINANCE OF THE CITY OF CORPUS CHRISTI", PASSED ON SEPTEMBER 24, 1969, AS AMENDED, BY AMENDING SUBSECTION (A) OF SECTION 1-5: POWERS AND DUTIES; DELETING THE SENTENCE, "UPON REQUEST OF ANY APPLICANT FOR LICENSE AS JOURNEYMAN ELECTRICIAN BY EXAMINATION, THE EXAMINATION SHALL BE SET FOR SOME DATE WITHIN SEVEN (7) DAYS FROM DATE OF THE APPLICATION", BY AMENDING SUBSECTION (E) OF SECTION 1-5: POWERS AND DUTIES: ADDING THE SENTENCE, "IF THE APPLICANT DOES NOT MAKE AT LEAST 70% ON THE PART I TEXT, HE WILL BE REQUIRED TO WAIT 90 DAYS FROM THE TIME HE FAILED PARK I BEFORE HE CAN TAKE THE PART I TEST AGAIN"; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN OIL AND GAS• LEASE ON 48.95 ACRES OF LAND IN THIRTY-FIVE (35) TRACTS OF LAND, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH KELLY BELL, FOR A THREE-YEAR TERM BEGINNING AUGUST 18, 1971, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10445 AMENDING SECTION 1 OF ORDINANCE NO. 9635, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 4, 1970, BY ADOPTING ADDITIONAL RULES AND REGULATIONS OF THE TEXAS AIR CONTROL BOARD AS ATTACHED HERETO FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI; ADOPTING THE CLEAN AIR ACT OF TEXAS; PROVIDING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO THE TEXAS AIR CONTROL BOARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and vofing "Aye". Minutes Regular Council Meeting September 1, 1971 Page 9 • • ORDINANCE NO. 10446 • FINDING THAT EXEMPTING CERTAIN MOBILE HOMES FROM THE TIE -DOWN REQUIRE- MENTS FOUND IN SECTION 1105, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY SECTION 13, ORDINANCE NO. 10,096, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1971, WILL NOT ENDANGER PUBLIC SAFETY AND WELFARE, AND AMENDING THE SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, SECTION 11-5, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY SAID ORDINANCE NO, 10,096, TO PROVIDE A NEW SUBSECTION 1-6.7, EXEMPTION TO APPENDIX I OF SAID CODE, TO EXEMPT FROM THE TIE -DOWN REQUIREMENTS UNTIL DECEMBER 1, 1971, ANY FIRM WHICH OWNS TEN (10) OR MORE UNOCCUPIED MOBILE HOMES PROVIDED SAID HOMES ARE PARKED IN CLOSE PROXIMITY AND NOT SUBJECT TO SECTION 25-4 (10) OF THE ZONING ORDINANCE OF THE CITY AND PROVIDED FURTHER AN AUTHORIZED REPRESENTATIVE OF THE FIRM FILES A SWORN APPLICATION TO THE BUILDING OFFICIAL CONTAINING COMMITMENT TO MOVE MOBILE HOMES WITHIN TWELVE (12) HOURS; AUTHORIZING THE CITY TO MOVE HOMES NOT MOVED; PROVIDING FOR A HOLD -HARMLESS AGREEMENT AND A $45.00 DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF A RESOLUTION ADOPTING THE POWERS AND AUTHORITIES AFFORDED THE CITY OF CORPUS CHRISTI, TEXAS TO ENFORCE AND IMPLEMENT WITHIN THE JURISDICTION OF THE CITY OF CORPUS CHRISTI THE PROVISIONS OF ARTICLE 7621d-1, V.A.C.S., TEXAS (62ND LEGISLATURE, REGULAR SESSION, CHAPTER 58, SEC. 21 .254), AND PARTICULARLY BUT NOT LIMITED TO SUBCHAPTER D, PROHIBITION AGAINST POLLUTION: ENFORCEMENT, AND SUBCHAPTER E, AUTHORITY OF LOCAL GOVERNMENTS, IN THE MANNER AND METHODS THEREIN PROVIDED; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 9-77 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (E) SO AS TO REGULATE THE DISCHARGE OF ANY LIQUID WASTE MATERIAL INTO THE LAKE, NUECES RIVER, OR ANY OTHER CREEK OR OTHER STREAM DISCHARGING INTO THE NUECES RIVER WITHOUT THE OWNER FIRST SECURING A PERMIT FROM THE TEXAS WATER QUALITY BOARD; AMENDING SECTION 9-77 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (G) SO AS TO HEREAFTER PROVIDE THAT NO BOAT, RAFT, OR OTHER FLOATING DEVICE HAVING OVERNIGHT ACCOMMODATIONS OR TOILET FACILITIES SHALL BE OPERATED ON LAKE CORPUS CHRISTI; HOUSE BOATS AND FLOATING CABINS ARE NOT PERMITTED ON THE LAKE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". 4 • • • Minutes Regular Council Meeting September 1, 1971 Page 10 FIRST READING OF A RESOLUTION REQUESTING THAT THE STATE WATER QUALITY BOARD ESTABLISH CHEMICAL AND BACTERIOLOGICAL STANDARDS FOR LIQUID WASTE DISCHARGE INTO LAKE CORPUS CHRISTI OR ANY WATERWAY IN THE IMMEDIATE WATERSHED OF LAKE CORPUS CHRISTI AND THE NUECES RIVER FROM THE OUTLET OF LAKE CORPUS CHRISTI TO THE CALALLEN DIVERSION DAM THAT ARE SUITABLE. FOR CONTACT RECREATION AT THE TIME OF DISCHARGE INTO THE LAKE OR RIVER. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10447 AMENDING CHAPTER 12 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 5918, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 5, 1960, BY AMENDING SECTION 12-33, SUB- SECTIONS A, B, AND C, BASIC RATE TABLE OF RENTALS, RELATING TO RENTAL OF COLISEUM AND EXPOSITION HALL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Mr. Kelly, mobile home owner at Cuddihy Field, spoke in opposition to the fore- going Ordinance No. 10445, relative to amending the Building Code to allow, during 1971 under certain conditions, for mobile home dealers with at least 10 homes to arrange to move them from the City prior to a hurricane rather than provide the tie downs. He stated that based on the best business knowledge, he had spent considerable sum of money to move 400 mobile homes outside the City following passage of the ordinance passed last year requiring the tie downs, and that with the passage of the present ordinance, the result is that their attempt to alleviate oie problem another has been incurred. He stated he felt the ordinance to be unnecessary and an unfair advantage with those owners who stayed in the City limits. Mr. Townsend explained that an attempt is being made to move the HUD trailers out as soon as possible, were trying to avoid litigation, and that the alternative was suggested as a means of attempting to maintain voluntary compliance. City Manager Townsend presented the ordinance proposed to regulate the discharge of industrial and commercial wastes entering into the City's sanitary sewer system, storm drains and other waterways, stating that the ordinance establishes maximum, quantities of objectionable • Minutes Regular Council Meeting September 1, 1971 Page 11 • • • materials, sets forth testing procedures, and provides for a surcharge if a customer would rather the City provide primary treatment of its waste rather than on-site processing on the customer's premises prior to its entering the sewage system. He explained that in February of this year the Staff drafted and sent to various water users, a proposed ordinance; that hearings were held before the City Council following which the Staff was asked to work with representatives of those likely to be affected in an effort to improve the ordinance, clarify the language, and more appropriately accomplish the intent. He further explained that the proposed ordinance is the result of some ten years study and is patterned gfter ordinances adopted by other major Texas cities. He pointed out that it is not intended to impose a hardship on any group, and that it is not recommended because of any requirements of any State Agencies, but stated that if not resolved it could become a substantial problem relative to the City's eligibility to receiwaltederal aid. He explained that the informal committee composed of those establish- ments consuming sufficient water to be involved was formed, but was not officially appointed by the Council. He pointed out that the ordinance would not be effective until after November 1971, and recommended its adoption. Mr. Harold Alberts, attorney, appeared in opposition to the proposed ordinance stating that he had originally represented Sam Kane Packing Company, but was now speaking for himself as a private citizen. He stated that a copy of the proposed revised ordinance had not been made available to him until late yesterday afternoon. He described it as the most encompassing, burdensome, unrealistic, unenforceable and illegal, ordinanFe he had had the privilege to read, and did not conform to the President's price -wage freeze order. He further stated that this Council admittedly had not studied the ordinance; that it is unnecessary because there are at least two others in effect which, if enforced, would regulate the waste discharges. He charged that the City's sanitary sewer systems are faulty; that the proposed surcharge is a means to collect revenue; and that he had checked with the Texas Water Quality Board and they had not confirmed the statement that the Federal Government would refuse to make a Grant without the passage of the proposed ordinance. He further stated that he did not feel it to be an appropriate action of this Council to raise fees to become effective at the end of the 90 -day price -wage freeze. 1 Minutes Regular Council Meeting September 1, 1971 Page 12 • • • Mr. Bob Sorrell, Jr., attorney representing Oriental Laundry and Cleaners, spoke in opposition, stating that the surcharge would in effect, be taxing business. He stated that the water discharged from the laundries is of a higher quality than that released from residences, and that the ordinance should be confined to industrial use, manufacturing and processing of raw materials. He noted statements appearing in the local paper August 7, which stated that this ordinance is required under Federal Law in order for the City to receive a grant to build a sewage treatment plant, and that the Texas Water Quality Board had given notice that improvements need to be made in the City's sewer system. He stated he sees no reason for the surcharge and that it is not required under Public Law No. 660ito satisfy the Texas Water Quality Board. He stated the proposed ordinance would be impossible to enforce fairly. Mrs. Robert E. Clark, President of the League of Women Voters, stated this organization had studied the original draft of April 1971, and filed with the City Secretary a statement from the group in support of the Ordinance. She requested a copy of the revised draft. Mr. A. C. Skinner, Jr., owner of the Oriental Laundry & Cleaners, opposed the ordinance, stating that business is already paying for the cost of processing through higher sewage fees. He presented a written statement of figures to substantiate his claim. He pointed out that water from his plant is of higher quality than from residences because of the use of settling tanks and that they use no phosphates. He stated he was a member of the informal committee appointed in April of this year, and that the group as a whole were not in favor of the ordinance. He further pointed out that the number of laundry and cleaning establishments in the City had decreased from 15 to 8 in the last 7 or 8 years. Mr. Arthur Sarmen of Suburban Cleaners spoke in opposition stating that certain detergents should be bannedifrom sale in the City rather than place surcharges on laundries. as He described the ordinance/discriminatory, and pointed out that laundries are now paying 56 percent of their water bill in sewage fees. Mr. Kenneth Goldman, attorney representing the Driscoll Hospital, stated the ordinance would adversely affect the Hospital, and that he would submit in writing specific objections to portions of the ordinance. • • • • Minutes Regular Council Meeting September 1, 1971 Page 13 City Manager Townsend stated that the surcharge is not being recommended as a revenue measure; that the sewer system of the City is subsidized by approximately seven cents of the property tax rate; stated that the City must assure the Texas Water Control Board of satisfactory procedures of regulation; and that this ordinance will meet their requirements. Mr. Mike Kendrick, attorney representing Southwestern Refining Company, Pittsburg Plate Glass Company and Celanese Corporation, made statements in defense of the Council stating that it is his belief that the ordinance is proposed in good faith, that its passage is necessary to secure state and federal money to improve the sewer system. He stated he felt there had not been sufficient communications on what is really needed; that he felt a new ordinance should be written with the help of a committee of business and City Staff members and that a deadline should be set to get something before the Council that would accomplish the needs of the City. He stated he believes the proposed ordinance would be acceptable to the Texas Water Quality Board, but that service businesses and the hospital should not be burdened unless it prevents the City's receiving federal aid under the No. 660 law. He stated he would be willing to serve on such a committee. Others appearing and speaking in opposition to the proposed ordinance were Mr. Abel Chaps, owner of the La Malinche Mexican Foods Company; Bob Brace, owner of Model Industrial Laundry; a representative of the South Texas Linen Supply Company; and Mr. Daniel J. Garner, representing Memorial Hospital. Mr. Alberts charged that the real problem was that the City's sewage plants were faulty; did not function properly nor regularly but had repeated breakdowns causing raw sewage to flow into the Oso, Nueces Bay and Corpus Christi Bay; charged that the Cityis placing the blame on some citizens of the City; and stated that the ordinance is not an industrial waste ordinance, that only one paragraph of the ordinance relates to industrial plants. City Manager Townsend defended the City's position stating that we have one of the finest sewer systems in the State of Texas, and has received commendation from the Texas Water Quality Board that the system is well above average. • • • Minutes Regular Council Meeting September 1, 1971 Page 14 Mayor Sizemore suggested that those persons who have objections to file them in writing within the next two weeks. Motion by Bonniwell, seconded by Branch, that the proposed industrial and commercial waste ordinance be deferred for further study. Commissioner Lozano withdrew a motion to amend the motion to table consideration of the ordinance until after the President's wage -price freeze, and the foregoing motion was passed. ORDINANCE NO. 10448 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 11-29, PERMITS, CHAPTER 11, BUILDINGS, ARTICLE V, HOUSE MOVING, THEREOF BY THE ADDITION OF NEW PARAGRAPHS THERETO TO PROHIBIT ISSUANCE OF A PERMIT FOR MCV EMENT OVER CITY PUBLIC STREETS OF ANY BUILDING DETERI- ORATED MORE THAN FIFTY (50) PER CENT OF ITS ORIGINAL VALUE BY FIRE OR OTHER ELEMENT, DECAY, OR DILAPIDATION AND TO PROHIBIT ISSUANCE OF SUCH PERMIT WHENEVER MOVING OF THE BUILDING WILL VIOLATE ANY CITY ORDINANCE REQUIRE- MENTS APPLICABLE THERETO; PROHIBITING THE MOVEMENT OF ANY SUCH BUILDING OVER CITY PUBLIC STREETS; PROVIDING PENALTY; PROVIDING SEVERABILITY; PRO- VIDING PUBLICATIONryAND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance Was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10449 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF.'JUANITA TINGLE BY GRANTING A SPECIAL PERMIT FOR THE OPERATION OF A DAY CARE NURSERY ON LOTS 3C & 3D, BLOCK 1, LAUGHLIN ADDITION IN THE CITY OF CORPUS CHRISTI, SUBJECT TO THE CONDITIONS HEREINBELOW SET FORTH, AND IN ACCORDANCE WITH THE PLOT PLAN ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez voting "Nay". • Minutes Regular Council Meeting September 1, 1971 Page 15 • • • l ORDINANCE NO. 10450 AMENDING ORDINANCE NO. 9849, APPROVED BY THE CITY COUNCIL ON JULY 22, 1970, TO AUTHORIZE THE EXECUTION OFA SUBSTITUTE AGREEMENT FOR ARCHITECTURAL SERVICE FOR THE CONSTRUCTION OF A NEIGHBORHOOD FACILITY COMPLEX IN BEN GARZA PARK, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING $43,400 OUT OF NO. 291 PARK BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 9849, OF SAID APPROPRIATION $42,490 I5 FOR THE ARCHITECTURAL FEES AND $910 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-15; AND DECLARING AN EMERGENCY. The The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 10451 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CRIMINAL JUSTICE COUNCIL FOR THE IMPLEMENTATION OF A LAW ENFORCEMENT INFORMATION SYSTEM, A THREE-YEAR PROGRAM WITH CRIMINAL JUSTICE SUPPC (T OF $255,446, FOR THE PURPOSE OF DEVELOPING DATA INPUT, OUTPUT SYSTEM IN THE POLICE DIVISION TO PROVIDE INSTANT RETRIEVAL OF INFORMATION FROM POLICE RECORDS, AS MORE FULLY SET FORTH IN THE APPLICATION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10452 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A GENERAL WARRANTY DEED AS SHOWN ON EXHIBIT "A", ATTACHED HERETO, CONVEYING TO THE U. S. ARMY CORPS OF ENGINEERS AN AREA CONTAINING APPROXIMATELY .528 ACRES ON AND ALONG A PORTION OF DAN REID AND RINCON STREETS IN EXCHANGE FOR QUITCLAIM DEED, SUBSTANTIAL. IN THE FORM OF EXHIBIT "A" ATTACHED HERETO, FROM THE U. 5. ARMY CORPS OF ENGINEERS, QUITCLAIMING APPROXIMATELY .572 ACRES ON AND ALONG A PORTION OF DAN REID AND RINCON STREETS, AS MORE FULLY DESCRIBED HEREINAFTER; APPROVING EXECUTION BY THE CITY MANAGER OF THE EXCHANGE OF LANDS CONTRACT, MARKED EXHIBIT "C", ANNEXED HERETO; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned.