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HomeMy WebLinkAboutMinutes City Council - 02/08/1978PRESENT: Mayor.Gabe Lozano, Sr. Council Members: David Diaz Ruth Gill Bob Gulley Joe Holt Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY'8, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mr. Jason Luby-assumed the Mayor's seat at the Council Table and called the meeting to order in the Council Chamber of City Hall. The Reverend Harold Goodenough of St. Luke's United Methodist Church gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and declared that the necessary quorum to conduct a legally constituted meeting was present. Mr. Luby noted that his nameplate had been removed from the Council Table and contended that the actions taken during the morning Workshop Meeting were invalid in that it was not an official meeting. He then asked City Secretary , Read to provide a copy of the minutes of the Workshop Meeting, the tape recording of the meeting, and the notice of the actions to be taken during the meeting as; • required by the Open Meetings Law. Mr. Luby pointed out that the tape recorder was not in operation during the first portion of the meeting. He also questioned whether or not Item 4, Appointment of a Mayor Pro Tem, listed on the Regular Council Meeting agenda, had been properly posted as an emergency. Mr. Luby then alleged that the action taken by the Council during the Workshop Meeting removing him from office and elevating Mayor Pro Tem Gabe Lozano, Sr., to the office of Mayor was illegal. He also requested a copy of the agenda for the Workshop Meeting. City Secretary Read replied that he did not have the minutes of the Work- shop Meeting or a tape recording of the first few minutes of the meeting but pre- sented Mr. Luby with a copy of the agenda for the Workshop Meeting and informed him that the emergency notice of the item calling for the appointment of a Mayor Pro Tem had been,propeily;posted by one of the secretaries in his office at approximately MICROFILMED. SEP 0 31980 Minutes Regular Council Meeting February 8, 1978 Page 2 10:30 a.m. February 8, 1978 on the official bulletin board and both doors to the Council Chamber. Mr. Luby expressed the opinion that proper public notice of the actions taken to remove him from the office of Mayor and promote Mayor Pro Tem Lozano to. that position had not been made. City Attorney J. Bruce Aycock stated that posting such public notice was not necessary because the City Charter provides in Article VI, Section 11, that "if any officer or employee of the City shall file as a candidate for nomination or election to any public office, except to some office under this charter, he shall immediately forfeit his office or employment." Mr. Aycock pointed out that Mr. Luby had filed for another public office, at which time he automatically vacated the office of Mayor. City Attorney Aycock emphasized that according to the City Charter, when a vacancy exists in the office of Mayor, the Mayor Pro Tem shall immediately become the Mayor; therefore, it is not necessary that a public notice be posted. Mr. Luby took exception to this legal opinion; referred to the first item under Discussion Items on the morning Workshop agenda, which called for Council discussion of current concerns and events; and stated that this was a vague sub- ject and did not cover the appointment of a new Mayor. He then asked by what authority the Council removed him from office. City Attorney Aycock replied that Mr. Luby had removed himself from office when he filed for the office of Congressman for the 14th Congressional District. Mr. Luby then pointed out that Mr. Lozano had resigned his position as Council Member of Councilmanic District 3 during this morning's meeting and is no longer a member of the Council. City Manager Townsend explained that according to the provisions of the City Charter, when a vacnacy exists in the office of Mayor, the Mayor Pro Tem becomes the Mayor, and must subsequently resign his office as Council Member. City Attorney Aycock reminded Mr. Luby that in this morning's Workshop Meeting, he stepped aside from the office of Mayor. Minutes Regular Council Meeting , February 8, 1978 Page 3 Mr. Luby then read the following statement, which he had also read during the Workshop Meeting: "I do not agree with the provisions of the City Charter. It is my feeling that the provision dictated by the charter in reference to automatic resignation is unconstitutional. If the Council wishes to dispossess me and does so properly and appoints my successor, I will accede to that action; however, reserving the opinion that the action taken is unconstitutional and of no force and effect." Mr. Luby reiterated that the Workshop Meeting was not a legal meeting and the actions taken were improper.and again referred to the fact that Mr. Lozano is no longer a member of the Council. Council Member Diaz stated that Mr. Lozano's resignation that was tendered this morning was perfunctory in order for him to assume the office of Mayor. In regard to Mr. Luby's concern about the absence of a taped recording of the meeting this morning, Mr. Diaz informed him that a tape was made by a Council Member, and it is available. Council Member Diaz pointed out that Mr. Luby had very graciously accepted the dictates of the actions taken this morning and questioned his concern about the legality of the proceedings at this time. Mr. Luby stated that the actions taken this morning were not official because no law is made during Workshop Meetings; this is done during Regular Meetings. Mr. Luby then declared that he is objecting to his removal from office and is seated at the Council Table to protect the rights of the citizens of Corpus Christi. City Manager Townsend stated that the Workshop Meetings of this Council are just that, and the actions taken this morning could have been done at any time, because as the City Attorney pointed out, the actions taken were self- acting. Council Member Diaz questioned Mr. Luby as to how he could say that Mr. Lozano had resigned from the Council and yet contend that none of the actions taken this morning had any validity. Mayor Lozano pointed out that when Mr. Luby filed for another public office, he was automatically removed from the office of Mayor. Minutes Regular Council Meeting February 8, 1978 Page 4 Mr. Luby expressed the opinion that the City Charter is unconstitutional and out of date and pointed out that Lyndon B. Johnson and Lloyd Bentsen both ran for the office of President while retaining their Senate positions and men- tioned several other citizens who are currently holding public office who are running for other offices. Council Member Sample indicated that all of those statements may or may not be true but that he did not feel that the Council Members should make a mockery of the City Charter which all of them had promised to uphold when they took the oath of office to become Council Members. He also suggested to Mr. Luby that if he had a question about the law, the place to test it is in the court -- not here in the Council Meeting. Mr. Luby stated that the Council did not hire him, and they could not fire him. Council Member Diaz pointed out that the public officials that Mr. Luby had mentioned did not take an oath to uphold the City Charter of the City of Corpus Christi. Mr. Diaz also reminded Mr. Luby that he had taken an oath to uphold the City Charter, and it is this Charter that guides the Council Members and binds them. Council Member Gill inquired of Mr. Luby if he wanted the Council to go through the same steps that they had taken that morning. Mr. Luby again stated that the actions taken this morning were not legal and that he is still Mayor. Mayor Lozano suggested that they continue with the next item on the agenda which deals with the appointment of a Mayor Pro Tem. Motion by Diaz that the events that transpired this morning during which time Mayor Pro Tem Lozano ascended to the office of Mayor be confirmed. Mr. Luby stated that he will not accept that motion. Mayor Lozano stated that he would accept the motion, and the motion was seconded by Council Member Gulley. Mayor Lozano called for the vote on the motion and it passed unanimously. minutes. • - Regular Council, Meeting February 8, 1978 Page 5 Mr. Luby declined to vacate the Mayor's chair, and Mayor Lozano stated that he did not know how he wanted to be removed. City Manager Townsend inquired of Mr. Luby if he was asking to be physi- cally removed from the table, and Mr. Luby indicated that this was the only way he would depart the Council Table. (A police officer of the City who was on duty in the Council Chamber came forward and escorted Mr. Luby from the Council Chamber.) " Mayor Lozano apologized for the events that had just occurred and stated that it was unfortunate that this could happen in a City of this size. Mayor Lozano then read the following statement: "Tomorrow I will celebrate my 69th birthday, and as I look back on these three score and nine years of my life, I do so with gratification and thanksgiving - grateful to the Almighty for his bountiful blessings and thankful for a wonderful wife, a dear and lovely family, and for the many friends who have entrusted to me responsibility of leadership in this community. "Today marks the beginning of a new experience for me, and I accept it with pride and humility. I am proud to be the first Mexican -American Mayor of this great City, and I am humbled by the knowledge that it could happen only in America, but I hope that the balance of this term of office will not only be remembered for this honor to me, but rather, that it be remembered for the goals and achievements that I know are possible. "I look forward to the challenge of restoring unity to this Council, of working with each Council Member and with the staff in a cooperative effort to bring harmony and prosperity to our City. It is my hope that my thirteen years of experience on the Council will guide me in the per- formance of my duties as Mayor. I would ask for your prayers and support in helping me serve as the leader of this Council and in performing the awesome tasks that are confronting us at this time. "From this day forward - and I am certain that the other members of the Council join me on this - I wish to assure the other governmental enti- ties, the appointed boards and commissions, and all other groups and organizations, the total support and cooperation of this Council in achieving our common goals. "Let's not look to the past, for we cannot change it. Let us look to the future and surprise ourselves by what we can accomplish if we really try. "Again, I would like to thank you for this privilege of serving as Mayor, and I promise that I shall do everything in my power to merit your confidence." Mayor Lozano then introduced members of his family who were present in the audience. Minutes Regular Council Meeting February 8, 1978 Page 6 Mayor Lozano stated that the next order of business was the appointment of a Mayor Pro Tem. Motion by Gulley that the Council go into closed session to discuss the appointment of Mayor Pro Tem; seconded by Sample; and passed unanimously. City Attorney Aycock cited the authority for such closed session as Article 6252-17, Section 2, of V.A.C.S. The Council then went into closed session at 2:40 p.m. Mayor Lozano reconvened the Regular Council Meeting at 2:55 p.m. Mayor Lozano asked the Council if they were ready to make a motion on the Mayor Pro Tem. Council Member Diaz made a motion that Bob Gulley be made Mayor Pro Tem; Council Member Holt seconded the motion. Council Member Gill stated that she would like to make a nomination — Mr. Sample — inasmuch as Mr. Sample received the most votes of any of the other Council Members in the Runoff Election, and observing and following tradition, stated that she would like to nominate Mr. Sample for Mayor Pro Tem. Council Member Sample moved that the nominations be closed and the vote be taken. Mayor Lozano stated that a motion has been made that the nominations cease, and the two names submitted were Mr. Bob Gulley and Mr. Edward Sample. He then called for the vote for Mr. Bob Gulley for Mayor Pro Tem. Several voices said "Aye." Mayor Lozano called for the vote against the motion. Council Members Gill and Sample voted "No." Mayor Lozano stated that he did not think there was any need to call for the Sample vote, as there are only two votes against this motion. He noted that Mr. Gulley had a majority, so he declared Mr. Bob Gulley as Mayor Pro Tem. Council Member Sample read the following statement: "I have always tried to conduct myself in a professional and respectful manner. I have done my best to be fair to all segments of this community. Minutes Regular Council Meeting February 8, 1978 Page 7 "I have served on this Council for the past three years and feel that I should be considered for Mayor Pro Tem. "Historically, for more years than not, the Mayor Pro Tem has been selected on the highest number of votes in the last election. In the last election, I received 22,197 votes, which was 6,475 more than my opponent; whereas, Council Member Gulley received 19,183 votes which was only 725 more than his opponent. Mayor Lozano received a total of 22,280 votes, which is only 83 more votes that I received in the last election; therefore, I feel that I should have been the next person in line for Mayor Pro Tem, but a person cannot always win every- thing he deserves. "I would like to close by quoting the following scripture from Genesis 13:7-8 of the Bible: 'And there was a strife between the herdsmen of Abram's cattle and the herdsmen of Lot's cattle; and Abram said unto Lot, Let there be no strife, I pray thee, between me and thee, and between my herdsmen and your herdsmen, for we be brethren."" Mayor Pro Tem Gulley thanked the Council for appointing him Mayor Pro Tem and assured them that he would help the Mayor and back him up in any way that he could for the'progress of the City. Mayor Lozano announced the consideration of appointments of Municipal Court Judges. City Manager Townsend reminded the Council that he understood that they had agreed to reappoint Judge Joe Alsup as Presiding Judge of Court A; Judge 0. E. Cannon, Presiding Judge of Court B; and Judge Jose Gonzales, Presiding Judge of Court C. Mayor Lozano indicated that these judges are his choices for reappointment, Motion by Diaz, seconded by Sample, and passed unanimously that the fol- lowing appointments be confirmed: MUNICIPAL COURT JUDGES Terms to Expire Judge Joe Alsup Judge 0. E. Cannon Judge Jose Gonzales April, 1979 April, 1979 April, 1979 Mayor Lozano stated that the next item on the agenda was a presentation by Mr. Harry Hoag. Mr. Hoag presented the Council with copies of the text of his address in regard to the alleged improper installation of gas lines in Gulley's Mobile Home Minutes Regular Council Meeting February 8, 1978 Page 8 Park at City expense and charged that Council Member Bob Gulley and City Manager Marvin Townsend had violated the City Charter,and the City's Platting Ordinance by installing such lines. Mr. Hoag contended that Council Member Gulley should reimburse the City for the gas lines and meters installed in the amount of $9,828.90. He further expressed the opinion that the operation of the gas com- pany of the City of Corpus Christi should be Railroad Commission and Gulley's Mobile Home under the jurisdiction of the Park should be covered by the of the Railroad Commission. Mr. Hoag also charged that many of the mobile Texas rules home sites in Gulley's Mobile Home Park have City installed and owned gas mains and services with meters so located that such lines lie under the mobile homes; these gas mains create a highly rated hazard; and such locations of gas mains under mobile remove homes are aiolations of Texas law. In summation, Mr. Hoag requested that immediate action be undertaken to and correct any violations of the Cox Act existing in Gulley's Mobile Home Park; that all occupancy over oil and/or gas lines be eliminated and forbidden; that Mr. Gulley, et ux, be required to reimburse the City of Corpus Christi for at least $9,828.90 for the 163 services and meters; and that City Manager Townsend be either discharged or severely reprimanded and instructed to see that no such discriminatory action shall ever be permitted in the future. Mayor Lozano stated that the Council has received correspondence several times on this matter; he had questioned City Manager Townsend to ascertain whether or not the alleged violations had been committed; and he had been assured by City Manager Townsend that the violations had not occurred. City Manager Townsend explained that the matters presented today by Mr. Hoag are the same charges that have been called to the attention of the Council several times; the charges are the topic of a lawsuit; and reminded the Council that a public hearing before the Council had been held some time ago, during which time, the attorney involved in the matter had been allowed approximately three hours to present the case against Mr. Gulley and the City. Mr. Townsend reminded the Council that during this public hearing, no evidence of any wrong- doing on the part of Mr. Gulley or the City was presented by Mr. Mike Williams, Minutes Regular Council Meeting February 8, 1978 Page 9 Attorney for the plaintiff. City Manager Townsend stated that the only code with which the City must comply in regard to the installation of gas lines is the Southern Standard Plumbing Code, and the Texas Railroad Commission has no inter- est in this matter. City Manager Townsend further stated that the only violation that had occurred in this matter was the question of the platting of one lot; the plat of this lot is in the process of being finalized and is before the Planning Com- mission at this time for approval. Mr. Townsend emphasized that these allega- tions need to stop at some point and suggested that if Mr. Hoag still feels that violations have occurred, that he pursue the matter in court. Mayor Pro Tem Gulley pointed out that the matter has been to court once, and the party filing the complaint had been told to present the matter to the City Council; it has been before the Council, and no evidence of wrongdoing had been presented. Mr. Gulley stated that he did not know why Mr. Hoag was conduct- ing this vendetta against him, but expressed the opinion that it was very time consuming for the Council and suggested that the complaining parties take the matter back to court. Mr. Hoag reiterated that the gas installations are under the jurisdiction of the Railroad Commission. Mayor Pro Tem Gulley stated that he had talked with officials of the Railroad Commission, who had informed him that this matter is of no concern to them. Motion by Diaz that the charges brought by Mr., Hoag be taken under advisement and responded to within 15 days; seconded by Holt; and passed unani- mously. * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that bids be received at 11:00 A.M., Tuesday, February 28, 1978 for 13 lateral filing cabinets for various City departments. Minutes Regular Council Meeting February 8, 1978 Page 10 b. Recommendation that bids be received at 11 a.m., Tuesday, February 28, 1978 on 1977-78 requirements of motor vehicles as follows: standard sedans with air conditioning and police package compact sedans with air conditioning and police package compact sedans with air conditioning compact sedans without air conditioning and 1 additional subcompact sedans with air conditioning and 1 additional subcompact sedans without air conditioning 1/2 ton window vans, 1 with and 1 without air conditioning 3/4 ton window vans without air conditioning 1 ton panel vans with air conditioning 1/2 ton compact pickup truck and 4 additional 1/2 ton pickup trucks 3/4 ton pickup trucks and 3 additional 10,000 GVW (groes vehicle weight) cabs with 60" cab axle 27 replacement 8 replacement 6 replacement 2 replacement 3 replacement 7 replacement 2 replacement 3 replacement 2 replacement 1 replacement 23 replacement 2 replacement 2 replacement and chassis 17 replacement and 1 additional 20,000 GVW cabs and chassis with cab axles from 60" to 138" 4 replacement 23,000 GVW cabs and chassis with cab axles from 60" to 138" 9 replacement 27,500 GVW cabs and chassis with cab axles from 84" to 138" Of the 128 vehicles, 10 are additional. Additional cars include one for the Convention Center Manager and one- for Neighborhood Improvement. Additional trucks include one for the Water Division to allow an increased exchange of water meters to reduce unaccounted for water, six for Wastewater Services for additional personnel for the Flour Bluff -Padre Island plants and line and lift station maintenance and one for Park Maintenance to be used in collecting park trash. c. Recommendation that plans and specifications for electrical wiring required for installing lighting equipment at the Auditorium be approved and bids be received on March 8, 1978. The electrical wiring and associated work is to be done concurrently with the two lighting contracts recently awarded to Strand Century, Inc. and Pran Lighting International for equipment. The specifications include two chandeliers, one at the main entry level and one at the concession level on the third floor. d. Recommendation that the Corpus=Christi Museum Air Conditioning Improvements project be accepted and final payment of $1,925 be made to L & M Metal Fabricators. The project included the installation of diffusers, return air grills and some minor duct work at the north wing of the Corpus Christi Museum. e. Recommendation that the following actions be taken regarding construction of water lines in Flour Bluff Drive and Yorktown Boulevard. (1) Plans be approved and the project be authorized for construction by the City Water Division. The plans include extension of a 12" water main in Flour Bluff Drive from near Ramfield Road to Yorktown Boulevard and an 8" water line in Yorktown Boulevard from Flour Bluff Drive westward 1280'. (2) A policy for assessing the cost of the improvements against the benefited abutting owners be approved. The proposed policy assesses the owners for 90% of the cost of an 8" line plus Engineering. (3) That the preliminary assessment roll be adopted and a public hearing be set for 3:00 p.m., March 1, 1978 in the Council Chambers. The assessments are estimated to be $22,797.60 on 8 parcels. Minutes Regular Council Meeting February 8, 1978 Page 11 f. Recommendation that the contract for sealing the walls of the Art Museum of South Texas be awarded to Sermac of South Texas for $12,700. The Company submitted the only bid which exceeded the estimate by $5,200. Checking with contractors who did pot bid indicates that rebidding would not produce a lower bid. g.: Recommendation that a contract be approved with Mr. Craig Gibbs for the creation of a six foot corten steel sculpture,. stylized from an original pre-Columbian design on the basis of his proposal submitted in the Cooper's Alley sculpture for $3,000. h. Recommendation that the lease agreement with Braniff Airways covering the rental of space at Corpus Christi International Airport be amended to provide the use of 2,000 square feet of space at Gatehouse 3 and 4 on a non-exclusive basis for the accommodation and processing of passengers. Braniff will enlarge the existing structure by 660 square feet; enclose, heat, and air condition it at their expense; and pay a fee of $2.83 per square foot per annum for janitorial and maintenance services. This is the same fee as charged tenants for similar services in the tower building. Tejas will share the gatehouse with Braniff. i. Recommendation that an application be submitted to the Texas State Library to continue La Retama Public Library system membership and designation as a Major Resource Center for September 1, 1978 to August 31, 1979. Membership makes La Retama eligible to receive Interlibrary Loan grant funding and to apply for grant funding of the South Texas Library System Services. These activities benefit the residents of Corpus Christi and the other residents of the twenty-six county system area by providing library services which supplement those of the individual system member libraries. j• Recommendation that the City Code be amended to prohibit the parking of any vehicle in any park or parkway, or median strip or in any place not intended or designed for the operation of vehicles. The Code currently prohibits the driving or operation of a vehicle in the same circumstances. The Park and Recreation Board so recommends. k. Recommendation that the Land Drilling Ordinance be amended to clarify that forced pooling may be done on a minimum one-eighth royalty. The existing wording appears to limit the royalty to one-eighth whereas the intent and past practice has been that the one-eighth is only a minimu. The amendment would allow the mineral owner to obtain a royalty greater than one-eighth if such can be negotiated with the producer. The Land Drilling Ordinance requires the unitization of minerals within each of the City's 40 -acre drilling blocks before a drilling permit can be issued. The owner or lessee of 50% or more of the minerals within a block can force pool the remaining mineral interests. The minority mineral owners have three options under the ordinance if they are forced pooled by the majority owner or lessee: 1. A mineral lease can be negotiated with the majority owner or lessee with a royalty of one-eighth. 2. The minority owner can participate as an "active operating interest owner" in which case he pays his proportionate share of all drilling and operating costs and receives his proportionate share of the production based on his share of the acreage in the drilling block. 3. The minority owner can participate as a "carried interest owner". In this case, he does not have to participate in the drilling and operating costs of the well and does not receive his proportionate share of the production until production from the well exceeds two times the cost of drilling and -operation. Minutes Regular Council Meeting February 8, 1978 Page 12 1. Recommendation that $221,962 be appropriated from the Anti -Recessionary Fiscal Assistance Fund for contribution to the General Fund as estimated in the 1977-78 Budget. The Budget estimated $650,000 from Anti -Recessionary Funds for support of the General Fund. The additional appropriation of $221,962 will provide a total support of the General Fund to date of $677,819. This is the third payment received this fiscal year. m. Recommendation that the request of the American Federation of State, County and Municipal Employees that they be granted the ability to collect dues by payroll deduction not be approved. The association has provided 706 form requests indicating that they represent employees for the purpose of presenting grievances and asking for dues check -off. The State Law does not allow cities to recognize Unions for any purpose except presentation of grievances and, in that case, only on an individual basis. Historically, the City has not made its payroll system available to anyone who wanted to use it to collect dues, insurance premiums, or any similar type of monthly payments. Any type of regular deduction soon is looked upon by the employee as no longer being part of his salary and thus the City encourages the employee to put some type of regular payment ahead of the costa over which he has some control such as housing, food, and health. n. Recommendation that a grant application be submitted to the Texas Depart— ment of Community Affairs for a Young Adult Conservation Corps Program for $150,000. The six-month program, which would be 100% funded by the Depart- ment, is similar to the Youth Conservation Corps Program and would involve 22 out-of-school youth 16-23 years old. The youth will work in Nueces River Park, constructing a shelter and barbeque, approximately 25 camp units, widening and resurfacing the park road and surfacing the parking areas for the picnic sites. o. Recommendation that a Title VI CETA work site agreement be approved with the Texas Employment Commission for three Personnel Technician II's, Grade 16, to provide TEC with additional Title II and Title VI certification and referral capability. The positions will be funded through September 30, 1978. p. Recommendation that the City Code be amended so as to not require members of City Boards and Committees to resign upon announcing for any political party office such as Precinct Chairman or County Chairman. In connection with Item "b", which concerns bids on motor vehicles, City Manager Townsend stated that although the City will not order for the County, bids will be received by the City for seven vehicles for the County, which makes a total of 135 items on which bids will be received. Council Member Diaz expressed concern about this item. City Manager Townsend informed him that most of these are replacement vehicles; all of the City vehicles are included in this recommendation; and presented to the Council copies of the list which indicated the department in which each vehicle will be used. In regard to Item "e", City Manager Townsend explained that the proposed assessments for construction of water lines will be patterned after the assessments Minutes Regular Council Meeting February 8, 1978 Page 13 levied against property owners for pavement, curbs, gutters, sidewalks and drive- ways in connection with street improvements; a public hearing on the preliminary assessments must be conducted; no bids will be received for this work, because City Water Division crews will perform the work. In regard to Item "n", City Manager Townsend informed the Council that this program is similar to the Youth Corps Summer Program in which the City has participated for two or three years. He explained that this Young Adult Conser- vation Corps Program will provide employment for young people who are not in school. Mr. Townsend also stated that the program has not been completely worked out by the Park and Recreation Department, but there is a need to apply for the grant as soon as possible. Council Member Diaz commented that there is a need to improve Nueces River Park because of the number of visitors who use this park. Council Member Gill inquired if this program would provide employment for local youth. Mrs. Phyllis Burson, Director of Community Enrichment, replied that there are two options under the program, and the City is applying for the non-residential funding, which would allow for employment of 22 young people, 4 staff members, and funds for materials and supplies. She also stated that local youth will be employed; therefore, housing will not be required. In further reference to Item "e" in regard to the water lines in Flour Bluff Drive and Yorktown Boulevard, Council Member Sample requested copies of the elevation drawings of the water lines. City Manager Townsend informed Mr. Sample that the City forces do not always prepare elevation drawings prior to construction. Mr. James K. Lontos, Director of Engineering and Physical Development, stated that normally the lines are buried about three feet deep, and they will have "as built" plans following completion of construction. Council Member Sample stated that he would like to have a copy of the "as built" plans as soon as they are available, and Mr. Lontos assured him that Minutes Regular Council Meeting February 8, 1978 Page 14 he will be provided a copy of such plans following completion of construction. In connection with Item "i", which recommended that an application be submitted to the Texas State Library to continue La Retama Public Library system membership, members of the Library staff showed a 5 -minute film which explained the services available at the local libraries. Mayor Lozano deviated from the order of the agenda at this time and pre- sented a proclamation to Mr. Louis Wilmot declaring February 12 through 18, 1978 as "LULAC WEER." * * * * * * Mayor Lozano called for discussion from the audience on the City Manager's Reports. In regard to Item "m", which recommended that the request of the American Federation of State, County and Municipal Employees that they be granted the ability to collect dues by payroll deduction not be approved, Mr. Oscar H. Reyna, 4325 Honduras, member of Steel Workers Local 4813, appeared on behalf of public employees speaking in support of this request. Mr. Reyna stated that he repre- sents 790 City employees who have signed cards indicating that they are interested in forming a City employees union. Mr. Reyna then introduced Mr. Henry Munoz, AFSCME organizer. Mr. Munoz informed the Council that additional cards had been signed by City employees indicating a desire to join the union, making a total of 796 who have expressed interest in a union. Mr. Munoz pointed out to the Council that union organizers conducted a convention in the City of Corpus Christi in 1968, at which time a group of City employees petitioned for membership in the Texas AFL; when the organizers departed the City, a local attorney persuaded some City employees to go on strike, but the AFL had nothing to do with this action. Mr. Munoz emphasized that the practice of dues checkoff is not new; this is being done in a number of cities in Texas; the law states that it must be voluntary; and it is the Council prerogative to approve of the collection of Minutes Regis),.: Council Meeting February 8, 1978 Page 15 dues by payroll deduction. He stated that City Manager Townsend has recommended against the dues checkoff but pointed out that the City has approved payroll deductions for United Way, insurance, credit union, etc., and presented the Council with a copy of a City employee's check stub. Mr. Munoz contended that to oppose dues checkoff is discriminatory. Mr. Munoz further stated that the union organizers represent the working people at their request through petition. He denied that union organizers had approached City employees on City property in order to enlist members for the union. He reiterated that membership in the union is voluntary and estimated that over 1,000 City employees will become members of the union. In regard to the expenditure of the union dues, Mr. Munoz explained that funds will be allocated from this source for office space, office equipment, salaries for a secretary and two union representatives, stating that only about $2.00 from the $8.00 per month dues for each employee will be directed to the national headquarters of the union. Speaking next on this matter and urging approval of union dues checkoff was Mr. Louis Peronis, formerly a City firefighter and currently staff repre— sentative of the National Association of Firefighters. Mr. Peronis mentioned that many times in the past, before collective bargaining had been approved for the firefighters and police officers, the firefighters had requested approval of dues checkoff, and they were frequently told that this request could not be approved because this would not be fair to other City employees. He pointed out that dues checkoff for firefighters and police officers had been approved as a part of the collective bargaining agreement, is in effect at this time, and questioned the opposition to dues checkoff for other City employees. Mr. Peronis urged that the dues checkoff be approved by the Council, because it is his feeling that the public employees union No. 99 is here to stay. Mayor Lozano referred to the statement of Mr. Peronis in regard to the reason given by him for the City's not granting the dues checkoff for fire— fighters and police officers, stating that he had been a member of the Council Minutes Regular Council Meeting February 8, 1978 Page 16 for many years, and he did not recall at any time the excuse being given that appro- val of dues checkoff for firefighters would be unfair to other City employees. City Manager Townsend also emphasized that he had never made such a state- ment. Mr. Warren Weir, Attorney for the union, addressed the Council and stated that historically, the Firefighters Association and the Police Officers Associa- tion have dues checkoff, and when a privilege is granted to one group, then the same privilege of dues checkoff should be granted to other City employees. Mr. Weir expressed the opinion that there seems to be a policy in this City of favor- ing the firefighters and police officers. He stated that legally, the Council has the authority to grant approval of the dues checkoff and again pointed out that this is being done in a number of other Texas cities. Mr. Reyna presented to the City Secretary a petition containing 2,978 sig- natures of citizens of Corpus Christi which urged the City Council to pass an ordinance authorizing the adoption of a program whereby upon written consent of any City employee, a stipulated amount will be withheld from his/her monthly salary or wages earned and to be forwarded to Public Employees District Council No. 99 of the American Federation of State, County and Municipal Employees, AFL- CIO in payment of membership dues. Mr. Reyna explained to the Council that they feel that employees of the City have the right to belong to the union; the organizers have explained the purpose of the dues; assured the Council that employees have signed the member- ship in the presence of witnesses; and indicated that there is a need for a union because City employees do not know where to go when they have a grievance, and the union will provide assistance for them. Mayor Lozano stated that the City employees do have the right to belong to a union, and that he does not believe that the Council has indicated that they do not. Mr. Reyna stated that in order for a union to survive, the dues checkoff is necessary because employees will not contribute dues voluntarily on a regular basis. Minutes Regular Council Meeting February 8, 1978 Page 17 City Manager Townsend inquired if the employees have voluntarily signed the cards to participate in the union, why are the organizers so concerned about dues checkoff? Mr. Reyna replied that the employees have signed the cards, but no actual dues have been collected, and historically, people will just not pay dues on a regular basis. Mr. Reyna then introduced the officers of the union. Speaking in opposition to the approval of dues checkoff was Mr. Mike Kendrick, who stated that he is appearing as a taxpayer and concerned citizen. Mr. Kendrick stated that he has been certified by the State of Texas to practice labor law and informed the Council that ordinarily, dues checkoff is not approved until a company or municipality recognizes the existence of a union. He further stated that he objects to the Council doing anything to recognize the union until the law states that City employees can appear for the purpose of collective bar- gaining. He expressed the opinion that if dues checkoff is approved, the Council will be in a position of subjecting themselves to collective bargaining. Mr. Kendrick further stated that collection of dues is the business of the union - not of the City. He referred to a letter to the Editor that appeared in the Corpus Christi Caller -Times in which the writer referred to major cities that have become bankrupt because of the necessity of conducting collective bargain- ing with unions. Council Member Gill stated that she will vote "No" on this item because she would like to respond positively to the 796 employees who have indicated an interest in a union in order to voice their grievances. She stated also that she has felt that the Council has not responded well to City employees who have grievances and that she does not feel that allowing dues checkoff will necessarily mean collective bargaining will be involved. City Manager Townsend informed the Council that in a meeting with Assistant City Manager Archie Walker, Mr. Munoz had stated that salaries of employees would be considered as grievances and such consideration would be similar to collective bargaining. Minutes Regular Council Meeting February 8, 1978 Page 18 Council Member Diaz suggested that the grievance procedure be included on the agenda for the Council's weekend workshop. City Manager Townsend pointed out that the 796 employees who have signed cards indicating interest in the union represent approximately one-third or one-fourth of the 3,400 employees with the City. There was no further discussion on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "p" be accepted; seconded by Sample; and passed by the following vote: Lozano, Gulley, Diaz, Holt and"Sample voting "Aye" on all of the items; Gill voting "Aye" on all of the items with the exception of Item "m", on which she voted "Nay." * City Manager Townsend presented to the Council copies of the compilation of the subjects that have been tentatively scheduled for discussion during the weekend workshop and requested that they advise him of any changes or additions that they desired. * * * * * * Mayor Lozano announced public hearings on two zoning applications. City Manager Townsend announced the public hearing on Application No. 1277-11, Corpus Christi Theaters, Inc., for a change of zoning from "R -1B" One - family Dwelling District to "B-4" General Business District on a 5.0± acre tract of land out of Lot 14, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Padre Island Drive approximately 550' east of Daly Drive. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend denial of "8-4" but in lieu thereof a special permit be approved for an Aqua Thrillway recreational ride subject to the approved site plan. He stated that in response to the notices of the public hearing, none either in favor or in opposition had been returned. Mr. Townsend passed to the Council a copy of the site plan that was approved by the Planning Commission. He also reminded the Council that a com- plaint had been registered recently in regard to whether or not this type of Minutes Regular Council Meeting February 8, 1978 Page 19 facility should be properly allowed under "B-4" zoning, pointing out that athletic fields are allowed under "B-4" zoning, but "I-2" zoning is the proper zoning for an amusement park. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides•of the area, and stated that five acres are allowed for this facility and related parking. City Manager Townsend pointed out that this facility seems to be more nearly classified as an athletic use than the facility discussed recently which involved a skateboard track and a rotating basketball court. He suggested that it might be in order to determine if the applicant is willing to accept a special permit. Mr. Bruce Collins, Jr., Vice President of Corpus Christi Theaters, Inc., stated that this property will be leased for the installation of the Aqua Thrillway facility, but that he understood that the special permit would be acceptable to the operators.who plan to lease the property. Mr. Robert Howle, representative of the company that operates the proposed facility, stated that he would be glad to answer any questions from the Council. Council Member Holt inquired if all of the property at this location will be used for the facility. Mr. Howle replied that the company has planned parking areas and approx- imately one-fourth of the property will be left vacant for future use. Council Member Diaz inquired about the price of the ride, and Mr. Howle replied that the usual charge is $2.00 per hour. Mr. Howle also mentioned that similar facilities are located in many cities. City Manager Townsend informed the Council that City staff members will inspect the facility periodically to be sure that the water used is kept clean, etc. Council Member Gill inquired about the possible future use of the portion of the property that is to remain vacant at this time, and Mr. Wenger stated that any future development would have to be approved by the Council, noting Minutes Regular Council Meeting February 8, 1978 Page 20 that if a special permit is approved, it would apply only to the site plan that has been approved. Speaking in opposition to this change of zoning was Mr. A. C. Johnson, 7117 Southhaven, who expressed the opinion that zoning laws should be for the protection of the citizens from objectionable uses, and "B-4" zoning specifies that such a facility as the proposed Aqua Thrillway cannot be constructed under that zoning. Mr. Johnson also stated that there is no zoning for this type of facility, and while there may be a need for this, he suggested that it be located in a properly zoned area with "I-2" zoning already in existence. He requested that the Council not approve a special permit for this use. City Manager Townsend stated that the staff feels that this is an athletic type of facility to be located on a large piece of property and is different from the facility that Mr. Johnson has previously objected to. Mr. Johnson indicated that he did not feel that this is an athletic field but instead is a type of facility for amusement, which is not allowed under "B-4" zoning, and again suggested that it be located elsewhere. Mayor Lozano pointed out that this is not proposed to be located in a resi- dential area but is to be located on Padre Island Drive, which is primarily zoned for business. Council Member Gill expressed concern about this location near the exit from the freeway and asked if the speed limit will be reduced at that location. City Manager Townsend informed her that if traffic warrants a reduction of the speed limit, this may be done at a later date. Mr. Collins stated that the tract of land is located one to two blocks away from the exit from the freeway. Also speaking in opposition to the change of zoning or the approval of a special permit was Mr. W. T. Mizzell, Jr., 7113 Southhaven, who also expressed the opinion that the proposed facility is an amusement park and asked the Council not to approve the special permit. Mayor Pro Tem Gulley pointed out that the only property owner in the vicinity is the owner of the driving range, and this owner had not objected to it. Minutes Regular Council Meeting February 8, 1978 Page 21 Mr. Howle explained that this particular location was chosen because of its proximity to the traffic flow from the beach; stated that the operators had discussed the location with Traffic and Transit staff members; those staff mem- bers had recommended, and the operators had agreed to, the installation of two entrances and one exit. Mr. Howie also stated that there is no such thing as water slide zoning anywhere in the United States; therefore, the special permit is the only zoning that could be granted. Mr. Howie expressed the feeling that the facility would be an asset to the community. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. City Manager Townsend noted that Mr. Ernest Wranosky of the Planning Com- mission was present to represent that Commission and that Mrs. Rosa Gonzales was also present. Mayor Lozano inquired if either of them had any comments to make in regard to this application. Mr. Wranosky stated that the recommendation to grant a special permit for this application was a unanimous decision by the Planning Commission; traffic was considered, and they felt that the divided highway would provide good access to the proposed facility. Motion by Gulley that the Council accept the recommendation of the Plan- ning Commission and "B-4" zoning be denied, but in lieu thereof, a special permit be approved for an Aqua Thrillway recreational ride; seconded by Sample; and passed unanimously. For the record, City Manager Townsend informed the Council that a public hearing had been set for this date on Application No. 178-1, Dr. Donald Rhodes, but the applicant had withdrawn the application prior to the publication of the public hearing notice and the mailing of the notices to the affected property owners. * * * * * * City Manager Townsend announced the public hearing on Application No. 178-2, Mr. Darryl Earwood, for change of zoning from "R -1B" One -family Dwelling Minutes Regular Council Meeting February 8, 1978 Page 22 District to "B-4" General Business District on a portion of Lot 12-A, Block 3, Highway Village Unit 1, located on the north side of Leopard Street approxi- mately 300' west of Charles Drive. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval. City Manager Townsend advised the Council that in response to the notices of the public hearing, two in favor and one in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. No one spoke in opposition to this application. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the recommendation of the Planning Commission be accepted and the zoning be changed from "R -1B" to "B-4"; seconded by Holt; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. There was no discussion on the ordinances, and City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14164: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF THE FOLLOWING AREAS, BY THE CONSTRUCTION OF A WATER MAIN AS FOLLOWS: 1. Flour Bluff Drive, a 12 -inch diameter line from the existing water main near Ramfield Road southwestward 1,920 feet on the west side of the inter- section with Yorktown Boulevard; 2. Yorktown Boulevard, an 8 -inch diameter line from the Flour Bluff Drive intersection westward 1,280 feet on the north side of Yorktown Boulevard, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA- TIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; 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 and Sample voting "Aye." Minutes Regular Council Meeting February 8, 1978 Page 23 FIRST READING: AMENDING THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BRANIFF AIR- WAYS, INC., AUTHORIZED BY ORDINANCE 13019, DATED FEBRUARY 11, 1976, SO AS TO PROVIDE FOR THE LEASE OF 2,000 SQUARE FEET OF SPACE ON A NON-EXCLUSIVE BASIS AT GATEHOUSE 3 AND 4 AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE ACCOMMODATION AND PROCESSING OF PASSENGERS, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF SAID AMENDMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." FIRST READING: 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 first time and passed to its second read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMEND- ING 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, PARR OR OPERATE ANY VEHICLE, AS DEFINED IN VERNON'S CIVIL STATUTES, ARTICLE 6701d, IN ANY PARR 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 first time and passed to its second read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." THIRD READING - ORDINANCE NO. 14166: AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS BY AMENDING ARTICLE FIVE, SECTION 8: RESIGNATION, SO AS TO REQUIRE THAT, FOR ALL RESIGNATIONS RESULTING FROM UNAUTHORIZED ABSENCES OF THREE OR MORE CONSECUTIVE WORK DAYS, WRITTEN NOTI- FICATION WILL BE SENT TO THE AFFECTED EMPLOYEE AT THE LAST ADDRESS SHOWN IN THE PERSONNEL RECORDS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING SEVERANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." ORDINANCE NO. 14167: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. CRAIG GIBBS FOR THE CONSTRUCTION OF A DISC SCULPTURE FOR LOCATION IN THE COOPER'S ALLEY TRAFFIC ISLANDS FOR $3,000, A SUBSTANTIAL COPY OF THE AGREEMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND INCORPORATED HEREIN; 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 and Sample voting "Aye." Minutes Regular Council Meeting February 8, 1978 Page 24 ORDINANCE NO. 14168: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY ADOPTING CERTAIN NEW PROVISIONS, DESIGNATED AS SECTION 55-74, SO AS TO ADOPT A POLICY ON WATER MAIN EXTENSION ASSESSMENTS, ESTABLISHING A METHOD OF COMPUTING A PER FOOT ASSESSMENT RATE BASED ON (A) ESTIMATED COSTS OF WATER MAIN EXTENSIONS AND (B) ACTUAL BID COSTS OF WATER MAIN EXTENSIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; 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 and Sample voting "Aye." ORDINANCE NO. 14165: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Flour Bluff Drive, a 12 -inch diameter line from the existing water main near Ramfield Road southwestward 1.920 feet on the west side to the inter- section with Yorktown Boulevard, and 2. Yorktown Boulevard, an 8 -inch diameter line from the Flour Bluff Drive intersection westward 1,280 feet on the north side of Yorktown Boulevard; DETERMINING AND FIXING nu. PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERM- INING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE, ON WEDNESDAY, MARCH 1, 1978, AT 3:00 P.M. IN THE CITY OF CORPUS CHRISTI, 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 fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." ORDINANCE NO. 14169: APPROPRIATING $221,962 FROM THE NO. 151 ANTI -RECESSIONARY FISCAL ASSISTANCE FUND FOR CONTRIBUTION TO THE NO. 102 GENERAL FUND; 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 and Sample voting "Aye." ORDINANCE NO. 14170: AUTHORIZING SUBMISSION OF AN APPLICATION TO THE TEXAS STATE LIBRARY TO CONTINUE LA RETAMA PUBLIC LIBRARY SYSTEM MEMBERSHIP AND DESIGNATION AS A MAJOR RESOURCE CENTER UNDER THE TEXAS STATE LIBRARY SYSTEMS ACT FOR THE STATE FISCAL YEAR 1979 (SEPTEMBER 1, 1978 THROUGH AUGUST 31, 1979), A SUBSTANTIAL COPY OF SAID APPLICA- TION BEING ATTACHED HERETO, MARKED EXHIBIT "A", AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE SYSTEM MEMBERSHIP; 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 and Sample voting "Aye." ORDINANCE NO. 14171: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPART- MENT OF COMMUNITY AFFAIRS TO SPONSOR THE 1978 YOUNG ADULT CONSERVATION CORPS PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE AFORESAID PROGRAM IF AND WHEN THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. minutes Regular Council Meeting February 8, 1978 Page 25 • The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." ORDINANCE NO. 14172: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMEND- ING SECTION 2-233, BY ADDING A NEW PARAGRAPH THERETO SO AS TO PROVIDE THAT "PUBLIC OFFICE" AS USED IN SAID SECTION DOES NOT INCLUDE THE OFFICE IN ANY POLITICAL PARTY; 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 and Sample voting "Aye." ORDINANCE NO. 14173: 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 CORPUS CHRISTI THEATERS, INC. BY GRANTING A SPECIAL PERMIT FOR AN AQUA THRILLWAY RECREATIONAL RIDE, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON PORTION OF LOT 14, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." ORDINANCE NO. 14174: 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 DARRYL EARWOOD BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 12-A, BLOCK 3, HIGHWAY VILLAGE UNIT I, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DIS- TRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." City Manager Townsend informed the Council that Moody's Investors Service, Inc. has continued the City's AA bond rating. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. A. C. Johnson spoke again in regard to the approval of the special permit granted for the Aqua Thrtllway, stating that apparently the zoning ordinance Minutes Regular Council Meeting February 8, 1978 Page 26 means nothing to anyone. Mr. Johnson expressed the opinion that an amusement park located in "B-4" zoning should be covered. He alleged that the Council had again approved zoning for a special interest group and protested the location of a facility in "B-4" zoning that should not be allowed. Council Member Gill agreed with Mr. Johnson's statement, but pointed out to him that a special permit was granted for the facility he mentioned - not "B-4" zoning. Mayor Lozano stated that he does not know what Mr. Johnson means by the term "special interests", because the Council approves the type of zoning that is best for the entire community. Council Member Diaz also stated that the Council does not cater to "special interest groups" and informed Mr. Johnson that he had voted to approve the special permit to allow the children of this City to enjoy the facility planned for this location. City Manager Townsend referred to the list of items to be discussed at the weekend workshop meeting of the Council and asked for input by the Council for any other matters they wish to have discussed at the workshop. Discussion followed in regard to the time the workshop meeting will commence, and it was decided that the first session would begin following dinner Friday night. There being no further business to come before the Council, on motion by Sample, seconded by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 5:32 p.m. February 8, 1978. NOTE: Attached hereto is a copy of the agenda for the Swearing In Ceremonies for Council Member Joe Holt, which was conducted at 9:00 A.M. during the Workshop Meeting. Also attached hereto and made a part of the Minutes hereof is a copy of a memorandum addressed, to the City Manager, Mayor, Members of the City Council, and the City Secretary from City Attorney J. Bruce Aycock in regard to fill- ing vacancies in the offices of Mayor, Mayor Pro Tem and Council Member, with exhibits attached.