HomeMy WebLinkAboutMinutes City Council - 02/18/1997I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of February 18, 1997, which were approved
by the City Council on February 25, 1997.
WITNESSETH MY HAND AND SEAL, this 25th day of February, 1997
c,7
Armando Chapa
City Secretary
SEAL
4,0‘“*.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 18, 1997
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Edward Martin
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Dr. David McNichols*
City Staff:
City Manager Bill Hennings
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Jorge Garcia, Providence Reform Episcopal Church,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member Cooper.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the minutes of the regular Council meeting of February
11, 1997, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointments were made:
Coastal Bend Health Facilities Corporation
Jack Solka (Reappointed)
Jack Cooper (Reappointed)
Judy Telge (Reappointed)
Ronald Karchmer (Reappointed)
Annie J Castro (Reappointed)
Anna Mercado (Reappointed)
Dan Winship (Reappointed)
Minutes
Regular Council Meeting
February 18, 1997
Page 2
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, appropriation of payment to Nueces River
Authority (NRA) and status report on the Lake Texana pipeline project.
City Manager Hennings said this action implements a resolution approved by the Council
last week, involving part of the funding for the water pipeline to Lake Texana. He said it will reduce
the necessary amount of the bond sale and ultimately save water customers over $13 million
compared to the scenario where the city would have to borrow the interest payments and have a
higher bond sale.
Council Member Martin asked when payment will be made to the NRA, and Mr. Hennings
replied that he thought it would take place within one or two weeks. Mr. Martin questioned the
timing of the payment, and Mr. Hennings said the financial advisors have informed the city that the
NRA needs to be paid to reassure the bond buyers, which will affect the interest rate on the bonds.
Responding to another question from Mr. Martin, Mr. Jorge Garza, Assistant City Manager
for Administrative Services, said the interest associated with this transfer of funds will remain in the
account and will be used for debt service payments in the future. Mr. Martin added that the Council
should determine how the remaining deferred Choke Canyon debt monies will be used.
Council Member Heldenfels said he thought that the federal budget had not been reduced by
the amount of the deferred monies, leading him to think that the deferral was not finalized and
guaranteed. Mr Hennings replied that Congress did pass the law to defer the requirement for annual
payments on the Choke Canyon debt. He added that the federal government would have to rectify
its own budget but that was not the City of Corpus Christi's concern.
*Council Member McNichols arrived at the meeting at 2:15 p.m.
Mayor Rhodes called for comments from the audience.
Mr. Neal Trolinger, 337 Stages Dr., echoed Mr. Heldenfels' concern about whether or not
the deferment of payments on the Choke Canyon debt has been finalized.
Mr. Martin asked if President Bill Clinton had signed the legislation deferring the Choke
Canyon payments, and Mr. Hennings replied that the bill was passed by both Houses of Congress
and signed by the President. Mr. Martin pointed out that this particular law does not require the
federal government to appropriate funds in any way; rather, it just allows Corpus Christi to defer
payments on the Choke Canyon debt for five years.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
February 18, 1997
Page 3
3.a. ORDINANCE NO. 022849
Ordinance transferring to the Public Law 104-318 Trust Fund $3,245,000 from the
Combined Utilities Fund and $734,904 from the Choke Canyon Escrow Fund; appropriating
$3,979,904 from the Public Law 104-318 Trust Fund and $7,095,598 from the Unreserved
Fund Balance of the Combined Utilities Fund for the purpose of implementing Resolution
No. 022837 which is incorporated herein, reaffirmed and readopted; providing for
reimbursement with interest of the $7,095,598 appropriated from said Unreserved Fund
Balance from monies as they are made available by Public Law 104-318.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
Mayor Rhodes referred to Item 3.b., status report on the Lake Texana pipeline project.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, referred to a brief
report prepared by Mr. Frank Brogan of the Port of Corpus Christi Authority. Mr. Crull described
several aspects of the pipeline project, including project staffing, right-of-way (ROW) acquisition
efforts, pipeline design, permitting, pump stations, river crossings, financing and construction status,
and completion status.
Mr. Crull explained that they have been concentrating their efforts on ROW acquisition and
have contacted over 90% of all of the landowners involved. He noted that on February 13, 1997,
the NRA board approved the condemnation of three parcels of land. Last month the board had
awarded the contract for the pipeline's construction, contingent upon the sale of the bonds. In
addition, the board approved a change order to increase the 60 -inch section of the pipe to 64 inches,
which would decrease some of the pumping costs and allow for the delivery of additional water in
the future.
With regard to permitting efforts, Mr. Crull said that they expect the Texas Parks and
Wildlife permit to be approved this month, and the Texas Historical Commission's archeological
surveys and investigations are ongoing. He said the NRA board made a contingent award of
contracts for pumps/motors and motor control equipment, while the pump station construction
contract and the river crossings contract will be bid in March or April. Mr. Crull noted that the
bonds are scheduled to be priced on March 4th, 5th and 6th, with the bond sale scheduled for March
19th. He said the pipe manufacturer has informed project officials that he has ordered, at his risk,
some of the steel for the pipe; consequently, actual construction could begin in early April.
Mr. Martin asked if the work could begin as soon as the bonds are sold, and Mr. Crull said
that would be possible. Responding to another question from Mr. Martin, City Attorney Bray said
Minutes
Regular Council Meeting
February 18, 1997
Page 4
that generally it takes several weeks to acquire property through condemnation. Mr. Martin said one
strategy could be to file condemnation proceedings on several parcels in order to accelerate the
process. Mr. Bray and Mr. Crull agreed, saying that action would be taken.
Responding to Council Member Best, Mr. Crull said the city is buying a 50 -foot permanent
easement along the pipeline; there is a temporary easement of an additional 100 feet during
construction. He added that a large majority of the project is adjacent to either the railroad track or
public roadways and access can be obtained in that way.
Dr. Best asked if the landowner would be allowed to continue using the land once the
pipeline is completed and buried. Mr. Crull said that would be possible; however, there is a
restriction against building a permanent structure that would impede the city's ability to maintain
the pipeline. He added that the specifications call for the pipeline to be buried a minimum of 36
inches, but most likely it will be buried four feet in most locations and even deeper where the water
pipeline will be crossing other pipelines. He said about 600 pipeline crossings have been identified
along the proposed route.
Mr. Heldenfels asked what type of pipes would have to be crossed, and Mr. Crull said they
included petroleum product lines. Mr. Heldenfels then asked what would happen if a petroleum line
broke. Mr. Crull replied that the joints are sealed with 0 -ring gaskets and the pipeline is under
pressure, which would prevent the petroleum from entering the water pipeline.
Mr. Hennings added that the NRA will be planning a ground breaking ceremony in early
April, and he will keep the Council updated on that event.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 4 through 13, and Council Members requested that
Items 4, 6, 8 and 12 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
5. M97-039
Motion approving a supply agreement with U.S. Filter / Davis, Inc. Corpus Christi, Tx, in
accordance with Bid Invitation No. BI -0068-97 for cast iron foundry items including
approximately 1,861 meter boxes and lids; 1,460 valve boxes and lids; 200 manhole rings
and covers, etc., based on low bid for an estimated annual expenditure of $87,077.75. The
term of the agreement shall be for twelve months with an option to extend for up to two
additional twelve month periods, subject to the approval of the supplier and the City
Minutes
Regular Council Meeting
February 18, 1997
Page 5
Manager or his designee. Funds are budgeted in FY 96-97 by the using departments.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
7. M97-041
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
professional services contract with Leigh Fisher Associates in the amount of $47,480 for
services related to an Airport Intermodal Terminal Development Study and Environmental
Audit.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
9.a. ORDINANCE NO 022850
Ordinance appropriating $354,784 from the Unappropriated Fund Balance in the No. 246
Airport Passenger Facility Charge Fund for architectural services to be provided under
Amendment No. 9 to the contract with Wilson Kullman McCord, Inc. for the Corpus Christi
International Airport Terminal Building Reconstruction improvements.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
9.b. M97-043
Motion approving Amendment #9 to the contract with Wilson Kullman McCord, Inc. for
Terminal Building Reconstruction in the additive amount of $354,784 ($174,208 for design
and $58,000 for construction administration, $122,576 for additional services) for a new total
of $993,139 and authorization to incorporate and proceed with additional scope and new
work as part of Section III, Parts B and C, Design and Construction Services for Phase II
combining Construction Contracts No. 2A, 2B, and 3 into a total of three contracts
performed concurrently.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
February 18, 1997
Page 6
10. M97-044
Motion authorizing the City Manager or his designee to execute the Contract for Engineering
Services for the O.N. Stevens Water Treatment Plant: Instrumentation Documentation
Project with Bath & Associates, Inc. for a fee not to exceed $134,370.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
11. M97-045
Motion approving the submission of a grant application in the amount of $51,742 to the
Office of the Governor, Criminal Justice Division to continue the Crime Analysis Unit in the
Police Department and authorizing the City Manager to execute the contract and designating
the Chief of Police as the official representative of the City.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
13. ORDINANCE NO 022851
Amending the Corpus Christi Zoning Ordinance, by amending Article 3, Definitions, Article
4, General Provisions, Districts, and District Maps, Article 4A, "F -R" Farm -Rural District
Regulations, Article 4B, "RE" Residential Estate District Regulations, Article 4C, "RA"
One -family Dwelling District Regulations, Article 5, "R -1A" One -family Dwelling District
Regulations, Article 7, "R-2" Multiple Dwelling District Regulations, Article 7A, "T -1A"
Travel Trailer Park District Regulations, "T -1B" Mobile Home Park District, "T -1C" Mobile
Home Subdivision District, Article 8, "A-1" Apartment House District Regulations, Article
8A, "A -1A" Apartment House District Regulations, Article 9, "A-2" Apartment House
District Regulations, Article 10, "AT" Apartment -Tourist District Regulations, Article 11,
"AB" Professional Office District Regulations, Article 14A, "BD" Corpus Christi Beach
Design District, Article 15, "B-3" Business District Regulations, Article 16, "B-4" General
Business District Regulations, Article 20, "I-2" Light Industrial District Regulations, Article
21, "I-3" Heavy Industrial District Regulations, Article 25, Special Permit Regulations,
Article 26, Nonconforming Uses, Article 33, Permits, Plats and Filing Fees; providing for
publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
February 18, 1997
Page 7
Mayor Rhodes opened discussion on Item 4, purchase of fiber cable.
Responding to Council Member McNichols, Mr. Hennings said video camera vehicle
detection systems mounted on signal poles are state of the art and are more reliable than the systems
the city has used previously. In addition, the installation of the equipment is less expensive and it
lasts longer.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4. M97-038
Motion approving the purchase of 24,000 feet of fiber cable from T.W. Comcorp, Orlando,
Fl, in accordance with Bid Invitation No. BI -0084-97, based on low bid for a total of
$44,400. This cable will be used by Street Services for enhanced traffic signal
communications. Funds are budgeted in FY 96-97 by Street Services.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 6, rental of two trash compactors.
In reply to Council Member McNichols, Mr. Hennings explained that the city's solid waste
disposal trucks do not have the capacity to handle containers. And when there is a large quantity of
waste --such as at the airport or the convention center --it is more efficient to use a container,
particularly one that compacts the waste as well. He said that for a number of years, the city's Solid
Waste Department serviced the convention center with a separate truck and crew if there was a
convention being held.
Council Member Black asked about the frequency of service to the convention center by the
contractor, and Mr. Hennings said it would vary depending on the type and number of meetings or
conventions being held there.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
6. M97-040
Motion approving a contract for the rental of two 33 cubic yard trash compactors in
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Regular Council Meeting
February 18, 1997
Page 8
accordance with Bid Invitation No. BI -0064-97 with Garbage Gobbler, Corpus Christi,
Texas, based on the low bid of $20,574. The term of the contract will be twelve months with
option to extend for up to two additional twelve month periods, subject to the approval of the
supplier and the City Manager or his designee. These two units will be used by the
Convention Center and the Aviation Department. Funds have been budgeted by the using
departments for FY 96-97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 8, street lighting improvements for the Gateway
Project.
Council Member McNichols asked about the safety of the concrete tapered light poles. Mr.
R.H. Shackelford, Director of Engineering Services, pointed out that the poles will not be located
in the median between the two lanes of IH -37 in the area of the Gateway Project. He added that they
are relatively small in size but are heavier than the aluminum poles. He noted that a similar lighting
system exists on Saratoga Boulevard.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
8. M97-042
Motion authorizing the City Manager or his designee to execute an agreement with Central
Power & Light Company for the installation of new continuous street lighting and removal
of overhead electrical lines on Interstate 37 between Shoreline Boulevard and Mesquite
Street, associated with and at a cost to the Gateway Phase I Project not to exceed $131,207.
Funding is available from the sale of property to the General Services Administration.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 12, establishment of impact fee for Master Plan
Drainage Channel No. 31.
Minutes
Regular Council Meeting
February 18, 1997
Page 9
City Manager Hennings said that in the process set out in state law for such issues, an
affected land owner can file a request for a separate hearing on a portion of it. He said that on
February 17, 1997, city staff received a request from a land owner for a separate hearing;
consequently, Item I2.a. needs to be amended to incorporate a substitute ordinance which only
adopts the land use assumptions. The rest of the actions will be taken at a later date. He added that
Item 12.b. is still valid despite the amendment to Item 12.a., and staff is asking the Council to
approve Item 12.b. at this meeting.
Council Member Martin made a motion to amend Item 12.a. by adopting the substituted
ordinance as presented; seconded by Mayor Rhodes, and passed unanimously (Heldenfels
abstaining).
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
12.a. FIRST READING ORDINANCE
Adopting the Land Use Assumptions for Master Plan Drainage Channel Number 31 and
providing for severance.
The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes,
Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye";
Heldenfels abstaining.
12.b. M97-046
Motion authorizing an amendment to the Offsite Drainage Development Contract dated
January 31, 1986, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute
actual costs, pro -rata, to each tract situated within Channel 31 Service Area calculated on an
acreage and land use basis with respect to that portion of the cost of the project situated
downstream of each particular tract, such contract having been authorized by the City
Council on December 31, 1985.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining.
* * * * * * * * * * * * *
Mayor Rhodes announced the closed session, pursuant to the Texas Government Code
Section 551.071 regarding Onesimo Cruz, et al v. City of Corpus Christi et al, No. 89-4954-0, 105th
District Court, Nueces County, Texas, with possible action in open session.
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Regular Council Meeting
February 18, 1997
Page 10
The Council went into closed session.
The Council returned from closed session.
*************
Mayor Rhodes called for the City Manager's report. Mr. Hennings introduced Mr. Jorge
Cruz-Aedo, the new Director of Finance. Mr. Hennings also said that staff is developing a proposal
to impose an expanded curfew in parks where the problem of gang activity exists. He said that
proposal should be ready in March. Next Tuesday a ground breaking ceremony will be held at 4917
Holly Road for the next phase of street improvements on Holly. Items scheduled for the February
25th meeting include: agreement with the Corpus Christi Tennis Association for a major
improvement project at the H.E.B. Tennis Center; raw water contracts; and a contract with the
Housing Authority for additional police security.
Mr. Hennings added that he had asked Fire Chief J.J. Adame to bring the Fire Department's
new fire pumper truck, brush truck and rescue truck to City Hall so the Council could view the new
equipment at the conclusion of the Council meeting.
In her report, Mayor Rhodes noted that National Engineers Week is February 16-22, 1997,
and City Manager Hennings was selected as Engineer of the Year by the Nueces Chapter of Texas
Society of Professional Engineers.
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria asked about the proposal concerning expanded park curfews.
Mr. Hennings replied that city staff would work with neighbors in an effort to alleviate a problem
of gang activity at city parks. Mr. Longoria also referred to a memo conceming a company that has
been awarded city contracts but which declared bankruptcy. He asked if that company could be
awarded future city contracts. Mr. Hennings replied that if the company was in reorganization and
still operating, he thought they could be awarded additional contracts, but staff would probably have
to take that issue into consideration.
Mr. Longoria also asked about the Lighthouse Restaurant's lease with the city. Mr. Hennings
said they have certain obligations under their lease that they are required to meet. He said if they
requested that the Council amend their lease, the best position for them to be in is to have met all of
their financial commitments.
Council Member Martin referred to a letter the Council had received from a fence company
representative regarding the city's fence requirements. He asked Mr. Hennings to develop a
response to the issues raised in the letter. Mr. Martin also asked if the Council would be hearing an
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Regular Council Meeting
February 18, 1997
Page 11
audit presentation soon. Mr. Hennings said he had met with the auditor and was awaiting his
management letter. Mr. Martin asked about the proposal for the rescue/transport vehicles. Mr.
Hennings said staff had not finalized their recommendation yet, but he was hoping the city could
phase-in some of the larger ambulances without an increase in the annual cost. Mr. Martin said staff
could order one of the vehicles and make a recommendation on the acquisition of the other vehicle.
Responding to another question from Mr. Martin, Mr. Hennings said the city does have a
bond that protects it against non-payment of sub -contractors. Mr. Martin said the city should never
award a contract to a company that does not have full sub -releases from a previous contract.
Council Member Best said the Council had also received a letter from Mr. Dean Gulley
concerning mobile homes, and he requested a report on it.
Council Member Betty Jean Longoria expressed concern about the city projects that the
company in reorganization has not yet begun. Mr. Shackelford said the city has bonds for each
contract that the Council has awarded. He added that the company in question has performed well
for the city in the past, and staff was uncertain of the specifics of their situation, but they have been
very forthcoming in meeting with staff and working out schedules. Mrs. Longoria also announced
that a Community Progress Partnership meeting will be held at Calallen High School on February
18th at 6 p.m. She said she has also received many complaints of odor problems at the Broadway
Wastewater Treatment Plant; Mr. Hennings said staff would provide a report.
Council Member McNichols asked about the existing youth curfew. City Attorney Bray said
the ordinance pertains to individuals under 17 years of age, and they can be in the company of an
adult over 21 years old with their parents' consent during the curfew hours of 11 p.m. to 6 a.m.
Council Member Heldenfels said he thought that a lien could not be filed against public
property. Mr. Bray replied that was correct. Mr. Heldenfels said he was concerned that the
Lighthouse Restaurant owners were asking to be relieved of providing fueling services at the marina,
which was part of the original agreement. Mr. Hennings stated that they had not met that
requirement. He added that another business operator in the marina has indicated interest in
operating the fueling station, and there have been discussions about that business assuming
responsibility for that service.
Council Member Cooper stated that a youth rally would be held at Ben Garza Gym on
February 23rd, sponsored by the Mayor's Task Force on Youth Violence, the Park and Recreation
Department and other entities. She said it will include musical entertainment and a presentation by
Mr. Steven Nawojczyk. In addition, the Mayor's Task Force will be making a donation of video
tapes on February 24th to Corpus Christi Independent School District. The tapes are copies of
"Searching for Solutions" and "Ain't No Denying," a tape produced by Mr. Nawojczyk. Mrs.
Cooper added that the task force is requesting donations from attorneys so as to distribute grants to
Minutes
Regular Council Meeting
February 18, 1997
Page 12
grassroots youth organizations.
Council Member Black commented on the poor condition of the facility which houses La
Playa Club on Chaparral Street downtown, which she said has been an ongoing problem.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. Neal Trolinger, 337 Stages Dr., said he had made several requests for public information.
He said one of those requests was for a list of current, pending cases against the city involving civil
rights violations. He said he knew of at least one case that was not included on the list that was
provided to him. City Attorney Bray said he was aware of one case that might not have been
included, and he said staff will verify the list.
Mrs. Dorothy Spann, 502 Del Mar, asked about the process of reading meters for wastewater
winter averaging. City Manager Hennings replied that winter averaging is based on meter readings
between November 15th and March 15th. Each water customer has three monthly billing periods
within that time frame, and the first meter reading, which is mandatory, could be taken between
November 15th and December 15th. He said the last meter reading, which is also mandatory, takes
place between February 15th and March 15th. Mr. Hennings added that the winter average is based
on the actual consumption during that three-month period.
Mr. J.E. O'Brien, 4130 Pompano, questioned why the bond sale for the water pipeline had
been postponed until March 19, 1997. He also questioned whether proper procedures had been filed
with regard to the amendment for Item 12 and whether Item 3 (appropriation to the Nueces River
Authority) conforms to the City Charter definition of an emergency. Mr. O'Brien said that on
February 3, 1997, five citizens submitted a letter asking the Council to reconsider Ordinance 022832
pertaining to the pass-through for raw water costs. He said City Attorney Bray replied that based
on long-standing principles of state law, a referendum is not a legally permissible means of setting
rates for a municipal utility system. He said he did not think Ordinance 022832 changed any rates,
and the citizens were questioning the concept of the pass-through approach.
Mr. Buck Sosa, president of the local Firefighters Association, said members of the union
marched around City Hall for the eighth time. He referred to a previous situation in which the
widow of a firefighter was having difficulty with a claim involving the city. He said that last
Tuesday union officials appeared before the Civil Service Commission with concerns that the
Director of Human Resources was unilaterally changing rules and regulations against the knowledge
and authority of the Commission.
In response to Mr. Sosa's comments, Mr. Hennings said he reviewed the claim of the
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Regular Council Meeting
February 18, 1997
Page 13
firefighter's widow, who was paid the benefits that were due. He said someone misinterpreted the
plain language in the contract and told the widow that she was due an additional payment of 90 days
sick leave. The City Manager said the deceased firefighter did not have accumulated sick leave in
that amount; the payment of the accumulated sick leave was made and there was no benefit beyond
that amount. He said staff has provided the firefighter's widow a letter explaining the situation. Mr.
Hennings added that the Civil Service Board had scheduled a meeting next Friday and asked to be
briefed by their attorney; consequently, there is nothing inappropriate in that action.
Mr. Leon Perez, 904 Buford, questioned a customer's water bill, saying that the meter had
not been read. Council Member Martin said that according to that bill, either the customer was using
too much water or he had a water leak at his residence. Mr. Hennings said staff would review that
situation.
Mr. Phil Rosenstein, 949 Bobalo, said that he still disagreed with statements made during
a previous Council meeting by Council Member McNichols concerning evaporation amounts. He
said that part of a public official's job was to take criticism from the public, some of which is
constructive and some of which is not.
Council Member McNichols said he did not object to people refuting facts with facts, or to
people who voice an opinion in the hopes that it will be politically damaging to him Dr. McNichols
said that in the past he has simply stated facts with regard to water issues, and if people disagreed
with those facts, they could ask the Regional Water Director to restate the facts concerning water
evaporation.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 3:40 p.m. on February 18, 1997.
* * * * * * * * * * * * *