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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 Minutes 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. Minutes 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 Minutes 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 Minutes 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. * * * * * * * * * * * * *