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HomeMy WebLinkAboutMinutes City Council - 02/10/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 10, 1987 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik *Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ralph Drews of New Testament Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bill Pruet. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Leo Guerrero that the Minutes of the Regular Council Meeting of February 3, 1987 be approved; seconded by Council Member Frank Mendez; and passed unanimously. Mayor Jones called for consideration of Board and Committee appointments, noting that the appointments had been discussed during the morning workshop meeting. A motion was made by Council Member Guerrero that the following appointments be confirmed, seconded by Council Member Pruet and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez and Pruet voting, "Aye"; Slavik and Strong absent at the time the vote was taken. MICROFILMED Minutes Regular Council Meeting February 10, 1987 Page 2 a. Mechanical Advisory Board: Term: Jim Abernathy (Air Conditioning) - Reappointed 01/02/89 Bill Collins (Not connec. bldg. Ind.) - Reappointed 01/02/89 Daniel Torres (Air Conditioning) - Reappointed 01/02/89 b. Municipal Arts Commission: Javier Calderon - New Appointment 09/01/89 Robert Rivera - New Appointment 09/01/89 c. Sister City Committee: Gilbert Q. Casares - New Appointment Jim Abernathy (Air Conditioning) - Reappointed * * * * * * * * * * Council Member Linda Strong arrived at the meeting at 2:06 P.M. Mayor Jones called for consideration of Consent Motions, Items 1 through 9. 1. M87-0047 Approving specifications and authorization to receive bids for a supply agreement for approximately 135,000 lbs of sludge dewatering polymers to be used by the Wastewater Division. Funds were approved in the 1986-87 capital outlay budget. 2. M87-0048 Approving plans and specifications and authorizing the receipt of bids on March 10, 1987, for Sliplining of the Oso Trunk "B" and Nile Drive Trunk Sanitary Sewers, as included in the 1986 Capital Improvements Program. 3. M87-0049 Approving the purchase of two pump bowl assemblies for a total expenditure of $26,500 from Pumps Unlimited and Layne & Bowler Company. These items will be used by the Water Division. Funds were approved in the 1986-87 capital outlay budget. 4. M87-0050 Approving a contract with American Public Works Association (APWA) and the City of Corpus Christi Street Division for time sharing services in connection with the PAVER Program. Minutes Regular Council Meeting February 10, 1987 Page 3 5. M87-0051 Authorizing Industrial Electric Company to perform additional lighting improvements at the Corpus Christi Public Library for a total cost of $11,799. The work involves additional lighting at the circulation desk and the children's area, installation of alarm systems and smoke detectors. 6. M87-0052 Approving the deletion of the Lexington Center Area Street Improvement project from the Voluntary Paving portion of the 1982 Street Bond Program, and reallocating applicable funds for the acquisition of right-of-way for the Crosstown Expressway Extension. 7. Withdrawn (See Page 6) Retaining -te--c_Y ±tom -d*. -0 ---Serf ee-Eentreet-witir4kmmmt-IIcaltkr-P}a$-and antheriaing-Ste€€-te-eentinne-d4senss4ens-with-beth-Hnmana-end-Eeastal-Bend Heelth-£44th- so--ee--ta-ensure-emp}epees-gva3itp-t .tee--Hte-}ewest-gess4bie easter 8. M87-0053 Naming the portion of South Guth Park east of Ennis Joslin Road the Hans A. Suter Wildlife Area. 9. M87-0054 Adopting the timetable for the 13th Year Community Development Block Grant Program and setting a public hearing for May 12, 1987, at 7:00 p.m. at the City Hall Council Chambers. Council Member Slavik inquired about the anticipated completion date of the project listed in Item 2, and Assistant City Manager James Lontos stated that this item is to authorize receipt of bids; the project will begin in late March or early April; the two portions of the project will be awarded as one project or as two separate projects; it is a major project with an approximate cost of $2,000,000; and the anticipated completion date is about one year after construction begins. Mayor Jones commented on Item 7 and noted the high cost of insurance and in particular dependent coverage. Council Member Berlanga inquired if the employees have the choice of selecting the Humana Health Plan or Coastal Bend Health Plan, and Assistant City Manager Juan Garza stated that the City does not have a contract with Coastal Bend Health Plan. Minutes Regular Council Meeting February 10, 1987 Page 4 Speaking on behalf of Humana Health Plan was Mr. Julio Iturriaga, 3301 South Alameda. He explained that Humana has a number of hospitals participating in the plan and members have access to six hospitals in the City. He stated that they have contracted with Eckerds and HEB as providers for prescriptions; members may purchase prescriptions there without any paper work simply by paying 20% of the cost; but if employees do not wish to purchase their prescriptions at those two providers, they may select their own drugstore if they pay for the prescription at the time of purchase which is reimbursable up to 80%. He also stated that Humana has 287 physicians under contract as providers and noted that physicians have certain credentials with which they must comply. Mr. Garza noted that Staff recommendation is to approve the contract with Humana but assured the Council that Staff will continue to negotiate with Coastal Bend to find the best possible plan for City employees. Mayor Jones noted that this is a complex issue and he was of the opinion that the Council should concur with the Staff recommendation. Mr. Garza pointed out that the City still has the standard plan of self insurance with James Benefits if employees select that plan. Council Member Strong made the observation that the HMO Programs are all for-profit programs; they usually start out with a low cost and since they are for profit, this is usually increased at a later date. She noted that the increases do not actually reflect direct medical cost increases, and Council Member McComb concurred with her assessment of the situation. Ms. Melody Hoy stated that she is associated with Ahoy Pharmacy which is located in downtown Corpus Christi; she represents a group of independent pharmacies; they have combined forces to compete with the National chains; as a group, they are opposed to the City's retention of Humana Health Plan because of their selecting only two companies as providers for prescriptions. She stated that Humana has been unresponsive to their requests to be listed as provider pharmacies. She explained that at this time several pharmacies have formed a group; they have centralized their billing procedures; they have a negotiator to work for them, yet they have not been allowed to bid for Humana. Mayor Jones inquired of Ms. Hoy what she wanted the Council to do about this situation, and Ms. Hoy stated that she would like to advise the Council to examine both plans before they vote. She pointed out that the two companies listed as providers are both from out of the City and out of state and the local pharmacies objected to this. Council Member Mendez inquired of City Manager McDowell about the negotiations with Humana and inquired if naming local pharmacies was a negotiable item. Minutes Regular Council Meeting February 10, 1987 Page 5 City Manager McDowell explained that Staff could tell them that they would like to have that option and continue discussions with them. Council Member Pruet agreed that further negotiations might be possible to see if Humana might consider increasing their list of pharmacies. Council Member Guerrero stated that he could not imagine Humana not being concerned about losing the City as a client considering that there are 3,000 employees. He expressed the opinion that the City could direct Humana to allow local pharmacies to be listed as providers and if they refuse, the City could approach another plan for their business. Mr. Charles Nichols, owner of Nichols Southside Pharmacy, noted that Coastal Bend Health Plan is owned entirely by local physicians; all of the money spent by them remains in the City; Eckerds Drug Store is not a locally owned pharmacy; and suggested that Humana provide a greater choice of pharmacies. He mentioned that he has lost a lot of customers, plus Humana discourages their clients from using independent pharmacies. He expressed the opinion that City employees should be allowed to select either Coastal Bend Health Plan or Humana Health Plan. He stated that the pharmacies are only requesting that they be listed as providers to fill prescriptions for patients. He also pointed out that HEB and Eckerds do not deliver but most local pharmacies do. He urged that this contract be delayed. Mr. Glen Collins, who is the negotiator for the organized local pharmacies, stated that they will be happy to negotiate with Humana; they do have one centralized billing system; and he concurred with the recommendation that Humana negotiate with the local pharmacies. Mayor Jones inquired if the City employees have a choice between Humana or Coastal Bend, and Mr. McDowell stated that they do not, and if the Council approved this recommendation, City employees will have to select either Humana or the City's self-insurance program. Council Member Berlanga suggested delay of this item until Staff can determine the terms of Coastal Bend Health Plan. He stated that he prefers Coastal Bend because it covers more pharmacies. A motion was made by Council Member Berlanga that Item 7 not be approved today and that the Staff be directed to continue negotiations. (There was no second to the motion.) Mayor Jones inquired about the consequences of delaying this item, and Mr. McDowell explained that there was a rate adjustment that went into effect, but the City can pay the higher rate until the matter has been resolved. Minutes Regular Council Meeting February 10, 1987 Page 6 Mr. Iturriaga of Humana addressed the Council again and explained that in December the Administration Office of the City of Corpus Christi sent out an announcement that proposals would be received, and in that announcement, they included many items that should be a part of the proposal. He stated that the City Staff had gone through many of the items before making this recommendation to the City Council. He pointed out that Humana has been in the Community for approximately five years, and they have many benefits but agreed that HMO will always be a little more expensive than conventional hospital care because they pay all medical expenses. He assured the Council that they are open for any proposals that pharmacies wish to make and stated that they will be happy to discuss this with them. Council Member Guerrero summarized the situation by noting that, (1) City employees do not have the option of selecting the Coastal Bend Health Plan, and (2) If there is concern that the local pharmacies do not receive any of the business, he was of the opinion that that should be made a part of the proposal. A motion was made by Council Member Guerrero that Item 7 be removed from the Agenda for the purpose of allowing the Staff to continue to work on this item further. The motion was seconded by Council Member Strong. Mayor Jones inquired about the impact of not approving this item today, and Mr. Garza explained the reason the item is worded the way it is is because Staff wanted to continue negotiating with both the Humana and Coastal Bend Health Programs for a better deal. He pointed out that Staff did not recommend offering too many plans because the smaller the group, the higher the premiums will be; therefore, the more plans the City offers, the higher the cost to employees. Council Member Mendez suggested renegotiation but stated that he would like to see the question of naming the local pharmacies as providers be included. Mr. Richard Everett stated that his father owns Port Avenue Drug Store. He expressed the opinion that the Council could go to Humana and inform them that they wanted local pharmacies included in the plan. Mayor Jones stated that he hesitates to see the Council make a decision that would cost the employees more, and if Humana lists other pharmacies as providers, he would like to know how much the cost would be increased for the employees. Council Member Guerrero stated that he would like to suggest that the Staff negotiate with strength because Staff has the clear indication that at least five members of the Council would like to see a more favorable contract. Mr. Guerrero's motion to delay the item for further negotiations passed unanimously. Minutes Regular Council Meeting February 10, 1987 Page 7 Council Member Slavik referred to Motion No. 8 and expressed the opinion that this is a very fitting tribute to a man who was one of the City's greatest environmentalists. Council Member Mendez referred to Item 9 and requested a timetable of the neighborhood meetings that will be scheduled. A motion was made by Council Member Mendez that Consent Motions 1 through 9, with the exception of Item No. 7 which was withdrawn, be approved. The motion was seconded by Council Member Strong and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of Consent Ordinances 10 and 11. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed: 10. ORDINANCE NO. 19627 APPROPRIATING $7,750 FROM THE NO. 295 STORM SEWER BOND FUND FOR CHANGE ORDER NO. 1 APPLICABLE TO THE BALDWIN FARMS DRAINAGE OUTFALL WATERLINE ADJUSTMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting, "Aye"; Slavik absent at the time the vote was taken. 11. ORDINANCE NO. 19628 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NORTON STREET CHURCH OF CHRIST BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 9 AND 10, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "F -R" FARM -RURAL DISTRICT TO "Al" - APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, and Strong voting, "Aye"; Pruet abstaining; Slavik, absent at the time the vote was taken. * * * * * * * * * Minutes Regular Council Meeting February 10, 1987 Page 8 Mayor Jones called for consideration of the following Motion: 12. M87-0055 Approving an agreement with Claude Chapman Construction Company, Inc. which provides for terminating the contract on the Nottarb Place Sanitary Sewer Improvements project. Assistant City Manager Lontos provided an explanation of the Bratton Street situation noting that they had discovered gasoline under the street; they attempted to evaluate and locate the source of the gasoline but they have been unable to do so; The Texas Water Commission is studying the area but no conclusion has been reached. He stated that the item on the agenda is to terminate the contract and Staff will work on redesigning the project. He stated that if they can identify the source or the industry that has allowed the gasoline to escape, the Texas Water Commission has the authority to clean it and charge it to that industry; but, if the source is not identified, the Texas Water Commission is limited. Further discussion among the Council Members continued and there were no comments from the audience. A motion was made by Council Member Berlanga that Item 12 be approved, seconded by Council Member McComb and passed unanimously. * * * * * * * * * There were no comments from the Council or the audience on regular Ordinance No. 13; City Secretary Chapa polled the Council for their vote; and the following Ordinance was passed on First Reading. 13. FINDING THAT THE PURPOSES OF THE COASTAL BEND HOSPITAL AUTHORITY HAVE BEEN FULFILLED AND THAT IT IS IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI AND ITS INHABITANTS THAT THE AUTHORITY BE DISSOLVED; AND PROVIDING FOR A VOIDANCE OF THIS ORDINANCE IN THE EVENT THAT ANY CLAIM AGAINST THE AUTHORITY IS PRESENTED SUBSEQUENT TO ENACTMENT OF THIS ORDINANCE SO THAT THE AUTHORITY SHALL BE AUTOMATICALLY REINSTATED TO DEFEND SUCH CLAIMS. The foregoing Ordinance passed on First Reading by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. Mayor Jones noted the presence of five Boy Scouts present in the audience who are working on their Merit Badge for citizenship from local Boy Scout Troup No. 202. He introduced Mr. William R. Nelson, their Scout Master, and Mr. Jack K. Dumphy, their sponsor. Minutes Regular Council Meeting February 10, 1987 Page 9 Mayor Pro Tem Best referred to Ordinance No. 14 pertaining to Homestead exemption in the amount of $26,000 and stated that he did not intend for this to be an emergency item. He stated that he had received letters from senior citizens who have indicated that even they felt that the $50,000 Homestead Exemption is unfair because a lot of people live in apartments. He expressed the opinion that the $26,000 exemption is more appropriate. Council Member McComb referred to the fact that City Secretary Chapa had certified that the petition received to have the $50,000 Homestead Exemption placed on the ballot is valid and it will definitely be on the April 4th ballot. A Motion was made by Council Member McComb that Ordinance No. 14 be withdrawn from the agenda and instead that the City Secretary be instructed to place the following issues on the ballot: (1) The $50,000 Homestead Exemption for the disabled and persons 65 years of age or older, (2) The $26,000 Homestead Exemption for people over 65 as suggested by Dr. Best and, (3) That the Homestead Exemption for the elderly remain at $18,000. The Motion was seconded by Council Member Strong. Mayor Jones provided some facts and figures but stated that he would support the Motion to have the three items placed on the ballot. Council Member Slavik stated that the voters should decide on this issue, even though she agreed that the City could afford the $50,000 tax exemption for disabled and elderly. She expressed concern at having so many things on the April 4th ballot. Mayor Pro Tem Best stated that he has no problem with the proposal presented by Council Member McComb and he would agree to withdraw No. 14 in favor of Mr. McComb's recommendation to list the three items on the ballot. City Attorney Hal George noted that the preceding week when Dr. Best made his Motion to establish a $26,000 Homestead Exemption for those 65 years of age or older, he did not address the disabled. He pointed out that the petition received in the City Secretary's office is for citizens over 65 and for the disabled. He stated that he wanted the Council to be aware that the petition raises the exemption for those over 65 from $18,000 to $50,000 but the Homestead Exemption for the disabled would be increased from $10,000 to $50,000. Mayor Pro Tem Best stated that he would like to address the exemption for the disabled in the same manner as he did in arriving at the $26,000, and Council Member McComb concurred. The Motion to have the three items placed on the ballot passed by the following vote: Jones, Best, McComb, Mendez, and Pruet voting, "Aye"; Berlanga, Guerrero and Slavik voting, "No". Minutes Regular Council Meeting February 10, 1987 Page 10 Ms. Leslie Leroy addressed this item and expressed the opinion that most people who are over 65 years of age have an adequate income. She mentioned the fact that there are many young people who have very low incomes and many more. obligations. He urged that the tax exemption not be increased and agreed that this should be placed before the voters. Mayor Jones then called for consideration of the Second Reading on the Water Conservation and Drought Contingency Plan. Mr. Paul Werner, Water Superintendent, referred to the memorandum from Mr. Douglas G. Matthews, Director of Public Utilities, in response to the questions raised at the January 27th City Council Meeting on the Plan. He explained that the City must realize that there will not be a full water system until Choke Canyon is full; therefore, the Water Conservation Plan becomes imperative. He displayed a chart which showed the different levels of Lake Corpus Christi over the past few years and explained the various stages of Phase I, Phase II and Phase III of the Plan. He stated that the City is now in Stage II, and according to the Bureau of Reclamation, the water supply is about 75% full at the reservoir. He noted the concern about Lake Corpus Christi but stated that once Choke Canyon has filled, Staff feels very confident that we will have an ample water supply. Mayor Jones made comments in regard to Item 5 of Mr. Matthews' memorandum and pointed out that Mr. Singleton of Save Lake Corpus Christi, Inc. had requested that Phase I of the operations phase be amended to maintain Lake Corpus Christi at 88 -foot elevation rather than 86 -foot elevation during the initial filling of Choke Canyon. He noted that the Staff still recommends that the 86 -foot level be retained until the Choke Canyon level reaches elevation 213 feet, and 88 feet thereafter until Choke Canyon is filled. He noted that this is a compromise from the original proposal which called for the 86 -foot elevation to be maintained until the lake fills. In response to Mayor Jones' question about other political subdivisions, Mr. Werner assured the Council that they had delivered the plan to everyone concerned but they have received no comments. Mr. Elmer Singleton, Save Lake Corpus Christi, Inc., explained that they have tried to consider all of the plans on the operation of the water reservoirs. He referred to a statement made by Mr. Matthews to the effect that fishing and recreational activities could survive at the 86 -foot level at Lake Corpus Christi, but questioned that statement. He provided information from citizens in the Lake Corpus Christi area who contend that such activities are greatly decreased when the lake is at 86 -foot level, and, people still feel that the 88 -foot level must be maintained. Minutes Regular Council Meeting February 10, 1987 Page 11 After further discussion by the Council, Jim Riley of the Water Division expressed the opinion that there is no way that Lake Corpus Christi could drop to the 88 -foot level this year. He stated that if there was no rain for the. rest of the year, it might possibly drop to that level by December of next year. Council Member Strong suggested a compromise of 87 feet, and Jim explained that they had considered that, stating that at 88 -foot elevation, there is 28,540 acre feet of water, and if it is dropped to 87 feet, there would be 14,700 acre feet of water. Council Member Strong expressed the opinion that the City needs to have a plan to be ready for an emergency situation in the future if there is another severe drought. Assistant City Manager Lontos noted that the key is to filling Choke Canyon Reservoir until it is full in order to provide the maximum supply of water. Mr. Werner expressed the opinion that Choke Canyon would be full at the end of 1988. Council Member Slavik expressed support for the Staff recommendation on this even though the possibility of a drought occurring seems to be very remote. Mr. Norman McPinson, 3823 Carroll Lane stated that he owns Fiesta Marina at Lake Corpus Christi and mentioned the bad publicity that was generated during the drought which was particularly detrimental to a boat launching business. There were no further comments on this Ordinance; City Secretary Chapa polled the Council for their votes; and it passed as follows: 15. SECOND READING: AMENDING THE CITY CODE, CHAPTER 55, UTILITIES, BY ADDING A NEW SECTION 55-156, WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * Mayor Jones commented that he had received a letter from Deirdre Norton, representing the Corpus Christi Library Board, who requested that they be allowed to make a presentation during the Workshop Meeting of February 17. After discussion, it was the consensus of the Council that Mrs. Norton be allowed fifteen minutes during the Workshop Meeting. * * * * * * * * * Minutes Regular Council Meeting February 10, 1987 Page 12 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jerome Nagengist presented a plan suggesting that the Levi Strauss building be used for a minimum security jail, primarily to house non -dangerous prisoners at night and allow them to continue working in the daytime to support their families. Mayor Jones pointed out that incarceration is the County's responsibility, not the City's. Mr. Jack Dumphy expressed appreciation for the courtesy extended the Boy Scouts who attended the meeting. There being to further business to come before the Council, a motion by Council Member Mendez, seconded by Council Member McComb and passed unanimously, the Council convened in closed session at 4:50 P.M. under the authority of Article 6252-17 of VACS to discuss personnel. The Council reconvened the regular Council Meeting at 5:00 P.M. and adjourned the meeting.