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HomeMy WebLinkAboutMinutes City Council - 06/21/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong Absent MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 21, 1988 2:00 p.m. Ass't. City Manager Bill Hennings City Attorney Hal George City Secretary Armando Chapa City Manager Juan Garza Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Berlanga, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. 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 Turner called for approval of the Minutes of the Workshop and Regular Council Meetings of June 14, 1988. Council Member Slavik noted a correction on Page 7 of the Minutes of the Regular Council Meeting pertaining to bank low interest loan pools for downtown revitalization, and Mayor Turner proclaimed the Minutes approved as amended. Mr. Charles Blum, Chairman of the Parks and Recreation Board, and Ms. Jean Newberry presented a report on the establishment of teenage youth centers. Council Member Guerrero made a motion for Mr. Blum to meet with the staff and work out a proposal that would be a viable beginning for a teenage youth center and present it to the Council. The motion was seconded by Council Member Rhodes and passed unanimously. MICROFILMED Minutes Regular Council Meeting June 21, 1988 Page 2 Mayor Turner administered the Oath of Office to the following Board and Committee appointee: Harry Costner — Water Shore Advisory Committee. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 8, and Council Members requested that Motions 5, 7 and 8 be withheld for discussion. There were no comments from the audience on Motions 1, 2, 3, 4 and 6. A motion was made by Council Member Slavik to approve Motions 1, 2, 3, 4 and 6. The motion was seconded by Council Member Strong and passed unanimously. In reference to Motion No. 5 pertaining to submission of a grant application to the United Way of the Coastal Bend, Council Member Rhodes indicated that she will abstain on this item, noting that she is the Chairman of the committee which approves the grants. In answer to a question from Council Member Strong on Motion No. 5, a representative of the Police Department noted that they propose to reach sixteen schools and approximately 9,000 students. In reference to Motion No. 7 pertaining to the grand opening ceremony for the Corpus Christi Farmers Market, Council Member Schwing requested on behalf of the Farmers Market that the Council consider a possible waiver of the fees totaling about $825.00. Discussion followed and Assistant City Manager Hennings noted that other events of this nature have paid the appropriate fees. Mr. Hennings explained the ordinance regarding street closings and stated that if the Council wishes the City to pay the expenses, the decision should be made today, noting that the street closing will be on July 1 and 2 and the next Council Meeting is not until July 12. Council Member Rhodes pointed out that this was discussed before and the Council turned it down, noting it is not fair that this group be singled out, indicating that the fees are not waived for other events. Mrs. Rhodes suggested that the Council Retreat be postponed until after the budget discussion and that a Council Meeting be held next week because there are items on the agenda which have time limits. Discussion on this matter followed by the Council Members and a motion was made by Council Member Rhodes to table the retreat until after the budget discussions. The motion was seconded by Council Member Guerrero and failed by the following vote: Guerrero, Rhodes and Slavik voting, "Aye"; Turner Pruet Berlanga, Moss, Schwing and Strong voting, "No." Council Member Guerrero made a motion to have the retreat in the morning and a Council Meeting in the afternoon. The motion was seconded by Council Member Slavik. Minutes Regular Council Meeting June 21, 1988 Page 3 Discussion on this motion followed and the motion failed by the following vote: Guerrero, Rhodes and Slavik voting, "Aye"; Turner Pruet, Berlanga, Moss, Schwing and Strong voting, "No." Discussion returned to Motion No. 7, and Council Member Berlanga indicated that there should be an incentive for the downtown area, noting that the people affiliated with the Farmers Market are doing a terrific job. Mr. Berlanga made a motion to waive the fees for the Farmers Market. The motion was seconded by Council Member Schwing. More discussion followed, and Council Member Strong expressed concern indicating that there should be a uniform policy concerning fees which applies across the board, noting that this does not mean the Council is not in favor of downtown revitalization. The vote on the aforementioned motion failed by the following vote: Berlanga and Schwing voting, "Aye"; Turner, Pruet Guerrero, Moss, Rhodes, Slavik and Strong voting, "No." In reference to Motion No. 8 pertaining to the Glenoak Drive Sidewalk Improvements, Council Member Strong inquired about the correction of the drainage problem, and Victor Medina, Engineering Services Director, noted that there was some debris blocking the drainage; it has been cleaned up; and that through sedimentation, the flow lines will adjust themselves in the drainage ditch. There were no comments from the audience on Motions 5, 7 and 8. A motion was made by Council Member Slavik to approve Motions 5, 7 and 8; seconded by Council Member Strong and passed unanimously; Rhodes abstaining on Motion No. 5. 1. M88-0138 Approving the purchase of two track excavators and one trailer from Grace Equipment Co., Corpus Christi, Texas, for the total amount of $42,704, based on low bid meeting specifications. One excavator and the trailer are for wastewater collection, and one excavator is for water construction. Funds are available in the 1987-88 Capital Outlay. 2. M88-0139 Approving plans and specifications and authorizing receipt of bids on July 19, 1988, for the repair and repainting of the Morgan Avenue Water Storage Tank. 3. M88-0140 Accepting the Camron Street (Bates Drive)/Padre Island Drive Waterline Adjustment project; granting a 42 working -day time extension; assessing liquidated damages of $3,750; and authorizing final payment of $17,598 to J & B Contractors, dba South Texas Utility Contractors. Minutes Regular Council Meeting June 21, 1988 Page 4 4. M88-0141 Accepting the insulation removal and replacement at the Memorial Coliseum, and authorizing final payment of $54,292.79 to Metroplex Industries, Inc. 5. M88-0142 Approving and authorizing the submission of a venture grant application to the United Way of the Coastal Bend for $7,500 to supplement a Drug Awareness Resistance Education Program (D.A.R.E.). 6. M88-0143 Scheduling a public hearing for July 12, 1988 at 6:30 p.m. in the City Council Chambers to discuss the FY 1988-89 Budget. 7. M88-0144 Approving the application by the Corpus Christi Farmers Market Association to conduct the grand opening ceremony and festival for the Corpus Christi Farmers Market on July 1-2, 1988, and approving the closing of the following street sections on Friday, July 1, to Sunday, July 3, 1988 for said event: Water Street, between Coopers Alley and Laguna Street, Laguna Street, between Water Street and West Shoreline Boulevard. 8. M88-0145 Accepting the Glenoak Drive Sidewalk Improvements, and authorizing final payment of $3,546.94 to A. Ortiz Construction and Paving, Inc. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 9 thru 20, and Assistant City Manager Hennings requested that Item No. 12 be withdrawn. In answer to a question from Council Member Strong in 9 pertaining to the Sister City Affiliation with Toledo, Manager Hennings noted that this is the first step establishing a sister city relationship, indicating that City will then have to develop some funds for it. reference to Item No. Spain, Assistant City in the process of if it develops, the Ms. Lois Wilder, representative of the Sister City Committee, stated that they are not asking for any kind of increase in their budget, noting that they are requesting no funds whatsoever and are looking at working through grants and cultural exchange. Minutes Regular Council Meeting June 21, 1988 Page 5 Mr. Lupe Valdez, President of the Westside Business Association, informed the Council that on Friday there will be a ceremony at the corner of Agnes and Laredo for the presentation of the Sword from Spain. Council Member Guerrero requested that the Staff work with the Sister City Committee to see if a sister city relationship could be developed with a city in Germany. In reference to Item No. 11 pertaining to the Navy Clear Zones Property Sale - Naval Air Station (11 parcels), Council Member Slavik referred to the bond election of 1982 when the voters were promised that the $5 million would be put into debt service for the retirement of the bonds, indicating that the promise should be kept. Assistant City Manager Hennings noted that this is a policy decision for the Council to make, noting that the staff is recommending that the City continue the past practice of placing the money in the Airport Bond Fund where it will be used as the City's match for federal grants to purchase land around the International Airport. Mr. Hennings explained the basis for the recommendation, noting that the promise which Mrs. Slavik referred to was not a legal promise. Council Member Moss indicated that it is his recollection that the Council agreed to put the money back into the Airport Fund at that time, noting that only thirty percent of the $5 million has been paid back. Council Member Slavik disagreed with Council Member Moss. Mr. Raymond Hasker, 1813 Wallace, noted that the money was promised to pay back the bonds and not be put into the airport, indicating that the money should be put back where it was originally promised. In answer to a question from Mayor Turner, Mr. Hennings noted that the bond program was set up on the assumption that the federal government would not reimburse the City with the hope that perhaps they would. Mr. Philip Rosenstein, 949 Bobalo, referred to Assistant City Manager Hennings' statement about it not being a legal promise and stated a promise is a promise. In answer to a question from Council Member Strong in reference to Item No. 13 pertaining to the WaterGarden Project, Assistant City Manager Hennings noted that the Watergarden is built within budget; the additional appropriation is needed because the contract sets out a schedule for fundraising by the Foundation for Science and Arts, noting that it has come in early; and therefore, necessary for the City to front the money and be reimbursed at the end of the year when the fundraising is complete. Mr. Hennings stated that the money will come from the Convention Center Bond Fund. Minutes Regular Council Meeting June 21, 1988 Page 6 In reference to Item No. 15 pertaining to the agreement with Corpus Christi Nueces County Service Delivery Area Private Industry Council for transition of administration of JTPA programs and funds, Council Member Slavik requested an explanation of the corrected memo on this agreement, and Assistant City Manager Utter noted that the principle change is the date from July 31, 1989 to July 31, 1990 as the effective date for vesting of retirement benefits, noting that the other changes in the memo are underlined. In reference to Item No. 15a pertaining to the acquisition of Parcel 15 in connection with the Aquarium Project, Council Member Moss inquired how this price compares to the other pieces of property and how much it is a square foot, and Assistant City Manager Hennings stated that he does not have that information in front of him and will provide Council Member Moss with the answer. In reference to a question on Item No. 18 from Council Member Moss regarding the banners at the Gartens on the People's Street T -Head, Assistant City Manager Hennings noted that the banners are being repaired and will be put up when the repairs are completed. There were no comments from the audience on the items except for Item No. 11. City Secretary Chapa polled the Council for their votes and the following were passed: 9. RESOLUTION N0. 20347 INVITING THE CITY OF TOLEDO, SPAIN, TO BECOME A SISTER CITY OF THE CITY OF CORPUS CHRISTI, TEXAS, AND CONVEYING THE WARMEST REGARDS AND DEEPEST FRATERNAL SENTIMENT OF THE PEOPLE OF CORPUS CHRISTI TO THE PEOPLE OF TOLEDO. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 10. RESOLUTION NO. 20348 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 4 AND 5 IN CONNECTION WITH THE UP RIVER ROAD STREET IMPROVEMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 11. RESOLUTION N0. 20349 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE SALE OF 11 PARCELS OF NAVY CLEAR ZONE LAND AT THE NAVAL AIR STATION TO THE UNITED STATES OF AMERICA FOR A CASH CONSIDERATION OF $176,775. Minutes Regular Council Meeting June 21, 1988 Page 7 The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 12. Withdrawn (See page 4) AUTHORIEIN6-THE-614£68TION-9F-THE-B668NENT6-NEGE66AR -FOR-THE-A698I6iTION-6F PARGE1;-3-EN-66NNEGTION-WITH-THE-FUTURE-EXPANSION-9F-THE-OrN:-6TEVEN6-WATER TREATMENT-PEANT;-AND-APPRBPRIAT;N6-$897341•:39: 13. RESOLUTION NO. 20350 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE FOUNDATION FOR SCIENCES AND ARTS, INC.; AND APPROPRIATING $300,000. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 14. RESOLUTION NO. 20351 APPROPRIATING $213,194.94 TO SUPPLEMENT $229,597.71 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 15. RESOLUTION NO. 20352 AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT WITH CORPUS CHRISTI NUECES COUNTY SERVICE DELIVERY AREA PRIVATE INDUSTRY COUNCIL FOR TRANSITION OF ADMINISTRATION OF JTPA PROGRAMS AND FUNDS. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 15a. RESOLUTION NO. 20353 AUTHORIZING THE ACQUISITION OF PARCEL 15 IN CONNECTION WITH THE AQUARIUM LAND ACQUISITION PROJECT. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 16. ORDINANCE NO. 20354 AMENDING ORDINANCE NO. 20196 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: Glenoak Drive, from Waldron Road to Saint Peter Street; AND DECLARING AN EMERGENCY. t Minutes Regular Council Meeting June 21, 1988 Page 8 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 17. ORDINANCE NO. 20355 AUTHORIZING THE MARINA SUPERINTENDENT TO EXECUTE A ONE-MONTH LEASE OF THE L -HEAD BAITSTAND FOR A CONSIDERATION OF NOT LESS THAN $400 PER MONTH, AND TO EXECUTE UP TO FIVE SUBSEQUENT ONE-MONTH LEASES FOR NOT LESS THAN $400 PER MONTH UNTIL A LONG TERM LEASE CAN BE FINALIZED. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 18. ORDINANCE NO. 20356 AUTHORIZING THE EXECUTION OF A ONE-YEAR SERVICES CONTRACT RENEWAL WITH GARTENS, INCORPORATED, DBA THE GARTENS, LOCATED ON THE PEOPLE'S STREET T -HEAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero voting, "No." 19. FIRST READING AUTHORIZING THE EXECUTION OF A PARTIAL RELEASE OF COASTAL PUBLIC LANDS LEASE NO. CL -80-008, WHICH IS THE RED DOT BAIT STAND TRACT ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 20. SECOND READING AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE HERTZ CORPORATION; COASTAL BEND RENT -A -CAR, INC. D/B/A AVIS RENT -A -CAR; NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC.; PAGAN LEWIS MOTORS, INC. D/B/A BUDGET RENT -A -CAR; AND LOMA ENTERPRISES D/B/A DOLLAR RENT -A -CAR FOR CAR RENTAL CONCESSIONS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting June 21, 1988 Page 9 Mayor Turner called for consideration of Items 21 and 22, and there were no comments from the Council Members or the audience. City Secretary Chapa polled the Council for their votes and the following Resolutions were passed: 21. RESOLUTION NO. 20357 AUTHORIZING THE EXECUTION OF A NATURAL GAS SUPPLY AGREEMENT WITH CORONADO TRANSMISSION COMPANY. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 22. RESOLUTION NO. 20358 AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE SOUTHSIDE YOUTH FOOTBALL LEAGUE FOR A TERM OF FIVE YEARS AND AUTHORIZING THE LEAGUE AS ELIGIBLE FOR FINANCIAL ASSISTANCE. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 23 pertaining to the Shoreline Surreys of Texas. Assistant City Manager Hennings provided some background information on the two surrey concession contracts, noting that if the Shoreline contract is approved today that both the contracts will expire at the same time next May, noting that at that time, the City would advertise for proposals for surrey service. Mr. Ed Prichard, attorney for Mr. Michael O'Connor, the majority owner of JoMar Surreys, Inc., presented background information since the first contract in 1982 with Danny Pollinard, referring to the five-year contract in 1984 with an option to renew for five years. Mr. Prichard referred to the Council Meeting in 1987 when another surrey concessionaire requested to operate on the bayfront and he read excerpts from the Minutes of various Council Meetings when this matter was discussed, elaborating on the concerns of several Council Members. Mr. Prichard also referred to portions of the Byerley's contract and referred to a very detailed report of a study done by Risk Manager Blosser indicating that it was a safety hazard to have more than 30 surreys on the bayfront, noting that an article pertaining to this appeared in the local newspaper. Mr. Prichard presented the Council with material and referred to the Water Shore Advisory Committee Minutes when Bob Bruner, Park & Recreation Director, cancelled the Byerley's contract because of the economic impact and indicated that there should only be one surrey concessionaire. Mr. Prichard stated that it is time for the Minutes Regular Council Meeting June 21, 1988 Page 10 Council to establish a policy for the City, expressing the opinion that the Byerley's contract should not be renewed. Mr. Prichard indicated that the contract with JoMar Surreys, (Corpus Christi Surreys) was not an exclusive contract but for a five-year period with a option to renew for five years. Mr. Michael O'Connor, majority owner of Corpus Christi Surreys, referred to Mr. Bruner's remarks in reference to canceling the Byerely's contract and also indicated that there is not enough income to justify two concessions on the bayfront. He referred to the income of the business, noting that it is down 46 percent since the ten months the Byerleys have been in operation. Mr. O'Conner stated there should be some loyalty shown to concessionaires in the City, noting that there should be a policy for fair treatment of the concessionaires. Mr. O'Conner spoke briefly in reference to a cost statement for the year 1988 for his company and presented information to the Council. A representative from M -Bank, the original lender to JoMar Surreys, spoke briefly in reference to the contract with Danny Pollinard, indicating that the bayfront cannot support two rental businesses, noting that he has privilege to the numbers. Mr. Danny Coover, attorney for Shoreline Surreys, presented data to the Council concerning gross revenue by the two surrey companies, noting that competition has been good for the two surrey concessions and that his client should be allowed to continue to operate. Mr. Coover indicated that the reason the other concession has experienced a slump in revenues is because the concession has not been available on a consistent basis this last year. Mr. Coover referred to the safety study, indicating that the Risk Management people did not conclude that the additional surrey was a problem. Mayor Turner expressed concern that the City denied Surreys by the Sea a request to expand and then allowed a second concession to operate on the seawall. Discussion followed and Council Member Guerrero pointed out that in the ten months the Byerley's have been in operation, no safety problem has occurred. Council Member Strong referred to the Council Meeting last year when the Byerley's were awarded a contract, noting that it was a bad contract and did not reflect the attitude of the Council. Mrs. Strong presented some background information regarding the safety study and noted that last year a need for a definitive study which outlined the needs for types of vehicle and limitations of different types on the bayfront was requested but never done. Mrs. Strong indicated that the City's share of income with the two businesses is up substantially, noting that the seawall could easily support two surrey concessions. In answer to a question from Council Member Rhodes about it being a safe situation, Risk Manager Blosser noted that this recommendation is not from his department and commented briefly on the safety study. He indicated that there are far fewer than sixty surreys in operation on the seawall, noting that sixty actually operating would be too many. Minutes Regular Council Meeting June 21, 1988 Page 11 City Attorney George indicated that he does not believe there is a safety issue. He referred to some clauses in the contracts and indicated that the City is well protected by the clauses. He stated that in regard to exclusivity, he did not believe there is a problem with regard to favoring one concession over the other. After more discussion, Assistant City Manager Hennings indicated that the recommendation is from the Water Shore Advisory Committee along with the Staff. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 23. RESOLUTION NO. 20359 AUTHORIZING THE EXECUTION OF A CONCESSION AGREEMENT WITH SHORELINE SURREYS OF TEXAS FOR THE OPERATION OF A QUADRI-CYCLE SURREY CONCESSION ALONG THE BAYFRONT SEAWALL. The foregoing Resolution passed by the following vote: Pruet, Berlanga, Guerrero, Rhodes and Strong voting, "Aye"; Turner, Moss, Schwing and Slavik voting, "No." * * * * * * * * * * * * * * In reference to Item No. 24 pertaining to the Water Division Facilities at the City Service Center, Council Member Moss inquired when the plans will be completed, and Victor Medina, Engineering Services Director, replied that it should be four-month project. There were no comments from the audience on Item No. 24. In reference to Item No. 25 pertaining to the HMO Proposals Approval, Assistant City Manager Andrews gave some background information on this item, indicating that the City received bids from Coastal Bend and from Humana. She noted that the City's contract with the current HMO provider, Coastal Bend will expire on August 1, 1988, indicating that HMO's are offered voluntarily by the City. Council Member Slavik inquired whether both plans are offered if it would hurt the City's health plan, and Mrs. Andrews replied that there will possibly be a shift within the HMO carriers; it will also affect the CitiCare plan; noting that there could be an effect on the number of participants in the City plan. Mrs. Andrews indicated that the plans will be looked at in one year. In answer to a question from Council Member Rhodes whether the City could afford this, noting that last year the Council was told that it would gut the City's plan to have both, and Mrs. Andrews stated that if you look at the budget and the group health insurance fund that at the end of this fiscal year, it shows a loss of about one half million dollars, noting that the City had planned an 18 percent rate increase from the employees just to maintain the CitiCare T Minutes Regular Council Meeting June 21, 1988 Page 12 function. Mrs. Andrews indicated that health care costs are very hard to keep under control and that the City will let the employees know of the differences between the plans. Mrs. Andrews indicated that the City may be forced into the position to carry just an HMO and the employees will be given less of an option. In answer to a question from Council Member Rhodes about why the City is recommending both plans, Assistant City Manager Hennings noted that the low bid is very favorable for the employees; the City should take advantage of it and offer it to the employees; and next year the entire situation will be reviewed. Risk Manager Blosser indicated that because the City has restructured the CitiCare plan that it will be able to hold its own in the next twelve months. Assistant City Manager Hennings noted that for some employees it is a real inconvenience to change plans, noting that the City would like to not force that on the employees if it is not necessary. Council Member Schwing expressed concern why the recommendation was not just for one carrier, indicating that the staff should stop trying to make everyone happy. He stated he would rather vote for one or the other, with the staff recommendation telling him which one they believe is better. Mr. Hennings stated that this is part of the employee fringe benefit package; the availability of three options is an advantage to the employee; and it is a benefit to have multiple providers to offer the employees. After discussion by various Council Members, Mrs. Andrews explained the characteristics of an HMO and the differences from a comprehensive medical plan. City Attorney George referred to Mayor Turner and Council Member Strong, noting that he has determined that they have no conflict of interest in regard to this item, indicating that they can participate in the discussion and vote. Council Member Strong inquired if the City has justification for a City sponsored plan, and Mrs. Andrews noted that it is a different kind of coverage and she explained the differences. In answer to a question from Council Member Guerrero regarding a pharmaceutical issue, Mr. Hennings stated that it is his understanding that Coastal Bend has resolved that issue satisfactorily, noting that the Humana plan has a limited plan on certain pharmacists. Mr. Charles Nichols, owner of Nichols South Side Pharmacy, stated that everyone should have access to any prescriptions which a doctor writes, indicating that Humana does not allow for that. Ms. Melody Hoy, Ahoy Pharmacy, indicated that the pharmacists have negotiated with Humana; they were offered a contract; it was not economically feasible; and they turned it down. Minutes Regular Council Meeting June 21, 1988 Page 13 Mr. Jim Salyer, Executive Director of the Humana Health Plan, stated that they negotiated with the local pharmacies and were unable to reach an agreement. He stated that the issue is not pharmacy coverage but HMO coverage to the City employees. Mr. Javier Colmenereo, Sales Manager for Humana Health Plan, indicated that their basic coverage does allow the use of all pharmacies within the service area, noting that the individual would have to pay for the service and submit a claim to get a reimbursement. Mr. Glen Pugh, attorney representing the pharmacists, noted that they did negotiate with Humana and he briefly described the negotiations. Mr. Tom Dwyer, Executive Director of the Coastal Bend Health Plan, complimented Risk Manager Blosser and his staff. After more discussion, City Secretary Chapa polled the Council for their votes and the following Resolutions were passed: 24. RESOLUTION NO. 20360 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MORGAN SPEAR ASSOCIATES, INC. PROVIDING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE NEW WATER DIVISION FACILITIES TO BE LOCATED AT THE CITY SERVICE CENTER AND FOR THE PREPARATION OF A SUPPLEMENT TO THE MUNICIPAL SERVICE CENTER MASTER PLAN; AND APPROPRIATING $90,000. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 25. RESOLUTION NO. 20361 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH COASTAL BEND HEALTH AND HUMANA HEALTH CARE PLAN FOR EMPLOYEE HEALTH INSURANCE BENEFITS. The foregoing Resolution passed by the following vote: Pruet, Berlanga, Guerrero, Moss, Schwing, Slavik and Strong voting, "Aye"; Rhodes voting, "No"; Turner abstaining. Mayor Turner declared a five-minute recess at 5:09 p.m. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 5:15 p.m. and called for consideration of Item No. 26 pertaining to the City's vacation and sick leave policy. Minutes Regular Council Meeting June 21, 1988 Page 14 Assistant City Managers Hennings and Andrews explained the recommendation to the Council, noting that there is an August 1, 1988 target date to implement this program, noting that it is a policy decision to establish a new vacation and sick leave policy including a disability income protection plan. Mrs. Andrews noted that there are two plans and explained the differences between Plan I and Plan II, and Mr. Hennings briefly commented on the proposals. Mr. Frank Forbes, Human Resources Director, briefed explained about the typical practices in private industry making comparisons to the public sector. After a lengthy discussion by the Council Members, including questions and answers by the staff, various Council Members expressed concerns about this policy, and it was the consensus of the Council that this matter needed more discussion. A motion was made by Council Member Guerrero to delay this item for one week. The motion was seconded by Council Member Slavik and passed by the following vote: Turner, Berlanga, Guerrero, Moss, Schwing and Slavik voting, "Aye"; Rhodes, Pruet and Strong voting, "No". There were no comments from the audience. 26. (Delayed one week) AMENDING--0RDi4 MIC€- 17728,-T41-R-G4T3118-6Ek4P€N& T14?N--ANi}--GLA.c,SI-FbGA'FION-ANDY REGARD4N6-THE-ACCRUAL-AMB-{36 OF-ArAGA 40.14-,-flINMRSGNAb 11R4V r -Bl -65TV EMPU9P'EESt-PRGVID4N9-THAT-EMPE9VEES-MAV-EEE6T-T9-PART464PATE-UNDER-DIFFERENT UEAVE-I AN.6;--R&VFSING-44E- R' -S RI-SAA4444'4- LEAVE-PAF,I6'#--PPO V4 4 G--P9R SEVERANGE-AND-BEGLAR4NG-AN-EMERGEN6V: Mayor Turner called for consideration of Item No. 26 pertaining to the zoning application no. 488-2 - Mr. Ben L. Herndon - "B-1" to "B-4." A motion was made by Mayor Pro Tem Pruet to send the application back to the Planning Commission with the request that they specifically address the issue of the utilization of this property as it relates to the used car operation. The motion was seconded by Council Member Guerrero. Council Member Rhodes indicated that the ordinance before the Council is the appropriate recommendation for that particular piece of property, expressing the opinion that by sending it back to the Planning Commission would be a cop-out. Ms. Susan Mason, an attorney representing the Herndons, indicated that the motion is acceptable to them because the ordinance does not address what they made application to do. The vote on the aforementioned motion passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Schwing, Slavik and Strong voting, "Aye"; Rhodes voting, "No." 27. Referred to the Planning Commission AMEND4N6-=FH&-4919--NG-44WH 404M-47P4ki--APPB49AT49N-49F-TEi1--4n--H•ERNBGN--Ey GRANTING-4--REVISED-4WEG=.4I:-69UN94F.- PERMIT-FOR-4W—AUTO AIR-G9NB4T49N4NG REPAIR-£HOP-4Wi-T41--ASSOG1A-THD-&NGIN&-REPAMRT-N l£H--HOUHS- GF• OP5RNFWN-€HAbb BE-b4M4TEB-FR9M-8-A:M--T9-6-P-MT-919-B9T-P4-AND-THE-REMAINING-P9RTHN-9P-E9T 43T-E-0614-6T-K9OLSIRE-ABB4T49NI-AND-DEGLAR4N6-AN-EMERGEN63Ft Minutes Regular Council Meeting June 21, 1988 Page 15 Mayor Turner called for consideration of Items 28 and 29. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed on first reading: 28. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE BUCCANEER COMMISSION INC. FOR THE USE OF CERTAIN CITY PROPERTIES AND SERVICES DURING THE ANNUAL BUCCANEER DAYS FESTIVAL; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 29. FIRST READING AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE --SCHEDULE AND REGULATIONS, BY DELETING THE OUT -OF -CITY LIMITS RESIDENCE FEE AND THE SCHEDULED AUGUST 1, 1988, RENTAL RATE INCREASE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 30 pertaining to the recreation fees and charges. Assistant City Manager Hennings referred to the information which the Council received in their packets pertaining to a summary of the Griffith Study and the cost recovery report, noting that Item 30 is the first step in the implemention of the recommendation that arose from that report, which requires that the Director of Parks and Recreation do an annual survey of the fees, and for the City Manager to adopt the fees for recreation services. Bob Bruner, Park and Recreation Director, explained the proposed new fee schedule, noting that the proposed fees were based on the total cost developed by Griffith and Associates in their recent study. Minutes Regular Council Meeting June 21, 1988 Page 16 Mr. Bruner stated that the recommendations from staff are as follows: the cost recovery for adult and youth sports be reduced to 40 percent, provided that charges not be set below the current level; the current $325 fee for adult softball be reconsidered by the City Council and be reduced to 40 percent recovery, or $214.00; and that the current pool fees for General Swim not be increased. He pointed out that the Griffith Study does not allow rental rates for fields. Ms. Dionne Kaiser, Director of Aerobics Plus, noted that their classes are offered through the Parks and Recreation Department and she objected to the increase in fees for the recreational facilities, noting that they would have to raise their fees to the citizens. Ms. Cheryl Vanderberg, Aerobics Plus Instructor, noted they offer a quality program on a national level and objected to the increase in fees. Gwen Bryant, 5029 Merganser, spoke on behalf of the Park Board in reference to the fees. Mr. Curtis Rich, 5314 Crossridge, a representative of the Grandstands, requested clarification of the fees for softball, and Mr. Bruner provided an explanation of the recommendations. Mr. Rich noted that the Grandstands endorses the $325 per team/season for adult softball. Council Member Strong indicated that the information the Council was given in their packets is different from the material which was just presented to them, and after some discussion from the staff, she expressed concern about the incorrect information in the packets, noting that she is also concerned about the figures in the Griffith Study. After discussion of this item by several Council Members expressing their concerns and indicating that they would like to delay this item, Assistant City Manager Hennings noted that the Council will be provided with a table which lists the present fee and proposed fee for each item individually, including the percentage of increase. A motion was made by Council Member Guerrero to schedule a Council Meeting late in the afternoon on June 28 to deal with this item and the City's Compensation & Classification Plan. The motion was seconded by Council Member Slavik and passed unanimously by those present and voting. 30. Delayed one week AMENDING-THE-GITY-698£T-GHAPTEH-36T-PARK6T-REGREATIONT-GHbTDHAb-AND-bEIEDRE TIM€-P,f4IV444EGri--I'--4NOA}bNG-SDGP GRD-36-b-4HROUCIT 446-5-4N19--8EGSIGNS-36-; THROUGH-Se-S:4-4G-PROVI -FOS--AN--ANSPA REVINW-AP-REGREATb9NAb-GRARGE6-€9R PAGbbITIEGT- HOME 4 --AND•-SERVIGENT--AgROPR rI -TRD-PARK--ANib-REGR€ATION DIRECTOR-49-ABJ{ '-444N--6OHEDiH,E-44:-4N 4HGM vHg3EGP-P9-APPE9VAb-OP-THE-GITi'• NANAGERT-AND-AUTHOR) NG -4 -NEGGP-14 T-IGN- OP- GWAI,E6--FA-EVENS S-WITR-£PEGAb 9R ,,N ;447-41 9R-REQIH-REMEN-T-8-; PRAVPBFNe FOR 4EV€NANGE; -ANB• PROVIDING £9R-PUBb4GATI9Nr Minutes Regular Council Meeting June 21, 1988 Page 17 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the street closure request - Cuiper Street. Victor Medina, Engineering Services Director, located the area on the map and noted that Lontos Engineering, agent for the owners of the Port -Ayers Shopping Center, has made a request to close and abandon a 3.6 -foot wide by 150 -foot long portion of Cuiper street between Ayers and Kilgore Streets. Mr. Medina stated that no utilities exist or are planned within the portion of right-of-way requested for closure; therefore, staff has no objection to the closure, subject to the applicant paying fair market value for the closed right-of-way, removing the concrete steps from the adjacent sidewalk and replotting the property. Ms. Angie Rodriquez, 4318 Kilgore, offered no objection to the closure, noting that she did have a concern but Mr. Medina explained the matter to her satisfaction. A motion was made by Mayor Pro Tem Pruet to close the public hearing; seconded by Council Member Berlanga and passed unanimously by those present and voting. A motion was made by Council Member Rhodes to close and abandon the 3.6 -foot wide by 150 -foot long portion of Cuiper Street right-of-way near Ayers Street. The motion was seconded by Council Member Moss and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and Assistant City Manager inquired about the Council Retreat, and it was the consensus of the Council that the Retreat be held at City Hall at 9:00 a.m. on June 28, 1988 with a Council Meeting during the afternoon at approximately 3:30 p.m. Council Member Moss referred to a letter from the RTA, noting that they will meet at 8:00 a.m. on Wednesday. There were no petitions from the audience. There being no further business to come before the Council, the Mayor adjourned the Council Meeting at 6:45 p.m. on June 21, 1988. * * * * * * * * * * * * * I 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 June 21, 1988 which were approved by the City Council on July�5, 1988. WITNESSETH MY HAND AND SEAL, this the (C/ day of Betty Turn -r, MAYOR Armando Chapa, City SecrNtary City of Corpus Christi