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HomeMy WebLinkAboutMinutes City Council - 05/22/2001I 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 May 22, 2001, which were approved by the City Council on May 29, 2001. WITNESSETH MY HAND AND SEAL, this 29th day of May, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 22, 2001 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. He delivered the invocation and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 Neal called for approval of the minutes of the regular Council meeting of May 15, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-6). Council members requested that Items 2, 4 and 5 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2001-198 Motion approving the supply agreement for dumpster route service in accordance with Bid Invitation No. BI -0117-01 with Browning Ferris Industries (BFI) Waste Systems of America, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $43,134.36. 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. This service will be utilized at thirty-eight different City facilities. Funds have been budgeted in FY00-01 by the using departments. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting May 22, 2001 Page 2 6. ORDINANCE NO. 024461 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 2 Administration, Article IV Miscellaneous Boards, Commissions and Committees, Division 8, Section 2-115 and 2-116, by modifying the composition of the Animal Control Advisory Committee; providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, custodial services. Responding to Council Member Noyola, City Manager Garcia said that Member's Building Maintenance Corporation of Dallas was the previous successful contractor but this year they conditioned their offer to accept an all -or -none award for all three bids. He said they were the low bidder in two of the bids but they were high in the third bid; consequently, they were not awarded the contract. Mr. Mike Barrera, Procurement & General Services Manager, said that condition was made by the bidder and not by staff and is similar to a volume discount. City Secretary Chapa polled the Council for their votes as follows: 2.a. M2001-195 Motion approving a supply agreement with J.K. Janitorial, Inc., Corpus Christi, Texas for custodial service for various police department facilities in accordance with Bid Invitation No. BI -0025-01, based on low total bid for an estimated annual expenditure of $19,179.12. The term of the contract is 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 Manager or his designee. Funds have been budgeted in FY00-01. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 2.b. M2001-196 Motion approving a supply agreement with J.K. Janitorial, Inc., Corpus Christi, Texas for floor service for various police department facilities and the main police building in accordance with Bid Invitation No. BI -0026-01, based on low total bid for an estimated annual expenditure of $28,341.19. The term of the contract is 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 Manager or his designee. Funds have been budgeted in FY00-01. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting May 22, 2001 Page 3 2.c. M2001-197 Motion approving a supply agreement with One Source Facility Services, Inc., Corpus Christi, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI -0027-01, based on low total bid for an estimated annual expenditure of $68,580. The term of the contract is 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 Manager or his designee. Funds have been budgeted in FY00-01.Total Award: $116,100.24 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 4, breathing air cylinders. In reply to Mr. Noyola, Mr. Barrera said this bid entails two different line items (for breathing air cylinders with and without valves), and staff reserves the right to award them separately. However, the price difference between them was only $8.75 and rather than award two different contracts, staff is recommending that both line items be awarded to Four Alarm Fire Equipment. City Secretary Chapa polled the Council: 4. M2001-199 Motion approving the purchase of fifty Breathing Air Cylinders in accordance with Bid Invitation No. BI -0129-01 from Four Alarm Fire Equipment, Houston, Texas, based on low total bid for a total of $33,046.25. The breathing air cylinders will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY00-01. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, replacement of wastewater laterals. Council Member Colmenero asked about this change order. Mr. Angel Escobar, Director of Engineering Services, explained that when this project went out for bids, staff included the rehabilitation of the sanitary sewer line underneath Santa Fe. He said staff anticipated that the 11 lateral lines that come off of the main line would be able to be sliplined in the same manner as the main line. However, when the 11 laterals were cleaned and televised, it was discovered that six of them are so badly deteriorated that they need to be replaced. Mr. Escobar said this action will not delay the project. City Secretary Chapa polled the Council for their votes as follows: 5. M2001-200 Motion authorizing the City Manager or his designee to execute Change Order No. 9 with Minutes - Regular Council Meeting May 22, 2001 Page 4 Haas -Anderson Construction Company, in the amount not to exceed $178,589.50 for replacement of wastewater laterals for the South Alameda, Santa Fe and Weber Rehabilitation Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 7) was a special recognition of the Corpus Christi Housing Authority (CCHA). The Mayor explained that about three years ago the U.S. Department of Housing and Urban Development (HUD) informed the CCHA that it was not delivering the necessary services to its clients. As a result, on May 17, 2000 the CCHA was designated as a "troubled agency" and given specific tasks to complete in one year with the assistance of a technical consultant. Mr. William Bonilla, Chairman of the CCHA Board, introduced the other board members: Rick Frederickson, Elmer Wilson, Alice Marruffo, Patsy Boone, and Michael Raymond, CCHA Executive Director. Mr. Raymond said CCHA completed the required tasks in 10 months and submitted their report to HUD in March. On April 20, 2001, HUD informed the CCHA that it was no longer a troubled agency and it was returned to the jurisdiction of the San Antonio HUD office. Mr. Raymond said he feels the local housing authority has more work to do, particularly in addressing the residents' needs. He said the board is committed to the goal of making the CCHA one of the finest housing authorities in the country. Mr. Raymond commended Mayor Neal for his selection of the board members and for the efforts of the CCHA staff. Council Member Garrett said the CCHA's improvements are visible. * * * * * * * * * * * * * The second presentation (Item 8) was the quarterly update by the Economic Development Corporation (EDC). Mr. Ron Kitchens, CEO and President, said the city is experiencing an all-time low in unemployment (5%) and approximately $800 million in new public and private sector projects have been announced. He said that since August 2000 (the start of the EDC's fiscal year), 2,700 new jobs have been announced, which will require 5,400 permanent contractors to support them. Mr. Kitchens said 14 site selectors were scheduled to arrive that day to scout new locations for their manufacturing and office companies. He discussed the EDC's redesigned website, which includes a large amount of demographics, site availability and contact information. The site will also be geared toward businesses in Central and South America. Mr. Kitchens also described the EDC's efforts to learn about other community's best practices and a seminar they are organizing entitled "Finding Your Community's Niche in the New Economy." Council Member Chesney asked if the EDC had tracked the number of jobs that have been Minutes - Regular Council Meeting May 22, 2001 Page 5 lost and the resulting net gain in jobs. Mr. Kitchens replied that they are preparing those figures and they are aware of one merger which resulted in the loss of about 250 jobs. Mr. Chesney said it is important that the community is aware of the EDC's efforts. Responding to another question from Mr. Chesney, Mr. Kitchens said the new jobs to which he referred fall into three categories: business services, manufacturing, and technology, which are primary income jobs. Mr. Chesney offered his assistance in the city's economic development efforts. In reply to Council Member Scott, Mr. Kitchens said the unemployment rate in Corpus Christi last year was 6.3% and now it is 5%. He said he believes that figure will continue to decrease. Mr. Kitchens also said that one reason businesses chose not to locate in Corpus Christi is because of the state of the national economy, as well as lack of incentives and lack of available developed sites and buildings. Mr. Scott said that Horton Automatics is an example of a business that is able to expand because of cooperation with the city. Council Member Colmenero said it is important to ensure that the EDC's website meets international language standards. Mr. Kitchens said two EDC staff members have degrees in Spanish and the site will also be reviewed by a Spanish professor. He said he is aware of potential investors in Central and South America. Council Member Kelly asked how the EDC is educating local residents about the opportunities that are being created. Mr. Kitchens said the EDC cooperates with the Texas Workforce Commission, Del Mar College, Texas A&M University -Corpus Christi and the Chamber of Commerce. He explained how people can learn more about available jobs. Mr. Joe Adame, Chairman of the EDC Board, thanked the Council for their support and he said they intend to be accountable. He also invited the Council to visit the EDC's office. * * * * * * * * * * * * * The third presentation (Item 9) was regarding the hurricane preparedness/refuges of last resort programs. City Manager Garcia noted that hurricane season begins June 1st and the city has already begun to prepare for that. Using a computer presentation, Mr. Juan Ortiz, Emergency Management Coordinator, discussed the following: storm classification, risk area definition, behavioral study, evacuation clearance times, uncertainty factors, evacuation decision tool, and evacuation traffic flow. He said storms are classified as either a tropical depression, tropical storm (31-73 mph winds), or one of five categories of hurricanes. Those categories are: Category 1, winds 74-95 mph; Category 2 is 96-110 mph; Category 3 is 111-130 mph; Category 4 is 131-155 mph; and Category 5 is over 155 mph. Mr. Ortiz said that in addition to high winds, hurricanes also cause storm surges. The areas that could be affected by the surges are determined by using computer modeling, known as a SLOSH (Sea, Lake and Overland Surge from Hurricanes) study. He said that Aransas, Refugio, San Patricio, Nueces, Kleberg and Kenedy counties are divided into five risk areas with a total population of 439,028. Mr. Ortiz also discussed a behavioral study that was conducted using a random phone survey of people living in all five risk areas. He said Nueces County was also divided into five risk Minutes - Regular Council Meeting May 22, 2001 Page 6 areas with a total population of 311,549. He also discussed evacuation clearance times and traffic flow. He noted that clearance times assume travel through impacted risk areas only, not to a person's final destination, such as San Antonio, Austin, or Dallas. They also assume that critical traffic points will be controlled and that there will be a 20% degradation in route capacities, including spontaneous evacuation from risk areas 4 and 5. With regard to evacuation traffic flow, Mr. Ortiz said that the reversal of lanes on IH -37 will have a minimal impact on clearance times. He said the cross-over point is located outside Nueces County in risk area 3. Mr. Garcia and Mr. Ortiz also responded to Council members' questions. The second part of the presentation was made by Ms. Barb Sudhoff, Director of Municipal Court, regarding the refuge of last resort program. She said the City Council directed staff to develop the program in response to citizens' concerns after Hurricane Bret hit the Coastal Bend on August 22, 1999. She emphasized that if a hurricane is imminent, evacuation is the best option, and the refuge program will only be activated once evacuation is no longer viable. Ms. Sudhoff said the city's partners in this program are Corpus Christi Independent School District, the local chapter of the American Red Cross, and the Salvation Army. She said the city has two interlocal agreements with CCISD to provide school facilities (including existing school sites and the use of principals and custodians at those schools) and to provide pre-packaged food (cold sandwiches and available USDA commodities delivered to the sites). She said the American Red Cross has provided shelter management training based on their model. Ms. Sudhoff noted that an interlocal agreement between CCISD and the Red Cross is pending. The city will turn over the shelter sites to the Red Cross immediately after a hurricane. Ms. Sudhoff said the city will manage the facilities, including food distribution, registration, communication, and dormitory management. She said in order to implement the refuge program, the city's Human Resources emergency services policy has been revised to designate all city employees as essential employees, either for operational needs or emergency management. She said that after the Emergency Operations Center (EOC) has been opened in advance of a hurricane, the Mayor and City Manager will make the decision about activating the refuge program in cooperation with the EOC Coordinator for the school district. At that time, all city teams will be activated and the city employees' shelter will be established so they can take their families there before having to report to work for what could be very long shifts. After that, the sites of the 12 shelters open to the public will be released by the media. Ms. Sudhoff emphasized that the refuges of last resort, which have limited capacity, will only provide basic shelter and accommodations. She said people need to understand that the city will not guarantee their safety if they choose to go to the shelters. She also discussed the items that citizens will and will not be able to bring to the shelters. Mr. Scott Kucera and Mr. Leroy San Miguel of CCISD and Ms. Judi Oestreich of the local chapter of the American Red Cross briefly discussed the many hours of work involved in developing this program. Responding to Council questions, Ms. Sudhoff said the shelters cannot accommodate sick Minutes - Regular Council Meeting May 22, 2001 Page 7 people or pets and she urged those citizens to make other arrangements now before a hurricane comes. Mr. Ortiz added that state regulations require that nursing homes have an evacuation plan for their residents. Mayor Neal pointed out that emergency services vehicles will not be available to transport citizens to the city shelters. Ms. Sudhoff also briefly discussed the liability waiver that citizens will have to sign when they come to the shelters. She noted that city staff is working with other school districts in addition to CCISD on this program. The third part of the presentation was regarding traffic management and the I1-1-37 conversion plan, which was given by Captain John Galvan of the Texas Department of Public Safety (DPS). He noted that the primary northerly and westerly routes away from the Coastal Bend are IH -37; US 181 and 77; FM 665, 70, 774 and 185; and Texas 44, 141, 285 and 188. Capt. Galvan discussed the criteria that will be used in determining whether to convert the southbound lanes of IH -37 for northbound traffic. They include that the predicted time of the hurricane's landfall is less than the time normally required to evacuate; size and/or intensity of the storm; anticipated path; possibility of a storm surge; and the number of citizens affected. He said the lane reversal plan will not be considered for tropical storms and Category 1 or 2 hurricanes (although larger storms will not automatically trigger the implementation of the lane reversal plan). Capt. Galvan said the lane reversal operation will be conducted from the DPS District 3A EOC. The Disaster District Chairman 3A (DDC) will decide if an evacuation warrants the conversion of IH -37 and the Regional Liaison Officer will coordinate the plans with state and local government representatives. Highway Patrol field supervisors will monitor roadway conditions and (if necessary) suggest alternate evacuation routes; assist in evacuation traffic control; coordinate law enforcement activities; and keep the DDC/EOC updated. The DPS Public Information Officer will disseminate emergency information from the DDC advising the public of evacuation routes to be taken and coordinate with his or her counterpart at the Texas Department of Transportation (TXDOT) regarding roadway and traffic information for news releases. He also discussed TXDOT's responsibilities. Capt. Galvan said that local officials should begin discussing and planning for evacuation 36 to 24 hours prior to the storm's anticipated landfall, and that the evacuation recommendation be made with a minimum of 24-hour notice prior to landfall. He said a decision to evacuate later than that will be too late. He also discussed the reversal procedures, which will start at Loop 1604 south of San Antonio. Two DPS District 3B units from San Antonio will verify that the interstate is closed and managed at the Loop 1604 closure point. Capt. Galvan said the process will continue southbound, ensuring that each ramp is secured with personnel and barricades until reaching US 281 (Exit 72). Two DPS District 3A units from Corpus Christi will concurrently initiate the "flushing" procedures from US 281 until they reach the conversion point at the Nueces River Bridge north of US 77. He said the process should take about one to two hours to convert approximately 130 miles of IH -37. He added that emergency vehicles and others will have southbound access to the Coastal Bend via the frontage roads. Minutes - Regular Council Meeting May 22, 2001 Page 8 Mr. Ismael Soto of TXDOT noted that during Hurricane Bret it took residents several hours just to travel through Corpus Christi on South Padre Island Drive and IH -37 until they reached the Nueces River Bridge. In order to avoid similar delays during a future hurricane, Mr. Soto said that TXDOT is planning to restripe certain roadways to allow for a quicker and smoother transition out of the city. He said the Corpus Christi Police Department indicated that they will assist with traffic control. Mr. Soto said this process should only be used when extra highway capacity is needed. Mayor Neal said the city's EOC will be opened and staffed at least 36 hours prior to the expected landfall of a hurricane, at which time city officials will issue voluntary evacuation recommendations to people living on Padre Island and in low-lying areas. He said they are much better prepared now for a hurricane than they were previously. The Mayor called for a brief recess. * * * * * * * * * * * * * The fourth presentation (Item 10) was an update on the multi-purpose arena and convention center projects. Council Member Kelly stated that he had a conflict of interest with these projects and would not be discussing them. Mr. Raymond Gignac, of Gignac & Associates, referred to a diagram of the proposed master plan for the area. He said one of the concepts they are developing is to provide pedestrian -friendly access along the bayfront from the T -Heads to the Solomon P. Ortiz Center at the Port of Corpus Christi. He said there will be a loop around the Water Garden that will include a different pavement section with controlled access. He noted that the traffic lanes on Shoreline will remain the same until they reach the convention center, where they will be narrowed into the pedestrian -friendly area. He said there are plans to develop plazas at each lateral intersection of Shoreline in that area. Mr. Andy McLean, of Thompson, Ventulett, Stainback & Associates, discussed the expansion of the convention center and its relationship to the new adjacent arena. He said one of the highlights of the plan is to change the focus and arrival point of the convention center so that it will face the water. He said the project will include a new waterfront lobby and new meeting rooms, as well as a change in the building's appearance. Mr. Robert Fatovic, of Architectonica, said the floors of both the arena and the convention center's exhibit hall will be at the same level, which creates a public promenade with views of the water. He said locating the arena next to the convention center will allow for sharing of facilities such as service yards, mechanical space, and kitchens. He said the plan is to build the arena in a horseshoe shape to allow for future expansion. Mr. McLean said the joint use of the arena and exhibit hall will increase the available exhibit space to about 100,000 square feet. Mayor Neal said they would delay this presentation for a few minutes in order to hear petitions from the audience. Mr. Charles Tipps, 4822 Elm Hurst Lane, questioned whether his neighbor is receiving preferential treatment with regard to solid waste services. He said he had previously reported an Minutes - Regular Council Meeting May 22, 2001 Page 9 incident in which two Solid Waste Services personnel had parked their garbage truck in front of his neighbor's house and were working on her garage door for an extended period of time. Mayor Neal said staff would address Mr. Tipps' concerns. Mr. Lonnie Laningham, 4713 Alma, expressed concern about the traffic that will be created by the arena. He said Chaparral Street needs to be widened to four lanes with a turning lane and other infrastructure needs to be built to accommodate the increased traffic. Mr. Leon Perez, 904 Buford, said he was one of the people who built the seawall, which he said was not intended as a seawall but as a way to get down to the water. Mr. Joe De la Garza, 507 17th St., said he and others are awaiting information about an investigation into the recent election at the Corpus Christi Army Depot. He said the National American G.I. Forum refused to review a videotape involving Mr. Roland Garza, who made comments about Mr. De la Garza and others during a public access cable television program. He said they are asking that while the investigation is underway that the Felix Longoria Chapter of the American G.I. Forum not be allowed to operate in the city. Mr. Bill Vessey, 7689 Dallas, said that ClearSource recently installed a utility box in the easement in his back yard and they trampled a large shrub on two occasions, for which ClearSource paid him. He said he was not aware that builders often build right up to and onto the easement. Mayor Neal said developers are supposed to inform the property owners of the presence of utility easements and the property owners are not supposed to build over the easements. City Attorney Bray said that changes in the telecommunications industry may require staff to bring ordinances to the Council regarding the use of easements. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, discussed the recent passage of the NFPA 1710 standard by the members of the International Association of Firefighters. He said the local firefighters union would like to meet with the City Manager to discuss that standard, which he explained. Mayor Neal then returned to the fourth presentation regarding the arena and convention center projects. Mr. McLean further discussed specific aspects of the convention center, including a raised ceiling in the ballroom, pre -function areas, meeting rooms, concourses, and back -of -the house areas. He and Mr. Fatovic also responded to several questions from Council members regarding both the convention center and the arena. Mr. Kevin St. Jacques, of Wilbur Smith & Associates, discussed parking and traffic issues. He said the complex of facilities needs to be viewed as a whole since they are synergistic and will be sharing parking and circulation roadways. He discussed his company's estimates of the potential combinations of events that may be going on concurrently that should be considered to accommodate parking needs. Those levels of parking include: regular operations walk-up parking (245 days per year) - 1,450 parking spaces; mid-level event attendance parking (108 days per year) - 3,450 spaces; and high-level event attendance parking (12 days per year) - 5,250 spaces. Mr. St. Jacques also Minutes - Regular Council Meeting May 22, 2001 Page 10 discussed parking supply and demand management and potential major event parking strategies using free parking (including shuttles from the Staples Street station and the entertainment district) and parking fees (including adding parking spaces). He also responded to Council questions. Deputy City Manager Noe discussed revenue and expenditure estimates for both the arena and the convention center rehabilitation and expansion. He said staff estimates that the combination of revenues, a federal grant and the bond proceeds will equal $40.3 million for the arena, which is what the cost is estimated to be. The convention center revenues are expected to be $25.2 million and the expenditures are estimated at $24 5 million, with the convention center roof repair estimated to cost $744,395. Mayor Neal announced that Items 11 and 12 regarding the seawall were postponed. 12.a. POSTPONED 12.b. POSTPONED Coat Testing Laboratory) for the Pilot Seawall Reconstruction Projcct (Contract A) and Scawall Reeoi1struetien Projcct B 1. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, dog restraints. City Attorney Bray said Items 13.a. and 13.b. needed to be amended to make a technical correction to add the penalty clause to the ordinances. Mayor Neal called for public comment on Item 13.a. regarding tethering of dogs. Mr. S.M. Cowling, 138 Southern, referred to written comments he had provided to the Council regarding the proposed tethering regulations. He said while the proposal only establishes one method of tethering (on a trolley system), there are three other viable options: corkscrew ground anchor; tether attached to a building or fence; or adding a phrase to the definition of cruelty to animals to include tying up a dog where it cannot reach food, water or shelter. Mr. Cowling said the proposed regulation punishes all dog owners for the problems created by a few. He asked the Council to consider postponing this issue in order to receive additional input. Dr. Nina Sisley, Director of Public Health, said that local animal cruelty violations have to be filed under state law, which requires proof that the owner was culpable --a very difficult thing to prove with regard to this issue. City Manager Garcia said the key to animal cruelty is intent; consequently, staff cannot make a case against a person in these instances without clarifying exactly Minutes - Regular Council Meeting May 22, 2001 Page 11 what is legal and illegal. Council Member Colmenero said Mr. Cowling made some good points. Responding to Council Member Kinnison, Dr. Sisley said the dog tethering issue was discussed at the Animal Control Advisory Committee meeting, which is open to the public. Ms. Susan Thiem, a member of that committee, said the corkscrew ground anchor is not inexpensive and is sometimes difficult to install. She said the reason they recommended the trolley system is because it is the safest way to tether an animal. She said they are not trying to intimidate people but to protect animals. Responding to Council Member Longoria, Dr. Sisley confirmed that a dog can run loose as long as it is within a fenced yard. Council Member Scott said the proposed ordinance indicates that the only legal way to tether an animal will be with the trolley system. Council Member Kelly said the whole idea of this proposal is to take the intent of the owner out of the equation. He said he did not think citizens should be subjected to this type of strict liability, particularly since Mr. Cowling had suggested more reasonable alternatives. Mr. Jeff Beynon, Animal Control Supervisor, said they considered a time period to define "keeping" of the animal but there is no way Animal Control could enforce that provision at their current staffing levels. He said he would welcome public input to help staff with this problem because they do not want animals to continue to suffer without water or food or possibly choke to death. Council Member Garrett said he feels more public input is needed. Mayor Neal asked if Mr. Cowling's suggestions would work. Mr. Beynon replied that Animal Control staff have encountered dogs that have hung themselves after jumping over a fence while tied up. He added that the corkscrew anchor does not work in certain soil conditions. Council Member Chesney said he also has a problem with the strict liability standard. Ms. Thiem said there are many incidents of dogs dying from not being properly tethered that go unreported. Mr. Sirfrederickvon Eugenius King VII, 5901 Weber Rd., said that two years ago he was bitten by a dog, which resulted in medical expenses and a permanent scar. Mr. Bray said a citizen named Mr. Pat Kerr was at the meeting earlier but had to leave. Mr. Bray said Mr. Kerr feels the animal cruelty laws sufficiently addressed this issue. Responding to Mayor Neal, Mr. Bray said that based on case law, only the really egregious cases of animal cruelty are actually prosecuted. Mr. Colmenero made a motion to table Item 13.a. until June 12, 2001; seconded by Mr. Kinnison. City Secretary Chapa polled the Council for their votes and the motion to table passed as follows: Chesney, Colmenero, Garrett, Kinnison, and Scott voting "Aye"; Neal, Kelly, Longoria, and Noyola voting "No." Mr. Scott and Mr. Kinnison said they wanted to make sure that staff had enough time to solicit input from the public on this issue. Mr. Garcia replied that the motion that passed specified bringing the item back on June 12th. Dr. Sisley said the Animal Control Advisory Committee needs Minutes - Regular Council Meeting May 22, 2001 Page 12 to consider this issue but they will not hold another meeting until June 14th. Following additional discussion, Mr. Chesney made a motion to remove the June 12th date from the motion to table; seconded by Mr. Colmenero. Mr. Garcia suggested that Council direct staff to bring the issue back to the Council in 60 days. Mr. Chesney and Mr. Colmenero concurred and made that their amended motion. Mayor Neal called for a voice vote and the motion to table for 60 days passed unanimously. 13.a. TABLED Mayor Neal called for public comment on Item 13.b. and there was none. He then made a motion to amend Item 13.b. to include the penalty clause, seconded by Mr. Longoria, and passed unanimously. Mr. Chapa then polled the Council for their votes on Item 13.b. as amended: 13.b. ORDINANCE NO. 024462 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, Article I in General, by adding new Section 53-16, regarding the restraint of a dog in an unenclosed motor vehicle; providing for penalties; providing for an effective date. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * In his report, Mayor Neal said several people have asked him about plans to celebrate the city's sesquicentennial (150th) anniversary as an incorporated city. He said his office does not have the staff to organize such an event. Mr. Longoria suggested that agencies such as the Junior League and the Buccaneer Commission be approached for their input. Mr. Colmenero proposed that one or two members of the City Council be appointed to that committee. Mr. Kinnison recommended that the city's celebration be incorporated into existing events. Following additional discussion, City Manager Garcia said staff will prepare a presentation with some ideas on how to proceed. The Mayor then called for the City Manager's report. Mr. Garcia said the FY 2001-02 proposed budget will be presented to the Council on May 29th. Other items next week include the natural gas supply contract and the CYD grants. There was consensus of the Council to not meet on June 5th. The Mayor suggested that some of the Council's budget meetings start earlier in the day. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:30 p.m. on May 22, 2001.