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.