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HomeMy WebLinkAboutMinutes City Council - 04/04/1983 - SpecialI, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of April 1, 1983 thru April 30, 1983, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. April 11, 1983 - Special Council Meeting April 6, 1983 - Regular Council Meeting April 13, 1983 - Special Council Meeting April 13, 1983 - Regular Council Meeting April 20, 1983 - Regular Council Meeting April 27, 1983 - Regular Council Meeting MAYOR MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING APRIL 4, 1983 4:00 P.M. Present Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members Jack K. Dumphy Briones Bob Gulley *Herbert Hawkins Dr. Charles Kennedy Cliff Zarsky 0 cc LJ Deputy City Manager Ernest City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the special called meeting was to discuss the non-binding advisory referendum on the City Hall location. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Deputy City Manager Ernest Briones explained the sequence of events that had occurred in connection with the non-binding advisory referendum on the City Hall location. He informed the Council that since the motion was approved to conduct the referendum, the staff became aware of an opinion of the Secretary of State that a non-binding referendum is not exempt from the requirement that municipal elections must be held on four specific days of the year. Mayor Jones commented by stating that the letter was cx0 addressed to the City of Austin in 1982 and inquired if the same CD conditions exist as of this date. Q> rl Mr. Briones replied that the Legal Department had contacted a. the Secretary of State and the same conditions still exist and N there is the possibility that if the City conducts the election as planned on May 7, 1983, it could be challenged as an illegal election. Council Member Zarsky requested an explanation of the reason why this election might not be legal. City Attorney J. Bruce Aycock explained that the non-binding referendum is in the nature of an election and stated that according to the Secretary of State's letter to Austin,, Texas, non-binding referendums must fall on the regular city election dates. He explained the type of procedures followed by the City of Austin to conduct the opinion type of election by using private funds in setting up separate election booths. He stated that he feqls the City of Corpus Christi can do the same thing by 1 v Ct _nutes Special Council Meeting April 4, 1983 Page 2 using the funds from some source other than the City. He explained that the staff is of the opinion that the Corpus Christi Industrial Development Corporation would be a logical entity to conduct the non-binding referendum for the City. He referred to the charter and by-laws of the Industrial Development Corporation and stated that it would be very appropriate for this type of issue. Council Member Zarsky stated that he felt this would be the proper thing to do. Mayor Pro Tem Turner asked to see a copy of the by-laws and charter of the Corpus Christi Industrial Development Corporation. Council Member Kennedy stated that basically there are three questions that need to be answered: 1) Is there a need to determine the site by public input; 2) Is there a need to do this before August; and 3) is there a way to determine this without an election. He stated that he felt that it is necessary to obtain public opinion on the location of the City Hall and he feels it should be done prior to the August election because there are other issues that will be affected by this, particularly the Central Library and the fact that construction costs are increasing almost daily. He questioned if there is some way to do this without an election. Mayor Jones reminded the Council that a local T.V. station had conducted a poll on the issue and he felt that the only other way the City could determine the desires of most of the citizens would be by some type of poll, but he indicated that he did not know how this could be done without a referendum. Mr. Aycock stated that there are steps that would be necessary which could be taken prior to April 13. Mr. Briones explained the status of the financial situation of the Corpus Christi Industrial Development Corporation by stating that there is a balance in the fund of that entity of $32,900; out of that the Council committed $20,000 for the Booz/Allen Study; and a transfer was made out of that fund in the amount of $12,900 to be placed in the General Fund to cover the shortage there. He pointed out however that $25,000 will be received soon from the sale of bonds for Days Inns of America. He explained that the City could conceivably finance the election from that $32,900 in the fund of the Corporation and use the expected funds for the other expenditures. Council Member Gulley stated that the most important issue is that the City have a new City Hall rather than there being so much concern about its location. He stated that he did not see how anyone can make a good judgement until the fact sheet is ready to make the people aware of the costs for each location, etc. He noted that people all over the City are discussing this matter and very few of them have all of the facts. He urged that the staff get the fact sheet prepared as soon as possible. Mr. Briones assured the Council that the fact sheet would be ready for the mailout next Friday. .nutes Special Council Meeting April 4, 1983 Page 3 Mayor Jones pointed out that the Council decided a refer- endum is desirable and the only reason the meeting is being conducted today is because of the question of the legality of the referendum because of the date that it is to be held. He stated that he would be in favor of continuing the plans for the referendum for May 7 with funding to be provided from the Industrial Development Corporation. Council Member Gulley inquired if there is a chance that when the Council has all of the information from the fact sheet, if that information would weight the decision one way or another and lessen the need for an election. Assistant City Manager Bill Hennings stated that is a possibility, according to the City Manager. He stated that the staff will not know until all of the facts have been compiled and he had no other further information at this time. Mayor Jones pointed out that if the City does not have to purchase the land on the hill, there will be very little difference in the cost of the construction. Mayor Jones noted out that the Council could call off this election at any time. Council Member Kennedy expressed the opinion that this election has nothing to do with economics but is an emotional issue. He pointed out that you cannot even see the bay from the other side of Shoreline and the people who want to move City Hall up on the hill do not care how much expense is involved. Mayor Jones called for comments from the audience. Mr. Tony Bonilla stated that he did not feel that it was strictly an emotional issue and it occurred to him that it would be well if it were unnecessary to hold an election. He stated that he agreed with Mr. Gulley that the key issue is building a new City Hall and he was of the opinion that an overwhelming majority of the people prefer that it not be on the bayfront. He suggested the possibility of a public hearing after all of the facts are available because he felt that as soon as all of the figures had been compiled, it would be just as economically feasible to locate City Hall on the Hill. Mr. Larry Tucker, 4334 Ocean Drive, stated that he too would be pleased if there were not an election because he felt that the Council should make the decision as to where the City Hall should be located. He expressed the opinion that if the Council had all of the facts they should be able to make the decision themselves, even though he personally prefers the Shoreline location. He suggested that the Council examine the entire picture, make the decision, and stated that he will support the Council in their decision. He stated that he personally felt that Council Member Gulley's motion to construct the new City Hall here and demolish the existing City Hall, the Utility Building, and City Hall annex and study the possibility of demolishing Exposition Hall was an excellent one because he felt that the location on Shoreline would be more economically feasible. He suggested that since the .mutes Special Council Meeting April 4, 1983 Page 4 expenses of an election cannot be paid for by the City, that the people who brought this issue up - League of Women Voters, Mr. Ed Harte, Mr. Tony Bonilla, and OPUS - form a committee to raise money to pay for the referendum. Mr. Lewis Lovelace, 1549 Casa Grande, indicated that he agreed that a referendum should be conducted but suggested that it should be delayed until August. Mr. Galen Westwick, representing OPUS, stated that he objected to the location on Shoreline for economic reasons also. He noted that this is the most expensive land in the City and that eventually high-rise hotels and condominiums would be located across the median on Shoreline. He pointed out that a parking garage would be needed at either location. He expressed the opinion that a referendum is not necessary because there was a good cross-section of people speaking in opposition to the Shoreline location at the Council Meeting a few weeks ago. Mr. Frank Hankins stated that he is concerned about the progress of the new Central Library if the City Hall and the library are to be in the same area. He suggested that a determination should be made as soon as possible, but that he would prefer the City Hall located on the hill. Mr. Jack Gordy, 5802 Everhart, suggested that the referendum be conducted on August 13, 1983 in connection with the General Election because he felt that $35,000 is a great deal of money to spend. *Council Member Herbert Hawkins arrived at the meeting at 5:46 p.m. Mr. Bill Darby, 626 John Lee, mentioned the reference Mayor Jones had made in regard to the T.V. poll and stated that he has no confidence in such polls because of the automatic telephones which would allow the same person to vote many times. He stated that he felt that City Hall and the new library should be near the Courthouse and they could share parking. He agreed that there should be a parking garage. Mr. Clifford Cosgrove, 3302 Olsen, stated that he has discussed the location and financing of the new City Hall with many people and most of them are confused about IRB's because they are accustomed to financing projects such as this through bond elections. He also stated that most people did not feel that $10 million was an adequate sum to build a large enough building for City offices and suggested that a $20,000 bond issue be considered so that an adequate building could be constructed. Mrs. Pat Duaine, 4909 Branscomb, stated that she was upset that people are promoting the idea that this is an emotional issue when it is not. She pointed out that there is already a lot of additional building planned for the bayfront and there is no reason to have City Hall located there also. She stated that in her opinion a referendum is necessary and pointed out that the minutes Special Council Meeting April 4, 1983 Page 5 location of City Hall on the hill will allow the elderly and handicapped to have bus service to City Hall. Mr. Tom Hunt, Sr., 75 Townhouse Lane, noted that the primary issue was solved some time ago when the Council found out that the public supports the construction of a new City Hall. He stated that there is a division among the people right now and that he objected to the use of IRE funds for the election. He suggested that the Council wait until August 13 when the General Election will be held. He stated that the Taxpayers Association will support a bond issue for a new City Hall if enough funds are approved on the bond issue. He suggested that City Attorney Aycock request the Attorney General's opinion as to whether the use of IRB funds would be legal. He urged that the referendum be delayed until August 13 and stated that he was in favor of a City Hall location on the hill. Mr. Butch Escobedo, 4609 Haverhill, pointed out that he is concerned about a referendum because a representative number of people have already spoken in favor of the City Hall on the hill. Mr. Miguel Pro, President of the Downtown Business Association, urged that the referendum be conducted. He stated that he has been talking to people who come into his office and he feels that most of the people who enter his place of business are in favor of a City Hall on Shoreline. Mr. Clay Moore, 325 S. Morningside, stated that a referendum would be in order because major controversial issues should be settled by referendum and it should be conducted as soon as possible. He suggested that the library site choice be left to the voters also. He informed the Council that he had discussed this with a lady recently who had suggested that the old City Hall building be considered as a structure to be remodeled for a new library. Mayor Jones expressed the opinion that the ballot for the City Hall issue should not be cluttered with any more issues. Mrs. Sara Graham, 5302 Everhart, reminded the Council that for the past 10 or 12 months they have discussed a new City Hall and everyone seemed to be in favor of a location on Shoreline, and then a group of people appeared before the Council stating that they represented a majority of the citizens who wished to have the City Hall located on the hill. She stated that she feels that the Shoreline Boulevard location is a good site because it presents a good impression of the City to visitors and a beautiful City Hall building would be a focal point. She urged that the Council not make a decision until they receive the study that is being prepared. She assured the Council that she would support their decision after that study is available, but if the study does not change the Council's decision, then she urged that the referendum be conducted. Mr. J. E. O'Brien stated that he thought that it was noteworthy that those who are opposing City Hall on the hill are primarily associated with the Downtown Business community and he alleged that they are prejudiced. He urged tha; the referendum mutes Special Council Meeting April 4, 1983 Page 6 be delayed until August or that an opinion poll be conducted by mail. Council Member Kennedy pointed out that construction costs increase 1% per month and delaying this until August would be very expensive. Mayor Pro Tem Turner pointed out that there were two questions to be decided: 1) Whether or not a referendum should be held since the Council will have additional information from the staff on Friday and 2) the time the referendum will be held. She stated that she felt that if it is necessary to have one, and it should not be delayed until August because of the increase in construction cost and the further delay of the library. Mayor Jones stated that the Council did not have to make a decision today because the motion they previously passed is still in effect. Council Member Zarsky inquired about the possibility of mailing ballots to everyone in the City. City Secretary Read explained the procedure of mailing out a ballot to all registered voters and that the cost would be over $27,000 which is just for postage. Council Member Gulley stated that he preferred to wait until the Council has the information on Friday before making a decision. Council Member Dumphy inquired if the Kinney Street Associates representatives had any comments. Mr. Ralph Durden stated that he has been involved in this process for some time and was present when the presentations and public hearings were conducted. He noted that the issue that they are not dealing with is the choice of two sites whereas formerly they only had one site to contend with. He pointed out that the amount of money to be spent to hold the election would be much greater than the amount that the City or the Industrial Development Corporation would spend because of the campaigning by the supporters of each of the sites. He stated that these campaigns will provide good information and bad information. He suggested that if he and his associates are able to provide facts by Friday, he would suggest that public hearings be held so that everyone can attend. He expressed the opinion that a lot of input would be forthcoming under that kind of a plan. He expressed concern that the referendum could become a very divisive issue in that it would divide the community and a lot of misinformation would be given to the public. He expressed the opinion that with proper information and a large well advertised public hearing, the Council would receive enough information to make a decision themselves. Council Member Dumphy stated that he too would prefer to have the information before any decision is made and asked if it would be possible to wait until April 13. _nutes Special Council Meeting April 4, 1983 Page 7 Mr. Durden stated that he felt that the questions will be answered shortly and he thought that the building could still be constructed for $10 million. Mr. Jim Boggs, 1800 S. Staples, noted that there are several things waiting on this issue such as the library, and expressed concern that the costs are increasing daily for both buildings. He expressed the opinion that the referendum should not be held because the Council is the body to make the decision. He too expressed concern that the referendum would divide the entire community. A motion was made by Mayor Pro Tem Turner that this issue be considered by the Council on April 13 and that the staff bring forth information including financial feasibility; seconded by Council Member Kennedy. Council Member Zarsky stated that he would also like to have the information on the possibility of a mailout ballot. No vote was taken on this motion because the staff indicated that they would comply with those directions. Council Member Kennedy suggested that this be a discussion item on Wednesday, April 13 to be followed by action on Wednesday afternoon. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Gulley, and passed unanimously, the Special Council Meeting was adjourned at 5:50 p.m., April 4, 1983.