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>
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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
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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.
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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
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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
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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
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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.
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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.