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HomeMy WebLinkAboutMinutes City Council - 01/20/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 20, 1987 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik ABSENT: Council Member Leo Guerrero Council Member Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend David Edgar of St. John United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. City Secretary Armando Chapa called the roll of required Charter Officers and verified that the necessary quorum was present to conduct the meeting. A motion was made by Council Member Frank Mendez that the Minutes of the Regular Council Meeting of January 13, 1987 be approved; seconded by Council Member Bill Pruet; and passed unanimously. MICROFILMED _.mutes Regular Council Meeting January 20, 1987 Page 2 Mayor Jones then presented retirement plaques to the following recognition of service to the City: NAME Anatacio P. Cantu Lorenzo Perez James L. Davis Reynaldo Vallejo Loyola Seward Walter Doughty Earmeane Brown Jesus G. Perez retirees in DEPARTMENT YEARS OF SERVICE Sanitation Gas Street Sanitation Police Health Department Neighborhood Improvement Park Maintenance 38 38 31 34 34 21 16 12 Mayor Jones then administered the Oath of Office to Mr. William K. Snyder, new appointee to the Food Service Advisory Council. * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Session on the following resolution: RESOLUTION NO. 19612: COMMENDING THE CORPUS CHRISTI/NUECES COUNTY KEEP AMERICA BEAUTIFUL, INC. FOR THEIR COMPREHENSIVE AND SYSTEMATIC APPROACH TO THE DISPOSAL OF LITTER AND TRASH AND FOR THEIR OUTSTANDING EFFORTS TO PROMOTE AND ENCOURAGE COOPERATION AMONG BUSINESSES, GOVERNMENT, CIVIC GROUPS, NEWS MEDIA AND THE GENERAL PUBLIC TO CREATE A CLEAN CITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, "absent". 1. * * * * * * * * * * Mayor Jones called for consideration of Consent Motions, Items 1 through 7. M87-0015: Approval of specifications and authorization to receive bids for a supply agreement for clay sewer pipe and fittings to be used by the Wastewater Division. Estimated annual expenditure is $69,500. Funds were approved in the 1986-87 budget. -.mutes Regular Council Meeting January 20, 1987 Page 3 2. M87-0016: Approval of specifications and authorization to receive bids for two trench boxes for the Wastewater Division. The estimated expenditure of $14,000 was approved in the 1986-87 capital outlay budget. 3. M87-0017: Approval of specifications and authorization to receive bids for one mobile storm sewer cleaner for the Street Division. The estimated expenditure of $160,000 was approved in the 1986-87 capital outlay budget. 4. M87-0018: Approval of specifications and authorization to receive bids for one diesel powered portable air compressor for the Wastewater Division. The estimated expenditure of $14,500 was approved in the 1986-87 capital outlay budget. 5. M87-0019: Approving the purchase of two cardiopulmonary resuscitators with support equipment from Dixie U.S.A. for a price of $10,232.40 on the basis of sole source. These items will be used by EMS. Funds were approved in the 1986-87 budget. 6. M87-0020: Accepting the sixth and seventh water wells drilled by Crowell Drilling Company; authorizing final payment of $43,332.32 to the contractor; and granting the contractor a four-day time extension for completion of the sixth water well. 7. M87-0021: Approving Change Order No. 1 in the amount of $11,151.05 to the Furman School Area Street Improvements, Phase IV project. The change order provides for additional excavation due to plan revisions, additional water service connection sizes, and the installation of a different angle meter valve than originally specified. Mayor Jones called for comments from the audience on the Consent Motions, and there was no response. A motion was made by Council Member Mendez that Items 1 through 7 be approved, seconded by Mayor Pro Tem Best and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, "absent". ..inutes Regular Council Meeting January 20, 1987 Page 4 * * * * * * * * * * Mayor Jones called for consideration of the following item: 8. Remove from table Case No. 886-2T, Mark Bratton Trustee, and approve an ordinance to pre -zone Tract 7 containing 7.9 acres "F -R" Farm -Rural District, and refer Tracts 1 thru 6 and 8, containing 279 acres, back to the Planning Commission for reconsideration. (Public Hearing - 10/21/86) A motion was made by Mayor Pro Tem Best that this zoning case be removed from the table, seconded by Council Member Mendez and passed unanimously. Mr. Larry Wenger, Director considered by the City Council was for prezoning of property Street with different zoning reminded the Council that the City Council asked the Staff to of Planning, reviewed this zoning case which was on October 21, 1986. He explained the request south of the Oso and on both sides of Staples requested on the eight tracts involved. He zoning case was tabled on October 21st and the review it as it relates to the entire Oso area. Mr. Wenger continued by stating that the Planning Commission had studied the area again, and following discussion, the Commission instructed Staff to expand the review of the Bratton property in conjunction with the established London Study Area. He stated at the Planning Commission meeting of January 7, 1987, Staff presented a draft study of the London Area, and based on the information presented, the Planning Commission now recommends that the Council deny the Mark Bratton prezoning request which they felt would be premature at this time and would be inconsistent with the City's Planning process. Mr. Wenger explained that Staff is now working with the Commission to complete the policy statements as expeditiously as possible; Staff has requested input from over 100 civic organizations and is developing another draft of the policy statements which they hope to present to the Commission for review in February or March, following which the Planning Commission plans to conduct public hearings on the policy statements and this could be presented to the City Council in April or May. Mr. Wenger policy document reiterated that request because noted that this is a very sensitive area near the Oso and the will deal with the Oso and how it should be developed. He the Planning Staff initially recommended denial of this zoning it is premature. A motion was made by Council Member Slavik that the zoning case be denied in accordance with the Planning Staff and Planning Commission recommendation. The motion was seconded by Council Member Berlanga. Council Member McComb offered a friendly amendment to Council Member Slavik's motion that the zoning application be tabled for an additional six months. . .inutes Regular Council Meeting January 20, 1987 Page 5 Council Member Slavik then withdrew her motion and seconded Council Member McComb's motion to table the case. Mr. Larry Urban, representative of the applicant, reviewed the events that had occurred since this case was first heard by the Planning Commission. He objected to any further delays and stated that he has offered to work with the Staff and cooperate to help complete the overall plan. Mr. Wenger explained that Staff does want to do this but they also want to include all of the property owners in the area, not just this one property owner. Mayor Jones explained that the Council is concerned about the Master Plan for the entire area, and Mr. Urban pointed out that the developer wants to begin the project within the next year, but because of the uncertainty of the zoning, they cannot make any plans. Mr. Wenger then pointed out that when a prezoning request is presented to the City, a plat must be presented to the City prior to that. He pointed out that the City has never received a plat from this applicant to indicate their proposed use. He reiterated that this Master Plan and policy statement should be completed by August of 1987. Council Member Slavik suggested that the applicant be provided a copy of the letter from Mr. Arnoldo Moreno, Chairman of the Planning Commission. Mayor Jones stated that he is concerned about the rapid development of the Oso without careful thought; he did not think that this type of development is appropriate, but stated that the matter should be resolved within the six-month period. No one else spoke in regard to this zoning application; Mayor Jones reviewed Mr. McComb's motion to table the case for 180 days; and the motion passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, "absent". Mayor Jones called for consideration of Ordinance No. 9 from the Regular Agenda, stating it pertains to the Blanche Moore Tract. Assistant City Manager Lontos addressed the Council and stated that the Staff is recommending that an agreement with MEP Joint Venture be approved providing for the following: a. MEP Joint Venture dedicating approximately 7,736 S.F. of land for the purpose of extending Corona Drive to Williams and paying its share of construction. __mutes Regular Council Meeting January 20, 1987 Page 6 b. City to acquire additional right-of-way and construct Corona to Williams as part of the Gardendale Area Street Improvements project. c. MEP to dedicate 10 feet of right-of-way on Everhart Road with City to widen Everhart between Corona and S.P.I.D. d. The City to amend the Transportation Plan by deleting the extension of Corona through the tract and deleting Betty Jean as a public street. e. Joint participation toward a major drainage outfall, estimated to cost $1,200,000, referred to in the agreement as the Burton Lane -Mary Carroll (drainage project) and City to participate in the maximum amount of $563,128. f. The City to amend the Master Storm Sewer Drainage Plan by taking the Blanche Moore Tract drainage to the Mary Carroll drainage system rather than the Williams Drive system. g• MEP to pay all water and wastewater fees and pro rata and make all extensions required by Platting Ordinance. Mr. Lontos also suggested that Staff be authorized to execute the final plat of the tract prior to all of the improvements being 75% complete but upon approval of the plans and specifications for water, wastewater and drainage improvements. He explained that this would allow the developers to obtain building permits, and in this particular case, it is essential that the developers be allowed to obtain the permits since the development is such a long process. He provided further explanation in regard to the City's participation in the drainage outfall, stating that it would be in the public interest because there is a need to widen the Mary Carroll ditch and this will resolve the drainage problem at Corona and Everhart and further alleviate the drainage on Everhart between Corona and South Padre Island Drive. Mr. Lontos stated that the funding in the amount of $563,128 is all of the money that is available and unallocated in the drainage fund; the expenditure of this amount does not deprive or reduce any of the approved projects in the Bond Program; but there will be no funds for additional projects. Mr. Lontos recommended that the City Council make a change in their priorities and move the widening of the Mary Carroll Ditch from the second and third years to the first year, and the Texas, Indiana and Ohio Street Drainage Improvement Project be moved to the second year. Mayor Pro Tem Best questioned Mr. Lontos that if the funds are used for this project and subsequently there are no additional funds left in the Drainage Bond Fund for special programs, if it would be possible to use some of the $2,000,000 from the Corpus Christi Housing Finance Corporation for drainage projects if necessary, and City Attorney Hal George agreed that this could be done if the Council desired. .,inutes Regular Council Meeting January 20, 1987 Page 7 Mayor Pro Tem Best stated that he understood that the Board of Realtors was concerned about the fact that right-of-way will be taken from their property, and Mr. Lontos agreed that the City will have to purchase one of their three lots. He also stated that if Corona extends through their lots at this point, a small portion of Williams Drive will be closed and six additional houses will have to be acquired. Mayor Pro Tem Best suggested that a sharper turn of the Corona extension be designed so that a smaller piece of the property owned by the Board of Realtors would be taken. Also speaking on behalf of the developers was Mr. Paul Pearson who stated that they do not have any objection to the Staff recommendation. He pointed out that with the development of 33 acres on one side and 29 acres on the other, many benefits will accrue for the City from this development, including a $9,000,000 to $10,000,000 payroll; property taxes will be generated; and many jobs will be available during the construction phase. Mr. Roy Smith, Co-owner of the Padre Staples Mall, stated they are certainly not opposed to the development of this tract because they welcome additional stores. He reminded the Council that he had dedicated more right-of-way in connection with the development of his Mall than any other developer and reminded the Council that he is particularly concerned that Mustang Trail should be opened to serve the malls. He urged that plans be made to connect the new development with Mustang Trail and that the Staff work with him and with the new developers to do this. He stated that Foley's Department Store is also interested in this extension. Mayor Jones stated that he has always agreed with Mr. Smith that Mustang Trail should be extended. Mr. John Brooke, Attorney with the firm Kleberg, Redford, Dyer and Weil, stated that they are not opposed to this proposal but he is speaking on behalf of the 1,200 -member Corpus Christi Board of Realtors, who are concerned about the issue of the impact of the proposed contract on the Board of Realtors. He displayed a drawing of the area that will be taken for right-of-way from the Board of Realtors' tract for the extension of Corona and stated that the Board plans to expand their facility; therefore, they do not want to lose any of their parking area. Mr. Brooke continued by stating that another problem this plan presents is that not only does it cut across their property, but it will also eliminate access from Everhart; Williams Drive will be blocked; and they will not be able to get into their property from Corona, which leaves a very undesirable access problem. Mr. Brooke also stated that they feel that it is unfair for the City to acquire property for a developer by condemnation proceedings because the plan is not based on any public need but is only for the benefit of the developer, .,inutes Regular Council Meeting January 20, 1987 Page 8 and he feels that there is a constitutional issue here. Mr. Brooke concluded his statement by reiterating that although the Board is in favor of the development of the Blanche Moore Tract, they are opposed to the plan that will so drastically affect their property on Everhart. Mr. Lontos stated that there is no reason why there could not be access from Everhart Road because an exception can be made to the usual stipulation that access cannot be too close to a major intersection. He stated also that if Williams Drive is closed along the Board's property line, they could install a driveway there. Mr. Lontos then referred to the issue of the City's acquiring land for the developer to extend Corona and stated that he feels that this is a public project for the public good. He stated that he still would not recommend access to the Board of Realtor's property from Corona, but the Staff can certainly examine this. Mayor Jones suggested that this ordinance be passed today with the understanding that the City will work with the Board of Realtors to try to resolve any problems that might be presented for them. Council Member McComb assured Mr. Brooke that there has never been an assumption that there will not be access to the Board's property from Everhart. He then inquired if there was a veiled threat in Mr. Brooke's remark that the City might be taken to Court because of the question of constitutionality, and Mr. Brooke assured him that he does not make veiled threats but he did feel that there is a constitutional issue here, but whether or net they will do anything about it he did not know. Mayor Pro Tem Best again inquired if the Corona extension could not go straight across the Board of Realtor's property so that not so much of their lots would have to be taken, and Mr. Lontos stated that that could be done but it would require more dedication from the Blanche Moore Tract and the purchase of more vacant lots. Mayor Pro Tem Best agreed that the Board of Realtors has a legitimate complaint and felt that something should be worked out. Council Member Mendez agreed with Mayor Pro Tem Best that additional negotiations should be continued to see if a better plan could be derived. Also expressing a concern about the Transportation Plan was Mrs. Jan Patton, 1987 President of the Board of Realtors. She noted that she represents 1,200 members of that Board and stated that they are quite excited about the proposed development but noted that if they had had an opportunity to continue their discussions with the developers, she was of the opinion that everything could have been resolved for everyone's benefit. She explained to the Council that the Board of Realtors needs the ability to expand their property at its present location or acquire another site to provide better services for their Board and for the City. She expressed the opinion that they could meet with the developers to see if something could be worked out. .,mutes Regular Council Meeting January 20, 1987 Page 9 Mr. Pearson addressed the Council again and stated that the developers' preliminary plat has been filed for several months; the plat has been published; they tried to negotiate with the Board of Realtors, but felt that their terms were outrageous. He explained all of the expenditures they had already made and assured the Council that they did attempt to work with the Board of Realtors. City Manager McDowell stated that there may be an option to change the configuration of the proposed extension of Corona Street but this would require additional lots. Mr. McComb pointed out that the extension of Corona is not a developer issue but is designed to provide access from Weber all the way to Staples. He urged that the City move forward with this and expressed approval of the plan. Council Member Berlanga suggested that the ordinance be approved with the understanding that Corona will be straightened out as Mayor Pro Tem Best had suggested. Assistant City Manager Lontos stated that the Master Transportation Plan would still have to be amended after a public hearing. Mr. Foster Edwards stated that the Board of Realtors had never been accused of taking advantage of a charitable trust such as the one associated with the Blanche Moore Tract. He explained that they were aware of the plan to extend Corona to Staples and that is why they have never placed a building on that portion of their lot. He stated that they suggested that the developers of the Moore Tract exchange land in their tract for the land the Realtors now occupy but the developer offered a very small amount for their property and informed the Board of Realtors that the developer planning to build the development did not want the Board of Realtors in their development. He explained that the developer then informed the Board of Realtors that they would go to the City and work out a better deal. Mayor Pro Tem Best inquired of Mr. Edwards if the Board of Realtors would be satisfied if Corona could be straightened, and Mr. Edwards stated that he did not know. There were no further comments; City Secretary Chapa polled the Council for their vote and the following ordinance passed: 9. ORDINANCE NO. 19613: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MEP JOINT VENTURE FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR A MAJOR DRAINAGE OUTFALL IN THE DEVELOPMENT OF THE BLANCHE MOORE TRACT; APPROPRIATING $563,128; AND DECLARING AN EMERGENCY. ..inutes Regular Council Meeting January 20, 1987 Page 10 The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, "absent". * * * * * * * * * * Mayor Jones called for a recess at 4:27 p.m. * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting announced the public hearings on two zoning applications. 10. Application No. 1286-3, Mr. from "B -2A" Barrier Island District on Lot 7A and 8A, west side of Padre Island Drive. at 4:44 p.m. and James R. Snyder, Jr.: For a change of zoning Business District to "B-4" General Business Block 18, Padre Island No. 1, located on the Drive, approximately 750' north of Sea Pines Mr. Larry Wenger, Director of Planning, informed the Council that in response to the twenty notices of the public hearing that were mailed, one in favor and one in opposition, plus one in opposition from outside the area of notification had been returned. He stated that the Planning Commission recommends denial but in lieu thereof, that a special permit be granted for mini -storage warehouses and the Planning Staff recommends denial. Mr. Wenger continued by stating that prior to the development of the Padre Island Master Plan, the Padre Island Property Owners Association had expressed concern about eliminating both storage areas and at that time it was agreed that covered boat storage would be allowed in "B-2" zoning. Be expressed the opinion that the owners should comply with the approved zoning for Flour Bluff. Mr. Wenger located the area on the zoning and land use map, described the land use in the vicinity and showed slides of the area. Mr. Wenger pointed out that the "B-2" zoning was changed to "B -2A" zoning on March 12, 1985, and this property lies in the "B -2A" District which was created on Padre Island, and the Staff's opinion is that development should conform with the "B -2A" regulation to preserve this area's scenic and economic importance to the City. Speaking on behalf of the applicant was Mr. Jack Lavers, 14326 Dorsal, who explained that because of the financial situation in this area, the applicant was unable to obtain financing until after his special permit had expired. He stated that as a realtor, he concurs with the "B -2A" zoning; the zoning ordinance provides that they have to ask for "B-4" zoning even though they actually only need a special permit; they plan to comply with the planting requirements of the "B -2A" zoning; and he expressed the opinion that the boat storage will be similar to mini -storage buildings. .:1nut e s Regular Council Meeting January 20, 1987 Page 11 Mr. Lavers then presented a copy of a letter from Mr. Nick Nicoloric endorsing a special permit for this applicant. Council Member Slavik stated that she had previously requested that the Planning Commission Minutes be included in the information provided with the zoning case. There were no further comments from the audience on this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Best and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance granting the special permit and the following passed: 10. ORDINANCE NO. 19614: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JAMES R. SNYDER, JR. BY GRANTING A SPECIAL COUNCIL PERMIT FOR MINI STORAGE WAREHOUSE UNITS ON LOTS 7A AND 8A, BLOCK 18, PADRE ISLAND NO. 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, "absent". Mayor Pro Tem Best interjected at this point in a further reference to Item 9 on the Blanche Moore Tract and made a motion that if the map included in the ordinance granting an agreement with MEP Joint Venture pertaining to the extension of Corona Drive is changed, that this be presented to the City Council again for their approval. The motion was seconded by Council Member Slavik and passed unanimously. * * * * * * * * * 11. Application No. 1286-4, Smith Tract Associates: For a change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District on Lot 1, Block 6, and Lot 1, Block 7, Bent Tree Unit 2, located on the east and west side of Cimarron Boulevard, approximately 200' south of Bradley Drive. Mr. Wenger informed the Council that in response to the twenty-two notices of the public hearing, one in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommended approval. . ,inut e s Regular Council Meeting January 20, 1987 Page 12 No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change and the following passed: 11. ORDINANCE NO. 19615: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SMITH TRACT ASSOCIATES BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 6, AND LOT 2, BLOCK 7, BENT TREE UNIT 2, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, "absent". A motion was made by Council Member McComb that Council Members Leo Guerrero and Linda Strong be excused from the meeting, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * Mayor Jones called for Petitions or Information from the Audience on Matters not Scheduled on the Agenda. Mayor Jones noted that a number of people were present in the audience to speak on the uranium mining operation near Corpus Christi Lake being conducted by the Everest Exploration. He stated that Deputy City Manager Ernest Briones had recommended the following actions be taken by the City Council: 1. The State Board of Health be requested that the license issued to Mount Lucas not be consolidated with any other license held by the Everest Exploration, Inc.; 2. That a full review and public hearing on the renewal of any existing license or the issuance of any new licenses be held in Corpus Christi, particularly Amendment No. 9 to License No. 8-306A, which is presently under consideration by the Department of Health; and 3. That the City undertake a program to periodically test the soil and the water at Corpus Christi Lake for radioactive contamination. ,,inutes Regular Council Meeting January 20, 1987 Page 13 City Manager McDowell stated that Staff recommends that that action be taken at this time. Mayor Jones then invited those who wished to speak on this issue to address the Council. Mr. Jeff Sibley, President of the Texas Energy Alliance, explained that this organization is concerned about what is happening at Lake Corpus Christi and in South Texas, particularly in regard to uranium strip-mining that is occurring. He explained that they are particularly concerned because the company has expanded from 3,000 wells to 6,000 wells and he was of the opinion that the City should question this uranium mining increase so near Lake Corpus Christi because of the possible contamination of the City's water supply. He urged that action be taken now, not after the mining wells have been closed. He expressed the opinion that any increase in radiation could be deadly to the users of the water supply from Lake Corpus Christi. Mrs. Edna Figueroa, a resident of Kleberg County, stated that they have been working in Goliad to prevent nuclear mining near their water supply. She objected to the uranium mining that is occurring near Lake Corpus Christi and urged that the City Council attempt to prevent expansion of the Edwards Exploration facilities and that they petition the Texas Water Commission to not approve their application for expansion. Mr. Paul Werner, Water Division, stated that Kingsville purchases some water from Lake Corpus Christi. Mr. Wallace Mays, Vice President of Everest Exploration, Inc., 4730 Sea Island, assured the Council that their operations are carefully regulated by State agencies; they have not contaminated the Lake and it is not likely that they will; they have not violated any State or Federal laws; and he suggested that the City Staff study this matter before making recommendations to the City Council. Mr. Bonnis Wells, Falls City, Texas, informed the Council that two miles from the Lake that supplies their water, the Conoco Company disposed sulphuric acid. Mr. E. A. Durham, President of Everest Exploration, Inc., stated that he has heard the recommendation made by the City Staff and asked that they be allowed to meet with Staff to resolve some of the problems involved. Mayor Jones informed Mr. Durham that any action would have to be delayed until the following week anyway. Deputy City Manager Briones informed the Council that he has talked with Mr. Sibley and Staff recommendations satisfy his concern. He stated that they have also found out that the Everest operation is properly licensed and permitted for the operation at Mount Lucas. He suggested that the Council hear remarks from some of the representatives of the State agencies who are present. .,inutes Regular Council Meeting January 20, 1987 Page 14 Mr. Edgar Bailey, Texas Department of Health, addressed the Council and stated that they had just received a copy of Mr. Sibley's presentation; he has not had time to examine it thoroughly; but stated that some of the statements are out of context and are not true. He assured the Council that his agency wants to cooperate with the City of Corpus Christi to be sure that the quality of the City's water supply is protected. Council Member Berlanga stated that he is concerned about any mining operation that might affect the City's water supply, but he believed that the owners of the Everest Exploration Company are also concerned about our water supply and do not want to pollute. Council Member Mendez stated that he, too, would like to see the situation corrected if there is a problem. He urged that the Staff look more closely at the situation. Mr. May addressed the Council again and explained that they obtained a permit for this operation in 1980; he met with the City Staff, including the City Water Superintendent, the City -County Health Department, Assistant City Manager, and many other groups. He explained that they recirculate ground water and this was discussed with the Lower Nueces River Water Supply District and the City. He stated that they had called a public hearing and all of those organizations were contacted and subsequently a year and a half ago, they amended their permit and contacted officials of the City again. He stated that the Mayor and other City officials had discussed this with the company. Mayor Jones denied that he had ever participated in this subject, and the City Council was not contacted about Mr. Ben Figueroa, Kleberg County, stated that they opposing uranium mining for several years and he is recirculation of the water used. discussions regarding this before. had been involved in concerned about the Mr. Charles Thomasson, Attorney representing Everest Exploration, stated that the issue is radium mining as an industry and there is no pollution. He stated that it is an extremely complicated issue and suggested that it is much too complicated for the City Council to take action today. He asked that the Staff write a report on this before the recommendation is adopted and assured the Council that they are ready to meet with the City Staff at any time. A motion was made by Council Member McComb that Staff be directed to meet with the appropriate persons and provide a recommendation on this matter. The motion was seconded by Council Member Pruet. Mr. Briones stated that he has already met with Mr. Sibley and representatives of State organizations and the recommendation presented to the Council is a result of those meetings. „inutes Regular Council Meeting January 20, 1987 Page 15 Mr. Dale Kohler, Texas Water Commission, again assured the Council that they are more than willing to work with the City and explained that all of their records in Austin are open for inspection. He explained their publication procedures when an application is being considered. Mayor Jones inquired about the State's responsibility and was informed that this is the responsibility of both the Texas Department of Health and the Texas Water Commission. Mayor Jones called for the vote on Council Member McComb's motion which was a direction to the Staff, and it passed unanimously. Ms. Terry Williams, of Charter Hospital, showed a short film on "Drugbusters” and stated that the schools plan to use the film in their health programs. Mr. Clay Moore addressed the Council and stated that the Municipal Arts Commission is meeting to discuss the oversight of the buildings in Heritage Park. He stated that the ordinance they are requesting involves a zoning change and inquired if the amendment would require a change of zoning. Mayor Jones explained to Mr. Moore that this matter had been discussed earlier and the Council tentatively decided that Mr. Moore's auction arena could remain there, but if the property is sold, it would have to comply with the proposed ordinance. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 6:00 p.m., January 20, 1987. * * * * * * * * DZ/rr I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of January 20, 1986, which were approved by the City Council on January 27, 1987. WITNESSETH MY HAND AND SEAL, this the 231'1 day of N 44. r/tie? Armando Chapa, City Secretary City of Corpus Christi, Texas