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REGULAR MEETING OF THE CITY OF ARANSAS PASS CITY COUNCIL
CITY HALL - COUNCIL CHAMBERS, 600 W. CLEVELAND, ARANSAS PASS, TEXAS
AUGUST 19, 2019  -  6:00 PM



1.

CALL TO ORDER.

2.

INVOCATION AND PLEDGE OF ALLEGIANCE.

3.

PRESENTATIONS AND PROCLAMATIONS.

4.

BOARD AND COMMISSION APPOINTMENTS.

5.

CONSENT AGENDA.

All of the following items on the Consent Agenda are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council member so requests. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
5.I.

Approval of the following meeting minutes: Regular Meeting of July 1, 2019 and Special Meeting of July 6, 2019.

6.

PUBLIC HEARINGS.

6.I.

Public hearing to allow Carports as an accessory use to residential zoning districts in the City of Aransas Pass.

6.II.

Consider and Act on Ordinance 2019-4255 amending the Aransas Pass Zoning Ordinance, Part II, Section 10-300 - Definition and Explanations applicable to use schedule, to amend (11) accessory building (residential) and adding (23) carport (residential); amending Part III, Section 11, Development requirements, Section -900 Accessory Building Standards in Districts AG, R-16, R-10, R-7A, R-7B, D, A-1, A-2, A-3, CA, MH, and PD; repealing all ordinances or parts of ordinances in conflict herewith; providing a severability clause; providing for penalties; providing an effective date.

6.III.

Public hearing to allow storage buildings as an accessory use to residential zoning districts in the City of Aransas Pass.

6.IV.

Consider and Act on Ordinance No. 2019-4256 amending the Aransas Pass Zoning Ordinance, Part II, Section 10-300 - Definition and Explanations applicable to use schedule, to amend (11) Accessory Building (residential) and adding (24) Storage Building (residential); amending Part III, Section 11, Development Requirements, Section -900 Accessory Building Standards in districts AG, R-16, R-10, R-7A, R-7B, D, A-1, A-2, A-3, CA, MH, and PD; repealing all ordinances or parts of ordinances in conflict herewith; providing a severability clause; providing for penalties; providing an effective date.

6.V.

Public hearing for an amendment for swimming pools to include setbacks for safety and engineering purposes in residential zoning districts in the City of Aransas Pass.

6.VI.

Consider and Act on Ordinance No. 2019-4257 amending the Aransas Pass Zoning Ordinance, Part II, Section 10-200 - Schedule of Uses, 10-202 Accessory and incidental uses, (19) Swimming Pool - Private; Part III, Development Requirements, Section -900 Accessory Building Standards in Districts AG, R-16, R-10, R-7A, R-7B, D, A-1, A-2, A-3, CA, PD, and MH; repealing all ordinances or parts of ordinances in conflict herewith; providing a severability clause; providing for penalties; providing an effective date.

6.VII.

Public hearing on an ordinance amendment to remove warehouse storage and coverage storage as a use in entry-ways of the City of Aransas Pass.

6.VIII.

Consider and Act on Ordinance No. 2019-4258 amending the Zoning Ordinance, Part II, Section 10-200 Schedule of Uses; 10-214 Storage, Processing, and Commercial Uses, 217 Warehouse and Covered Storage; repealing all ordinances or parts of ordinances in conflict herewith; providing a severability clause; providing for penalties; providing an effective date.

7.

CITY MANAGER.

7.I.

Consider and Act on an agreement with LNV, Inc. for Implementation of the Corrective Action Plan for the JBS Shrimp Company site, 420 Bigelow in the amount of $36,000.

7.II.

Consider and Act on approving an agreement with LNV, Inc. for additional groundwater sampling at the Former Coastline Resources Facility, 441 Allen Boulevard in the amount of $17,900.

7.III.

Consider and Act on Resolution 2019-912 authorizing Tax Resale Property, Suit No. S-09-1321-TX, Account No. 35298, Tract No. 2, Lot 10, Block 212, Original Townsite, , City of Aransas Pass, San Patricio County.

7.IV.

Consider and Act on Resolution No. 2019-913 authorizing Tax Resale Property, Suit No. S-10-1173-TX, Account No. 35576, Lot 2, Block 262, an addition to the City of Aransas Pass, San Patricio County, Texas.

7.V.

Consider and Act on Resolution No. 2019-914 authorizing Tax Resale Property, Suit No. S-12-1044-TX, Account No. 35609, Lot 2, 3, and 4, Block 270, Original Townsite, City of Aransas Pass, San Patricio County, Texas.

7.VI.

Consider and Act on Resolution No. 2019-915 authorizing Tax Resale Property, Suit No. S-11-1014-TX, Account No. 35745 and R11231, Lots 31 and 32, Block 293, Original Townsite, City of Aransas Pass, San Patricio County.

7.VII.

Consider and Act on Resolution No. 2019-916 authorizing Tax Resale Property, Suit No. S-09-1326-TX, Account No. 36006, Lots 4 and 5, Block 373, Original Townsite, City of Aransas Pass, San Patricio County, Texas.

7.VIII.

Consider and Act on Resolution No. 2019-917 authorizing Tax Resale Property, Suit No. S-10-1274-TX, Account No. 36579, Lot 5, Block 734, Burton and Danforth Subdivision, City of Aransas Pass, San Patricio County, Texas.

7.IX.

Consider and Act on Resolution No. 2019-918 authorizing Tax Resale Property, Suit No. S-07-1051-TX, Lot 16, Block 748, Original Townsite, City of Aransas Pass, San Patricio County, Texas.

7.X.

Consider and Act on Resolution No. 2019-919 authorizing Tax Resale Property, Suit No. S-07-1049-TX, Tract Nos. 1 and 2, Lots 5, 6, 7, and 8, Block 439, Original Townsite, City of Aransas Pass, San Patricio County, Texas.

7.XI.

Consider and Act on Resolution No. 2019-920 of the City of Aransas Pass, Texas finding that AEP Texas INC'S requested increase to its electric transmission and distribution rates and charges within the city should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; requiring reimbursement of cities' rate case expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel.

7.XII.

Consider and Act on setting a public hearing on the Proposed FY 2019-2020 Operating Budget for September 9, 2019 during the city council meeting at 6:00 PM at City Hall, 600 W. Cleveland, Aransas Pass, Texas.

7.XIII.

Monthly Municipal Court Report - July 2019

8.

COMMUNITY ENRICHMENT.

Community Enrichment includes the following: Civic Center, Aquatic Facility, Library, and Senior Center.
9.

DEVELOPMENT SERVICES.

Development Services includes the following: Building Services, Parks, Planning, Public Works, and Maintenance.
9.I.

Consider and Act on waiving tapping fees for existing residents on Rhodes and Beasley Avenue.

9.II.

Public Works Monthly Report - July 2019

9.III.

Monthly Building Department Report - July 2019

10.

FINANCE.

Finance includes the following: Utility Billing, Finance, Human Resources, and Meter Reading.
10.I.

Monthly Financial Report - July 2019

10.II.

Consider and Act on Resolution No. 2019-921 authorizing representation in IRS matter and delegating authority to Execute Form 2848 IRS Power of Attorney.

11.

INFORMATION TECHNOLOGY.

12.

PUBLIC SAFETY.

Public Safety inlcudes the following: Police, Fire, EMS, Harbor, and Emergency Management
12.I.

Consider and Act on renewal of the Memorandum of Understanding (MOU) between the Aransas Pass Police Department and the Drug Enforcement Administration.

12.II.

Monthly Public Safety Report - July 2019.

12.III.

Monthly Fire Department Report - July 2019

13.

CITY COUNCIL OR STAFF ANNOUNCEMENT.

13.I.

Annual Trunk or Treat - October 31, 2019.

13.II.

Workshop Meeting - August 26, 2019

14.

CITIZEN COMMENTS.

Citizen comments are intended for matters that are not scheduled on the agenda.  Please limit your comments to three minutes and state your name and address for the record.  Be advised that the Texas Open Meetings Act prohibits the City Council from responding and discussing your comments.  The law authorizes the following:
  • Make a statement of factual information,
  • Recite existing policy,
  • Advise that this subject may be placed on the agenda for a subsequent meeting.
15.

EXECUTIVE SESSION.

15.I.

Section 551.071 of the Texas Open Meeting Act to meet with its Attorney to seek legal advice on a matter in which the duty of the Attorney to the City Council under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act relating to:

  1. Conn Brown Harbor Lease - Coast Point Company
  2. Conn Brown Harbor Lease - The Bait Shack
  3. Conn Brown Harbor Lease - Underwater Services
  4. Medical Emergency Facility
  5. Update on Vidal Conde
15.II.

Reconvene in Open Session to Consider and Take Action, if any, on any item discussed in Executive Session.

16.

PUBLIC NOTICE is hereby given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the following provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code:

  1. Section 551.071, Contemplated or pending litigation or matters where legal advice is requested of the City Attorney.
  2. Section 551.072, The purchase, exchange, lease or value or real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person.
  3. Section 551.073, A contract for a prospective gift or donation to the city, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person.
  4. Section 551.074, Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint against an officer or employee.
  5. Section 551.076, The deployment or specific occasion for the implementation of security personnel or devices.
  6. Section 551.087, Deliberations regarding economic development negotiations.
17.

POSTING STATEMENT.

I certify that the above notice of meeting was posted at the Aransas Pass City Hall located at 600 W. Cleveland, Aransas Pass, Texas on _______________________, 2019 at ______ am/pm.

                                                                        Mary Juarez
                                                                        City Secretary