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REGULAR MEETING OF THE CITY OF ARANSAS PASS CITY COUNCIL

CITY HALL, 600 W. CLEVELAND, ARANSAS PASS, TEXAS

January 3, 2023 - 5:30 PM



1.

CALL TO ORDER.

2.

INVOCATION AND PLEDGE OF ALLEGIANCE.

3.

PRESENTATIONS AND PROCLAMATIONS.

3.I.

Recognition of former Mayor Adan Chapa

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 Minutes for November 29, 2022 Special Meeting

6.

PUBLIC HEARINGS.

6.I.

Case No. PZ 2211-18

  1. Public Hearing on a Preliminary Plat application for a Major Subdivision, requested by Sima & Steve Inc., to develop 34 single-family dwelling lots, being the property with Legal Description: Portion of Farm Lot 2, Land Block A, Burton and Danforth Subdivision (9.72 Acres); and Wilke Estates Blk 1, Lot 1R (4.29 Acres).  Current zoning is R-10 Single-Family Dwelling District.
  2. Consider and Act on a Preliminary Plat application for a Major Subdivision, requested by Sima & Steve Inc., to develop 34 single-family dwelling lots, being the property with Legal Description: Portion of Farm Lot 2, Land Block A, Burton and Danforth Subdivision (9.72 Acres); and Wilke Estates Blk 1, Lot 1R (4.29 Acres).  Current zoning is R-10 Single-Family Dwelling District.
6.II.

Case No. PZ 2211-20

  1. Public Hearing on a request, by the City of Aransas Pass, for amendment to Zoning Ordinance No. 1308, Part III, Section 11 – AG-Agricultural District, Subsection -200 Lot Area Requirements (in reference to Single-Family Lots).
  2. Consider and Act on a request, by the City of Aransas Pass, for amendment to Zoning Ordinance No. 1308, Part III, Section 11 – AG-Agricultural District, Subsection -200 Lot Area Requirements (in reference to Single-Family Lots).
6.III.

Case No. ESA 2212-07

  1. Public Hearing on a request by Brian Wheeless for ESA approval to develop 1 single-family site located in an ESA District 2 at SOUTH BAY ESTATES – ARANSAS PASS LOT 2, located on State Hwy 361, Port Aransas Causeway (a.k.a Redfish Bay Causeway) in Aransas Pass, Texas. Nueces County property ID 200113458.
  2. Consider and Act on a request by Brian Wheeless for ESA approval to develop 1 single-family site located in an ESA District 2 at SOUTH BAY ESTATES – ARANSAS PASS LOT 2, located on State Hwy 361, Port Aransas Causeway (a.k.a Redfish Bay Causeway) in Aransas Pass, Texas. Nueces County property ID 200113458.
6.IV.

Case No. PZ 2211-19

  1. Public Hearing on a re-zoning request, by the City of Aransas Pass, from AG-Agricultural District to GB-General Business District, of the City-owned property located at the corner of E. Maddox Ave and Huff Street, (Aransas Pass Blk 659, Lots 17-32, 1.2 acres) in Aransas Pass, TX.
  2. Consider and Act on a re-zoning request, by the City of Aransas Pass, from AG-Agricultural District to GB-General Business District, of the City-owned property located at the corner of E. Maddox Ave and Huff Street, (Aransas Pass Blk 659, Lots 17-32, 1.2 acres) in Aransas Pass, TX.
7.

CITY MANAGER.

7.I.

Consider and Act on Ordinance granting rezoning request submitted by Furlow Harbor Equity, LLC

Consider and Act on a re-zoning request, by Furlow Harbor Equity, LLC, from AG Agricultural District to GB General Business District with a variant to mix residential use with commercial use to develop multifamily condominiums with retail space on the first floor, on the properties located at the northeast and southeast corners of Pacific Street and E. Maddox Ave, (Aransas County Property IDs: 12940, 12941, 47904 and 12917, being Aransas Pass Blk 659 Lots 13-16 and Blk 658, Lot 1) in Aransas Pass, TX. (Tabled on 10/17/22).

7.II.

Consider and Act on Re-Scheduling the City Council meeting on January 16, 2023, to Tuesday, January 17, 2023, due to Martin Luther King Jr. Day.

7.III.

Consider And Act On Resolution Approving Tax Sale Property Suit No. S-13-1040TX, Account No. 35876, Lots 19 And 20, Town Of Aransas Pass, Aka Lots 19 And 20, Block 321, City of Aransas Pass, San Patricio County, Texas. A Bid Offer Was Submitted By Cooper Gotllich, LLC In The Amount Of $1500.00.

7.IV.

Consider And Act On Resolution Approving Tax Sale Property Suit No. S-11-1088TX, Account No. 71325, Lot 14, Town Of Aransas Pass, Aka Lot 14, Block 748, City of Aransas Pass, San Patricio County, Texas. A Bid Offer Was Submitted By Cooper Gotllich, LLC In The Amount Of $6,300.00.

7.V.

Consider and Act on approving a resolution establishing street lighting and street lighting distance requirements

7.VI.

Case No. ESA 2212-08

  1. Consider and Act on a request from ESA Review Board to amend Section 6.6.d of the ESA Ordinance 2020-4319.
7.VII.

Consider and Act on approving the ordinance providing for an automatic increase in Water rates pursuant to Section 29-27(c) and Section 29-28 (a), (b), and (c) of the City Code of Ordinances as a result of an increase in rates by the City’s Water Vendor(s); and, providing for an effective date.

7.VIII.

Consider and Act on Amending the Lease Agreement Between The City of Aransas Pass and Captain Cady's

7.IX.

Quarterly City Manager Report

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, Public Works, and Maintenance.

9.I.

Consider and act on approving the surveying proposal for the little league concession stand from Ardurra Group, LLC for $2,950.00

9.II.

Consider And Act On The Recommendation by KFA to award the American Rescue Plan (ARP) Water and Sewer Package 2 contract to J.J. Fox Construction, Inc. in the amount of $665,720.00.

9.III.

Consider and Act on approving the change order for Lester Contracting, LLC for an additional 30 calendar days for the Highland and Johnson Drainage Improvements Project, at no cost.

10.

FINANCE.

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

Consider and Act on removing Mary Juarez, City Secretary, as a signatory from all City bank accounts

11.

INFORMATION TECHNOLOGY.

12.

PUBLIC SAFETY.

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

Consider and act on approving the Police Chief to award the Public Safety Dock Bids to Coastal Piers and Docks LLC. in the amount of $114,834.49.

13.

CITY COUNCIL OR STAFF ANNOUNCEMENT.

13.I.

WorkShop Meeting January 23, 2023

1. Standards and Procedures-  David Flores, Public Works Director

2. Building Fees- Joseph Garza, Building Official 

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 - Redfish Bay Boat House, LLC. 

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.

ADJOURNMENT.

18.

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 _______________________, 2022 at ______ am/pm.

                                                   Angela Jenkins, Human Resources Manager

Persons with disabilities planning to attend this meeting who may need auxiliary aids or services are asked to contact the City Manager 72 hours before the meeting at (361) 758-5301.