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REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS
600 W. CLEVELAND, ARANSAS PASS, TEXAS
APRIL 15, 2019  -  6:00 PM



1.

CALL TO ORDER.

2.

INVOCATION AND PLEDGE OF ALLEGIANCE.

3.

PRESENTATIONS AND PROCLAMATIONS.

3.I.

Amy Thurlkill, Hibiscus Club of Aransas Pass regarding Blue Star Monument at Harbor Point Park.

3.II.

Proclamation designating the week of April 14 - 20, 2019 as "Public Safety Telecommunicators Week"

Documents:
  1. Proclamation.pdf
4.

BOARD AND COMMISSION APPOINTMENTS.

4.I.

Coastal Bend Foundation

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 Workshop Meeting Minutes for March 26, 2019.

6.

PUBLIC HEARINGS.

6.I.

Public hearing on the renewal of the Conditional Use Permit to allow Samantha and Kevin Simon to operate a bar at 157 S. Commercial, located at the northeast corner of E. Yoakum and S. Commercial Street (Legal Description: Aransas Pass Townsites, Block 548, Lots 13, 14, 15 and 16).

6.II.

Consider and Act on Ordinance 2019-4234 renewing Conditional Use Permit to allow Samantha and Kevin Simon to operate a bar at 157 S. Commercial Street, located at the northeast corner of E. Yoakum Street and S. Commercial Street (Legal Description: Aransas Pass Townsites, Block 548, Lots 13, 14, 15 and 16).

6.III.

Public hearing on the renewal of the Conditional Use Permit for Yosvani U. Abreu for the placement of an RV while constructing a house at 902 N. mcCampbell Street, located at the northwest corner of W. Myrtle Avenue and N. McCampbell Street (Legal Description: Aransas Pass Townsites, Block 407, Lot 9)

6.IV.

Consider and Act on Ordinance 2019-4235 renewing Conditional Use Permit for Yosvani U. Abreu for the placement of an RV while constructing a house at 902 N. McCampbell Street, located at the northwest corner of W. Myrtle Avenue and N. McCampbell Street (Legal Description: Aransas Pass Townsites: Block 407, Lot 9).

6.V.

Public hearing on granting a Conditional Use Permit to allow Amy G. Steavens to operate a tattoo shop at 346 S. Commercial Street, Suite 9, located along the west side of S. Commercial Street and north of W. Goodnight Avenue (Legal Description: Aransas Pass Townsites, Block 512, Lots 21 and 22).

6.VI.

Consider and Act on Ordinance No. 2019-4236 to allow Amy G. Steavens to operate a tattoo shop at 346 S. Commercial Street, Suite 9, located along the west side of S. Commercial Street and north of W. goodnight Avenue (Legal Description: Aransas Pass Townsites, Block 512, Lots 21 and 22).

7.

CITY MANAGER.

7.I.

Consider and Act on Resolution No. 2019-885 suspending the May 27, 2019 effective date of the proposal by Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Entex and Centerpoint Energy Texas Gas - South Texas Division to implement interim GRIP rate adjustments for gas utility investment in 2018 and requiring delivery of this resolution to the company and legal counsel.

7.II.

Consider and Act on Resolution No. 2019-886 authorizing Tax Resale Property, Suit No. S-07-1049-TX, Account Nos. 36142 and 36141, Tract Nos. 1 and 2, Lots 6, 7, and 8, Block 439, Original Townsite, City of Aransas Pass, San Patricio County, Texas.

7.III.

Consider and Act on Resolution No. 2019-887 authorizing Tax Resale Property, Suit No. S-07-1049-TX, Account No. 36143, Lots 9, 10 and 11, Block 439, City of Aransas Pass, San Patricio County, Texas.

7.IV.

Consider and Act on Ordinance No. 2019-4237 amending the City Code of Ordinances, Chapter 26, designating Article V - Bicycles, and adding Section 26-56, Riding Bicycles on Sidewalks, and providing an effective date.

8.

COMMUNITY ENRICHMENT.

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

2nd Quarterly Update - Community Enrichment

9.

DEVELOPMENT SERVICES.

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

Consider and Act on awarding the Request for Bids for King Lift Station Repairs 2019.

9.II.

Consider and Act on awarding the Request for Bids for Softball Field Lighting 2019.

9.III.

Monthly Building Department Report - March 2019.

10.

FINANCE.

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

Consider and Act on Ordinance No. 2019-4238 amending the budget for the Fiscal Year 2019 in accordance with existing statutory requirements; appropriating the various amounts herein; repealing all prior ordinances and actions in conflict herewith; and providing an effective date.

10.II.

Consider and Act on approving a contract with Brenda McElwee, CPA in the amount of $12,000 for a Single Audit for Fiscal Year ending September 2018.

10.III.

Monthly Financial Report - March 2019

10.IV.

FY 2018-2019 2nd Quarter Investment Report (January - March)

11.

INFORMATION TECHNOLOGY.

12.

PUBLIC SAFETY.

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

Monthly Public Safety Report - March 2019.

12.II.

Monthly Fire Department Report - March 2019

13.

CITY COUNCIL OR STAFF ANNOUNCEMENT.

  • Census Complete Count Committee
  • City Wide Clean-up - April 27, 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 Meetings 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. Thomas Dutton vs. City of Aransas Pass, Cause No. S-18-6046CV-B in the 156th District Court in San Patricio County, Texas.
  2. Daniel Jimenez and Paul Harrison vs. City of Aransas Pass, Cause No. S-15-6059-CV-C in the 13th Court of Appeals.
  3. La Nina Ship
  4. Annexation Proceedings.
15.II.

Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:

  1. City Attorney.
15.III.

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

15.IV.

Consider and Act on Resolution No. 2019-888 declaring City's intent to begin annexation of up to 1,400 acres of land into the Territorial Limits of the City of Aransas Pass, directing the City Manager to prepare a Service Plan for the extension of municipal services to the proposed annexation area, and setting, posting and publishing two public hearings on annexation.

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 _______________________, 2019 at ______ am/pm.

                                                                        Mary Juarez
                                                                        City Secretary