AGENDA CITY OF PORT ARANSAS, TEXAS CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING CITY HALL 710 W. AVENUE A THURSDAY, NOVEMBER 16, 2006 5:00 P.M. This meeting is being conducted in accordance with the Americans with Disabilities Act [42 USC 12101 (1991)]. The facility is wheelchair accessible and handicap parking is available. Requests for interpretive services are available with 48 hours prior notice to meeting time. To make arrangements, please call 749-4111, M-F, 8-12, 1-5 p.m. The City of Port Aransas does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the employment, meetings, or provision of services. Members of the audience will be recognized at the appropriate time by placing their name, address, and listing the subject matter on the roster. 1. CALL TO ORDER 2. PLEDGE AND PRAYER 3. PRESENTATION & PROCLAMATION A. Proclamation honoring Port Aransas Preservation and Historical Association B. Presentation by AEP representative 4. OPEN PUBLIC HEARING A. Discussion on Zoning Request #ZRC2006-4, Sandpiper Villas, Lots 1-3, Block 1, and Lots 1-3, Block 2, Port Aransas, Nueces County, Texas. Lopez & Sons Drywall, Inc. Are requesting to change the current zoning of Residential-1 to Residential-2. Property Location: 600 Block of Sea Breeze Lane. B. Discussion on Special Use Permit application #SUP2006-1, Pleasant Valley Section E, Lot 1A, Port Aransas, Nueces County, Texas. The application is for the construction of a lumber yard in a Commercial-2 with a Corridor-2 overlay. The zoning for a lumber yard is Light Industrial. Requested by: Don Huff for J.P. Hooten Property Location: 1800 Block of State Highway 361. C. Discussion on Dune Permit and Beachfront Construction Certificate Application #BFDP2006-11, Ocean View Estates, Lot 13, Block 1, Port Aransas, Nueces County, Texas, for construction of a single-family residence, associated driveway, a
swimming pool, landscaping, and two recreational areas. Requested by: Danny and Jeannine Labruzzo Property Location: 540 Ocean View Drive. D. Discussion on Dune Permit and Beachfront Construction Certificate Application #BFDP2006-12, 0.502 acres of land being the east half of Lot 3, Block 9, State Land Surveys on Mustang Island, Port Aransas, Nueces County, Texas. The proposed permit will allow the construction of a new 10' wide pathway which will connect to an existing beach access. Requested by: Greg and Athena Vagshenian Property Location: 1722 On The Beach. 5. CLOSE PUBLIC HEARINGS CITIZEN COMMENTS AND REPORTS: In accordance with the Open Meeting Act, Council is prohibited from acting or discussing (other than factual responses to specific questions) any items brought before them at this time. Comments will be limited to three (3) minutes or less. 6. APPROVAL OF MINUTES FROM: October 19, 2006 7. FINANCIAL REPORT: City Council will consider: October Financial Report and take any necessary action. 8. CONSENT AGENDA: The following items are of routine or administrative nature or have been discussed previously at a public meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council member, in which event the item will immediately be withdrawn for individual consideration. The remaining items will be adopted by one vote. Items withdrawn for separate discussion will be acted upon individually. A. Consider and take appropriate action on Dune Permit and Beachfront Construction Certificate Application #BFDP2006-11, Ocean View Estates, Lot 13, Block 1, Port Aransas, Nueces County, Texas, for construction of a single-family residence, associated driveway, a swimming pool, landscaping, and two recreational areas. Requested by: Danny and Jeannine Labruzzo Property Location: 540 Ocean View Drive. B. Consider and take appropriate action on Dune Permit and Beachfront Construction Certificate Application #BFDP2006-12, 0.502 acres of land being the east half of Lot 3, Block 9, State Land Surveys on Mustang Island, Port Aransas, Nueces County, Texas. The proposed permit will allow the construction of a new 10' wide pathway which will connect to an existing beach access. Requested by: Greg and Athena Vagshenian Property Location: 1722 On The Beach. C. Third and final reading of an Ordinance prohibiting bonfires, campfires and open flames on the beach within 35 feet of the dune line of vegetation.
D. Third and final reading of an Ordinance amending provisions of Port Aransas Code, Chapter 17, Police, providing a savings clause, severability clause and effective date. E. Third and final reading of an Ordinance prohibiting Storm Water obstructions. F. Third and final reading of an Ordinance amending provisions of Port Aransas Code Chapter 20, Streets, Sidewalks and Other Public Ways, Article III. Sections 20-68, 20-69, 20-70, 20-72, 20-75, 20-76, and 20-77, providing a savings clause, severability clause and effective date. G. Third and final reading of an Ordinance amending provisions of Port Aransas Code Chapter 20, Streets, Sidewalks and Other Public Ways, Section 20-49. Drainage Tile, providing a savings clause, severability clause and effective date. H. Third and final reading of an Ordinance changing the zoning on Lighthouse Addition, Lot 38, 831 Eleventh Street South from Residential-1 to Residential-2 and providing for effective date, reading, severance and publication. I. Second reading of an Ordinance abandoning the remainder of Avenue D between Ninth and Tenth Streets. J. Second reading of an Ordinance adopting the Proposed Future Land use Plan Map. K. Second reading of an Ordinance adopting components of the Comprehensive Plan. L. Second reading of an Ordinance amending provisions of Port Aransas Code Chapter 4, Animals, Article II. Section 4-56 with respect to requiring rabies vaccines every three full years. Consent Motion: At this point the City Council will vote on all items not removed for individual consideration. 9. REGULAR BUSINESS A. Consider and take appropriate action on Special Use Permit application #SUP2006-1, Pleasant Valley Section E, Lot 1A, Port Aransas, Nueces County, Texas. The application is for the construction of a lumber yard in a Commercial-2 with a Corridor-2 overlay. The zoning for a lumber yard is Light Industrial. Requested by: Don Huff for J.P. Hooten Property Location: 1800 Block of State Highway 361. B. First reading of an Ordinance changing the zoning on Sandpiper Villas, Lots 1-3, Block 1, and Lots 1-3, Block 2, 600 Block of Sea Breeze Lane from Residential-1 to Residential-2 and providing for effective date, reading, severance, and publication. C. First reading of an ordinance amending the Miscellaneous Offenses Chapter of the
Code of Ordinances of the City of Port Aransas, Texas, by the addition of a new Section 13-4, Regulation of Sex Offender Residency, making it unlawful for certain sex offenders to reside within a defined distance of certain defined premises where children commonly gather; providing that a culpable mental state is not required for committing an offense under this Section; providing for affirmative defenses, a fine, that this ordinance is cumulative, for severability, governmental immunity, injunctions; publication and effective date. D. A Resolution suspending the effective date of AEP Texas Central Company s requested rate changes to permit the City time to study the request and to establish reasonable rates; approving cooperation with other cities within AEP Texas Central Company s service territory; authorizing intervention in the proceeding at the Public Utility Commission; retaining counsel to represent the City; requiring reimbursement of cities rate case expenses; requiring notice of this resolution to the company. E. A Resolution supporting constitutional change for 30% Homestead Exemption maximum. F. A Resolution canvassing the returns and declaring the results of a bond election and other matters in connection therewith. 10. OTHER BUSINESS A. Discussion and take any necessary action on Port Aransas Independent School District s request to install a sign. B. Presentation by Beach Maintenance Committee on recommendations of beach maintenance changes, discussion and take any necessary action. C. Discussion and take any necessary action on Airport Advisory Board s recommendation that the City work on airport development using private/public partnerships. D. Consider and take any necessary action on Large Event Permit request for Texas SandFest. E. Discussion and take any necessary action of historical issues and possible site for Sears house. F. Discussion and take any necessary action on scheduling a City Council workshop to discuss the Harbor and City Hall. G. Discussion and take any necessary action on forming an official position and notifying the County Commissioners Court concerning the County Beach Management Advisory Committee s desire to put all the dune permitting for Mustang Island under their control.
H. Discussion and take any necessary action on the city making comments on the County s proposed 350 foot setback from the line of vegetation on dune permits and beachfront construction permits. 11. CITY MANAGER REPORT 12. CITY COUNCIL COMMENTS AND ITEMS FOR FUTURE CONSIDERATION 13. ADJOURNMENT THIS MEETING SHALL BE CONDUCTED PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION 551.001 ET SEQ. AT ANY TIME DURING THE MEETING THE COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION ON ANY OF THE ABOVE POSTED AGENDA ITEMS IN ACCORDANCE WITH SECTIONS 551.071, 551.072, 551.073, 551.074, 551.075, 551.076, 551.086, OR 551.087