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AGENDA
CITY OF PORT ARANSAS, TEXAS
CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING
CITY HALL– 710 W. AVENUE A
THURSDAY, JUNE 21, 2007
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.
PROCLAMATION HONORING NUECES CONSTABLE BOBBY SHERWOOD
FOR 30 YEARS OF SERVICE TO THE RESIDENTS AND GUESTS OF PORT
ARANSAS.
4.
CITY COUNCIL TO CONSIDER ELECTING A MAYOR PRO-TEM FOR THE
YEAR 2007-2008 AND TAKE ANY NECESSARY ACTION
5.
OPEN PUBLIC HEARING
A.
Discussion on Thoroughfare Plan portion of the City’s Comprehensive Plan.
B.
Discussion on Final Plat Request #FPLT2007-2, McNamara Addition No. 2, Lots 1
and 2, Port Aransas, Nueces County, Texas. Being a final plat of 1.103 acres of land
out of Lot 1, Block 79 State Land Surveys on Mustang Island, according to the map
recorded in the General Land Office located in Austin, Texas, and a portion of Lots
4 and 17, all of Lots 5, 6, 14, 15, and 16, Block 54, Aransas Holding Company
Subdivision, Section “C”, according to the map recorded in Volume 5, Pages 34-35,
map records of Nueces County, Texas; together with that portion of a 20 foot wide
alleyway lying in said Block 54, closed by City of Port Aransas Ordinance No. 82-38,
recorded under Clerk’s File No. 295557, Volume 1845, Page 831, deed records of
Nueces County, Texas, all located in the City of Port Aransas, Nueces County, Texas.
Request by: Pat N. McNamara
Property Location: 120 East Avenue G
6.
C.
Discussion on Preliminary Plat Request #PPLT2007-2, Newport Beach and Golf
South, Port Aransas, Nueces County, Texas. Being 208.08 acres out of the Isaac W.
Boone Survey 587, Land Script 241, the Edward Hall Survey 588, Land Script 227,
Lot 1, Block 1, Kingstone Beach, a map of which is recorded in Volume 61, Page
122, map records of Nueces County, Texas and Lot 1, Block 5, Gulfside Estates
Subdivision, a map of which is recorded in Volume 59, Page 59, map records of
Nueces County, Texas. Requested by: Texas Gulf and Harbor, LTD. (Craig Millard)
Property Location: 4000 Block of State Highway 361 (East side of Highway)
D.
Discussion of Dune Permit and Beachfront Construction Certificate #BFDP2007-6,
Tract B, Coral Cay Addition, Port Aransas, Nueces County, Texas. The proposed
construction will consider constructing a dune walkover and lookout deck located
directly over the existing foot path near the east property line. Requested by: Coral
Cay Condominiums (Bill Bauder) Property Location: 1419 S. Eleventh Street
E.
Discussion on Dune Permit and Beachfront Construction Certificate #BFDP2007-7,
Lot 74 (Amenities Area), Beachwalk Unit 2, N.U.D., Volume 59, Page 11, Map
records of Nueces County, Texas. The proposed construction will consider
improving and landscaping the surrounding pool area. Proposed is a 10 foot plus
wide strip, which is to be sodded and maintained to prevent blow sand from
accumulating and propagating into the pool area, and expansion of the existing
sprinkler system to incorporate the new vegetation, and other similar items associate
with landscaping needed to improve the overall amenity area. Requested by:
Beachwalk Unit 2 HOA c/o Chuck Borders
Property Location: 283 Keewaydin
Lane
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.
May 17, 2007
7.
APPROVAL OF MINUTES FROM:
8.
FINANCIAL REPORT: Discuss and take appropriate action on May Financial Report
9.
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 Final Plat Request #FPLT2007-2,
McNamara Addition No. 2, Lots 1 and 2, Port Aransas, Nueces County, Texas.
Being a final plat of 1.103 acres of land out of Lot 1, Block 79 State Land Surveys
on Mustang Island, according to the map recorded in the General Land Office located
in Austin, Texas, and a portion of Lots 4 and 17, all of Lots 5, 6, 14, 15, and 16,
Block 54, Aransas Holding Company Subdivision, Section “C”, according to the map
recorded in Volume 5, Pages 34-35, map records of Nueces County, Texas; together
with that portion of a 20 foot wide alleyway lying in said Block 54, closed by City
of Port Aransas Ordinance No. 82-38, recorded under Clerk’s File No. 295557,
Volume 1845, Page 831, deed records of Nueces County, Texas, all located in the
City of Port Aransas, Nueces County, Texas. Request by: Pat N. McNamara
B.
Consider and take appropriate action on Preliminary Plat Request #PPLT2007-2,
Newport Beach and Golf South, Port Aransas, Nueces County, Texas. Being 208.08
acres out of the Isaac W. Boone Survey 587, Land Script 241, the Edward Hall
Survey 588, Land Script 227, Lot 1, Block 1, Kingstone Beach, a map of which is
recorded in Volume 61, Page 122, map records of Nueces County, Texas and Lot 1,
Block 5, Gulfside Estates Subdivision, a map of which is recorded in Volume 59,
Page 59, map records of Nueces County, Texas. Requested by: Texas Gulf and
Harbor, LTD. (Craig Millard) Property Location: 4000 Block of State Highway 361
(East side of Highway)
C.
Consider and take appropriate action of Dune Permit and Beachfront Construction
Certificate #BFDP2007-6, Tract B, Coral Cay Addition, Port Aransas, Nueces
County, Texas. The proposed construction will consider constructing a dune
walkover and lookout deck located directly over the existing foot path near the east
property line. Requested by: Coral Cay Condominiums (Bill Bauder) Property
Location: 1419 S. Eleventh Street
D.
Consider and take appropriate action on Dune Permit and Beachfront Construction
Certificate #BFDP2007-7, Lot 74 (Amenities Area), Beachwalk Unit 2, N.U.D.,
Volume 59, Page 11, Map records of Nueces County, Texas. The proposed
construction will consider improving and landscaping the surrounding pool area.
Proposed is a 10 foot plus wide strip, which is to be sodded and maintained to
prevent blow sand from accumulating and propagating into the pool area, and
expansion of the existing sprinkler system to incorporate the new vegetation, and
other similar items associate with landscaping needed to improve the overall amenity
area. Requested by: Beachwalk Unit 2 HOA c/o Chuck Borders
Property
Location: 283 Keewaydin Lane
E.
Third and final reading of an Ordinance changing the zoning of, Sandpiper Villas,
Lots 1, 2, 3, Block 1 and Sandpiper Villas, Lots 1, 2, 3, Block 2, (600 Block of Sea
Breeze Lane) all in Port Aransas, Nueces County, Texas from Residential-1 to
Residential-2
F.
Second reading of an Ordinance granting a Special Use Permit under the zoning
regulations for the property described as Mustang Island State Land Survey (MISLS),
Lots 5 and 6, Block 73, Port Aransas, Nueces County, Texas (the “Property”), to be
used for Multifamily Condominium with short term transient rentals, a use not
allowed generally in the R-2 Zone where the property is located.
G.
A Resolution approving an amendment to the contract with Nueces County for
lifeguard services on the beach.
H.
A Resolution appointing Coastal Bend Council of Governments representatives.
I.
A Resolution authorizing the City Manager to apply for State Beach Maintenance
Funds and act for the City in this program.
J.
A Resolution authorizing the City Manager to enter into an Interlocal Agreement
with the Regional Transportation Authority (RTA) to establish a Ferry Shuttle
service.
Consent Motion: At this point the City Council will vote on all items not removed for
individual consideration.
10.
11.
REGULAR BUSINESS
A.
Appoint member to an unexpired term on the Airport Advisory Board.
B.
Appoint member of City Council to the Port Aransas Recreational and Development
Corporation Board of Directors
C.
Appoint a member of City Council to serve as second Vice-President for TML
Region 11.
D.
First reading of an Ordinance adopting the Thoroughfare Plan portion of the City’s
Comprehensive Plan.
E.
A Resolution adopting the FY 2007/2008 Goals.
F.
A Resolution supporting a multi-jurisdictional grant application by Corpus Christi
Police Department to the United States Department of Justice for inter-operable
communications.
G.
A Resolution authorizing the City Manager to apply for a grant from Texas Parks and
Wildlife Department State Boating Access Program.
H.
A Resolution authorizing the City Manager to award a bid for airport paving and
pothole/street repair.
OTHER BUSINESS
A.
Discussion and take appropriate action on the use of City vehicles for personal use
and taking home.
B.
Discussion and take appropriate action on wrecker service fees.
C.
Discussion and take appropriate action on directing staff to include provisions for
changes in the development code to remove Council’s powers to allow developers
to post bonds in lieu of infrastructure completion for platting.
12.
CITY MANAGER REPORT
13.
CITY COUNCIL COMMENTS AND ITEMS FOR FUTURE CONSIDERATION
14.
ADJOURNMENT
THIS M EETING SHALL BE CONDUCTED PURSUANT TO THE TEXAS GOVERNM ENT
CODE SECTION 551.001 ET SEQ.
AT ANY TIM E DURING THE M EETING THE
COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION ON ANY
OF THE ABOVE POSTED AGENDA ITEM S IN ACCORDANCE W ITH SECTIONS 551.071,
551.072, 551.073, 551.074, 551.075, 551.076, 551.086, OR 551.087 TEXAS GOVERNM ENT
CODE
CITY COUNCIL MEETING
JUNE 21, 2007
ITEM/SUBJECT: Proclamation honoring Nueces County Constable Bobby Sherwood for 30 years
of service to the residents and guests of Port Aransas.
INITIATING DEPARTMENT:
Administration
COMMENTARY: Mayor Brown requested that Bobby Sherwood be honored by proclamation for
his 30 years in law enforcement.
CITY MANAGER
ASSOCIATED INFORMATION: Proclamation
Officeof the
MAYOR
for the
CITY OF PORT ARANSAS
PROCLAMATION
WHEREAS, Bobby Sherwood, Nueces County Constable, Precinct #4, has given
Thirty (30)Years of service to the residents and guests of Port Aransas, Texas; and
WHEREAS, Bobby began his law enforcement career 30 years ago in Port Aransas,
serving and protecting in the capacity of a City Police Officer; and
WHEREAS, Bobby continued in service to the community with the Nueces County
Constable’s office as a Deputy Constable; and
WHEREAS, He was elected to the office of Nueces County Constable by the people of
Port Aransas, Flour Bluff and Island area nearly Fifteen (15) years ago; and
WHEREAS, His service and devotion to duty has shown both justice to those who have
been deserving of it, and love to his fellow islanders.
NOW THEREFORE, I, Claude Brown, Mayor of the City of Port Aransas, do hereby
proclaim and honor Constable Bobby Sherwood this day for his long standing service to the
residents and guests of the City of Port Aransas.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City to be affixed on this 21st day of June, 2007.
Claude Brown, Mayor
ATTEST:
_______________________________
Esther Arzola, City Secretary
JUNE 21, 2007
ITEM/SUBJECT: Consider electing a Mayor Pro-Tem for the year 2007-2008 and take any
necessary action.
Administration
COMMENTARY: Article III. Section 5. Mayor and mayor pro-tem of the City Charter requires that
a councilman be elected by the city council at the first regular city council meeting following each
regular city election.
The mayor pro tem shall act as mayor during the disability or absence of the mayor, and in this
capacity shall have the rights conferred upon the mayor.
CITY MANAGER
ASSOCIATED INFORMATION:
JUNE 21, 2007
ITEM/SUBJECT: Discussion on Thoroughfare Plan portion of the City’s Comprehensive Plan.
Administration
COMMENTARY: The City’s land planners have created a thoroughfare plan for the movement of
vehicles in the City. The map was created with the help of traffic count data and using the future land
use map and with density and land use intensity predictions.
The completion of the thoroughfare plan is a major step forward and is the last remaining major item
in the comprehensive plan process. The thoroughfare plan identifies areas for follow-up work and
concentration, such as the ferry.
CITY MANAGER
JUNE 21, 2007
ITEM/SUBJECT: Discussion on Final Plat Request #FPLT2007-2, McNamara Addition No. 2, Lots
1 and 2, Port Aransas, Nueces County, Texas. Being a final plat of 1.103 acres of land out of Lot
1, Block 79 State Land Surveys on Mustang Island, according to the map recorded in the General
Land Office located in Austin, Texas, and a portion of Lots 4 and 17, all of Lots 5, 6, 14, 15, and 16,
Block 54, Aransas Holding Company Subdivision, Section “C”, according to the map recorded in
Volume 5, Pages 34-35, map records of Nueces County, Texas; together with that portion of a 20
foot wide alleyway lying in said Block 54, closed by City of Port Aransas Ordinance No. 82-38,
recorded under Clerk’s File No. 295557, Volume 1845, Page 831, deed records of Nueces County,
Texas, all located in the City of Port Aransas, Nueces County, Texas. Request by: Pat N. McNamara
Administration
COMMENTARY: Mr. McNamara presented this plat to Council in 2004 but due to a question on
whether the City required a 30' Right-of-Way (ROW), it was pulled from consideration until the City
conducted the Land Use Plan and Thoroughfare Plan. Those Plans have been passed and in Staff’s
opinion, we did not need to extract the 30' ROW.
Urban Engineering reviewed the plat for the City and found that it met all requirements with the
exception of some clerical questions and reminded that the area adjacent to Ninth Street has some
history behind it involving the dedication of ROW.
Jerry Brundrett of Griffith and Brundrett, representative of Mr. McNamara, addressed Urban’s
comments and reflected them on a new copy of the plat.
CenturyTel and the City’s Gas Division approve with no comment, AEP did not respond and the
Water District approves with the comment that the property has existing service.
The Planning and Zoning Commission recommends approval of this request.
CITY MANAGER
ASSOCIATED INFORMATION: 5/29/07 P&Z Minutes, Application, Utility Comments, Engineer
Comments, Aerial Map & Proposed Plat
STATE OF TEXAS
MINUTES OF PLANNING AND ZONING
COMMISSION REGULAR MEETING
COUNTY OF NUECES
TUESDAY MAY 29, 2007
CITY HALL - 3:00 P.M.
1)
CALL TO ORDER:
The Planning and Zoning Commission met at 3:10 p.m. Tuesday May 29,
2007, at their regular meeting place, 710 W . Avenue A at City Hall in Council Chambers, Port
Aransas, Nueces County, Texas, with the following members present:
Glenda Balentine - Absent (Alternate)
Betsy Churgai
Nick Lorette
- Late 3:55 p.m.
Edward Buskey
Linda Zahn
Bruce Clark
Hugh Lancaster
Becky Corder
(Chairwoman)
Staff - David Parsons; Jeane Ivey
City Manager - Michael Kovacs
City Engineer - Orlando Ortiz of Urban Engineering
Alternate Engineer - Steven Rhea of Naismith Engineering, Inc.
2)
CLOSE REGULAR MEETING:
3)
OPEN PUBLIC HEARING:
A.
Discussion on Final Plat Request #FPLT2007-2, M cNamara Addition No. 2, Lots 1 and 2,
Port Aransas, Nueces County, Texas. Being a final plat of 1.103 acres of land out of Lot 1,
Block 79 State Land Surveys on Mustang Island, according to the map recorded in the
General Land Office located in Austin, Texas, and a portion of Lots 4 and 17, all of Lots 5,
6, 14, 15 and 16, Block 54, Aransas Holding Company Subdivision, Section “C”, according
to the map recorded in Volume 5, Pages 34-35, map records of Nueces County, Texas;
together with that portion of a 20-foot wide alleyway lying in said Block 54, closed by the
City of Port Aransas by Ordinance No. 82-38, recorded under Clerk’s File No. 295557,
Volume 1845, Page 831, deed records of Nueces County, Texas, all located in the City of
Port Aransas, Nueces County, Texas. Request by Pat N. McNamara. Property location: 120
East Avenue G.
NO public comment.
B.
Discussion on Preliminary Plat Request #PPLT2007-2, Newport Beach and Golf South, Port
Aransas, Nueces County, Texas. Being 208.08 acres out of the Isaac W . Boone Survey 587,
Land Script 241, the Edward Hall Survey 588, Land Script 227, Lot 1, Block 1, Kingstone
Beach, a map of which is recorded in Volume 61, Page 122, map records of Nueces County,
Texas and Lot 1, Block 5, Gulfside Estates Subdivision, a map of which is recorded in
Volume 59, Page 59, map records of Nueces County, Texas. Request by: Texas Golf and
Harbor, LTD. (Craig Millard). Property location: 4000 B lock of State Highway 361 (East
side of Highway ).
No public comment.
P&Z 05/29/07
-1-
4)
CLOSE PUBLIC HEARING:
5)
RECONVENE REGULAR MEETING:
6)
CITIZEN COMMENTS:
7)
CONSIDER AND TAKE APPROPRIATE ACTION ON FINAL PLAT REQUEST #FPLT2007-2,
MCNAMARA ADDITION NO. 2, LOTS 1 AND 2, PORT ARANSAS, NUECES COUNTY,
TEXAS. REQUEST BY PAT N. MCNAMARA. PROPERTY LOCATION 120 E. AVENUE G:
NONE
Utility responses: CenturyTel of Port Aransas approves with no other comment. Nueces County W ater District
# 4 approves with the following comment: “Property has existing service”. AEP Texas Central
Company did not respond. City of Port Aransas Gas Division approves with no other comment.
Engineer comments: Urban Engineering (Orlando Ortiz), “I have reviewed the subject “Final Plat” and have
determined that it meets all requirements established in the ordinance, with exception of the following:
1. The plat is missing a north arrow. North is illustrated on the Locator Map, but it is usually depicted on the
actual exhibit as well.
2. Alister St., as labeled on the exhibit, is actually SH 361.
3. The 15'B.L. along SH 361, when scaled, is 20' from the property line.
4. As you are aware, the area adjacent to Ninth St. has had some history behind it involving the dedication of
ROW . Please take this into consideration as well as the new litigation when determining a course of
action.”
Jerry Brundrett of Griffith and B rundrett was present as Mr. McNamara’s representative to answer any
questions the Commission might have. The comments made by Urban have been addressed and those
revisions are reflected on the new copies given to each of the Commission members.
This plat was presented to the Commission back in 2004 and there were questions, from the City’s point, about
dedicating thirty feet (30') of right-of-way (ROW ) for Ninth Street off of E. Avenue G (south side).
I understand that there was a study (Thoroughfare Plan and Land Use Plan) made and that, that portion
being obtained, was not in the proposal to be acquired on the new study. Pat felt like this was the green
light for him to resubmit the plat. This is the same plat that was reviewed in 2004. I will try to answer
any questions.
David Parson - in your packet there is an aerial of the area, the yellow is the proposed subdivision that we are
seeing tonight. It is two lots, part of it is from a Mustang Island State Land Survey tract. The area at
the corner of Avenue G and N inth St. has an existing small structure. This is the area that was in
question as to whether or not the City wanted to have that particular portion dedicated as ROW . The
main hold up in 2004 and 2005 was the City wanted to extract a portion of ROW . It went back and
forth and through an appeals process at which point the appeal did fail. It was kind of reconciled at
one point in 2005 that we would let the Thoroughfare Plan and the Land Use Plan identify any
potential need of that portion of Ninth St. The City staff would then review the plans and make a
recommendation. Since that time we have accomplished the Land Use Plan and have passed the
Thoroughfare Plan up to City Council. Since then Pat has come in and he did wait roughly two years
for us to finish those two studies. Pat’s question was, did the city find a need for attempting to extract
the ROW ? Staff’s view was that we did not need to extract the 30' ROW .
After a lengthy discussion on what was dedicated and not dedicated on that portion of Ninth St. between
Avenue G and Glendale, staff made a recommendation for approval of the plat to the Commission.
MOTION:
P&Z 05/29/07
Bruce Clark made the motion to recommend approval of Final Plat Application #FPLT20072, MCNAMARA ADDITION NO. 2, Lots 1 and 2, Port Aransas, Nueces County, Texas.
Request by Pat McNamara. Property location 120 E. Avenue G. Seconded by Betsy Churgai
and carried with the following vote:
-2-
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
8)
-
Yes
Yes
Absent (Late 3:55)
Yes
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
CONSIDER AND TAKE APPROPRIATE ACTION ON PRELIMINARY PLAT REQUEST
#PPLT2007-2, NEW PORT BEACH AND GOLF SOUTH, PORT ARANSAS, NUECES COUNTY,
TEXAS. REQUEST BY TEXAS GOLF AND HARBOR, LTD. (CRAIG MILLARD). PROPERTY
LOCATION: 4000 BLOCK OF STATE HIGHW AY 361 (EAST SIDE OF HIGHW AY):
Utility responses: CenturyTel of Port Aransas approves with no other comment. AEP Texas Central Company
did not respond. City of Port Aransas Gas Division approves with no other comment. Nueces County
W ater District # 4 approves with the following comment: “W ater and sewer lines and services
extended per District’s specifications”.
Engineer’s comment: Naismith Engineering, Inc. (Craig Thompson), “Naismith Engineering, Inc. (NEI) has
reviewed the referenced preliminary plat map and application for compliance with the City of Port
Aransas City Code, especially Chapter 21-Subdivisions. Based on NEI’s review, the aforementioned
documents are in general compliance, with the following comments:
1. Remove parking lot lines from Lot 3, Block 1 and Lot 1, Block 36. Note as “Parking Areas.”
Urban’s responses in italic:
I have removed notes, the parking lot lines and labeled these two sections as Parking Areas.
2. Lot 1, Block 39 does not have road access. Please clarify.
We have changed the lot configuration for this Block and the adjacent Blocks. Each property now has road
access.
3. Provide names for all streets on the plat.
We have added names to all streets that were not labeled.
4. Verify roadway type of Cayo Azule Drive.
It is a Type 9.
5. Verify roadway type of Hemingway Drive.
It is a Type 10.
6. Verify roadway type of Monterrey Drive adjacent to Lots 1-7, Block 31 and Lots 1-5, Block 32.
It is a Type 11.
7. Verify roadway type of Cannes Drive adjacent to Lot 1, Block 35 and Lot 1, Block 39.
It is a Type 6.
8. Montreu Drive is depicted as a Type 21 Roadway and a Type 8 Roadway on the plat. Verify where
transition from Type 21 to Type 8 occurs.
There is no transition. Montreu Drive is entirely a Type 8 Roadway.
9. The southernmost dune walkover is labeled as Type 27 which requires full width of pavement. I would think
that the dune permit would not allow pavement within this area. Please clarify.
We have removed the Type 27 designation and labeled all of the walkovers as Dune Walkovers.
10. Provide lot and block number for area at northern end of Gulfwind Drive.”
This lot is already labeled.
P&Z 05/29/07
-3-
Jim Urban, representative for Newport - the reason we are before you is that preliminary plats have a life span
of one year and this one had expired. It is part of the Planned Unit Development (PUD) but when we
did the PUD we went ahead and did preliminary plats as well on Newport Beach and Golf North and
South. I don’t know if anybody is aware of it but there is an area that has been acquired since they
bought the King Ranch tract and it is best depicted on sheet 3. There are actually two tracts of land
that circle around the King Ranch land. Jim showed the Commission on the plat where Access Road 1 was located and from there where the newly acquired land was located. W e were trying to show the
incorporation of the two tracts (Kingstone Beach and the Armstrong tract) under the original plan there
was a road that accessed in, came up and hit Beach and Golf South but there wasn’t any real
development in this area. W hat we have done is shown the road and the land and if you look at sheet
2, this strip is an add and this land is an add that comes in there to that. This is the incorporation of that
land into the overall plan. W e looked at only doing a plat on the newly acquired land, but under the
platting ordinance you have to include all of your contiguous property. Beach and Golf South
preliminary plat is being presented as it was two or three years ago with the addition of the newly
acquired land. Naismith reviewed the plat and found several clerical errors that we have corrected,
plus we met with them to make sure that we were fine. After we resubmitted, there were two other
errors found. One is on the piece of property that was purchased and there was not specific language
showing that the ROW was dedicated for Access Road 1 in order to make it full width through both
tracts. The other was a piece of property that did not have a lot reference. These two things have been
corrected in the revision that goes to David. For the most part Beach and Golf South is identical to
what it was plus it includes the two newly acquired pieces of land. Kingstone Beach is actually a
platted lot but we are bringing it in as a piece of property off the Armstrong tract. I am here to answer
any questions.
The walkovers were discussed as to their width and if they have been approved. The dune permit was approved
earlier this year for all of the golf course with staggered landings on the walkovers.
Jim Urban - I will make one more revision to include the walkover permit.
David Parsons - staff recommends approval with the condition that they update the dune walkovers as shown
on the approved permit.
MOTION:
Bruce Clark made the motion to recommend approval of Preliminary Plat Application
#PPLT2007-2, Newport Beach and Golf South, Port Aransas, Nueces County, Texas, subject
to making the preliminary plat reflect the dune walkovers according to the approved dune
permit and meet the W ater District’s specifications. Request by Texas Golf and Harbor, LTD
(Craig Millard). Property location 4000 Block of State Highway 361. Seconded by Linda
Zahn and carried with the following vote:
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
9)
-
Yes
Yes
Absent (Late 3:55)
Yes
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
CONSIDER AND TAKE APPROPRIATE ACTION ON BEACHFRONT CONSTRUCTION
CERTIFICATE AND DUNE PERM IT APPLICATION #BFDP2007-6, TRACT B, CORAL CAY
ADDITION, PORT ARANSAS, NUECES COUNTY, TEXAS. THE PROPOSED CONSTRUCTION
W ILL CONSIDER CONSTRUCTING A DUNE WALKOVER AND LOOKOUT DECK LOCATED
DIRECTLY OVER THE EXISTING FOOT PATH NEAR THE EAST PROPERTY LINE.
REQUEST BY CORAL CAY CONDOMINIUMS (BILL BAUDER) PROPERTY LOCATION 1419
S. ELEVENTH STREET:
The proposed construction will consider constructing a dune walkover and lookout deck located directly over
the existing foot path near the east property line.
P&Z 05/29/07
-4-
Engineer comments, Jay Gardner: “Naismith Engineering, Inc. (NEI) has reviewed the referenced Beachfront
Construction Certificate and Dune Permit for the Coral Cay development for compliance with the City
of Port Aransas city Codes (Chapter 16 Coastal Management Plan).
After NEI’s review of the referenced Certificate and Permit, I offer the following comments and
recommendations:
1. There are two attachments labeled “Attachment 2".
Urban’s response (Italic) to Naismith’s comments: (Orlando Ortiz) “Transmitted herein is the revised permit
application including the revisions recommended by Naismith Engineering, Inc. on Thursday, May
10, 2007.
The 1st “Attachment #8" label, as described by the Coastal Management Plan and required by the beachfront
construction certificate, has been removed from the exhibit sheet.
2. Section IV H. Permit and Certificate Application Requirements 1.b.
specifically requires the number of proposed structures. Please clearly indicate the number of proposed
structures in Section 1.b. of the application.
Revised as requested.
3. It would appear from Attachment 2 (second number 2) alone that two “look out” structures are proposed as
part of the walkover construction. No avoidance, minimization, or mitigation as part of impacts to
critical dunes is indicated or discussed in the application as a result of the construction of these
structures. In addition, no plans or profiles for either of these structures are provided.
Attachment #2 clearly denotes Option 1 and Option 2 after the descriptions of each deck. These are
alternative locations for the owners to choose from. It is the intent of the permit to only allow one of
these locations to be constructed.
Avoidance, minimization, and mitigation for all construction considered in this application are already
described in item 1.m. Additionally, avoidance and minimization is not an issue when the walkovers
and decks are located above the minimum 1:1 width:height ratio. U ltimately the only permanent
effects from construction would be the supporting piles of the deck and walkover which pose
significantly less adverse effects than the current effects of pedestrian traffic. This walkover will
ultimately help repair the dunes and create positive dune volume and dune vegetation once the dunes
reestablish themselves.
Attachment #2 is a plan view of the proposed walkover and lookout decks. Attachment #3 includes a profile
of the walkover, which will have the same elevations of the adjacent deck. We have included arrows
depicting the optional locations of the proposed decks for clarity. Additionally, both these decks
adhere to the 1:1 ratio as proposed.
4. The legal descriptions of the adjoining tracts have been omitted.
The legal descriptions have been reinserted.
5. The Mitigation Procedures should be clearly labeled with an attachment #.
The Mitigation Procedure is already clearly labeled as “Attachment #6.” (Bottom right hand side of
the page)
6. In the fourth photo, a thin (less than 2 foot) path is shown to be the currently used pathway to access the
beach. Please provide discussion, including avoidance, minimization, and mitigation regarding the
necessity of a six (6) foot wide walkover. In addition, it appears that an eight (8) foot wide concrete
path is proposed to access the walkover. No discussion of avoidance, minimization, or mitigation is
included regarding this sidewalk that may have effects on critical dunes.
Six foot wide walkovers are commonly used and have now become the standard minimum width to effectively
allow two wheelchairs (min. 30" each) or large items such as ice chests to pass one another.
Avoidance, minimization, and mitigation are again non-issues. The effects to the dunes after
constructing a 4' vs. a 6' walkover are identical or may contain a negligible difference.
P&Z 05/29/07
-5-
The 8' concrete path is actually a 6' concrete path that was miss-labeled. No critical dunes exist along the
concrete path so no avoidance, minimization, or mitigation is required.
7. Critical dunes are not identified on any exhibits.
Critical dunes have now been shown.
Orlando Ortiz of Urban Engineering, representing the client for the Coral Cay walkover - basically the walkover
now is just a pedestrian path and it is eaten up and eroded. Coral Cay has decided to install a wooden
walkover six foot wide and they want to incorporate a resting station look out area. The walkover
follows the path of the existing foot path and we meet all of the General Land Office (GLO)
requirements on height and positioning of the walkover. W e have responded to Naismith’s comments
and we never heard anymore from them. David, have you heard anything from Naismith?
David Parsons - yes, the only question he (Craig Thompson) still had was the difference in his definition of
minimization and that of the GLO’s. Basically, what is minimization in regards to some of the
overlook areas. Is minimization not doing them at all or is it just the area affected by the walkover?
Orlando Ortiz - the minimization is the actual effects to the dunes. W hat you are trying to minimize are the
effects to the dunes with putting in something like this. Ultimately at the end would be the pile size
on the dunes and really that is the only difference with putting it in or without putting it in. One thing
that came up in Corpus when we were going through minimization was that some of us tried to have
a lookout deck closer to the ground than what would be recommended. It starts eating away or not
allowing the vegetation to grow because it blocks the sun. But, if you have a one to one ratio then you
are supposed to be able to have the sun come in at a forty-five (45) degree angle and hit the vegetation
at each point, which we have accommodated. Ultimately we are not effecting those dunes below the
lookout area. I think that is what Craig was referencing.
The Commission then discussed the height of the lookout area.
Betsy Churgai - I know this is not the place to address this but I have it written down as a comment for future
discussion or a future item. I would like to see a consent agenda. I went through this sentence by
sentence, this will improve the situation, the dunes will be able to grow, this is a good walkover. It
does not have any problems and I would like to see it pass. Sometimes our agendas are so full, but if
we do our homework, this is one of these that just ought to sail through.
Becky Corder - I think it is our job to review these things individually to be sure we can pass these up to City
Council for their consent agenda.
Edward Buskey - I agree, this looks like a net positive.
David Parsons - Coral Cay contacted staff last fall and they wanted to know the possibilities of doing some
heavy equipment work through the dunes to open this up. Because of what was happening, blow sand
was filling in and the dunes were shifting and migrating, so they were getting humps that were hard
for some of the elderly people to walk over and the young kids. So they said, can we flatten this out
and come back in here and really do a lot of maintenance? Staff encouraged them to look at what the
Aransas Princess did and let that fill in, in order to take its course and then come up and over with a
walkover. W e are happy that they are going this route instead of a perpetual maintenance that would
keep a big wedge opened up through the dunes.
MOTION:
Bruce Clark made the motion to recommend approval of Beachfront Construction Certificate
and Dune Permit Application #BFDP2007-6, Tract B, Coral Cay Addition, Port Aransas,
Nueces County, Texas, as the revision was presented. Request by Coral Cay Condo (Bill
Bauder). Property location 1419 South Eleventh Street. Seconded by Edward Buskey and
carried with the following vote:
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
P&Z 05/29/07
-
Yes
Yes
Absent (Late 3:55)
Yes
-6-
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
10)
CONSIDER AND TAKE APPROPRIATE ACTION ON BEACHFRONT CONSTRUCTION
CERTIFICATE AND DUNE PERMIT APPLICATION #BFDP2007-7, LOT 75 (AMENITIES
AREA), BEACHW ALK UNIT 2, N.U.D., VOLUME 59, PAGE 11, M AP RECORDS OF NUECES
COUNTY, TEXAS. THE PROPOSED CONSTRUCTION W ILL CONSIDER IMPROVING AND
LANDSCAPING THE SURROUNDING POOL AREA. PROPOSED IS A 10' + W IDE STRIP,
W HICH IS TO BE SODDED AND MAINTAINED TO PREVENT BLOW SAND FROM
ACCUMULATING AND PROPAGATING INTO THE POOL AREA, AND EXPANSION OF THE
EXISTING SPRINKLER SYSTEM TO INCORPORATE THE NEW VEGETATION, AND OTHER
SIMILAR ITEMS ASSOCIATED W ITH LANDSCAPING NEEDED TO IMPROVE THE
OVERALL AMENITY AREA. REQUEST BY BEACHW ALK UNIT 2 HOA C/O CHUCK
BORDERS. PROPERTY LOCATION 283 KEEW AYDIN LANE:
The proposed construction will consider improving and landscaping the surrounding pool area. Proposed is a
10' + wide strip, which is to be sodded and maintained to prevent blow sand from accumulating and
propagating into the pool area, and expansion of the existing sprinkler system to incorporate the new
vegetation, and other similar items associated with landscaping needed to improve the overall amenity
area.
Construction Certificate and Dune Permit for the Beachwalk development for compliance with the
City of Port Aransas City Codes (Chapter 16 Coastal Management Plan).
After NEI’s review of the referenced Certificate and Permit, I offer the following comments and
recommendations:
Urban’s response (Italic) to Naismith’s comments: (Orlando Ortiz) “Transmitted herein is the revised
permit application including the revisions recommended by Naismith Engineering, Inc. on Thursday,
May 10, 2007.
2. The Mitigation Procedures attachment language does not reflect what is being proposed in the application
form. Please reconcile and the Mitigation Procedures should be clearly labeled with attachment #.”
The Mitigation Procedures is already clearly labeled as “Attachment #5" (bottom right hand side of the page).
A note has been added to Attachment #2 to clarify the recent mitigation activity.”
David Parsons - Chuck Borders is out of town but this is sort of a City generated issue. The City Building
Official, Joe Lamb, had been out on a building inspection visit to a nearby premises when he noticed
what he remembered as impacted critical dunes being impacted through some construction. He
immediately called city staff and we went out with the original dune permit from this area and sure
enough it was critical dunes that had been impacted. W hat they were doing was trying to extend the
amenities area around the pool and they had encroached about fifty (50) to sixty (60) feet up into a
critical dune. A portion of it was a mitigated dune from the 1997 permit. W e are under obligation
within our Coastal Management Plan to notify the GLO on a critical dune violation. W e notified the
General Land Office and came to the agreement that we would like to see the issue rectified through
a dune permit. So this is the rectification of those impacted critical dunes and critical dune vegetation.
Basically the permit before you is to fix the areas that they impacted in the critical dunes plus they
want to establish a ten (10) foot maintenance area around the fence of the pool. W hat they had done
in the original permit was to design the pool to be as close to the dunes as possible. The dune is
shifting, basically going right through the existing fence. Therefore they need a buffer zone in order
to maintain an area between the dune and the fence line. The permit is to fix the impacted dunes and
to establish a buffer zone between the dune vegetation and the pool fence.
Edward Buskey - so there is a mitigation area for this, where they have already moved that which was going
through their fence.
P&Z 05/29/07
-7-
Bruce Clark - it looks like they have already moved that and I guess that is part of the violation. My question
is this area here, are they going to let the natural grass grow back or what are they going to put in
there?
David Parsons - in the original permit it does not give a dimension between the critical dune vegetation and the
pool fence. You have to look at it on paper and say it looks to be like there is some space between
there, what they want to establish is the space distance. W e are not saying that the old critical
vegetation came exactly to the fence line, which is probably not the case. There was probably
supposed to be some buffer in there because there is no way you could do it otherwise. This permit
is to establish a buffer. Potentially there is not really a mitigated area if we say there should be a buffer
between the fence.
Edward Buskey - basically they have already moved the dune that had moved in there.
David Parsons - they did not move the dune, what they really did was wipe out the dune vegetation which was
the infraction.
Hugh Lancaster - is their plan to take over part of the dune and sod it?
David Parsons - they were attempting to do a huge area that way.
Hugh Lancaster - can you do that?
David Parsons - no.
Bruce Clark - can they do a small area that way?
David Parsons - that is what they are attempting to do.
Orlando Ortiz - maybe I can help clear up a couple of the issues. W e were kind of hired by Chuck to help them
with all of the technical issues and help them present the dune permit. I can provide some background
to it. Basically what he did and what has happened is, I think, they used some kind of bulldozer to push
the dune back about a ten foot area. It kind of shrinks in certain areas and that in essence, I guess, is
their mitigation. They have effected it but that same effect has been, I guess, mitigated seaward right
at the edge of their grass zone. The grass zone is actually limited to their lot line which is, I think,
about six feet behind the fence in the closest part and a little bit up to ten feet around the rest of the
fence. It will come around ten and then shrink down to about six then come around ten again but they
are limited to their back property line. In essence the mitigation is right on top of their effected dunes
and that is where the mitigation would end up. But without further effecting the dunes than they
already are that’s really the best way to leave it because vegetation has already started to re-vegetate
those impacts.
Bruce Clark - is the re-vegetation going to be sodded and sprinkled or is it going to be natural?
Orlando Ortiz - I think the limits of their sod is ten feet outside of the fence.
Bruce Clark - what are staff’s thoughts?
David Parsons - staff’s issue, where is the critical dune line next to the pool? W hen you look at the original
permit it shows a big fat line going on the pool and it’s hard to say that is exactly two feet, or its
exactly five feet. W e can’t say exactly where it is. W e knew they had impacted the dunes because they
extended fifty to sixty feet into the dune area, that part was easy. W hat they want to do is to establish
with the city, where is the critical dune line adjacent to the pool area? They want a ten foot buffer and
we had no hard evidence that says the critical dune was right up against the pool. W e knew that things
were shifting towards the pool and moving that way. Staff is okay with ten feet.
After further discussion of the same Bruce Clark made a motion.
MOTION:
Bruce Clark made the motion to recommend approval of Beachfront Construction Certificate
and Dune Permit Application #BFDP2007-7, Lot 75 (amenities area) Beachwalk Unit 2
N.U.D. , Port Aransas, Nueces County, Texas as the revision was presented. Request by
Beachwalk Unit 2 HOA (Chuck Borders). Property location 283 Keewaydin Lane. Seconded
by Betsy Churgai and carried with the following vote:
Linda Zahn
Betsy Churgai
Nick Lorette
P&Z 05/29/07
- Yes
- Yes
- Yes
Glenda Balentine - Absent (Alternate)
Bruce Clark
- Yes
Hugh Lancaster - Yes
-8-
Edward Buskey
11)
- Yes
Becky Corder
- Yes (Chairwoman)
DISCUSSION AND TAKE ACTION AS MAY BE APPROPRIATE O N AN RTA FERRY
SHUTTLE PROPOSAL:
Michael Kovacs (City Manager) introduced David Seiler with the RTA. Mr. Seiler is in operations and the
number two guy at RTA. Glen Martin, RTA Board Representative for the City Port Aransas and Ann
Vaughan the Executive Director of the Port Aransas Chamber of Commerce and Tourist Bureau and
Councilman Hall.
One of the things we wanted to talk a little about is the transit plan that we have as part of our comprehensive
plan. One of the last few pieces that we need to finish is the transit component to our comp plan. W e
have been working with the RTA over the last couple years on different ways to amend and update our
different plans. W e have essentially three routes that come into the city. W e had a concept for some
way to serve the employers and try to improve quality of life and also address some of the ferry
capacity issues. That would be a concept of a park and ride and then bringing folks over as pedestrians
on the ferry and then distributing them through some sort of an employer shuttle.
Mr. Seiler detailed the existing public transportation being provided in Port Aransas. They were the #94, Port
Aransas Shuttle which operates annually; the Port Aransas Flexi-B which operates annually and
provides for transportation from Port Aransas to Corpus Christi for medical appointments.
The proposed concept by Port Aransas, as stated by Mr. Seiler, is to provide transportation from the Port
Aransas Ferry landing to job destinations in Port Aransas. Potential rider would park at the Park-andRide lot constructed by TxDOT on the north side of the ship channel. This service was needed due to
traffic congestion partially due to increased employment opportunities on the island. The concept is
to provide vans or conventional bus (es) and operate as a seasonal service during specific times during
the day. He stated that surveys would be conducted to approximate the usage of this service. Mr. Seiler
detailed the following study methodology steps and identified the responsible part for each step:
1. Develop a purpose and need statement which would be prepared by the requesting community.
2. Data collection which would be gathered by the RTA and the requesting community.
3. Technical analysis which would be compiled by RTA.
4. Implementation and monitoring which would be handled by RTA.
The Commission would like for the shuttle service to run annually not just seasonal. Check the timing of the
shuttle in order to get more people to their destination. Does the route have to be a set route or could
it be on demand? Scheduling might be a problem but may be driven by demand. Check the possibility
of allowing bicycles on board for those who would still have eight or so blocks to their final
destination from the route.
Mr. Seiler stated that the maximum fee/fare would be $.25 and that it could be negotiable. Also there would be
a promotional time period where there would be no fee/fare. W hat that time period is would come
from the RTA Board. All of the items or concerns can be addressed and worked out.
Glen Martin and Councilman Hall are very much in favor of having a ferry shuttle service for the employees
of Port Aransas and would like to see it fast tracked if possible.
Ann Vaughan stated that they (Chamber) would do everything they could to promote and encourage the
employers of the city to encourage their employees to use the ferry shuttle. In order to make it work
the rider ship has to be good. I look forward to a future meeting if the Commission recommends
approval to the Council so that we can get down to nuts and bolts planning.
MOTION:
P&Z 05/29/07
Bruce Clark made the motion to recommend approval of the RTA Ferry Shuttle proposal.
Seconded by Edward Buskey and carried with the following vote:
-9-
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
12)
-
Yes
Yes
Yes
Yes
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
APPROVAL OF MINUTES:
April 23, 2007, Regular Meeting
The minutes of April 23, 2007, were approved as written with an aye vote by all members present except Betsy
Churgai and Becky Corder who both abstained from the vote.
13)
DISCUSSION AND TAKE APPROPRIATE ACTION ON THE COTTAGE COM M ITTEE’S
REPORT (AUGUST 2005):
After discussing the pros and cons on preparing an ordinance for cottage requirements, the majority of the
Commission determined they would wait and see the rewrites from Dunkin/Sefko before making any
recommendations to the City Council. City Council obtained Dunkin/Sefko to rewrite Chapters 21
and 25 at their May 17, 2007 meeting. No action was taken by the Commission.
14)
COMPREHENSIVE PLAN STATUS REPORT BY DAVID PARSONS (PLANNING AND
PROJECTS M ANAGER):
Facilities & Infrastructure
Drainage M aster Plan - Complete, recent action, Approved by City Council August 17, 2006 - estimated
start date, 2/25/2005 - estimated completion date, 8/17/2006.
M aster Facilities Plan - Complete, recent action, Approved by City council August 17, 2006. - estimated start
date, 10/1/2004 - estimated completion date, 8/17/2006.
Gas Utilities - recent action, in house business plan, have started - estimated start date, 11/1/2005 -estimated
completion date, ?.
Parks & Open Space - Complete, recent action, Approved by Council 6/16/2005 - estimated start date,
12/13/2004 - completion date, 6/16/2005.
Nature Preserve - Complete, recent action, Approved by City Council 11//21/2005, entering design estimated start date, 4/11/2005 - estimated completion date, 11/21/2005.
M ulti-M odel Transportation
Thoroughfare Study - recent action, To City Council at June Meeting; - estimated start date, 5/19/2005 estimated completion date, 8/15/2007.
Parking - recent action, To be included in Chapter 25 update - estimated start date,
- estimated completion
date, summer/fall ‘07.
Ped. & Bike M obility - Complete, recent action, Approved by Council 5/19/2005 - estimated start date,
11/3/2004 - estimated completion date, 5/19/2005.
Airport Operations - recent action, updating lease, attempting to reclassify. - estimated start date, 11/1/2005 estimated completion date, 4/1/2007.
City Harbor Study - Complete, recent action, Approved by City Council August 17, 2006 - estimated start
P&Z 05/29/07
-10-
Public Transportation (Design Phase) - recent action, RTA funded Beach Street project, Completed. estimated start date, 7/1/2005 - estimated completion date, 10/1/2006.
RTA to fund transportation study through TTI. - estimated start date, Summer ‘06 - estimated completion date,
Spring ‘07.
Land Use & Development
Land Use Plan - recent action, Land Use element: Approved by City Council Dec. 21, 2006 - estimated start
Phase III, Chapters 21 & 25 under review. Estimated start date, - estimated completion date, summer/fall ‘07
Economic Development - recent action, Approved by City Council April 19, 2007. - estimated start date,
Historical Properties - recent action, Hist. Soc. Grant with State underway for historical survey. Report is
complete - estimated start date, 7/1/2004 - estimated completion date, 2/1/2007.
Comp. Plan (Info. Sec.) - recent action, Lead in chapters (vision, stats, implementation) need to rewrite estimated start date, 5/19/2005 - estimated completion date, 12/15/2007.
M aster Plan (per code) - recent action, W ill add component to Comp plan scope - estimated start date,
Capital Improvements Prog. - recent action, TBA
15)
OTHER BUSINESS:
a)
Future items for the agenda - Ninth Street at Avenue G
b)
Staff comments - Michael Kovacs (City Manager), informed the Commission that the City
Council appointed them as the Capital Improvement Advisory Committee (CIAC).
16)
ADJOURNM ENT: - after a motion duly made and seconded, meeting was adjourned at 5:40 p.m.
Chairwoman (Becky Corder)
P&Z 05/29/07
-11-
JUNE 21, 2007
ITEM/SUBJECT: Discussion on Preliminary Plat Request #PPLT2007-2, Newport Beach and Golf
South, Port Aransas, Nueces County, Texas. Being 208.08 acres out of the Isaac W. Boone Survey
587, Land Script 241, the Edward Hall Survey 588, Land Script 227, Lot 1, Block 1, Kingstone
Beach, a map of which is recorded in Volume 61, Page 122, map records of Nueces County, Texas
and Lot 1, Block 5, Gulfside Estates Subdivision, a map of which is recorded in Volume 59, Page
59, map records of Nueces County, Texas. Requested by: Texas Gulf and Harbor, LTD. (Craig
Millard) Property Location: 4000 Block of State Highway 361 (East side of Highway)
Administration
COMMENTARY: This property had a previous preliminary plat but has expired. It is part of the
Planned Unit Development (PUD). An area has been acquired which is two tracts of land that circle
around the King Ranch land and has been added into this preliminary plat request.
Naismith Engineering reviewed the plat for the City and found that it was in compliance with City
Code except for several clerical errors which have been corrected. Urban has also made corrections
on the plat depicting that the right-of-way was dedicated for Access Road 1 to make it full width
through both tracts.
Water District approve provided that water and sewer lines and services extend per District’s
specifications.
The dune permit for this property was approved early this year and staff recommended that the
applicant update the dune walkovers on the preliminary plat as shown on the approved permit.
The Planning and Zoning Commission recommends approval of this request subject to making the
preliminary plat reflect the dune walkovers according to the approved dune permit and meet the
Water District’s specifications.
CITY MANAGER
ASSOCIATED INFORMATION: 5/29/07 P&Z Minutes, Application, Utility responses, Engineers
comments, Plat map
AGENDA ITEM #8 ON PLANNING AND ZONING COMMISSION MEETING
OF MAY 29, 2007 PERTAINING TO APPLICATION MADE
BY: TEXAS GOLF AND HARBOR, LTD. (CRAIG MILLARD)
8)
CONSIDER AND TAKE APPROPRIATE ACTION ON PRELIMINARY PLAT REQUEST #PPLT2007-2,
NEW PORT BEACH AND GOLF SOUTH, PORT ARANSAS, NUECES COUNTY, TEXAS. REQUEST BY
TEXAS GOLF AND HARBOR, LTD. (CRAIG MILLARD). PROPERTY LOCATION: 4000 BLOCK OF
STATE HIGHW AY 361 (EAST SIDE OF HIGHW AY):
Utility responses: CenturyTel of Port Aransas approves with no other comment. AEP Texas Central Company did not
respond. City of Port Aransas Gas Division approves with no other comment. Nueces County W ater District # 4 approves
with the following comment: “W ater and sewer lines and services extended per District’s specifications”.
Engineer’s comment: Naismith Engineering, Inc. (Craig Thompson), “Naismith Engineering, Inc. (NEI) has reviewed
the referenced preliminary plat map and application for compliance with the City of Port Aransas City Code, especially
Chapter 21-Subdivisions. Based on NEI’s review, the aforementioned documents are in general compliance, with the
following comments:
1. Remove parking lot lines from Lot 3, Block 1 and Lot 1, Block 36. Note as “Parking Areas.”
Urban’s responses in italic:
I have removed notes, the parking lot lines and labeled these two sections as Parking Areas.
2. Lot 1, Block 39 does not have road access. Please clarify.
We have changed the lot configuration for this Block and the adjacent Blocks. Each property now has road access.
3. Provide names for all streets on the plat.
We have added names to all streets that were not labeled.
4. Verify roadway type of Cayo Azule Drive.
It is a Type 9.
5. Verify roadway type of Hemingway Drive.
It is a Type 10.
6. Verify roadway type of Monterrey Drive adjacent to Lots 1-7, Block 31 and Lots 1-5, Block 32.
It is a Type 11.
7. Verify roadway type of Cannes Drive adjacent to Lot 1, Block 35 and Lot 1, Block 39.
It is a Type 6.
8. Montreu Drive is depicted as a Type 21 Roadway and a Type 8 Roadway on the plat. Verify where transition from
Type 21 to Type 8 occurs.
There is no transition. Montreu Drive is entirely a Type 8 Roadway.
9. The southernmost dune walkover is labeled as Type 27 which requires full width of pavement. I would think that the
dune permit would not allow pavement within this area. Please clarify.
We have removed the Type 27 designation and labeled all of the walkovers as Dune Walkovers.
10. Provide lot and block number for area at northern end of Gulfwind Drive.”
This lot is already labeled.
Jim Urban, representative for Newport - the reason we are before you is that preliminary plats have a life span of one
year and this one had expired. It is part of the Planned Unit Development (PUD) but when we did the PUD we went
ahead and did preliminary plats as well on Newport Beach and Golf North and South. I don’t know if anybody is aware
of it but there is an area that has been acquired since they bought the King Ranch tract and it is best depicted on sheet
3. There are actually two tracts of land that circle around the King Ranch land. Jim showed the Commission on the plat
where Access Road - 1 was located and from there where the newly acquired land was located. W e were trying to show
the incorporation of the two tracts (Kingstone Beach and the Armstrong tract) under the original plan there was a road
that accessed in, came up and hit Beach and Golf South but there wasn’t any real development in this area. W hat we have
done is shown the road and the land and if you look at sheet 2, this strip is an add and this land is an add that comes in
there to that. T his is the incorporation of that land into the overall plan. W e looked at only doing a plat on the newly
acquired land, but under the platting ordinance you have to include all of your contiguous property. Beach and Golf
South preliminary plat is being presented as it was two or three years ago with the addition of the newly acquired land.
Naismith reviewed the plat and found several clerical errors that we have corrected, plus we met with them to make sure
that we were fine. After we resubmitted, there were two other errors found. One is on the piece of property that was
purchased and there was not specific language showing that the ROW was dedicated for Access Road 1 in order to make
it full width through both tracts. The other was a piece of property that did not have a lot reference. These two things
have been corrected in the revision that goes to David. For the most part Beach and Golf South is identical to what it was
plus it includes the two newly acquired pieces of land. Kingstone Beach is actually a platted lot but we are bringing it
in as a piece of property off the Armstrong tract. I am here to answer any questions.
The walkovers were discussed as to their width and if they have been approved. The dune permit was approved earlier
this year for all of the golf course with staggered landings on the walkovers.
Jim Urban - I will make one more revision to include the walkover permit.
David Parsons - staff recommends approval with the condition that they update the dune walkovers as shown on the
approved permit.
MOTION:
Bruce Clark made the motion to recommend approval of Preliminary Plat Application #PPLT2007-2,
Newport Beach and Golf South, Port Aransas, Nueces County, Texas, subject to making the
preliminary plat reflect the dune walkovers according to the approved dune permit and meet the W ater
District’s specifications. Request by Texas Golf and Harbor, LTD (Craig Millard). Property location
4000 Block of State Highway 361. Seconded by Linda Zahn and carried with the following vote:
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
-
Yes
Yes
Absent (Late 3:55)
Yes
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
JUNE 21, 2007
ITEM/SUBJECT: Discussion of Dune Permit and Beachfront Construction Certificate #BFDP20076, Tract B, Coral Cay Addition, Port Aransas, Nueces County, Texas. The proposed construction
will consider constructing a dune walkover and lookout deck located directly over the existing foot
path near the east property line. Requested by: Coral Cay Condominiums (Bill Bauder) Property
Location: 1419 S. Eleventh Street
Administration
COMMENTARY: The proposed construction will consider constructing a dune walkover and
lookout deck located directly over the existing foot path near the east property line.
Naismith Engineering reviewed the request for the City and offered several comments in regard to
clerical errors, the number of lookouts, the width of the walkover of 6 foot, the concrete path leading
to the walkover, and the definition of minimization in regards to some of the overlook areas. Urban
Engineering responded to Naismith’s comments by correcting the clerical errors, stating that they
were pointing out two options for a location of the lookout, but there would only be one, the
concrete path is located where no critical dunes exist along it, so no avoidance, minimization, or
mitigation is required, and the overlook areas and walkovers are located above the minimum 1:1
width:height ratio which will pose significantly less adverse effects than the current effects of
pedestrian traffic.
The application was sent to the General Land Office (GLO) for their comments and based on their
review, their comments show that the applicant should consider achieving at a minimum a 1:1 height
to width ratio to abate and encourage sedimentation on the newly constructed walkover, especially
at the seaward end. They also recommend that Option 1 for the 8 foot by 10 foot overlook area be
used so that the overall stability of the dune system may benefit if the reduced potential for revegetation is located more landward than the seaward Option 2 location.
CITY MANAGER
ASSOCIATED INFORMATION: 5/29/07 P&Z Minutes, Application, Engineers comments, GLO
response
BY: CORAL CAY CONDOMINIUMS (BILL BAUDER)
9)
CONSIDER AND TAKE APPROPRIATE ACTION ON BEACHFRONT CONSTRUCTION CERTIFICATE
AND DUNE PERM IT APPLICATION #BFDP2007-6, TRACT B, CORAL CAY ADDITION, PORT
ARANSAS, NUECES COUNTY, TEXAS. THE PROPOSED CONSTRUCTION W ILL CONSIDER
CONSTRUCTING A DUNE W ALKOVER AND LOOKOUT DECK LOCATED DIRECTLY OVER THE
EXISTING FOOT PATH N EAR THE EAST PROPERTY LINE. REQUEST BY CORAL CAY
CONDOMINIUMS (BILL BAUDER) PROPERTY LOCATION 1419 S. ELEVENTH STREET:
The proposed construction will consider constructing a dune walkover and lookout deck located directly over the existing
foot path near the east property line.
Engineer comments, Jay G ardner: “Naismith Engineering, Inc. (NEI) has reviewed the referenced Beachfront
Construction Certificate and Dune Permit for the Coral Cay development for compliance with the City of Port Aransas
city Codes (Chapter 16 Coastal Management Plan).
After NEI’s review of the referenced Certificate and Permit, I offer the following comments and recommendations:
Urban’s response (Italic) to Naismith’s comments: (Orlando Ortiz) “Transmitted herein is the revised permit application
including the revisions recommended by Naismith Engineering, Inc. on Thursday, May 10, 2007.
The 1st “Attachment #8" label, as described by the Coastal M anagement Plan and required by the beachfront
2. Section IV H. Permit and Certificate Application Requirements 1.b.
specifically requires the number of proposed structures. Please clearly indicate the number of proposed structures
in Section 1.b. of the application.
Revised as requested.
3. It would appear from Attachment 2 (second number 2) alone that two “look out” structures are proposed as part of
the walkover construction. No avoidance, minimization, or mitigation as part of impacts to critical dunes is indicated or
discussed in the application as a result of the construction of these structures. In addition, no plans or profiles for either
of these structures are provided.
Attachment #2 clearly denotes Option 1 and Option 2 after the descriptions of each deck. These are alternative
locations for the owners to choose from. It is the intent of the permit to only allow one of these locations to be
constructed.
Avoidance, minimization, and mitigation for all construction considered in this application are already described in
item 1.m. Additionally, avoidance and minimization is not an issue when the walkovers and decks are located above the
minimum 1:1 width:height ratio. Ultimately the only permanent effects from construction would be the supporting piles
of the deck and walkover which pose significantly less adverse effects than the current effects of pedestrian traffic. This
walkover will ultimately help repair the dunes and create positive dune volume and dune vegetation once the dunes
reestablish themselves.
Attachment #2 is a plan view of the proposed walkover and lookout decks. Attachment #3 includes a profile of the
walkover, which will have the same elevations of the adjacent deck. We have included arrows depicting the optional
locations of the proposed decks for clarity. Additionally, both these decks adhere to the 1:1 ratio as proposed.
4. The legal descriptions of the adjoining tracts have been omitted.
The legal descriptions have been reinserted.
5. The Mitigation Procedures should be clearly labeled with an attachment #.
The Mitigation Procedure is already clearly labeled as “Attachment #6.” (Bottom right hand side of the page)
6. In the fourth photo, a thin (less than 2 foot) path is shown to be the currently used pathway to access the beach. Please
provide discussion, including avoidance, minimization, and mitigation regarding the necessity of a six (6) foot wide
walkover. In addition, it appears that an eight (8) foot wide concrete path is proposed to access the walkover. No
discussion of avoidance, minimization, or mitigation is included regarding this sidewalk that may have effects on critical
dunes.
Six foot wide walkovers are commonly used and have now become the standard minimum width to effectively allow two
wheelchairs (min. 30" each) or large items such as ice chests to pass one another. Avoidance, minimization, and
mitigation are again non-issues. The effects to the dunes after constructing a 4' vs. a 6' walkover are identical or may
contain a negligible difference.
The 8' concrete path is actually a 6' concrete path that was miss-labeled. No critical dunes exist along the concrete path
so no avoidance, minimization, or mitigation is required.
7. Critical dunes are not identified on any exhibits.
Critical dunes have now been shown.
Orlando Ortiz of Urban Engineering, representing the client for the Coral Cay walkover - basically the walkover now
is just a pedestrian path and it is eaten up and eroded. Coral Cay has decided to install a wooden walkover six foot wide
and they want to incorporate a resting station look out area. The walkover follows the path of the existing foot path and
we meet all of the General Land Office (GLO) requirements on height and positioning of the walkover. W e have
responded to Naismith’s comments and we never heard anymore from them. David, have you heard anything from
Naismith?
David Parsons - yes, the only question he (Craig Thompson) still had was the difference in his definition of minimization
and that of the GLO’s. Basically, what is minimization in regards to some of the overlook areas. Is minimization not
doing them at all or is it just the area affected by the walkover?
Orlando Ortiz - the minimization is the actual effects to the dunes. W hat you are trying to minimize are the effects to
the dunes with putting in something like this. Ultimately at the end would be the pile size on the dunes and really that
is the only difference with putting it in or without putting it in. One thing that came up in Corpus when we were going
through minimization was that some of us tried to have a lookout deck closer to the ground than what would be
recommended. It starts eating away or not allowing the vegetation to grow because it blocks the sun. But, if you have
a one to one ratio then you are supposed to be able to have the sun come in at a forty-five (45) degree angle and hit the
vegetation at each point, which we have accommodated. Ultimately we are not effecting those dunes below the lookout
area. I think that is what Craig was referencing.
The Commission then discussed the height of the lookout area.
Betsy Churgai - I know this is not the place to address this but I have it written down as a comment for future discussion
or a future item. I would like to see a consent agenda. I went through this sentence by sentence, this will improve the
situation, the dunes will be able to grow, this is a good walkover. It does not have any problems and I would like to see
it pass. Sometimes our agendas are so full, but if we do our homework, this is one of these that just ought to sail through.
Becky Corder - I think it is our job to review these things individually to be sure we can pass these up to City Council
for their consent agenda.
Edward Buskey - I agree, this looks like a net positive.
David Parsons - Coral Cay contacted staff last fall and they wanted to know the possibilities of doing some heavy
equipment work through the dunes to open this up. Because of what was happening, blow sand was filling in and the
dunes were shifting and migrating, so they were getting humps that were hard for some of the elderly people to walk over
and the young kids. So they said, can we flatten this out and come back in here and really do a lot of maintenance? Staff
encouraged them to look at what the Aransas Princess did and let that fill in, in order to take its course and then come
up and over with a walkover. W e are happy that they are going this route instead of a perpetual maintenance that would
keep a big wedge opened up through the dunes.
MOTION:
Bruce Clark made the motion to recommend approval of Beachfront Construction Certificate and
Dune Permit Application #BFDP2007-6, Tract B, Coral Cay Addition, Port Aransas, Nueces County,
Texas, as the revision was presented. Request by Coral Cay Condo (Bill Bauder). Property location
1419 South Eleventh Street. Seconded by Edward Buskey and carried with the following vote:
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
-
Yes
Yes
Absent (Late 3:55)
Yes
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
JUNE 21, 2007
ITEM/SUBJECT: Discussion on Dune Permit and Beachfront Construction Certificate #BFDP20077, Lot 74 (Amenities Area), Beachwalk Unit 2, N.U.D., Volume 59, Page 11, Map records of Nueces
County, Texas. The proposed construction will consider improving and landscaping the surrounding
pool area. Proposed is a 10 foot plus wide strip, which is to be sodded and maintained to prevent
blow sand from accumulating and propagating into the pool area, and expansion of the existing
sprinkler system to incorporate the new vegetation, and other similar items associate with
landscaping needed to improve the overall amenity area. Requested by: Beachwalk Unit 2 HOA c/o
Chuck Borders
Property Location: 283 Keewaydin Lane
Administration
COMMENTARY: The proposed construction will consider improving and landscaping the
surrounding pool area. They propose a 10 foot plus wide strip, which is to be sodded and maintained
to prevent blow sand from accumulating and propagating into the pool area and the expansion of the
existing sprinkler system to incorporate the new vegetation, and other similar items associated with
landscaping needed to improve the overall amenity area. This permit request came about because
the Building Official found that construction had impacted critical dunes. The applicants were trying
to extend the amenities area around the pool and they had encroached about 50' to 60' up into a
critical dune. A portion of it was mitigated in the original dune permit in 1997. In the original
permit, the pool was designed to be as close to the dunes as possible. The dune is shifting, basically
going right through the existing fence. This permit is to fix the impacted dunes and to establish a
10 foot buffer zone between the dune vegetation and the pool fence.
Naismith Engineering reviewed the permit for the City and found some clerical errors which were
explained or corrected by Urban Engineering.
The permit was forwarded to the General Land Office (GLO)
CITY MANAGER
ASSOCIATED INFORMATION: 5/29/07 P&Z Minutes, Application, Engineers comments, GLO
response
BY: BEACHWALK UNIT 2 HOA (CHUCK BORDERS)
10)
CONSIDER AND TAKE APPROPRIATE ACTION ON BEACHFRONT CONSTRUCTION CERTIFICATE
AND DUNE PERMIT APPLICATION #BFDP2007-7, LOT 75 (AMENITIES AREA), BEACHW ALK UNIT
2, N.U.D., VOLUM E 59, PAGE 11, M AP RECORDS OF NUECES COUNTY, TEXAS. THE PROPOSED
CONSTRUCTION W ILL CONSIDER IMPROVING AND LANDSCAPING THE SURROUNDING POOL
AREA. PROPOSED IS A 10' + W IDE STRIP, W HICH IS TO BE SODDED AND MAINTAINED TO
PREVENT BLOW SAND FROM ACCUM ULATING AND PROPAGATING INTO T HE POOL AREA,
AND EXPANSION OF THE EXISTING SPRINKLER SYSTEM TO INCORPORATE THE NEW
VEGETATION, AND OTHER SIMILAR ITEMS ASSOCIATED W ITH LANDSCAPING NEEDED TO
IMPROVE THE OVERALL AM ENITY AREA. REQUEST BY BEACHW ALK UNIT 2 HOA C/O CHUCK
BORDERS. PROPERTY LOCATION 283 KEEW AYDIN LANE:
The proposed construction will consider improving and landscaping the surrounding pool area. Proposed is a 10' + wide
strip, which is to be sodded and maintained to prevent blow sand from accumulating and propagating into the pool area,
and expansion of the existing sprinkler system to incorporate the new vegetation, and other similar items associated with
landscaping needed to improve the overall amenity area.
Construction Certificate and Dune Permit for the Beachwalk development for compliance with the City of Port Aransas
City Codes (Chapter 16 Coastal Management Plan).
After NEI’s review of the referenced Certificate and Permit, I offer the following comments and recommendations:
Urban’s response (Italic) to Naismith’s comments: (Orlando Ortiz) “Transmitted herein is the revised permit
application including the revisions recommended by Naismith Engineering, Inc. on Thursday, May 10, 2007.
2. The Mitigation Procedures attachment language does not reflect what is being proposed in the application form.
Please reconcile and the Mitigation Procedures should be clearly labeled with attachment #.”
The Mitigation Procedures is already clearly labeled as “Attachment #5" (bottom right hand side of the page). A note
has been added to Attachment #2 to clarify the recent mitigation activity.”
David Parsons - Chuck Borders is out of town but this is sort of a City generated issue. The City Building Official, Joe
Lamb, had been out on a building inspection visit to a nearby premises when he noticed what he remembered as
impacted critical dunes being impacted through some construction. He immediately called city staff and we went out with
the original dune permit from this area and sure enough it was critical dunes that had been impacted. W hat they were
doing was trying to extend the amenities area around the pool and they had encroached about fifty (50) to sixty (60) feet
up into a critical dune. A portion of it was a mitigated dune from the 1997 permit. W e are under obligation within our
Coastal Management Plan to notify the GLO on a critical dune violation. W e notified the General Land Office and came
to the agreement that we would like to see the issue rectified through a dune permit. So this is the rectification of those
impacted critical dunes and critical dune vegetation. Basically the permit before you is to fix the areas that they impacted
in the critical dunes plus they want to establish a ten (10) foot maintenance area around the fence of the pool. W hat they
had done in the original permit was to design the pool to be as close to the dunes as possible. The dune is shifting,
basically going right through the existing fence. Therefore they need a buffer zone in order to maintain an area between
the dune and the fence line. The permit is to fix the impacted dunes and to establish a buffer zone between the dune
vegetation and the pool fence.
Edward Buskey - so there is a mitigation area for this, where they have already moved that which was going through their
fence.
Bruce Clark - it looks like they have already moved that and I guess that is part of the violation. My question is this area
here, are they going to let the natural grass grow back or what are they going to put in there?
David Parsons - in the original permit it does not give a dimension between the critical dune vegetation and the pool
fence. You have to look at it on paper and say it looks to be like there is some space between there, what they want to
establish is the space distance. W e are not saying that the old critical vegetation came exactly to the fence line, which
is probably not the case. There was probably supposed to be some buffer in there because there is no way you could do
it otherwise. This permit is to establish a buffer. Potentially there is not really a mitigated area if we say there should be
a buffer between the fence.
Edward Buskey - basically they have already moved the dune that had moved in there.
David Parsons - they did not move the dune, what they really did was wipe out the dune vegetation which was the
infraction.
Hugh Lancaster - is their plan to take over part of the dune and sod it?
David Parsons - they were attempting to do a huge area that way.
Hugh Lancaster - can you do that?
David Parsons - no.
Bruce Clark - can they do a small area that way?
David Parsons - that is what they are attempting to do.
Orlando Ortiz - maybe I can help clear up a couple of the issues. W e were kind of hired by Chuck to help them with all
of the technical issues and help them present the dune permit. I can provide some background to it. Basically what he
did and what has happened is, I think, they used some kind of bulldozer to push the dune back about a ten foot area. It
kind of shrinks in certain areas and that in essence, I guess, is their mitigation. They have effected it but that same effect
has been, I guess, mitigated seaward right at the edge of their grass zone. The grass zone is actually limited to their lot
line which is, I think, about six feet behind the fence in the closest part and a little bit up to ten feet around the rest of
the fence. It will come around ten and then shrink down to about six then come around ten again but they are limited to
their back property line. In essence the mitigation is right on top of their effected dunes and that is where the mitigation
would end up. But without further effecting the dunes than they already are that’s really the best way to leave it because
vegetation has already started to re-vegetate those impacts.
Bruce Clark - is the re-vegetation going to be sodded and sprinkled or is it going to be natural?
Orlando Ortiz - I think the limits of their sod is ten feet outside of the fence.
Bruce Clark - what are staff’s thoughts?
David Parsons - staff’s issue, where is the critical dune line next to the pool? W hen you look at the original permit it
shows a big fat line going on the pool and it’s hard to say that is exactly two feet, or its exactly five feet. W e can’t say
exactly where it is. W e knew they had impacted the dunes because they extended fifty to sixty feet into the dune area,
that part was easy. W hat they want to do is to establish with the city, where is the critical dune line adjacent to the pool
area? They want a ten foot buffer and we had no hard evidence that says the critical dune was right up against the pool.
W e knew that things were shifting towards the pool and moving that way. Staff is okay with ten feet.
After further discussion of the same Bruce Clark made a motion.
MOTION:
Bruce Clark made the motion to recommend approval of Beachfront Construction Certificate and
Dune Permit Application #BFDP2007-7, Lot 75 (amenities area) Beachwalk Unit 2 N.U.D. , Port
Aransas, Nueces County, Texas as the revision was presented. Request by Beachwalk Unit 2 HOA
(Chuck Borders). Property location 283 Keewaydin Lane. Seconded by Betsy Churgai and carried
with the following vote:
Linda Zahn
Betsy Churgai
Nick Lorette
Edward Buskey
-
Yes
Yes
Yes
Yes
Glenda Balentine
Bruce Clark
Hugh Lancaster
Becky Corder
-
Absent (Alternate)
Yes
Yes
Yes (Chairwoman)
STATE OF TEXAS
PUBLIC HEARING AND REGULAR
COUNTY OF NUECES
THURSDAY, MAY 17, 2007
CITY HALL - 5:00 P.M.
The City Council of the City of Port Aransas met in Public Hearing and Regular City Council
Meeting on May 17, 2007 at 5:00 p.m. at their regular meeting place, City Hall, 710 West Avenue
A with the following members present, to wit:
Claude Brown
Beverly Charles
Keith McMullin
James Polewchak
John (Bubba) Jensen
Rick Pratt
Michael Hall
Mayor
Council Member, Place #1
Council Member, Place #4 (Mayor ProTem)
Claude Brown
Keith Donley
Keith McMullin
Charles Bujan
John (Bubba) Jensen
Rick Pratt
Michael Hall
Mayor
Council Member, Place #4 (Mayor ProTem)
Michael Kovacs, City Manager
Michael Morris, City Attorney
Judy Lyle, Finance Director
1.
CALL TO ORDER:
2.
PLEDGE AND PRAYER:
3.
CANVASSING OF VOTES AND ADOPTION OF ELECTION RESULTS:
A.
A RESOLUTION DECLARING RESULTS OF CITY OFFICERS ELECTION
HELD ON MAY 12, 2007: A Resolution was passed canvassing and declaring the
results of the City General election which was held May 12th. The Mayor read the
results of :
Page 1 of 23 - 05-17-07
Place #1, Beverly Charles - 148,
Keith Donley - 267
Place #3, Charles Bujan - 343
Place #5, Rick Pratt - 355
B.
A RESOLUTION DECLARING RESULTS OF THE CHARTER
AMENDMENT ELECTION HELD MAY 12, 2007, IN THE CITY OF PORT
ARANSAS FOR THE PURPOSE OF SUBMITTING AMENDMENTS TO
THE PORT ARANSAS CITY CHARGER: A Resolution was passed canvassing
and declaring the results of the City Charter Election held May 12, 2007.
Proposition #1
Yes - 269
Proposition #2
Yes - 307
Proposition #3
Yes - 291
Proposition #4
Yes - 263
Proposition #5
Yes - 266
Proposition #6
Yes - 379
Proposition #7
Yes - 264
Proposition #8
Yes - 398
Proposition #9
Yes - 240
Proposition #10
Yes - 239
Proposition #11
Yes - 252
Proposition #12
Yes - 325
Proposition #13
Yes - 347
No - 180
No - 140
No - 152
No - 175
No - 166
No - 62
No - 180
No - 47
No - 206
No - 194
No - 172
No - 112
No - 86
Proposition #14
Yes - 389
Proposition #15
Yes - 383
Proposition #16
Yes - 333
Proposition #17
Yes - 283
Proposition #18
Yes - 320
Proposition #19
Yes - 317
Proposition #20
Yes - 224
Proposition #21
Yes - 317
Proposition #22
Yes - 175
Proposition #23
Yes - 136
Proposition #24
Yes - 195
Proposition #25
Yes - 240
Proposition #26
Yes - 352
Proposition #27
Yes - 357
No - 42
No - 45
No - 94
No - 144
No - 109
No - 107
No 203
No - 107
No - 266
No - 315
No - 245
No - 181
No - 74
No - 77
MOTION: Councilman Pratt moved to approve the results of the City Officers
Election and the Port Aransas Charter Amendment Election held May 12, 2007.
Page 2 of 23 - 05-17-07
Motion was seconded by Councilman Jensen and carried with the following vote:
Mayor Brown
Councilman McMullin
Councilwoman Charles
Councilman Polewchak
Councilman Jensen
Councilman Pratt
Councilman Hall
Yes
Yes
Yes
Yes
Yes
Yes
Yes
4.
SWEARING IN OF NEWLY ELECTED CITY COUNCIL MEMBERS: Municipal
Court Judge Duncan Neblett swore in the May 12th elected Council Members, Keith Donley,
Charles Bujan and Rick Pratt.
5.
PROCLAMATIONS DECLARING HURRICANE AWARENESS WEEK AND
NATIONAL TOURISM WEEK: Mayor Brown read a Proclamation declaring Hurricane
Awareness Week for May 20 - 26, 2007. The greatest single natural threat to Texas is a
Category Five hurricane. This year, as in years past, the City of Port Aransas has joined
along with the Governor’s Division of Emergency Management and the National Weather
Service to suggest that all residents and visitors to this area be made aware of the potential
dangers of these storms.
Another Proclamation was also read declaring May 12th through May 20th as National
Tourism Week in Port Aransas.
6.
OPEN PUBLIC HEARING:
A.
DISCUSSION ON SPECIAL USE PERMIT APPLICATION #SUP2007-2,
MUSTANG ISLAND (MISLS), LOTS 5 AND 6, BLOCK 73, PORT ARANSAS,
NUECES COUNTY, TEXAS. PROPERTY IS CURRENTLY ZONED
RESIDENTIAL-2, SPECIAL USE IS FOR TOURIST/RECREATIONAL-1,
MULTIFAMILY USE.
REQUESTED BY: DOUG FRANK
(REPRESENTATIVE, TOM CULP). PROPERTY LOCATION: 230 W.
AVENUE A: The current zoning for this property is Residential-2 and if approved,
it would allow Tourist/Recreational-1 use. Thirty six letters were sent to the
surrounding property owners within 200 feet of the requested change. Written
protests were filed by owners of 20.64% of the land covered by the proposed change,
so a favorable vote of at least 3/4 of all members of Council must be met for the
passage of this request.
Naismith Engineering reviewed the application for the City and found the documents
were in general compliance with the City Code. The R-2 zoning on this property
now would allow about 22 units to be built in a combination of duplexes, triplexes
Page 3 of 23 - 05-17-07
and fourplexes. The applicant was proposing to build one less unit they could under
the current rules but were requesting the TR-1 designation because of short term
rentals. The plan they presented showed they wanted 21 dwelling units instead of the
22 that are allowed and have 10' side yard set backs instead of the 5' that are required.
Surrounding property owners expressed concerns about dumpster locations, pool
location, landscaping, drainage, and fencing, as well as the use of several streets that
lead into the property.
The Planning and Zoning Commission recommended approval of this Special Use
Permit with the following conditions: density be limited to 21 units; side yard set
backs be at least 10 feet; dumpsters be on property; pool to be in the center of the
property; require some type of landscaping; drainage to comply with the City Master
Drainage Plan; privacy fencing and conform to the layout presented in the packet.
Vonnie Tanner, 240 W. Roberts, listed six concerns if town homes were built on the
property: (1) no gate, just speed bump; (2) drainage; (3) the over powering of her
home with so many town homes; (4) ground contaminates that might have seeped
into the ground from boat repairs; (5) the working trucks using the road in front of
her home destroying the road; (6) the placement of the dumpster for the town homes,
the lighting, and placement of the swimming pool.
B.
DISCUSSION ON FINAL REPLAT #FRP2007-8, ARANSAS HOLDING
COMPANY SECTION C, BLOCK 64, LOTS 21 AND 22, CITY OF PORT
ARANSAS, NUECES COUNTY, TEXAS. BEING A REPLAT OF LOTS 11
THROUGH 17, BLOCK 63, LOTS 11 THROUGH 20, BLOCK 64, ARANSAS
HOLDING COMPANY SECTION C, A MAP OF WHICH IS RECORDED IN
VOLUME 5, PAGES 34-35, MAP RECORDS OF NUECES COUNTY, TEXAS,
AND A PORTION OF AVENUE D CLOSED BY ORDINANCE NO. 2006-17.
REQUEST BY THOM FERRELL, TRUSTEE AND PAUL & KATHY
HANCOCK. PROPERTY LOCATION: 400 BLOCK OF TENTH STREET:
The applicants were incorporating the half of Avenue D that abuts their property,
which was closed by Ordinance 2006-17. When the street closure was passed, one
of the conditions was to replat the property and grant an easement to the Water
District, which was done.
Naismith Engineering reviewed the final plat map and application for the City and
found it to be in compliance with the exception of the identity of a double line on the
plat. The second line was removed by Urban Engineering due to no need for it.
The Water District and CenturyTel approved with no other comment. The City’s Gas
Division approved subject to granting 5' easement for existing gas line. AEP did not
respond.
Page 4 of 23 - 05-17-07
The Planning and Zoning Commission recommended approval of this request with
the condition that there be a five foot easement for the gas line.
No comments received.
C.
DISCUSSION ON PRELIMINARY PLAT REQUEST #PPLT2007-1,
CINNAMON SHORE, N.U.D., PORT ARANSAS, NUECES COUNTY,
TEXAS. 59.361 ACRES OF LAND BEING ALL OF LOTS 9, 10, 11, AND 12,
BLOCK 1, MUSTANG ISLAND, SECTION 3, VOLUME 39, PAGES 78-79,
MAP RECORDS OF NUECES COUNTY, TEXAS. REQUESTED BY ISLA
OASIS, L.P. PROPERTY LOCATION: 4900 BLOCK OF STATE HIGHWAY
361 (ADJACENT TO EL CORTES VILLAS, SOUTH): CenturyTel and the
City’s Gas Division approved with no comment, the Water District approved subject
to water and sewer being extended and service provided to each lot per District’s
specifications prior to recording the final plat, and AEP did not respond.
Naismith Engineering reviewed the Preliminary Plat for the City and found it
complied with City Code with the exception that some notes be corrected to
correspond to areas only within the platted property, questions on Note 7 pertaining
to shared access to SH 361, the use of Lot 6, Block 9 as unbuildable, and the park
area did not have access to anything larger than a 24 foot R.O.W. Urban
Engineering, representing the applicants, corrected the concerns on the notes,
explained that Lot 6 was an unbuildable lot and was to be used as a greenbelt area
and maintained by the homeowner’s association and had been noted on the plat and
the park would be a small neighborhood park which they felt there would not be any
problems associated with the adjacent right-of-way widths. Naismith approved of
Urban’s responses.
The Planning and Zoning Commission recommended approval of this request subject
to including the utility comments.
No comments received.
D.
DISCUSSION ON FINAL PLAT REQUEST #FPLT2007-1, PARADISE
POINTE, N.U.D., PORT ARANSAS, NUECES COUNTY, TEXAS. BEING
21.095 ACRES OF LAND, BEING ALL OF LOTS 3, 4, 7, AND 8, BLOCK 87,
LOTS 3 AND 8, BLOCK 98, LOTS 3, 4, 5, 6, 7, AND 8, BLOCK 118, LOTS 1,
2, 9, AND 10, BLOCK 119, LOTS 1 AND 2, BLOCK 130, AND LOTS 3, 4 AND
5, BLOCK 131, STATE LAND SURVEYS ON MUSTANG ISLAND, NUECES
COUNTY, TEXAS, RECORDED IN THE GENERAL LAND OFFICE OF
THE STATE OF TEXAS IN AUSTIN, TEXAS. REQUESTED BY: VISION
LAND GROUP, RANDALL MORRIS, PRESIDENT.
PROPERTY
LOCATION: 2300 BLOCK OF STATE HIGHWAY 361: The Preliminary Plat
Page 5 of 23 - 05-17-07
for Paradise Pointe, N.U.D. was approved by Council at the February 15, 2007
meeting. They were requesting a Final Plat for the property.
CenturyTel and the City Gas Division approved with no comment and the Water
District approved subject to water and wastewater be provided to each lot per
District’s specifications prior to final plat filing.
Naismith Engineering reviewed the Final Plat Request for the City and found that the
documents were in general compliance with City Code.
This plat was similar to the Preliminary Plat except for some wet land delineation
issues on Lot 37 which directed they stay out of the wet lands.
The Planning and Zoning Commission recommended approval of this request.
David Cibulka, 1915 Pullen, spoke to Council about Paradise Point infringing upon
the wetlands and it’s eventual destruction. Mayor Brown assured Mr. Cibulka there
was wording in the final plat that they stay out of the wetlands.
7.
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.
Noyes Livingston, 629 Sandollar Circle, asked Council’s consideration for his appointment as a
regular member to the Board of Adjustments and Appeals.
Kathy Reynolds, 427 Bayside Drive, representing the Garden Club, asked for permission to
landscape the Community Center. She said it was a coordinated effort between the Historical
Association and others, with the Garden Club. She said they had allocated $25,000 to get started and
were hoping they could make the Community Center attractive to serve as an entry to the old town
area that everyone would be proud of. She concluded with they would be more than happy to accept
more contributions in labor, equipment and money to complete the project.
8.
APPROVAL OF MINUTES FROM: Councilman McMullin moved to approve the
minutes of April 19, 2007. Motion was seconded by Councilman Pratt and carried with the
following vote:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Page 6 of 23 - 05-17-07
Yes
Abstained
Yes
Yes
Councilman Jensen
Councilman Pratt
Councilman Hall
9.
Yes
Yes
Yes
FINANCIAL REPORT: Judy Lyle, the Finance Director, updated Council on the
expenditures in the report and then stated building permit revenues were on the upswing, the
Library was over a little bit from last year but the Library Director was buying more books,
and building repairs were up. Revenues continued to look good, up over last year with the
exception of services; sales taxes were up, hotel/motel was up.
MOTION: Councilman McMullin moved to approve the April Financial Statement. Motion
was seconded by Councilman Jensen and carried with the following vote:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
10.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
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.
Mayor Brown stated Agenda Items 10 G and 10 J were deleted from the Consent Agenda.
He stated Agenda Item 10 E had been approved by the Water District.
A.
CONSIDER AND TAKE APPROPRIATE ACTION ON FINAL REPLAT
#FRP2007-8, ARANSAS HOLDING COMPANY SECTION C, BLOCK 64,
LOTS 21 AND 22, CITY OF PORT ARANSAS, NUECES COUNTY, TEXAS.
BEING A REPLAT OF LOTS 11 THROUGH 17, BLOCK 63, LOTS 11
THROUGH 20, BLOCK 64, ARANSAS HOLDING COMPANY SECTION C,
A MAP OF WHICH IS RECORDED IN VOLUME 5, PAGES 34-35, MAP
RECORDS OF NUECES COUNTY, TEXAS, AND A PORTION OF AVENUE
D CLOSED BY ORDINANCE NO. 2006-17. REQUEST BY THOM
FERRELL, TRUSTEE AND PAUL & KATHY HANCOCK. PROPERTY
LOCATION: 400 BLOCK OF TENTH STREET: As it was stated in the Public
Hearing portion of this meeting, the applicants were incorporating the half of Avenue
D that abuts their property, which was closed by Ordinance 2006-17. When the
Page 7 of 23 - 05-17-07
street closure was passed, one of the conditions was to replat the property and grant
an easement to the Water District, which was done.
Naismith Engineering reviewed the final plat map and application for the City and
found it to be in compliance with the exception of the identity of a double line on the
plat. The second line was removed by Urban Engineering due to no need for it.
The Water District and CenturyTel approved with no other comment. The City’s Gas
Division approved subject to granting 5' easement for existing gas line. AEP did not
respond.
The Planning and Zoning Commission recommended approval of this request with
the condition that there be a five foot easement for the gas line.
B.
CONSIDER AND TAKE APPROPRIATE ACTION ON PRELIMINARY
PLAT REQUEST #PPLT2007-1, CINNAMON SHORE, N.U.D., PORT
ARANSAS, NUECES COUNTY, TEXAS. 59.361 ACRES OF LAND BEING
ALL OF LOTS 9, 10, 11, AND 12, BLOCK 1, MUSTANG ISLAND, SECTION
3, VOLUME 39, PAGES 78-79, MAP RECORDS OF NUECES COUNTY,
TEXAS. REQUESTED BY ISLA OASIS, L.P. PROPERTY LOCATION:
4900 BLOCK OF STATE HIGHWAY 361 (ADJACENT TO EL CORTES
VILLAS, SOUTH): As it was stated in the Public Hearing portion of this meeting,
CenturyTel and the City’s Gas Division approved with no comment, the Water
District approved subject to water and sewer being extended and service provided to
each lot per District’s specifications prior to recording the final plat, and AEP did not
respond.
Naismith Engineering reviewed the Preliminary Plat for the City and found that it
complied with City Code with the exception that some notes be corrected to
correspond to areas only within the platted property, questions on Note 7 pertaining
to shared access to SH 361, the use of Lot 6, Block 9 as unbuildable, and the park
area did not have access to anything larger than a 24 foot R.O.W. Urban
Engineering, representing the applicants, corrected the concerns on the notes,
explained that Lot 6 was an unbuildable lot and was to be used as a greenbelt area
and maintained by the homeowner’s association that was noted on the plat, and the
park would be a small neighborhood park which they felt there would not be any
problems associated with the adjacent right-of-way widths. Naismith approved of
Urban’s responses.
The Planning and Zoning Commission recommended approval of this request subject
to including the utility comments.
C.
CONSIDER AND TAKE APPROPRIATE ACTION ON FINAL PLAT
Page 8 of 23 - 05-17-07
REQUEST #FPLT2007-1, PARADISE POINTE, N.U.D., PORT ARANSAS,
NUECES COUNTY, TEXAS. BEING 21.095 ACRES OF LAND, BEING ALL
OF LOTS 3, 4, 7, AND 8, BLOCK 87, LOTS 3 AND 8, BLOCK 98, LOTS 3, 4,
5, 6, 7, AND 8, BLOCK 118, LOTS 1, 2, 9, AND 10, BLOCK 119, LOTS 1 AND
2, BLOCK 130, AND LOTS 3, 4 AND 5, BLOCK 131, STATE LAND
SURVEYS ON MUSTANG ISLAND, NUECES COUNTY, TEXAS,
RECORDED IN THE GENERAL LAND OFFICE OF THE STATE OF
TEXAS IN AUSTIN, TEXAS. REQUESTED BY: VISION LAND GROUP,
RANDALL MORRIS, PRESIDENT. PROPERTY LOCATION: 2300 BLOCK
OF STATE HIGHWAY 361: As it was stated in the Public Hearing portion of this
meeting, the Preliminary Plat for Paradise Pointe, N.U.D. was approved by Council
at the February 15, 2007 meeting. They were now requesting a Final Plat for the
property.
CenturyTel and the City Gas Division approved with no comment and the Water
District approved subject to water and wastewater be provided to each lot per
District’s specifications prior to final plat filing.
Naismith Engineering reviewed the Final Plat Request for the City and found that the
documents were in general compliance with City Code.
This plat was similar to the Preliminary Plat except for some wet land delineation
issues on Lot 37 which directed they stay out of the wet lands.
D.
THIRD READING OF AN ORDINANCE CHANGING THE ZONING OF,
MUSTANG ISLAND, LOT 1, 2, 3, BLOCK 1, PORT ARANSAS, NUECES
COUNTY, TEXAS, 1100 S. ELEVENTH STREET, FROM RESIDENTIAL-1
TO RESIDENTIAL-2: This ordinance passed the first and second readings and was
presented for the third and final reading. The applicant was requesting to change the
zoning of this property from R-1 to R-2.
The Zoning Change Request was reviewed by Urban Engineering and they had no
objections. The Planning and Zoning Commission noted this lot showed it to be R-2
in our future Land Use Plan. Staff Representative, David Parsons recommended
approval.
E.
THIRD READING OF AN ORDINANCE CLOSING AVENUE H FROM
STATE HIGHWAY 361 TO STEAMER STREET, EIGHTH STREET AT
ARANSAS HOLDING COMPANY SUBDIVISION C, LOT 16, BLOCK 34, TO
Page 9 of 23 - 05-17-07
AVENUE I AND THE ALLEY RUNNING THROUGH BLOCKS 33 AND 34
IN ARANSAS HOLDING COMPANY SUBDIVISION C, PROVIDING A
SAVINGS CLAUSE, SEVERABILITY CLAUSE AND EFFECTIVE DATE:
This ordinance passed the first and second readings and was presented for the third
reading. The applicant was requesting to close the above street and alleys within his
property. Staff researched to make sure there weren’t any downstream property
owners that were going to be blocked off or lose access and none were found. The
applicant owns all of the contiguous blocks within the proposed closure.
The utility companies were contacted for their comments, with CenturyTel approving
with no comment and AEP not responding. The Water District approved with the
comment that the District has a public sewer line in the North section of 8th Street and
has plans to relocate a public water line, as required by TxDOT, from SH 361
through the East section of Avenue H, then through the North section of 8th Street.
Approval would require an easement or utility Right-Of-Way (ROW) of sufficient
size for these lines. The City’s Gas Division approved with the comment the
applicant shall be required to submit a survey of the property that exhibited property
lines in relationship to a gas regulator station on the property.
Urban Engineering reviewed the request for the City and found that the abandonment
of these particular streets would not particularly deny anyone’s access but that of the
applicant and the closure of these ROWs would not adversely affect the community.
Even though Avenue H could possibly prove to be useful as a drainage network, the
Storm Drainage Master Plan did not exhibit the need to utilize this area.
F.
SECOND READING OF AN ORDINANCE CHANGING THE ZONING OF
SANDPIPER VILLAS, LOTS 1, 2, 3, BLOCK 1 AND SANDPIPER VILLAS,
LOTS 1, 2, 3, BLOCK 2, (600 BLOCK OF SEA BREEZE LANE) ALL IN
PORT ARANSAS, NUECES COUNTY, TEXAS FROM RESIDENTIAL-1 TO
RESIDENTIAL-2: This ordinance passed the first reading at the April 19th City
Council Meeting. The applicant was requesting this property be rezoned to
Residential-2. Thirty-two (32) letters were sent to property owners within 200 feet
of the requested change. As of this meeting, there were nine (9) responses, eight (8)
in opposition and one (1) in favor of the change. Since more than 20% of the area
of land covered by the proposed change were in opposition, in order for the change
to become effective, a super majority favorable vote by the Council was necessary.
This request was presented to Council in December 2006, but did not have the super
majority vote needed for approval.
Urban Engineering reviewed the request for the City and had no objections, but
suggested that it be verified that it is consistent with the proposed Land Use Plan.
Page 10 of 23 - 05-17-07
David Parsons said it had the low density R-2 classification that is envisioned.
G.
SAFE ROUTES TO SCHOOL (SRTS) PROGRAMS ENABLE AND
ENCOURAGE CHILDREN, INCLUDING THOSE WITH DISABILITIES, TO
WALK AND BICYCLE TO SCHOOL. THE PROGRAMS MAKE WALKING
AND BIKING TO SCHOOL SAFE AND MORE APPEALING.
COMMUNITIES WILL BE ABLE TO USE THE FUNDS TO ADDRESS
HAZARDS AND TRAFFIC ON ROADS THAT SERVE SCHOOLS, AS WELL
AS BUILDING PATHWAYS, BIKE LANES AND SIDEWALKS NEAR
SCHOOLS. NO MATCH IS REQUIRED. STAFF IS WORKING WITH THE
ADOPTED BICYCLE/PEDESTRIAN MOBILITY PLAN TO ESTABLISH A
PROJECT: Safe Routes to School (SRTS) programs would enable and encourage
children, including those with disabilities, to walk and bicycle to school. The
programs would make walking and biking to school safe and more appealing.
Communities would be able to use the funds to address hazards and traffic on roads
that serve schools, as well as build pathways, bike lanes and sidewalks near schools.
No match was required. Staff is working with the adopted Bicycle/Pedestrian
Mobility Plan to establish a project. (This item was deleted from the agenda. The
City chose not to pursue it.)
H.
A RESOLUTION SUPPORTING NATIONAL MISSING CHILDREN’S DAY
MAY 25, 2007: The National Center for Missing and Exploited Children was
encouraging the City to set aside May 25, 2007 as Missing Children’s Day as part of
the City’s continuing efforts to prevent the abduction and sexual exploitation of
children.
I.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND NUECES
COUNTY TO PROVIDE LIFEGUARDS AT THE I.B. MAGEE COUNTY
PARK: The City provided lifeguards at the I..B. Magee County Park last year.
Since the City already has lifeguards for our beaches, under Gary Mysorski’s
supervision, it was only reasonable the City provide lifeguards for the County portion
of the beach also. Attached was the Interlocal Agreement and a proposed financial
summary.
J.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
STATE BEACH MAINTENANCE FUNDS AND ACT FOR THE CITY IN
THIS PROGRAM: This is an annual program that the City applies for from the
Texas General Land office to aid in the cost of beach maintenance. A copy of the
application was attached. (This resolution was deleted from the agenda. The
necessary equipment schedule was not ready.)
Page 11 of 23 - 05-17-07
Consent Motion: At this point the City Council will vote on all items not removed for
individual consideration.
MOTION: Councilman Jensen moved to approve Consent Agenda Items 10 A, B, C, D, E,
F, H, and I. Motion was seconded by Councilman Hall and carried with the following vote:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
Yes
Yes
Yes
Yes
Yes
Yes
Yes
ORDINANCE NO. 2007 - 11
AN ORDINANCE CHANGING THE ZONING OF MUSTANG
ISLAND LOTS 1, 2, 3, BLOCK 1, PORT ARANSAS, NUECES
COUNTY, TEXAS, 1100 S. ELEVENTH STREET, FROM
RESIDENTIAL-1 TO RESIDENTIAL-2
ORDINANCE NO. 2007 - 12
AN ORDINANCE CLOSING AVENUE H FROM STATE
HIGHWAY 361 TO STEAMER STREET, EIGHTH STREET
AT ARANSAS HOLDING COMPANY SUBDIVISION C, LOT
16, BLOCK 34, TO AVENUE I AND THE ALLEY RUNNING
THROUGH BLOCKS 33 AND 34 IN ARANSAS HOLDING
COMPANY SUBDIVISION C, PROVIDING A SAVINGS
CLAUSE, SEVERABILITY CLAUSE AND EFFECTIVE DATE
ORDINANCE NO. 2007 - ____
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
UNDER THE ZONING REGULATIONS FOR THE
PROPERTY DESCRIBED AS MUSTANG ISLAND STATE
LAND SURVEY (MISLS), LOTS 5 AND 6, BLOCK 73, PORT
ARANSAS, NUECES COUNTY, TEXAS (THE “PROPERTY”),
TO BE USED FOR MULTIFAMILY CONDOMINIUMS WITH
SHORT TERM TRANSIENT RENTALS, A USE NOT
ALLOWED GENERALLY IN THE R-2 ZONE WHERE THE
PROPERTY IS LOCATED
Page 12 of 23 - 05-17-07
RESOLUTION NO. 2007 - 17
A RESOLUTION SUPPORTING NATIONAL MISSING
CHILDREN’S DAY MAY 25, 2007
RESOLUTION NO. 2007 - 18
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN
THE CITY AND NUECES COUNTY TO PROVIDE
LIFEGUARDS AT THE I.B. MAGEE COUNTY PARK
11.
REGULAR BUSINESS:
A.
APPOINT MEMBERS TO THE BOARD OF ADJUSTMENTS AND
APPEALS: The terms of Billy Gaskins, Gordon Wise and Wendy Clark were
expiring and a resignation letter from Janetta Davis had been received, therefore, an
unexpired term must be filled. An advertisement was placed and applications were
received from Wendy Clark, Jim Freeman, Billy Gaskins, Arnold Govella, S. T.
“Pete” Hartje, Theta Kenney, Noyes Livingston, and Gordon Wise.
This is a board of (5) members and an alternate who shall be qualified voters of and
own real property within the city to hear and determine appeals from the refusal of
building permits or from administrative decisions by the city building official.
Members of the board shall be appointed for two (2) year terms with two (2)
members and one (1) alternate's terms expiring in even numbered years and three (3)
members and one (1) alternate's terms expiring in odd numbered years. Members of
the board shall elect a chairman from their membership and shall meet at the call of
the chairman within thirty (30) days of receipt of written notice from anyone
aggrieved as a result of the refusal of a building permit or administrative decision by
the city building official. All cases to be heard by the board will be heard by five (5)
members and/or alternate member. Rules and regulations shall be prescribed for the
functioning of the board consistent with the laws of the State of Texas and the
building codes of the City of Port Aransas.
First vote of Council was:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Page 13 of 23 - 05-17-07
Member
Gaskins, Clark, Wise
Gaskins, Livingston, Clark
Gaskins, Clark, Wise
Clark, Gaskins, Wise
Alternate
Livingston
Wise
Livingston
Freeman
Freeman
Livingston
Councilman Hall
Gaskins, Wise, Clark
Freeman
Second vote of Council for Alternate was:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
Livingston
Livingston
Livingston
Livingston
Livingston
Livingston
Freeman
Billy Gaskins, Wendy Clark, and Gordon Wise were appointed as board members
and Noyes Livingston as Alternate.
B.
APPOINT MEMBERS TO THE PARKS AND RECREATION BOARD: The
terms of Sharon Grumbles, Scott Holt and John Fucik were expiring. An
advertisement was placed for applicants for these positions and applications from
John Fucik, Dianne Govella, Lyndon Holcomb, and Scott Holt were received.
This board consists of five members (5) members who shall be qualified voters of the
city to work in an advisory capacity to the City Council in the planning and
development of parks and recreation facilities and regulations governing their use.
Members of the board shall be appointed for two-year terms with two (2) members'
terms expiring in even numbered years and three (3) members' terms expiring in odd
numbered years. Members of the board shall elect a chairman from their membership
and shall meet at the call of the chairman or at the request of the City Council.
Council vote was:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
Member
Holt, Fucik
Holt, Fucik
Holt, Fucik
Holt, Fucik
Holt, Fucik
Holt, Fucik
Holt, Fucik
Alternate
Holcomb
Holcomb
Holcomb
Holcomb
Holcomb
Holcomb
Holcomb
Scott Holt and John Fucik were appointed board members and Lyndon Holcomb,
alternate.
C.
FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE
PERMIT UNDER THE ZONING REGULATIONS FOR THE PROPERTY
Page 14 of 23 - 05-17-07
DESCRIBED AS MUSTANG ISLAND STATE LAND SURVEY (MISLS),
LOTS 5 AND 6, BLOCK 73, PORT ARANSAS, NUECES COUNTY, TEXAS
(THE “PROPERTY”), TO BE USED FOR MULTIFAMILY CONDOMINIUM
WITH SHORT TERM TRANSIENT RENTALS, A USE NOT ALLOWED
GENERALLY IN THE R-2 ZONE WHERE THE PROPERTY IS LOCATED:
As it was stated in the Public Hearing portion of this meeting, the current zoning for
this property is Residential-2 and if this request is approved, it would allow
Tourist/Recreational-1 use. Thirty six letters were sent to the surrounding property
owners within 200 feet of the requested change. Written protests were filed by
owners of 20.64% of the land covered by the proposed change, so a favorable vote
of at least 3/4 of all members of Council must be met for the passage of this request.
Naismith Engineering reviewed the application for the City and found that the
documents were in general compliance with the City Code. The R-2 zoning that is
on this property now about 22 units could be built in a combination of duplexes,
triplexes and fourplexes. The applicant was proposing to build one less unit that they
could under the current rules but were requesting the TR-1 designation because of
short term rentals. The plan they presented showed they wanted 21 dwelling units
instead of the 22 that could be allowed and have 10' side yard set backs instead of the
5' that is required. Surrounding property owners expressed concerns about dumpster
locations, pool location, landscaping, drainage, and fencing, as well as the use of
several streets that lead into the property.
The Planning and Zoning Commission recommended approval of this Special Use
Permit with the following conditions: density be limited to 21 units; side yard set
backs be at least 10 feet; dumpsters be on property; pool be in the center of the
property; require some type of landscaping; drainage to comply with the City Master
Drainage Plan; privacy fencing conform to the layout presented in the packet.
David Parsons said for single family units with 5,000 sq. ft. lots in a R-2
configuration they would extend portions of Roberts and Farley, do a cul-de-sac and
get roughly 12 single family structures. Under R-2 in a single family residential unit
you could do short term rentals. Triplexes or fourplexes do not qualify for short term
rental but could for 30 day minimum rental.
To continue short term rental, the configuration would have to be changed to
approximately 18 units by adding 2,000 sq. ft. to each single family residential lot to
7,000 sq. ft. per lot for duplexes.
Maximum density of a combination of three plexes and fourplexes, strictly for 30 day
rental, approximately 22 units could be built accessing through Farley and Roberts.
In a true TR-1 configuration approximately 18 units per acre could be built with one
Page 15 of 23 - 05-17-07
unit on top of another one, ending up with approximately 36 units. The applicant
was asking to allow TR-1 use on this particular parcel but he was agreeing to a
limited density of 21 units. David said Council could put conditions on a special use
permit.
David then explain the Land Use Plan did indicate this parcel had a higher use. They
have listed it as mixed use residential. The only draw back was defining mixed use
residential. There was a 20.64% negative protest so a super majority, six out of
seven Council votes, was needed..
He explained special conditions imposed were no gates at Roberts and Farley, no
dumpsters on the exterior of the property, the side yard set backs would be five feet,
(P&Z had recommended a minimum of 10 feet set back), the pool in the interior of
the property, landscape buffer along the entire perimeter, and fencing not yet decided.
That would be based on the condition of the density shown and the drainage to meet
the Master Drainage Plan. The drainage topic discussed was possibly going down
Bujan or Roberts and directly tie into the new Oleander project.
There was discussion or mention of green space requirements, the layout, open space,
non-transferrable special use permit, time frame, Bujan Street staying a 25 foot street,
an alternate entry off of Avenue A, R-2 and C-2 parcels, time limit with an option to
renew tied to when the building permit was pulled or ground breaking, environmental
ground study, and the drainage route.
MOTION: Councilman Donley moved to approve the Special Use Permit with the
changes of C-3 and C-6 will be completed by referring to the plan as attached and
securing a building permit on or before May 17, 2009 and a privacy fence no less
than 7' 11" high to be maintained. Motion was seconded by Councilman Jensen and
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
12.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
OTHER BUSINESS:
A.
DISCUSSION AND TAKE APPROPRIATE ACTION ON IMLEMENTATION
OF A COMPREHENSIVE REWRITE OF THE ZONING AND SUBDIVISION
ORDINANCES (CHAPTERS 21 AND 25): The Land Use Plan recently completed
its final phase, Implementation Strategies. This process consisted of a review of the
Page 16 of 23 - 05-17-07
City’s Zoning and Development processes, mainly being the Ordinances and
regulations of Chapters 21 and 25 of our Municipal Code.
The purpose of the review was to summarize the strengths and weaknesses of
existing Ordinances and to make general recommendations as to what level of effort
would be needed to revise the City’s codes to better associate with the newly adopted
Future Land Use Plan and address modern land uses.
In summary, the report indicated that some parts of the Zoning Ordinance were
adequate (i.e. the more recent amendments) while other parts were quite antiquated.
The Subdivision Ordinance, in general, has had more recent attention and was more
in line with current development trends and would require less attention to bring it
in line with new State statutes regarding subdivisions.
The commission was seeking Council authorization to implement a comprehensive
rewrite of the Zoning and Subdivision Ordinances (Chapters 21 and 25).
Dan Sefco, the City’s Land Planning Consultant, said the idea is to have an
implementation tool to implement the Land Use Plan. The Zoning Ordinance is aged
and probably should be rewritten. He said the Subdivision Ordinance was
responding to development pretty well because it was more recent, however, it
needed some amendments to comply with State law.
He mentioned the Zoning Ordinance had some major issues such as the height issue
along the beach or the cottage ordinance could be included in the Zoning Ordinance
among others things.
He told Council if they wanted to go that direction, he suggested they could prepare
a scope of services and costs to submit to the City Manager to program into his
budgeting process for next year. If Council chose not to do that then they could
maybe retool the plan development component. For example, right now it has a 10
acre minimum, the acreage size could be changed to a smaller acreage to
accommodate more tracts that would normally be that size. Otherwise, they could
look at some amendments to give David a few tools to begin to move toward his
map.
Councilman Hall asked in terms of the zoning classifications the City currently has,
would you characterize that this community probably does not have enough
classifications with the future Land Use Plan? Mr. Sefco answered with a yes and
the ones you do have are too broad to do this.
Councilman McMullin asked Michael Kovacs if this was kind of putting teeth into
the Land Use Plan because it was not law at this point. Michael answered it’s
moving from the Land Use Plan to more of the real world. There are a lot of
advantages to actually changing our zoning districts rather than doing a bunch of
Planned Unit Developments stuck in the middle of the City. You can always change
Page 17 of 23 - 05-17-07
the zoning but if you have a PUD in the middle of it, you are stuck with it. Mr. Sefco
said he thought the PUD is better served with the Newport style but if that’s all you
have and you want to do projects like what you just passed, we are going to have to
revamp the specific use permit process so we can provide some guidance for the
criteria that goes into these so you are not always debating what the intent is.
Councilman Hall asked if the NUDs didn’t address the smaller PUDs. Mr. Sefco
answered yes and it was something they could work on to add some things as well.
Mr. Kovacs said we have some budget funds that were put in for design guidelines
and what they were hoping to do with the design guidelines was kind of roll that in
with this project. It would push design guidelines back into the fall but it would
better integrate those with the zoning districts.
MOTION: Councilman McMullin moved to direct staff to move forward with the
implementation of the comprehensive rewrite of the Zoning and Subdivision
Ordinances (Chapters 21 and 25). Motion was seconded by Councilman Pratt and
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
B.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
DISCUSSION AND TAKE APPROPRIATE ACTION ON APPOINTING A
CAPITAL IMPROVEMENT ADVISORY COMMITTEE (CIAC): State law
requires any city that was developing impact fees to formally appoint a Capital
Improvement Advisory Committee (CIAC) to make reviews and recommendations
to City Council regarding said regulations. State law allows the Planning & Zoning
Commission to act as the CIAC “if” there was a representative of the home building
industry on the commission. A realtor can also qualify. Staff recommended
appointment of the Planning and Zoning Commission to act as the CIAC.
MOTION: Councilman McMullin moved to appoint the Planning and Zoning
Commission to act as the Captial Improvement Advisory Committee. Motion was
seconded by Councilman Donley and carried with the following vote:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Page 18 of 23 - 05-17-07
Yes
Yes
Yes
Yes
Councilman Jensen
Councilman Pratt
Councilman Hall
C.
Yes
Yes
Yes
DISCUSSION AND TAKE APPROPRIATE ACTION ON THE SIXTH
STREET HIKE & BIKE PROJECT: After entering into the design phase of the
hike and bike project, it was discovered a critical easement at the corner of 6th Street
and Cut Off Road must be acquired for the project to move forward. After initial
rounds of discussion, it appeared the City might not be able to acquire the easement.
This item was on the agenda to discuss project issues and possible future options to
the City.
Mr. Kovacs stated a lot of effort and time had been devoted to this grant, the State
had “killed” other enhancement grants under this program and was not issuing any
more, but there was a pretty significant obstacle with this grant. The City had about
a $40,000 in matching funds the City would be able to keep and put into street
projects.
David Parsons gave the new members of the Council the background of the project.
He said, “The 6th Street hike and bike was a TxDOT enhancement project from 2002
or 2003. The original approved plan was for a hike and bike from the ferry, around
Cut Off and terminated at Avenue G/361. After that was approved it went to the
engineers, but discovered the utility relocates, easement acquisition property, all the
driveways along that route made the project impossible to build for the amount
secured. After that an alternate route was looked for. The alternate route from the
engineers as a route that changed the beginning and ending from the Library, down
Avenue A, right onto 6th Street, cross Cut Off Road and end at the Community Park.
That was approved. It looked like a good route, however, the standards the engineers
had to use (ASHTO) sets the widths and curb radiuses a bike trail has to be. These
are the guidlines, TxDOT has adopted. Basically it is a 12 foot product which is hard
to fit in the City’s existing right-of-ways. On one side of the path a 2 foot buffer
between the asphalt street and the bike path was needed, and another 2 foot clearance
on the outside of the trail which would make a 16 foot wide profile down 6th Street.
They ran into three major hurtles, one, the pool at the Pod House was built 6 to 7 feet
into the right-of-way; two, when you get to the end of 6th Street at Cut Off Rd. there
was a cross walk and according to the regulations of ASHTO, the curve radius to get
to that cross walk cut through a huge portion of the Clark property of undeveloped
acreage that encompasses the corner of Cut Off Rd. and 6th Street. That corner is a
vital corner to that property. We would need approximately 4,000 sq. ft. of that
corner to make the path work. After approaching the Clarks, it was not feasible in
getting that easement. The third, is another easement of getting around the corner
next to the RV park. Basically, the funding we have will not support any right-ofway acquisition.”
Page 19 of 23 - 05-17-07
David stated that when this project was first submitted, they looked at 6th and said
we had right-of-way along 6th, but when you put the pencil to the paper and start
calculating and engineering your curve radiuses, that’s when you find where your
path has to go. We don’t have any room to cross to the other side of 6th to get across
Cut Off Rd.
Councilman Pratt asked if there was a chance of getting a variance from ASHTO.
David said Naismith said they would not grant us a variance around the Pod House
pool nor in the safety regulations for getting through the intersection of 6th and Cut
Off. Our engineering contract with Naismith was for approximately $45,000, all that
is remaining on that contract was the final document drawings and that is between
$5-7,000. We do have a match of approximately $73,000. The City has roughly
about a low $30,000 in its match, so the City has spent about $40,000 for nothing.
David explained Naismith did a survey of the entire project for about $12,000,
$3,000 studying the alternative route, then there was the engineering fees,
environmental statements, E.A.S. They were in the design phase when they
discovered they would have to cut into a person’s property with this curve.
There was discussion about what to do now, how to prevent this from happening in
the future, using our own engineer for projects involving streets, and recovering some
monies from Naismith.
MOTION: Councilman Donley moved to cease this project and direct the City
Manager to make every effort to recover some of the monies already spent. Motion
was seconded by Councilman Jensen and carried with the following vote:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
D.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
DISCUSSION AND TAKE APPROPRIATE ACTION ON IMPROVEMENTS
TO THE COMMUNITY CENTER: Councilman Pratt passed on to the City
Manager a great idea for the Community Center’s rehabilitation of having a volunteer
army repair the building, similar to a “barn-raising” used in the center’s original
construction. Because the City has not maintained the facility well, wood rot was a
major issue. With the placement of the Sears house on the property and the Garden
Club’s offer to pay for and install irrigation and new landscaping, the maintenance
of the existing Community Center could not be deferred. The City was having the
building examined for termites by a general contractor. Original plans were to send
Page 20 of 23 - 05-17-07
the City’s maintenance forces over there (1 man and a caretaker or two) to begin the
wood-rot work. The closet floors were replaced earlier this winter, which had holes
in them. Joe made an inspection and said the roof and most of the floor joists were
in good order. Code issues would have to be addressed as they were found. The idea
was to have volunteer help instead of using City forces. Charlie Zahn concurred and
said he had similar ideas and got the blessing of the Boatmen at last Wednesday’s
Boatmen’s meeting. There were still a lot of details to work out but staff thought it
was a great concept. Joe would address the code compliance issues and the City
would maintain overall control and coordination of the project by using a general
contractor (Tom Dasche) to oversee the volunteer efforts and report to Joe.
Materials would be donated and purchased by community groups, and the City, if
needed, would fill gaps. Funds were available in the current budgets if needed, to
complete this maintenance project.
Charlie Zahn, Chairman of the Boatman Association, gave a history of the
organization saying they started out with 25 members interested in protecting the
commercial and recreational fishing industry in Port Aransas. Over time they
evolved into providing financial support for community projects and scholarships.
The Port Aransas Boatmen built the Community Center and donated it to the City.
They have endorsed the moving of the Sears House to the Community Center
property. In discussions with the City Manager and Councilman Pratt, an idea was
formulated to rebuild the building. He suggested to the City, the City Council
authorize the City Manager to provide all the materials necessary to redo the exterior
of the Port Aransas Community Center and in turn the Port Aransas Boatmen would
pledge to Council the labor. He said they propose, in September, to have a barn
raising type day, start with tearing off the exterior of the building and putting it back
up. Since there were not many Boatmen qualified to do that, he talked to local
contractors and asked them to be part of that venture and make it a day in Port
Aransas where they will preserve the history of Port Aransas through the
maintenance and redoing of the Community Center. Not one local contractor turned
him down to provide their expertise and staff to help, the Boatmen would provide
personnel to help, ask local restaurants if they would provide lunch on that particular
Saturday, ask other restaurants to provide drinks during the course of the day and
have some type of function that evening to celebrate getting the building done.
MOTION: Councilman Pratt moved the City accept the privilege of working with
the Boatman to renovate the old Community Center. Motion was seconded by
Councilman Jensen.
Tom Dasche, contractor, said he had check the facility for termites and didn’t find
any visible sign of them but there might be some structural replacements when they
take the siding off, reinstall the windows, and put hardy siding on the outside.
There’s no reason to try to save the cement porch. Through the landscape drawing,
put a gable over the main entrance to closely match the end of the Sears house that
Page 21 of 23 - 05-17-07
is seen from the street. From that point build a deck all the way across the front of
the building to what is now the handicap access deck. Mr. Dasche said the skeleton
of the building, foundation, roof and rafters were in good shape.
Mr. Zahn said because most of the Boatmen make a living taking people fishing
during the summer months, the starting date was set for sometime in September. Mr.
Dasche said there was still some preparation to be done, such as, drawing plans,
permitting the job (City will donate the permit fee), checking for termites, and
assuring there would be some discussion with the Boatmen, the Garden Club, and the
Historical Society as to what changes could be done without endangering an
application for the Community Center becoming a State Historical Building. The
Mayor stated he would donate any pile work or needed machinery.
Councilman Bujan said, as a point of interest, the land the Community Center was
on originally belonged to his grandfather, it then went to the ISD, then the
Community Church, then back to the Port Aransas Community Association of which
most were Boatmen; those names could go on a plaque on the building.
The vote on the motion was:
Mayor Brown
Councilman Donley
Councilman McMullin
Councilman Bujan
Councilman Jensen
Councilman Pratt
Councilman Hall
E.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
DISCUSSION AND TAKE APPROPRIATE ACTION ON THE
SCHEDULING OF A BEACH MAINTENANCE ITEM WORKSHOP: There
was action at the April meeting on scheduling a workshop to discuss beach issues.
May 24th or May 31st was suggested for the workshop. Council needed to address the
following issues quickly because the summer was a busy time with workshops:
1.
2.
3.
Massive seaweed washing up and the disposal of it
The Corps of Engineers strict interpretation in the use of blades in the mean
high tide.
The nesting sea turtle recently seen in the area.
Mr. Kovacs said June 7th for the Goals and Budget Workshop was changed to June
6th, the location to be Casa Condominiums at 8:00 a.m.; a Beach Maintenance
Committee meeting; May 30th at the Council Chambers at 5:00 p.m.
13.
CITY MANAGER REPORT: Michael Kovacs updated Council on: City inventory project,
Page 22 of 23 - 05-17-07
updating the Hazard Mitigation Plan, preparing for hurricane season with coordinated
meetings, disaster cards availability, 2-1-1 registry, the State’s Disaster Contingency Fund
(not funded yet) as the first step in providing for State assistance to affected jurisdictions (not
in addition to FEMA money) for a small scale problem that didn’t warrant a Presidential
declaration or cost with evacuating, orientation of the two new Council members, and
thanked Jim Polewchak and Beverly Charles for serving.
14.
CITY COUNCIL COMMENTS AND ITEMS FOR FUTURE CONSIDERATION:
Mayor Brown commented he has been in the Mayor’s chair for a year, he thanked Council
as they have done a lot of productive things, his hat is off to the City Manager for a good
working relationship, welcomed the new Council members aboard and was looking forward
to working with them, the City, and citizens of Port Aransas who will benefit from their
service.
Councilman Pratt commented the City Manager’s focus on infrastructure was exactly what
the City needed because there had not been much attention paid to it.
15.
ADJOURNMENT: Upon a motion duly made and seconded, the meeting was adjourned at
8:00 p.m.
______________________________
Claude Brown, Mayor
ATTEST:
____________________________
Page 23 of 23 - 05-17-07
JUNE 21, 2007
ITEM/SUBJECT: Consider and take appropriate action on Final Plat Request #FPLT2007-2,
McNamara Addition No. 2, Lots 1 and 2, Port Aransas, Nueces County, Texas. Being a final plat
of 1.103 acres of land out of Lot 1, Block 79 State Land Surveys on Mustang Island and a portion
of Lots 4 and 17, all of Lots 5, 6, 14, 15, and 16, Block 54, Aransas Holding Company Subdivision,
Section “C”, together with that portion of a 20 foot wide alleyway lying in said Block 54, closed by
City of Port Aransas Ordinance No. 82-38, all located in the City of Port Aransas, Nueces County,
Texas. Request by: Pat N. McNamara Property Location: 120 East Avenue G
Administration
COMMENTARY: As it was stated in the Public Hearing portion of this meeting, Mr. McNamara
presented this plat to Council in 2004 but due to a question on whether the City required a 30' Rightof-Way (ROW), it was pulled from consideration until the City conducted the Land Use Plan and
Thoroughfare Plan. Those Plans have been passed and in Staff’s opinion, we did not need to extract
the 30' ROW.
Urban Engineering reviewed the plat for the City and found that it met all requirements with the
exception of some clerical questions and reminded that the area adjacent to Ninth Street has some
history behind it involving the dedication of ROW.
Jerry Brundrett of Griffith and Brundrett, representative of Mr. McNamara, addressed Urban’s
comments and reflected them on a new copy of the plat.
Water District approves with the comment that the property has existing service.
CITY MANAGER
ASSOCIATED INFORMATION: All pertinent information is in Public Hearing portion of meeting
JUNE 21, 2007
ITEM/SUBJECT: Consider and take appropriate action on Preliminary Plat Request #PPLT2007-2,
Newport Beach and Golf South, Port Aransas, Nueces County, Texas. Being 208.08 acres out of the
Isaac W. Boone Survey 587, Land Script 241, the Edward Hall Survey 588, Land Script 227, Lot
1, Block 1, Kingstone Beach, a map of which is recorded in Volume 61, Page 122, map records of
Nueces County, Texas and Lot 1, Block 5, Gulfside Estates Subdivision, a map of which is recorded
in Volume 59, Page 59, map records of Nueces County, Texas. Requested by: Texas Gulf and
Harbor, LTD. (Craig Millard) Property Location: 4000 Block of State Highway 361 (East side of
Highway)
Administration
COMMENTARY: As it was discussed in the Public Hearing portion of this meeting, this property
had a previous preliminary plat but has expired. It is part of the Planned Unit Development (PUD).
An area has been acquired which is two tracts of land that circle around the King Ranch land and has
been added into this preliminary plat request.
Naismith Engineering reviewed the plat for the City and found that it was in compliance with City
Code except for several clerical errors which have been corrected. Urban has also made corrections
on the plat depicting that the right-of-way was dedicated for Access Road 1 to make it full width
through both tracts.
Water District approve provided that water and sewer lines and services extend per District’s
specifications.
The dune permit for this property was approved early this year and staff recommended that the
applicant update the dune walkovers on the preliminary plat as shown on the approved permit.
The Planning and Zoning Commission recommends approval of this request subject to making the
preliminary plat reflect the dune walkovers according to the approved dune permit and meet the
Water District’s specifications.
CITY MANAGER
JUNE 21, 2007
ITEM/SUBJECT: Consider and take appropriate action on Dune Permit and Beachfront Construction
Certificate #BFDP2007-6, Tract B, Coral Cay Addition, Port Aransas, Nueces County, Texas. The
proposed construction will consider constructing a dune walkover and lookout deck located directly
over the existing foot path near the east property line. Requested by: Coral Cay Condominiums (Bill
Bauder) Property Location: 1419 S. Eleventh Street
Administration
COMMENTARY: As it was stated in the Public Hearing portion of this meting, the proposed
construction will consider constructing a dune walkover and lookout deck located directly over the
existing foot path near the east property line.
Naismith Engineering reviewed the request for the City and offered several comments in regard to
clerical errors, the number of lookouts, the width of the walkover of 6 foot, the concrete path leading
to the walkover, and the definition of minimization in regards to some of the overlook areas. Urban
Engineering responded to Naismith’s comments by correcting the clerical errors, stating that they
were pointing out two options for a location of the lookout, but there would only be one, the
concrete path is located where no critical dunes exist along it, so no avoidance, minimization, or
mitigation is required, and the overlook areas and walkovers are located above the minimum 1:1
width:height ratio which will pose significantly less adverse effects than the current effects of
pedestrian traffic.
The application was sent to the General Land Office (GLO) for their comments and based on their
review, their comments show that the applicant should consider achieving at a minimum a 1:1 height
to width ratio to abate and encourage sedimentation on the newly constructed walkover, especially
at the seaward end. They also recommend that Option 1 for the 8 foot by 10 foot overlook area be
used so that the overall stability of the dune system may benefit if the reduced potential for revegetation is located more landward than the seaward Option 2 location.
CITY MANAGER
ASSOCIATED INFORMATION: All Pertinent information is in Public Hearing portion of meeting
JUNE 21, 2007
ITEM/SUBJECT: Consider and take appropriate action on Dune Permit and Beachfront Construction
Certificate #BFDP2007-7, Lot 74 (Amenities Area), Beachwalk Unit 2, N.U.D., Volume 59, Page
11, Map records of Nueces County, Texas. The proposed construction will consider improving and
landscaping the surrounding pool area. Proposed is a 10 foot plus wide strip, which is to be sodded
and maintained to prevent blow sand from accumulating and propagating into the pool area, and
expansion of the existing sprinkler system to incorporate the new vegetation, and other similar items
associate with landscaping needed to improve the overall amenity area. Requested by: Beachwalk
Unit 2 HOA c/o Chuck Borders
Property Location: 283 Keewaydin Lane
Administration
COMMENTARY: As it was stated in the Public Hearing portion of this meeting, the proposed
construction will consider improving and landscaping the surrounding pool area. They propose a
10 foot plus wide strip, which is to be sodded and maintained to prevent blow sand from
accumulating and propagating into the pool area and the expansion of the existing sprinkler system
to incorporate the new vegetation, and other similar items associated with landscaping needed to
improve the overall amenity area. This permit request came about because the Building Official
found that construction had impacted critical dunes. The applicants were trying to extend the
amenities area around the pool and they had encroached about 50' to 60' up into a critical dune. A
portion of it was mitigated in the original dune permit in 1997. In the original permit, the pool was
designed to be as close to the dunes as possible. The dune is shifting, basically going right through
the existing fence. This permit is to fix the impacted dunes and to establish a 10 foot buffer zone
between the dune vegetation and the pool fence.
Naismith Engineering reviewed the permit for the City and found some clerical errors which were
explained or corrected by Urban Engineering.
The permit was forwarded to the General Land Office (GLO)
CITY MANAGER
JUNE 21, 2007
ITEM/SUBJECT: Third and final reading of an Ordinance changing the zoning of, Sandpiper Villas,
Lots 1, 2, 3, Block 1 and Sandpiper Villas, Lots 1, 2, 3, Block 2, (600 Block of Sea Breeze Lane) all
in Port Aransas, Nueces County, Texas from Residential-1 to Residential-2
Administration
COMMENTARY: This ordinance has passed the first and second readings and is being presented
for the third and final reading. The applicant is requesting that this property be rezoned to
Residential-2. Thirty-two (32) letters were sent to property owners within 200 feet of the requested
change. As of this date, there have been nine (9) responses, with eight (8) in opposition and one (1)
in favor of the change. Since more than 20% of the area of land covered by the proposed change are
in opposition, in order for the change to become effective, a super majority favorable vote by the
Council is necessary. This request was presented to Council in December 2006, but did not have the
super majority vote needed for approval.
Urban Engineering reviewed the request for the City and had no objections, but suggested that it be
verified that it is consistent with the proposed Land Use Plan. David Parsons says that it has the low
density R-2 classification that is envisioned.
CITY MANAGER
ASSOCIATED INFORMATION: Ordinance
ORDINANCE NO. 2007 AN ORDINANCE CHANGING THE ZONING FOR THE FOLLOWING
PROPERTY FROM RESIDENTIAL-1 TO RESIDENTIAL-2 AND FURTHER
PROVIDING FOR EFFECTIVE DATE, READING AND SEVERANCE:
SANDPIPER VILLAS, LOTS 1, 2, 3, BLOCK 1, AND SANDPIPER VILLAS,
LOTS 1, 2, 3, BLOCK 2, PORT ARANSAS, NUECES COUNTY, TEXAS
(600 BLOCK OF SEA BREEZE LANE)
WHEREAS, application was made to rezone the real property hereinafter described;
and
WHEREAS, notices have been given and published and public hearings held, all on
the question of said rezoning, as required by law; and
WHEREAS, after hearing and consideration of the application, the Commission
made its recommendation to the Council; and
WHEREAS, after hearing and considering the application, the recommendation of
the Commission, the present zoning and use of each of the properties in the surrounding
area, the comprehensive master plan of the city, the future development of the city as a
whole, and other relevant factors, the City Council is of the opinion and finds that it is in the
best interest of the public health, safety, and welfare of the city to rezone this property, that
the rezoning effected by this ordinance is in compliance with the Comprehensive Master
Plan, that changing the zoning of the aforesaid property would not be detrimental to the
public health, safety, or general welfare, and will, in fact, promote the best and most orderly
development of the properties affected thereby, and to be affected thereby, in the City of
Port Aransas, and as well, the owners and occupants of the property, and the City
generally.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ARANSAS, COUNTY OF NUECES, STATE OF TEXAS:
Section 1. Zoning Change. The zoning of the property hereinafter described is hereby
changed to Residential-2, to-wit:
Sandpiper Villas, Lots 1, 2, 3, Block 1, and Sandpiper Villas, Lots 1, 2, 3, Block 2,
Port Aransas, Nueces County, Texas (600 Block of Sea Breeze Lane)
Section 2. Zoning Map. It is directed that the official zoning map of the City be changed
1
to reflect the zoning classification change, i.e. rezoning, effected by this ordinance.
Section 3. Effective Date. As provided by Article III, Section 12.C. and by Article XII,
Section 2 of the Charter of the City of Port Aransas, this ordinance shall be effective upon
adoption and, in addition, if any penalty, fine or forfeiture is imposed by this ordinance, then
this ordinance shall be effective only after publication of this ordinance in its entirety or in
summary form once in the official newspaper of the City of Port Aransas.
Section 4. Reading. As provided by Article III, Section 13 and Article III, Section 12.b.
of the Charter of the City of Port Aransas, this ordinance or the caption of it shall be read
at three city council meetings with at least one week elapsing between each reading.
Section 5. Severance. If any part of this ordinance is invalid or void or is declared to be
so, then said part shall be severed from the balance of this ordinance and said invalidity
shall not affect the balance of this ordinance, the balance of the ordinance to be read as
if said invalid or void portion thereof were not included.
Section 6. Publication. As provided by Article III, Section 12.C., this ordinance shall be
published one time in the official newspaper of the City of Port Aransas, Nueces County,
Texas, which publication shall contain the caption of this ordinance stating in substance
the purposes of same.
PASSED, ORDAINED, APPROVED AND ADOPTED this 21st day of June, 2007.
By:
The Honorable Claude Brown, Mayor
ATTEST:
2
JUNE 21, 2007
ITEM/SUBJECT: Second reading of an Ordinance granting a Special Use Permit under the zoning
regulations for the property described as Mustang Island State Land Survey (MISLS), Lots 5 and 6,
Block 73, Port Aransas, Nueces County, Texas (the “Property”), to be used for Multifamily
Condominium with short term transient rentals, a use not allowed generally in the R-2 Zone where
the property is located.
Administration
COMMENTARY: This Ordinance passed the first reading at the May 17th Council Meeting. The
current zoning for this property is Residential-2 and if this request is approved, it will allow
Tourist/Recreational-1 use. Thirty six letters were sent to the surrounding property owners within
200 feet of the requested change. Written protest was filed by owners of 20.64% of the land covered
by the proposed change, so a favorable vote of at least 3/4 of all members of Council must be met
for the passage of this request.
Naismith Engineering reviewed the application for the City and found that the documents are in
general compliance with the City Code. The R-2 zoning that is on this property now about 22 units
could be built in a combination of duplex, triplex and fourplex. The applicant is proposing to build
one less unit that they can under the current rules but are requesting the TR-1 designation because
of short term rentals. The plan they presented shows that they want 21 dwelling units instead of the
22 that could be allowed and have 10' side yard set backs instead of the 5' that is required.
Surrounding property owners expressed concerns about dumpster locations, pool location,
landscaping, drainage, and fencing, as well as the use of several streets that lead into the property.
The Planning and Zoning Commission recommended approval of this Special Use Permit with the
following conditions: density be limited to 21 units; side yard set backs be at least 10 feet; dumpsters
be on property; pool to be in the center of the property; require some type of landscaping; drainage
to comply with the City Master Drainage Plan; privacy fencing and conform to the layout presented
in the packet.
CITY MANAGER
ASSOCIATED INFORMATION: Ordinance
ORDINANCE 2007 -
AN ORDINANCE GRANTING A SPECIAL USE PERMIT UNDER THE
ZONING REGULATIONS FOR THE PROPERTY DESCRIBED AS
MUSTANG ISLAND STATE LAND SURVEY LOTS 5 AND 6, BLOCK 73,
PORT ARANSAS, NUECES COUNTY, TEXAS (THE "PROPERTY"), TO BE
USED FOR MULTI FAMILY CONDOMINIUM WITH SHORT TERM
TRANSIENT RENTALS, A USE NOT ALLOWED GENERALLY IN THE R-2
ZONE WHERE THE PROPERTY IS LOCATED.
WHEREAS, application was made for a Special Use Permit allowing a use not otherwise
permitted in the R-2 zoning district where the property which is the subject of this Ordinance and
permit is located;
WHEREAS, Section 25-270 Port Aransas Code of Ordinances, provides that, uses not
allowed in a particular zoning district may be authorized by a special permit;
WHEREAS, notices have been given and published and public hearings held, all on the
question of said application, as required by law;
WHEREAS, after hearing and consideration of the matter, the Commission made its
recommendation to the Council; and
WHEREAS, after hearing and consideration of the matter, the plans, the present zoning and
use of each of the properties in the surrounding area, the comprehensive plan of the city, the future
development of the city as a whole, and other relevant factors, the Council is of the opinion and finds
as follows:
1.
The property use will not adversely affect the surrounding property or the health, safety and
general welfare of the public;
2.
Such safeguards as are reasonable or necessary in order to protect surrounding property,
persons, and neighborhood values will be provided; and
3.
Granting of a Special Permit is in the best interest of the health, safety and welfare of the City
and its inhabitants.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ARANSAS, COUNTY OF NUECES, STATE OF TEXAS:
Section 1. Grant of Special Use Permit. A Special Use Permit is hereby granted for the property
hereinafter described for the use hereinafter specified in accordance with the plans hereto attached,
\PortA\CITY13.Special.Permit
1
provided and for so long as the said plans and conditions hereafter set forth are adhered to, to-wit:
(a)
Property Description: The real property which is the subject of this ordinance and
for which a Special Use Permit is being granted is described as Mustang Island State
Land Survey Lots 5 and 6, Block 73, Port Aransas, Nueces County, Texas (the
“Property”).
(b)
Use: Multi family, residential condominium regime with a maximum of 21
individual apartment units, including short-term, transient rentals.
(c)
Other Conditions:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
side and backyard set backs shall be 10 feet;
front yard set back shall be 20 feet;
dumpsters on the property shall be located at within the interior of the
development;
there shall be a swimming pool which shall be located in the center of the
property as set forth on the plan attached;
the property, its design, construction and use must conform to the plan
attached to this Ordinance;
landscaping must conform to the submitted plan;
drainage must comply with the city’s master drainage plan; and
a privacy fence must be constructed along all common property lines,
including both side yard lines and the backyard line, which privacy fence
must be no less than seven feet eleven inches high.
Section 2. Effective Date. As provided by Article III, Section 12.C. and by Article XII, Section 2
of the Charter of the City of Port Aransas, this ordinance shall be effective upon adoption and, in
addition, if any penalty, fine or forfeiture is imposed by this ordinance, then this ordinance shall be
effective only after publication of this ordinance in its entirety or in summary form once in the
official newspaper of the City of Port Aransas.
Section 3. Reading. As provided by Article III, Section 13 and Article III, Section 12.b. of the
Charter of the City of Port Aransas, this ordinance or the caption of it shall be read at three city
council meetings with at least one week elapsing between each reading.
Section 4. Severance. If any part of this ordinance is invalid or void or is declared to be so, then said
part shall be severed from the balance of this ordinance and said invalidity shall not affect the
balance of this ordinance, the balance of the ordinance to be read as if said invalid or void portion
thereof were not included.
Section 5. Publication. As provided by Article III, Section 12.C., this ordinance shall be published
one time in the official newspaper of the City of Port Aransas, Nueces County, Texas, which
2
publication shall contain the caption of this ordinance stating in substance the purposes of same.
PASSED, ORDAINED, APPROVED AND ADOPTED this
day of
2007.
By:
The Hon. Claude Brown, Mayor
ATTEST:
3
,
JUNE 21, 2007
ITEM/SUBJECT: A Resolution approving an amendment to the contract with Nueces County for
lifeguard services on the beach.
Administration
COMMENTARY: At the May 17th Council Meeting, the City Manager was authorized to enter into
a contract with Nueces County to provide lifeguard services at the I. B. Magee County Park. Nueces
County’s legal department has provided an amendment to that contract. They have deleted Section
II. (d) The County specifically agrees that said employees are the employees of the City of Port
Aaransas and that the City of Port Aransas shall retain all liability for workers compensation and
other liabilities that may arise from such employment.
CITY MANAGER
ASSOCIATED INFORMATION: Resolution, Amended Interlocal Agreement
RESOLUTION NO. 2007 -
A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN THE CITY AND NUECES COUNTY TO
PROVIDE LIFEGUARDS AT THE I. B. MAGEE COUNTY PARK.
WHEREAS, Nueces County has requested that the City of Port Aransas provide Beach
Lifeguards at the Nueces County I.B. Magee Park; and
WHEREAS, Nueces County legal staff are requesting that an amendment to the original
contract be approved.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARANSAS,
NUECES COUNTY, TEXAS, THAT:
The City Manager is authorized to sign an Amended Interlocal Agreement
between the City of Port Aransas and Nueces County to provide Lifeguards
at the I. B. Magee County Park.
PASSED AND APPROVED this 21st
day of
June
, 2007.
ATTEST:
AGREEMENT FOR LIFEGUARD SERVICES
THE STATE OF TEXAS
KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
This agreement is made and entered into this ___ day of _______, 2007, by and between
the City of Port Aransas, Texas, hereinafter referred to as City, and Nueces County, Texas,
hereinafter referred to as County, Witnesseth:
WHEREAS, Chapter 791 of the Texas Government Code, as amended authorizes contracts
between local governmental agencies to perform governmental functions, inclusive of section
791.025, Texas Governmental Code which permits agreements between local governments to
seek competitive bids for the purchase of goods and services.
WHEREAS, each governing body, in performing governmental functions or in paying for the
performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the best
interests of both parties, that the undertaking will benefit the public, and that the division of costs
fairly compensates the performing party for the services or functions under this agreement; and
WHEREAS, the County believes it to be in its best interest to utilize trained personnel
provided by the City and allocate funds for this purpose.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein
contained, the parties hereto agree as follows:
I.
The City agrees to the following:
(a)
To provide two (2) certified lifeguards (one lifeguard per designated lifeguard station) for
the public beaches of Mustang Island within the Nueces County I.B. Magee Beach Park found
outside of the city limits of the City of Port Aransas
.
(1)
(b)
To provide employment, training and supervision of such lifeguards, as
well as any and all other services they may require.
To provide the County a summary of hours for each lifeguard and supervisor on a
bi-weekly basis under the City’s payroll schedule plan.
(c)
To work with the County to define hours of operation, levels of service, and other
specific details of operations.
(d)
To send the County an itemized bill on a monthly basis during the term of this
Agreement
II.
The County agrees to:
(a)
Provide Lifeguard Stations to be positioned and deployed at locations specified by
the County. The exact locations to be determined by the County to meet traffic
and crowd conditions present on the beach.
(b)
Reimburse the City for payments to City employees assigned to the lifeguard
stands located within the I.B. Magee Beach Park beach , a pro rata share of the
lifeguard supervisors and a fee for City operation overhead not to exceed ten
percent (10%) of the total wages paid. Exhibit A is herein attached and
incorporated in its entirety reflecting a good faith estimate of the expenses to be
incurred under the terms of this agreement.
(c)
Reimburse the City for employee benefits due and payable under law or practice
for said employees. Reimbursement for those employees (supervisors) not
devoting 100% of their work time for services to be provided under this
agreement shall be on a pro rata basis.
(d)
(Note: This item deleted by Nueces County legal representative)
(e)
To not adjust any operational facets of the lifeguard operation in the I.B. Magee
Beach Park area, without the advice of the City.
(f) Reimburse the City for actual expenses incurred by the City, at the rates the City
actually pays from currently available funds.
(g)
Reimburse the City upon the receipt of itemized bill.
III.
COUNTY AND CITY AGREEMENTS
The County specifically agrees that said employees are the employees of the City of Port
Aransas and that the City of Port Aransas shall retain all liability for workers compensation and
other liabilities that may arise from such employment.
All services provided under this agreement shall be under the sole direction and
supervision of the City.
All property and materials used in the I.B. Magee Beach Park for the lifeguard staff
(guard stands, rescue boards, and other associated items) shall be provided by the County under
this agreement and shall remain the property of the County, under the sole direction and
supervision of the County.
If properly trained staff is not reasonably available to the City, from time to time, the
agreement will be adjusted to conform with such conditions.
IV.
TERM
.
This agreement shall be effective from the date of execution through September 3, 2007.
Either party to the agreement may terminate this agreement after 30 days written notice to the
other party.
V.
MISCELLANEOUS PROVISIONS
Notice shall be delivered to the address of record for the party notified:
NUECES COUNTY:
Nueces County Judge
901 Leopard, Room 303
Corpus Christi, Texas 78401
CITY OF PORT ARANSAS:
Mayor of City of Port Aransas
710 W. Ave A
Port Aransas, Texas 78373
Liability. Each party to this Agreement will be responsible for its own action in providing
services under this Agreement and shall not be liable for any civil liability that may arise from
the furnishing of the services by the other party.
Annual Appropriations. The parties mutually agree and understand that funding under
this agreement is subject to annual appropriations by the County and that each fiscal year’s
funding must be included in the budget for that year and is not effective until approved by the
County Commissioners Court.
Compliance with Laws. All parties agree to comply with all applicable city, state, and
federal laws, regulations, and rules that may pertain to each party’s performance under this
Agreement.
This Agreement expresses the entire agreement between the parties. Any modification,
amendment, or addition to this agreement shall not be binding upon the parties unless reduced to
writing and signed by the persons authorized to make such agreements on behalf of the
respective party. This Agreement supersedes any previous agreements entered into between the
County and City for the services described herein.
EXECUTED IN DUPLICATE ORIGINALS on the date set forth in the introductory
paragraph hereof.
Attest:
City of Port Aransas, Texas
_________________________
Attest:
County of Nueces
County Clerk, Nueces County
__________________________
County Judge, Nueces County
2007 proposed Financial summary (for review purposes only)
Proposal – weekends Fri-Sun/holidays (2 guards & supervisors)
Estimated lifeguard wages (benefits @ 15% included in total wages)
48 days @ 8 hours per day @ $9.45 per hour @ 2 guards
$ 8,346.24
Estimated Supervisor pro-rata share (benefits @ 15% included in total wages)
103 days @ 9 hours per day @ $13.00 per hour
@ 1.35 supervisors/day @ 2/5 total
(supervisor total = $ 18,702.00)
$ 7,480.80
Estimated City Overhead
10% of total wages and benefits ($ 15,827.04)
$ 1,582.70
TOTAL
$ 17,409.74
Deleted: ¶
¶
¶
¶
¶
¶
¶
¶
JUNE 21, 2007
ITEM/SUBJECT: A Resolution appointing City of Port Aransas representatives to the Coastal Bend
Council of Governments.
Administration
COMMENTARY: The past policy of the City Council has been to have the Mayor as city
representative to the COG and all other members of the Council and the City Manager as alternate
members.
The City Manager normally attends the Coastal Bend Council of Government monthly meetings,
which are usually the last Friday of each month.
CITY MANAGER
ASSOCIATED INFORMATION: Resolution
A RESOLUTION APPOINTING CITY OF PORT ARANSAS REPRESENTATIVES
TO THE COASTAL BEND COUNCIL OF GOVERNMENTS
The following are appointed as City of Port Aransas representatives to the Coastal Bend Council of
Governments.
Representative:
Claude Brown, Mayor
Alternates:
Keith Donley, Council member
Keith McMullin, Council member
Charles Bujan, Council member
John (Bubba) Jensen, Council member
Rick Pratt, Council member
Mike Hall, Council member
day of June , 2007.
Claude Brown, Mayor
ATTEST:
JUNE 21, 2007
ITEM/SUBJECT: A Resolution authorizing the City Manager to apply for State Beach Maintenance
Funds and act for the City in this program.
Administration
COMMENTARY: This is an annual program that the City applies for from the Texas General Land
office to aid in the cost of beach maintenance. A copy of the application is attached .
I recommend that the resolution be adopted. If you have any questions, please contact me.
CITY MANAGER
ASSOCIATED INFORMATION: Resolution, Application
A RESOLUTION BY THE CITY COUNCIL OF PORT ARANSAS
AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE BEACH
MAINTENANCE FUNDS AND ACT FOR THE CITY IN THIS PROGRAM
WHEREAS, the City of Port Aransas has 35,237 linear feet of public beach to provide
maintenance to; and,
WHEREAS, maintaining the beach in a clean, sanitary, safe condition is of great
importance to the economy of the City and the safety and well-being of its residents; and,
WHEREAS, the Texas General Land Office requires an annual application for eligible
entities to participate in the State Beach Maintenance Fund program; and,
WHEREAS, the participation in the State Beach Maintenance Fund Program requires
continuous management.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARANSAS, NUECES COUNTY, TEXAS, THAT:
The City Manager is authorized to apply for State Beach Maintenance Funds,
to act on behalf of the City of Port Aransas for purposes of this program, and
to establish and provide supporting documents to the Texas General Land
Office and other agencies as may be required in the application for funds and to
administer the program.
PASSED AND APPROVED this 21st day of June , 2007.
ATTEST:
JUNE 21, 2007
ITEM/SUBJECT: A Resolution authorizing the City Manager to enter into an Interlocal Agreement
with the Regional Transportation Authority (RTA) to establish a Ferry Shuttle service.
Administration
COMMENTARY: The RTA and the City have determined that a service is needed that would pick
workers up at the Ferry Landing and transport them to their workplace during the peak summer
months. The heavy traffic in the afternoon causes the workers to wait in line up to and sometimes
over 1 hour during that time.
This Interlocal Agreement is basically the same as the ones we have for the Trolley and the Flexi-B.
CITY MANAGER
ASSOCIATED INFORMATION: Resolution, Interlocal Agreement
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE REGIONAL TRANSPORTATION
AUTHORITY (RTA) TO ESTABLISH A FERRY SHUTTLE SERVICE.
WHEREAS, The City of Port Aransas and the Regional Transportation Authority (RTA) has
determined that a ferry shuttle is needed to transport workers from the ferry landing to their place
of work; and
WHEREAS, RTA agrees to provide one or two vehicles to the City and the City agrees to
operate the service within the city limits of the City.
The City Manager is hereby authorized to enter into an Interlocal Agreement
with the Regional Transportation Authority to establish a Ferry Shuttle Service.
PASSED AND APPROVED this 21st day of
June
, 2007.
ATTEST:
INTERLOCAL AGREEMENT
(Port Aransas Ferry Shuttle Project)
This Interlocal Cooperation Agreement is made between the Corpus Christi Regional
Transportation Authority (“the RTA”), a metropolitan transit authority under Chapter 451 of the
Texas Transportation Code, and the City of Port Aransas, Texas (the “City”), a municipal
corporation.
WHEREAS, the RTA will establish a Ferry Shuttle service within the city limits of the City
and the transfer of such operations to the City would result in the saving of substantial hours in “dead
head” travel, allow greater service hours in the City, and result in overall savings in operating costs
for the service; and
WHEREAS, both the City and the RTA possess the legal authority to operate such services
and may enter into an agreement under the Texas Interlocal Cooperation Act, Chapter 791, Texas
Government Code, in order to provide for such services;
NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION
AUTHORITY AND THE CITY OF PORT ARANSAS, TEXAS:
1. Operations of Ferry Shuttle Service. The RTA agrees to provide one (1) or two (2)
vehicles to the City and the City agrees to operate the service within the city limits of the City during
the term of this Agreement. The service shall be operated on such routes and for such hours of
service as may be approved from time to time by the RTA. No rentals or other payments for the use
of the vehicle(s) shall be made by the City except as specifically provided herein. At all times during
the term of this Agreement, the vehicle shall be owned by the RTA and upon termination hereof shall
be returned to the RTA without further claim, right or interest asserted by the City. The City of Port
Aransas will be responsible for obtaining all necessary approvals from all affected governmental
entities regarding the use of the ferry landing bus stop.
2. Vehicle Operators. (a) The City shall be responsible for interviewing and employing
one or more persons to operate the trolley vehicle under this Agreement. Any such operators of the
vehicle shall posses the following qualifications:
1) Valid Texas Commercial Driver’s Class B License;
2) Minimum age of 21 years;
3) Not more than two (2) moving violations or accidents within the most recent
three (3) year period;
4) Capable of speaking, writing, and understanding the English language fluently;
5) A certificate of other evidence of satisfactory completion of a defensive driving
course within the past 12 months;
6) Must pass a Department of Transportation or equivalent physical examination
and a pre-employment drug test (to be paid by the RTA); and
7) Must complete RTA training course for operation of the RTA transit vehicles.
(b) Any of the following shall result in the immediate dismissal of any such person as an
operator of the vehicle and from performing further work under the terms of this Agreement:
1) Termination of a valid Texas Operator’s License;
2) The occurrence of more than two chargeable, moving violations or accidents
within a three-year period;
3) Conviction of a felony or a crime involving moral turpitude;
4) Committing an unsafe act while operating the vehicle; or
5) Failure to comply with any of the other requirements imposed above.
(c) The RTA shall provide the required training to the vehicle operators and will reimburse
the City the amount of wages and benefits paid to the operators not to exceed 50 regular time hours
per week. The wages and benefits provided such employees shall not exceed comparable wages and
benefits furnished RTA employees generally. At all times during the term of this Agreement, the
service operators shall be deemed to be solely employees of the City. Prior to employing any such
persons as operators, the City agrees to request and obtain from each person detailed information
concerning such person’s employment experience, driving record, pertinent to his or her fitness to
operate a vehicle under the terms of this Agreement.
(d) The City must be in compliance with the U.S. Department of Transportation drug and
alcohol regulations under 49 CFR Part 655. Annually, the City shall submit a copy of its Drug Free
Workplace Policy to the RTA’s Human Resources Department.
3. Maintenance of the Vehicle. The RTA agrees to reimburse the City on a monthly basis
for its actual, out-of-pocket costs for fuel and lubricants used in operation of the vehicle. The City
shall be responsible for the day-to-day routine and preventive maintenance of the vehicle utilized in
the service provided under the maintenance schedule set by the RTA. The RTA agrees to be
responsible for all other maintenance, diagnostic work and repairs for the vehicle. The RTA reserves
the right to substitute other vehicles as necessary to provide for such maintenance and repairs, and
the parties acknowledgement that some repair requirements may require the curtailment of service
by the vehicle within the City. The City shall be responsible for transportation of the vehicle to and
from RTA Operations Facility as and when such RTA-performed maintenance and repairs are
required.
4. Use. Use of the vehicles shall be limited to public transportation for the residents and visitors
of the City from and to points within the City of Port Aransas. Such service may be provided by operating
the vehicles on a fixed route and/or providing curb-to-curb service.
5. Revenues. The City agrees to charge and collect such fares as the RTA may prescribe
from time to time for the operation of this ferry shuttle service. Such fares shall not exceed the fares
for comparable services furnished by the RTA. All such farebox revenues shall be brought to the
RTA’s Operations Facility at least once a month for removal of fares by a RTA employee.
6. Monthly Statements. The City shall invoice the RTA monthly stating the following
information required under this Agreement:
1) The amount of wages and benefits paid to or on behalf of the vehicle operator;
2) The out-of-pocket expenses for fuel, lubricants, and preventive maintenance on
the vehicle subject to Section 3 above;
3) The actual cost of liability insurance for the vehicle;
4) The number of hours of vehicle operation each week (not to exceed regular time
50 hours);
5) The vehicle trip log on a form approved by the RTA; and
6) The compliance with routine and preventive maintenance schedule and such
other information as may be required from time to time by the RTA.
The monthly statements shall be provided by the RTA on or before the 10th of each month, and such
sums shall be reimbursable by the RTA within 30 days from the date of receipt of the monthly
statement.
7. Insurance. The RTA shall maintain insurance coverage to protect against any property
loss or casualty of the vehicle(s). The City shall maintain insurance coverage to protect against any
property loss or casualty of the vehicle(s). Liability insurance covering operations of the vehicle
shall be obtained by the City with limits of not less than $100,000 for bodily injury or death per
person, $300,000 for bodily injury or death per occurrence, and $100,000 for property damage, and
the expense of such policy shall be billed to the RTA as provided above. The RTA shall be named
as an additional insured on such policy. Any casualty loses shall be borne by the parties as reflected
by the insurance coverages above, and each party waives the right of subrogation against the other
for any casualty losses affecting such property.
8. Term and Renewal. This Agreement shall be for an initial term of six and a half months
trial period starting in mid June 2007 and terminating on December 31, 2007. Depending upon the
success of the service and with Board approval, this Agreement may be renewed on an annual basis
and further subject to automatic renewal unless modified or terminated as provided herein. Notice
of termination shall be given no later than one year prior to termination; provided, however, the RTA
may terminate the ferry shuttle service upon thirty (30) days’ written notice in the event the
vehicle(s) is required for use elsewhere by the RTA and the RTA complies with all required hearings
and notices for the termination or curtailment of bus service as required by law. Any such notice of
termination shall be given to the other party to this Agreement in accordance with the notice
provisions provided below.
9. Payments. Any payments made by the RTA or the City for any of the construction,
services, maintenance, or repairs that either provides pursuant to this Agreement shall be made out
of current revenues available to such paying party.
10. Severability. If any portion of this Agreement, or the application thereof to any person
or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be
enforceable in accordance within its terms.
11. Approval by Governing Bodies. Each party represents that this Agreement has been duly
passed and approved by the governing body of the party as required for interlocal agreements
pursuant to the Texas Interlocal Cooperation Act.
12. Notices. Notices under this Agreement shall be addressed to the parties as indicated
below, unless changed by written notice to such effect, and shall be effected when delivered or when
deposited in the U.S. mail, postage prepaid, certified, returned receipt requested.
RTA: Regional Transportation Authority
5658 Bear Lane
Corpus Christi, Texas 78405
CITY: City of Port Aransas, Texas
710 W. Avenue A
13. Performance. This Agreement shall be performed in Nueces County, Texas, and shall
be interpreted according to the laws of the State of Texas.
14. Entire Agreement. This Agreement represents the entire agreement between the
parties and may not be modified by any oral agreements or understandings. Any amendments must
be made in writing and signed by both parties on or prior to the program date.
15. Assignment. This agreement shall be binding on and inure to the benefit of the parties
to this Agreement and their respective successors and permitted assigns. This Agreement may not
be assigned by any party without written consent of the other party.
EXECUTED to be effective of the last execution date set forth below.
EXECUTED by the Regional Transportation Authority on the
day of_______2007.
REGIONAL TRANSPORTATION
AUTHORITY
By:
Ricardo Sánchez, General Manager
EXECUTED by the City of Port Aransas on the __ day of_______2007.
By:
JUNE 21, 2007
ITEM/SUBJECT: Appoint a member to the Airport Advisory Board.
Administration
COMMENTARY: With the election of Keith Donley to the City Council in the May General
Election, he is no longer eligible to serve on the Airport Advisory Board. His term was slated to
expire in October 2008. Keith has tendered his resignation and the position was advertised in the
South Jetty and have received applications from Jim Polewchak and Larry Heagren.
This is a five (5) member board, with three (3) members’ and the alternate’s terms expiring in odd
years and two (2) members’ terms expiring in even years.
CITY MANAGER
ASSOCIATED INFORMATION: Applications, Board List, Resignation Letter
AIRPORT ADVISORY BOARD
MAY 2007
Members
Expiration Date
Vacant
October 2008
Sam Poteet
200 S. Alister Street, Suite C
749-4141 (Office)
749-5405 (Home)
October 2008
Burt L. Jones
538 Margo Lane
361-779-4749
749-0270
October 2007
Paul Davis
510 Turtle Cove Blvd., #200
Rockwall, Texas 75087
972-771-5653 (Office)
October 2007
Jon Christensen
P.O. Box 2662
Port Aransas, Texas 78373-2662
361-774-4597 (Office)
749-5816 (Home)
October 2007
Alternate:
Tonya Clay
1000 N. Station Street, #108
281-989-5098 (Office)
749-7839 (Home)
5 Member Board
3 members odd yrs; 2 members even yrs.
Staff Rep: City Manager
October 2007
JUNE 21, 2007
ITEM/SUBJECT: Appoint a member of Council to the Port Aransas Recreational and Development
Corporation Board of Directors
Administration
COMMENTARY: This is a seven member board. The corporation by-laws provide that 4 members
will be council members and 3 non-council members. Since the city election, there is one vacancy
of a council representative board member.
CITY MANAGER
ASSOCIATED INFORMATION: Board List
PORT ARANSAS RECREATIONAL DEVELOPMENT CORPORATION
BOARD OF DIRECTORS
YEAR OF
APPOINTMENT
MEMBERS
Francis Stokes, Chairman
P.O. Box 2698
749-0079 (Home)
749-5264 (Office)
2003
Keith McMullin, Director
P.O. Box 3014
749-7500(Home)
749-4166 (Office)
2006
Sharon Grumbles, Director
P.O. Box 1161
749-5305
2000
Beverly Charles, Director
P.O. Box 3021
749-2136 (Home)
749-2292 (Office)
2003
James Ashley, Director
P.O. Box 2543
749-7132
776-2541 (Office)
2000
John (Bubba) Jensen, Director
P.O. Box 1809
749-4053 (Office)
2002
Rick Pratt, Director
639 E. Avenue B
749-3193
2005
JUNE 21, 2007
ITEM/SUBJECT: Appoint a member of City Council to serve as second Vice-President for TML
Region 11.
Administration
COMMENTARY: The City of a member of TML Region 11 and the second Vice-President position
is coming open. We have been approached to fill that position with someone from our Council. The
person selected should be able to commit to at least four years, so as to progress to first VicePresident, President and then TML board member. The next Region 11 meeting will be held in July.
CITY MANAGER
JUNE 21, 2007
ITEM/SUBJECT: First reading of an Ordinance adopting the Thoroughfare Plan portion of the City’s
Comprehensive Plan.
Administration
COMMENTARY: The City’s land planners have created a thoroughfare plan for the movement of
vehicles in the City. The map was created with the help of traffic count data and using the future land
use map with density and land use intensity predictions. We will bring a large poster board sized
copy of the plan for your review at the Council meeting. The map depicts various cross-sections of
roads and potential connections and upgrades to the City’s road system. The Planning & Zoning
Commission has worked on the draft plan and now forwards the final version to the Council for
adoption and use in the City’s comprehensive plan. A public hearing will be held at the beginning
of the meeting for any public comments or input prior to Council’s action. The completion of the
thoroughfare plan is a major step forward and is the last remaining major item in the comprehensive
plan process. Minor plan items including transit, gas dept., and airport are yet to be completed. The
thoroughfare plan identifies areas for follow-up work and concentration, such as the ferry, which was
also identified in Councils 2007 & 2008 Goals Action List.
CITY MANAGER
ORDINANCE NO. 2007 - _______
AN ORDINANCE OF THE CITY OF PORT ARANSAS, TEXAS, ADOPTING
THE THOROUGHFARE PLAN PORTION OF THE COMPREHENSIVE
PLAN TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, the City Council of the City of Port Aransas retained a professional planning
consultant to assist in the preparation of a new Thoroughfare Plan for the City; and
WHEREAS, the City Council appointed the Planning and Zoning Commission to guide the
preparation of a workable Thoroughfare Plan for the City of Port Aransas; and
WHEREAS, the P&Z Commission reviewed and studied recommendations made by the
Planning Consultant for the Future Land Use Plan; and
WHEREAS, the Planning and Zoning Commission reviewed and refined the plan; and
WHEREAS, after several meetings and workshops, the Planning and Zoning recommended
approval of the plan to the City Council; and
WHEREAS, the City Council conducted a public hearing held on June 21, 2007 about the
Thoroughfare Plan and all persons were given the opportunity to present verbal and written
testimony.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARANSAS, TEXAS:
SECTION 1: That the Thoroughfare Plan, including the supporting documentation, which are
attached hereto and incorporated herein for all purposes is hereby adopted by the City Council as a
guide and public policy.
SECTION 2: That this Plan is intended to be the Public Policy, for all matters relating to long-range
guidance relative to zoning decisions, land use and growth management.
SECTION 3. EFFECTIVE DATE. As provided by Article III, Section 12.C. and by Article XII,
Section 2 of the Charter of the City of Port Aransas, this ordinance shall be effective upon adoption
and, in addition, if any penalty, fine or forfeiture is imposed by this ordinance, then this ordinance
shall be effective only after publication of this ordinance in its entirety or in summary form once in
the official newspaper of the City of Port Aransas.
SECTION 4. READING. As provided by Article III, Section 13 and Article III, Section 12.b. of
the Charter o f the City of Port Aransas, this ordinance or the caption of it shall be read at three city
council meetings with at least one week elapsing between each reading.
SECTION 5. SEVERANCE. If any part of this ordinance is invalid or void or is declared to be
so, then said part shall be severed from the balance of this ordinance and said invalidity shall not
affect the balance of this ordinance, the balance of the ordinance to be read as if said invalid or void
portion thereof were not included.
SECTION 6. PUBLICATION. As provided by Article III, Section 12.C., this ordinance shall be
published one time in the official newspaper of the City of Port Aransas, Nueces County, Texas,
which publication shall contain the caption of this ordinance stating in substance the purposes of
same.
PASSED, ORDAINED, APPROVED AND ADOPTED this
day of
BY:
ATTEST:
, 2007.
JUNE 21, 2007
ITEM/SUBJECT: A Resolution adopting FY 2007/2008 Goals.
Administration
COMMENTARY: Attached are the FY 2007/2008 goals that were discussed at the June 6TH Goals
Workshop.
CITY MANAGER
RESOLUTION 2007-____
WHEREAS, the City Council of the City of Port Aransas met on June 6. 2007 to discuss goals
for the City of Port Aransas. The FY 2007/2008 goals established are as follows:
Emphasized Top Council Goals:
•
Tax Relief
•
Maintenance/Operations Department
•
Infrastructure - complete existing bond & Oleander projects, SH 361, 11th Street
•
Impact Fees
•
Ferry - short term - staging lanes, long ter - study with TxDOT
•
New Alternate City Engineer
•
Airport Improvements
•
Marina Improvements - existing and new marina
•
Nature Preserve
Other Goals - Secondary Targets:
Information Services/Code Enforcement/Building Inspection - address personnel needs
Comprehensive Plan - finish the last pieces of the plan and tackle implementation by starting with
zoning map and code changes
Emergency Management - continue to build on past successes and further readiness.
Beach Maintenance
Financial Priorities
Infrastructure Maintenance and Progress:
•
SH 361, 11th Street - impact fees, possible traditional funding
•
Matching funds for federal/state grants - general fund regular funds - public safety
radio systems, etc.
Workforce and Organizational Quality:
•
Continue merit plan funding, added benefits - retirement and family health
•
Technology emphasis
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARANSAS, NUECES COUNTY, TEXAS THAT:
The City Council of the City of Port Aransas accepts the goals for FY2007-2008.
PASSED AND APPROVED THIS
21ST
DAY OF
JUNE , 2007.
______________________________
Claude Brown, Mayor
ATTEST:
__________________________________
JUNE 21, 2007
ITEM/SUBJECT: A Resolution supporting a multi-jurisdictional grant application by Corpus Christi
Police Department to the United States Department of Justice for inter-operable communications.
Administration
COMMENTARY: During the response to the brutal and twisted terrorist acts of Al Quida in the
destruction of the World Trade Center and killing of thousands of innocent American civilians in
New York City on Sept. 11, 2001, first responder agencies massed a huge inter-jurisdictional force
for the operation. FDNY and NYPD had communication problems and separate command posts.
Suburban ring cities responded and themselves had different communication technologies and
frequencies. A review of the incident by local, state, and federal officials noted that response
operations by police, fire, and EMS units could have better if communications would have been
interoperable. President Bush launched, and the U.S. Congress funded, homeland security initiatives
and military offensive operations, still ongoing today, known as the “war of terror.” One of the most
critical domestic agendas in providing for responder capability improvements in the event of further
terrorist activities was for public safety agencies within the United States to be able to communicate
with one another at the regional level. Seamless and complete abilities for public safety personnel
from one city to talk to their peers in another city and to cooperate on major incidents regardless of
the jurisdiction the emergency is in, is the aim. The mission in the domestic concentration of the war
on terror has other benefits to include furthering response capabilities in the event of natural
disasters. Federal funding for homeland security readiness activities continues to be contingent on
local governments demonstrating the will and committing the resources to furthering national and
state goals for incident command and national response training, changing plans and operations to
conform with National Incident Management System (NIMS) guidelines, and achieving higher levels
of interoperable communications.
In 2005, the City reviewed its radio system capabilities and began the journey toward
interoperability. The City’s current radio system is an effective very high frequency (VHF) system.
It provides good coverage and our police, fire, EMS, and beach lifeguards use it to communicate.
In the early 1990s, the coastal bend region, namely all the cities and both Nueces and San Patricio
county, migrated to an 800 MHz radio system. Two cities chose not to participate, and we were one
of them. During the first part of 2007, in working with our colleagues at the City of Corpus Christi,
we have secured tower site funding worth about $150,000 for an 800 MHz radio system via a CCPD
port security grant. The system will be placed on an existing building and there were no matching
funds required. We do have to share some 800 MHz licenses and fund a T-1 line to downtown as
part of the deal. The only missing components now are the dispatch interfaces and the radios
themselves. About $360,000 is still needed to outfit dispatch, the police department, fire department,
and EMS with radio equipment.
In meeting this need, we are seeking federal assistance and have been invited to join in a multijurisdictional application to the USDOJ under the COPS Tech program with CCPD and other
partners from Aransas County. Included is a resolution of support, a letter from USDOJ and a quick
information page on the program. We are asking Council for authorization to set aside $90,000,
which is identified in this year’s budget, for matching funds towards this grant application. We are
also identifying and applying to other programs, and working on lower cost alternatives in case
smaller grants are achievable or total local funding is needed in the future. In addition, we are
making requests for project funding via Congressman Ortiz’s office, as we have in the past two
years.
The successful funding of the application will result in the City having regional communications and
our public safety units being able to meet homeland security level 4 interoperability standards.
CITY MANAGER
ASSOCIATED INFORMATION: Resolution, Information page, Letter from U.S. Dept. of Justice
A RESOLUTION SUPPORTING A MULTI-JURISDICTIONAL GRANT
APPLICATION BY CORPUS CHRISTI POLICE DEPARTMENT TO THE
UNITED STATES DEPARTMENT OF JUSTICE FOR INTER-OPERABLE
COMMUNICATIONS.
WHEREAS, The City of Port Aransas has been invited to join in a multi-jurisdictional
application to the United States Department of Justice under the Community Oriented Policing
Services (COPS) Tech Program with Corpus Christi Police Department (CCPD) and other partners
from Aransas County; and
WHEREAS, the City’s current radio system, though an effective system, does not allow the
City to communicate with other jurisdictions in the event of a crisis; and
WHEREAS, the award of the Tech Program grant provides funding to local and state law
enforcement agencies for the procurement of technology that focuses on data information-sharing
and/or an enhancement of voice interoperability with regional, state and federal partners.
They are in support of a multi-jurisdictional grant application by Corpus Christi Police
Department to the United States Department of Justice.
day of
June
, 2007.
ATTEST:
JUNE 21, 2007
ITEM/SUBJECT: A Resolution authorizing the City Manager to apply for a grant from Texas Parks
and Wildlife Department State Boating Access Program.
Administration
COMMENTARY: This is a grant that we have the opportunity to apply for through Texas Parks and
Wildlife for improvements at the Harbor, concentrating on the boat ramp and surrounding amenities.
We can request up to $100,000 with a maximum $25,000 match, which will come from either the
Hotel/Motel Special Fund or from the Harbor Fund.
CITY MANAGER
RESOLUTION NO. 2007 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
A GRANT THROUGH THE TEXAS PARKS & WILDLIFE DEPARTMENT
STATE BOATING ACCESS PROGRAM.
WHEREAS, the City of Port Aransas, (hereinafter the “Sponsor”), is desirous of providing
for the construction of a boating access facility on the Corpus Christi Ship Channel at the City’s
Marina; and
WHEREAS, the State of Texas, acting through the Texas Parks and Wildlife Department
(hereinafter the “Department”), under the authority of Section 11.033 and 31.141 of the Parks and
Wildlife Code, would provide funding for such construction, and;
WHEREAS, the construction of such a facility would be of benefit to the citizens of the City
of Port Aransas as well as transient recreational boaters from the State and other states:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARANSAS, NUECES COUNTY, TEXAS, THAT:
The City is eligible for assistance and will enter into a project agreement with the
Department to provide for said construction on a reimbursement basis, with the
Sponsor providing 25% by appropriations or in-kind services, and the Department
providing 75% matching funds for work accomplished.
AND BE IT FURTHER RESOLVED: The City Manager is herewith authorized to sign any or all
documents pertaining to the construction;
AND BE IT FURTHER RESOLVED: That the Sponsor has matching funds available;
AND BE IT FURTHER RESOLVED: That the Sponsor will operate said facility; perform all
necessary maintenance and repairs to ensure public use, health and safety; and provide security
surveillance to eliminate creations of nuisance or hazard to the public or adjacent property owners;
for the life of the facility (minimum 25 years);
AND BE IT FURTHER RESOLVED: That said facility will be open at all reasonable times to the
public, and that revenue from any user fees will only be used to offset operation and maintenance
costs of any supported facilities;
AND BE IT FURTHER RESOLVED: That the application has been submitted to the appropriate
COG for review and comment, and a copy of these comments will be provided to TPWD prior to
funding approval.
day of
June
, 2007.
ATTEST:
Signature of Authorized in Resolution
Date
361-749-4111
JUNE 21, 2007
ITEM/SUBJECT: A Resolution authorizing the City Manager to award a bid for airport paving and
pothole/street repair.
Administration
COMMENTARY: On Thursday, June 14, bidding for the 2007 Temporary Street Repairs closed.
One bid was received, from Franco Paving Company (who built the 700’ portion of Beach Street in
2006).
The project consists of approximately 487 CY of pavement repair on various streets throughout the
City and also includes the construction of new transient aircraft parking areas at Mustang Beach
Airport.
There are two separate funding sources. The potholes are funded through the Small Drainage and
Street Projects Fund (city), and the airport portion is funded through a TxDOT Aviation RAMP grant
with a city match portion previously approved by council from the Airport Fund.
Funds permitting, we would like to approach TxDOT for an additional $7,000, which would require
another $7,000 in match from our Airport Fund to fully construct all the apron paving. We purposely
sent out a broader scope and plan for the apron paving with this in mind.
CITY MANAGER
ASSOCIATED INFORMATION: Resolution, Engineer’s comments
JUNE 21, 2007
ITEM/SUBJECT: Discussion and take appropriate action on the use of City vehicles for personal
use and taking home.
Administration
COMMENTARY: Councilman Bujan requested that this item be placed on the agenda.
CITY MANAGER
JUNE 21, 2007
ITEM/SUBJECT: Discussion and take appropriate action on directing staff to include provisions for
changes in the development code to remove Council’s powers to allow developers to post bonds in
lieu of infrastructure completion for platting.
Administration
COMMENTARY: Councilman Jensen requested that this item be placed on the agenda for
discussion and possible action.
CITY MANAGER
ASSOCIATED INFORMATION: Section 21.101
Sec. 21-101. Security.
The council may, in its discretion, accept security in lieu of completed construction as a condition
precedent to signature and recording of the final plat; provided, however:
(1)
Said security must be in the form of a cash deposit or letter of credit;
(2)
Said security must be in an amount at least sufficient to complete construction of all
improvements, in accordance with the final plat, the approved construction plans and specifications
and all standards, rules and regulations applicable to the improvements and their constructions,
without cost to the city, plus ten (10) percent;
(3)
Such letter or cash deposit agreement shall be approved as to form, sufficiency, and manner
of execution by the city attorney and city manager;
(4)
The terms, provisions and conditions of any letter of credit or deposit agreement must be
approved by the city attorney and city manager;
(5)
The letter of credit must be an unconditional guarantee, issued by a bank or other financial
institution approved by the council, agreeing to pay the city on demand a stipulated sum of money
to apply to the estimated cost of installation of all improvements for which the developer is
responsible;
(6)
Periodic withdrawals may be made from the cash deposit account for a progressive payment
of installation cost. The amounts of such withdrawals shall be based upon progress work estimates
and approved by the city manager. The amount on deposit shall at all times be no less than the
minimum security required hereunder;
(7)
The security will not be released until the improvements have been accepted by the city,
except for periodic releases of cash security as and to the extent allowed hereunder.
(Ord. No. 96-10, § 4, 7-25-96)
June 17, 2007
ITEM/SUBJECT: Discussion and take appropriate action on wrecker service fees.
Administration
COMMENTARY: At the April Council meeting, a Resolution was passed allowing an increase to
the wrecker service fee by $10.00 for a total of $135.00 allowed to the wrecker company, and if the
vehicle is impounded, a $10.00 fee to the City for each impoundment. The total cost for a tow is
now $145.00.
Councilman Jensen requested that this item be placed on the agenda to address the $10.00 fee the
City charges for each impoundment.
CITY MANAGER

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