cme of ROCKPORT TEXAS City of Rockport CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, SEPTEMBER 10, 2024 - 6:301 P.M. ROCKPORT SERVICE CENTER 2751 STATE HIGHWAY 35 BYPASS ROCKPORT, TEXAS 78382 City Councilmembers Present: Mayor Tim Jayroe Mayor Pro Tem (Ward 4) Andrea Hattman Councilmember (Ward 1) Stephanie Rangel Councilmember (Ward 2) Matt Anderson via Zoom Councilmember (Ward 3) Brad Brundrett City Councilmembers Absent: City Staff Present: Vanessa Shrauner, City Manager Art Rodriguez, City Attorney Nathan Anderson, Police Chief None Bob Argetsinger Director ofInformation Technology Lee Brown, Director of Communications Center Kimberly Henry, Assistant to the City Manager Robbie Sorrell, Director of Finance Shelley Goodwin, City Secretary I. CALL TO ORDER that a quorum had been met. II. PLEDGE OF ALLEGIANCE Mike Donoho, Director of Public Works and Building & Development Services Mayor. Jayroe called the September 10, 2024, Regular Meeting to order at 6:30 p.m. and announced Mayor. Jayroe led the Pledge of Allegiance to the United States flag. III. CEREMONIAL MATTERSEMPLOYEE RECOGNITION Mayor. Jayroe announced he did not have any ceremonial matters or recognitions. IV.CITIZENS TO BE: HEARD Andrew Kane addressed the City Council, reading his statement from the online "Say No TIRZ" petition. He outlined his reasons for initiating the petition and expressed concerns about the Tax Increment Reinvestment Zone (TIRZ) process. Kane urged the City Council to pause the implementation of TIRZ and to further investigate and ask critical questions before moving forward V. CONSENT 1. Consider the approval of the City Council Minutes for the August 27, 2024, City Councilmember Brundrett pulled the. Agenda Item #1 offt the Consent the Agenda tol be considered Motion: A motion was made by Councilmember Brundrett and seconded by Councilmember Rangel to amend the City Council Minutes for the August 27,2024, City Council Regular Meeting to include the written comments that were received online. The City Council took the following Council Regular Meeting separately. vote: Mayor Jayroe Mayor Pro Tem Hattman aye Councilmember Rangel Councilmember. Anderson aye Councilmember Brundrett aye aye aye The City Council voted five (5)aye and none (0) nays. The motion passed unanimously. VI. BUDGET ANDT TAX RATERELATEDITENS 2. Fiscal Year 2024-2025 City of Rockport Budget . Hold a public hearing to receive comments for or against the proposed FY 2025 Budget MayorJayroe opened the public hearing at 6:45 p.m. regarding the Budget and Tax Rate. Terry Settabote, a retired teacher, expressed that she relies on her rental property income to avoid falling into poverty. She urged the City Council to vote no on the proposed Budget and Tax Rate. Brett Christine voiced concerns over rising taxes, stating that his taxes have increased annually. He criticized the use of tax funds for projects such as the Courthouse, Art Center, and drainage, Mayor Jayroe responded, affirming that the City Council is aware ofthe burden on taxpayers and takes their responsibilities seriously. He warned that without a tax increase, the City would face service reductions and potential employee layoffs. He also clarified that the Art Center was not Councilmember Brundrett added that despite property value increases, taxes have been reduced over the past three years. However, the City has been drawing from reserves, which are now below questioning the need for these projects amid tax increases. funded by taxpayer money. the desired levels needed for emergencies. Mayor. Jayroe closed the public hearing at 6:56 p.m. ii. Consider the approval of a single reading of Ordinance 1948 adopting a budget and appropriating resources for Fiscal Year 2424-2024, beginning October 1, 2024, and ending September 30, 2025; in accordance with existing statutory requirements; repealing all conflicting Ordinances; containing severability clause; and providing for an effective date Robbie Sorrell, Finance Director, noted that Ordinance 1948 does not require two readings for approval. He also confirmed that the FY2025 Budget includes only the amounts that have been previously discussed by the City Council. Mayor Pro Tem Hattman emphasized that both City Staff and the City Council worked diligently to maintain a lean budget, allowing for only one new employee, a police officer. She pointed out that budget information had been made accessible to the public through multiple meetings, the City's website, and social media platforms. Hattman stressed that failure to manage finances responsibly could result in employee layoffs and even lead the City towards bankruptcy. Motion: Upon a motion made by Councilmember Brundrett and a second by Councilmember Anderson to approve a single reading of Ordinance 1948 adopting a budget and appropriating resources for Fiscal Year 2424-2025, beginning October 1, 2024, and ending September 30, 2025; ina accordance with existing statutory requirements; repealing all conflicting Ordinances; containing severability clause; and providing for an effective date. The City Council voted by roll call: Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor. Jayroe aye The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 3. Consider the approval of second and final reading of Ordinance 1949 approving the assessment and renditions for the 2024 taxable property as submitted by the Appraisal District; levying a' Tax Rate for $100.00 valuation for the City of Rockport, Aransas County, Texas for the Tax Year 2024 of $0.235544 for the purpose of Maintenance and Operation, $0.169750 for the payment ofPrincipal and Interest on Debtofthe City for a Total Tax Rate of $0.405294; providing for a Lien on all Real and Personal Property to secure payment of taxes due thereon; containing a severability clause; repealing all Ordinances and parts thereof in conflict herewith; This' Tax Rate will raise more taxes for Maintenance and Operations than last year's The Tax Rate will effectively be raised by 14.57 percent and will raise taxes for Maintenance and Operations on a $100,000 home by approximately $21.96 Robbie Sorrell, Finance Director, stated there has been no changes since the September 3, 2024 Motion: Upon a motion made by Councilmember Brundrett and a second by Mayor Pro Tem Hattman to approve on second and final reading ofOrdinance 1949 approving the assessment and renditions for the 2024 taxable property as submitted by the Appraisal District; levying a Tax Rate for $100.00 valuation for the City of Rockport, Aransas County, Texas for the Tax Year 2024 of $0.235544 for the purpose ofMaintenance and Operation, $0.169750 for the payment of Principal and Interest on Debt oft the City for a Total Tax Rate of $0.405294; providing for a Lien on all Real and Personal Property to secure payment oft taxes due thereon; containing a severability clause; repealing all Ordinances and parts thereofin conflict herewith; and providing an effective date. This Tax Rate will raise more taxes for Maintenance and Operations than last year's Tax Rate. The Tax Rate will effectively be raised by 14.57 percent and will raise taxes for Maintenance and Operations on a $100,000 home by approximately $21.96. The City Council and providing an effective date. Tax Rate. Special Meeting. voted by roll call: Councilmember (Ward 1)Rangel aye Councilmember (Ward 2). Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor. Jayroe aye The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 4. Consider the approval to ratify the 2024-2025 property tax increase to support the Robbie Sorrell, Finance Director, stated that the Tax Code requires the City ratify the rate because Motion: Upon a motion made by Mayor Pro Tem Hattman t and a second by Councilmember Rangel to approve the ratification oft the 2024-2025 property tax increase to support the 2024-2025 Annual Budget and Capital Improvement Plan. The City Council voted by roll call: 2024-2025. Annual Budget and Capital Improvement Plan. the tax increase. Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor Jayroe aye The motion to approve passed unanimously; five (5) for and none (0) against. 5. Consider the approval of a single reading of Ordinance 1954 authorizing the issuance securing the payment thereof by authorizing the levy of an annual Ad Valorem Tax; and approving and authorizing the execution ofal Paying Agent/Registrar. Agreement, ap purchase letter, and all other instruments and procedures related thereto (amount Vanessa Shrauner, City Manager, mentioned that the City Council received the updated Ordinance Robbie Sorrell, Finance Director, reported that the City secured a 3.7% interest rate and that the principal amount ofaround $3,040,000 aligns with the estimated two-cent increase on the Interest Councilmember Brundrett also read a written statement from Patrick Kane, urging the City Motion: Upon a motion made by Councilmember Brundrett and a second by Councilmember Anderson to approve a single reading of Ordinance 1954 authorizing the issuance of $3,075,000 in principal amount of City of Rockport, Texas Tax Note, Series 2024; securing the payment thereof by authorizing the levy of an annual Ad' Valorem Tax; and approving and authorizing the execution ofal Paying Agent/Registrar Agreement, a purchase letter, and all other instruments and procedures ofs in principal amount of City of Rockport, Texas Tax Note, Series 2024; will be provided after the sale and at the meeting) and supporting documents following the bond sale. and Sinking side oftl the tax rate, which will support a seven-year tax note. Council to vote against the proposal. related thereto. The City Council voted by roll call: Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor Jayroe aye The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. VII. ORDINANCES, RESOLUTIONS AND PUBLIC HEARING 6. A request from JWTC to change the zoning of land located at 1117: N. Live Oak 1. Hold a public hearing to receive comments for or against the request Don Von Velzer, developer, stated her requesting to build up scaled 6 duplexes total of4 units. He reviewed the design and amenities which includes garages and meets all other codes and including infrastructure. He noted they are working to save all the trees they can. Mayor. Jayroe opened the public hearing at 7:07p.m. She noted that the City received 29 letters in opposition. Mayor. Jayro closed the public hearing at 7:10 p.m. Sue Pasch spoke against the request and noted most home on this street are single-family homes. Carey Dietrich, Asst. Director Building & Deveropmemucommuniy Planner, stated the Planning and Zoning Commission approved the request. She stated they did receive 29 letters in oppositions but only 3 live within 200'. She noted most the oppositions were regarding loosing trees and the development is not a single-family home. The City Council discussed the following: The 29 letters of oppositions and their concerns Zoning change in this area oftown. Other duplexes and apartments int the area Single-Family development instead since the market is in need ofaffordable housing Don Von Velzer stated the duplexes will arrange from $400.00 and will blend int the neighborhood. He stated they love trees and the project will benefit the area and the tax base. He stated duplexes are more cost efficient to build, than a single-family home. 2. Consider approval on first of two readings of Ordinance 1955 amending The Official Zoning Map as stipulated under Article 4.1 of the City of Rockport Zoning Ordinance Number 1027 by changing the zoning ofland from R1 (1st Single Family Dwelling District) for property located at 1117 NI Live Oak St.; also known as lots 5 - 12, Block 245, Smith & Wood Subdivision; to R3 (Duplex Dwelling District); repealing all Ordinances in conflict therewith; providing for severability; and providing an effective date. Motion: A motion was made by Mayor Pro Tem Hattman and seconded by Councilmember Rangel to deny the approval of Ordinance 1955 amending The Official Zoning Map as stipulated under. Article 4.1 ofthe City of Rockport Zoning Ordinance Number 1027 by changing the: zoning of land from R1 (Ist Single Family Dwelling District) for property located at 1117 N Live Oak St.; also known as lots 5-1 12, Block 245, Smith & Wood Subdivision; to R3 (Duplex Dwelling District); repealing all Ordinances in conflict therewith; providing for severability; and providing an effective date. The City Council took the following vote: Mayor. Jayroe Mayor Pro Tem Hattman aye Councilmember Rangel Councilmember Anderson aye Councilmember Brundrett aye aye aye The City Council voted five (5) aye and none (0) nays to deny. The motion passed unanimously. 7. Consider the approval of the second and final reading of Ordinance 1946 designating a geographic area located within the City of Rockport as a Reinvestment Zone for Tax Increment Financing purposes pursuant to Chapter 311 of the Texas Tax Code to bel known as Rockport Tax Increment Reinvestment Zone No. 1; describing the boundaries of the zone; establishing a Tax Increment Fund for the Zone; creating a Board of Directors for such Zone; providing a date for termination of the Zone; containing findings and provisions related to the foregoing subject; and providing a severability clause; establishing an effective date; and providing for related matters Vanessa Shrauner reviewed an error on page 276, which the corrected version was emailed to the City Council earliertoday. She noted that all the changes made at the first reading ofthe Ordinance Andrew Kane spoke in opposition to the TIRZ and regarding over 485 signatures that have been collected online in opposition to the TIRZ. He encouraged the City Council to slow down and Kathy Kane stated she served as a Councilmembers in a small town. She spoke in opposition to the TIRZ and encourage the City Council to slow down and put out better information. Brad Goebel, spoke in support ofTIRZ. He encouraged the City Council to focus on the facts and Karen Mella spoke in support ofTIRZ. She stated she is extremely proud of community to push through and stay strong. She noted tonight's vote is for the creation of the TIRZ and all the Donnie Garcia spoke in support of TIRZ. He reviewed the development projects that he has assisted with. He also reviewed the benefits of the creation ofa TIRZ and what it can do for the were made. hold a' Town Hall SO questions can be answered. the benefits the TIRZ will bring to the area and the City. potential benefits the creation ofa' TIRZ will bring to downtown and resident. downtown is the heart town. Kevin Baker stated he has heard and read comments about the TIRZ and he feels the City Council knows the truth. Scott Himes read the attached written comments. Mark Haggin spoke in opposition to the TIRZ. He stated the feelings within the community are not good. He also noted the people invest within the community without tax dollars. Miracle Jimerez provided handouts regarding good TIRZ projects and bad TIRZ projects. Bonnie Carile spoke in support of TIRZ. She relocated to Rockport because ofa bright future. She has invested ini the downtown area but there needs to be more improvements to attract people Jack Wright spoke regarding the legislature capped City taxes a few years ago and now cities are trying to find other legal avenues to provide infrastructure and develop cities. He noted there are over 460 TIRZ approved and active within Texas, which should be an easy vote to make. Dave Reed spoke in support ofTIRZ. Hei reviewed the benefits the creation ofa TIRZ will bring. Nole Byrne spoke in support ofTIRZ and saw firsthand to benefits ofTIRZ projects. Important opportunity and not going to increase any taxes. He noted he is a former banker for public funds tor make all the businesses downtown successful. and is available to help. John Jackson read the attached letter in support oft the TIRZ. Scarlett Embrey spoke regarding the six different meetings and work sessions the TIRZ was discussed by the City Council. She explained howaTIRZ works and anyone who is interested in learning more can find that information on the Comptroller's page. She noted that she and her husband are the developers that are willing to do the project downtown and they will not be receiving funds, taxpayers money or increase taxes. She encouraged the City Council to stay Mayor. Jayroe read Jon Heffron written comments (attached), he requested be read. Councilmember Anderson read Bill Beaker written comments (attached), he requested be read. Steve Lzvy spoke in support ofTIRZ. He noted he was born and raised in Rockport and loves this community. He also stated his graduate thesis paper was on TIRZ. He feels a TIRZ will help strong and support. cultivate the area which can sustain a' TIRZ. Mayor read Brode Miller comments. Councilmember Brundrett read Phil Salemi comments, he requested be read. Jeff Sjostrom spoke regarding the time spent on the TIRZ subject. He reviewed the TIRZ procedural steps and noted the City is currently in Step 1 or 4. He also stated he is excited about the future and for being in Rockport with all the opportunities al Reinvestment Zone can bring Mayor Jayroe stated all online comments that were submitted will be placed on the City website under Agendas and Minutes, he then read the following names of those who submitted online comments. McKenzie Vaught Susanne Patterson Bradley Vaught Jon Heffron Paige Stott Andrew Hernandez Lisa Hernandez PJ Harkins Barbara Smyth Patrick Rios Rebecca Reed Staci Gray Brad Hawkins Robert Cavazos Jordan Pilgrim Betty Pepau Shana Brader Lindsay Stanford Stephen Levy Tommy Nelms Bret Holmes Cora Thomas-Kmiec Bobby Pepau Alexa Wall Debra Stephens Janice Halderman Michelle Simmons Phil Salemi Emalee Loudermilk Jerry Brundrett Bill Boecker Laura Denham Mark Ladd Cole Kendall The City Council discussed the following: The realistic figure for 2031 The first TIRZ increment will occur in 2025 but are: not due until January 2026 Concerns with the affordability of downtown area The other two entities support for the' TIRZ The number oftimes the' TIRZ was discussed, notices int the paper, social media and on the website. Next steps, establishing a Board ofDirectors and the Board makeup. Motion: Upon a motion made by Mayor Pro Tem Hattman and a second by Councilmember Brundrett to approve on second and final reading ofOrdinance 1946 designating a geographic area located within the City of Rockport as a Reinvestment. Zone for Tax Increment Financing purposes pursuant to Chapter 311 of the Texas Tax Code to be known as Rockport Tax Increment Reinvestment Zone No. 1; describing the boundaries ofthe zone; establishingaT Tax Increment Fund for the Zone; creating a Board of Directors for such Zone; providing a date for termination of the Zone; containing findings and provisions related to the foregoing subject; and providing a severability clause; establishing an effective date; and providing for related matters.. The City Council voted by roll call: Councilmember (Ward 1) Rangel Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor Jayroe The City Council voted five (5)aye and none (0) nays. The motion passed unanimously. 8. Conder the approval of the second and final readings of Ordinance 1947 amending Ordinance No. 1911 which adopted the 2023-2024 Budget beginning October 1,2 2023, and ending September. 30, 2024; repealing all prior Ordinances in conflict herewith; providing for publication; and providing for an effective date (Budget amendment #6) Robbie Sorrell, Finance Director, stated there has been no changes since the August 27, 2024,2024 Motion: Upon a motion made by Councilmember Brundrett and a second by Mayor Pro Tem Hattman to approve on second and final reading of Ordinance 1947 amending Ordinance No. 1911 which adopted the 2023-2024 Budget beginning October 1, 2023, and ending September 30, 2024; repealing all prior Ordinances in conflict herewith; providing for publication; and providing for an Special Meeting. effective date (Budget amendment #6). The City Council voted by roll call: Councilmember (Ward 1)Rangel Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor. Jayroe 9. The City Council voted five (5)aye and none (0) nays. The motion passed unanimously. Consider the approval of the second and final reading of Ordinance 1950 amending the Code of Ordinances, Chapter 102 "Utilities" Article II. "Water Service", Division 3. "Service Charges" by amending water rates and fees for all customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith: and providing for an effective date Kathy Kane spoke against the amending water rates for out ofCity customers without justification. Robbie Sorrell, Finance Director, stated there has been no changes since the August 27, 2024, Motion: Upon a motion made by Councilmember Anderson and a second by Councilmember Brundrett to approve on second and final reading of Ordinance 1950 amending the Code of Ordinances, Chapter 102 "Utilities". Article II. "Water Service", Division 3. "Service Charges" by amending water rates and fees for all customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith: and providing for an effective date. The City She stated ifthere is no justification then the PUC will be petitioned again. Regular Meeting. Council voted by roll call: Councilmember (Ward 1) Rangel Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor Jayroe The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 10. Consider the approval of the second and final reading ofOrdinance 1951 amending the Code of Ordinances Chapter 102, Utilities', Article IV. "Surcharge Revenue Account', by amending Section 102-401 "Surcharge", to increase surcharge fee repealing all ordinances in conflict herewith; providing for severability; and providing an effective date Robbie Sorrell, Finance Director, stated there has been no changes since the August 27, 2024, Councilmember Brundrett stated he spoke with the Volunteer Fire Department who expressed their Motion: Upon a motion made by Councilmember Brundrett and a second by Councilmember Rangel to approve on second and final reading of Ordinance 1951 amending the Code of Ordinances Chapter 102, Utilities,ArticlelV.: "Surcharge Revenue. Account', by amending Section 102-401 "Surcharge", to increase surcharge fee repealing all ordinances in conflict herewith; providing for severability; and providing an effective date. The City Council voted by roll call: Regular Meeting. gratitude to the City Council for this increase, Councilmember (Ward 1) Rangel Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor. Jayroe The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 11. Consider the approval of the second and final reading of Ordinance 1952 amending the Code of Ordinances, Chapter 102 "Utilities" Article I. "In General,',sections 102-1, 102-3, 102-7and 102-9 and. Article II. "Water Service," Section 102-28 and adding section 102-15 regarding amending fees and adopting additional fees for utility services, including meter tampering fees; providing for the validity ofs said ordinance; repealing all prior ordinances in conflict herewith; and providing for an effective date Robbie Sorrell, Finance Director, stated there has been no changes since the August 27, 2024, Motion: Upon a motion made by Councimember Brundrett and a second by Mayor Pro Tem Hattman to approve on second and final reading of Ordinance 1952 amending the Code of Ordinances, Chapter 102 "Utilities". Articlel I."In General,", sections 102-1, 102-3, 102-7and 102- 9 and Article II. "Water Service," Section 102-28 and adding section 102-15 regarding amending fees and adopting additional fees for utility services, including meter tampering fees; providing for the validity of said ordinance; repealing all prior ordinances in conflict herewith; and providing Regular Meeting. for an effective date. The City Council voted by roll call: Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor Jayroe aye The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 12. Consider the approval of the second and final reading of Ordinance 1953 amending the Code of Ordinances, Chapter 102 "Utilities" Article III. Wastewater Service", Division 4. "Service Charges" by amending wastewater rates for all inside city customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith; and providing for effective date(s) Robbie Sorrell, Finance Director, stated there has been no changes since the August 27, 2024, Motion: Upon a motion made by Councilmember Brundrett and a second by Mayor Pro Tem Hattman to approve on second and final reading of Ordinance 1953 amending the Code of Ordinances, Chapter 102 "Utilities" Article III. Wastewater Service", Division 4. "Service Charges" by amending wastewater rates for all inside city customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith; and providing for effective Regular Meeting. date(s). The City Council voted by roll call: Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor Jayroe aye The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 13. Consider the approval of the second and final reading of Ordinance 1942 granting a Conditional Use Permit for the purpose of allowing the use ofa Park Modell RV as an office on the property located at 2562 FM3036; also known asa 76. Joseph Hollis Survey, 2.131 acres, City of Rockport, Aransas County, Texas; subject to compliance with the conditions stated within this Ordinance, as well as those stipulated in the City of Rockport Code of Ordinances; repealing all ordinances in conflict therewith; providing for severability; and providing an effective date (postponed from the August 27,2024 Regular Meeting) Carey Dietrich, Asst. Director Building & Development Community Planner, provided the information regarding Conditional Use Permits and provision in the Ordinances regarding Park Model RV. She encouraged the City Council to not approve the request and feels this will set a The City Council discussed the request and the discussion from the August 27, 2024, Regular Meeting. They also discussed possibly have the Planning and Zoning Commission review the Motion: Upon a motion made by Mayor Pro Tem Hattman and a second by Councilmember Rangel to deny on second and final reading ofOrdinance 1942 granting a Conditional Use Permit for the purpose ofallowing the use ofal Park Model RV as an office on the property located at 2562 FM3036; alsol known asa 76. Joseph Hollis Survey, 2.131 acres, City ofRockport, Aransas County, Texas; subject to compliance with the conditions stated within this Ordinance, as well as those stipulated in the City of Rockport Code of Ordinances; repealing all ordinances in conflict therewith; providing for severability; and providing an effective date (postponed from the August precedent for more requests. Ordinance. 27, 2024 Regular Meeting). The City Council voted by roll call: Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor Jayroe aye The City Council voted five (5)aye and none (0) nays to deny. The motion passed unanimously. 14. Consider the approval of Resolution 2024-21R appointing members to the Shelley Goodwin, City Secretary, reviewed the applications the City received. She also reviewed The City Council discussed the applications and asked that the applicants provide a resume or bio Motion: Upon a motion made by Councilmember Brundrett and a second by Councilmember Rangel to postpone the Resolution 2024-21R appointing members to the Convention and Visitor Bureau and establishing terms of office until September 24, 2024 Regular Meeting. The City Convention and' Visitor Bureau and establishing terms of office the composition oft the Board makeup. and to attend the meeting in case the City Council has questions of them. Council voted by roll call: Councilmember (Ward 1) Rangel Councilmember (Ward 2). Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye Mayor. Jayroe aye The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. VIII. OTHER ACTION ITEMS AND UPDATES 15. Consider the approval ofa Construction Change Directive #3 related to the new Kimberly Henry, Assistant to the City Manager, reviewed the directive. She noted that the City is now using Construction Change Directives instead of Change Orders to continue the work while we are negotiating thei related expenses. This Directive is for an addition door ont the utility building Motion: Upon a motion made by Mayor Pro Tem Hattman and a second by Councilmember Rangel to approve a Construction Change Directive #3 related to the new City Hall project. The City Hall project and the moving ofa a wall in the Fire Pump Room City Council voted by roll call: Councilmember (Ward 1) Rangel Councilmember (Ward 2). Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor. Jayroe The City Council voted five (5)aye and none (0) nays. The motion passed unanimously. 16. Consider the request from the' Tree & Landscape Committee to utilize funds from the Tree Preservation and Mitigation Account in the amount is $2,270.00 for the purpose of covering the overage of the original funding approved by City Council for thel lease of Billboards (total cost $13,320.00) Carey Dietrich, Asst. Director Building & Development Community Planner stated the Tree Committee switch billboard location for a better visibility with a difference of cost of$2,270.00 Motion: Upon a motion made by Mayor Pro Tem Hattman and a second by Councilmember Rangel to approve the request from the Tree & Landscape Committee to utilize funds from the Tree Preservation and Mitigation Account in the amount is $2,270.00 for the purpose of covering the overage ofthe original funding approved by City Council: for the lease ofBillboards (total cost $13,320.00). The City Council voted by roll call: Councilmember (Ward 1) Rangel Councilmember (Ward 2). Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor. Jayroe The City Council voted five (5) aye and none (0) nays. The motion passed unanimously. 17. Consider the request from the Tree & Landscape Committee to utilize funds from the Tree Preservation and Mitigation Account in the amount of $9,800.00 for the purpose ofremoving dead wood from the trees at Wandering Oaks Park. Carey Dietrich, Asst. Director Building & Development Community Planner, stated the has requested some assistance ini removing the dead wood from thel Live Oak" Trees in the neighborhood park. The park was deeded tot the City with an agreement that the Wandering Oaks Property Owners Association would maintain the park, unfortunately funds are not available for the removal ofthe dead wood and since the trees belong to the City, they are requesting the City Council approves Motion: Upon a motion made by Councilmember Brundrett and a second by Mayor Pro Tem Hattman to approve the request from the Tree & Landscape Committee to utilize funds from the Tree Preservation and Mitigation Account int the amount of$ $9,800.00 for the purpose ofremoving dead wood from the trees at Wandering Oaks Park. The City Council voted by roll call: $9,800.00 be spent from the Tree Preservation and Mitigation account. Councilmember (Ward 1)Rangel Councilmember (Ward 2). Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye aye aye Mayor Jayroe The City Council voted five (5)aye and none (0) nays. The motion passed unanimously. Councilmember Anderson stated he attended the Humane Society event on Friday, September Mayor Pro Tem Hattman reminded everyone that the City will hold a Q&A for the Special Event IX. CITY COUNCIL REPORT 6th. He stated there was a record ofi funds raised and the attendance. Ordinance on Thursday, September 12tha at 2:30. X. EXECUTIVE SESSION The City Council will recess its open meeting and reconvene in Executive Session pursuant to: Note 1: Texas Government Code $ 551.071, Consultation with Attorney Note. 2: Texas Government Code $ 551.072, Real Property Note 3: Texas Government Code $ 551.074, Personnel Matters Note 4: Texas Government Code $ 551.076, Security Note 6: Texas Government Code $ 551.089, IT: Security Note 5: Texas Government Code $ 551.087, Economic Development Negotiations Note 7: Texas Government Code $ 551.0745, Personnel Matters Affecting County The City Council will consider the following items in Executive Session. The Council may also consider any other matter posted on the agenda if there are issues that require consideration in Executive Session and the Council announces that the item will be considered during Executive 18. Consider: a legal briefing and take appropriate action regarding the Concho Street Project 19. Consider: a legal briefing and take appropriate action regarding the General Land Office Advisory Board Session. (GLO) Drainage Projects 1 XI. BUSINESS ITEM The City Council will reconvene into Regular Session upon the conclusion oft the Executive Session; the City Council may take action on any item posted in the Executive Session as necessary. XII. ADJOURN Motion: Uponam motion made by Councilmember Rangel and as second Councilmember Brundrett to adjourn the Tuesday, September 10, 2024, City Council Regular Meeting at 9:18 p.m. The City Council voted by roll call: Councilmember (Ward 1) Rangel aye Councilmember (Ward 2) Anderson aye Councilmember (Ward 3) Brundrett aye Mayor Pro Tem (Ward 4) Hattman aye Mayor. Jayroe aye The motion to approve passed unanimously; five (5) for and none (0) against. im Jayroe Mayor Shelley-Goodwin, TRMEICMC City Secretary 26hn P. Jackson First, let me say this. Tonight's vote is not about the Embrey's proposed harborfront development. . But many have turned it in to that, and have even gotten personal and have stooped to new lows. Tonight is only aboute establishing a TIRZ which will provide much needed infrastructure for the downtown area and the harborfront area is just a catalyst make it happen. And it will transform Rockport and all of Aransas County. Itwill be game changing for not only the downtown area but also the extra revenues being made available for other parts of the City's general fund, but also a significant rise in sales taxes, which now makes up 25% of the general revenue, and then HOT taxes because of enhanced tourism and commercial activity. A TIRZ is a very effective economic tool which will have the effect of providing more commercial based revenue as opposed to our local residential property owners carrying a vast majority of the local tax base. 7 And if the harborfront development does not succeed and itnever happens as proposed, IC can pretty much guarantee that the next developer who comes along will likely not have the same genuine caring attitude toward Rockport. The Embreys have a history here that goes back generations and they are local tax paying citizens. Their plans are to give back to the public, access to the downtown waterfront that has been private for over 100 years. They plan a 2 acre park in the middle of the development, a boardwalk around the entire waterfront and their plansinclude family activities, music and art, and a quality of life enhancement in SO many ways. Of course it will also include streetscapes, splash pads, drainage, and all of this with low density residential. The next developer who comes along will probably not have that attitude and itwill most likely be high density residential like SO many developments on the Texas coast and beyond. Soyes, tonight is solely about whether or not to establish a TIRZ. My firm belief is that none of this can or will happenwithouta TIRZ. Sowhatl Ia am sayingi is that we might never have another developer who has a true interest in Rockport like the current proposal has. Solsay, don'tlook a gift horse in the mouth because I'm betting the next one who comes along will be much more profit oriented rather than being a good and truly caring citzen.Andistrongy believe that attitude is why the Bass family has chosen them because, as many in our community already knows, the Bass family has been quite generous for decades in this community in SO many ways. John P.Jackson 312 Olympic Drive Citizen Participation Form Rockport City Council Est. 1870 Citizens are encouraged to watch City Council meetings online rather than in person due to concerns related to the spread of COVID-19. Citizens wishing to address the City Council may submit comments on any topic or agenda item electronically by utilizing this Citizen Participation Form. Alli forms must be received by 4:00 p.m. on the date of the meeting and will be read att the meeting. First Name: Brodie Address: 108 Bay Hills Dr City: Rockport Date of meeting: September 10, Last Name: Miller State: TX Zip: 78382 If you wisht to be contacted, please provide the following: Phone Number: Email Address: Company/Organization represented, if any: N/A Citizens to be heard: (All speakers are limited to no more than three (3) minutes.) MI: Item 7TRZ Agenda Item(s) to be addressed: Other Topic: Public Hearing(s): (Allspeakers are limited to no more than three (3) minutes per Public Hearing.) Public Hearing Agenda Item(s) to be addressed: TIRZ N-3 Statement tol be readi intor record: As a Rockport resident, taxpayer, and small business owner,Irespectuly, request that my city councilman make a motion. to table this particular item to provide more timé to educate taxpayers on the subjectifthat is one ofthe options available. (Statements are limited to2 2,000Characters.) Receive an email copy of thist form. Email Address: This fieldi is not part oft the form submission. Revised 05/04/2023 Public Statement on Agenda Item #7 Jon Heffron Mon 9/9/2024: 2:20PM To:Shelley Goodwin godwnerocpertagon Irequest that MayerTim vprged my statement into the record as lam unable to attend tonight's meeting. Dear Council ME Members, The Council should reject the anti-TIRZ petition. This non-binding petition is laced with flawed and charged language that might trigger many taxpayer residents to sign it. To wit: "Public taxpayer dollars should not fund private development" Taxpayers living outside the TIRZ would have a higher tax burden" Hard-earned money will enrich private developers rather than supporting public "Aransas County is not a ticket for private developers to profit from our tax dollars" The petition's underlying premises are misleading or reflect a basic misunderstanding ofa services that enhance our lives" "Public money should fund our public needs, not private pockets" TIRZ. Under a TIRZ, the developer does not pocket one penny of taxpayer money. The developer fronts all the public infrastructure costs and is reimbursed only after the infrastructure has been put in place in compliance with a development agreement with the city. The developer receives no profit or mark up on the construction of the Because of the public infrastructure and subsequent development, the tax value of the property increases. A portion of the increased incremental taxes repays the developer for fronting the infrastructure costs, and the taxing entities pocket the difference. In other words, more tax dollars become available for public needs and Taxpayers who live outside the TIRZ boundaries do not see any increase in their tax The TIRZ is a no lose situation for the city and taxpayers. Ift the developer fails or does not complete the public infrastructure per city requirements, it will not be reimbursed. If the development is successful, the public infrastructure is paid for with a portion of the incrementally increased property taxes on the property, and the remaining increased tax revenues benefit the city and taxpayers. publicinfrastructure. services - not less. burden. If anything, they see a reduction. 4/ The council should reject the petition and approve the TIRZ. bas Citizen Participation Form Boards and Commissions E:E-1676 Citizens are encouraged to watch City Council meetings online rather than in person due to concerns related to the spread of COVID-19. Citizens wishing to address the City Council may submit comments on any topic or agendai item electronically by utilizing this Citizen Participation Form. All forms must be received! by 4:00p.m.ont the date of the meeting and willl ber read at the meeting. First Name: Phil Address: 1913Crescent City: Rockport Phone Number: Date of meeting: August 27, 2024 J9--84 Last Name: Salemi State: Tèxas Zip: 78382 Ify you wisht to be contacted, please provide thet following: Email Address: Company/Organzation represented, ifany: NA Citizens to be heard: (All speakers are limited to no more than three (3)r minutes.) Agenda Item(s) to be addressed: OtherTopic: Public Hearing(s): (All speakers are limited to no more than three (3) minutes per Public Hearing.) Public Hearing Agenda Item(s) to be addressed: reGd at 9-10-84 yy Asked to Statement to be read into record: Twish 1 was wnting to congraculate everyone cn anding an Nvidia chip plant herei in Aransas County sut thatis rot the case. Sadly, whether iti is iocation. proximity, politics or some unknown force we have not been attractive to industry that creares higher paying jobs. Our community. has to scratch our heada little hard det dig a litle deepec and be wiling to entertain Let me give warning to those who are deciding on this proposal first. The nattering natocs of negativis sm refer to as the consortum of KRH & Co. are the trumpets of NO! They remind me of Churchil'st thoughts on socialism that iti is a phlosophy of failure. the creed of ignorance and the gospel of envy, its only inherent virtue is the equal sharing of misery. These people prosper on rear mongering and would have our community frozen in Cme. They are a Shakespearean tragedy akin to King Lear I is imperative that they be heard but ignored. Communities are growing or dying: there is no middle ground. This proposal utilizes a tested means of public/private financing that IS the ony way to make such projects economically feasible. E puts no burden on the taxpayer and the only possible outcome is a wwider tax base beneniting ail in the community. The plans for the area are truly awe inspiring with my only fear being the magnitude of the project. However. that can be said of many things in the past and we have to look no further than. our own state. where the 7ch wonder of the modern worid. the Astrodome was built. That too had naysayers that nave. been forever silenced. - believe this project wll succeed and be a catalyst for. more great things to come; the catalyst we need to ultimately land higher paying jobs that will recuce. the numoer of children living in, poverty locally, this snould be our primary Let me be clear thati support this project and TIRZ finanong prooosal 100% ard a5k youto creative ideas to attract healthy development. goal. vore : for the Jroject (Statements are limitedt to 2,000 Characters.) Receive ane email copy oft this form.s Email Address: This teidi IS nor part on mes vurm submission. Revised 05/04/2023 Citizen Participation Form Rockport City Council Et. 1870 Citizens are encouraged to watch City Council meetings online rather than in person due to concerns related to the spread of COVID-19. Citizens wishing to address the City Council may submit comments on any topic or agenda item electronically by utilizing this Citizen Participation Form. Allforms must ber received by 4:00 p.m. on the date of the meeting and willl ber read at1 the meeting. First Name: Patrick Address: 1123 E Cedar St City: Rockport Date of meeting: September 10, Last Name: Kane State: TX Zip: 78382 Ify you wisht to be contacted, please provide the following: Phone Number: 7032008917 NA Email Address: Company/Organization represented, ifany: Citizens to be heard: (All speakers are limited to no more than three (3) minutes.) Agenda Item(s) to be addressed: OtherTopic: Public Hearing(s): (Alls speakersare limited to no more than three (3) minutes per Public Hearing.) Public Hearing Agenda Item(s) to be addressed: Statement to be readi into record: Yet again, the cityis misrepresenting information. The "fiscal analysis" states "the approximately: $3,040,000 principal dollar amount is roughly, what two cents added to the Interest and Sinking side oft the tax rate will support in the form of a seven-year tax note." What you should have been told is the 2 cent increase was due to rising debt payments The tax rate was çalculated by the Tax Assessor and does not include this loan. If you recall, you were told during the budget workshop, that the debt had to be in place before it could be included in the tax rate calculation, o this proposed loan clearly wasn't part of the equation Unless the city is retiring, a lot of debt this year, our tax rate will go up again next year. Isn'ta Itis ridiculous to approve any. debt on a first and only reading. This is a change to past practice, and it denies the citizens an opportunity to engage in the process. Do you really think four days, two of which are over the weekend, is enough time for citizens to understand lalso find it comical the city staff highlighted part of the Local Government Code showing "a resolution, order, or ordinance CALLING AN ELECTION to authorize" debt as justification, for not needing a 2nd reading. Ifthe city is proposing to put this loan on the ballot,lam all for it; Please vote no on this agenda item and require staff to resubmit the request as two readings. Also ask them to show scheduled principal and interest payments for all outstanding loans so you know the impact ofadding $3MM in debt. This information should have already been included in the the agenda paçket; however, they have no reason to provide iti if you're not associated with 8 loans the city took out between 2012 and 2022. for the 2 cent increase. 52.2% increase over the last three years enough already? the issue and to provide input? however, that clearlyi isn't happening. going to demand this information. (Statements are limitedt to 2,000 Characters.) Receive an email copy of this form. Email Address: This field is not part oft thet form submission. Revised 05/04/2023