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REGULAR MEETING OF THE COUNCIL OF THE CITY OF ARANSAS PASS
600 W. CLEVELAND, ARANSAS PASS, TEXAS
JULY 1, 2019  -  6:00 PM


1.

CALL TO ORDER.

2.

INVOCATION AND PLEDGE OF ALLEGIANCE.

3.

PRESENTATIONS AND PROCLAMATIONS.

3.I.

Recognition of the following Aquatic Center Employees:

  1. Thomas Baker
  2. Kellon Wilson
4.

BOARD AND COMMISSION APPOINTMENTS.

4.I.

Aransas Pass Municipal Development District

5.

CONSENT AGENDA.

All of the following items on the Consent Agenda are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council member so requests. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
5.I.

Approval of the following meeting minutes: May 18, 2019 Special Meeting, May 20, 2019 Regular Meeting, May 21, 2019 Special Meeting, May 28, 2019 Special Meeting, May 29, 2019, and June 3, 2019 Regular Meeting.

6.

PUBLIC HEARINGS.

6.I.

Public Hearing - Voluntary Annexation

Consider and conduct a public hearing for the proposed voluntary annexation of certain property commonly known as 1939-2139 Kirby Road, Aransas Pass, Texas, being a legal description of 37.643 acres of land embracing a portion of Lot Nos. 1 and 2 and all of Farm Lot Nos. 3, 4, and 5 and Land Block 7, T.P. McCampbell Subdivision, Aransas County, Texas, according to the plat recorded in Volume 1, Pages 3 and 4, Plate Records of Aransas County, on Texas Highway 35 Bypass at Resendez Road.
6.II.

Resolution No. 2019-899 - Granting Petition to Voluntarily Annex

Consider, discuss and take action to approve Resolution No. 2019-899 hearing and granting a voluntary annexation petition from Southern Oaks RV Resort LLC, the property owners of an area of land commonly known as  1939-2139 Kirby Road, Aransas Pass, Texas, being a legal description of 37.643 acres of land embracing a portion of Lot Nos. 1 and 2 and all of Farm Lot Nos. 3, 4, and 5 and Land Block 7, T.P. McCampbell Subdivision, Aransas County, Texas, according to the plat recorded in Volume 1, Pages 3 and 4, Plate Records of Aransas County, on Texas Highway 35 Bypass at Resendez Road. 
6.III.

Ordinance No. 2019-4244 - Adoption of Southern Oaks RV Resort, LLC Voluntary Annexation

Consider, discuss and take action to adopt Ordinance No. 2019-4244 to voluntarily annex certain property commonly known as   1939-2139 Kirby Road, Aransas Pass, Texas, being a legal description of 37.643 acres of land embracing a portion of Lot Nos. 1 and 2 and all of Farm Lot Nos. 3, 4, and 5 and Land Block 7, T.P. McCampbell Subdivision, Aransas County, Texas, according to the plat recorded in Volume 1, Pages 3 and 4, Plate Records of Aransas County, on Texas Highway 35 Bypass at Resendez Road; And extending the boundary limits of the City so as to include the described property within the City limits, and granting to all inhabitants of the property all the rights and privileges of other citizens and binding the inhabitants by all of the Ordinances, Resolutions, Acts, and Regulations of the City; Adopting a Municipal Service Plan for the property; Providing instructions for filing the Ordinance and correcting the Official Map and boundaries of said City; Providing severability and cumulative clauses; and Providing an Effective Date. 
6.IV.

Public hearing on granting a Conditional Use Permit to allow Ronald Urbanczyk to place a private storage with boats in the southwest corner of W. DeBerry and S. Commercial Street (Legal Description: Lots 43-46, Block 7, Frick's Addition recorded in Volume 1, Page 6A, Plat Records of San Patricio County; Tracts A and B, Block 7, Frick's Addition, recorded in Volume 8, Page 20, Plat Records of San Patricio County, Texas.

6.V.

Consider and Act on Ordinance No. 2019-4245 granting a Conditional Use Permit (CUP) for one-year to Ronald Urbanczyk for the construction of a private storage with boats on a property zoned General Business (GB), property sits on the southwest corner of W. Deberry Ave. and So. Commercial Street, being Lots 43-46, Block 7, Frick's Addition recorded in Volume 1, Page 6A, Plat Records of San Patricio County, Tracts A and B, Block 7, Frick's Addition, recorded in Volume 8, Page 20, Plat Records of San Patricio County, Texas.

6.VI.

Public hearing on Case No. Plat 2019-01 for Gallagher Builders, Inc. for Phase II of Harbor Heights located at the northwest corner of So. Avenue A and Ebert Avenue (Legal Description: 7.941 acres being out of and a part of Farm Lots 3, 4, and 5, Land Block 75 of the T.P. McCampbell Subdivision according to the established map or plat thereof as recorded in the Envelope 11, Pages 21 and 22 of the Map Records, San Patricio County, Texas).

6.VII.

Consider and Act on Case No. Plat 2019-01 for Gallagher Builders for Phase II, Harbor Heights.

Case No. Plat 2019-01 for Gallagher Builders, Inc. for Phase II of Harbor Heights located at the northwest corner of So. Avenue A and Ebert Avenue (Legal Description:  7.941 acres being out of and a part of Farm Lots 3, 4, and 5, Land Block 75 of the T.P. McCampbell Subdivision according to the established map or plat thereof as recorded in the Envelope 11, Pages 21 and 22 of the Map Records, San Patricio County, Texas).
7.

CITY MANAGER.

7.I.

Consider and Act on request to permit fish cleaning service at Harbor Point Park.

7.II.

Consider and Act on the issuance of a Request for Proposals and qualifications for services related to the TxCDBG 2019-2020 Colonia Fund as administered by the Texas Department of Agriculture.

8.

COMMUNITY ENRICHMENT.

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

Consider and Act on the issuance of a Request for Proposals for the replacement and repairs for the entire HVAC System at the Aransas Pass Civic Center.

9.

DEVELOPMENT SERVICES.

Development Services includes the following: Building Services, Parks, Planning, Public Works, and Maintenance.
10.

FINANCE.

Finance includes the following: Utility Billing, Finance, Human Resources, and Meter Reading.
11.

INFORMATION TECHNOLOGY.

12.

PUBLIC SAFETY.

Public Safety inlcudes the following: Police, Fire, EMS, Harbor, and Emergency Management
13.

CITY COUNCIL OR STAFF ANNOUNCEMENT.

  1. Workshop Meeting - July 9, 2019
  2. Independence Day Celebration - July 3, 2019
14.

CITIZEN COMMENTS.

Citizen comments are intended for matters that are not scheduled on the agenda.  Please limit your comments to three minutes and state your name and address for the record.  Be advised that the Texas Open Meetings Act prohibits the City Council from responding and discussing your comments.  The law authorizes the following:
  • Make a statement of factual information,
  • Recite existing policy,
  • Advise that this subject may be placed on the agenda for a subsequent meeting.
15.

EXECUTIVE SESSION.

15.I.

Section 551.071 of the Texas Open Meetings Act to meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act relating to:

  1. Review Report for Municipal Court Audit.
  2. Annexation Proceedings.
  3. Association Against Annexation Abuse vs. City of Aransas Pass, Cause No. A-19-0169-CV-B in the 156th District Court of Aransas County, Texas.  Said Association Against Annexation Abuse legally represented by David L. Earl, Attorney, who also legally represents Rockport Terminals, LLC.
  4. Rockport Terminals, LLC vs. Carrie Scruggs, Herb Lancaster and Jessica Hernandez, Cause No. A-19-0171-CV-A in the 36th Judicial District Court of Aransas County.
  5. Pursuant to Section 43.0562(a) of the Texas Local Government Code, Aransas County appointed Negotiators' Proposals for City Consideration:  a)  Agreement in Lieu of Annexation; or b) Proposed Revision to Phase 2 Service Plan.
  6. Industrial District Agreements.
  7. South Texas Gateway Terminal Permit Application No. SWG-2006-02562.
15.II.

Section 551.071 of the Texas Open Meetings Act to meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and Section 551.087 for deliberations regarding economic development negotiations related to Rockport Terminals, LLC.

15.III.

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

15.IV.

Consider, discuss and take action on Resolution No. 2019-890 on whether to accept or deny each petition filed for inclusion into the Municipal Annexation Plan for Petitioners who reside or own land in the proposed Phase II annexation of property located North of Aransas Pass and extending up to the City of Rockport’s ETJ, and along Highway 35 Bypass and Highway 35 Business.

15.V.

Consider, discuss and take action on Resolution No. 2019-891 on whether to accept or deny each petition filed for inclusion into the Municipal Annexation Plan for Petitioners who reside or own land in the proposed Phase III annexation of property located on the (1) West side of Aransas Pass’ extraterritorial jurisdiction, on the North side of Highway 35 and between the cities of Aransas Pass and Gregory; and (2) South of W. Wheeler Ave. between FM 1069 and the West side of the City of Aransas Pass’ extraterritorial jurisdiction.

15.VI.

Consider, discuss and take action on whether to approve an Industrial District Agreement pursuant to terms offered by Rockport Terminals, LLC for property identified under Aransas County Appraisal District Property ID Nos. 14476, 14527, 14815, 59311, 8820337, 8820530, and 8821440.

15.VII.

Consider, discuss and take action on offers made by the Aransas County's appointed negotiators for the Proposed Phase 2 annexation service plan. Said offers are: (1) an Agreement in Lieu of Annexation; or (2) Revisions to City's proposed Phase 2 Annexation Service Plan.

16.

PUBLIC NOTICE is hereby given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the following provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code:

  1. Section 551.071, Contemplated or pending litigation or matters where legal advice is requested of the City Attorney.
  2. Section 551.072, The purchase, exchange, lease or value or real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person.
  3. Section 551.073, A contract for a prospective gift or donation to the city, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person.
  4. Section 551.074, Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint against an officer or employee.
  5. Section 551.076, The deployment or specific occasion for the implementation of security personnel or devices.
  6. Section 551.087, Deliberations regarding economic development negotiations.
17.

ADJOURNMENT.

18.

POSTING STATEMENT.

I certify that the above notice of meeting was posted at the Aransas Pass City Hall located at 600 W. Cleveland, Aransas Pass, Texas on _______________________, 2019 at ______ am/pm.

                                                                        Mary Juarez
                                                                        City Secretary