February 26, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P.m. February 26, 2018
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The Following statement was posted:
"PIJRS DANT TO SECTION 30_07, PENAL CODE CTRESPASS ST LICENSE HOLDER
WITH AN OPENLY CARRIED MAN DGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGIJN THAT IS CARRIED
OPENLY_"
2_ INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
3_ CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a councilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately_
A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Austin to approve the Consent Agenda Items a-f as presented. MOTION CARRIED_
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_
Noes: None.
a. Minutes — February 12, 2018 regular meeting
to. January 2018 Coepartmental Reports
c. Tax Assessor Collection Report - January 2018
d. Consider a request from Brian English to utilize the Nederland Recreation Center
for spring and summer basketball leagues.
e. Consider action setting a public hearing for the purpose of establishing
Neighborhood Empowerment Zone II.
f. Consider action approving Resolution No. 2018-02, ratifying the action of the
Nederland Economic C3evelopment Corporation related to the incentive offered to
Columbine Properties, LLC (dba Whataburger)_
Minutes Continued, February 26, 2018
4. REGULAR AGENDA
a. Allen Nation, President of Adaptive Sports for Kids, made a presentation to City
Council regarding the upcoming Opening Day of baseball season. T-Shirts were
presented to Council by athletes.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to accept the Racial Profiling Report from the Nederland Police Department in
accordance with Article 2.132(b)(7) of the Texas Code of Criminal Procedure.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Neal to accept the Retiree Health Care Plan Actuarial Valuation Report from the
Finance Department. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to authorize the submittal of the Sanitary Sewer Overflow Agreement
Annual Progress Report to the Texas Commission on Environmental Quality.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Albanese to approve the Preliminary Plat of The Landing subdivision. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
f. The regular meeting was recessed and a public hearing was called to order at 4:54
p.m. by Mayor Nugent for the purpose of receiving comments regarding the
rezoning request for 111 South 15th Street, described as Lot 3 of 3 Carabin Addition
from R-1 (single family residential) zoning classification to R02 (duplex residential)
zoning classification.
Chris Duque, City Manager, said this rezoning is necessary to facilitate the
applicant's plan to construct a duplex. The Planning & Zoning Commission shall
review this item on March 6th then will make a recommendation and return to City
Council for consideration on March 12th. No action was necessary.
There were no comment either for or against this request.
There being no further questions and/or comments the public hearing was
adjourned and the regular meeting was reconvened at 4:56 p.m. by Mayor Nugent.
g. The regular meeting was recessed and a public hearing was called to order at 4:56
p.m. by Mayor Nugent for the purpose of receiving comments regarding a Specific
Use Permit request for 3503 Nederland Avenue, Lot 26, Block 9 of Airport #1.
Minutes Continued, February 26, 2018
Chris Duque, City Manager, stated Imtiyaz Ali submitted a Specific Use Permit
application to facilitate the opening of a liquor store at 3503 Nederland Avenue.
The property is zoned C-2 (Neighborhood Retail); as per the Zoning Ordinance, a
liquor store is only allowed in the zoning with a Specific Use Permit. The Planning
& Zoning Commission will review this item on March 6th, make a recommendation,
and return to City Council for consideration on March 12th.
No action was necessary.
There being no further questions and/or comments the public hearing was
adjourned and the regular meeting was reconvened at 5:02 p.m. by Mayor Nugent.
h. Chris Duque, City Manager, reported the 3rd and final pass for debris removal
following Hurricane Harvey was completed on November 10th. The City decided in
December to continue collecting debris from impacted homes since some property
owners were still in the process of demolishing and reconstructing. The 5th week
of January was focused solely on debris collection especially on 36th and 37th streets
and both sides of Nederland Avenue. This service is at no additional costs to
customers. There has been no overtime costs, so the only costs have been landfill
expense and wear and tear on city vehicles. Since February and March do not have
an extra week, debris pickup will be done on Fridays. Mr. Duque recommended to
continue to provide this service until the end of March and re-assess at the March
26th City Council meeting.
A motion was made by Councilmember Neal and seconded by Councilmember
Austin to continue debris collection through the end of March. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:10 p.m. by Mayor Nugent for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.072, Deliberations about Real Property.
6. RECONVENE
The regular meeting was reconvened at 5:31 p.m. by Mayor Nugent. He announced
the Executive Session was held for informational purposes only and no action is
necessary.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• The city does not have access to prisoner work crews and staff is trying to
resolve this before festival begins which will be in 2 weeks.
• Nederland Avenue bid has been delayed until March 6th. Consideration of
award to a contractor should be on the City Council agenda for March 12tH
Minutes Continued, February 26, 2018
8. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:33 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
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R. A. Nugen ayor
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT I
R.A. Nugent Mayor I
Talmadge Austin Council Member—Ward I
Billy Neal Council Member—Ward II
Don Albanese Council Member—Ward III v
Craig Belaire Council Member—Ward IV
Chris Duque City Manager ✓
Gay Ferguson City Clerk
Jesse Branick City Attorney ✓
Cheryl Dowden Director of Finance V
Darrell Bush Police Chief v
Gary Collins Fire Chief V
Robert Woods Director of Public Works V
George Wheeler Building Official V-
Victoria Klehn Librarian v
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary v
Angela Fanette Parks Director V
5 R.A0 ugent_h/97,t,5 or
AIAi /I_ I . '/_/
Ga 'rguson, i ty Cler
February 26, 2018
Date
00N c
ALLISON NATHAN GETZ TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR ';
1 1" omCHIEF DEPUTY
,
PEXA
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and
also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm,under
oath, that this amount $2,101,126.30, represents all taxes collected for CITY OF NEDERLAND
during the month of January 2018.
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE• P.O. BOX 2112•BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589