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January 14, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P_rrm_ January 14, 2019 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: "PURSUANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN 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 Neal to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Counci!members Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes - December 17, 2018 regular meeting IP- Consider action authorizing the closure of various city streets for the Nederland Heritage Festival activities. 4. REGULAR AGENDA a. The regular meeting was recessed and a public hearing was called to order at 4:32 p.m. by Mayor Nugent for the purpose of receiving comments regarding the request to rezone the property located at 1420 Avenue L, described as Lots 7 Si 8, Block 25 of Wagner Addition from R-2 (duplex residential) zoning to C-1 (office commercial) zoning. Chris Ouque, City Manager, reported Anthony"Blake" PashaII submitted a rezoning request for property located at 1420 Avenue L described as Lots 7 8t 8, Block 25 of Wagner Addition from 12-2 zoning (duplex residential) to C-1 (office commercial). In 1902 a church was built on property and was approved in a residential zoning Minutes Continued, January 14, 2019 district. Since that time, the City has amended its zoning ordinance to require a Specific Use Permit for a church in a R-2 residential zoning district. Since 1962 the building has been used as a church and after the zoning ordinance revisions, retained its legal non-conforming use status. Mr. Rashall purchased the property in 2017 and told Mr. Wheeler (Building Official) he assumed the property was zoned for a commercial use. Last fall Mr. Rashall began the process of selling/leasing the property. The prospective buyer was informed the property was not zoned commercial and the non-conforming use by the church expired. Mr. Wheeler and I discussed this request and share a concern that approving the request would constitute spot zoning. The Joint Public Hearing will allow interested parties to voice comments, concerns, questions, etc. The Planning & Zoning Commission shall review this item on January 15th and return a recommendation to City Council on January 28, 2019. No action was necessary. George Wheeler, Building Official, stated he feels this request meets the definition of spot zoning. If this request is approved and challenged in the court system, he feels the city would not win. This property is a commercial building but is a non- conforming use in a residential district. Anthony "Blake" Rashall, 2908 Boston, said his brother purchased this property in 2010 from Jehovah's Witness and the use stayed a church. When the church left, Mr. Rashall said he purchased the property from his brother and listed the property to be sold. He said he accepted an offer from Goosehead Insurance and discovered the non-conforming use when they went to Mr. Wheeler's office to inquire about permitting. They were informed the building was in a residential district although Jefferson County Appraisal District states a commercial building. Karl Leone, 1311 S. 15th Street, spoke for several neighbors who came to voice concerns regarding the rezoning request. He said the neighborhood is not against the insurance agency; however, if the zoning changes, it opens the door to any use at any time. There being no further questions and/or comments, the public hearing was adjourned and the regular meeting was reconvened at 4:48 p.m. by Mayor Nugent. b. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern Albanese to accept the Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin Neal, Albanese, and Belaire. Noes: None. c. Robert Woods, Director of Public Works, stated the striping has been completed on Nederland Avenue. There are a couple of items on the punchlist that will be completed soon. The close-out for Nederland Avenue will be brought to City Council on the first meeting in February. d. Chris Duque, City Manager, said the adopted FY 2018-2019 budget allocated $1.295M for the 2019 Streets Program ($275,000 from the General Fund and $1,020,000 from the Street Improvement Fund). Mr. Duque said he anticipates at least $300,000 remaining in the Nederland Avenue project once the project is closed out. Any unspent funds from the Nederland Avenue project will be made available for additional street work this summer. The proposed Streets Program is Minutes Continued, January 14, 2019 divided into 3 main components: BOMAG/Chip Seal projects, Concrete Repairs, and Hot Mix Overlay/Resurfacing. DESCRIPTION COST BOMAG/Chip Seal $ 240,200.00 Hot Mix Overlay 630,000.00 Concrete Repair and Replacement 480,000.00 JEFF Co. Materials 5,000.00 Engineering 115,000.00 Street Striping/Marking 50,000.00 Drainage Improvements 50,000.00 TOTAL $1,585,200.00 ANTICIPATED AVAILABLE FUNDS $1,595,000.00 BOMAG and Chip Seal Streets • Shelley - Beauxgarden Road to Dead End • Seattle - 30th to Dead End • Lawrence - Dead End to Dead End • Jackson - Twin City to Dead End • Ithaca - 13th to GSU ROW • 16th - Detroit to Elgin • 18th - Nederland to Atlanta • 20th - Nederland to Atlanta • South 14 '/z - Nederland to Dead End • South 16 - Hwy 365 to Dead End • South 1st - Nederland to Avenue D • 3rd — Boston to Dead End • Detroit - 11th to 9th • Avenue A - Hardy to South 37th • South 32nd - Hardy to Nederland • Elgin - 15th to 16th Single Coarse Chip Hot Mix Overlay_ • 26th - Gary to Detroit • 28th - Gary to West Chicago • South 3rd — Nederland to DD7 Ditch • Avenue D - Texas to South 6th • South 37th - Hwy 365 to Park • South 36th - Avenue H to Park • Park - Hwy 69 to Hill Terrace • 7th _ Nederland to Boston e. A motion was made by Councilmember Belaire and seconded by Councilmember Austin to approve Resolution No. 2019-01, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered to DuGood Federal Credit Union. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2019-01, authorizing participation with other Minutes Continued, January 14, 2019 Entergy-service area cities in matters concerning Entergy Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to award a contract to UA to perform engineering services for the Texas General Land Office Community Development Block Grant Recovery program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Councilmember Neal to engage Neches Engineers for design work and construction oversight of the Marion & Ed Hughes Public Library Roof project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:12 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney; and Chapter 551.074, Discuss Personnel - City Manager. 6. RECONVENE The regular meeting was reconvened at 5:59 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action was necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: January 22nd is the Heritage Festival Mixer at the Pavilion 8. ADJOURN There being no further business a motion was made by Councilmember Belaire and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 6:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. „„c- R. � R. A. Ngi4 yor City of Nederl 7 d, Texas Minutes Continued, January 14, 2019 ATTEST: �D G.y Ferguso , City Clerk City of Nederland, Texas Okl*; �. �J U}Gr tf)_ CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A. Nugent Mayor 9 Y .1/ Talmadge Austin Council Member—Ward I V Billy Neal Council Member—Ward II VDon Albanese Council Member—Ward III 1.7 Craig Belaire Council Member—Ward IV Chris Duque City Manager v Gay Ferguson City Clerk v Jesse Branick City Attorney V Cheryl Dowden Director of Finance V Gary Porter Police Chief Terry Morton Acting Fire Chief Robert Woods Director of Public Works George Wheeler Building Official v Victoria Klehn Librarian I/ Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director V R. . ugent, May Ai. ,I. � . ,A // �i . di ray Fergu-In, City Cie January 14, 2019 Date ORDINANCE NO. 2019-01 A ORDINANCE OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AND AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas or before municipalities in 2019, which may include (1) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true-ups, and (2) various fuel cost refunds or surcharges and reconciliations; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2019, and may file other fuel proceedings to refund or surcharge fuel charges; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: SECTION 1. The City of Nederland shall participate with other Cities to intervene in Ell's various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission of Texas or with municipalities in 2019. SECTION 2. The City of Nederland employs the Lawton Law Firm P.C. to represent the City with regard to the ETI rate matters before local and Public Utility Commission of Texas and any court of law and authorizes counsel to employ rate experts as are recommended by the Cities' Steering Committee to intervene in fuel or rate related proceedings at the Public Utility Commission concerning ETI's rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the action of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. This Ordinance shall be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas, this 14TH day of JANUARY, 2019. \``\\\\\11111III III7j1 '','', egy - R.A. `Dick" ent, Mayor J• ��a �:: c City of Neder and,Texas •—71%/77,77,U,00‘ !j trX0Ap (MY ay Ferguson, City Jerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Alleie Jes-- Br-Frck, City Attorney Ci' of lederland, Texas 2 • ,9 ° N o • �. co ' � CO coI M co - Cl) r+ my r« O tQ zm„ . -I A) ,--1--7[H,' ---.7-4:--1-:7 l'4 0is f r •1s ' • _ ID a .. _ G ■ N • �J>,t St �11 • - . _... ice 1_7 S ---. _._ N2 to St mo'. . y .11 ter!' I • te -- _ itg rid- ;„.N,-- _. _. _. -L CD '1% ID a • ' ' < OD 00 W 00 7 0, r 3 1 = 0 0 W ,62 � N (p S •-► cn CD 0 3 �. 4 r CD X. it s a1® m ,,,, is Nommik 1 ; s0 !