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October 14, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1:204etober 14, 2019 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. The following statement was posted: PU RSUANT 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 CHANDGIJN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2. 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 Neal and seconded by Councilmember Hollier to approve the Consent Agenda Items a-b as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - September 23, 2019 regular meeting and September 27, 2019 special meeting. b. Requests: • Consider action authorizing the closure of Boston Avenue between 14th and 17th Streets and all intersections on Tuesday, October 15th for the National Night Out event and the Nederland Fire Department Open House. Consider action authorizing the closure of Boston Avenue between Twin City Highway and 14th Street and all intersections on Saturday, October Y9th for the NECiC's Fall Market may event. • Consider action authorizing the closure of Boston Avenue between 15th Street and 17th Street and all intersections on Thursday, October 31.. for the Nederland Chamber of Commerce's Trunk-R.-Treat event. ▪ Consider action authorizing the closure of Boston Avenue from 12th Street to 17th Street and all intersections on Saturday, december 7th for the Christmas on the Avenue event. ▪ Consider action approving a request from the Nederland Rotary Club to utilize IDoornbos Park for the annual Hooked on Fishing, Not on C[rugs (HOFNOID) event. Minutes Continued, October 14, 2019 4. REGULAR AGENDA a. Recognition of Retiree: Police Sergeant David Odom. The meeting was recessed at 4:35 p.m. until 4:39 p.m. in order to congratulate Sergeant Odom. e. A motion was made by Councilmember Root and seconded by Councilmember Hollier to approve an amendment to the collective bargaining agreement between the City of Nederland and the International Association of Firefighters, Local 3339. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. b. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tem Neal to accept a donation from the Nederland Heritage Festival Foundation to the Nederland Police, Fire, and Parks & Recreation departments. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve a request from the Nederland ISD to utilize the Nederland Recreation Center as the secondary evacuation location for Hillcrest Elementary School. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. The regular meeting was recessed and a public hearing was called to order at 4:47 p.m. by Mayor Albanese for the purpose of receiving comments regarding the request for a Specific Use Permit for the property located at 3503 Nederland Avenue, Suite C, to operate a private poker club, which has an unlisted zoning use. Chris Duque, City Manager, stated the public hearing is being held to receive comments regarding LNT Entertainment Company's request for a Specific Use Permit for property located at 3503 Nederland Avenue, Suite C, to operate a private poker club, which has an unlisted zoning use in the city's Zoning Ordinance. Interested parties will have the opportunity to express concerns, comments, questions, etc. regarding this request. The Planning and Zoning Commission will meet later to prepare their recommendation to City Council to be considered on October 28th. No action was necessary. Annette Bailey, 3528 Avenue A, spoke against the private poker club stating there isn't enough parking. June Burnaman, 3521 Avenue A, spoke against the poker club saying there isn't enough parking. She was also concerned with the close proximity to the liquor store and the people who walk along the road that there would be more theft. Nikki Tran, 3515 Nederland Avenue, said she is not in favor of a private poker club in Nederland. She is also concerned with theft and perhaps counterfeit money. Dr. Michael McMahon, 3417 Nederland Avenue, spoke against the poker club saying parking would be a big issue. He was concerned with people coming in and out making donations at Booster Buddies which is located next door. He also was Minutes Continued, October 14, 2019 concerned with increased foot traffic. Dr. McMahon's parents voiced concerns about the women who work at the shop and about their safety. They were also concerned about more traffic on Nederland Avenue which is already congested with traffic. Gene and Carolyn Martinez, 35th Street, said their backyard is steps away from the proposed poker club. They stated concerns about being able to sleep at night when people leave the poker club at 2:00 a.m. They questioned what benefit the poker club would have to Nederland. They brought up the traffic and number of vehicle wrecks along this portion of Nederland Avenue and getting in and out of the parking lot would be hazardous. Melinda Ardoin, mother of Lane Helveston - the owner of Texas Poker Club in Beaumont, said there will be no drinking and the clientele will be upper scale professional poker players. She said parking will be adequate and no one will be destroying property or parking on the street. They will have security cameras inside and outside. Texas Poker Club has a location in Beaumont and has had no issues and have had no police calls. George Wheeler, Building Official, reported an application for a Specific Use Permit for a private poker club was received in May of 2019. The City of Nederland's Zoning Ordinance does not have a listing for this use and the only avenue for unlisted uses is through the specific use permit process. If the specific use permit was approved, Mr. Wheeler said the city would have to list private poker clubs as a use listed in the zoning ordinance. Since Mr. Wheeler felt this type of business could easily become a burden on the surrounding residential neighborhood, so if approved, there would need to be several requirements attached to this permit. Lane Helveston, owner of Texas Poker Club, said they have been in operation for 15 months in Beaumont without one issue on parking or noise. Only cards would be played at the proposed location in Nederland and he said he doesn't anticipate any problems. He said he will negotiate with neighbors, such as the thrift shop, for parking spaces to be used after they close. He said they have 12 full-time employees. There will be no alcohol being sold and the clientele is by membership only. Don Albanese, Mayor, said City Council will take everything said tonight into consideration and wait to hear the recommendation from the Planning & Zoning Commission which will meet October 15, 2019. There being no further questions and/or comments the public hearing was adjourned and the regular meeting was reconvened at 5:23 p.m. by Mayor Albanese. f. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to authorize the purchase of a one-half ton crew cab truck via state- approved contract for the Public Works Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Root and seconded by Councilmember Hollier to authorize the solicitation of bids for a waterslide for the Nederland Swimming Pool. MOTION CARRIED. Minutes Continued, October 14, 2019 Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. A motion was made by Councilmember Austin and seconded by Councilmember Root to postpone setting a public hearing for the purpose of considering and taking action including approval of an agreement with the law firm of Linebarger, Goggan, Blair & Sampson, LLP as special counsel to perform all legal services necessary to collect unpaid fines, fees, and court costs as provided in Texas Code of Criminal Procedure, Article 103.0031 and authorizing the executive of such agreement. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. i. A motion was made by Councilmember Hollier and seconded by Councilmember Root to approve Ordinance No. 2019-32, grant a franchise agreement with CenterPoint Energy Resources Corp. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 5. COMMUNICATION a. Miscellaneous: • Construction Update from City Manager: i. Main Sewer Line Rehabilitation project. 3 line segments have been installed: Will be working on 12th Street, Avenue N, and 15th Street next week. Line segments along Avenue H have been cleaned and televised before and after the railroad crossing. ii. Concrete Street Rehabilitation project. Curb on 33rd from Moore to Franklin will be placed this week; inlet boxes on Moore intersection are scheduled to be poured; contract is tearing out pavement from Moore to end of project and will begin removal of concrete; and contractor is scheduled to pour concrete on October 22"d for half of the west side of 33rd between Moore and Nederland Avenue. • Wastewater Collection System Update: Smoke testing will be performed from Oct 21St through Nov. 8th in the area between Helena and Nederland Avenues from 31st to 33rd Streets. • Public meeting on food trucks will be October 21St. • National Night Out October 15th at 5:30 p.m. • Special Workshop is tentatively scheduled for October 28th at 3:00 p.m. to discuss the street program. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Root to adjourn the meeting at 5:35 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Ion Albanese, 'ayor City of Nederland, Texas \\`0111111111/,,,� \\\\���NBIUri s Continued, October 14, 2019 O • • •:�� ,,� • �(/ ''•Wssvii '''''' COU _ ,A1 IL if( . �.l iay Fergus,n, City Clerk' City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESET ABSENT Don Albanese Mayor V Talmadge Austin Council Member-Ward I Billy Neal Council Member-Ward II V Emmett Hollier Council Member-Ward III V Sylvia Root Council Member-Ward IV V 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 v Terry Morton Fire Chief I Robert Woods Director of Public Works George Wheeler Building Official V Victoria Klehn Librarian V Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director V 4/!.. -_. ...____--- on Albanese, Mayor Pg-OA -(A-(1) Gay F e g rCity Clerk October 14, 2019 Date