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March 26, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDEFtLAND 4:30 p_m_ March 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_ 12r" Street, Nederland, Texas. See attached for quorum. The following statement was posted: "F.IDRS DANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN 3, 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 Austin to approve the Consent Agenda Items a-d as presented. MOTION CARRIECo- Alfas: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_ Noes: None. a. Minutes — March 12, 2018 regular meeting b. February 2018 Departmental Reports c. Tax Assessor Collection Report - February 2018 d. Consider action authorizing the closure of various city streets and the use of Tex Ritter Park for the 2018 Relay for Life event. 4_ REGULAR AGENDA a_ Rezoning: Chris Duque, City Manager, reported several rezoning requests were approved previously as action items. It was later verified the rezone requests should have been approved by ordinance. Minutes Continued, March 26, 2018 i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve Ordinance No. 2018-05, regarding the rezoning of Lots 1-13, Block 1, and Lots 1, 2 &7-13, Block 2, J.D. Ford Addition from I-1 (Light Industrial) zoning classification to R-1 (Single-Family Residential) zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. NOES: None. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Ordinance No. 2018-06, regarding the rezoning of Lot A, being a 19.8105 acre tract and Lot B, being a 3.9016 acre tract, known as Sterling Ridge Commercial from I-1 (Light Industrial) zoning classification to C- 3 (Highway Retail) zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2018-07, regarding the rezoning of 156.08 acre tract known as Airport Business Park Subdivision from R-1 (Single-Family Residential) zoning classification to I-1 (Light Industrial) zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2018-08, regarding the rezoning of 1616 Highway 365, Meadow Garden Estates Mobile Home Park, being 5.074 acres of land, described as part of Lots 3 &4, Block 14, Range G, Port Arthur Land Company from C-3 (Highway Retail) zoning classification to R-4 (Manufactured Home) zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. v. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2018-09, regarding the rezoning of 2619 Avenue A, described as Lots 10, 11, and 12, Block 4, Hillcrest Addition from R-1 (Single-Family Residential) zoning classification to C-2 (Neighborhood Retail Commercial) zoning classification. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: none. b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an Interlocal Agreement between the City of Nederland and Jefferson County, Precinct 2, in regard to road repair work. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Ordinance No. 2018-10, amending the fiscal year 2017-2018 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, March 26, 2018 d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the purchase of console furniture for MCML Central Dispatch via state-approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to extend debris and reconstruction debris collection and disposal services until the end of April. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:53 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- Chief of Police Darrell Bush. 6. RECONVENE The regular meeting was reconvened at 5:17 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: • The new utility rates will take effect on April 1, 2018 after the delay due to Tropical Storm Harvey when city council voted to delay new rate increase for 6 months. • City Offices will be closed on Friday, March 30th in observance of Good Friday. • Relay for Life will be April 28th if anyone would like to sign up to work at the city's booth. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:19 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. MOMtes continued, March 26, 2018 . -: )' 1 2" R. A. Nugent/ ayor v.Q r 11/:1(12 City of Nede and, Texas 're=ter Mr .L AL .y Fergus! , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Mayor R.A. Nugent Ma y Talmadge Austin Council Member—Ward I V Billy Neal Council Member—Ward II V Don Albanese Council Member—Ward III '✓ Craig Belaire Council Member—Ward IV V/ Chris Duque City Manager v Gay Ferguson City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance V ry Darrell Bush Police Chief V/ �ti(N1 Fire Chief V Robert Woods Director of Public Works v George Wheeler Building Official V 1 / Victoria Klehn Librarian v Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director v A I /_; , _ R. A. ug-'t,' ,/ or i // -,041_:Af cay erguso City er March 26, 2018 Date 00 N C� ALLISON NATHAN GETZ = �' TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR ( ! CHIEF DEPUTY 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 $664,335.80, represents all taxes collected for CITY OF NEDERLAND during the month of February 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 ORDINANCE NO. 2018-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, PROVIDING THE CHANGING OF ZONING FROM I-1, LIGHT INDUSTRIAL TO R-1, SINGLE FAMILY RESIDENTIAL FOR LOTS 1-13, BLOCK 1, AND LOTS 1, 2 & 7-13, BLOCK 2, J.D. FORD ADDITION WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS,the property owners of Lots 1-13, Block 1,and Lots 1,2&7-13, Block 2,J.D. Ford Addition requested a change in zoning from the Light Industrial(I-1)zoning classification to the Single-Family Residential(R-1)zoning classification;and WHEREAS,the Nederland City Council and the Planning&Zoning Commission conducted a Joint Public Hearing on September 26,2011,in the time and manner and after notice required by law and applicable ordinances;and WHEREAS, the Planning & Zoning Commission met on October 4, 2011 to discuss the rezoning request and unanimously recommend approval;and WHEREAS, the Nederland City Council deems it is appropriate to make the requested zoning change. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. The zoning district classification of Lots 1-13, Block 1, and Lots 1, 2 &7-13, Block 2, J.D. Ford Addition is changed from Light Industrial (I-1) to Single Family Residential(R-1). SECTION 3. 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 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED THE 26Th day of MARCH,2018. oER APPROVED: >-:* rF—,;% "!� �S R.A.Nugent, ayor 'v�: ORDINANCE NO. 2018-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, PROVIDING THE CHANGING OF ZONING FROM I-1, LIGHT INDUSTRIAL TO C-3, HIGHWAY RETAIL FOR LOT A, BEING A 19.8105 ACRE TRACT AND LOT B, BEING A 3.9016 ARCE TRACT, KNOWN AS STERLING RIDGE COMMERCIAL WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS,the property owner of Lot A, being a 19.8105 acre tract and Lot B, being a 3.9016 acre tract, known as Sterling Ridge Commercial requested a change in zoning from the Light Industrial(I-1)zoning classification to the Highway Retail(C-3)zoning classification;and WHEREAS,the Nederland City Council and the Planning&Zoning Commission conducted a Joint Public Hearing on September 26,2011,in the time and manner and after notice required by law and applicable ordinances;and WHEREAS, the Planning & Zoning Commission met on October 4, 2011 to discuss the rezoning request and unanimously recommend approval;and WHEREAS, the Nederland City Council deems it is appropriate to make the requested zoning change. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. The zoning district classification of Lot A,being a 19.8105 acre tract and Lot B,being a 3.9016 acre tract,known as Sterling Ridge Commercial is changed from Light Industrial(I-1)to Highway Retail(C-3). SECTION 3. 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 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED THE 26TH day of MARCH,2018. `` quuuuunp, 4.?Ki :14; APPROVED: R.A.Nuge ,Mayor City of Nederland,Texas CLU''/ / (_0 ,A G Fergusonity Clerk City of Nederland APPROVED AS TO FORM AND LEGALITY: •� -t.. Jesse Bran �,City Attorney Ci y of N:•erland,Texas ORDINANCE NO. 2018-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, PROVIDING THE CHANGING OF ZONING FROM R-1, SINGLE FAMILY RESIDENTIAL TO I-i, LIGHT INDUSTRIAL FOR THE 156.08 ACRE TRACT KNOWN AS AIRPORT BUSINESS PARK SUBDIVISION WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS, the property owner (Jefferson County) of the 156.08 acre tract known as Airport Business Park Subdivision requested a change in zoning from the Single Family Residential (R-1)zoning classification to the Light Industrial(I-1)zoning classification;and WHEREAS,the Nederland City Council and the Planning&Zoning Commission conducted a Joint Public Hearing on December 19,2011,in the time and manner and after notice required by law and applicable ordinances;and WHEREAS, the Planning & Zoning Commission met on January 10, 2012 to discuss the rezoning request and unanimously recommend approval;and WHEREAS, the Nederland City Council deems it is appropriate to make the requested zoning change. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. The zoning district classification of the 156.08 acre tract known as Airport Business Park Subdivision is changed from Single Family Residential(R-1)to Light Industrial(I-1). SECTION 3. 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 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED THE 26TH day of MARCH,2018. ```OH 11mi/hq%i APPROVED: `` DER�;9 . ' o• ti - �. 2 �l •. a U ;�� Ii) : ` R.A.Nugent Mayor •.• 4.1s. •� City of Nederland,Texas •., lllllllll Iwo ll 114 IVI Gay Ferguson, ity Clerk City of Nederland APPROVED AS TOFORM AND LEGALITY: Jesse 7ranic ,City Attorney City• N-•erland,Texas ORDINANCE NO. 2018-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, PROVIDING THE CHANGING OF ZONING FROM C-3, HIGHWAY RETAIL TO R-4, MANUFACTURED HOME FOR 1616 HIGHWAY 365 (MEADOW GARDEN ESTATES MOBILE HOME PARK), BEING 5.074 ACRES OF LAND, DESCRIBED AS PART OF LOTS 3 & 4, BLOCK 14, RANGE 6, PORT ARTHUR LAND COMPANY WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS, the property owner of 1616 Highway 365 (Meadow Garden Estates Mobile Home Park), being 5.074 acres of land, described as part of Lots 3 &4, Block 14, Range 6, Port Arthur Land Company, requested a change in zoning from the Highway Retail (C-3) zoning classification to the Manufactured Home(R-4)zoning classification;and WHEREAS,the Nederland City Council and the Planning&Zoning Commission conducted a Joint Public Hearing on December 10,2012,in the time and manner and after notice required by law and applicable ordinances;and WHEREAS,the Planning&Zoning Commission met on December 11,2012 to discuss the rezoning request and unanimously recommend approval;and WHEREAS, the Nederland City Council deems it is appropriate to make the requested zoning change. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. The zoning district classification of 1616 Highway 365 (Meadow Garden Estates Mobile Home Park), being 5.074 acres of land, described as part of Lots 3 &4, Block 14, Range 6, Port Arthur Land Company is changed from Highway Retail(C-3)to Manufactured Home(R-4). SECTION 3. 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 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED THE 26TH day of MARCH,2018. "NEDERLy APPROVED: .Z. ' ie � R.A.Nugen Mayor C �'� City of Ned rland,Texas • ATTE�i�uanu� : Ii Al A/_ G:y Ferguson$City Clerk • City of Nederland APPROVED AS TO FORM AND LEGALITY: Jesse •ranic , ity Attorney City .f Ne.-rland,Texas ORDINANCE NO. 2018-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, PROVIDING THE CHANGING OF ZONING FROM R-1, SINGLE FAMILY RESIDENTIAL TO C-2, NEIGHBORHOOD RETAIL COMMERCIAL FOR 2619 AVENUE A, DESCRIBED AS LOTS 10, 11, AND 12, BLOCK 4, HILLCREST ADDITION WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to utilize police power regulation of health,safety,and general welfare of the public;and WHEREAS,the property owner of 2619 Avenue A,described as Lots 10,11,and 12,Block 4,Hillcrest Addition requested a change in zoning from the Single Family Residential(R-1)zoning classification to the Neighborhood Retail Commercial(C-2)zoning classification;and WHEREAS,the Nederland City Council and the Planning&Zoning Commission conducted a Joint Public Hearing on August 25, 2014, in the time and manner and after notice required by law and applicable ordinances;and WHEREAS,the Planning&Zoning Commission met on November 11,2014 to discuss the rezoning request and unanimously recommend approval;and WHEREAS, the Nederland City Council deems it is appropriate to make the requested zoning change. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY ORDAINS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. The zoning district classification of 2619 Avenue A,described as Lots 10,11, and 12,Block 4, Hillcrest Addition is changed from Single Family Residential (R-1)to Neighborhood Retail Commercial(C-2). SECTION 3. 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 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED THE 26TH day of MARCH,2018. `````"uwuinnuq'' APPROVED: o, ER/ ti 'k Vii) R.A.Nugen , iyor 10 a 1 i �1�f:z a 34,) ` f' ��:o, City of Neder .nd,Texas Vai4i;;Z; CR 1C0\ la...LI J d,L ,i# 1 say Fergus.;,Ci y Clerk I City of Nederland APPROVED AS TO FORM AND LEGALITY: 4/ '- C Jesse :rani. ;City Attorney City •f Ne.-rland,Texas STATE OF TEXAS )( )( INTERLOCAL AGREEMENT COUNTY OF JEFFERSON )( WHEREAS,Jefferson County,Texas,by and through its Commissioners' Court as authorized by Chapter 791 of the Government Code and the City of Nederland, a body politic of the State of Texas, for the mutual benefit of the citizens they serve, desire to enter into a contract to provide certain services to each other,and; WHEREAS, Jefferson County, Texas through Commissioner Precinct Two has, from time to time,capacity to provide labor and equipment suitable for the repair of roadways,and; WHEREAS, the City of Nederland, has, from time to time, the need to maintain and repair streets and roadways which it owns,and; WHEREAS, the city of Nederland, does not have the labor or equipment suited for such construction and/or maintenance,and; Now,therefore,know all men by the these presents: City of Nederland and Jefferson County hereby agree as follows: 1. Jefferson County shall furnish labor, equipment and material to repair certain streets, listed on Exhibit A incorporated herein when and as determined at the discretion of the Commissioner for Jefferson County Precinct Two, subject to the requirements of Section 791.014 of the Government Code. 2. The City of Nederland shall furnish Precinct Two, with materials needed in exchange for the labor and equipment. The City of Nederland will supply 4,000 gallons of CRS-2 oil. 3. Consideration for the repairs herein contemplated shall be determined and mutually agreed from time to time depending on the scope of the repair needed. 4. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 5. This agreement shall be construed according to the laws of the State of Texas. 6. Nothing in this agreement shall be construed to create the existence of an agency relationship between the parties. 7. Any employee of a party performing services pursuant to this agreement shall not be deemed to be the agent of the party receiving services under this agreement. 8. The parties further agree, pursuant to Sec. 791.015,Texas Government Code, that any dispute regarding the terms of this agreement will be submitted to an agreed upon mediator for resolution. Executed on the day of ,2018. di di Jeff R.Branick R.A."Dic " �'' gent Jefferson County Judge Mayor,City •f Nederland ORDINANCE NO.2018-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017- 2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted the Fiscal Year 2017-2018 City Budget;and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment"A"attached hereto;and, WHEREAS,the 2017-2018 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2017 and ending September 30,2018,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2017-2018 is amended to allow for adjustments in revenues and expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. 0 \``` ��,,,,,,,PPSSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A E0 �1 �TING THIS THE 26th DAY OF MARCH,2018. ce_om;•- II/ `y }�/ :c _ R.A.Nuge f Mayor S.�. ����-, City of Ne•erland,Texas NT`s /t � . ay Fergus n,City Clerk APPROVED AS TO FORM AND LEGALITY: Jesse :ranick City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2017-2018 DATE: March 26, 2018 DEPARTMENT: Police FUND: MCML Dispatch (70) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 70-0000-4360 Grants& Entitlements - 66,100 66,100 70-2100-6210 General Office Supplies 5,500 66,100 71,600 TOTAL 5,500 132,200 137,700 JUSTIFICATION Funds are allocated for the purchase of new dispatch consoles. The Southeast Texas Regional Planning Commission will reimburse the City for the expense; those funds will be deposited in the grants&entitlements line item. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of