November 12, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEE)ERLANO
4:30 p_m. November 12, 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:
"F.LJRSUANT TO SECTION 30.07, PENAL COE)E (TRESPASS BY LICENSE HOLOER
WITH AN OPENLY CARRIEE) HANOGUN), A PERSON LICENSEE) IJNOER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COE)E (HANE)GUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANE)GUN THAT IS CARRIEE)
OPENLY_"
2_ INVOCATION ANE) PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Cleric_
3_ CONSENT ^GENOA - 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-c as presented. MOTION CARRIEE).
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
a. Minutes - October 22, 2018 regular meeting
b. Consider action authorizing the closure of Boston Avenue from 17th Street to 13th
Street and all intersections on Saturday, December lit for the Christmas on the
Avenue event.
c_ Consider action authorizing the closure of Nederland Avenue from 21_ t Street to
12th Street, 12th Street from Nederland Avenue to Boston Avenue, 14th Street from
Nederland Avenue to Boston Avenue and Boston Avenue from 12t" Street to 17th
Street on Tuesday, December 4th for the Annual Lighted Christmas Parade.
Minutes Continued, November 12, 2018
4. REGULAR AGENDA
a. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve a proclamation in regards to the Nederland Masonic Lodge
No. 1368 Open House Day. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
Casey Maxwell accepted the proclamation and invited everyone to attend the Open
House on Thursday from 5 p.m. - 7:00 p.m. at the Masonic Lodge.
b. The regular meeting was recessed and a public hearing was called to order at 4:37
p.m. by Mayor Nugent for the purpose of receiving comments regarding the request
for a Specific Use Permit for the property located at 3205 Nederland Avenue to
construct a vehicle oil and lube shop.
Chris Duque, City Manager, said Captain's Management, LLC (Stephen Dahl)
submitted a Specific Use Permit (SUP) application request to facilitate a vehicle oil
and lube shop at 3205 Nederland Avenue. The property is zoned C-2
(Neighborhood Retail). The Zoning Ordinances only allows this use in a C-2 District
with a SUP. The property currently has a single family residential home which will
be demolished for the construction of the oil and lube shop. This public hearing
will allow interested parties to voice comments, concerns questions, etc. The
Planning & Zoning Commission will review this item on November 13th, 2018 and
then return to City Council with their recommendation on November 19, 2018. If
City Council were to approve this request, Mr. Wheeler recommends the following
conditions be set:
1. Once the SUP is approved, no building, premises, or use of the land
approved under the submitted information shall be enlarged, modified, or
structurally altered unless an amended SUP is granted for the alternations or
enlargement. Minor changes or alterations may be approved by the Building
Official.
2. The building permit shall be secured within 6 months of granting the SUP.
3. If approved and in the future, the ownership changes hands or the owner
changes the business name, the same requirements and conditions shall remain.
4. If the property becomes abandoned or discontinued fora period of 6 months,
the SUP becomes null and void and a new SUP would be required.
5. The parking requirement is a minimum of 6 spaces measured 8' wide by 18'
long.
6. Complete engine overhaul work is prohibited.
7. All described vehicle work shall be performed inside the enclosed building;
this does not include trouble-shooting work.
8. No engine parts shall be stored outside unless enclosed from visibility by a
solid wood fence.
9. Any and all accessory items, such as oil drums, being kept or stored shall
be stored inside a building or behind a solid wood fence.
10. The City's Storm Water Ordinance shall be complied with at all times.
11. All exterior property concrete shall remain stain-free from fluid spills and/or
leaks.
12. A six-foot wooden fence shall be erected across the rear property line and
maintained by the business owner.
13. All parking and security lights shall be shielded from shining into the
adjacent residential property.
Minutes Continued, November 12, 2018
14. No repair work shall be performed after 10 p.m. to avoid a disturbance to
adjoining residential property owners.
15. All vehicles in need of repair will be parked or stored on the property and
if parked overnights shall be parked behind a solid wood fence. No vehicles shall
be parked on the street right-of-way.
Mr. Dahl presented architect's rendering of the facility which is proposed. He said
it will a 2-bay shop at a cost of just under $1M. There would be no vehicle lifts but
would gave a basement area for the work to be done. Customers (guests) will stay
in their vehicles and enjoy coffee or hot chocolate while their vehicle is being
serviced. Vehicles stay no longer than 1 hour on the lot and there will be no
overnight storage of vehicles. They provide oil and lube service and no tires will
be sold.
George Wheeler, Building Official, added an additional condition, #16, if approved
the list of conditions with the SUP will be recorded at the court house in the property
records.
There were no comments 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 4:49 p.m. by Mayo Nugent.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to declare surplus dispatch console furniture and approving a donation of
surplus furniture to Orange County Emergency Services District #2. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
d. Grants:
i. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to authorize the submittal of a U. S. Department of
Homeland Security's Assistance to Firefighters Grant application. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to authorize the acceptance of the U.S. Department of Homeland Security's
Interoperable Communications Sustainability Project grant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. Contracts/Purchases:
i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve an interlocal agreement between City of Nederland and Region
II Education Service Center (GoodBuy Purchasing Cooperative) for purchasing.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, November 12, 2018
ii. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to authorize the purchase of a dump truck via GoodBuy for the Streets
Department. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
iii. A motion was made by Mayor Pro Tem Albanese and seconded by
Councilmember Austin to authorize the purchase of a Ford F-150 truck via GoodBuy
for the Parks & Recreations Department. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
iv. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to authorize the purchase of a Ford F-150 truck via BuyBoard and a Ford
Intercepter Utility via GoodBuy for the Police Department. 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 an interlocal agreement with the North Central Texas Council
of Governments to utilize actuarial services. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
vi. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve a master agreement and engagement letter with Gabriel,
Roeder, Smith & Company for GASB 75 OPEB Valuation. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve Resolution No. 2018-16, amending the city's investment
policy permitting greater use of investment pools to maximize return.
Councilmember Belaire voiced concern regarding the safety of the pool
investments. He said even though the risk is small, there is a risk. Councilmember
Neal rescinded his motion to approve Resolution No. 2018-16 until more research
can be made on the safety of the investment pool. Mayor Pro Tern rescinded his
second. There was no action taken on this item due to lack of motion.
g. Chris Duque, City Manager, reported the proposed amendment to the Sign
Ordinance will add Section 84.42 and amend Section 86-62 (f) adding language
that signs and/or billboards of a sexual-nature or that are patently offensive are
prohibited. The remaining amendments tie-in the existing language authorizing
staff to remove illegal signs. The ordinance will become effective after require
publications.
A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to approve Ordinance No. 2018-33, amending the Sign Ordinance.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, November 12, 2018
5. COMMUNICATION
City Manager's Report:
a. Rob Woods gave an update on the Nederland Avenue project. He said phase I
of the project is substantially completed. Base work on phase II will continue
and chip seal will begin later this week.
b. Miscellaneous - Chamber Coffee in the morning at 8:00 a.m. hosted by NISD.
6. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Neal to adjourn the meeting at 5:30 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
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City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESET ABSENT
R.A. Nugent Mayor u
Talmadge1
Austin Council Member-Ward I V
Billy Neal Council Member-Ward II V
Don Albanese Council Member-Ward III V
Craig Belaire Council Member-Ward IV /
,
Chris Duque CityManager q
Gay Ferguson City Clerk V
V
Jesse Branick City Attorney
Cheryl Dowden Director of Finance \/'Gary Porter Police Chief
Terry Morton Acting Fire Chief V/
V
Robert Woods Director of Public Works i/
George Wheeler Building Official `'
Victoria Klehn Librarian \/
Holly Guidry
Human Resources Director V
Joni Underwood Executive Secretary \/
Angela Fanette Parks Director
/ I , ,
R. '. Nuge t,rti for
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„ar , /fiat AA
t ay Fergus , ity-er ler p
November 12, 2018
Date
oak
•
•
ORDINANCE NO. 2018-33
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING CHAPTER 84 "SIGNS" OF THE
CODE OF ORDINANCES, CITY OF
NEDERLAND, TO INCLUDE PREVENTION
OF SIGNAGE SEXUAL IN NATURE OR
OFFENSIVE, AND PROVIDING FOR AN
EFFECTIVE DATE
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 Nederland City Council seeks to improve, preserve, and
enhance the scenic and natural beauty of property within the city limits by
regulating and controlling signs and outdoor advertising billboards. The
Nederland City Council finds that such regulation and control is in the public
interest and in furtherance of the health, safety, and general welfare.
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. Chapter 84 "Signs", is hereby revised with the
following revisions:
A. Amend Chapter 84,Article II,Section 84-35(a)as follows:
Any temporary sign which may be erected, posted, affixed or displayed in violation of
sections 84-30 through 84-34 and 84-42 may be removed and impounded by the director
of public works or any employee of the department of public works acting on the
instruction of the director. All such signs shall be impounded for period of not less than
30 days at a storage area designated by the director for such purpose. Any sign so
removed and impounded may be redeemed by the owner thereof upon payment of a
removal and storage fee in the amount of$50.00 for each such sign so redeemed. Such
fee shall be in addition,and not in lieu of,any fine imposed upon such owner for violation
of any provision of this article.
B. Amend Chapter 84,Article II,Section 84-36 as follows:
The director of public works may not order the removal of any sign, other than a
temporary sign,unless he shall first find and determine that such sign:
(1) Is displayed in violation of sections 84-30 through 84-34 and 84-42;and
(2) Was first erected,posted,or affixed in violation of a local,state,or federal ordinance,
law,statute or regulation then in effect at the time of such initial erection,posting,or
affixing.
C. Add Chapter 84,Article II,Section 84-42 as follows:
Whether on-premises or off-premises, it shall be strictly prohibited to erect, post, affix,
display,etc.signs that are obscene in which the dominant theme of material taken as a
whole appeals to a prurient interest in sex, or is patently offensive because it affronts
community standards relating to the description or representation of sexual matters,and
is utterly without redeeming social value.
1
D. Amend Chapter 84,Article Ill,Section 84-62(f)as follows:
Zoning district provisions. Billboard structures and use shall be restricted to a C-3,
Highway Retail Zoning District.
(1) Whether on-premises or off-premises, it shall be strictly prohibited to erect, post,
affix, display, etc. signs and/or billboards that are obscene in which the dominant
theme of material taken as a whole appeals to a prurient interest in sex,or is patently
offensive because it affronts community standards relating to the description or
representation of sexual matters,and is utterly without redeeming social value.
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 12TH day of NOVEMBER, 2018.
APPROVED:
,1 /.
R. A. Nuge i' Mayor
City of Ned,rland, Texas
ATTEST:
ib-0_1 �A-Q �&
Gay Fergson, City
Cle'k
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Jess: = :Aat26....,
Attorney
City • ederland, Texas
2