March 11, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. March 11, 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. 12«' Street, Nederland, Texas. See attached for quorum.
The Following statement was posted:
"1.1.1R5 DANT 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 Chris Duque, City Manager.
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 Councilmember Belaire and seconded by Councilmember Austin
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Bellaire.
Noes: None.
a_ Minutes - February 25, 2019 regular meeting
b_ Consider action regarding a request from Nederland Independent School District
to utilize the Nederland Swimming Pool, Doornbos Park, and the Nederland
Recreation Center for end of the school year parties.
c_ Consider action regarding a request from Brian English to utilize the Nederland
Recreation Center for spring and summer basketball leagues.
4_ REGULAR AGENDA
a. The Jefferson County Master Gardeners Club was recognized for their volunteer
gardening work and planting tulip bulbs along Boston Avenue. The City appreciates
their service to the community.
b_ Nederland Domino's was recognized for their on-going support of the Nederland
community. Domino's continues to support Trash Bash, Monsters in the Park, and
summer movie nights at the swimming pool by providing pizza to patrons.
Minutes Continued, March 11, 2019
c. Streets:
i. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Neal to approve an engineering services agreement with Schaumburg & Polk, Inc.
for the 2019 Hot Mix Overlay project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Neal to approve an engineering services agreement with Schaumburg & Polk, Inc.
for the 2019 Concrete Street Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
iii.A motion was made by Councilmember Belaire and seconded by Councilmember
Austin 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, and Belaire.
Noes: None.
iv. Chris Duque, City Manager, reported one of the most frequent complaints the
city received is inadequate street lighting in neighborhoods. He presented a draft
of a Street Light project to be completed over the next several years. The first
step would require field work to inventory the existing street lights in the city to
update the city's mapping data. The city would engage an intern from Lamar or
LIT to complete this work. The inventory data would include the location of each
street light, the type of light, wattage, and note obstructions near or adjacent to
the street light. Entergy would provide information on wattage and type of bulb.
After the GIS maps are updated with this street light layer, staff will begin to assess
where the underserved areas without any street lights or distances between street
lights exceeding 200 to 250 feet. No action was needed.
d. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem
Neal to approve Ordinance No. 2019-08, amending the fiscal year 2018-2019
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, & Belaire.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Neal to approve a License to Encroach Agreement regarding property located at
307 8th Street. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
f. The regular meeting was recessed and a public hearing was called to order at 4:49
p.m. by Mayor Nugent for the purpose of receiving comments regarding the
possible amendment to the Zoning Ordinance Permitted Use Table by adding the
use"tattoo parlors in C-2 (neighborhood retail) zoning districts with prior approval
of a Specific Use Permit.
Chris Duque, City Manager, said the public hearing was being held to receive
comments amending Appendix A - Zoning of the Nederland Code of Ordinances,
amending the zoning regulations of"tattoo parlors". Section 13.2 - Schedule of
Permitted Uses shall be amended to include tattoo parlors that will be permitted
Minutes Continued, March 11, 2019
via a specific use permit in the Neighborhood Retail (C-2) zoning districts. The
Planning & Zoning Commission met on February 19th and unanimously
recommended approval of the proposed revisions. No action was necessary.
Mr. Darby, 1128 Avenue H spoke in favor of the request.
Keith Bass, 2824 Avenue H spoke in favor of the request.
Brian Wittle, 2826 Avenue and owner of the building, spoke in favor of the request.
He said the business would not adversely affect neighbors. He said this is not a
typical business, but art by appointment only and the hours of operation would be
no later than 10:00 p.m.
There were no comments against the request.
There being no further questions and /or comments the public hearing was
adjourned and the regular meeting was reconvened at 4:58 p.m. by Mayor Nugent.
g. A motion was made by Councilmember Austin and seconded by Councilmember
Belaire approve Ordinance No. 2019-09, amending the Zoning Ordinance Permitted
Use Table by adding the use "tattoo parlors" in C-2 (neighborhood retail) zoning
districts. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
h. The regular meeting was recessed and a public hearing was called to order at 5:03
p.m. by Mayor Nugent for the purpose of receiving comments regarding the request
for a Specific Use Permit for the property located at 2826 Avenue H to operate a
tattoo parlor in a C-2 (neighborhood district) zoning district.
Chris Duque, City Manager, stated the public hearing was being held to allow
interested parties to voice comments, concerns, and/or questions regarding a
Specific Use Permit request to operate a tattoo parlor at 2826 Avenue H. The
property is zoned C-2 (Neighborhood Retail) and per the Zoning Ordinance, a tattoo
parlor is only allowed in this zoning district with a Specific Use Permit. No action
was necessary.
George Wheeler, Building Official, said notices were mailed out to surrounding
residents and no calls have been received.
There being no further questions and/or comments the public hearing was
adjourned and the regular meeting was reconvened at 5:06 p.m. by Mayor Nugent.
i. A motion was made by Councilmember Belaire and seconded by Councilmember
Austin to postpone action for a Specific Use Permit for the property located at 2826
Avenue H to operate a tattoo parlor in a C-2 (neighborhood district) zoning district.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Minutes Continued, March 11, 2019
5. COMMUNICATION
a. Miscellaneous - Chamber Coffee at Neches Credit Union at 8:00 a.m. in the morning
6. ADJOURN
There being no further business a motion was made by Councilmember Belaire and
seconded by Councilmember Austin to adjourn the meeting at 5:08 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R. A. Nugent Mayor ✓
Talmadge Austin Council Member-Ward I ✓
Billy Neal Council Member-Ward II ✓
Vacant Council Member-Ward III
Craig Belaire Council Member-Ward IV
Chris Duque City Manager J
Gay Ferguson City Clerk ✓
Jesse Branick City Attorney
Cheryl Dowden Director of Finance
Gary Porter Police Chief
414 Terry Morton Fire Chief ✓
Robert Woods Director of Public Works
George Wheeler Building Official ✓
Victoria Klehn Librarian ✓
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary ✓
Angela Fanette Parks Director ✓
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R.A. ugent, or
Joni U •erwood, Deputy City Clerk
March 11, 2019
Date
ORDINANCE NO.2019-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018-
2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No. 2018-25,which adopted
the Fiscal Year 2018-2019 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 2018-2019 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2018 and ending September 30,2019,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 2018-2019 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.
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�DAND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
-`�l Ii1'NVG THIS THE 11th DAY OF MARCH,2019.
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G.y Fergus.r,City Clerk_
APPROVED AS TO FORM AND LEGALITY:
Je:se Bra ,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2018-2019
DATE: March 11, 2019
DEPARTMENT: Various
FUND: General (01)
Capital Outlay(31)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4120 Industrial In Lieu of Taxes 1,770,000 11,500 1,781,500
01-1300-6743 Furniture, Fixtures, Office Equipment - 11,500 11,500
31-0000-6720 Building, Fixtures&Grounds - 25,000 25,000
TOTAL 1,770,000 48,000 1,818,000
JUSTIFICATION
In the General Fund, expenditures for the election machines is amended; part of the equipment is considered
capital. The increse is offset by adjusting the Industrial Tax Revenue line-item.
In the Capital Outlay Fund, funds are allocated for the engineering component of the Library roof project.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
ORDINANCE NO. 2019-09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING APPENDIX A - ZONING OF
THE CODE OF ORDINANCES, CITY OF
NEDERLAND, AMENDING THE ZONING
REGULATIONS OF "TATTOO PARLORS";
MAKING FINDINGS OF FACT; 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 Planning and Zoning Commission of the City of Nederland the Nederland
City Council, in compliance with the charter of the City of Nederland, and the state law with
reference to amendments to the Zoning Ordinance regulations and Zoning Map,have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a
full and fair public hearing to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof, the Nederland City Council is of the
opinion that said zoning amendment should be made.
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. Appendix A—Zoning of the Code of Ordinances of the City of Nederland is
hereby revised with the following revisions:
A. Add to SUBCHAPTER C. USE REGULATIONS,Section 13. Schedule of permitted uses:
Section 13.1. General provisions.
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B. Add to Section 14. Specific use provisions:
Section 14.7. Tattoo Parlors.
The city finds the need to list specific requirements to the Specific Use Permit consideration
when regulating Tattoo Parlors requesting to locate in C-2(Neighborhood Retail)zoning districts.
The minimum requirements are:
• That a tattoo parlor must be licensed by the State of Texas and be limited to a maximum
of two employed tattoo artists having a valid state license;
1
• That the tattoo parlor's hours of operation be limited from 8AM to 10PM and be posted
on the door;
• That the tattoo parlor be limited to one business sign located as either a wall or window
sign with no flashing or rotating operation;
• That the tattoo parlor shall post a statement that services are by appointment only;
• That the tattoo parlor shall be located in a commercial building and not a residential
dwelling located in a Neighborhood Retail(C-2)zoning district;
• That the tattoo parlor be a minimum of 300 feet from a school;
• That there be a limit of one tattoo parlor per street block.
The listed requirements are minimum requirements that shall be agreed to by the application;
the listed minimum requirements shall be imposed on each request; and the listed minimum
requirements do not limit the City from considering any and all additional requirements to ensure
the compatibility of the use with surrounding uses or to mitigate any negative impact on the
surrounding area. The listed minimum requirements for tattoo parlors only apply to tattoo
parlors in Neighborhood Retail (C-2) zoning district, not tattoo parlors in higher commercial or
industrial zoning districts.
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 11TH day of MARCH,2019.
APPROVED:
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ATTEST:
Gay Ferguson,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Je•se Bra 'f k,City Attorney
C ty of NZ•erland,Texas
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