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July 24, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 24, 2023 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: "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 was led by Mayor Pro Tern Sonnier. 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 Root and seconded by Councilmember Duplant to approve the Consent Agenda Items "a thru e" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. a. Minutes - July 10, 2023 regular meeting and July 12, 2023 budget workshop meeting b. June 2023 Departmental Reports c. Tax Assessor Collection Report - June 2023 d. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center gymnasium for a basketball tournament. e. Consider action regarding a request from Adaptive Sports for Kids to hold a swim party at the Nederland Swimming Pool. 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Councilmember Guillot to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. b. Rob Woods, Director of Public Works, reviewed the 2022 Drinking Water Quality Report (Consumer Confidence Report). In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He said this is a standard report and no violations were found. Minutes continued, July 24, 2023 j. Representatives of Energy Transfer made a presentation regarding their request to widen Helena Ave between the railroad tracks and 10th Street. The project would widen the concrete section to the full street right-of-way and would taper the closer Helena Ave gets to 10th Street. The street widening is necessary to expand the road from three lanes to four lanes. The four lanes would ensure traffic will not be interrupted as their contractors' trucks make deliveries to their laydown yard that would have access off Helena Ave through Energy Transfer's property. City staff met with the nearby property owners; the property most impacted would be Tees- 2-Ur Door. They would lose their street parking by their new building. In its place, Energy Transfer would build a new concrete parking lot in the rear of the building, which will require closing the alley (staff has started that process). There will be no heavy equipment in this area, it will only be used as a temporary staging area and parking by employees working late. At this time, there are no plans for this area to be utilized with heavy traffic. The road will be built to City specifications. This project will begin immediately and will last about 24 months. c. John Hatton addressed the City Council regarding Ordinance No. 2022-28 that amended Appendix"A" - Zoning of the Nederland Code of Ordinance, amending the zoning regulations of"massage therapist - licensed." Mr. Hatton represents Hatton Homes - the new retail and residential development being built at 3003 Nederland Avenue. Mr. Hatton stated that he started this project in December, the EDC approved it two months ago and he has invested over $30,000 already. There will be four commercial spots on the bottom floor and townhomes on the second floor. The project was held up when asbestos was found. After pulling the permit he spoke with George Wheeler, Building Official, and was informed that this location is not zoned for massage parlors and his tenant, 7 Day Spa, would not be able to provide this service to their customers. Police Chief Gary Porter stated if we grant this special use permit request we are setting precedence for future requests made by massage parlors who are wanting to operate in C-2 areas. He stated that other massage parlors were shut down due to this zoning change and he anticipates they will request a special use permit also if we allow 7 Day Spa to operate as a massage parlor in this C-2 area. Chris Duque stated he needed direction from Council on what needs to be worked on/revised. We would need to amend the Ordinance, have a Public Hearing and then the tenant would request a special use permit in order to have massage services at this location. This item will be placed on the August 14th agenda for discussion and possible action. d. A Motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to set a Joint Public Hearing date of August 14th at 4:30 p.m. at Nederland City Hall, regarding a Specific Use Permit for the property located at 2015 Avenue B (lots 4, 5, 6, Block 3 of Ingwersen Subdivision) for a parking lot for the Apostolic Tabernacle of Texas, Inc. (church) in a property zoned R-1 (single-family residential). MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. e. A Public Hearing was held for the purpose of discussing and receiving comments regarding the City of Nederland's intent to submit a Texas Parks & Wildlife Department grant application for the Doornbos Park Pond Enhancement project. The City is submitting a Local Park Small Community Recreation grant application; the maximum grant award is $150,000. The grant application is due by August 1st. No comments were received. No action is necessary. Minutes continued, July 24, 2023 f. A motion was made by Councilmember Duplant and seconded by Councilmember Guillot to approve Resolution No. 2023-14, supporting the submittal of a Texas Parks &Wildlife Department grant application for the Doornbos Park Pond Enhancement project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Councilmember Guillot and seconded by Councilmember Root to amend the 2022-2023 Wage & Classification Plan. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. Discussion was held regarding establishing a committee or scheduling a workshop to discuss the City's Food Truck Ordinance. Chris Duque, City Manager, stated that last year, Keith Bass approached the City Council to discuss amending the City's Food Truck regulations and proposed eliminating the requirement that the temporary permit be associated with a "special event." At the October 24, 2022 city council meeting, a joint public hearing was held. Several restaurant owners spoke out in opposition to the proposal voicing concerns that the amendment would potentially negatively impact the local restaurant community that is still recovering from the pandemic and the current economy. Others spoke in favor of the request. The Planning & Zoning Commission met on November 8th and recommended approval of Mr. Bass' request. The City Council unanimously voted to deny the request but agreed at a later date to re-visit the item. It is necessary to give staff direction on holding a workshop on the issue possibly separate from a city council meeting or to create a "working committee" to forward a recommendation to the full City Council. This would likely need to include a couple of councilmembers, the city manager, the chief building official, food truck vendors in favor of the request, local restaurant owners, etc. Council agreed that a group of approximately 10-12 members would be a good representation and offer a broad view. Mr. Duque stated that he would have this item on the next agenda with a more fully developed plan and action would be taken to create the committee. The members would be appointed by the end of that month. i. Discussion was held regarding the request for City garbage service in the Pirates Cove subdivision. At the June 26th City Council meeting, Albert Garcia and several other property owners in the Pirates Cove subdivision addressed the City Council requesting City garbage service in Pirates Cove because their private provider was not going to continue providing services. At the last Council meeting, the City Attorney addressed his concerns regarding the City and solid waste driver's increased liability due to the unsafe driving required to fulfill the request. Councilmember Root suggested a compromise - the neighborhood's eight garbage cans being placed on the public road rather than being serviced in the subdivision. The Public Works confirmed there is sufficient space for the placement of the garbage cans. The garbage cans would be placed on the eastbound lane of traffic. Because the subdivision would only be receiving garbage service, they will be charged $14.25 (plus sales tax) a month; under the City's Utility Rate Ordinance, a business inside the city limits may elect to utilize the City garbage service and not receive twice a month trash service. This does not establish a precedent for any residential customer to do the same. The subdivision would be incorporated into the Tuesday garbage route. Service could begin the week of August 7th. This will give the residents time to coordinate the cancellation Minutes continued, July 24, 2023 of their service with Republic and come to City Hall to add this service to their utility account. Once service has been established, the cans will be delivered. Chris Duque, City Manager, instructed the residents that they need to coordinate with Republic for the termination of their garbage services. August 8th will be the first garbage pickup by the City. Paul Lewis, 708 Pirates Cove, stated that he was still concerned about his elderly neighbors having to wheel their garbage cans out to the road for pickup. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to accept the compromise of garbage services in the Pirates Cove subdivision. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:36 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney - Texas Government Code, Chapter 551.071, Candlewood Suites - remittance of Hotel Occupancy Tax funds; Personnel - Texas Government Code, Chapter 551.074, Discuss personnel - Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee - Finance Director. 6. RECONVENE The regular meeting was reconvened at 5:58 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • There are two major traffic impacts in progress: H B Neild is working on 12th Street by Langham Elementary and also on 27th Street by Hillcrest Elementary. Construction by Langham should be completed by the middle of this week and Hillcrest will continue into next week. • We are seeing progress on the Nederland Avenue project. • Thursday night will be the "Christmas in July' event at the Nederland Swimming Pool. 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:59 p.m. lb met 02 .9_, k)on Albanese, Mayor a‘v+i"""'I,«,,,,�� City of Nederland, Texas ATTEST: \`�,.�`\\\\,\,` .. N.oe'P,--�/o • Lutdowerol fl:.":c- Jr.". 1041.) --_-7,_. Joni nderwood, City Clerk =G• o, 00: City of Nederland, Texas %�j;•. .� .°c.o�,� o �JE�F� `� CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor v' Bret Duplant Council Member—Ward I r/ Sylvia Root Council Member—Ward II Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV Chris Duque City Manager Joni Underwood City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance ti Gary Porter Police Chief Terry Morton Fire Chief ✓ Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian Holly Guidry Human Resources Director Angela Fanette Parks Director aego-bge- fon Albanese, Mayor (lea: (A1/44lA/do Joni Un erwood, City Clerk Date ��'�,50N;C��\ ALLISON NATHAN GETZ 'VI'1, •' - TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR CHIEF DEPUTY \ X�%; STATE OF TEXAS COUNTY OF JEFFERSON I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Testas and also,by contract or statute,the Tax Assessor-Collector for CITY OF NEDERLAND, affirm,under oath, that this amount $40165.459999999999, represents all taxes collected for CITY OF NEDERLAND during the month of June 2023. d (LI Allison Nathan Getz,P.C.C. JEFFERSON:COUNTY COURTHOUSE•P.O.BOX 2112 BEAUMONT,TEXAS 777.04-2112 PHONE: (409)835-8516•FAX: (409)835-8589 RESOLUTION NO. 2023-14 A RESOLUTION OF THE NEDERLAND CITY COUNCIL I ESIGNATING THE CITY MANAGER AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE LOCAL PARK GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE " CITY IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE CITY'S MATCHING SHARE IS READILY AVAILA- LE; DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES; MAKING FINDINGS OF FACT; AND PROVIDING FOR RELATED Mr TTERS WHEREAS,the City of Nederland is fully eligible to receive assistance under the Program; and WHEREAS,the City of Nederland is desirous of autho iizing an official to represent and act for the City in dealing with the Department concerning the Program. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: 1. The recitals herein are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. 2. The City of Nederland hereby certifies that it is eligible to receive assistance under the Program,and that notice of the application has been posted according to local public hearing requirements. 3. The City hereby certifies that the matching share for this application is readily available at this time. 4. The City hereby authorizes and directs the City Manager to act for the City in dealing with the Department for the purposes of the Program, and that Nederland City Manager Chris Duque is hereby officially designated as the representative in this regard. 5. The City hereby specifically authorizes the official to make application to the Department concerning the site to be known as Doornbos Park Pond Improvement Project in the City of Nederland,Texas or use as a park site and is hereby dedicated for public park and recreation purposes in perpetuity. Projects with federal monies may have differing requirements. 6. It is hereby found and determined that the meeting at which this Resolution is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings,Act, Chapter 551,Texas".Local Government Code. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 24TH day of JULY.2023 at which meeting a quorum was present and voting. D Albanese,Mayor City of Nederland,Texas ATTEST: Joni U1201,1,C erwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: �i'�/Oak / Jess Bra ,City Attorney Cit of erland,Texas •\,00kittill C"''� o,, (1:711, .%a ••••„. OF}EF