Loading...
August 14, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 14, 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 the Pledge of Allegiance was led by a Veteran of Foreign Wars member. 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 Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Item "a thru e" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. a. Minutes - July 24, 2023 regular meeting b. Consider action authorizing the closure of Boston Avenue between 13th Street and 17th Street and all intersections on Tuesday, October 3rd for the National Night Out event and the Nederland Fire Department Open House. c. Consider action authorizing the closure of Boston Avenue between 12th Street and 17th Street and all intersections on Saturday, December 2nd for the "Christmas on the Avenue" event. d. Consider action authorizing the closure of Boston Avenue between 15th Street and 17th Street for the Nederland Economic Development Corporation's Fall Concert Series. e. Consider action authorizing the closure of Boston Avenue between Twin City Highway and 13th Street and all intersections on Saturday, October 21st for the Nederland Economic Development's Fall Market. 4. REGULAR AGENDA a. The regular meeting was recessed and a Public Hearing was called to order at 4:33 p.m. by Mayor Albanese for the purpose of receiving comments regarding the request for 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 Minutes continued, August 14, 2023 Tabernacle of Texas, Inc. (church) in a property zone R-1 (single-family residential). Chris Duque, City Manager, stated that the City's codes allow for"religious uses" in a residential zoned area with a SUP; the parking lot is an accessory use for the church. The Church has been advised that, if approved, the parking lot would need to have engineered plans submitted for review, permitting, and that the parking lot has a curb installed along the perimeter to ensure the storm drainage is detained without impacting the adjacent properties. Following the JPH, this item will return to the Planning & Zoning Commission for them to vote on the rezoning request; the item would then return to the City Council for action. Ruben Daniels, 2020 Avenue B, stated that he has been at this residence since 1995 and has been close to flooding before. He wants assurance that his house will not flood. If we cannot offer assurance that his house will not flood, then he is opposed to the parking lot. If someone can guarantee that his house will not flood, then he is in favor of it. Daniel Villareal, 2016 Avenue C, stated that he has problems with standing water at his residence after rains. He has talked to Steve Hamilton, former Director of Public Works, in prior years regarding this standing water issue. He wants to be reassured that his house will not flood after this parking lot construction. Chris Duque stated that the code requirements would require this project to have zero drainage impact to the surrounding neighbors and should not negatively affect the neighborhood. George Wheeler, Chief Building Official, stated that the engineer would have to do the storm drainage calculations and have the DD7 engineer's approval also. No action is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:42 p.m. by Mayor Albanese. b. A motion was made by Councilmember Duplant and seconded by Councilmember Root to authorize the submittal of a grant application to the Wilton and Effie Mae Hebert Foundation in the amount of $52,000. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. c. A motion was made by Councilmember Root and seconded by Councilmember Guillot to authorize a Food Truck Regulation Committee. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Chris Duque stated that this temporary committee would be comprised of the City Manager, Chief Building Official, two city councilmembers, two local restaurant owners, two food truck owners (preferably residents of Nederland), and two interested citizens. The solicitation of the applications would be publicized through social media, the Port Arthur News, the City's website and also by issuing a STAN notice. Applications would be accepted until Friday, September 1st and be presented to the City Council to vote on appointments at the September 11th City Council meeting. The committee would be chaired by the City Manager and would Minutes continued, August 14, 2023 hold a minimum of two meetings to forward a recommendation on possible food truck regulation revisions. The committee recommendations would be forwarded to the City Council by no later than the October 23rd City Council meeting. d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root to approve a request from the Nederland Independent School District to utilize the Nederland Recreation Center as the secondary evacuation location for Hillcrest Elementary School. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. e. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve Ordinance No. 2023-17, rescinding Ordinance No. 2023-05, Juvenile Curfew Ordinance. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. f. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve the purchase of a trash truck via state-approved contract. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Sonnier to approve the Nederland Avenue Sidewalk project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Sonnier to approve the conditional release of retainage and final payment and acceptance of the Nederland Lift Station Generator project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. i. This item will be discussed in Executive Session (consultation with City Attorney). This item was postponed until after Executive Session discussion. "Discussion regarding John Hatton's request to amend Ordinance No. 2022-28 that amended Appendix"A" - Zoning of the Nederland Code of Ordinances, the zoning regulations of"massage therapist - licenses." j. At the last City Council meeting, representatives of Energy Transfer presented their request to widen Helena Ave between the railroad tracks and 10th Street. If approved, 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. Minutes continued, August 14, 2023 The Energy representative stated that they will go out to bid and begin work as soon as possible. There will be some detours for traffic control and they will maintain temporary access to the tax office and Tees-2-Ur Door. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Sonnier to approve Energy Transfer's request to widen Helena Avenue between the railroad tracks and 10th Street. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. k. Fiscal Year 2023-2024 Budget: i. Chris Duque, City Manager, stated the City Charter requires that a preliminary budget be presented to the City Council. At the budget workshop held on July 12th, the preliminary budget was presented and there have been no revisions since that workshop. A public hearing must be scheduled to solicit public input/comments regarding the budget. A copy of the budget will be available in the City Clerk's Office and posted on the City's website. Mr. Duque recommended approval of Resolution No. 2023-15, setting the budget public hearing dates of Monday, August 28th at 4:30PM and Friday, September 1st at 9:00AM at the Nederland City Hall. The budget would be adopted at the September 11th City Council meeting. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Resolution No. 2023-15, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2023 and ending September 30, 2024 and calling for a Public Hearing to be held on August 28, 2023 at 4:30PM at Nederland City Hall (207 North 12th Street) for the purpose of discussing the proposed budget as per Article VI of the City Charter. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ii. Chris Duque, City Manager, stated that the current tax rate is $0.481056 per $100 assessed taxable value. In 2019, the State Legislature approved Senate Bill 2 that made significant changes to property taxes. Previously, the City discussed adopting a tax rate between the "effective tax rate" (the benchmark tax rate needed to raise the same amount of maintenance and operations property taxes on existing property as the previous year after taking into account changes in appraised values) and the "rollback tax rate" (the tax rate necessary to raise precisely 8% more maintenance and operations tax revenue as the year before after taking into account appraisal fluctuations). Following SB2, the term "effective tax rate" has been changed to "no-new-revenue tax rate" and "rollback tax rate" has been changed to "voter-approval tax rate." The "voter-approval tax rate" is calculated utilizing 3.5% instead of 8%. The effective tax rate or no-new-revenue tax rate has been calculated as $0.439078, and the rollback tax rate or voter-approval tax rate has been calculated as $0.467607. On Wednesday, July 20th, JCAD submitted the assessed taxable value of $1,638,562,845, an increase of $129,097,646. I recommend the City Council reduce the tax rate to the voter-approval tax rate or $0.467607 per $100 assessed valuation. The proposed budget is based on this tax rate; the five new public safety positions (4 police officers and 1 firefighter) necessitate the Minutes continued, August 14, 2023 greater tax rate. Per state law, it is necessary for the City to hold a public hearing on the proposed tax rate; the proposed tax rate public hearings will be held on Monday, August 28th and Friday, September 1St. The subsequent agenda items are included to satisfy legal requirements. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve the proposed tax rate for the fiscal year beginning October 1, 2023 and ending September 30, 2024. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. iii. A motion was made by Councilmember Root and seconded by Councilmember Guillot to schedule tax rate adoption dates: • Monday, August 28th at 4:30PM (regular meeting) and Friday, September 1St at 9:00AM (special meeting) at the Nederland City Hall - Public Hearings. • Monday, September 11th at 4:30PM at the Nederland City Hall (regular meeting) - Adopt the Tax Rate. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. iv. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root regarding the proposed tax rate and establishing the dates of Monday, August 28th at 4:30PM and Friday, September 1St at 9AM at Nederland City Hall for public hearings. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:08 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, Personnel - Texas Government Code, Chapter 551.074. 6. RECONVENE The regular meeting was reconvened at 6:01 p.m. by Mayor Albanese. 4.i. Discussion was held regarding John Hatton's request to amend Ordinance No. 2022-28 that amended Appendix"A" - Zoning of the Nederland Code of Ordinances, the zoning regulations of"massage therapist - licensed." At the last City Council meeting, John Hatton addressed the City Council regarding Ordinance No. 2022-28 that amended Appendix"A" - Zoning of the Nederland Code of Ordinance, updating the zoning regulations of"massage therapist - licensed." Mr. Hatton represents Hatton Homes - the new retail and residential development being built at 3003 Nederland Avenue. A proposed tenant is a spa that includes massage services. Ordinance No. 2022-28 does not permit this activity due to the property's zoning. The development is in zone C-2 (neighborhood retail). Mr. Hatton had requested the City Council amend Ordinance No. 2022-28 to allow a property owner to submit a Specific Use Permit to allow this activity at property zoned C-2. Police Chief Porter had expressed his Minutes continued, August 14, 2023 serious reservations with re-opening this item. This item was discussed with the city attorney. Chris Duque stated that this item is not listed on the agenda as an action item. He asked if any councilmember will be requesting that it be placed back on the next agenda for possible action. He stated that the lack of direction will indicate that this request is not going to be reconsidered. The City Manager asked for requests for this item to be placed back on the next agenda. Since there were no responses, this item will not be placed on future agendas for reconsideration. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • The City is under a 'Boil Water Notice' as of 9:00AM today due to a main water line break. Chris thanked the Public Works crew for the outstanding work they are doing in repairs. We need to continue to conserve water. A public notice will be issued to update the citizens. • Chris wished NISD students, teachers and staff the best of luck as school begins on Thursday. • On Tuesday, August 22"d, there will be a city-wide pep rally to kick-off the school year. 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 6:05 p.m. 4111 a 01,_(2 0. Don Albanese, Mayor City of Nederland, Texas ATTEST: Q•ak,t\_UAAJOALtrd'izqic Jon nderwood, City Clerk City of Nederland, Texas c's we lrYn/.!,? e�1m =0 C`I'A C • � .r ems . O } CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor ✓� Bret Duplant Council Member—Ward I Sylvia Root Council Member—Ward II t/ 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 f Gary Porter Police Chief Terry Morton Fire Chief I/ Robert Woods Director of Public Works George Wheeler Building Official ✓ Molli Hall Librarian ✓ Holly Guidry Human Resources Director • . - - _. : •' &14 Don Albanese, Mayor 1,040164 ol3q/ Joni nderwood, City Clerk g-1 aoa Date ORDINANCE NO. 2023-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, RESCINDING ORDINANCE NO. 2023-05 THAT AMENDED CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES, REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance No. 2023-05 (JUVENILE CURFEW ORDINANCE) on February 27, 2023; and WHEREAS, the City Council has determined that based upon the passage of House Bill 1819,"Juvenile Curfew", which bans the imposition of a curfew of persons younger than 18 years of age, except for purposes of emergency management, signed into law on June 9, 2023, there exists a need to repeal Ordinance No. 2023- 05 adopted on February 27, 2023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. Ordinance No. 2023-05 is hereby rescinded in its entirety. Section III. Repealing Clause All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section IV. Severability Clause Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section V. Effective Date This ordinance shall take effect and be in full force effective August 31, 2023.. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 14TH day of AUGUST, 2023. Don Albanese, Mayor ATTEST: r► (;t/(AVILIUM95( Joni U'derwood, City Clerk APPROVED AS TO FORM AND LEGALITY: Jess, ick, City Attorney �'�'� '•'•'••..5`;p% -; °°••...: .• JEF?c-:,` CITY OF NEDERLAND RESOLUTION 2023-15 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30,2024. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1,2023 and ending September 30,2024;and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 4:30 p.m.,August 28,2023,to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 14th day of August 2023. 16, bon Alb0,, aekatv..._, anese,banese,Mayor City of Nederland,Texas ATTEST: thhcov / Joni' nderwood,City Clerk City of Nederland,Texas APPROVED AS TO`ORM AND LEGALITY: `,```�� uumnu«,�� ;Jp� NEE "1 y y = v:\4 �z� •c, Jes ck, Cit Attorne _ City . 1ederland,Texas ^p:', :. �<,,,or- QEF