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February 12, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P.m. February 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: "PURS IJANT TO SECTION 30.07, PENAL COE)E (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSEE) IJNE)ER 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 Neal to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. e. Minutes — January 22, 2018 regular meeting b. Consider action authorizing the closure of various City streets for the Spindletop Rod b. Classic Car Show. 4. REGULAR AGENDA a_ The Jefferson County Master Gardeners Club was recognized for their volunteer gardening work on Boston Avenue. Tulip bulbs were planted to beautify the street for the Nederland Heritage Festival_ b_ A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to accept the quarterly Hotel Occupancy Tax Fund financial reports from the Minutes Continued, February 12, 2018 Nederland Historical Society and the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. c. Bids/Purchases: i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the purchase of 500 tons of PB Gr 4 modified rock for the 2018 Street Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for Employee Group Benefits (health insurance). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to authorize the solicitation of bids for water inventory items. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. iv. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for the Doornbos Park Electrical Loop Repairs/Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2018-02, amending the fiscal year 2017-2018 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. e. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Resolution No. 2018-02, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Columbine Properties, LLC (dba Whataburger). MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Resolution No. 2018-03, authorizing the submittal of a State Homeland Security Grant Program application. MOTION CARRIED. Minutes Continued, February 12, 2018 Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. Absent: Councilmember Austin. g. Chris Duque, City Manager, reported on property located at 2423 Nederland Avenue. At the December 11th meeting, the City Council unanimously voted to approve issuing a building permit for exterior repairs, requiring the exterior of the building to be brought into compliance with city codes and regulations no later than March 31, 2018. Progress reports were to be made to the Building Office every other Friday beginning in January 2018. As of today, no building permit has been issued for the necessary work and no progress reports have been submitted to Mr. Wheeler. Mr. Waleed Kahn reported on the status of the property located at 2423 Nederland Avenue. He said the progress is going well with his attorney, Mr. Wimberly. Jesse Branick, City Attorney, said Mr. Wimberly is out of town but has indicated he is approximately halfway through with the probate work for Mr. Kahn's family. Mr. Branick said the work Mr. Wimberely is doing has nothing to do with proceeding with the construction. Mr. Kahn said his attorney informed him to do nothing until the paperwork is finished. Chris Duque told Mr. Kahn that he acknowledged the decision made by City Council on December 11, 2017; however, as of today no terms of that decision have been met. He also advised Mr. Kahn that Mr. Wimberely did not need to grant permission to submit the required progress reports. Mr. Duque suggested talking about this in Executive Session. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:05 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 551.087, Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 5:47 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. Chris Duque reminded Mr. Waleed Kahn he has 47 days, March 31, 2018, to finish work on the exterior of the property located at 2423 Nederland Avenue as voted on by City Council at their December 11, 2017 meeting. On April 1, 2018 the City will proceed with demolition of the structure unless an injunction has been filed in District Court to stop the city from proceeding with demolition. Minutes Continued, February 12, 2018 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • Recently Jefferson County approved adding additional streets to our street program. Staff proposes adding the additional BOMAG/Chip Seal street projects: S. 37th Street (Hwy 365 to Park), Ave E (S. 21st Street to S. 27th Street, South 6th Street (Nederland Ave to concrete by DD7 ditch), and West Chicago (29th Street to Gary); the proposed projects add approximately $60,000 to the Streets budget, which will be resolved at the end of the fiscal year via a budget amendment. One of the proposed projects (South 6th Street would be finished with a hot mix overlay during the 2019 Street Program, which would complete the re-surfacing of asphalt streets along NISD schools. • Chamber Coffee will be Feb. 13th at the Heritage Festival Pavilion at 8:00 a.m. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:53 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Belaire. Noes: None. \\`\\\`�\„„Ainrnt: Councilmember Austin. bER ��,�j I-:CQA \� �0 o. ..:._..-4•Q� �� i t,)� R. A. Nugen Mayor v''.•:.4 <,,.4.•-44 City of Ned! land, Texas :O Gli ay Fergus n, ity Clerk City of Nederland, Texas I 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 Don Albanese Council Member—Ward III Craig Belaire Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance 4' Darrell Bush Police Chief Gary Collins Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Victoria Klehn Librarian v Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director v R. uge yor A. G. % er e •us y, Ci k / February 12, 2018 Date ORDINANCE NO.2018-02 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A uuunu , �. JkETING THIS THE 12th DAY OF FEBRUARY,2018. /01 >":Ap �&. 00 \`j �r R.A. ug ,Mayor 1 J•;�� � ,-.; 1 City of Nederland,Texas • S. ,, ` ,.,,,!UNTY 111 %%10,,, ay Ferg on,City Cl APPROVED AS TO FORM AND LEGALITY: JeAlipi i "7 City Attorney 1 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2017-2018 DATE: February 12, 2018 DEPARTMENT: Various FUND: General (01), Narcotics(20), Parks Special (25), Equip. Replacement General (34) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4350 Federal Grant Revenue - 25,047 25,047 01-2200-6265 Supplies/Minor Tools& Equipment 30,000 25,047 55,047 01-5100-6350 Bldg/Structure Improvements 20,000 (10,000) 10,000 01-9000-6904 Transfer to Parks Special Fund 45,000 10,000 55,000 20-9000-6934 Transfer to Equip. Rep. Fund-General - 5,650 5,650 34-0000-4910 Transfer In 175,000 5,650 180,650 34-0000-6742 Motor Vehicles 95,000 10,000 105,000 25-0000-4910 Transfer In 45,000 10,000 55,000 25-5103-6720 Building, Fixtures, &Grounds 26,000 10,000 36,000 TOTAL 436,000 91,394 527,394 JUSTIFICATION Revenue from 2017 SHSP Grant is recorded and funds are allocated in the Fire Dept budget for the purchase of portable radios in accordance with the SHSP grant terms. In the Narcotics Fund, funds are transferred out to the Equip. Rep. Fund-General to cover half of the costs of NPD's new Polaris. In the Equip. Rep. Fund-General, the transferred funds are reflected and allocated for the vehicle purchase. In the Parks Special Fund, the additional transfer-in funds are reflected and those additional funds are allocated for the pool roof project. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of RESOLUTION NO. 2018-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,AUTHORIZING THE SUBMITTAL OF A STATE HOMELAND SECURITY PROGRAM GRANT APPLICATION AND RECOMMENDING ADDITIONAL PLANNING FUNDS FROM THE 2018 LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES GRANT TO THE CITY OF NEDERLAND, TEXAS FOR PLANNING ACTIVITIES. WHEREAS, the City of Nederland finds it in the best interest of the citizens of Nederland, Texas that the Emergency Interoperable Communications Sustainability Project be operated for 2018; and WHEREAS, the City of Nederland agrees to provide applicable matching funds for the said project as required by the State Homeland Security Program grant application; and WHEREAS, the City of Nederland agrees that in the event of loss or misuse of the Office of the Governor funds,the City of Nederland assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the City of Nederland designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED that the City of Nederland approves submission of the grant application for the Emergency Interoperable Communications Sustainability to the Office of the Governor. PASSED AND APPROVED by the City Council of the City of Nederland this the 12th dpy„pf,February, 2018. 11 ��'`�i N~ / R. A. Nugent, Mayor v c, �,', ;4-'` City of Nederland, Texas ailtfft '/'''ilittittOLW 1�����‘.Gay Fergn, City -rk APPROVED AS TO FORM AND LEGALITY: Ail joJ• =,snick, City Attorney 1