City of Nederland Logo
City of Nederland Don Albanese, Mayor
Billy Neal, Mayor Pro Tem
Talmadge Austin, Councilmember
Emmett Hollier, Councilmember
Sylvia Root, Councilmember
Christopher Duque, City Manager

P.O. Box 967 * Nederland, Texas 77627 * 409.723.1503 * Fax 409.723.1550
 

Meeting Minutes from Monday, March 28, 2005

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. March 28, 2005
  1. MEETING

    The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.

  2. APPROVAL OF MINUTES

    A motion was made by Councilmember Neal and seconded by Councilmember Radcliff to approve the minutes of the March 14, 2005 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  3. RECOGNITION

    Tom Riley, Recreation/Aquatics Supervisor, commended members of Cub Scout Pack 232 and their leaders for their dedicated service in the community. He stated that a few examples of their service were maintaining the planter boxes at the library; performing a study on the relationship between graffiti and crime; and, participating in the planning and planting of an American "Liberty" Elm at Doornbos. Sheryl Hebert, Pack Leader, introduced the other adult leaders, as well as the scouts.

    Mayor Nugent thanked Cub Scout Pack 232 for their dedication to the community and encouraged them to continue their service to the scouts.

  4. BUILDING AND BUILDING REGULATIONS

    Andre' Wimer, City Manager, explained that Donna Champagne, 1524 Hamilton Court Drive, went before the Planning and Zoning Commission to request a variance to the Subdivision Ordinance to allow for windows on the zero lot line side of her property. Ms. Champagne owns Lot 3 in Hamilton Court and her neighbor on the zero lot line side, Dr. Gordon Healey owns Lots 4, 5, and 6 and his residence is constructed on all or part of the three lots, therefore, there will be approximately 90 feet between the structures. The Planning and Zoning Commission has recommended approval of the variance.

    A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve a variance to the Subdivision Ordinance, Section 94.29(g)(2) as recommended by the Planning and Zoning Commission. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  5. DEVELOPMENTS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to accept the improvements in Sanders Business Park. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  6. PARKING

    Andre' Wimer, City Manager, stated that this item was placed on the agenda for discussion only. He explained that Darrell Bush, Chief of Police, has reviewed the City's "no parking" locations and discovered that many areas have been approved by the City Council on more than one occasion. Chief Bush presented a map showing current "no parking" designations, and another with proposed "no parking" designations. Mr. Wimer added that a new "no parking" ordinance will be presented in the near future and asked for comments and/or suggestions from the Council. Mayor Pro Tem Sawyer suggested that the "no parking" in the 200 block of Atlanta be moved to the south side of the street and that the designation be removed on South 12th Street from Avenue B to the end of the N.I.S.D. property. There being no further comments at this time Mr. Wimer asked the Council to submit their suggestions to Chief Bush once they have had an opportunity to review the maps.

  7. ORDINANCE

    Jim Gilley, Coastal Securities, reviewed the bids that were received for the Tax Notes, Series 2005, in the amount of $1,640,000 for funding of the meter replacement project. He stated that seven bids were received and the low bidder was First Southwest with a TIC of 3.663966%. Mr. Gilley presented the debt service schedule and added that the tax notes will be paid by water revenues.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to award the bid of the Tax Notes, Series 2005, in the amount of $1,640,000 to First Southwest; and, to approve Ordinance No. 2005-08, authorizing the issuance of City of Nederland, Texas Tax Anticipation Notes, Series 2005, specifying the terms and features of said Notes; levying a continuing direct annual ad valorem tax for the payment of the principal of and interest on said Notes; and, resolving other matters in connection therewith. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  8. BIDS/PURCHASES

    AA motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to authorize repair work on the South 5th Street water storage tank to be performed by Diamond Enterprises, Inc., Gloster, MS, in the amount of $11,550.00. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  9. CONTRACTS/AGREEMENTS

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to authorize Brystar Contracting, Inc, to replace approximately 1,000 feet of sewer line near Verna Drive, and declaring an emergency due to health hazards to the residents. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  10. PAYMENTS

    A motion was made by Councilmember Neal and seconded by Councilmember Radcliff to approve a payment to Don S. Reichle & Associates, Inc. in the amount of $1,750.00, South 5th Street water tower. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Neal and seconded by Councilmember Radcliff to approve a payment to Don S. Reichle & Associates, Inc. in the amount of $1,750.00, South 5th Street water tower. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  11. EXECUTIVE SESSION

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a payment to Excavators & Constructors, Inc. in the amount of $38,218.77, drainage improvements, Area 3. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  12. EXECUTIVE SESSION

    The regular meeting was recessed at 6:45 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - Mike Lovelady; Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney.

  13. RECONVENE

    Mayor Nugent reconvened the regular meeting at 9:15 p.m. He announced that the Executive Session was held for informational purposes only.

  14. OFFICIALS' COMMENTS

    Andre' Wimer, City Manager, reported that TxDOT has indicated that the Boston Avenue sidewalk project should begin later this week. He also stated that staff has begun the process of reviewing streets to be included in this year's street program. He asked Council to submit any streets that they would like to have evaluated for placement in the program. Mr. Wimer added that there were four incidents over the weekend where the automatic mutual aid was initiated and it appeared to be quite successful.

    Steve Hamilton, Director of Public Works, reported that the traffic signal at 27th Street and Helena Avenue fell over the weekend. Staff has contacted the manufacturer and they indicated that they have had some problems with the hardware and will be sending replacements. He also reported that the timing on this signal will be reprogrammed to eliminate the problem of green lights in both directions.

  15. ADJOURN

    There being no further business a motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to adjourn the meeting at 9:20 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, March 28, 2005


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