City of Nederland Logo
City of Nederland R. A. "Dick" Nugent, Mayor
Billy Neal, Mayor Pro Tem
Talmadge Austin, Councilmember
Craig J. Belaire, Councilmember
Vacant, Councilmember
Christopher Duque, City Manager

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

Meeting Minutes from Monday, February 9, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. February 9, 2004
  1. MEETING

    The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel 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 Sawyer and seconded by Mayor Pro Tem Nugent to approve the minutes of the January 26, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  3. PUBLIC HEARING

    The regular meeting was recessed and Mayor Nagel called a Public Hearing to order at 3:01 p.m. for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation and demolition of an abandoned structure at 711 - 14th Street.

    Andre Wimer, City Manager, explained that before a structure can be demolished a Public Hearing must be conducted to receive questions and/or comments. He added that the owner of this property has been notified of the need to have the structure repaired or demolished. The owners have not contacted the City regarding their intentions for the structure.

    Rod Hatch, Building Official, reported the structure in question is a garage and that it would require more than 50% of the fair market value to make structurally sound and code compliant.

    Elby R. Weston, Jr., owner of the garage informed the Council that he had obtained a demolition permit from the City last Friday. He asked the Council to grant him 60 days to complete the demolition.

    There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:05 p.m. by Mayor Nagel.

  4. BUILDING AND BUILDING REGULATIONS

    A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to set a 60-day time period for Elby R. Weston, Jr. to comply with the demolition and removal of the structure located at 711 - 14th Street, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  5. REQUESTS

    A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Nugent to authorize the closure of various City streets for Heritage Festival activities. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

    Andre Wimer, City Manager, reminded Council that Jeff Darby, 1515 - 26th Street, in December had requested that a utility easement located on his property be reduced in width. At the December meeting the Council had indicated a tentative support if all utility companies were agreeable and if all property owners were supportive of the change. Mr. Wimer added that Mr. Darby had received a positive response from all the utility companies. In terms of property owners, Mr. Darby has obtained concurrence from all but one individual. If Council does approve the request then the easement would decrease for all property owners except the one individual who declined to give his support.

    Jeff Darby, 1515 - 26th Street, stated that he did receive letters of support from all the utility companies. He presented documentation to the Council from all of the property owners with the exception of the one individual who was opposed to the request.

    A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to approve the request from Jeff Darby, 1515 - 26th Street, to decrease the width of the easement along 27th Street in the Christina Court Subdivision, contingent upon completion and preparation of a survey for all properties indicating the new easement and the completion of the necessary replatting process. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  6. WATER AND WASTEWATER

    Andre Wimer, City Manager, reported that the smoke testing report prepared by Schaumburg & Polk, Inc. will be reviewed. He reminded Council that the tests were authorized for five (5) areas within the City. He added that a cost estimate for recommended action would be presented to Council at a future meeting. Mr. Wimer also stated that City staff would be requesting approval to perform smoke testing in an additional area at the next meeting.

    Rick Bourque, Schaumburg & Polk, Inc. reviewed the results of the smoke testing. (See attached) He indicated that they will present cost estimates to the Council during an upcoming meeting.

  7. DRAINAGE

    Andre Wimer, City Manager, stated that Will Larrain, d.p. Consulting Engineers, Inc., has prepared the drainage study of Allan Meadows that was authorized by Council as a result of water ponding at the intersection of South 17th Street and Avenue N. Based upon the study Mr. Larrain identified an area in which three (3) stormwater pipes converge.

    Will Larrain, d.p. Consulting Engineers, Inc., presented his final findings of the drainage study of Allan Meadows. He suggested to redirect the line coming from South 17th Street and Avenue N intersection. He also recommended that the outfall from the subdivision be angled into the Main "B" Canal.

    The City Manager recommended that Mr. Larrain report back to Council a final recommendation and cost estimate.

  8. AUDIT

    Todd Simoneaux, Edgar, Kiker & Cross, PC, reviewed the FY 2002-2003 audit. Mr. Simoneaux stated that they issued an "unqualified opinion" which is the highest opinion a city can receive on their audit. He commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit.

    A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to accept the FY 2002-2003 audit as prepared by Edgar, Kiker & Cross, PC. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  9. RESOLUTION

    A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to approve Resolution 2004-02, calling for an election to be held May 15, 2004 for the purpose of electing a Mayor and two (2) Councilmembers - one from Ward II and one from Ward IV, and appointing Bobbie Greene as Presiding Judge, Harriet Shipman as Alternate Presiding Judge, and LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  10. BIDS/PROPOSALS

    A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Nugent to award bids received for a vehicle exhaust system for the Fire Department to Air Cleaning Technologies, Inc., Broken Arrow, OK, in the amount of $39,310.00. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  11. CONTRACTS/AGREEMENTS

    A motion was made by Mayor Pro Tem Nugent and seconded by Mayor Nagel to approve an agreement with Tower Medical Center of Nederland for drug and alcohol testing in accordance with the Substance Abuse Policy and State and Federal regulations. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  12. PAYMENTS

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize payment to d.p. Consulting Engineers, Inc. as follows: $1,414.00, upper Main "C" drainage improvements; $1,375.00, Boston Avenue rehabilitation project; and, $4.550.00, Allan Meadows drainage study. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

    A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Nugent to authorize payment to Excavators & Constructors, Inc. in the amount of $159,167.96, drainage improvements, Area 3. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize payment of the bills for the month of January. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  13. EXECUTIVE SESSION

    A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to postpone the Executive Session. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

  14. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that the City has received tentative approval for the gate to be installed at the old landfill site.

  15. ADJOURN

    There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Radcliff to adjourn the meeting at 4:25 p.m. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
    Noes: None.

END Meeting Minutes from Monday, February 9, 2004


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