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, August 27, 2007

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. August 27, 2007
  1. MEETING

    The regular meeting was called to order at 6:00 p.m. by Mayor Pro Tem Bert Rogers 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 Councilmember Neal to approve the minutes of the August 13, 2007 meeting as written. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  3. PUBLIC HEARINGS

    The regular meeting was recessed and a Public Hearing was called to order at 6:01 p.m. by Mayor Pro Tem Rogers for the purpose of receiving questions and/or comments regarding the proposed tax rate of $0.594830/$100 assessed valuation for FY 2007-2008.

    Andre' Wimer, City Manager, explained that this is the second of two required Public Hearings to discuss the proposed tax rate. The $0.594830/$100 assessed valuation was suggested in order to fund two additional police officer positions as requested by Chief Darrell Bush. This rate does reflect a $.09 decrease in the tax rate but is above the effective tax rate.

    There being no questions and/or comments the Public Hearing was adjourned at 6:05 p.m. by Mayor Pro Tem Rogers.

    A Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:05 p.m. by Mayor Pro Tem Rogers for the purpose of receiving questions and/or comments regarding the rezoning of property located at 2704 Avenue H described as Lot 2, Block 2, Hillcrest 2nd Addition, from Multi Family Zoning to Neighborhood Retail Zoning.

    Andre' Wimer, City Manager, stated that the Planning and Zoning Commission recommends the rezoning of the above stated property to Neighborhood Retail Zoning.

    There being no questions and/or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 6:11 p.m. by Mayor Pro Tem Rogers.

  4. ZONING

    A motion was made Councilmember Neal and seconded by Councilmember Sawyer to authorize the zoning of property, described as Lot 2, Block 2, Hillcrest 2nd Addition, from Multi Family Zoning to Neighborhood Retail Zoning. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  5. COMMENTS

    Kermit Davis, 1214 South Twin City Highway, representing Sol Arkeen Enterprises and the properties located at 804 South Twin City Highway and 1208 South Twin City Highway. Mr. Davis stated that they are aware of the Council's recent demolition order of the structures at these locations. He added that the structure at 1208 South Twin City Highway has been demolished and the debris is in the process of being cleared. The 804 South Twin City Highway location is involved in litigation due to damages suffered during Hurricane Rita. Mr. Davis is requesting an extension on the demolition of this structure.

    Andre' Wimer, City Manager, explained that the Council did issue a 60-day demolition order and if that is changed and the structure is not removed the process will have to start over with written notices, publications, Public Hearings, etc. He advised Mr. Davis and the Council that authorization to advertise for demolition bids will be on the September 24th agenda and, if approved, will then be published twice in the newspaper. After publication bids will be opened and tabulated and then placed on the next agenda to award bids. This process will take several weeks after authorization to advertise for bids. The time frame involved in obtaining and awarding bids will essentially give the property owners additional time to have the structure demolished. Mr. Wimer asked that Mr. Davis report on the status of the property to him so that he can keep Council informed on the progress of the demolition.

  6. STREET MAINTENANCE SALES TAX

    Tracie Killian, Executive Director of the Nederland Economic Development Corporation, addressed the Council requesting that they cancel the Street Maintenance Sales Tax election scheduled for November 6, 2007. She stated that if the sales tax is approved by the voters if would essentially decrease their budget by half. Mrs. Killian reviewed the NEDC's budget and fund balance. She added that she is aware that the need for street repairs is important to the citizens, but she also believes that with their budget so drastically reduced it will have a devastating effect on economic development and growth. She asked for more time to find a solution that would benefit both the City and NEDC. Mrs. Killian reported that their attorney found that EDC funds could be used for street repairs in commercial areas if it can be shown to benefit economic development. The NEDC would be willing to assist in street repairs anyway they legally can.

    Andre' Wimer, City Manager, stated that each year the City Council expresses a desire to have more funds placed in the street program and the new sales tax would provide funds that would strictly be dedicated to street repairs and maintenance. He added that there are three councilmembers on the NEDC Board of Directors and they realize the issues on both sides. Mrs. Killian does bring valid points to the Council and the decision to be made by the Council is to do what is in the best interest of the citizens and the NEDC.

    Councilmember Neal stated that street repairs are badly needed but we also need to assist in any way we can to help the growth of Nederland. He would be in favor of waiting until the next General Election to place the issue on the ballot.

    A motion was made by Councilmember Neal to approve Ordinance No. 2007-10, canceling the Street Maintenance Sales Tax election scheduled for November 6, 2007. The motion died for lack of a second.

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to postpone terminating a contract with Diebold Election Systems, Inc. for election related services associated with the Street Maintenance Sales Tax election. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  7. BUDGET

    A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve Ordinance No. 2007-06, an appropriation ordinance adopting a budget in accordance with Article VII of the City Charter of the City of Nederland. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  8. ORDINANCES

    A motion was made by Councilmember Neal and seconded by Councilmember Griffin to approve an Amendment to Ordinance No. 107, establishing a no parking zone on Memphis Avenue from 23rd Street to 27th Street. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Griffin to approve Ordinance No. 2007-09, utility rates and regulations. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  9. REQUEST

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a request from Nederland South Little League for utility reimbursement. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  10. CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST

    The regular meeting was recessed at 7:08 p.m. by Mayor Pro Tem Rogers for the purpose of conducting a meeting of the City of Nederland Employee Benefits Trust to award bids for Life/AD&D insurance.

    The regular meeting was reconvened at 7:12 p.m. by Mayor Pro Tem Rogers.

  11. RESOLUTION

    A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve Resolution No. 2007-13, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to All Pro Audio, Inc. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  12. LIBRARY

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Griffin to authorize the submission of a grant to the Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  13. CONTRACTS/AGREEMENTS

    Andre' Wimer, City Manager, discussed the approval of a contract with American Traffic Solutions, Inc. He indicated that the agreement includes a 120-day termination provision that will allow staff additional time to evaluate the feasibility of such a system. Staff will report back to the City Council within the 120 days as to whether installation of these cameras is recommended.

    A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve a contract with American Traffic Solutions, Inc. for red light traffic enforcement cameras. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

  14. EXECUTIVE SESSION

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

  15. EXECUTIVE SESSION

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

  16. OFFICIALS' COMMENTS

    Andre' Wimer, City Manager, reported that Victoria Klehn, Director of Library Services, received a grant in the amount of $5,901. He added that the Nederland Fire Department also received a grant in the amount $144,500 to be used for radios, self-contained breathing apparatus, and a thermal imaging camera. The City will be responsible for 5%.

    Mayor Pro Tem Rogers asked that everyone keep Mayor Nugent and his family in their prayers during his surgery and recovery this week.

  17. ADJOURN

    There being no further business a motion was made by Mayor Pro Tem Rogers and seconded by Councilmember griffin to adjourn the meeting at 7:25 p.m. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sawyer, Neal, and Griffin.
    Noes: None. Absent Mayor Nugent

END Meeting Minutes from Monday, August 27, 2007


Programmed for Progress

Hosted, Designed & Maintained by juxtapose, inc.