COUNCIL MEETING MINUTES August 14 th, 2017 The City Council of the City of Nixon met in Regular Meeting on the 14th, day of August 2017 at 6:00 p.m. in the Boardroom at City Hall, 100 West 3 rd Street, Nixon, Texas 78140. Members present were: Madam Mayor Finch, Justin La Fleur, Mary Ann Fatheree, Joseph Bjorgaard, Doug Koenig and Patricia Dingler were absent. Also present were Harold Rice, Gina Trotter, Jeremy Bustos, Interim Chief Toliver, Sergeant Ramsey Officer Hatcher, Officer Ruppert, Chad Emmel, Jason Torres, Frank Contreras, Crystal Cedillo, Jason Talley, Doug Havemann, Tanya Torres, Stella Wolf, Jessica Smith, Don Finch and Eddie Escobar. Roll call was declared present and the meeting was called to order by the Madam Mayor Finch. A prayer was given by Joseph Bjorgaard. The pledges were recited. Citizen participation- none Fire Chief Report was presented by Mark Mendez. Motion was made by Justin La Fleur and seconded by Joseph Bjorgaard to limit the discussion on items 2 thru 11 for a total of five minutes. Motion carried 5-0. Discussion was made by Alderman La Fleur on hiring a full time employee for the Nixon Volunteer Fire Department, La Fleur spoke to council on getting their input about this idea. There are times when there may be a wreck or fire and there is no one available to take care of the incident right away. If the city hires a full time firefighter there will always be someone ready to go. Fire Chief said he is for this idea if the city can afford it. Having two guys full time or even part time may work best. Chief said he would need to look into this more and get all the requirements but wanted to make sure first that this what the council wants before he starts researching. 1 P a g e
Discussion was made by JJ Garza on moving a 2002 trailer located on 305 W Central to the corner of Parker and Ninth. The new ordinance states once you move a trailer already exiting in the city of Nixon the trailer has to follow the terms of the ordinance, a trailer that was grandfathered in cannot be moved to another location of town. Mr. Garza would need to file for a specific variance request and provide notice to all surrounding neighbors. The request would go in front of the zoning board and they would make the decision. Since there is no zoning board, city council would decide and this is on a case by case basis. Motion was made by Justin La Fleur and seconded by Patricia Dingler to reconsider to another date so council can get a zoning board together to review the ordinance and make sure the city will not be liable. Motion carried 5-0. Constable Johnny Joe Moreno introduced David Alison who gave a presentation on a Neighborhood Watch Program for the community. Motion was made by Mary Ann Fatheree and seconded by Justin La Fleur to approve the creation of a neighborhood watch organization for the City of Nixon. Motion carried 5-0. A presentation was given by Joy Hart from Franklin Publishing regarding codification of all city codes and payment options for the City of Nixon. Motion was made by Justin La Fleur to add 5 minutes to discuss more information about Franklin Publishing. Motion carried 5-0. Discussion continued. Motion was made by Joseph Bjorgaard and seconded by Justin La Fleur to approve a contract with Franklin Publishing to include a base codification fee, editorial legal review and to pay 10% of the payment upfront with the remaining to be add in next year s budget. Motion carried 4-1 Fatheree opposed. Motion was made by Justin La Fleur and seconded by Joesph Bjorgaard to allow the Nixon Chamber of Commerce to use the printing device at the Nixon Public Library. Motion carried 5-0. Motion was made by Joseph Bjorgaard and seconded by Patricia Dingler to renew the depository contact with Heritage Bank beginning July 11 th, 2017 thru July 11 th, 2019 for all accounts belonging to the City of Nixon. Motion carried 5-0. Motion was made by Patricia Dingler and seconded by Joseph Bjorgaard to approve the minutes from the June 12 th, 2017 regular meeting. Motion carried 5-0. Motion was made by Joseph Bjorgaard and seconded by Patricia Dingler to approve the financial statements and unpaid bills. Motion carried 5-0. Bids were opened for the construction of 8 blocks to be repaired in the City of Nixon, from V and Y Paving Co. for $94, 952.00 and All in Construction for $179,383.65. 2 P a g e
Motion was made by Joseph Bjorgaard and seconded by Patricia Dingler to table the awarding of the 8 blocks to be repaired in the City of Nixon. Motion carried 5-0. Motion was made by Joseph Bjorgaard and seconded by Patricia Dingler to appoint Crystal Cedillo, Tax Assessor- Collector, as the individual to calculate and prepare the 2017 Effective, Rollback, and Sales Tax Rate for the City of Nixon. Motion carried 5-0. Discussion was made by City Attorney on the Peddler Ordinance Num. 0-2011-04-11, redefining a peddler to include FOOD TRUCK VENDOR to other merchants and an amendment to the ordinance for adjustment of the hours and operation. Motion was made by Joseph Bjorgaard and seconded by Justin La Fleur to include food truck vendor under the peddler ordinance and to allow the food truck vendors to operate on Sundays but not to change the hours of operation. Motion carried 5-0. Discussion was made by council on hiring Cherrilyn Henneke to complete the budget for the FY 2017-2018. No Motion was made, motion Joseph Bjorgaard and seconded by Mary Ann Fatheree to move on to the next item. Motion carried 5-0. Motion was made by Justin La Fleur and seconded by Patricia Dingler to approve a debit card for the utility account ending in account 062 at Heritage Bank in Nixon, TX. Motion carried 5-0. There was a discussion of the City Zoning ordinance. Motion was made by Joseph Bjorgaard and seconded by Justin La Fleur to amend Sections 186, 195, 197, 199, 214, 215, 236, 147 and 148 of the City of Nixon Zoning Ordinance #00-08-11-10 to make the minimum lot size for all dwellings/structures constructed, built moved or altered within the City Limits to 7500 sq. ft. no matter what type of zoning district or livable dwelling. This will not pertain to any structure that will not be or become a dwelling. Also an amendment to these ordinance, all property setbacks will be a minimum of 20 feet, this includes all dwelling and/or structures that will not become a dwelling. These amendments will also pertain to and become applicable towards any other zoning ordinance or amendments that are not listed here. Also in this amendment, sections #63, #64 will be removed from the zoning ordinance. All lots must be conforming if there is not already a structure there. From the date of passage of these amendments, as early as enforceable by law, these amendments will take effect. As applicable by law, these amendments will be subject to any structure that is built, moved or constructed within the City limits if Nixon, TX from this day forward. Motion carried 5-0. Motion was made by Justin La Fleur and seconded by Joseph Bjorgaard to amend ordinance #09-08-10 to replace subsection 8 of the ordinance. The Nixon Police 3 P a g e
Department will enforce the offense of disorderly conduct as it is defined in Texas Penal Code Title 9, Chapter 42 SEC 42.01. Anyone that makes any unreasonable noise in a public place, in or near a private residence will be in violation of this ordinance. This ordinance will be enforced without the necessary measure of decibel meter. Any complaint made by the public that is creating a noise level that is disorderly, will be in violation of this ordinance. Any and all prerequisites for the enforcement of Texas Penal code section 42.01 must be met prior to a citation being issued. Motion carried 5-0 Motion was made by Justin La Fleur and seconded by Patricia Dingler to table the Enforcement of Property Management Ordinance. Motion carried 5-0. Motion was made by Joseph Bjorgaard and seconded by Justin La Fleur pending the completion on the highway construction the changing of E 2 nd ST will be changed back to a two way street and a right turn only. Motion carried 4-1 Fatheree opposed Motion was made by Joseph Bjorgaard and seconded by Doug Koenig to not accept the donation for installation of a drip system at the Nixon gazebo pocket park. Motion carried 4-1 Fatheree abstained for voting. Motion was made by Justin La Fleur and seconded by Joseph Bjorgaard to table the discussion on certification for the Nixon Police Department officers to get DPS/DOT Inspections. Discussion on NETDATA regarding case management for the Nixon Municipal Court, Judge Becker asked to address council in executive session. Foreman Report was presented by Jeremy Bustos Police Chief Report was given by Interim Chief Toliver City Administrator Report was given by Interim City Manager Harold Rice Council came out of regular session at 9:10 pm and went into Executive Session under Texas Government Code Section 551.074, (Personnel) CITY MANAGER and Texas Government Code Section 551.071 (Consultation with Attorney) PASSION FOR PAWS at 9:21 pm Council ended its Executive Session as per Texas Government Code 551.074 (Personnel) CITY MANAGER and Texas Government Code 551.071 (Consultation with Attorney) PASSION FOR PAWS at 11:30 pm and entered its regular session at 11:31 pm. 4 P a g e
Motion was made by Joseph Bjorgaard and seconded by Justin La Fleur to approve the negotiation of a contract with NETDATA and the Nixon Municipal Court. The funds will come from the Municipal Tech fund and the remaining salary from the part time clerk position. Motion carried 5-0. Motion was made by Justin La Fleur and seconded by Joseph Bjorgaard to add to the job description of the City Manager under other duties listed In Lieu of a Code Enforcer the City Manager to be the Code Official. Motion carried 5-0. Motion was made by Joseph Bjorgaard and seconded by Patricia Dingler to increase the City Manager pay by 3% until budget time. Motion carried 4-1 Fatheree opposed Motion was made by Joseph Bjorgaard and seconded by Patricia Dingler to adjourn the meeting. Motion carried 5-0. Madam Mayor Finch Doug Koenig Patricia Dingler Justin La Fleur Joseph Bjorgaard Attest Gina Trotter City Secretary Mary Ann Fatheree 5 P a g e