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August 12, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 12,2024 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building,207 N. 12th Street,Nederland, Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER 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 was led by Mayor Pro Tem Sonnier. 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 Tern Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Item"a thru b" as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. a. Minutes—July 22,2024 regular meeting b. Consider action approving Resolution No. 2024-09, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered GNR Enterprises LLC dba Butcher's Korner. 4. REGULAR AGENDA a. A Motion was made by Councilmember Root and seconded by Councilmember Duplant to set a Joint Public Hearing for the purpose of receiving comments regarding the request to re-zone property located at 1011 Chicago Avenue, described as Lot 27, Block 10 of Nederland Addition from property zoned R-2 (duplex residential)to C-3 (highway retail) for the construction of a commercial building to store materials for their construction business. The Joint Public Hearing will be held September 9, 2024 at 4:30 PM at Nederland City Hal. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Minutes continued, August 12, 2024 b. A motion was made by Councilmember Root and seconded by Councilmember Duplant to authorize the submission of an Energy Efficiency and Conservation Block Grant Program application. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. c. A motion was made by Councilmember Root and seconded by Councilmember Guillot to authorize a Request for Qualifications for grant administration and management services associated with a Community Development Block Grant application. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve Change Order No. 1 —2023 Concrete Street Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. At the February 27, 2023 City Council meeting,the 2023 Concrete Street Rehabilitation project, which included concrete street repairs to Avenue H from 29th Street to the frontage road and South 21st Street from Helena Ave to Detroit Ave, was awarded to the lowest responsive and responsible bidder—Brystar Contracting in the amount of $1,395,135.52. The City Council approved Change Order No. 1 in the amount of $213,472.54 (15.3% increase); the additional cost shall be paid via the Street Improvement Fund. The City Council sought clarification on the cause of the change order. The Public Works Director explained that a portion of the change order was the result of greater concrete panel repairs on both 21st Street and Avenue H and a portion of the change order was the result of an oversight on original bid documents (the wrong quantities were included on the bid documents that resulted in all submitted bids being uniformly underbid). The project engineer, Schaumburg & Polk, Inc. and the Public Works Director recommended approval of the Change Order. e. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve final payment and release of retainage for the 2023 Concrete Street Rehabilitation project, in the combined amount of $398,789.79. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to authorize the solicitation of bids for the Community Development Block Grant Street Improvements project funded through the Texas General Land Office. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. g. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to authorize the. solicitation of bids for the South 5th Street Roadway Improvements project. MOTION CARRIED. Minutes continued, August 12, 2024 AYES: Mayor Albanese,Councilmembers Duplant,Root, Sonnier,and Guillot. NOES: None. In the 600 block of South 5th Street, a "sinkhole" was found in early June. Last year, South 5th Street between Ave H and Nederland Ave was re-surfaced; this included repairs-to a spot in this vicinity that was sinking. In the 1990s, a similar issue was addressed in this area. Since June, the Public Works staff attempted to identify the cause of this repeated issue and solicited assistance from Soutex. It is necessary to complete repairs to the manhole and then resurface the road. The Street Improvement Fund would fund this project; the estimated cost of construction is between $50,000 and $80,000. Rob Woods, Director of Public Works, stated that the manhole has settled and it will be excavated and piers will be installed. Britton Jones, 1132 Gary, commented that this issue has been blocking 1/2 of a resident's driveway for over 2 months and would like for the City to find a permanent solution. h. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve a work authorization with Schaumburg&Polk, Inc. for the 2024 Wastewater System amended Study—Western Section. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Earlier this year, the Public Works staff began to investigate sewer issues in the western section of the wastewater system. Following inspection of the lines, the Public Works Director recommends engaging Schaumburg & Polk, Inc. for smoke testing and manhole inspection and flow monitoring testing; SPI would complete their testing and inspection and present a final report with their finding and recommendations for possible improvements. SPI would take no more than 120 days to complete this work; the timeline is subject to weather conditions that can affect the flowing monitoring and smoke testing segments. The flow monitoring data will be compared with the data that was collected in 2016. The SSES Fund would cover the costs of this work. Chris Duque, City Manager, stated that the public will be notified of the scheduled smoke testing thru STAN and social media. Rob Woods stated there are 210 manholes and approximately 85,000 linear feet of sewer lines in this western section that will be tested. The testing will show any areas of infiltration in the system. Darren Fanette, 1016 N 31St St., commented on the timetable for smoke testing in past years and questioned whether open cleanouts would be an issue. Chris Duque stated that violations for open cleanouts will be addressed. i. Fiscal Year 2024-2025 Budget: i. Chris Duque, City Manager, stated the City Charter requires that a preliminary budget be presented to the City Council. At the budget workshop held on July 10th, the preliminary budget was presented and there have been no revisions since that workshop. A public hearing must be scheduled to solicit public input/comments regarding the budget. A copy of the budget will be available in the City Clerk's Office and posted on the City's website. Mr. Duque recommended approval of Minutes continued, August 12, 2024 Resolution No. 2024-10, setting the budget public hearing date of Monday, August 26th at 4:30 p.m. at the Nederland City Hall. The budget would be adopted at the September 9th City Council meeting. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve Resolution No. 2024-10, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2024 and ending September 30, 2025 and calling for a Public Hearing to be held on August 26, 2024 at 4:30 p.m. at Nederland City Hall (207 North 12th Street) for the purpose of discussing the proposed budget as per Article VI of the City Charter. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ii. Chris Duque, City Manager, stated that the current tax rate is $0.467607 per $100 assessed taxable value. In 2019, the State Legislature approved Senate Bill 2 that made significant changes to property taxes. Previously, the City discussed adopting a tax rate between the "effective tax rate" (the benchmark tax rate needed to raise the same amount of maintenance and operations property taxes on existing property as the previous year after taking into account changes in appraised values) and the "rollback tax rate" (the tax rate necessary to raise precisely 8% more maintenance and operations tax revenue as the year before after taking into account appraisal fluctuations). Following SB2, the term "effective tax rate" has been changed to "no-new-revenue tax rate" and "rollback tax rate" has been changed to "voter- approval tax rate." The "voter-approval tax rate" is calculated utilizing 3.5% instead of 8%. The effective tax rate or no-new-revenue tax rate has been calculated as $0.426791, and the rollback tax rate or voter-approval tax rate has been calculated as $0.440806. On Monday, July 22th, JCAD submitted the assessed taxable value of $1,745,567,778, an increase of$107,004,933. I recommend the City Council reduce the tax rate to the voter-approval tax rate or $0.440806 per $100 assessed valuation. The proposed budget is based on this tax rate. Per state law, it is necessary for the City to hold a public hearing on the proposed tax rate; the proposed tax rate public hearing will be held on Monday, August 26th. The subsequent agenda items are included to satisfy legal requirements. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to approve the proposed tax rate for the fiscal year beginning October 1, 2024 and ending September 30, 2025. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. iii. A motion was made by Councilmember Root and seconded by Councilmember Guillot to schedule tax rate adoption dates: • Monday, August 26th at 4:30 p.m. (regular meeting) at the Nederland City Hall—Public Hearings. • Monday, September 9th at 4:30 p.m. at the Nederland City Hall (regular meeting)—Adopt the Tax Rate. Minutes continued, August 12, 2024 MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. iv. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tem Sonnier regarding the proposed tax rate and establishing the dates of Monday, August 26th at 4:30 p.m. at Nederland City Hall for public hearings. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root, Sonnier,and Guillot. NOES: None. v. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve Resolution No. 2024-11, authorizing the publication of the notice of intent for Certificates of Obligation to finance city sanitary sewer and water supply system projects (Certificates of Obligation, Series 2024). MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:29 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Deliberations about Real Property—Texas Government Code, Chapter 551.072. 6. RECONVENE The regular meeting was reconvened at 6:04 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 6:05 p.m. Pon Albanese, Mayor City of Nederland,Texas ATTEST: IvideAtea/ \\•,\AEDER, ,,/, Joni 6nderwood, City Clerk _=� A*,. ` kW) City of Nederland, Texas :71—/e � CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Bret Duplant Council Member-Ward I Sylvia Root Council Member-Ward II Randy Sonnier Council Member-Ward III t/ David Guillot Council Member-Ward IV Chris Duque City Manager Joni Underwood City Clerk sem_- Cay V Chris Leavins City At or Heather Stucker Director of Finance ✓ Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian Holly Guidry Human Resources Director Toby Latiolais Parks Director P / Zego-(919A Ald9ebanes , Mayor a LUnd Joni Un•t'•rwood, City Clerk 8-12-24 Date RESOLUTION 2024-09 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS,the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises;and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments,welfare, and prosperity of its citizens;and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment,economic activity,and stability;and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular votein a duly authorized election to serve the public purposes herein described;and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval,to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to project costs associated with GNR Enterprises LLC in an aggregate maximum amount of not more than Sixty-Five Thousand dollars ($65,000.00), in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 22nd day of July ,2024 at which meeting a quorum was present and voting. pc)naitriirLd.D1Aanese,Mayor City of Nederland,Texas ATTEST:r /J ' ut idol � Joni lint-rwood,City Clerk City of Nederland,Texas ,outliiiiimv\EDE°°'' 0APP: . � • AS. •,FORM AND LEGALITY: Q•.•••\••.,Ey G. eayiy:,City Attorney - 6,� o; City of Nederland,Texas ��oG .. .,<(,,,s,-- ,„{r ,T +OF j� PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this %p`day of aura ,2024 at which meeting a quorum was present and voting. 45•ej Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni Un/-rwood,City Clerk City of Nederland,Texas APPROV.B ` ,,E)1 �T FORM AND LEGALITY: . .. a 1� is ins,City Attorney 01. 1 liWJ City of Nederland,Texas % OF ]E`� , 1 CITY OF NEDERLAND RESOLUTION 2024-10 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30,2025. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1,2024 and ending September 30,2025;and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 4:30 p.m.,August 26,2024,to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 12th day of August 2024. Don Al anese, Mayor City of Nederland,Texas ATTEST: JonOrd nderwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: oho- or- 44- Chris Leavins, City Attorney City of Nederland,Texas ,............,, :nqi r‘ pi rr„rririiirr%V+';` RESOLUTION NO. 2024-11 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION WHEREAS,the City Council of the City of Nederland,Texas(the"Issuer"),deems it advisable to issue Certificates of Obligation to fund study, design, acquisition, demolition, construction, reconstruction, installation, purchasing, equipping, renovation, rehabilitation, extension, enlarging, and improvement of(1) City sanitary sewer systems, including acquiring lands and rights-of-way necessary thereto or incidental therewith; (2) City water supply systems, including acquiring lands and rights-of-way necessary thereto, in accordance with the Notice hereinafter set forth,now therefore, * * * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. SECTION 2. The City Clerk is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the form attached hereto as "Exhibit A" and made a part hereof. SECTION 3. The notice set forth in "Exhibit A" to this Resolution shall be published once a week for two consecutive weeks in a newspaper of general circulation in the area of the Issuer, the date of the first publication to be before the 45th day prior to the date set in said notice for the issuance of Certificates of Obligation. SECTION 4. The Mayor, City Clerk, and other officers of the Issuer are hereby authorized and directed to do any and all things necessary or desirable to cavy out the provisions of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its passage. PASSED,APPROVED,AND ADOPTED this August 12, 2024. DON ALBANESE, Mayor City of Nederland, Texas ATTEST: JON UNDERWOOD, City Clerk " " '''/%,,L. ,�� City of Nederland, Texas °°•°°° -,e '%� EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Nederland, Texas (the"City"), shall convene at 4:30 o'clock p.m. on October 28, 2024, during its regular meeting in person and/or by teleconference and during such meeting, such City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation to be issued in one or more series in an amount not to exceed $8,000,000 for the purpose of paying contractual obligations to fund study, design, acquisition, demolition, construction, reconstruction, installation, purchasing, equipping, renovation, rehabilitation, extension, enlarging, and improvement of(1) City sanitary sewer systems, including acquiring lands and rights-of-way necessary thereto or incidental therewith; (2) City water supply systems, including acquiring lands and rights-of-way necessary thereto or incidental therewith; and (3) certain other costs related and incidental thereto. The certificates of obligation will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable property within the City and from a pledge of certain available net revenues derived from the operation of the City's water and sanitary sewer system. The certificates of obligation are issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Section 271.049, as amended. In accordance with Texas Local Government Code Section 271.049,(i)the current principal amount of all of the City's outstanding debt obligations is $22,475,000; (ii) the current combined principal and interest required to pay all of the City's outstanding debt obligations on time and in full is $27,871,962; (iii)the estimated combined principal and interest required to pay the certificates of obligation to be authorized on time and in full is$12,751,722; (iv)the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is September 1, 2064. If prior to its approval of the proposed certificates of obligation on October 28,2024, the City Clerk receives a petition signed by at least five percent of the qualified voters of the City protesting the issuance of the certificates of obligation, the City may not authorize the issuance of the certificates of obligation unless the issuance is approved at an election ordered,held, and conducted in the manner provided for bond elections under Texas Government Code, Chapter 1251. /s/Don Albanese Mayor