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February 10, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 10,2025 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 4111 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 William Spell. 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 Councilmember Root and seconded by Councilmember Guillot to approve the Consent Agenda Item"a" as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. a. Minutes—January 27, 2025 regular meeting 4. REGULAR AGENDA a. A motion was made by Councilmember Guillot and seconded by Councilmember Root to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. b. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Resolution No. 2025-02, ratifying the action of the Nederland Economic Development Corporation Board of Directors in regard to the incentive offered to Sorella's Wine Bar (1217 Boston Avenue) in the amount of $30,000. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot. Minutes continued, January 10, 2025 NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. c. A motion was made by Councilmember Guillot and seconded by Councilmember Root to,approve the request for a Specific Use Permit(SUP) for the property located at 104 South Twin City'Highway (lot 5, Block 15F, Tracts 2 and 17 of PALCO Addition) for a tire repair shop in a C-2 (neighborhood retail) zoned area, contingent upon the conditions specified. 1. The SUP is not effective until the new building to accommodate the tire repair business is completed and a certificate of occupancy is issued; 2. The SUP only approves.a tire repair shop,not-an automobile-repair-shop; 3. A building permit for the new structure.must be secured within six months (from the date of the Council's decision regarding the SUP) or the SUP shall be null and void; 4. Construction of the new structure will be completed within one year following the issuance of a building permit; 5. Tire repair work shall be performed inside the new structure; 6. All tire storage for disposal or new tires shall be stored in a location not visible to the public and either stored inside the structure.or finder a covered area on concrete or on a rack to keep the tires off the natural ground. 7. No motor vehicles shall be stored or parked on the property that are not immediately being worked on at the tire repair shop structure or are the tire repair shop employees' personal vehicles MOTION CARRIED. AYES: MayoiAlbanese,Councilmembers Duplant,Root,Swirlier, and'Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. The SUP applicant, Wahleed Khan, will need to secure the permit within six months of the SUP approval. If the buildout work is not completed within one year, the applicant will need to reapply for the permit. d. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to authorize the purchase of play equipment for Cropo LeBlanc Park via state- approved contract in the amount of$71,789.79. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. e. A motion was made by Councilmember Guillot and seconded by Councilmember Root to award bid to Eastex Utility Construction in the amount of $820,520 for the 2024 Water Line Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. Todd Perkins, 146 Nederland Avenue, requested a drawing of the plans for this project. f. A motion was made by Councilmember Guillot and seconded by Councilmember Root Minutes continued, January 10, 2025 to approve an amendment to the engineering services agreement with Westwood for engineering services related to the Water Treatment Plant Clarifier Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. Rob Woods, Director of Public Works, stated the costs of the project will not change, only the engineering services portion. Britton Jones, 1132 Gary Avenue, requested information on the number of clarifiers we currently have. Rob Woods stated we have two and they are on a six-month rotation for operating. g. Chris Duque, City Manager, discussed the scope of work regarding engineering/design services related to the emergency management use of 204 and 213 North 12th Street. The concept of the building remains the same as what was previously discussed at 1308 Boston Ave (minus the office space for Inspections, Code Enforcement, and I.T.). The building will likely be a two-story structure with a training room for 40-50 individuals downstairs; the training room would serve as the secondary emergency operations center; a full kitchen will be built downstairs with space for a minimum of two dispatch consoles. The second story would have the areas for sleeping quarters, showers, and restrooms. The building will be built for a 150MPH wind event (category 4 hurricane). The building will have a generator. The building will not require additional parking due to the existing parking behind City Hall, along Atlanta Ave and street parking on 13th Street. The construction budget including engineering/design is $5M. Councilmember Duplant asked if other bids had been received. Chris Duque stated the engineering services are a professional service that cannot be "competitively bid" as per state law. The selection should be made on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price. If the city wanted to get several bids then an RFP would need to be drafted. The motion and vote of the City Council did not direct staff to prepare an RFP. A motion was made by Councilmember Guillot and seconded by Councilmember Root to table this item. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. Jolie Shipley, 8765 Holmes Road, asked if the water run-off plan would be put into place before the concrete is prepared and asked a series of questions and made statements regarding drainage policy with development. Councilmember Duplant and Rob Woods,Director of Public Works, attempted to address these questions and statements. Chris Duque stated the agenda item is focused on engaging an engineer for the design of a building,not a discussion regarding drainage policy and further discussion of drainage policy needs to end. Minutes continued, January 10, 2025 Britton Jones stated he agrees with Ms. Shipley and would also like to see the city obtain additional proposals for this work. h. Chris Duque stated there is a $400,000 allocation for various improvements to the downtown area in the fiscal year 2024-2025 budget. The last significant downtown improvements were completed in the mid-2000s, and the new NEDC development on Atlanta Ave must be visibly tied-in to Boston Ave. Thus far, the following work has been completed or is being completed: 1) median repairs across from Chamber of Commerce building ($23,000), 2) installation of new steps at/near 12th St/Boston Ave and 14th St/Boston Ave ($4,500), and curb striping along Boston Ave ($3,826). Neededwork includes replacing slats in.all benches;'installation of four garbage cans and a dog-pooping bagging station. The greatest effort would be focused on the alleyway near Gaudie; this alleyway would serve as the pedestrian connection to the development on Atlanta Ave. Shaded canopies and additional lighting would be added. The decorative light poles would be upgraded to LED. A landmark `sign' would be added to the alleyway. This could be a 'love lock' statue in the shape of a large heart or spelling out the word 'NED.' Soliciting input from downtown business owners via a public hearing may be an option the City Council-takes prior to taking action. Jolie Shipley asked about the costs of replacing the slats in the benches and suggested obtaining other bids or letting the Eagle Scouts repair the benches as a project. Britton Jones asked if the $68,000 for the benches included the cost of labor and suggested replacing the benches altogether. No action is needed on this item. i. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to approve the Order of General Election for the City of Nederland's May 2025 general election, which includes adding hours for early voting on Saturday, April 26, 2025, from 10:00 am to 7:00 pm. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmembers Duplant and Sonnier. Chris Duque stated Monday,April 21st is a state-holiday so early voting cannot begin that Monday. A Request for Additional Early Voting on Saturday or Sunday was submitted to the City Clerk in accordance with Texas Election Code Section 85.006(d)requesting early voting hours on a Saturday. Thus, it is necessary to add Saturday,April 26th as an early voting day. State law prescribes a minimum of nine hours of early voting on Mondays through Fridays,but the City Council has full authority to set the hours of early voting on a Saturday. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:30 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; Minutes continued, January 10, 2025 Personnel — Texas Government Code, Chapter 551.074, Discuss personnel — City Manager. 6. RECONVENE The regular meeting was reconvened at 6:13 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 6:15 p.m. a - W on Alb ese, Mayor City of Nederland,Texas ATTEST: G r11Aw LV SLI WVU1i `����u+niuuirrrrrr�i Joni nderwood, City Clerk `` QED City of Nederland, Texas ��'� • .... C1e ) :_ CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET ' NAME TITLE PRESENT ABSENT Don Albanese Mayor / Bret Duplant Council Member-Ward I /VI r Zoom Sylvia Root Council Member-Ward II Randy Sonnier Council Member-Ward III ✓VIA 2 ilii David Guillot Council Member-Ward IV / Chris Duque City Manager / Joni Underwood City Clerk sQad l `d 8' tiorne,9 - 1/ Chris Leavins City Attorney ✓ Heather Stucker Director of Finance / Po., + p,o d P-ss;s ; police. Me. ✓ Gary Porter Police Chief ✓ Terry Morton Fire Chief / Robert Woods Director of Public Works George Wheeler Building Official / Molli Hall Librarian / Stephanie Gaspard Human Resources Director / Toby Latiolais Parks Director t/ psp#47,e. on Albanese, Mayor 4iO4BACb/ Joni Un erwood, City Clerk a-10-25- Date 1D-2SDate RESOLUTION 2025-02 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 vote in 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 Sorella's Wine Bar in an aggregate maximum amount of not more than Thirty Thousand dollars($30,000.00),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 10th day of February , 2025 at which meeting a quorum was present and voting. Alia-t.e�r✓ anese,Mayor City of Nederland,Texas ATTEST: u: („. cLphu>oro Joni Und rwood,City Clerk `F"�yuumpuNNNN, City of Nederland,Texas .�``` NEDF,p' , APPROVED AS TO FORM AND LEGALITY: =v:f4*-qt,s�` .eGi✓Iiv� IV rzE '410 t!x r� o Chris Leavins,City Attorney .G..• -.....•-",5(.,- City City of Nederland,Texas ''�. OF ]�F�, `�� PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this_day of ,2025 at which meeting a quorum was present and voting. Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni Underwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Chris Leavins,City Attorney \‘‘"IE'Dll1/4'O%', City of Nederland,Texas 2�� "`"'�, OF.EFS ` 1-2 Prescribed by Secretary of State Sections 3.004,3.005,3.006,85.004,85.006,85.007 Texas Election Code 9/2023 ORDER OF GENERAL ELECTION FOR MUNICIPALITIES ORDEN DE ELECCION GENERAL PARA MUNICIPOS An election is hereby ordered to be held on May /03 / 2025 for the purpose of voting on: (date) (Por la presente se ordena celebrar una election el mayq 03 / 2025 con el proposifo de vofar sobre.) (fecha) List Offices/Propositions/Measures on the ballot(EnOmere los puestos/proposiciones/medidas oficiales en la bolefa) Mayor,Councilmember Ward II and Councilmember Ward IV Alcalde,Concejal Pupilo II,Concejal Pupilo IV Early voting by personal appearance will be conducted each weekday at: (La votacion adelantada en persona se Ilevara a oabe de tunes a viernes en:) The Main Early Voting Location (sitio principal de votacion adelantada) Location (sitio) Hours (horas) Nederland City Hall,207 N.12th St.,Nederland,TX April 22,23,24,25,28 and 29,2025,8:OOam-5:OOpm Branch Early Voting Locations (sucursal sitios de votacion adelantada) Location (sitio) Hours (horas) None Early voting by personal appearance will be conducted each weekend at: (La votacion adelantada en persona se llevara a cabo en el fin de semana.en:) The Main Early Voting Location (sitio principal de votacion adelantada) Location (sitio) Hours (horas) Nederland City Hall,207 N.12th St.,Nederland,TX April 26,2025,10:00am to 7:00pm Branch Early Voting Locations (sucursal sitios de votacion adelantada) Location (sitio) Hours (horas) None Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:) Joni Underwood Name of Early Voting Clerk (Nombre del Secretario/a de la Votacion Adelantada) 207 N.12th St. Address (DirecciOn) Nederland 77627 City (Ciudad) Zip Code (Codigo Postal) 409-723-1503 Telephone Number(Numero de telefono) junderwood@ci.nederland.tx.us Email Address(Direccion de Correo Electronico) www.ci.nederland.tx.us Early Voting Clerk's Website (Sitio web del Secretario/a de Votacion Adelantada) Applications for Ballots by Mail (ABBMs) must be received no later than the close of business on: (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse no más tardar de las horas de negocio el:) 4 / 22 / 2025 . (date)(fecha) Federal Post Card Applications(FPCAs) must be received no later than the close of business on: (La Tarjeta Federal Postal de Solicitud deberan recibirse no más tardar de las horas de negocio el:) 4 / 22 / 2025 (date)(fecha) Issued this 10 day of February ,20 25 (day) (month) (year) (Emitida este dia_10 de February 20 25 .) (dia) (mes) (alio) Signature of Mayor(Firma del Alcalde) � t Signature of Councilperson,Ward I - ure Councilperson, hard II (Firma del Concejal) (Firma • oncejal) /. Signature of Councilperson,Ward III Signature of Counci(person,Ward IV (Firma del Concejal) (Firma del Concejal)