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February 8, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEOERLAND 4:30 P.m. February S, 2021 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. This meeting was closed to in-person attendance by the public. A temporary suspension of the Open Meetings Act to allow telephone or videoconference public meetings has been granted by Governor Abbott. Telephonic and videoconferencing capabilities were utilized to allow individuals to address the City Council. The following statement was posted: "PIJRS IJANT TO SECTION 30.07, PENAL COOS (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN 3, A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANOGUN LICENSING LAW 3, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2_ INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk_ 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 Tem Hollier and seconded by Councilmember Austin to approve the Consent Agenda Items a-b as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Horner, and Root. Noes: None. a. Minutes - January 25, 2021 regular meeting b. Consider action authorizing the closure of various city streets for the Nederland Heritage Festival FUN RUN. 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Councilmember Root to accept the financial report from the Nederland Historical Society. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, February 8, 2021 b. A motion was made by Councilmember Austin and seconded by Councilmember Root to authorize the submission of an Assistance for Firefighter grant application to FEMA. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. c. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Root to authorize the submittal of a State Homeland Security Program grant application to TDEM. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve Resolution No. 2021-04, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1215/1217 Boston Avenue. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve Resolution No. 2021-05, ratifying a Declaration of Disaster of Local State of Disaster in response to Hurricane Delta and consenting to continuation of the disaster declaration for a period of more than seven days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Hollier to approve Resolution No. 2021-06, ratifying a Declaration of Disaster of Local State of Disaster in response to concerns related to the Coronavirus Disease 2019 (COVID-19) and consenting to continuation of the disaster declaration for a period of more than thirty days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Neal to approve Ordinance No. 2021-02, amending the Golf Cart Ordinance. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. Chris Duque, City Manager, reported bids were received for the South 14th Street Sanitary Sewer Rehabilitation project on January 7, 2021 with two submitted bids. The lowest submitted bid was from BULL-G Construction. Upon bid review of the supporting bid documents, it became clear BULL-G Construction failed to demonstrate the ability and experience to perform pipe bursting. Staff recommended declaring Lopez Utilities as the lowest, responsible bidder in the amount of $141,507.50. BULL-G was given an opportunity to appeal city staff's decision to City Council. There was no response. Minutes Continued, February 8, 2021 A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Hollier to award a bid to Lopez Utilities in the amount of$141,507.50 for the South 14th Street Sanitary Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. i. Chris Duque, City Manager, stated the 2021 street program budget is $1,570,273.00, which will be paid via the Street Improvement Fund and the Street Department's Street Improvements line-item. Street Improvement Fund $1,295,273 Street Department General Fund $ 275,000 TOTAL $1,570,273 The proposed Streets Program is divided into 4 main components: BOMAG/Chip Seal, Concrete Street Repairs, Hot Mix Overlays/Re-surfacing, and Street Markings and Painting. DESCRIPTION COST $ 224,323 Concrete Street $ 850,000 I lot Mix Overlay I. BOMAG/CHIP SEAL $224,323 is allocated for BOMAG/Chip Seal road projects. This work will be done with the assistance of Jefferson County Precinct 2. Over 3 miles of roads will be re- surfaced. Mr. Duque recommended the following streets be included in the 2021 Street Program: BOMAG AND CHIP SEAL WIDTH LENGTH 5th Street - Boston Ave to dead end 20 550 11th Street - Boston Ave to Nederland Ave 20 675 12th Street - Helena Ave to Kent 20 1,125 22nd Street - Detroit Ave to Nederland Ave 20 1,280 S. 1 1/2 Street - Nederland Ave to Ave D 20 1,100 S. 8th Street - Avenue E to Ave H 20 1,025 S. 13th Street - Avenue A to Ave H 20 2,150 Avenue B - S. 17th St. to South 20th St. 20 800 Avenue C - S. 35th St. to Hardy 20 925 Avenue K - S. 14th St. to S. 16th St. 20 700 Chicago Ave - S. 7th St. to S. 11th St. 20 1,850 Franklin Ave - 14th St. to 15th St. 20 325 Gary Ave - 2600 block to 2500 block 20 600 Green Ave - Holmes Road to Hwy 69 20 2,100 Minutes Continued, February 8, 2021 Shelly - Beauxart Garden Road to dead end 20 675 North 29th St. - Canal to Seattle 20 1,050 Total Lf 16,930 II. CONCRETE STREET $850,000 is allocated for concrete repairs. This work will require engineering prior to authorizing the solicitation of bids for the work to be completed by a contractor. Sections of Avenue H, 21st Street, and 30th Street will be repaired. Road Concrete Replacement Lf Description Avenue H - Highway 69 to Twin City Hwy 9,250 Replace bad sections 21st Street - Detroit to Helena 1,250 Replace bad sections 30th Street - Nederland Ave to West Atlanta 800 Replace bad sections Total Lf 11,300 III. HOT MIX OVERLAY $332,750 is allocated for hot mix overlay projects. This work will require engineering prior to authorizing the solicitation of bids for the work to be completed by a contractor. The following projects have been identified: HOT MIX OVERLAY WIDTH LENGTH Boston Avenue - 15th St to Twin City Hwy 55 1,525 Boston Avenue - Twin City Hwy to 10th St 55 700 20th Street - Helena Ave to Canal 20 800 Mr. Duque recommend removing the Boston Avenue from Twin City Hwy to 10th Street. This section of Boston Avenue is in poor condition and requires attention. He also recommended this area be rebuilt as a concrete street rather than a hot mix overlay street. The heavy truck traffic from the industrial business on 10th Street that utilizes this road and intersection would be better served with a concrete street. In its place will be the resurfacing near the 27th St/Nederland Ave intersection that was open cut for a waterline repair. IV. STREET MARKING & PAINTING $18,200 is allocated for hot mix overlay/re-surfacing project. Mr. Duque recommended the following work: Boston Avenue between 17th Street and Twin City Highway and 18th Street between Helena Ave and Canal. The Boston Avenue work would be included in the hot mix overlay bid, and the 18th Street work would be contracted out separately. 2021 CERTIFICATES OF OBLIGATION - STREETS AND DRAINAGE Mr. Duque proposed issuing $4M in Certificates of Obligation (COs) this spring; $3M for streets and $1M for drainage. While preparing the 2021 Street Program hot mix overlay, staff compiled a list of future projects that can be addressed with this funding. The final decisions on these projects must be made by the end of March to begin the process to issue the COs. Minutes Continued, February 8, 2021 Mr. Duque recommend the following projects: Widening of the bridge at the 18th St/Canal intersection $450,000 Concrete rebuild of Boston Ave between Twin City Hwy and 10th St $400,000 Concrete repairs - Nederland Ave between RR tracks and 3rd St $360,000 Hot Mix Overlay 9th Street - Helena to Nederland Ave (2,550 If) $285,000 Avenue L - Twin City Hwy to S. 16th St (1,800 If) $200,000 23rd Street - Helena to Nederland Ave (1,900 If) $210,000 S. 23rd Street - Nederland Ave to Ave H (2,600) $290,000 S. 25th Street - Nederland Ave to Ave H (2,600) $290,000 Luling - Twin City Hwy to 14th St (1,400 If) $155,000 33rd Street - Hardy to Nederland Ave (1,000) $110,000 TOTAL $2,750,000 Another potential project Mr. Duque identified was Hardy Avenue. Currently, Hardy Ave is a chip seal road. Due to the constant heavy truck traffic that utilizes Hardy Ave (from the Service Center), a hot mix overlay of the street would not be ideal. A concrete street reconstruction of Hardy Ave would cost between $500,000 and $1M due to the length of the road (3,500 linear feet). In addition, funds ($150,000) should be held to hot mix overlay Seattle Ave between the new high school connection and 18th Street; this work would be completed in late 2022 or early 2023 once the new high school construction is near completion. $1M would be allocated for a drainage project and drainage studies. For the past year, staff has assessed a drainage issue at the South 17th St/Avenue N cul-de- sac. Approximately $500,000 would be set aside for this project once staff receives and reviews a recommendation. $500,000 would be allocated for an engineering firm to complete a drainage study that focuses on these three areas: Nederland Avenue between 8th St and 1st St, Helena Avenue near 36th St, and Seattle Avenue from 27th St to 30th St (determine impact of redirecting the outfall of the north ditch line of Seattle from 27th St to 30th St. The drainage study would be utilized for future work. No action was necessary. j. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to approve a work authorization with Schaumburg & Polk, Inc. for engineering services related to the asphalt street work included in the Street Program. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. k. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a work authorization with Schaumburg & Polk, Inc. for engineering services related to the concrete street work included in the Street Program. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. I. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to approve an interlocal agreement between the City of Nederland and Jefferson County for road improvements. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Minutes Continued, February 8, 2021 Noes: None. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • Rotary Club of Nederland will host Hooked on Fishing Not on Drugs on February 20th at Doornbos Park. • The first virtual townhall meeting will be held February 22nd at 6:00 p.m. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:28 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. �011111111tt1t(1t �DER(,4 mon Albanese, Mayor y: "‘A City of Nederland, Texas Nv,„fin,,° 4 ATTEST: igqGaY FerguCUj#LA n, City Clerl, City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENTENABSENT Don Albanese Mayor V/ V Talmadge Austin Council Member-Ward I ` / Billy Neal Council Member-Ward II v Emmett Hollier Council Member-Ward III V Sylvia Root Council Member-Ward IV V Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney `' Cheryl Dowden Director of Finance v Gary Porter Police Chief V Terry Morton Fire Chief Robert Woods Director of Public Works v George Wheeler Building Official v Victoria Klehn Librarian V Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director on Albanese, Mayor 1�4�D ' " ay Fergus n, City�0 February 8, 2021 Date I RESOLUTION NO. 2021-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON MARCH 16, 2020 IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the City of Nederland, Texas has been impacted by the Coronavirus Disease 19 (COVID-19)that was declared a pandemic by the World Health Organization;and WHEREAS,on March 16, 2020, Don Albanese, Mayor of the City of Nederland,Texas issued a Declaration of Disaster declaring a state of disaster for the City of Nederland;and WHEREAS,the Nederland City Council via Resolution No. 2020-03, No. 2020-04, No. 2020-06, No. 2020-09, No. 2020-12, No. 2020-14, No. 2020-19, No. 2020-29, No. 2020-30, and No. 2021-03 authorized the extension of the Declaration of Disaster in accordance with Section 418.018 of the Texas Government Code;and WHEREAS,the conditions necessitating such disaster declaration continue to exist;and WHEREAS, pursuant to Section 418.108(b),Texas Government Code, a local state of disaster may not be continued for a period in excess of seven(7)days without the consent of the governmental body of the political subdivision;and WHEREAS,the continued presence and effects of Coronavirus Disease 19(COVID-19) pose an imminent threat to public health and safety and immediate action of the City Council is required. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The declaration of disaster, which was signed and executed by the Mayor on March 16, 2020, shall be extended by the City Council of the City of Nederland effective February 14, 2021 through March 16, 2021 in accordance with Section 418.018 of the Texas Government Code. Section 2. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act,Texas Government Code,Chapter 551. Section 3. This resolution shall become effective from and after its passage. o F USED AND APPROVED by the Nederland City Council this the 8T"day of FEBRUARY,2021. s'sNES =, ; � Don Albanese, Mayor OF FFA City of Nederland, Texas ATieES : /bOkag 41f1/ -- Gay Ferg�Yson, City Cler APPROVED AS TO FORM AND LEGALITY: i 11/ creot Jes - - , City Attorney RESOLUTION NO. 2021-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON OCTOBER 9, 2020 IN RESPONSE TO HURRICANE DELTA WHEREAS,the City of Nederland,Texas has been impacted by Hurricane Delta;and WHEREAS,on October 9,2020, Don Albanese, Mayor of the City of Nederland,Texas issued a Declaration of Disaster declaring a state of disaster for the City of Nederland;and WHEREAS,the Nederland City Council via Resolutions No.2020-20,No.2020-23, No.2020-28, and No. 2021-02 authorized the extension of the Declaration of Disaster in accordance with Section 418.018 of the Texas Government Code;and WHEREAS,the conditions necessitating such disaster declaration continue to exist;and WHEREAS, pursuant to Section 418.108(b),Texas Government Code, a local state of disaster may not be continued for a period in excess of seven(7)days without the consent of the governmental body of the political subdivision;and WHEREAS,the continued effects of Hurricane Laura pose an imminent threat to public health and safety and immediate action of the City Council is required. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The declaration of disaster, which was signed and executed by the Mayor on October 9, 2020, shall be extended by the City Council of the City of Nederland effective February 17, 2021 through March 19, 2021 in accordance with Section 418.018 of the Texas Government Code. Section 2. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act,Texas Government Code,Chapter 551. Section 3. This resolution shall become effective from and after its passage. „�F iN�q,$ ESD AND APPROVED by the Nederland City Council this the 8T"day of FEBRUARY.2021. °" Pe9-7‘ dihugic-- =,� G', r'c0,. Don Albanese, Mayor �Q . �F�c�o�` City of Nederland, Texas A iiesT�C aTIII. ' /A hi 111 ay Fergu•1•n, City Cler APPROVED AS TO FORM AND LEGALITY: /,. Jess- iCity Attorney 1 ORDINANCE NO. 2021-02 AN ORDINANCE AMENDING CITY OF NEDERLAND, CODE OF ORDINANCES, CHAPTER 102 "TRAFFIC AND VEHICLES", ADDING A NEW ARTICLE IV, "GOLF CARTS" IN COMPLIANCE WITH TEXAS TRANSPORTATION CODE, SECTION 551.403 and 551.404 AS AMENDED OR SUPERSEDED; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 551, Subchapter F, of the Texas Transportation Code, allows for the operation of golf carts within municipalities under certain conditions; and . WHEREAS, the Texas Transportation Code grants to municipalities the authority to control the operations of motor vehicles using its streets and to prescribe reasonable and safe restrictions related to the stopping, standing and parking of vehicles; and WHEREAS, the Texas Transportation Code also permits municipalities to prohibit the operation of golf carts on a public highway if the governing body of the municipality determines that the prohibition is necessary in the interest of safety; and WHEREAS, golf carts are not normally equipped with many of the traditional safety features that customarily required or found on more commonly-used motor vehicles; and, WHEREAS,passenger ejection and injuries can be reduced in an urban setting by requiring additional safety equipment and providing rules of operation; and, WHEREAS, the City Council of the City of Nederland, Texas has investigated and determined that the prohibitions set forth in this Ordinance are necessary in the interest of safety; and WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the citizens of the City of Nederland, Texas and in the best interest of the public health, safety and welfare of the citizens and the public to establish regulations for the operation of golf carts as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1. CHAPTER 102 —AMENDMENT That Section 102"Traffic and Vehicles"of the Code of Ordinances, City of Nederland, Texas, be amended by adding a new Article IV"Golf Carts"to read as follows: IV. GOLF CARTS Section 102-330. Definition A Golf Cart has the meaning assigned by the Transportation Code Section 502.001. Further, Golf Cart means a motor vehicle with not less than three wheels designed by the manufacturer primarily for transporting persons on a golf course without regard to the mode of propulsion or any modifications made to the body, chassis, or any portion of the golf cart by any person. Golf carts specifically exclude go-carts, neighborhood electric vehicles, off-road vehicles, utility vehicles, and all- terrain vehicles, as defined by the Texas Transportation Code. Section 102-331. Operation in master planned community, public/private beach, public highway An operator may operate a golf cart in compliance with Texas Transportation Code, Section 551.403 as amended or superseded; 1. in a master planned community; a. that has in place a uniform set of restrictive covenants; and b. for which a county or municipality has approved a plat; 2. on a public or private beach; or 3. on a public highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated: a. during the daytime; and b. not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course. Section 102-332. Use within corporate boundaries Golf carts may be operated within the corporate city limits on streets with a posted speed limit of not more than thirty-five (35) miles per hour. Section 102-333. Use prohibited on any state highway within corporate boundaries Golf cars are prohibited on any state highway located within the corporate boundaries of the city. Section 102-334. Equipment required A golf cart must have the following equipment, which must continuously remain in good and working order to operate within the corporate city limits: 1. two (2) headlamps 2. two (2) tail lamps 3. side reflectors 4. parking brake 5. rearview mirror(s), capable of a clear, unobstructed view of at least two hundred feet to the rear 6. slow-moving vehicle emblem(s) having a reflective surface designed to be clearly visible in daylight or at night from the light of standard headlamps at a distance of at least 500 feet and shall be mounted base down on the rear of the vehicle at a height from three to five feet above the road surface and shall be maintained in a clean reflective condition 7. a Golf Cart license plate. Section 102-335. Exclusions and limitations. The following exclusions and limitations apply to the operation of any golf cart in the City of Nederland. 1. Golf carts may only be operated by persons with a valid operator's permit and/or driver's license. 2. Golf carts may only be operated upon a public street or highway with a speed limit of not more than 35 mph unless otherwise restricted. 3. A golf cart may cross a street or highway with a speed limit of more than 35 mph if said crossing occurs at an intersection and said crossing is perpendicular to the street or highway with a posted speed limit of more than 35 mph. 4. Golf carts must move to the right and yield the right of way to faster moving vehicles. 5. All golf carts must be equipped with a slow-moving vehicle emblem. 6. The driver and every occupant of a golf cart must remain seated in a seat designed to hold passengers, while the golf cart is in motion. 7. No person may ride in the lap of the driver or any other occupant. 8. Golf carts shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail, or any other location normally used for pedestrian traffic. Section 102-336. Penalties (1) Any violation of this Article is subject to penalties and/or fines under Section 1- 4 of the General Penalty; Continuing Violations of the Municipal Code and/or applicable traffic laws. Sections 102-337 through 102-440 Reserved for future use SECTION 2. REPEALING CLAUSE Any previously adopted ordinances,and any subsequent amendments to them, which are in conflict with this Ordinance, are all hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is the intention of the City Council of the City of Nederland that if any phrase, sentence, section or paragraph of this ordinances shall be declared unconstitutional or otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remainder of this ordinance since the same would have been enacted by the City Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or paragraph. SECTION 4. EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Council and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas, this 8TH day of FEBRUARY, 2021. \o o l I llllq ;,°° F N..... few• - Don Albanese,Mayor /2.c� City of Nederland,Texas firsit IAA skix ay Fergus ,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Je• e Br:n',.rCity Attorney ity of 4 ederland,Texas