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April 9, 2018 REGULAR MEETING OF THE CZTY COUNCIL OF THE CITY OF NEDERLAND 4:30 p_m. April 9, 2018 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12�" Street, Nederland, Texas. See attached for quorum. The following statement was posted: "PlJRSUANT 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 AMC, PLE0GE 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 Albanese and seconded by Councilmember Austin to approve the Consent Agenda Items a-b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_ Noes: None. a. Minutes — March 26, 2018 regular meeting and March 29, 2018 special meeting b. Consider action regarding a request from the Nederland Independent School 'District to utilize the Nederland Swimming Pool, I7oornbos Park, and the Nederland Recreation Center for end of the school year parties. 4. REGULAR AGENDA at. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a proclamation in regard to Sexual Assault Awareness and Prevention Month. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, April 9, 2018 b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a proclamation in regard to National Crime Victims' Rights Week. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to set a public hearing for the purpose of receiving comments regarding amending Appendix A - Zoning of the Nederland Code of Ordinances, amending the minimum lot size for R-2 (duplex residential) development. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to appoint Darrell Bush to the Firefighters' Civil Service Commission effective June 1, 2018 and will expire June 30, 2020. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to amend Ordinance 164, setting the calendar for regular City Council meetings - May 2018 to April 2019. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal to engage the RWL Group for consultant services related to the bid for windstorm insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the solicitation for proposals for windstorm insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. Chris Duque, City Manager, said funds in the amount of$1.1B have been allocated to the Hazard Mitigation Grant Program following Hurricane Harvey. The grant program is designed to provide financial assistance to prevent or reduce future losses to lives and property through the identification and funding of cost-effective mitigation measures and to minimize the costs of future disaster response and recovery. Staff has developed a list of potential projects in accordance with the City's FEMA-approved Hazard Mitigation Plan: • Additional ground water storage at the Water Treatment Plant, including pump upgrades • Generators for the lift stations lacking a generator • Generator for the Nederland Recreation Center and Library • Storm shutters, rubber mat flooring and ADA-compliant restrooms at the Recreation Center • New roof at the Library • Drainage repair along South 35th Street between Avenue A and Avenue B Minutes Continued, April 9, 2018 The estimated cost of the project is over$6M. The Hazard Mitigation grant program funds 75% of the project with a 25% local match. There was no action necessary. i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve a contract extension with DRC Emergency Services, LLC for debris removal and emergency response products, equipment, and services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. j. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve a contract extension with CERES Environmental Services, Inc. for debris removal and emergency response products, equipment, and services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. k. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve Ordinance No. 2018-11, amending the fiscal year 2017-2018 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. I. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve the purchase of 324 North 15th Street, described as Lot 1, Block 14, Nederland and 323 North 14th Street, described as 1/5 Lot 17, 18, Block 14, Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. m. Chris Duque, City Manager, reported the City has been overpaid sales tax by the Texas Comptroller of Public Accounts in the amount of $230,595.98 between the months of January 2010 and November 2013. He recommended repayment of the over-collected sales tax. The payment will be split between the General Fund ($153,730.66), Street Improvement ($38,432.66), and NEDC Fund ($38,432.66). These funds all received sales tax revenue during the previously stated time period; therefore are responsible for the repayment. Mr. Duque recommended to discuss in Executive Session prior to taking action. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:08 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney; Chapter 551.072, Deliberations about Real Property; and Chapter 551.087, Deliberations regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 5:52 p.m. by Mayor Nugent. Minutes Continued, April 9, 2018 m. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve the re-payment of over-collected sales tax to the Texas Comptroller of Public Accounts. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • Discussion of the planned repairs to the French House and Windmill museums • Miscellaneous - Chamber of Commerce Coffee will be in the morning at 8:00 a.m. at Las Rosas 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:57 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. • %1� �• os R. A. Nug•nt, ayor �1„y �- �� �_ City of Neder nd, Texas CCIP 4. Zalf : .E/ iced ay Fergu , , City Clerk P City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENTIABSENT R.A. Nugent Mayor . Talmadge Austin Council Member-Ward I v Billy Neal Council Member-Ward II V Don Albanese Council Member-Ward III V Craig Belaire Council Member-Ward IV / Chris Duque City Manager V Gay Ferguson City Clerk V Jesse Branick City Attorney V Cheryl Dowden ' Director of Finance V 1-11tgauger Police Chief • V Gary Collins ; 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 j Parks Director V R. . Nugent ayor _1 01 // Ai, Al ay Fergu-9,n, Cit �Cler r April 9, 2018 Date AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 7, 2018 THROUGH APRIL 22,2019. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: May 7 and 21, 2018 June 11 and 25, 2018 July 9 and 23, 2018 August 13 and 27, 2018 September 10 and 24, 2018 October 8 and 22, 2018 November 12 and 19, 2018 December 10 and 17, 2018 January 14 and 28, 2019 February 11 and 25, 2019 March 11 and 25, 2019 April 8 and 15, 2019 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 9th s1ar36'A4l, 2018. i dl �i 4** ' # `�� 1:z R. ugef ayor c,91 City of Ne•erland,Texas ‘04^:f..1.F.... ay FeTgilion, City C City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes - Bran'. , ity Attorney Cit of Ne. rland,Texas ORDINANCE NO.2018-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017- 2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted the Fiscal Year 2017-2018 City Budget;and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment"A"attached hereto;and, WHEREAS,the 2017-2018 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2017 and ending September 30,2018,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2017-2018 is amended to allow for adjustments in revenues and expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A RE94bAft4 FETING THIS THE 9th DAY OF APRIL,2018. 0.`O. i R.A.Nuge Mayor .\p � City of Nederland,Texas ay Fergus,/,City Clerk APPROVED AS TO FORM AND LEGALITY: Iiia i L Je.se Bran' ,City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2017-2018 DATE: April 9,2018 DEPARTMENT: Various FUND: General (01), Street Improvement(39) NEDC(75) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4130 Sales Tax 2,800,000 250,000 3,050,000 01-9000-6393 Contractual Services 50,000 153,731 203,731 01-9000-6710 Land Improvements - 250,000 250,000 39-0000-6393 Contractual Services 100,000 38,433 138,433 75-0000-6393 Contractual Services 60,000 38,433 98,433 TOTAL 3,010,000 730,597 3,740,597 JUSTIFICATION In the General Fund, the Sales Tax revenue is increased to offset the Land Improvements allocation for the purchase of the properties adjacent to the Homer E. Nagel Public Safety Complex. The contractual services allocation adjustments in the General, Street Improvement, and NEDC funds are necessary to payback over- collected sales tax revenue to the state via the fund balances of each fund. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of