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September 12, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NED.ERLAND. 4:30 p.m.. September 12, 2022 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: "PIJRS IJANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED. HAND.GIJN), A PERSON LICENSED. IJND.ER SUBCHAPTER CHAPTER GOVERNMENT COD.E (HAND.GIIIN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HAND.GUN THAT IS CARRIED. OPENLY_" 2_ INVOCATION AND. PLED.GE OF ALLEGIANCE The invocation was given by Jorg Kitchen, Post Commander and Pledge of Allegiance was led by Jim Rose, of the Veterans of Foreign Wars Post #4820. 3. CONSENT AGEND.A - 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 Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Items a-b as presented. MOTION CARRIED.. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. a. Minutes - August 22, 2022 regular meeting b. Street Closure Requests: • Consider action authorizing the closure of various streets for the Nederland Economic development Corporation's Fall Concert Series on September 15`^, 29th, and October 13th and 20cr,_ • Consider action authorizing the closure of Boston Avenue between Y4ch Street and 17th Street and all intersections on Tuesday, October 4`h for the National Night Out event and the Nederland Fire Caepartment Open House. • Consider action authorizing the closure of Boston Avenue between 12th Street and 17th Street and all intersections on Saturday, December 3r. for the Christmas on the Avenue event. Minutes Continued, September 12, 2022 4. REGULAR AGENDA a. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to approve a proclamation recognizing a Girls Relay Team known as the Dream Team. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. b. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve Resolution No. 2202-09, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered to Tran Plaza. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier to approve Ordinance No. 2202-20, declining to approve the change in rates requested by Entergy Texas, Inc.'s Statement of Intent filed on July 1, 2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmember Austin, Root, Sonnier, and Guillot. Noes: None. d. City of Nederland Non-Profit Grant Program: i. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve an Agreement for Funding with the Nederland Chamber of Commerce. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. ii. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Root to approve an Agreement for Funding with Hillcrest Baptist Church. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Guillot to approve an Agreement for Funding with Community Care Prayer Outreach Center. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. iv. A motion was made by Councilmember Guillot and seconded by Councilmember Sonnier to approve an Agreement for Funding with Tender Loving Care Center for Children dba Legacy Community Development Corporation. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. v. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to approve an Agreement for Funding with Samaritan Counseling Center of Southeast Texas. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. Minutes Continued, September 12, 2022 e. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to declare surplus various equipment from the Fire Department and authorize the donation of said surplus equipment to the Bridge City Volunteer Fire Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. f. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier to declare surplus various vehicles and equipment from the Public Works Department. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. g. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to approve an engineering services agreement with Pacheco-Koch regarding the Seattle Avenue and N. 27th Street Drainage Improvements project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. h. Chris Duque, City Manager, stated the current Food Truck Pilot Program has been in effect since 2019. The current ordinance allows for temporary permit during special events and limits special events to no more than 12 times during a calendar year, no more than once a month, and for a 3-day period. The following are other requirements: • permit fee is $50; • permits shall not be issued during the week of the NHF; • permits will only be issued to applicants with a brick and mortar business in Nederland or a residential home with a homestead exemption in Nederland; • documentation must be submitted confirming the businesses permission to be on the property; • Jefferson County Health Department permit is required; • Food trucks/trailers only allowed in commercial and industrial zoning districts, not allowed in the public ROW and state highway ROW, shall not park overnight, cannot be within 50 feet of a residential structure, and cannot be within 100 feet of the primary entrance of an operating restaurant without written permission from the restaurant; • Properties where the food truck/trailer is stationed shall maintain the required number of parking spaces; • Food trucks/trailers shall operate from a licensed commissary; • Food trucks/trailers shall be located within 100 feet of a public restroom; • The pilot program will commence on January 1, 2020. (During impacts of COVID-19 pandemic, the pilot program was extended.) Keith Bass requested City Council make changes to the Food Truck Pilot Program to allow food trucks to operate without being part of a special event. i. Fiscal Year 2021 — 2022 Budget: i. The regular meeting was recessed and a Public Hearing was called to order at 5:05 p.m. by Mayor Albanese to receive comments regarding the proposed City of Nederland Fiscal Year 2022-2023 Budget. Minutes Continued, September 12, 2022 Chris Duque, City Manager, said the public hearing was being held for the purpose of receiving comments regarding the proposed Fiscal Year 2022-2023 Annual Budget. Interested persons were given the opportunity to comment on the budget. No comments were received at the previous public hearing. The ordinance adopting the FY 2022-2023 Annual Budget shall be held on September 19, 2022 at 4:30 p.m. No action was necessary. There were no comments either for or against. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:06 p.m. by Mayor Albanese. ii. The regular meeting was recessed and a Public Hearing was called to order at 5:07 p.m. by Mayor Albanese to discuss the Fiscal Year 2022-2023 tax rate. Interested persons will be given the opportunity to comment on the proposed tax rate. At the August 8th meeting, the City Council unanimously voted to utilize the tax rate of$0.481056 per$100 assessed valuation for the fiscal year beginning October 1, 2022 and ending September 30, 2023. This is one cent greater than the no-new revenue tax rate. At the previous public hearing City Council announced the date, time, and place of the meeting at which the City Council will vote on the tax rate (Monday, September 19, 2022 at 4:30 p.m. at the Nederland City Hall Council Chamber). One comment was received at the last public hearing regarding clarification on the homestead exemption remaining in place. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:08 p.m. by Mayor Albanese. 5. EXECUTIVE SESSION Mayor Albanese announced the Executive Session would not be held due to City Attorney being out of town. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: Robert Woods, gave a construction update: • Hodgson Road Lift Station - staff is meeting with consultants to finalize installation of new pumps. • Lift Station Generators - Contractor has received and placed all generators and is waiting on gas companies for installation of service mains. • Wastewater Treatment Plant - contractor working on punch list items. For phase 1 and phase 2. • Hwy 365 Water Main - Contractor has begun work and will be placing casing underneath the main body of the channel this week. Minutes Continued, September 12, 2022 • Flexible Pavement Rehabilitation -Hardy Avenue, work being done on a concrete section has been poured but there are other panels with deficiencies. Consultant and staff are working with general and subcontractors on making necessary repairs -33rd Street, Complete with dressing up left to be done -Hardy Avenue, has been milled and contractor will be moving to Boston Avenue. • Concrete Street Rehabilitation -30th Street, completed. -Avenue H, completed of defective panels. Seal joints should be completed this week. • Avenue N and 17th Street - Contractor is substantially complete and will begin final punch list items this week. • Twin City (TxDOT) Improvements - Work is underway and should be completed by the middle of October. • Chamber of Commerce Coffee will be in the morning at the Homer E. Nagel Public Safety Complex. • Blood Drive will be Thursday, September 15th at City Hall. • Special City Council meeting will be held Monday, September 19th to approve the budget and tax rate. • Mr. Duque thanked La Suprema and the Chamber of Commerce for hosting a luncheon for first responder employees. • Staff is meeting with NHS on the Art Banner Project. It will be similar to the artwork on utility boxes around town but will be printed on banners along Boston Avenue. • Mr. Duque advised the City Council that Councilmember Sonnier is interested in amending the "no parking on grass" ordinance to apply to commercial properties. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Mayor Pro Tem Root to adjourn the meeting at 5:17 p.m. MOTION CARRIED. ,„„„,,„„Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. C1 ED s: None. -, `r ° ..� , ,-,0,..,,,,,,,,,,,,.:,,.: ,,,,.... „.„ ,„4,20, f •f. :c ,,- on Ibanese, Mayor OF 1 vs ,;,f , City of Nederland, Texas ATTEST: ay Fergus , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V Talmadge Austin Council Member-Ward I Sylvia Root Council Member-Ward II 1 y ��©� Randy Sonnier Council Member-Ward III i David Guillot Council Member-Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance V Gary Porter Police Chief Terry Morton Fire Chief V Robert Woods Director of Public Works l George Wheeler Building Official V Molli Hall Librarian V Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette ( ►n Parks Director v" n Albanese, ayor ay Fergus , ity lerk September 12, 2022 Date ORDINANCE NO. 2022-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS (`CITY") DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED BY ENTERGY TEXAS, INC.'S ("ETI" OR"COMPANY") STATEMENT OF INTENT FILED WITH THE CITY ON OR ABOUT JULY 1, 2022, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW, AND DECLARING AN EFFECTIVE DATE WHEREAS,ETI notified the City of its intent to file a statement of intent to offer a new optional rate to back-up electric service for commercial and industrial customers; and WHEREAS, ETI filed with the City its Statement of Intent for Rate Schedule UODG ("Statement of Intent");and WHEREAS,the City has duly noticed its consideration of the Company's Statement of Intent and is acting within its authority under applicable law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City DECLINES to approve any and all changes in rates requested by ETI and included in ETI's Statement of Intent and that ETI's proposed new rate should not be made effective. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 12TH day of SEPTEMBER,2022. Uri `? * 1,.,' o? Q�14 , �aQ f ` y 'era agen,� ' ✓ '� Mayor Don Albanese hPCM 1/i���'f�L Ga Fer Cit CIeh'k Y g Y