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December 5, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 5, 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: "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 was led by Randy Sonnier, Councilmember Ward III and the Pledge of Allegiance was lead by a Veteran of Foreign Wars member. 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 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 — November 14, 2022 regular meeting b. Consider action setting a Joint Public Hearing for the purpose of receiving comments regarding the request to re-zone property located at the northwest corner of Highway 69 frontage road and the private access road known as Parkway Road, described as Tract II, 1.3295 acres of land being part of Lots 2&3, Block 20, Range I of Port Arthur Land Company from property zoned I-1 (light industrial) to R-3 (multi-family medium density) for the construction of apartments. 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. Minutes Continued, December 5, 2022 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 appoint Darrell Bush to the Civil Service Commission. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to approve the Adaptive Sports for Kids' proposed private improvements to the Babe Ruth Park baseball field. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. d. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve the Change Order No. 1 - Water Main Repairs at the FM 365 and DD7 Crossing project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to approve the final payment and release of retainage for the "Water Main Repairs at the FM 365 and DD7 Crossing" project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to authorize the purchase of two Gorman Rupp T6A3 pumps via state- approved contract. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. g. A motion was made by Councilmember David Guillot and seconded by Councilmember Austin to authorize the purchase of rock material from Vulcan Materials. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. h. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to authorize the solicitation of bids for the Doornbos Park Pond project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. i. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to approve the Second Amendment to the Agreement between the City of Nederland, Texas and Sunoco Partners Marketing & Terminals L.P. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. j. City Manager, Chris Duque, answered questions regarding the proposed regulation changes to the Food Truck Pilot Program as requested by Keith Bass. Keith Bass Minutes Continued, December 5, 2022 had requested to remove the `special events' wording from the Ordinance to make it accessible year round. Kenny Mings stated that he had attended the Planning and Zoning meeting regarding this issue. Al Judice commented that he wanted to protect the City from outside vendors coming into the City as this would hurt the established restaurants in our community. Allowing the food trucks to operate year round would take away business from the brick and mortar stores. Councilman Sonnier commented that an increase in food truck permits would be difficult to regulate and that he was also concerned with the public restroom situation for food trucks. The City Manager suggested having a workshop on this issue at a later date. Mr. Judice stated that they would be willing to entertain some of the proposed changes at a later date. He also commented on payment of taxes by the food truck vendors needs to be documented. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier to deny amending Ordinance No. 2019-36 that amended Appendix A of the Code of Ordinances providing the regulations of a food truck pilot program as requested by Keith Bass. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:05 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072 - Consultation with City Attorney - Texas Government Code, Chapter 551.071, Personnel - Texas Government Code, Chapter 551.074: Discuss Personnel Appointment: City Clerk. 6. RECONVENE The regular meeting was reconvened at 5:26 p.m. by Mayor Albanese. He announced the Executive Session for consultation with the City Attorney was not needed. 7. APPOINTMENT a. A motion was made by Mayor Pro Tern Root and seconded by Councilmember David Guillot to amend the 2022-2023 Wage & Classification Plan. 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 authorize the appointment of Joni Underwood, City Clerk. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. 8. COMMUNICATION City Manager's Report: a. Miscellaneous: • Christmas Parade on December 6, 2022 at 6:30PM • Closing of FM 366 East Bound, FM 366 West Bound Closure @ SH 347 and SH 347 North Bound Bridge Closure @ FM 366 • City Manager thanked the staff for their participation in the Christmas on the Avenue event. Minutes Continued, December 5, 2022 9. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Mayor Pro Tern Root to adjourn the meeting at 5:32 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: `` orretnurr,/0 ,�,'� ° :► q •ate • • G•° : (1 . Don Don Al•anese, Mayor /ji °•.....:-°e`�� City of Nederland, Texas OF J�‘��``° \ ATTEST: rnrrunuin�w JoiV Underwood, City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Talmadge Austin Council Member—Ward I / Sylvia Root Council Member—Ward II ✓ Randy Sonnier Council Member—Ward III ✓ David Guillot Council Member—Ward IV ✓ Chris Duque City Manager Joni Underwood Acting City Clerk / Jesse Branick City Attorney ✓ Cheryl Dowden Director of Finance V Gary Porter Police Chief ✓, Terry Morton Fire Chief Robert Woods Director of Public Works V George Wheeler Building Official ✓ Molli Hall Librarian V Holly Guidry Human Resources Director Angela Fanette Parks Director ✓ on Albanese, Mayor ttAtuctawziE,e/ Jon nderwood,Acting City Clerk Date