January 9, 2023 L•
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. January 9, 2023
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 and Pledge of Allegiance was led by Randy Sonnier, Councilmember
Ward III.
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 Guillot and seconded by Mayor Pro Tern Root to
approve the Consent Agenda Item "a" as presented. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
NOES: None.
Absent: Councilmember Austin.
a. December 19, 2022 regular meeting and December 14, 2022 joint special meeting
4. REGULAR AGENDA
a. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot
to approve a Proclamation recognizing Eagle Scout Boden McComber. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
b. City Manager, Chris Duque recognized City of Nederland employees who responded to
the December 2022 winter storm emergency. No action was necessary.
c. Chris Duque, City Manager, recognized Cheryl Dowden, Finance Director, and her staff
for receiving the Certificate of Achievement for Excellence in Financial reporting, which
is the highest form of recognition in governmental accounting and financial reporting.
The Nederland Finance Department has received this award for 25 years.
d. A Joint Public Hearing was held 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,
Minutes continued, January 9, 2023
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.
Hani Tohme, with Golden Triangle Consulting Engineers, 85 I10 Frontage Road, Suite 204A,
Beaumont,Texas 7707, spoke on behalf of Iyad Shalabi, the owner of the property. He stated
that these luxury apartments will have 11 units and will be 3 BR, 2 1/2 bath, 1 car garage and
patio. The units are architecturally very pleasing and have a much better appearance to those
coming into Nederland than a light-industrial facility. A change of zoning would be needed in
order to build these apartments and potentially some updates to the waste water pump system.
They will also have to satisfy the requirements of DD7 as well. The square footage is equivalent
to a single family home and the complex will have some green space on the property for
families. The units will have more of a town home feel but will be luxury apartments. George
Wheeler, Building Official, stated that there will need to be base flood elevation and there are
some challenges there. There will need to be underground, ditch or pond retention to avoid
drainage issues to the surrounding properties.
Dallas Hicks, 1609 N. 27th St., asked if they were apartments or townhomes. Mr.
Tohme answered that they would be luxury apartments.
e. A motion was made by Councilmember Sonner and seconded by Mayor Pro Tem Root to
approve the City of Nederland's Coronavirus Local Fiscal Recovery Fund allocation of$50,000 to
ASK. The allocation will be utilized for ASK's artificial turf project at the Babe Ruth Park
baseball field.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
NOES: None.
Absent: Councilmember Austin.
f. A motion was made by Councilmember Guillot and seconded by Councilmember Sonnier to
authorize the solicitation of bids for the 2023 Concrete Street Rehabilitation project. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
NOES: None.
Absent: Councilmember Austin.
g. Kay DeCuir distributed an "Off-Boston Proposed NEDC Development" flyer. This will be a new
shopping district off of Boston Avenue. Currently the EDC has a contract for the purchase of
lots G and H. The cottages will be between 950-1500 sq feet each, have 2 bathrooms, ADA and
windstorm, on concrete foundation, and will have a kitchenette. The porches will not be high
but will be large. The EDC will not be owners/landlords of these properties.
A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to
approve Resolution No. 2022-11, ratifying the action of the Nederland Economic Development
Corporation's Board of Directors in regard to the purchase of 219 Twin City Highway and 1118
Atlanta Avenue. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
NOES: None.
Absent: Councilmember Austin.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• City offices will be closed Monday, January 16 in observance of the Martin Luther
King, Jr Holiday.
• The garbage route will be delayed one day due to the holiday.
• TXDot will close the West Bound lane until the Jan. 20th. The next project
Minutes continued, January 9, 2023
will start the 23rd and remove the bridge to repair it. North bound traffic
will have a detour.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:03 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot.
Noes: None.
Absent: Councilmember Austin.
Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
U �����d
Jo Underwood, City Clerk
City of Nederland, Texas
f
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor I'
Talmadge Austin Council Member—Ward I f
Sylvia Root Council Member—Ward II
Randy Sonnier Council Member—Ward III
David Guillot Council Member—Ward IV ✓
Chris Duque City Manager
/ a
Joni Underwood City Clerk ^'
Jesse Branick City Attorney ✓
Cheryl Dowden Director of Finance
Gary Porter Police Chief ✓
Terry Morton Fire Chief I
Robert Woods Director of Public Works
George Wheeler Building Official
Molli Hall Librarian
Holly Guidry Human Resources Director
Angela Fanette Parks Director
on Albanese, ayor
e LIAtLiteAcablq
Jo'i Underwood, City Clerk
1- a-a3
Date
•
RESOLUTION NO. 2022-11
A RESOLUTION OF THE NEDERLAND CITY
COUNCIL 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 the purchase of 219 Twin City Highway and 1118 Atlanta
Avenue(legal description:Lots 20-21 Block 18 and Lots 22-24 Block 18)in an aggregate maximum
amount of not more than Four Hundred Thirty-Seven Thousand dollars ($437,000.00), 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 the 19TH day of December,2022 at which meeting a quorum was present
and voting
7:a k.,)/1"-y #."(1,2-a-a-1/12--
ski: , �` Don Albanese,Mayor
c>4/`.;'n c `c City of Nederland,Texas
ATTEST: `
cvu UNdiMinitd
Joni nderwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Az -
Jes - Br. ,City Attorney
Ci o ederland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS this the VA day of .januafy , 2023 at which meeting a
quorum was present and voting.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
-01,v, bliitelaAtA15,
Joni nderwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
J sse rack,City Attorney
of Nederland,Texas