November 14, 2022 AMENDED
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. November 14, 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 and Pledge of Allegiance was led by Randy S'onnier, 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 Austin and seconded by Mayor Pro Tern Root
to approve the Consent Agenda Items a-e as presented. MOTION CARRIED.
Ayes: MayorAtbarreSe, CourrcitrrrarrrbarsAcrstin; Root, Sdrrriiar, arra Cuitttt:
Noes: None.
a. Minutes - October 24, 2022 regular meeting
b. October 2022 Departmental Reports
c. Tax Assessor Collection Report - October 2022
d. Consider action authorizing the closure of South 20th Street between Avenue A and
Avenue B from November 26th through January 1st for First Baptist Church's Christmas
activities.
e. Consider action approving a request from Nederland Little 'Dribblers to 'utilize the
Nederland Recreation Center gymnasium for practices and the waiver of associated
fees.
4. REGULAR AGENDA
a. A Joint Public Hearing was held with the Planning and Zoning Commission regarding
amending Appendix A - Zoning of the Nederland Code of Ordinances, amending
the zoning and regulations of massage esf:abtishments.
Councilmember Austin asked about the locations of the massage establishments.
Chris Duque, City Manager, stated that the existing establishments would be
grandfathered -in but once they made any 'changes, they would have to be
conforming. If they violate any of the requirements, their license would be
Amended Minutes Continued, November 14, 2022
revoked. Chief Gary Porter stated that there has been some complaints about illicit
activities and the Police Department was looking into this. This is a national trend
where these establishments are a haven for labor and human trafficking.
b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Root to amend Ordinance No. 2022-12, setting the calendar for regular City Council
meetings - cancelling the November 21, 2022 meeting. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
c. A motion was made by Mayor Pro Tem Root and seconded by Councilmember
Gail lot to amend the project scope of work-and rebid the project at a later date for
the Tex Ritter Park Lighting project. 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
Austin to approve Ordinance No. 2022-29, amending the fiscal year 2022-2023
budget.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
e. A motion was made by Mayor Pro Tem Root and seconded by Councilmember
Guillot to engage PGAL for engineering services related to 1308 Boston Avenue
(old Bank of America building) for emergency management use. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
f. Discussion was held on the Pacheco Koch's traffic study findings regarding the
Helena Avenue and 27th Street intersection. Robert Woods, Public Works Director,
stated that after the equipment and material upgrades, all equipment would be
up to date.
g. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tem
Root to approve a work authorization with Schaumburg &Polk, Inc. for emergency
engineering services 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.
h-. A motion was made by Cot-t neiimember-Austirr- and seconded by CoErncikmember
Sonnier to approve final payment and release of retainage for the "Storm Sewer
Improvements (17th Street & Avenue N) - Allen Meadows Subdivision" project.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
i. A motion was made by Councilmember Guillot and seconded by Councilmember
Sonnier to approve change Order No. "3 - Wastewater Treatment Plant
Improvements Phase 1 project. MOTION CARRIED.
Amended Minutes Continued, November 14, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
j. A motion was made by Councilmember Austin and seconded by Councilm'ern'ber
Sonnier to approve final payment and release of retainage for the Wastewater
Treatment Plant Improvements Phase 1 project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
k. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to approve Change Order No. 1 - 2021-2022 Flexible Pavement
Rehabiiitalion project (Hardy Avenue).
Chris Duque, City Manager, announced that it would be necessary to discuss this
matter in Executive Session prior to action being taken.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:00 p.m. by Mayor Albanese for the purpose of
torid"uctirig tri Executive Session as authorized by Texas Gdverrrrrrent Code,
Consultation with City Attorney - Texas Government Code, Chapter 551.071,
Chapter 551.072 - Deliberations about Real Property and Chapter 551.087,
Deliberations Regarding Economic Development Negotiations.
6. RECONVENE
The regular meeting was reconvened at 5:33 p.m. by Mayor Albanese. He announced
the -Exeiutivve •Sat iori wet' bald `for iriformatiOna1 purpase8 oriiy trill ria actibri is
necessary.
A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to approve the Change Order No. 1 - 2021-2022 Flexible Pavement
Rehabilitation project (Hardy Avenue). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
7: COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• City offices will be closed Thursday and Friday in observance of the
Thanksgiving holiday.
• The garbage route will be delayed one day due to the holidays.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:37 p.m. MOTION CARRIED.
Aye's: MayorAtbanese, Courrcitmembers Austin, Root, Sorrrrier, and Guittot:
Noes: None.
Amended Minutes Continued, November 14, 2022
aig.et_a_da,"
Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
9fitic Witetat,o-d-cq
Joni nderwood, Acting City Clerk
City of Nederland, Texas
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