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08-14-2023NEDERLAND CITY COUNCIL AGENDA NOTICE is hereby given of a regular meeting of the Nederland City Council to be held on Monday, August 14, 2023, 4:30 p.m., at the Nederland City Hall, 207 North 12th Street, Nederland, Texas, for the purpose of considering the following agenda items. The City Council reserves the right to retire into Executive Session concerning any of the agenda items whenever it is considered necessary and legally justified pursuant to Texas Government Code, Chapter 551. Members of the public can participate remotely via Zoom Teleconferencing. Citizens may join the Zoom Meeting by clicking on the Virtual Council Meeting https link on the City of Nederland’s website or calling the Zoom Call in Number and entering the Meeting ID# on the City of Nederland’s website. 1. CALL THE MEETING TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 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. Minutes – July 24, 2023 regular meeting b. Consider action authorizing the closure of Boston Avenue between 13th Street and 17th Street and all intersections on Tuesday, October 3rd for the National Night Out event and the Nederland Fire Department Open House. c. Consider action authorizing the closure of Boston Avenue between 12th Street and 17th Street and all intersections on Saturday, December 2nd for the “Christmas on the Avenue” event. d. Consider action authorizing the closure of Boston Avenue between 15th Street and 17th Street for the Nederland Economic Development Corporation’s Fall Concert Series. e. Consider action authorizing the closure of Boston Avenue between Twin City Highway and 13th Street and all intersections on Saturday, October 21st for the Nederland Economic Development’s Fall Market. 4. REGULAR AGENDA a. Conduct a Joint Public Hearing for the purpose of receiving comments regarding the request for a Specific Use Permit for the property located at 2015 Avenue B (lots 4, 5, 6, Block 3 of Ingwersen Subdivision) for a parking lot for the Apostolic Tabernacle of Texas, Inc. (church) in a property zone R-1 (single-family residential). b. Consider action authorizing the submittal of a grant application to the Wilton and Effie Mae Hebert Foundation. c. Discussion and possible action authorizing a Food Truck Regulation Committee. AGENDA August 14, 2023 Page 2 d. Consider action approving a request from the Nederland Independent School District to utilize the Nederland Recreation Center as the secondary evacuation location for Hillcrest Elementary School. e. Consider action approving Ordinance No. 2023-17, rescinding Ordinance No. 2023-05, Juvenile Curfew Ordinance. f. Consider action authorizing the purchase of a trash truck via state-approved contract. g. Consider action approving the Nederland Avenue Sidewalk project. h. Consider action approving the conditional release of retainage and final payment and acceptance of the Nederland Lift Station Generator project. i. Discussion regarding John Hatton’s request to amend Ordinance No. 2022-28 that amended Appendix “A” – Zoning of the Nederland Code of Ordinances, the zoning regulations of “massage therapist – licensed.” j. Discussion and possible action regarding Energy Transfer’s request to widen Helena Avenue between the railroad tracks and 10th Street. k. Fiscal Year 2023-2024 Budget: i. Consider action approving Resolution No. 2023-15, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2023 and ending September 30, 2024 and calling for a Public Hearing to be held on August 28, 2023 at 4:30PM at Nederland City Hall (207 North 12th Street) for the purpose of discussing the proposed budget as per Article VI of the City Charter. ii. Discuss and take action on the proposed tax rate for the fiscal year beginning October 1, 2023 and ending September 30, 2024. iii. Consider action regarding adoption of the proposed tax rate and establishing a date and time for approval. iv. Consider action regarding the proposed tax rate, establishing a date and time for a public hearing(s). 5. EXECUTIVE SESSION (No Public Discussion on These Items) The City Council will announce that it will go into Executive Session, pursuant to Chapter 551 of the Texas Government Code, to discuss matters as specifically listed on the agenda, or as authorized by law. Consultation with City Attorney – Texas Government Code, Chapter 551.071 Ordinance No. 2022-28 Personnel – Texas Government Code, Chapter 551.074 City Manager – Christopher Duque City Attorney – Jesse Branick 6. RECONVENE Reconvene into regular session and discuss and take action, if any, on items discussed in Executive Session. AGENDA August 14, 2023 Page 3 7. COMMUNICATION City Manager’s Report: a. Miscellaneous 8. ADJOURN Don Albanese, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas “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” "CONFORME A LA SECCIÓN 30.07, DEL CÓDIGO PENAL (ENTRADA SIN AUTORIZACIÓN POR TITULAR DE LICENCIA CON UNA PISTOLA VISIBLE), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411 DEL CÓDIGO DE GOBIERNO (LEY DE LICENCIAS DE PISTOLAS), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA VISIBLE”