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December 18, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 18, 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 Mayor Pro Tern Sonnier. 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 Root and seconded by Councilmember Guillot to approve the Consent Agenda Item "a thru d" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. a. Minutes - December 4, 2023 regular meeting b. November 2023 Departmental Reports c. Tax Assessor Collection Report - November 2023 d. Consider action authorizing the closure of various City streets for the Nederland Heritage Festival activities. 4. REGULAR AGENDA a. City Manager, Chris Duque, recognized Carolyn Sias, Code Enforcement Officer, on her retirement with over 10 years of service to the City. b. A motion was made by Councilmember Duplant and seconded by Councilmember Root to approve Resolution No. 2023-25, rescinding Resolution No. 2023-23 (incentive for PHO-09). MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. At their October 18th meeting, the NEDC Board approved a $30,000 incentive with a 2.4-year monitoring period. At the November 13th and December 4th City Council meetings, Resolution No. 2023-23, ratifying the action of the NEDC Board was approved. However, at their December 13th meeting, the NEDC Board of Directors rescinded the incentive. Councilmember Duplant explained that PHO-09 decided to postpone their planned construction and proceed with opening for business. Minutes continued, December 18, 2023 c. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to authorize the Request for Proposals for the Operation of the Nederland Swimming Pool - 2024 Pool Season. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. d. A motion was made by Councilmember Root and seconded by Councilmember Duplant to declare surplus the electronic sign at the corner of 15th Street and Boston Avenue. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. e. Discussion was held regarding the City of Nederland's Coronavirus Local Fiscal Recovery Fund allocation. Chris Duque stated that the City of Nederland's Coronavirus Local Fiscal Recovery Fund allocation is $4,304,289.72. Thus far, the City has allocated funds for the Non-Profit Partnership Grant Program; allocated funds to reimburse Adaptive Sports for Kids for the installation of artificial turf at the Babe Ruth Park baseball field; allocated funds for the purchase of an inclusive playground at Doornbos Park; allocated funds to assist NISD with mental health services for their students; allocated funds for a job training program with LIT (CDL-certification). In addition, the City has noted its intent to allocate $2.5M to water and sewer infrastructure projects (replacement of old waterlines and sewerlines and a new clarifier at the WTP). Approximately $1.02M has not been earmarked. Chris Duque recommended authorizing the dedication of funds ($50,000) for mental health services for NISD; the requested funding would be utilized for the 2024-2025 school year; and this would be the third funding cycle supporting these services. Samaritan Counseling Center of Southeast Texas provides the services. He also recommended authorizing the dedication of funds ($50,000) to complete improvements to the Babe Ruth Park baseball field - installing new fencing around the field. Adaptive Sports for Kids would fund the remaining costs. As with the assistance provided for the artificial turf, the City would reimburse ASK after the project is completed. He recommended authorizing the dedication of funds ($200,000) for the second round of non-profit partnership grant program funding with an emphasis on mental health services; a grants administrator will be necessary to complete this work and would increase the allocation for the water/sewer infrastructure project (current allocation is $2.5M; now increased to $3,217,413.75). These allocations would zero out the funding allocation. All expenditures would be completed by late 2025 or early 2026. Chris Duque stated that the Water Plant is in need of a new clarifier and that a significant portion of the water/sewer allocation will be applied to this purchase. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to authorize the dedication of funds regarding the City of Nederland's Coronavirus Local Fiscal Recovery Fund allocation. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve an Amendment to Ordinance 107, authorizing the installation of a four-way traffic stop at the intersection of Avenue L and South 14th Street. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Minutes continued, December 18, 2023 On June 12, 1961, the City Council approved an amendment to Ordinance 107 that added stop signs on South 14th Street at Avenue L. Recently, the Nederland Police Department received concerns regarding the intersection due to traffic accidents and speeding. Police Chief Porter reviewed the request and recommended making the intersection a 4-way stop. g. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve Ordinance No. 2023-26, reducing the speed limit on Highway 69 within the City limits from 75 miles per hour to 70 miles per hour. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None TxDOT has requested the cities of Port Arthur, Nederland and Beaumont take steps to reduce the speed limit along Hwy 69. Police Chief Porter assessed the area and agreed that action should be taken to reduce the speed limit. The cities of Port Arthur and Beaumont are taking similar action to reduce their speed limits. The City Manager and Police Chief have expressed additional concerns to TxDOT officials regarding the lack of appropriate lighting in this area and also the proximity of the off-ramps and on-ramps. TxDOT is working on a grant to get funding to install this lighting. If granted, the City would enter into an Interlocal Agreement whereas TxDOT would fund the installation and maintenance of the lighting and the City would pay the electrical bill. h. Discussion was held regarding the use of 1308 Boston Avenue. Chris Duque stated that on Dec. 20th, the City will acquire 1308 Boston Avenue (the old Bank of America building). Following several meetings with City staff, the proposed plan to utilize the first floor of the building is relocating the staff occupying the Bob Henson Building (planning & inspections, code enforcement, and information technology), constructing storage areas for the Police Department and permanent personnel records, and building a large training/meeting room. It will be necessary to complete remodeling of the downstairs to accommodate this use. In addition, it will be necessary to address the front and rear entrances of the building to "harden" them for the planned emergency use of the building. Finally, it will be necessary to address the exterior of the building to give it a much-needed aesthetic enhancement. Following the construction of the additional storage area for NPD, it will be necessary to remodel the existing storage areas at the Homer E. Nagel Public Safety Complex for office use. The funds from the 2023 land transaction with Energy Transfer will be utilized for the "BANK" project - upstairs and downstairs. The next step would be engaging the same engineering firm to submit a work authorization to address the first floor of the building and tie-in the second floor scope of work. Council was in agreement to proceed with plans for 1308 Boston Avenue. i. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Sonnier to approve an Agreement with Air Liquide America Corporation. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. The current industrial agreement expires on December 31, 2023. Staff met with Air Liquide and agreed to the proposed agreement; the only terms of the agreement that were amended were the dates and the abatement schedule; all other terms remain the same. The Agreement is a 7-year term (January 1, 2024 to Minutes continued, December 18, 2023 December 31, 2030. The abatement schedule for new construction is amended: 2024 - 43.75%, 2025 - 62.5%, and 2026-2030 - 100%); the old abatement percentages were reversed at the company's request to encourage new projects over the next several years. j. Discussion was held regarding the Food Truck Committee. Chris Duque stated that at the September 11th meeting, the City Council established a temporary 10- member Food Truck committee to discuss the City's Food Truck regulations and to possibly recommend revisions to said regulations. The Committee included the City Manager, the Building Official, Councilmember Sonnier, Councilmember Root, Keith Bass, Joe Oates, Al Judice, Remi Bryan, Lance Howell, and Nathan Huckaby. The Committee met on September 26th, November 9th, November 27th, and December 14th. At the December 14th meeting, the Committee made the following recommendations: • Maintaining the language for permits for special events - local business may secure this permit (one permit a month for a one-day special event) for food truck businesses that are not located in Nederland; • Adding an Annual Food Truck Permit ($500) - limited to 8 permits for only applicants who have a brick and mortar business located in the City or are a resident utilizing a homestead exemption in the City; • Food truck shall not conduct business within 200 feet of the primary entrance of an operating food service establishment unless the owner of the food service establishment provides written approval; • Food truck shall not conduct business within 50 feet of a residential structure; • Non-profit clubs and organizations may sell merchandise and/or food and drink for no more than 14 consecutive days and no more than 90 days total per year. The new draft ordinance was distributed to Council which reflects the changes the Food Truck Committee recommended: • Annual Food Truck Permit - Only Nederland business owners or individuals who own a home in Nederland with a homestead exemption would be able to obtain this permit. Limit of 8 permits a year, $500/a year. • Special Event/Temporary Food Truck Permit - The Committee agreed to create a special event or temporary food truck permit. The business hosting the event would apply for this permit, and the food truck vendor does not have to own a home in Nederland or own a business in Nederland. • Mobile Vendors - The Committee created another category for mobile vendors. The next step will be to hold the Joint Public Hearing with the Planning and Zoning Commission for their vote. k. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to set a Joint Public Hearing on Monday, January 8, 2024 for the purpose of receiving comments regarding the recommendation(s) from the Food Truck Committee. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:11 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel - Texas Government Code, Chapter 551.074, Discuss personnel - City Manager. 6. RECONVENE ° Minutes continued, December 18, 2023 The regular meeting was reconvened at 5:19 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION Rob Woods, Director of Public Works, gave a construction project update: • Hot Mix Project - There is one more item to complete, close out will possibly be on the Jan. 8th meeting. • Avenue H - Close to finishing, one area had an issue on one section. • Nederland Ave/Hilidale - The first walk-thru has been completed, they have been given a preliminary punch list which contractor is working on now. Chris Duque stated that on this project, we are working with GLO to get the grant approval to use the remaining funds to resurface Hilldale and Hill Terrrace. • Water Leaks - The City had 5 new leaks today, we have contractors scheduled to help with those leaks. City Manager's Report: a. Miscellaneous: • Vacancy on the Parks Advisory Committee - Chris Duque stated that there has been a vacancy on the Parks Advisory Committee Board for some time and he would like direction on how to proceed with filling this vacancy. • Langham Singers will be at the Nederland Police Department at 9:00 am on Dec. 19th. • The Christmas luncheon will be at the Nederland Fire Department at 11:30 am on Dec. 19th. • The City will be closed on December 25th and 26th for the Christmas holidays. • Garbage pickup will be delayed one day the weeks of Dec. 25th and Jan. 1St due to the holidays. • Chris Duque wished everyone a Merry Christmas and a Happy New Year. 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:27 p.m. _ : • . on Alban-e a Mayor City of Nederland, Texas ATTEST: nqi Joni nderwood, City Clerk F ; City of Nederland, TexasOF`,�`�,`J,••°, 1,11) #/5:::,1-"- 1•••'•-,,• �,5.\*\-;, rrrr 1, CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor ✓ Bret Duplant 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 Megan I-�a-t�s►� ,� Joni Underwood City Clerk Chris Leavins City Attorney Cher] Dowden Director of Finance Gary Porter Police Chief `1 Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official ✓ Molli Hall Librarian Holly Guidry Human Resources Director Toby Latiolais Parks Director �✓ ' j)64.0( aae.Lit.--LeY Don Albanese, Mayor 0) -u s 6( i JonrUnderwood, City Clerk ia-(f'a Date RESOLUTION NO. 2023-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, RESCINDING RESOLUTION NO. 2023-23 THAT RATIFIED THE ACTION OF NEDERLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS IN REGARD TO THE INCENTIVE APPROVED FOR PHO-09 WHEREAS,the City Council approved Resolution No. 2023-23 on November 13,2023 and December 4,2023; and WHEREAS, at their December 13, 2023 meeting, the Nederland Economic Development Corporation Board of Directors rescinded the incentive provided to Pho- 09;therefore,it is necessary to repeal Resolution No. 2023-23. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. Resolution No. 2023-23 is hereby rescinded in its entirety. Section III. Effective Date This resolution shall take effect and be in full force effective immediately. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 18TH day of DECEMBER, 2023. goaaf2--J Don Albanese,Mayor ATTEST: -0 :441- ,,m,,, ]on/Underwoo Clerk APPROVED S 0 FORM AND LEGALITY: `�a�tnw ngrrrgr AVsy pF NEp ->, . Chris Les,City Attorney •4) 16-4 2c ij 4: .,,,„0F. JEFFF��`: AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, ADDING STOP SIGNS AT AVENUE L AND SOUTH 14TH STREET, AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City;and WHEREAS, the City Council of the City of Nederland approved an amendment to Ordinance 107 on June 12,1961 that added stops signs on South 14th Street at Avenue L;and WHEREAS,the Nederland Police Department received a request to add stops on Avenue L at South 14th Street, making the Intersection a 4-way stop, due to accidents at the intersection and speeding along Avenue L. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54.1—STOP SIGNS The intersection at Avenue L and South 14th Street shall be designated as a"4-Way Stop Intersection." Stop signs shall be erected and maintained at all four corners in accordance with local and state law. All vehicles must come to a complete stop before entering the Intersection. ARTICLE XVI. SECTION 122—PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined as provided in Sec. 102-323, Nederland Code of Ordinances. ARTICLE XVII. SECTION 133—EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 18TH day of DECEMBER,2023. V%vr( Ron Albanese,Mayor City of Nederland,Texas ATTEST: ,,^ 7� Joni derwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Chris Lea ' s,City Attorney City of Nederland,Texas �QF,NFi„. =n:k Wil: Q :o= '-,OF]Eiic s ORDINANCE NO. 2023-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,AMENDING CHAPTER 102, SECTIONS 102-123 AND 102-124 OF THE CODE OF ORDINANCES — TRAFFIC AND VEHICLES BY PROVIDING FOR THE REGULATION OF TRAFFIC OF HIGHWAY 69 WITHIN THE CITY LIMITS, AUTHORIZING THE CITY MANAGER OR DESIGNEE OR THE TEXAS DEPARTMENT OF TRANSPORTATION TO ERECT THE APPROPRIATE SIGNAGE, PROVIDING PENALTIES AND FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Transportation Code also grants authority to a municipality to alter speed limits to protect the health, safety, and welfare of its citizens; and WHEREAS, the City has received input from the Texas Department of Transportation regarding concerns about safety due to the traffic and speeds; and WHEREAS,the Nederland Police Department assessed the area and agrees action should be taken to reduce the speed on Highway 69 and WHEREAS,the current speed limit of Highway 69 within the City limits is 75 miles per hour; and WHEREAS, the Texas Department of Transportation seeks to consistently reduce the speed limit along Highway 69 between the cities of Port Arthur and Beaumont; and WHEREAS,as a result of the information obtained and the concerns of TxDOT and the Nederland Police Department, the City Council has determined the speed limit of seventy-five (75) miles per hour upon Highway 69 within the City limits (approximately 6,000 feet)is unreasonable and unsafe; and WHEREAS,the City Council has determined that is in the best interest of the health, safety, and welfare of the City and its citizens to lower the speed limit to seventy(70)miles per hour upon Highway 69 within the City limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section II. Chapter 102 —Traffic and Vehicles of the Code of Ordinances of the City of Nederland,Texas is hereby amended by adding Section 102-123 and Section 102-124 as follows: Sec.102-123. 70 miles per hour speed limits for designated areas. When no special hazards exist that would require a lower speed,having regard to the actual and potential hazards then and there existing,no person shall operate or drive any motor or other vehicle upon any highway within the corporate limits of the city at a greater speed than seventy(70)miles per hour,unless otherwise provided in this division,shall be prima fade evidence that such speed is not reasonable nor prudent and is unlawful. This 70mph speed limit is applicable only to the below-listed street(s): a) Highway 69 within the City limits(approximately 6,000 feet). The City Manager or his or her designee or the Texas Department of Transportation shall post or cause to be posted the maximum speed limit in this section by appropriate signs in conspicuous places,so that every driver may be aware of the speed limits established hereby. Section 102.124. Penalty Any person,corporation,or entity who violates this Ordinance by exceeding the applicable speed limit to a listed location shall be deemed guilty of a misdemeanor and upon conviction,shall be punishable by a fine not to exceed$200.00. Section III. The City Manager or his or her designee or the Texas Department of Transportation is hereby directed to erect or cause to be erected appropriate signage giving notice of the speed limit established herein and such provision shall not be effective unless such signs or marking are in place at the time of an alleged offense. Section IV. Repealing Clause. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however,that such repeal shall only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section IV. Severability Clause. If any provision, section, exception, subsection, paragraph, sentence, clause, or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid,such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section V. Effective Date. This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 18th day of December,2023. ane on Albanese, Mayor ATTEST:4421, r "�11,�,, � / ��WCY/[Ul7Ji9q' 001111mnnuu,� Joni nderwood,City Clerk :;<�OF NFo; APPROVED AS TO FORM AND LEGALITY: �v .� Chris Le s, City Attorney J t E �F„EFF„�S