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March 11, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 11, 2024 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 William Spell, Information Technology Director. 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 b"as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Mayor Pro Tem Sonnier. a. Minutes - February 26, 2024 regular meeting b. Consider action approving Resolution No. 2024-03, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1111 Boston Avenue. 4. REGULAR AGENDA Item 4.b was moved to 4.a. a. Allen Nation, Executive Director of Adaptive Sports for Kids (ASK), gave an update on the Babe Ruth Park and thanked the City for their continued support. Opening Day will be on March 23rd and he invited everyone to attend. Athletes presented t-shirts and memorative coins to councilmembers and took pictures. No action was necessary. b. City Manager, Chris Duque, recognized Greg Sterling, Firefighter, for his 32+ years of service to the City of Nederland. Terry Morton, Fire Chief, thanked Mr. Sterling for being a great leader and his dedication to the Texas Task Force. The regular meeting was recessed for Greg Sterling's retirement cake and reconvened at 4:55 by Mayor Albanese. Minutes continued, March 11 2024 c. A motion was made by Councilmember Duplant and seconded by Councilmember Gutllot to approve the Minutes of the February 12, 2024 regular meeting. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Mayor Pro Tern Sonnier. d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to approve Ordinance No. 2024-05, abandoning an alleyway (0.0648 acre tract or-parcel of land-out-of and part'of a 20-feet wide alley in Block 23 of Town of Nederland Volume 1, Page 38, Map Records Nederland, Jefferson County, Texas) and retaining an easement. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Mayor Pro Tern Sonnier. Chris Duque, City Manager, stated the Nederland Economic Development Corporation's development on Atlanta Avenue includes several commercial structures. As part of this development, the NEDC has agreed to take a section of the existing 20' wide alleyway and provide a utility easement for the City. The Chief Building Official recommended approval of this item. Mr. Duque concurred with Mr. Wheeler's recommendation, pending final legal review and approval of the ordinance. e. A motion was made by Councilmember Guillot and seconded by Councilmember Root to authorize the Nederland Police Department-to submit a Small, Rural, and Tribal Body Worn Camera Program Grant. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Mayor Pro Tern Sonnier. Chris Duque, City Manager, stated that the grant is funded and administered by the U.S. Department of Justice's Bureau of Justice Assistance. The grant application is for $20,000 to purchase 33 body-worn cameras. The grant requires a 50% local match or $10,000. If awarded the grant, a budget amendment will be prepared to allocate the additional funds. During last summer's budget workshop, the NPD detailed the additional costs for their body-worn cameras, and they have sought new grant funding to help offset these expenses. f. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve the proposed 2024 Chip Seal road program. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Mayor Pro Tern Sonnier. Chris Duque, City Manager, stated that due to inflation impacting the price of materials, this year, the proposed list is less than the usual three miles (2.75 miles). The projected cost for this roadwork is over $290,000. Following approval, the list of streets will be forwarded to Jefferson County Pct. 2. At this time, we have not received an interlocal agreement for street work, but Commissioner Erickson requested the list. Below is the list of streets that would be addressed: Minutes continued, March 11 2024 BOMAG AND CHIP SEAL WIDTH LENGTH Avenue N - South 12th St. to South 15th St. 20 1,200 Gary Ave - 21st St. to 24th St. 20 1,350 Avenue C - South 21St St. to South 27th St. 20 1,950 Avenue D - South 21St St. to South 27th St. 20 1,950 Avenue E - South 21St St. to the dead end 20 475 Avenue F - South 18th St. to South 27th St. 20 2,600 Avenue G - South 21st St. to South 23rd St. 20 650 Avenue M - South 12th St. to South 13th St. 20 350 19th Street - Detroit to Elgin 20 300 18th Street - Detroit to Helena 20 1,250 Atlanta Avenue - 6th St. to the dead end 20 535 South 35th Street - Nederland Ave to Hardy 20 1,925 Total Lf 14,535 g. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to authorize the solicitation of bids for the 2024 HMAC Street Program. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING REMOTELY VIA ZOOM: Mayor Pro Tern Sonnier. Chris Duque, City Manager, stated that at the November 13th City Council meeting, the City engaged Soutex Surveyors & Engineering for engineering services related to the hot mix overlay project. The planned road projects are: • Canal Ave from 27th Street to the HWY 69 frontage road (approx. 3,050If) • Seattle from 18th St to the dead end (approx. 9751f) • 19th St from Queen to Seattle (approx. 525If) • 20th St from Queen to Seattle (approx. 5251f) • 20th St from Queen to Canal (approx. 2751f) • Queen from dead end to dead end (approx. 6001f) The project shall be paid via the Street Improvement Fund and the 2023 Certificates of Obligation. Staff anticipates the bid award being on the April 22nd meeting agenda. Mr. Duque stated this project has to start as soon as school breaks for summer so that it will be completed before the beginning of the next school year. Rob Woods, Director of Public Works, stated they met with the consultant today and the contract will state that work is to begin immediately when school releases. Mr. Duque stated that once construction begins on these roads, the heavy trucks will not be able to use them for the NISD school work. Barricades will be utilized. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • Chris Duque, City Manager, thanked the Nederland Police Department, Fire Department and all other city employees for their help in making the Heritage Festival a safe and successful event every year for our community. Minutes continued, March 11 2024 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:05 p.m. Don Alba ese, -yor City of Nederland, Texas ATTEST: Joni . derwood, City Clerk City of Nederland, Texas Po =o;� � • o- %,, it"1JEIFF • \`''� 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 /via_ z©eih David Guillot Council Member-Ward IV Chris Duque City Manager Joni Underwood City Clerk Seth cL9 i-Inward -Chrs ' cavi~ City Attorney ,/ Heather Stucker Director of Finance / Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official �✓ Molli Hall Librarian a/ Holly Guidry Human Resources Director Toby Latiolais Parks Director au agged2-4-e, Don Albanese, Mayor 11 kie2Luoal Joni Un.1•rwood, City Clerk 3-11-24 Date RESOLUTION NO. 2024-03 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 acquisition of 1111 Boston Avenue in an aggregate maximum amount of not more than Two Hundred Thousand dollars($200,000.00),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 26th day of February 2024 at which meeting a quorum was present and voting. Pon agere...a.ka, Don Albanese,Mayor City of Nederland,Texas ATTEST: p ,, i / Joni nderwood,City Clerk o``"�"���I\.1 ��"'''"., of NEDF� City of Nederland,Texas ;,�`,� '' I.c V4 *- OF ' �� c �II':2 APPRO -i ' RM AND LEGALITY: =Ch ' eavins,City Attorney ,7EF� City of Nederland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 11I!1 day of March 2024 at which meeting a quorum was present and voting. ,geb,( Don Albanese,Mayor City of Nederland,Texas ATTEST Joni Un erwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Chris Leavins,City Attorney City of Nederland,Texas ppb,NOF r� R, “ul \ :C7 •,, F JEFF, ORDINANCE NO. 2024-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ABANDONING AN ALLEYWAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, RETAINING CERTAIN EASEMENT(S) THEREOF, AND PROVIDING AN EFFECTIVE DATE WHEREAS,the Nederland Economic Development Corporation (NEDC) owns separate portions of the property adjacent to the alleyway hereinafter described as 0.0648 acre tract or parcel of land out of and part of a 20 feet wide alley in Block 23 of Town of Nederland Volume 1, Page 38, Map Records Nederland,Jefferson County,Texas; and WHEREAS, the NEDC has petitioned the City Council of the City of Nederland to abandon said portion of the alleyway and to facilitate economic development, convey and exchange said alleyway to the NEDC as shown in Exhibit"A"; and WHEREAS, the City of Nederland sent by certified mail a notice of the petition to all adjoining property owners in said block, and in said notice, each property owner was given notice that each could join in with the petition to purchase their ten-foot (10') half of the complete twenty feet(20') of said alleyway; and WHEREAS, the City of Nederland agrees to abandon, and convey said alleyway to the NEDC as shown in Exhibit"A"as attached hereto, and WHEREAS, the City of Nederland shall retain a twenty-foot (20') utility easement as shown in Exhibit"B"as attached hereto, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section 1. That the following described portion of said alleyways in the City of Nederland, Jefferson County, Texas, be and it is hereby abandoned as a twenty(20)ft. alleyway and retained as a twenty(20)ft. utility easement in which shall become sole ownership of the NEDC of said property described herein in Exhibit "B" from the purchase thereof as shown in Exhibit"B" Section 2. The City of Nederland shall convey said alleyway to the NEDC, and Section 3. That the City of Nederland shall retain a twenty-foot (20') utility easement as shown in Exhibit"B". Section 4. This ordinance shall be effective from and after its passage. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the 11T"day of MARCH,2024. 6-7-t affizt-ex Don Albanese, Mayor City of Nederland,Texas ATTEST: �11 gru;g}1,91Dw-o-0 Joni Underwood, City Clerk City of Nederland,Texas APPROVE AS TO FORM AND LEGALITY: Chris avin ty Attorney �o•,`yu`�F N�D,, City of Nederland, Texas . •••• F°; EXHIBIT "A" Legal Description: 0.0648 Acre Tract or Parcel of Land Out of and Part of a 20 Feet Wide Alley in Block 23 Town of Nederland Volume 1,Page 38,Map Records Nederland,Jefferson County,Texas BEING a 0.0648 acre tract or parcel of land being out of and part of a 20 feet wide alley in Block 23 of the Town of Nederland, a subdivision of the City of Nederland, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 38, Map Records, Jefferson County, Texas,said 0.0648 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Southwesterly line of Lot 8A of the Replat of Lots 20A, 21A, 22A & 23A, Block 18 and Lots 7A & 8A, Block 23 Town of Nederland as recorded in Clerk's File No. 2023017166, Official Public Records of Real Property,Jefferson County, Texas as SOUTH 54°12'37"EAST. BEGINNING at a 1/2"iron rod found for the most Northerly corner of the tract herein described, said corner also being the most Westerly corner of Lot 8A of the Replat of Lots 20A,21A,22A& 23A, Block 18 and Lots 7A & 8A, Block 23 Town of Nederland, a subdivision of the City of Nederland, Jefferson County, Texas as recorded in Clerk's File No. 2023017166, Official Public Records of Real Property,Jefferson County,Texas and being the intersection of the Southeasterly right-of-way line of Atlanta Avenue and the Northeasterly line of a 20 feet wide alley in the said Block 23 of the Town of Nederland; THENCE SOUTH 54°12'37" EAST, along and with the Southwesterly line of the said Lot 8A, for a distance of 50.13 feet to a 1"iron pipe found for corner,said corner being the most Southerly corner of the said Lot 8A and the most Westerly corner of Lot 9, Block 23 of the said Town of Nederland; THENCE SOUTH 53°21'05"EAST,along and with the Southwesterly line of Lots 9, 10, 11 and 12,Block 23 of the said Town of Nederland,for a distance of 90.85 feet to a 1/2"iron rod with a cap stamped "SOUTEX" found for corner, said corner being the most Northerly corner of that certain called 0.1168 acre tract,identified as TRACT II,as described in a"General Warranty Deed" from Nederland Economic Development Corporation to Checkerboard Restaurants III, Inc. as recorded in Clerk's File No. 2022006246, Official Public Records of Real Property, Jefferson County,Texas,the same being the most Northerly corner of that tract of land as described in City of Nederland Ordinance No.2022-03 approved and adopted on January 24,2022; THENCE SOUTH 36°37'33" WEST,over and across the said 20 feet wide alley in Block 23 and along and with the Northwesterly line of the said 0.1168 acre Checkerboard Restaurants III, Inc. tract,for a distance of 20.00 feet to a 5/8" iron rod with a cap stamped"WHITELEY" found for corner, said corner being the most Easterly corner of Lot 6, Block 23 of the said Town of Nederland; EXHIBIT"A" Page 1 of 2 WHITELEY INFRASTRUCTURE GROUP THENCE NORTH 53°28'44" WEST, along and with the Northeasterly line of the said Lot 6, Block 23 of the Town of Nederland, for a distance of 140.77 feet to a 1/2" iron rod found for corner, said corner being the most Northerly corner of the said Lot 6 and being the intersection of the Southeasterly right-of-way line of Atlanta Avenue and the Southwesterly line of the said 20 feet wide alley in Block 23 of the Town of Nederland; THENCE NORTH 35°59'58" EAST, along and with the Southeasterly right-of-way line of Atlanta Avenue, for a distance of 19.56 feet to the POINT OF BEGINNING and containing 0.0648 Acres,more or less. Surveyed on February 19,2024.This legal description is being submitted along with a plat based on this survey(see EXHIBIT"B"). -z. . PSE 4 ,TF fip / 4j. * � e��a THOMAS S.ROWE ► Thomas S. owe,RPLS No. 5728 �� 5728 s '/ Texas Surveying Firm No.: 10106700 ,�.yy. s s!°o$e DSUR�F�� - � W:engineering\2024\24-0205\240205m&b.docx f EXHIBIT"A" Page 2 of 2 WHiTELEYINEVSTRUCTURE GROUP N1H l!qitlx3 5920-iiz •°N 3113 IS / c 1 2 El L.. gl� 151 cL.� o N oaOGIV9 �alo �"., � e�1 m CV N°=NNp r4L �Om aE 1.6 o n„n 'E.> oo QU=Na O�a .G O N d n 1- Z C .191 oi° -II N al _m O D ' / COOM U 6 Z baaLL ID LL L4 N T M„££,L£.9£N MVO) a v o '�w Is.o o a I>. x N gOOTZ ..11 AA..££.L£o9£S K,4._ U_ a o In gej _ g Zi W N O IaI' ONA Q N O W ` g !ra piner 9 >O & / V r0 M= IXd= illZ c ��3 > Q stcs — c •- w ao — — — — —.—. `o in U CV 0a(,�� n 3 E3 to O 0 0 ›-P ' A ' O v W o w� rn 0> o www ��I- �:W a on �e� , V M O a 44 LL: moi;" vi N m:Z -, ¢� ffln W� W ulix0 Oem " a n may , =N/Xac� ® ft) 0� MCI-o � J o 44i 1:Z/ ': _.—M ..m c.,.-, W0.' 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