[0:00] It is 6:00. I want to welcome everybody.
[0:04] This is our regular meeting of the City and City Council.
[0:07] It is Tuesday, September 1st, and it has been posted as prescribed by statute.
[0:12] As I call this meeting to order, I want to welcome you.
[0:15] We usually begin with a prayer and invocation and pledge of allegiance, and we
[0:19] invite you to stand and join us as Councilwoman McCurry leads us in prayer.
[0:25] Almighty God, we thank you today for the privilege of gathering here tonight in
[0:30] service to our city. Thank you for our mayor, our city council members, our city
[0:36] staff, and all the first responders who work hard to maintain this city and
[0:42] make it a place where we can call home.
[0:45] Grant this council tonight wisdom, discernment, and clear minds as we discuss the
[0:51] issues and agenda items before us tonight.
[0:54] Lord, we ask that each one of us have respect for diversity,
[1:00] ideas, that we have seeking solutions that will benefit this entire
[1:05] community. We thank you tonight that you would also protect our city and keep our
[1:10] public servants safe. We ask these blessings in the holy name of Jesus, we pray.
[1:15] Amen.
[1:16] Amen. Our pledges.
[1:19] I pledge allegiance to the flag of United States of America, and to the Republic
[1:24] for which it stands, one nation, under God, indivisible, with liberty and justice
[1:30] for all. I honor the Texas flag. I pledge allegiance to thee, Texas, one
[1:36] state under God, one and indivisible.
[1:39] Thank you. The city secretary will call the roll to certify quorum.
[1:45] Mayor Bielski, present. Councilman Decker, present.
[1:51] Councilman Noak, present. Councilman Miller, present.
[1:57] Councilwoman McCurry, present. Councilman Zabelec, present.
[2:01] Councilman Virgil, absent. Mayor certified the quorum.
[2:04] Thank you. Under our petitions and public comments, I've asked Jennifer to sign up
[2:09] on behalf of the library and just introduce herself.
[2:12] And if you'll stand, please, so the council knows you are our new library director.
[2:15] You can stand right there. And you've got your board members, if you want to
[2:18] introduce them.
[2:20] Absolutely. Jennifer Coxhere. I'm the new manager of the library, and I'm hoping to
[2:24] carry on what the board and Adam did in the past, and I think I have those because
[2:28] I've been trained very well. This is Terri Arnold, she's our chair, and we have a
[2:33] new board member, Tracy Zinn-Zinn.
[2:35] Zinn-Deck .
[2:37] So I take the library if I train. This is our new board member, Tracy.
[2:41] And by the way, Jennifer's been with us for four years, and this has been a very
[2:44] wonderful organic approach.
[2:46] Okay, thank you. I appreciate it. And your agenda item is on the consent agenda,
[2:52] so hang on.
[2:53] Yes. I have it. Thank you.
[2:55] Under discussion of possible action to either approve the agenda order or to
[2:59] reorder anything, Council?
[3:01] May I make a motion to approve the agenda as presented, but removing
[3:07] consent? Well, we'll do that in the consent item, approving it as presented.
[3:11] Second.
[3:12] We have a motion and a second to approve the agenda order.
[3:14] All those in favor, please say aye.
[3:16] Aye.
[3:17] Any opposed? Motion carries. Under our proclamations, remembrance of 9/11.
[3:23] A&M has been a faithful, patriotic servant business community here, and
[3:29] is giving T-shirts away to those who show up, Never Forget.
[3:33] And so we again are honoring our public servants with the proclamation.
[3:37] That whereas the United States of America was brutally attacked on our own soil on
[3:42] September 11th, 2001, through a senseless and cowardly act of terrorism, whereas
[3:48] innocent people were killed and injured, and our citizenry was threatened as a
[3:52] result of these horrific acts. And whereas the death and destruction did not weaken
[3:57] the spirit of the American people, but instead it united our citizenry and resulted
[4:02] in public and private expressions of heroism, compassion, and patriotism.
[4:08] And whereas we salute those who responded to the tragic events with their courage
[4:13] and selfless determination, resources, and skill, and in some instances, their
[4:17] lives. Now therefore, the City Council proclaims September 11th as a day to
[4:22] remember and reflect on the tragedies that occurred 24 years ago, and that the
[4:27] citizens of Sealy, in honor of the individual and collective victims of September
[4:32] 11th, observe a moment of silence at noon on September 11th.
[4:36] And we signed this this first day on behalf.
[4:38] And so if you guys will show this, again, if you'll just come forward and just take
[4:43] this. Thank y'all very, very much for what you do, and she can turn around.
[4:49] She's going to get... Get your partner up here.
[4:59] Take a look.
[5:01] Perfect.
[5:04] And three, two and one.
[5:08] Okay. Thank you all very, very much. Appreciate you.
[5:10] Thank you.
[5:10] Okay.
[5:13] Under our consent agenda, it is appropriate at this time that routine matters
[5:18] thought to require little or no deliberation may be placed on a consent agenda and
[5:22] treated as one item. At any time before we vote, a council member can pull items
[5:27] that need to be handled individually.
[5:29] And we do have a couple we would like to pull.
[5:35] Item K and M, if the council will approve pulling those, and then we'll go
[5:41] forward and read the rest. Do we have a motion to a pull K and M at this time?
[5:46] So moved.
[5:47] Second. We have a motion and a second. All those in favor, please say aye.
[5:50] Aye.
[5:51] Any opposed? Motion carries. So under the consent agenda, approval that Virgil and
[5:57] Josephine Gordon Memorial Library Agreement, accept the transfer of deed from the
[6:02] SCDC to the City of Sealy for the downtown parking lot located at 125 Second
[6:08] Street. Approve the interlocal agreement for law enforcement with Austin County,
[6:13] City of Bellville, City of Sealy, Town of San Philip, City of Wallace, and Sealy
[6:18] Independent School District. D, accept the third quarter investment report.
[6:23] E, approve the August 4th, 2026, regular meeting minutes.
[6:28] Approve August 18th regular meeting minutes.
[6:31] G is approve our professional service agreement with Steven Kutra.
[6:36] H, approve renewing the contract for gas department regulatory compliance service
[6:42] by InServe Solutions.
[6:45] I, approve the Strand task order for the downtown elevated storage tank and Ward
[6:50] Ben ground storage tank rehabilitation project.
[6:54] J, accept a $1,000 donation from International Paper for public safety.
[7:00] L, approve a change order, number one for the W.E.
[7:05] Hill Community Center project bathroom renovation with EP Services.
[7:12] Those are the consent items that we have at this time.
[7:14] Mayor, I'll make a motion to approve the consent agenda without items K and M.
[7:20] Second.
[7:21] Motion and a second. All those in favor, please say aye.
[7:23] Aye.
[7:24] Any opposed? Motion carries. Okay, K is just kind of a routine matter, a
[7:30] $2,000 donation from our own council member, Robert W.
[7:34] Necker, for the Sealy Police Department that has restricted use for a drone.
[7:38] So we wanted to pull that so he could abstain if he so chose.
[7:42] Yes, I'd like to abstain from the vote.
[7:44] Okay.
[7:45] So do we have a motion to approve the donation and accept it?
[7:50] I'll make a motion to approve.
[7:51] Second.
[7:52] We have a motion and a second to accept and approve the donation from Councilman
[7:56] Robert W. Necker. All those in favor, please say aye.
[7:59] Aye.
[8:00] Any opposed? Motion carries. And M, approve Strand Associates-
[8:04] One abstention. Correct on that?
[8:06] Yes.
[8:06] Yes.
[8:07] I think he said that. M, approve Strand Associates change order number one for the
[8:13] Seventh Street Water Line and Roadway Improvement Project, which includes water,
[8:17] sewer, and sod restoration. And I think our engineer and public works director are
[8:23] ready to address that. Give us the status.
[8:26] Yes. So this is change order number one to the Seventh Street Water Line and
[8:31] Roadway Improvements Project. I would like to highlight that this project includes
[8:36] work on some additional streets,
[8:40] including work on Hardiman, and then some
[8:47] work, I think we're going up to Atchison Street.
[8:50] But it includes water, a portion of sewer, and then also street
[8:55] reconstruction.
[8:57] And I know that that project has been sitting for about a month with little
[9:03] activity, but I would like to just let everybody know that construction,
[9:09] the asphalt paving, is scheduled to move forward next week.
[9:14] They do have a construction progress meeting scheduled for later this week, where
[9:18] they're going to be getting all their ducks in a row to make sure that everybody's
[9:22] ready for the paving operations. But we will be able to move forward with paving
[9:27] and get that project closed out here very soon.
[9:30] This change order, number one, is just to adjust some of the quantities from what
[9:36] was included in the bid. And then one of the larger items there was to
[9:42] install some sod restoration work.
[9:45] The change order total is $26,170,
[9:51] bringing the contract price up to
[9:55] $1,037,865.50. And then there
[10:01] were 11 days that were added as part of this change order.
[10:06] Questions or comments from the council?
[10:10] I'll make a motion to approve change order number one for Seventh Street Water Line
[10:14] and Roadway Improvement Project.
[10:16] Second.
[10:16] We have a motion and a second. I'll call for the vote. There's no discussion.
[10:20] All those in favor, please say aye.
[10:22] Aye.
[10:23] Aye.
[10:23] Any opposed? Motion carries. Thank you.
[10:26] Under our business items, discussion and possible action regarding the public works
[10:30] director's recommendation of the annual nomination for the purchase and sale of
[10:34] natural gas for Gas Gate one and two, and Gas Gate three.
[10:39] Good evening. This agreement, it's every year.
[10:44] For the past three years, we went up to 50 MMBtu's, City Gate one and City Gate
[10:50] two. This year we are going to leave it at 850.
[10:55] In the packet, there is a
[10:59] graph that we use. We only went over less than 30 days out of the four months.
[11:05] Exactly what we want to look at. Now, the City Gate three is going to be bumped up
[11:10] to 75 MMBtu's per day. It was 50 last year.
[11:15] I did get a call today that everything sounds good with the contracts, so hopefully
[11:20] we will have them tomorrow.
[11:26] Questions, council? Anybody ready to make a motion to approve the nomination for
[11:31] the purchase and sale of natural gas?
[11:32] And that would be to bring the contract back as well-
[11:35] Yes
[11:35] ... to that meeting, correct?
[11:36] Yes.
[11:36] Thank you.
[11:37] I make a motion to approve the public works director's recommendation for the
[11:41] annual nomination for the purchase and sale of natural gas, Gate one and two, and
[11:45] three, and to bring it back with contract language.
[11:49] Second.
[11:49] A motion and a second. All those in favor, please say aye.
[11:52] Aye.
[11:53] Aye.
[11:53] Any opposed? Motion carries. Number two, discussion and possible action regarding a
[11:59] resolution of request for reduction of TXDOT speed limit on FM 2187
[12:05] between FM 1094 and Highway 36. And the resolution is in your
[12:10] packet. With the growth out there, the new subdivisions,
[12:16] cars are driving too fast, and we've had several concerns on that.
[12:20] So we definitely need to ask them to consider reducing that speed limit out there.
[12:27] The resolution is in section number one, city council request TXDOT conduct a speed
[12:32] limit study to reduce the current normal speed limits on FM 2187
[12:38] from Farm to Market Road 1094 to State Highway 36.
[12:42] The city manager is hereby authorized to take all necessary steps to implement the
[12:46] provisions of this resolution, and it will immediately take effect upon its
[12:51] adoption for new speed limit reductions.
[12:54] The council finds all of the recitals to be true and correct, and incorporate the
[12:58] same into this resolution.
[13:01] Make a motion to approve a resolution for a request for reduction of TXDOT speed
[13:05] limit on FM 2187 between FM 1094 and Highway 36.
[13:11] Second.
[13:11] We have a motion and a second. Questions, comments? I'll call for the vote.
[13:16] All those in favor, please say aye.
[13:18] Aye.
[13:19] Aye.
[13:19] Any opposed? Motion carries. Number three, discussion and possible action regarding
[13:25] the Texas Department of Transportation State Highway 36 and Loop 350
[13:30] modification and construction project scheduled for letting in November 2026,
[13:36] including consideration of the removal and/or relocation of the city banner
[13:42] hanging poles located at South Loop 350.
[13:46] And as you know, we have used those poles, all our
[13:52] nonprofits to post their fundraisers, the county fair, anything of
[13:58] significance. And with the new modification on State Highway
[14:03] 36, Patrick is ready to bring us up to date on the meeting.
[14:07] So, during the meeting with the TXDOT engineers, they did approve to...
[14:11] On your packet, there's a current part where the poles are.
[14:15] There's a proposed that's 300 feet, maybe closer to Highway 90.
[14:20] The north side, that's the poles, those will still be there.
[14:24] Just trying to figure out if that's something we're going to have to, if y'all want
[14:26] to go through with council. But remember, we're still going to have to have a
[14:29] permit for that. So once this goes, then I'll have to give it to TXDOT to get a
[14:34] permit approved.
[14:35] The photo is Dollar General, or what is the photo?
[14:39] Say that again?
[14:40] Which store? There's two different places. Where are we?
[14:42] So the current one is basically by McDonald's, right before McDonald's.
[14:47] The new one would be in between Dollar General and then where Tony's, that
[14:53] first parking lot coming from 90 would be.
[14:56] It's 300 feet from the old going back to Highway 90.
[14:59] And that would accommodate there all of what they plan to do?
[15:02] Yes.
[15:02] Okay.
[15:05] They pay the city a small fee for our public works to hang those and devote the
[15:11] time to take care of it. And we have the bucket truck and the means to still do
[15:15] that.
[15:16] Mm-hmm.
[15:17] Follow the safety protocols.
[15:18] Yes.
[15:19] I just have one question. So I do remember them talking about, I don't remember
[15:23] where the barricade goes down the lanes.
[15:27] Is that past the-
[15:29] It's past the... It's close towards 90.
[15:31] So basically, if you're going towards Wallace-
[15:35] Yep
[15:35] ... okay, where the poles are, that piece is going to be further up, but the poles
[15:39] will be moving back towards Highway 90.
[15:41] Okay. So it won't be where it says the-
[15:43] No, it will not be.
[15:44] Okay.
[15:47] So the motion would just be for relocation of the poles, yes?
[15:49] It's better, or get rid of them entirely.
[15:51] Or get rid of them. But if you get rid of one side, you need to do both sides.
[15:55] Yeah.
[15:56] Because we have the north side and then we have the south side.
[15:58] So if you're going to remove, as staff, we recommend to remove both if you're going
[16:03] to remove. If you're going to relocate it, then we'll keep both.
[16:06] And when you say north side, you're talking about over by Allen-
[16:09] Yes
[16:09] ... Equipment?
[16:10] Yes.
[16:10] Okay.
[16:12] I think they're necessary to draw public events that we have in the city, so I
[16:17] think we need to keep them.
[16:20] Yeah, I'm saying unless there's been a problem with them, I don't see any reason we
[16:23] can go away.
[16:24] So do we get the new location approved before we move the current ones, or?
[16:28] So what I'll have to do is I'll have to get a permit first, but remember, TXDOT is
[16:32] the one that came up with this picture saying they were going to be okay.
[16:36] Okay.
[16:36] So seems like it's going to be just a permit fee that we'll have to take care of.
[16:41] Okay.
[16:41] And we'll have to buy new poles, of course, because those poles are no good.
[16:46] I'll make a motion to direct staff to
[16:50] move forward with relocating city banner hanging poles located at South Loop 350.
[16:56] I second.
[16:57] We have a motion and a second. Further discussion?
[17:00] I'll call for the vote. All those in favor, please say aye.
[17:03] Aye.
[17:04] Aye.
[17:04] Any opposed? Motion carries. Number four, discussion and possible action regarding
[17:09] amending the master fee schedule ordinance, and that would impact the solid waste
[17:13] rates effective October 1st that we discussed at a prior meeting when we were
[17:17] working on our budget. And as you can see in your packet, the change from the
[17:22] budget, and I want to see the news to get this, because the residential one cart
[17:27] showed we were going to do the 4%, and we're going to 2.0.
[17:31] So we're not going to go up the full recommended amount to...
[17:36] We felt like that those seniors and those people who don't fill up their one cart
[17:41] certainly didn't need to pay the 4%, and anybody with two carts, well then it'll
[17:46] all take care of itself. So council, anything else on there?
[17:53] Make a motion to approve amending the master fee schedule ordinance for solid waste
[17:59] rates effective October 1st, 2026. It's the first two readings.
[18:03] I second.
[18:04] We have a motion and a second. All those in favor, please say aye.
[18:08] Aye.
[18:08] Aye.
[18:08] Any opposed? Motion carries. Okay, thank you.
[18:15] I know we have a large crowd. We have several items in executive session, and these
[18:19] are our closed meeting, and it's Texas Government Code excuse me,
[18:24] 551087, deliberation regarding economic development negotiations.
[18:29] It does not require a governmental body to conduct an open meeting to discuss or
[18:34] deliberate regarding commercial or financial information that the governmental body
[18:39] has received from a business prospect, that the governmental body seeks to have
[18:43] stay, locate, or expand in or near the territory of the governmental body and with
[18:49] which the governmental body is conducting economic development negotiations.
[18:53] R2: To deliberate the offer of a financial or other incentive to a business
[18:58] prospect described by subdivision one.
[19:01] Then we will be discussing manufacturing incentives.
[19:04] And then under B, consultation with attorneys, Section 551071, seeking private
[19:10] consultation, seeking the advice of our attorney about pending contemplated
[19:15] litigation, settlement offer, or on a matter in which the duty of the attorney
[19:19] under the Texas Disciplinary Rules of Professional Conduct clearly conflicts with
[19:24] Chapter 551 of the Texas Government Code.
[19:27] Those two items will be manufacturing incentives and interlocal agreement, utility
[19:32] billing, and a lease with Austin County Emergency Service District.
[19:36] Under C, Texas Government Code 551072, deliberation regarding real
[19:42] property in closed meeting to deliberate purchase, exchange, lease or value of real
[19:47] property if deliberation in an open meeting would have a detrimental effect on the
[19:52] position of the governmental body in negotiations with a third person.
[19:57] Council, do we have a motion to adjourn until executive session?
[20:00] So moved.
[20:00] We have a motion.
[20:02] Second.
[20:02] And a second. All those in favor, please say aye.
[20:04] Aye.
[20:05] Any opposed? Motion carries. You're welcome to stay, or you may excuse yourself as
[20:10] your schedule allows for the evening. It may be a little long.
[20:16] Thank you for your patience. We will reconvene into our regular session at this
[20:21] time for any action items for discussion, starting with
[20:28] this item of the executive session before we go to six.
[20:32] Mayor, I'd like to make a motion for our city attorney to continue discussions
[20:38] regarding manufacturing incentives.
[20:41] Second.
[20:42] We have a motion and a second. I'll call for the vote.
[20:45] All those in favor, please say aye.
[20:47] Aye.
[20:48] Any opposed? Motion carries. The sixth agenda item is interlocal
[20:54] agreement, utility billing, and lease with Austin County Emergency Service District
[20:58] Number Two.
[21:03] Yes. For this item, I'd like to make a motion to hold a joint meeting with
[21:09] ESD Number Two regarding the sales tax interlocal agreement, and I'd like for that
[21:14] motion to also state that the meeting is to be held on September 16th here at the
[21:19] Hill Center at 7:00 PM.
[21:23] Second.
[21:23] We have a second. Any further comments or discussion?
[21:26] Yes. I would like to say that we would love for ESD Number Two to come
[21:32] to Sealy so that we could all sit down as a community, concerning the future of the
[21:38] city of Sealy. So yes, we would love to have them come and visit.
[21:42] Anybody else want to make a comment on that?
[21:45] Councilman Ecker, is there anything you want to add?
[21:48] Yeah, so definitely would love to talk to the ESD and let them come
[21:53] forward in public and let's all talk about what's going on.
[21:57] Okay. Anybody else?
[21:59] I think I agree with all that. I think it's important for the city's growth that we
[22:03] have a conversation to make sure that we're in a position to grow.
[22:07] Okay. All right. That's it. I'll call for the vote.
[22:10] All those in favor, please say aye.
[22:12] Aye.
[22:13] Any opposed? Motion carries. Thank you.
[22:16] Okay, reports, announcements, or requests from council members. Councilman Zappke.
[22:21] Yeah, I'd like to request agenda item to present the vehicle fleet cost and maybe
[22:27] possibly put something in the procurement policy based on that analysis from Kimbra
[22:31] regarding vehicle fuel efficiency, since we have a lot of vehicles and half the
[22:35] fleet is due.
[22:38] That's it.
[22:39] Okay. Joey, you. Do you have anything?
[22:42] Yeah, I want to talk about doing the banner poles right a little further back.
[22:48] I think it'd be a great opportunity to kind of bring back the conversation around
[22:51] visual gateway signs, so we have kind of two major thoroughfares.
[22:54] We could have one on each end of town to help display things going around in the
[23:00] city.
[23:01] Okay.
[23:02] I don't have anything.
[23:03] Councilman Ecker?
[23:04] I'm good.
[23:05] Okay. I do have a couple. I do want us to get back to the delayed items on status
[23:11] of PTO and the implementation of the software and get an update on that.
[23:15] That's been tabled several times. The personnel policy was tabled.
[23:18] I want that back on. And the vacant building ordinance that we've been begging for,
[23:23] for downtown, needs to be... Hopefully, we can get that pushed through and not wait
[23:29] on a consultant in six years to tell us what's going to happen. And I think that...
[23:35] Oh, and then the yield sign. Get that back on for Second Street over here.
[23:38] There's a yield sign here, and I have witnessed several times people come
[23:44] plowing through across the railroad tracks and too many near misses.
[23:50] So if we can get that with a stop sign, whatever it takes to get that addressed as
[23:54] quick as possible before there's a serious injury and accident.
[23:58] So, okay, do we have a motion to adjourn till our next scheduled meeting?
[24:03] So moved.
[24:04] Got two motions and a second.
[24:05] Second.
[24:06] Thank you. All those in favor, please say aye.
[24:08] Aye.
[24:09] Any opposed? Motion carries. Thank you very much.