December 11, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p-m. December 11, 2017
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PUBS IJANT 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 3, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY_"
2_ INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
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 Mayor Pro Tem Albanese and seconded by Councilmember Neal
to approve the Consent Agenda Items (a) as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
a. Minutes — November 20, 2017 regular meeting
4. REGULAR AGENDA
a_ Chris Duque, City Manager, said the Notice of 2018 Raw Water rates from the
Lower Neches Valley Authority shows an increase of $0.04 per 1,000 gallons for
contracted volumes. This represents a 15.38% rate increase, which is the first
increase in 2 years. The terms of the Raw Water Supply Contract clearly state the
LNVA Board may adjust the rates with sufficient notice. Sufficient funds are
budgeted in the 2017-2018 budget raw water line-item so the cost should be
manageable. No action was necessary.
0.
Minutes Continued, December 11, 2017
b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve an agreement with IPS Advisors, Inc. for consulting services
for employee group insurance benefits. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve a work authorization with UA Engineering, Inc. for storm
water pollution prevention plan implementation services. Chris Duque, City
Manager and Mayor Nugent both noted that this was an unfunded mandate from
the federal and state governments. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
d. The regular meeting was recessed and a Public Hearing was called to order at 4:39
p.m. by Mayor Nugent for the purpose of receiving comments regarding the
rehabilitation or condemnation and demolition of the abandoned and/or dilapidated
structure at the following address: 3022 Canal Avenue, Space 6, Lot 2, Block 181,
Tract 4, PALCO.
Chris Duque, City Manager, reported the Construction Board of Appeals
recommended demolition of property located at 3022 Canal. The dilapidated
residential structure was originally found to be a danger to the public's health and
safety, and it was considered to be substandard and unfit for human habilitation.
Notice of the public hearing was published, and the property owner was sent
notification via certified mail. The property owner, Vanya Marie Rhodes, and her
legal representation plan to attend with documentation regarding the structure. In
accordance with Ordinance No. 2001-07, the basic criteria utilized by Mr. Wheeler,
Building Official, when determining whether a building should be demolished
involves the value of the necessary repairs versus the appraised value of the
structure; if the cost of the repairs exceeds 50% of the appraised value, the
building is considered eligible for demolition. He advised City Council retains the
ultimate authority to determine what action, if any, will be taken with respect to
the removal or repair of a structure. No action is necessary at this time.
George Wheeler, Building Official, said he received the Bill of Sale which showed
Ms. Vanya Rhodes as the owner of the mobile home. He said Ms. Rhodes is blind
and wants to repair the mobile home in order to live by her family who lives in the
mobile home park. There has been some work done on the interior but a decision
needs to be made on whether she can proceed with construction work or if the
structure needs to be demolished. Pictures were passed out which accurately
conveyed how the interior currently looks. Mr. Wheeler said he was able to go into
the mobile home and inspect work that has been completed so far.
Mayor Nugent asked to hear from interested individuals who were in attendance
who wished to speak for or against this request.
Jim Wimberly spoke on behalf of Ms. Rhodes who he met through a local
organization to help the blind. He said work has been done on the interior and is
clearly habitable. The family is in the process of requesting grant funds to complete
the interior and exterior of the structure. He said they hoped to have all work
completed by the end of January. Mr. Wimberly said he will be requesting a
reasonable accommodation on behalf of Ms. Rhodes.
Minutes Continued, December 11, 201.7
Stephanie Gallagher, 720 S. 3 1/2 Street, spoke against the request of Ms. Rhodes
to proceed with construction work and remain living in the mobile home. She said
zoning was denied based on this being a non-conforming use. She said they
continued the construction work even after they were issued a stop work notice.
She wanted to know what responsibility the mobile home park owner had in making
sure the mobile homes were moved out after occupants move and making sure
they are in good condition. She requested a fence be put up and wanted to know
why city codes and regulations were continuing to be disregarded.
Rachel Holland spoke against the request. She said she travels Canal everyday
going to work and sees the mobile home park getting worse. She stated rules
should be enforced to everyone.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 5:00 p.m. by Mayor Nugent.
e. Chris Duque, City Manager, stated City Council has three options to consider per
Ordinance No. 2001-07: 1) allow the building to remain as is; 2) order demolition
and establish a time period for completion of removal; or 3) order
rehabilitation/repair and establish a time period for completion of the work.
Originally this item was discussed at the October 16th meeting and City Council
postponed action after Jim Wimberley advised the City that the property had been
sold and the new property owner was not provided notice of the hearing. Staff
was provided confirmation Ms. Rhodes owns the property. Mr. Duque said staff
researched any Fair Housing guidelines for a property owned or occupied by a
disabled individual. Under the Fair Housing Act, there is a provision to allow for a
reasonable accommodation. Originally the Construction Board of Appeals
recommended the property owner be ordered to demolish the structure within 45
days. After further review and in the event Ms. Rhodes were to request a
reasonable accommodation, Mr. Wheeler recommends the exterior repairs be
completed, the bedroom windows be operational and an electrical contractor be
permitted to install hardwired smoke detectors in each bedroom and hallway and
to confirm the electrical system is working properly. Since many of the repairs
were allegedly already completed, it is not feasible to require the repairs to be
undone for inspection. Since the work was done without a permit being issued or
inspections being made, Mr. Wheeler will not be able to provide a Certificate of
Occupancy. Mr. Duque said after conferring with Mr. Wheeler, the City Attorney,
and HUD, he will concur with Mr. Wheeler's recommendation if Ms. Rhodes requests
a reasonable accommodation but will add a requirement that the mobile home be
removed from the trailer park if Ms. Rhodes ever sells the mobile home since this
is a non-conforming use. He recommended this be discussed with the City Attorney
in Executive Session prior to making a decision.
f. Chris Duque, City Manager, reminded Council's action taken regarding property
located at 2423 Nederland Avenue following a public hearing to address
condemnation and demotion at the September 11th Council Meeting. At that
meeting City Council unanimously voted to provide 60 days for Mr. Khan to
complete the repairs to the building or demolish the building. The 60-day deadline
was on November 25th. Shortly before the deadline, Mr. Kahn approached Mr.
Wheeler, Building Official, requesting a building permit to commence the repairs
and advised Mr. Wheeler he had a contractor to perform the work. At that time,
Minutes Continued, December 11, 2017
Mr. Wheeler did not issue the permit. Mr. Kahn was instructed to wait until the
next City Council meeting to address the issue. Mr. Kahn was instructed to attend
the Council meeting and be prepared to discuss his plans for repairs and financing
of the work.
Jim Wimberly spoke on behalf of Waleed Kahn and reported Mr. Kahn has a
contractor ready to begin the work and has the funds to complete the exterior of
the building. The interior will be leased and once they are leased, Mr. Kahn will
built and finish the interior. Mr. Wimberly also said he knows how to transfer the
deed into Mr. Kahn's mother's name and when that is one, the funding for the
interior can be obtained.
Mr. Duque recommend going into Executive Session and discuss with the City
Attorney prior to taking action.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:17 p.m. by Mayor Nugent for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071, Consultation with City Attorney.
6. RECONVENE
The regular meeting was reconvened at 5:38 p.m. by Mayor Nugent.
e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to grant Ms. Rhodes reasonable accommodations with conditions to remain
in a mobile home located at 3022 Canal as long as she consistently occupies the
property. The conditions include skirting the mobile home, complete exterior
repairs, have windows be operational, install smoke detectors, have an electrician
inspect electrical system, and record the Bill of Sale with Jefferson County.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: Councilmember Belaire.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve issuing a building permit for exterior repairs on property
located at 2423 Nederland Avenue. The exterior of the building must be brought
into compliance with city codes and regulations no later than March 31, 2018 and
progress reports must be made to the Building Official every other Friday beginning
in January. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
7. COMMUNICATION
City Manager's Report:
a. The 2nd December City Council meeting will be Monday, December 18th
b. Miscellaneous:
• Chamber of Commerce Coffee tomorrow at 8:00 a.m. at Rao's
Minutes Continued, December 11, 2017
• Blood Drive will be tomorrow at City Hall
• Langham Singers will be at City Hall Thursday, December 21st
• Christmas ornaments are for sale at the Parks Department for $5
• Chris recognized the Parks Department and staff for their work on Christmas
on the Avenue.
8. AD3OURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:47 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor v
Talmadge Austin Council Member—Ward I V
Billy Neal Council Member—Ward II
Don Albanese Council Member—Ward III v
Craig Belaire Council Member—Ward IV
Chris Duque City Manager V
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance V
Darrell Bush Police Chief v
Gary Collins Fire Chief v
Robert Woods Director of Public Works V
George Wheeler Building Official V
Victoria Klehn Librarian v
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanette Parks Director \/
1694id
R.A Nugent, f/or
:0' / d ,
G. Ferguso Ci erk 0
December 11, 2017
Date