June 10, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P.m. Jurie 10, 2019
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12z. 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 HANDGIJN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAWS, 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 Councilmember Austin and seconded by Councilmember Horner
to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - May 20, 2019 regular meeting
b. Consider action regarding a request from Nederland Independent School District
to utilize the Nederland Swimming Pool for the summer recreation program.
4. REGULAR AGENDA
a. Recognition of retiree: Paul Gallier, Firefighter. The meeting was recessed at 4:35
p.m. until 4:40 p.m. in order to congratulate Mr. Gallier_
b. The regular meeting was recessed and a public hearing was called to order at 4:41
p.m. by Mayor Albanese for the purpose of receiving comments regarding the
request for a Specific Use Permit for the property located at 1815 Nederland
Avenue for a expansion to the existing non-conforming automobile repair shop
located in a C-2 (Neighborhood Retail) zoning district.
Chris Duque, City Manager, stated the public hearing was being held to receive
comments regarding a request for a Specific Use Permit for property located at
Minutes Continued, June 10, 2019
1815 Nederland Avenue. The existing use is for an automobile repair shop and
they are proposing building two (2) additional vehicle lifts .
George Wheeler, Building Official, reported three (3) businesses responded to the
property owner letters and only one had an issue with the proposed project;
however, it has since been worked out. The Planning & Zoning Commission will
meet on June 18th and it will come back before City Council on June 24th. No action
was necessary.
There being no further questions and/or comments, the public hearing was
adjourned and the regular meeting was reconvened at 4:48 p.m. by Mayor
Albanese.
c. The regular meeting was recessed and a public hearing was called to order at 4:49
p.m. by Mayor Albanese for the purpose of receiving comments regarding the
rehabilitation or condemnation and demolition of an abandoned and/or dilapidated
structure at the following address: 523 N. 10th Street, Lot 18, Block 1 of Burson
Addition.
Chris Duque, City Manager, said the public hearing was being held to receive
comments regarding a substantial structure located at 523 N. 10th Street. Notice
of the public hearing was published and the property owner was sent notice. As
per Ordinance No. 2001-07 this property is eligible for demolition since the cost of
the repairs exceeds 50% of the appraised value.
Robin Sawyer spoke in favor of the demolition of the property located at 523 N.
10th Street. She says the owner, who is disabled, took a Small Business Loan after
Tropical Storm Harvey and never repaired the home. She lives next door and says
the property is hazardous.
George Wheeler, Building Official, recommended giving the property owner 45 days
to demolish the structure or within the same 45 days the property owner (or any
lienholder or mortgage company) must submit a copy of the written appeal to the
appropriate Court of Record.
There being no further questions and/or comments the public hearing was
adjourned and the regular meeting was reconvened at 4:58 p.m. by Mayor
Albanese.
d. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to order the owner of the vacant structure at, 523 N. 10th Street, to demolish
the structure within 45 days or within the same 45 days the property owners or
any lien or mortgage holder must submit a copy of the written appeal to the
appropriate Court of Record. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root
to approve the re-plat request of Jose Becerra, owner of the property located at
2904 Avenue H, described as Tract 1-A, Block 3, Hillcrest 2nd Addition. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, June 10, 2019
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve the re-plat request of Sharon Severson, owner of the property
described as Lot 0-A, Block 4, Hillcrest 1st Addition. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tern
Neal to approve the preliminary plat of the Nederland Pointe Subdivision described
as part of Lots 3 and 4, Block 18H, Port Arthur Land Company. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to amend Ordinance No. 2013-08 in response to House Bill 852. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
i. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to approve the by-laws of the Nederland Economic Development
Corporation Board of Directors. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
j. A motion was made by Councilmember Austin and seconded by Councilmember
Root to authorize the acceptance of a Hazard Mitigation Grant Program from the
Texas Division of Emergency Management. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
k. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tern
Neal approving an Advisory Services Managed Accounts Services Agreement with
ICMA-RC. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
I. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to approve a Master Agreement, Engagement Letter and Business Associate
Agreement with Gabriel, Roeder, Smith & Company (OPEB Valuation and GASB 75
Valuation Reports for fiscal years ending 2019 and 2020). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
m. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Neal
to appoint Wathen, DeShong & Junker, L.L.P. to perform the city's audit for the
fiscal year 2018-2019. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
n. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember
Hollier to approve an Interlocal Agreement between the City of Nederland and the
Minutes Continued, June 10, 2019
South East Texas Regional Planning Commission related to the Planning,
Development, Operation, and Provision of 9-1-1 service and the use of 9-1-1 funds.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:29 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.074, Discuss Personnel Appointments: City Clerk, Director of Finance, Police
Chief, City Attorney, and City Judge.
6. RECONVENE
The regular meeting was reconvened at 5:48 p.m. by Mayor Albanese.
7. APPOINTMENTS
A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Neal
to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden,
Director of Finance; Gary Porter, Police Chief; Jesse Branick, City Attorney and Larry
Dowden, City Judge. Mr. Branick will receive a pay increase to $4,550 a month
beginning July 1, 2019 and Judge Dowden will receive a pay increase to $1,966.50 a
month beginning July 1, 2019. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
8. COMMUNICATION
a. Miscellaneous:
• Chamber Coffee is in the morning at 8:00 a.m. at JK Chevrolet
• Construction schedules are being prepared for the asphalt street project, the
concrete street project, the Library roof project, and the wastewater
improvements main line rehabilitation project.
9. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Mayor Pro Tern Neal to adjourn the meeting at 5:54 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
"Don Albanese, Mayor
City of Nederland, Texas
9 'Cntinued1 _lune 10, 2019
''c ay'Fet u•r,n, City Clerk 0
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor V
Talmadge Austin Council Member-Ward I V
Billy Neal Council Member-Ward II \/
Emmett Hollier Council Member-Ward III v
Sylvia Root Council Member-Ward IV v
Chris Duque City Manager v
Gay Ferguson City Clerk V
Jesse Branick City Attorney /
Cheryl Dowden Director of Finance v
Gary Porter Police Chief v
Terry Morton 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 v
D
aluvi„
Don Albanese, Mayor
Cl`
ay erg on, Ceity CI k
June 10, 2019
Date
AMENDMENT TO ORDINANCE NO. 2013-08
AN AMENDMENT TO ORDINANCE NO. 2013-08 OF
THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT ADOPTED THE 2012 EDITION OF THE
INTERNATIONAL BUILDING CODE, REGULATING
AND GOVERNING THE CONDITIONS,
MAINTENANCE OF ALL PROPERTY, BUILDINGS
AND STRUCTURES; BY PROVIDING THE
STANDARDS FOR SUPPLIED UTILITIES AND
FACILITIES AND OTHER PHYSICAL THINGS AND
CONDITIONS ESSENTIAL TO ENSURE THAT
STRUCTURES ARE SAFE, SANITARY AND FIT FOR
OCCUPATION AND USE; AND THE CONDEMNATION
OF BUILDINGS AND STRUCTURES UNFIT FOR
HUMAN OCCUPANCY AND USE, AND THE
DEMOLITION OF SUCH EXISTING STRUCTURES IN
THE CITY OF NEDERLAND; PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTIONS OF
FEES THEREFORE; REPEALING ARTICLES 1 IN
GENERAL AND ARTICLE 2 BUILDINGS, IN CHAPTER
18° • OF THE' CITY OF NEDERLAND CODE OF
ORDINANCES.
WHEREAS,the Nederland City Council on May 20, 2013 approved Ordinance No. 2013-
08,which adopted the 2012 edition of the International Building Code;and
WHEREAS, House Bill 852 stipulates that when determining the amount of a building
permit or inspection fee in connection with the construction or improvement of a residential
dwelling, a city may not consider the value of the dwelling nor the cost of constructing or
improving the dwelling and that a city not require the disclosure of information related to the
value of or cost of constructing or improving a residential dwelling as a condition of obtaining a
building permit except as required by FEMA.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Ordinance No.2013-08 is hereby revised with the following revisions:
A. Section 105.1 Permits required.is amended as follows:
Section 105.1 Permits required. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, install, enlarge, alter,
repair, remove, convert or replace and electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code, or to
cause and such work to be done, shall first make application to the
Inspection Department and obtain the required permit.
RESIDENTIAL BUILDING PERMIT FEES:
• New residential single-family, two-family (duplex), and town
home construction: issuance fee$30.00 plus$0.54/square foot in the
living area;
• Additions: issuance fee $30.00 plus $0.54/square foot in the living
area;
• Manufactured homes: flat fee of$100.00;
• Garage attached or detached, shops, cabanas, sun rooms and
storage buildings (over 400 square feet): issuance fee $30.00 plus
$0.26/square foot;
• Remodels/Renovation: issuance fee of$30.00 plus$0.08/square foot
of each room or rooms involving the work of completely demolishing the
interior veneer and exposing the framing to install any one of the
numbered items below:
1) Installing new interior veneer,
2) Replacing or adding windows,
3) Replacing or adding a fireplace,
4) For build-outs involving work of adding walls, stairways for
creating new rooms to be used as living areas under the existing
roof and within the existing conditioned space or non-conditioned
space (ex. garage or attic area) with or without exposing the
framing, and
5) Completely removing and replacing kitchen cabinets or
countertop space.
• For adding or replacing windows, fireplace without the remodel
demolition: issuance fee $30.00 plus $2.00 per window;
• Permits for replacing an asphalt or metal residential roof:
issuance fee of$30.00 plus $2.00 per roofing square;
• Foundation repair (concrete or pier and beam foundations): flat
fee of$20.00
• Attached or detached carports, patio covers, porches: issuance
fee of$30.00 plus $0.08/square foot;
• Portable storage buildings(120 square feet to 400 square feet),
gazebos, decks, driveways, above ground swimming pools,
fences: flat fee of$30.00;
• Building moving, Building demolition: flat fee of$50.00;
• Inground swimming pools and spas: issuance fee of $30.00 plus
$0.02/gallon of the swimming pool and/or spa
• Inspection and permit issuance fee $30.00
*The Building Official reserves the right to determine whether an inspection
should be required for work not fully described above and in doing so,the
permit fee shall include the permit issuance and inspection fee of$30.00
plus $10.00 for each additional inspection as required.
Electrical permit: per electrical application
Plumbing permit: per plumbing application
HVAC permit: per application
B. Section 109.2 Schedule of permit fees.is amended as follows:
Section 109.2 Schedule of non-residential building permit fees. On
buildings, structures, additions, remodels, alterations and any other item
required to obtain a building permit, a fee for each permit shall be paid in
accordance with the following schedule:
Permit issuance fee $20.00
Inspection $10.00
Total Valuation Fee
Up to$999.99 $10.00 dollars for any amount up to$999.99
$1,000.00 to$49,999.99 $15.75 for the first $1,000.00 plus $5.25 for
each additional thousand or fraction thereof,to
and including$49,999.99
•
$50,000.00 to$99,999.99 $273.00 for the first$50,000.00 plus$4.20
for each additional thousand or fraction thereof,
to and including$99,999.99
$100,000.00 to$499,999.99 $483.00 for the first$100,000.00 plus$3.15
for each additional thousand or fraction
thereof,to and including$499,999.99
$500,000.00 and up $1,743.00 for the first$500,000.00 plus
$2.10 for each additional thousand or fraction
thereof.
Permit issuance and Inspection fee: Unless a permit is required through other
sections of Chapter 18, a separate fee designated as a permit issuance fee shall be
added to every permit issued. If a permit only requires an inspection or Certificate of
Occupancy inspection, the inspection fee is added to the permit issuance fee.
Plan check fees: When the valuation of the proposed construction exceeds one
hundred thousand dollars ($100,000.00) and a plan is required to be submitted, a
plan check fee shall be paid to the City in addition to the building permit fee. Said
plan checking fee shall be equal to one-half(1/2) of the building permit fee.
C. Section 109.3 Building permit valuation.is amended as follows:
Section 109.3 Building permit valuation. The permit valuation shall be
calculated by the Square Foot Construction Cost for each group shown in
the following chart:
GROUP TYPE I li Ill IV V
A-1 Assembly,theaters,with stage 191.00 179.00 163.00 173.00 148.00
A-1 Assembly,theaters,without stage 173.00 160.00 145.00 154.00 129.00
A-2 Assembly,nightclubs 147.00 137.00 126.00 132.00 113.00
A-2 Assembly,restaurants,bars,banquet halls 146.00 136.00 125.00 131.00 112.00
A-3 Assembly,churches 176.00 163.00 148.00 158.00 132.00
A-3 Assembly,general,community halls,
libraries,museums 147.00 135.00 120.00 129.00 104.00
A-4 Assembly,arenas 172.00 159.00 144.00 153.00 128.00
B Business 147.00 136.00 119.00 131.00 104.00
E Educational 162.00 150.00 134.00 145.00 119.00
F-1 Factory and industrial,moderate hazard 88.00 80.00 69.00 77.00 56.00
F-2 Factory and industrial,low hazard 87.00 79.00 68.00 76.00 55.00
H-1 High Hazard,explosives 82.00 75.00 63.00 71.00 N.P.
H234 High Hazard 82.00 75.00 63.00 71.00 50.00
H-5 HPM 147.00 136.00 119.00 131.00 104.00
I-1 Institutional,supervised environment 148.00 138.00 125.00 139.00 112.00
1-2 Institutional,hospitals 252.00 241.00 N.P. 235.00 N.P.
1-2 Institutional,nursing homes 174.00 163.00 N.P. 158.00 N.P.
1-3 Institutional,restrained 170.00 159.00 142.00 153.00 126.00
1-4 Institutional,day care facilities 148.00 138.00 125.00 139.00 112.00
M Mercantile 108.00 98.00 87.00 94.00 75.00
R-1 Residential,hotels 150.00 140.00 127.00 141.00 114.00
R-2 Residential,multiple family 125.00 115.00 102.00 116.00 89.00
149.00 11300 106.00 111:00 96:00
448:00 138700 126:00 139.00 1122.00
S-1 Storage,moderate hazard 81.00 74.00 62.00 70.00 49.00
S-2 Storage,low hazard 80.00 73.00 61.00 69.00 48.00
6300 66.00 46.00 6240 37.00
. .: :. . -: - - - - to - .
SECTION 3. The meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act,Texas
Government Code,Chapter 551.
SECTION 4. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a
regular meeting this the 10TH day of JUNE,2019.
p0unu 1111111,
• on Albanese, Mayor
=r)•rV .� City of Nederland, Texas
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,!S A �i�►,,�_.lig
ay Fe'uson, Ci erk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse :ranic ity Attorney
City if Ned nd, Texas