December 9, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEO ERLANU
4:30 P_rm_ Uece rrmber 9, 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. 12t. Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PIJ RSUANT TO SECTION 90.07, PENAL CODE (TRESPASS RV LICENSE HOLDER
WITH AN OPENLY CARRIED, HAN GUN3, A PERSON LICE NSE CS UNCAE R
S IJIBC HAPTER H, CHAPTER 4.1 IL, GOVERNMENT CODE (HAN CPGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HAN UGUN THAT IS CA RRIE�
OPENLY_"
2. INVOCATION ANO PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Emmett Horner, Councilmember
Ward III.
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 Mayor Pro Tem Neal to
approve the Consent Agenda Item 'tea" as presented. MOTION CARRI 012-
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Horner, and Root.
Noes: None.
a. Minutes - November 1B, 2019 regular meeting.
4. REGULAR AGENDA
a. The regular meeting was recessed and a public hearing was called to order at 4:32
p.m. by Mayor Albanese for the purpose of receiving comments regarding plans to
establish a Mobile Food Truck Pilot Program and to establish regulations that will
allow food trucks to operate within the city limits of Nederland in an orderly, safe,
and healthful manner.
Chris Duque, City Manager, stated a Joint Public Hearing is being held in regard to
the proposal to establish a Mobile Food Truck Pilot Program and to establish
regulations that will allow food trucks to operate within the city limits of Nederland
in an orderly, safe, and healthful manner.
Minutes Continued, December 9, 2019
Following research and previous public meetings held, staff developed a draft
ordinance to amend the existing regulations to fit the request. The proposal would
establish a Food Truck Pilot Program for 12 months. During this period, temporary
permits would be available for special events (defined as an event organized and
permitted by the business establishment for the temporary promotion and
advertisement for the benefit of the business establishment, whether for profit or
non-profit; in which, the setup is completely on the establishment's private
property); the temporary permits would be available no more than 12 times during
a calendar year, no more than once a month, and for a 3-day period. The following
requirements are proposed:
• Permit fee is $50,
• Permits shall not be issued during the week of Nederland Heritage Festival,
• Permits will only be issued to applicants with a brick and mortar business in
Nederland or a residential home with a homestead exemption in Nederland,
• Documentation must be submitted confirming the business permission to
be on the property,
• Jefferson County Health Department permit is required,
• Food truck/trailers only allowed in commercial and industrial zoning
districts, not allowed in the public ROW and state highway ROW, shall not
park overnight, cannot be within 50 feet of a residential structure, and
cannot be within 100 feet of the primary entrance of an operating restaurant
without written permission from the restaurant,
• Properties where the food truck/trailer is stationed shall maintain the
required number of parking spaces,
• Food trucks/trailers shall operate from a licensed commissary,
• Food trucks/trailers shall be located within 100 feet of a public restroom,
• The pilot program will commence on January 1, 2020.
Mr. Duque said the Planning & Zoning Commission will meet to vote on their
recommendation and this item will return to City Council for possible action on
December 16th at 4:30 p.m. No action was necessary.
There being no further questions and/or comments the public hearing was
adjourned and the regular meeting was reconvened at 4:37 p.m. by Mayor
Albanese.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to amend Ordinance No. 2008-09, adjusting hours of operation of City
parks. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to approve Ordinance No. 2019-35, amending Chapter 74, Article I of the
Code of Ordinances, prohibiting camping in designated places, repealing all
conflicting ordinances, providing for enforcement, publication, and savings, and
providing an effective date. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to authorize the solicitation of bids for the Homer E. Nagel Public Safety
Complex Parking Lot Improvements project. MOTION CARRIED.
Minutes Continued, December 9, 2019
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. COMMUNICATION
a. Miscellaneous:
• Robert Woods gave a brief construction update:
*Avenue H street repaving has begun and expected to finish later this week.
*33rd Street driveway sections are being completed and project closeout will
come before City Council in January
• Chamber Coffee at Rao's at 8:00 a.m. in the morning
• City Blood Drive will be tomorrow beginning at 11:00 a.m.
• Second City Council meeting for this month will be next Monday
• Langham Singers will perform at City Hall on December 18th at 9:00 a.m.
• Storytime with Santa will at the Library on December 18th at 10:30 a.m.
• City Hall is a pick up and drop off location for Sant to a Senior Program
Councilmember Austin thanked the First Responders, Nederland Police, Nederland Fire,
City Manager, and Mayor for their work during the TPC event. He said he appreciated
the information being made available to citizens.
Mayor Albanese also thanked the Nederland Police, Nederland Fire, and First
Responders and said they are to be commended for their great work. He was thankful
there were no serious injuries during the event.
Mayor Pro Tern Neal said everyone did an excellent job.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 4:56 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
`ooni ltipps: None.
„�� • -rte.. Vis'
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`'�'•t �� 'a ' Ibanese Mayor
City of Nederland, Texas
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ay Fergu-•n, City Cler 1
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Talmadge Austin Council Member—Ward I
Billy Neal Council Member—Ward II
Emmett Hollier Council Member—Ward III
Sylvia Root Council Member—Ward IV
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance
Gary Porter Police Chief
Terry Morton Fire Chief V
Robert Woods Director of Public Works
George Wheeler BuildingOfficial
Victoria Klehn Librarian
Holly Guidry Human Resources Director
V
Joni Underwood Executive Secretary
Angela Fanette Parks Director
Pc944
Don Albanese, Mayor
ay Fergus. , City ler- •
December 9, 2019
Date
AMENDMENT TO ORDINANCE NO. 2008-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AMENDING
ORDINANCE NO. 2008-09; ADJUSTING HOURS OF
OPERATION AND REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH.
WHEREAS, the City of Nederland operates and maintains a municipal park
system; and
WHEREAS, Ordinance No. 2008-09 established regulations for governing
parks and related facilities within the City of Nederland.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS,THAT:
Section 1: Chapter 76 of the Code of Ordinances, City of Nederland,Texas is
hereby amended with the revised Section 76-27. Use of City Parks, which reads as
follows:
Sec.76-27. Use of City Parks
(A) Hours of Operation
(1) All City Parks shall be closed to the public from 9:00PM to 6:00AM each day of the
week between November 1st and March 31st. All City Parks shall be closed to the
public from 10:00PM to 6:00AM each day of the week between April rt and October
31St
(2) Except for unusual circumstances or unforeseen emergencies as determined by city
supervisory personnel,all city parks shall be open to the public from 6:00AM to 9 or
10:00PM(depending on the time of the year)each day of the week.
(3) The operational hours for the swimming facility, the recreation building, and other
indoor recreational facilities shall be governed by other ordinances as currently
enacted or as subsequently amended.
(4) Parking of a motor vehicle in any city park is prohibited between the hours of 9:00 or
10PM (depending on the time of the year) and 6:00AM, unless the person who has
the motor vehicle is exempted from the closing time under this ordinance.Access to
the parking lots by way of street or roadway shall be closed from 9 OR 10:00PM
(depending on the time of the year)to 6:00AM each day.Any city sponsored,hosted
or approved community event,athletic event,league or tournament program may be
exempted from park closing time by prior approval of the city manager or his/her
designee.
(5) Security gates or barricades may be provided at any city park entrance for the purpose
of closing and securing a park as deemed necessary by the city council and/or the city
manager or his/her designee.
(6) Signs may be posted within or near any city park to provide notice to patrons of the
park hours, codes of conduct, speed limits, facility use and other miscellaneous
matters as deemed necessary and appropriate by the city council and/or the city
manager or his/her designee.
Section 2: Ordinance No. 2008-09 shall be amended when this Ordinance
becomes effective.
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: This ordinance shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THE 9T" day of DECEMBER, 2019.
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``‘‘\\\wiZilli,, APPROVED:
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%C) � Donn Albanese,Mayor
% 04G,..O City of Nederland,Texas
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A _ . , /4 /I,1 . . l
ay Ferguson,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
gairOt
Jes - Bra ,,qty Attorney
C' y of,,ederland,Texas
ORDINANCE NO. 2019-35
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING CHAPTER 74, ARTICLE I OF
THE CODE OF ORDINANCES, CITY OF
NEDERLAND, PROHIBITING CAMPING IN
DESIGNATED PLACES; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING
FOR ENFORCEMENT, PUBLICATION, AND
SAVINGS; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to
utilize police power regulation of health,safety,and general welfare of the public;and
WHEREAS,the Nederland City Council desires to prevent camping in designated places;
and
WHEREAS,in order to accomplish this necessary goal and objective,the City of Nederland
now finds it necessary to amend Chapter 74. Offenses and Miscellaneous Provisions, Article I.
General of the existing Code of Ordinances.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Chapter 74. Offenses and Miscellaneous Provisions, Article I. General of
the Code of Ordinances of the City of Nederland is hereby revised with the
following revisions:
A. Add Section 74-3.Camping:
Section 74-3. Camping.
A. Definitions—within this section,the following terms have the following meanings:
i. Designated Place means a primarily residential area, designated historic districts to
which the public has access and includes,but is not limited to streets,highways,parks,
parking lots,alleyways,and the pedestrian ways,and City parks.
ii. Camp means to use a designated place for living accommodation purposes such as,but
not limited to any of the following:
a. Storing of clothing,food,beverage,or other personal belongings;
b. Sleeping or lying in or on a cot,blanket,sleeping bag,or similar sleeping equipment;
c. Using any tents, shelter or other structure, furniture, refuse or vehicle for living
accommodation;
d. Making a camp fire;
e. Carrying on cooking activities.
B. It is an offense for any person to Camp in any Designated Place.
C. It is a rebuttable presumption that a person is camping in violation of this section if they
engage in any of the activities listed in subsection(A)(ii)above regardless of the intent of the
participants or the nature of any other activities in which they may also be engaging.
D. It is an affirmative defense to prosecution under this section that:
i. The person is the person who owns the property or has secured the permission of the
property owner to camp in the designated place area;
ii. The person is camping in a city park and had in his or her possession at the time of the
offense a valid written permit authorizing such activity signed by the Director of Parks
and Recreation or their designee.
E. Penalty—Any person violating any of the provisions of this ordinance shall be deemed guilty
of a misdemeanor. In addition to any other remedy provided by law,the City and its officers
shall have the right to enjoin any violation of this ordinance by injunction issued by a court of
competent jurisdiction.
SECTION 3. All ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 4. Should any paragraph,sentence,subdivision,clause,phrase,or section of
this ordinance be adjudged or held to be unconstitutional,illegal or invalid,
the same shall not affect the validity of this ordinance as a whole or any
part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional.
SECTION 5. 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 6. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED THE 9T"day of DECEMBER,2019.
APPROVED:
.1:0E4k Lur: _ALlaredt-WI
Don Albanese,Mayor
s.ri�''•`.'G•'���t�� City of Nederland,Texas
Cup4)40)4/0-0 --.
Gay Ferguson,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Ili, �' ,• c�
Jess- :rani , yAttorney
City of -:erland,Texas