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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. ° (°ARIA"6 •� Os j �� //�'' c`f'c R. A. Nuge14, 4701,6, yor rAW,'t City of Nederland, Texas ' : tAi / -. Gay Ferguson,j ity Clerk City of Nederland, Texas 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