December 16, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. December 16, 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. 12th 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 HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), 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 Root and seconded by Councilmember Hollier
to approve the Consent Agenda Items a-b as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: None.
Absent: Councilmember Austin.
a. Minutes - December 9, 2019 regular meeting
b. December 2019 Departmental Reports
4. REGULAR AGENDA
a. A motion was made by Councilmember Root and seconded by Councilmember
Hollier to approve a proclamation recognizing Nederland's First Responders.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: None.
Absent: Councilmember Austin.
Nederland Police Department, Dispatchers, and Nederland Fire Department were
presented with proclamations for their work during the TPC Explosion Event. Chief
Minutes Continued, December 16, 2019
Porter and Chief Morton were presented with letters of commendation by Mayor
Albanese.
b. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to approve Ordinance No. 2019-36, amending Appendix A - Zoning of the
Code of Ordinances to establish a 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. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: None.
Absent: Councilmember Austin.
c. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to authorize the purchase of a police patrol unit via state-approved contract.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: None.
Absent: Councilmember Austin.
d. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to award a bid to Progressive Commercial Aquatics, Inc. in the amount of
$152,600.00 for a waterslide at the Nederland Swimming Pool. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: None.
Absent: Councilmember Austin.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:54 p.m. by Mayor Albanese 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 5:18 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action was
necessary.
7. COMMUNICATION
a. Miscellaneous:
• Robert Woods reported Avenue H has reopened. The liner will go in this week
then the contractor will take off until after the first of the new year. He said
33d Street will be completed this week.
• The Bob Hope School Strings Group will be playing at City Hall in the morning
at 10:30 a.m.
• Wednesday the Langham Singers will sing at City Hall at 9:00 a.m., Storytime
with Santa will be at 10:30 a.m. at the Library, and employee Christmas
Luncheon will be 11:30 a.m. til 1:30 p.m.
Minutes Continued, December 16, 2019
• The 3 cadets will be sworn in on Thursday at 2:00 p.m. at the Homer E. Nagel
Public Safety Complex.
• City Offices will be closed December 24 and December 25th for Christmas Eve
and Christmas Day.
• City Offices will be closed January 1st for New Year's Day.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:20 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: None.
\ \\‘00, bgeg”: Councilmember Austin.
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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 V
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 V
Gary Porter Police Chief V
Terry Morton Fire Chief
Robert Woods Director of Public Works
V
George Wheeler Building Official ✓
Victoria Klehn Librarian
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary
Angela Fanette Parks Director V
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on Albanese, Mayor
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G•y Ferguso 4 City Clerk - •
December 16, 2019
Date
I
ORDINANCE NO. 2019-36
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS, AMENDING
APPENDIX A - ZONING OF THE CODE OF
ORDINANCES, CITY OF NEDERLAND, PROVIDING
THE ZONING REGULATIONS OF A "FOOD TRUCK
PILOT PROGRAM"; MAKING FINDINGS OF FACT;
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 provide its residents and visitors with a
variety of dining options by allowing food trucks to operate in Nederland;and
WHEREAS,a joint public hearing before the Nederland City Council was held on December
9, 2019, pursuant to V.T.C.A., Local Government Code, Section 211.006, at which hearing the
public was provided the opportunity to voice their comments or questions;and
WHEREAS, the Nederland City Council finds it in the public interest to establish a Food
Truck Pilot Program and desires to establish regulations that will allow food trucks to operate
within the city limits of Nederland in an orderly,safe,and healthful manner.
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. Appendix A—Zoning of the Code of Ordinances of the City of Nederland is
hereby revised with the following revisions:
A. Amend SUBCHAPTER C. USE REGULATIONS,Section 13. Schedule of permitted uses
to establish a permitted use for food trucks in certain zoning districts:
Section 13.1. General provisions.
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B. Amend SUBCHAPTER C. USE REGULATIONS,Section 15.Temporary Use Permits:
Section 15.1.8. Food Trucks.
8. Following the conditions and requirements outlined below,mobile vendors are allowed to sell
merchandise and/or food and drink in the City of Nederland in the zoning districts listed in the
Schedule of Permitted Uses for no more than 36 total days per year. Mobile vendors as a non-
profit club or organization are allowed to sell merchandise and/or food and drink only in the City
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of Nederland zoning districts listed in the Schedule of Permitted Uses for no more than 14
consecutive days and no more than 30 total days per year.
DEFINITIONS
Concession means an enterprise which operates in the open and/or utilizes a non-
permanent structure and that makes available for sale perishable goods or commodities.
Food truck/trailer means a mobile concession establishment that is self-sufficient and
readily moveable.
Mobile concession means a concession that moves from location to location providing
their services.
Special event means 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 or for a city-sponsored event or city-authorized event; in which,
the setup is completely on the establishment's private property.
PERMIT REQUIRED
1. No person shall conduct a concession in the City without a permit.
2. A temporary permit may be obtained for each special event. An applicant may receive a
temporary permit no more than twelve(12)times and no more than once a month during a
calendar year(January 1st through December 319. The temporary permit is valid for three
(3)consecutive days. Rain-outs or other weather-related issues do not extend or amend the
3-day permit period.
3. The permit is valid upon payment of the permit fee and necessary inspection(s).
4. Permits shall not be issued during the week of the Nederland Heritage Festival.
PERMIT FEE
TEMPORARY PERMIT FEE $50
PROCEDURE FOR APPROVAL AND APPLICABLE STANDARDS
1. The applicant must have a brick and mortar business located in the city limits of Nederland
or the principal owner must be a resident living at a home utilizing a homestead exemption
in the city limits of Nederland.
2. The application shall be submitted to the building official at least ten(10)business days prior
to the first date the contemplated concession is to take place.
3. Application submittal requirements may include,but not be limited to,the following:
a) Completed written application;
b) Valid legal identification;
c) Proof of insurance and/or bond,in accordance with requirements established by the city;
d) Site plan (each location of a concession shall be considered a separate business;
therefore,a separate permit shall be required for each location);
e) Proposed signage;
f) A Jefferson County Health Department permit is required at the time of application.Any
concession must adhere to all county health department requirements;
g) Copy of the current signed lease or approval from the property owner to utilize the
property from which the concession is to be conducted;
h) State sales tax identification number and the city shall be indicated as the origin of sales;
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4. Location standards.
a) Permits are valid in Office Commercial,Neighborhood Retail, Highway Commercial, Light
Industrial,Medium Industrial and Heavy Industrial zoning districts;
b) Food trucks/trailers cannot block fire hydrants, fire lanes,fire department connections,
and entrances/exits for adjacent structures;
c) A food truck/trailer shall not conduct business within 100 feet of the primary entrance of
an open and operating food service establishment. This buffer may be reduced upon the
City receiving written,notarized permission from the owner of said establishment;
d) A food truck/trailer shall not obstruct any entrances to or exits from a structure.
5. The following regulations shall apply:
a) The proposed site of the concession may not include or be located within any required
parking space(s)for a permanent business(es), unless written consent is granted by the
property owner and the city's parking space requirements continue to be met. The
business shall maintain the necessary number of parking spaces and shall not interfere
with drive aisles;
b) A food truck/trailer may not be located in the public right-of-way, state highway
department right-of-way or driveway and any serving window shall maintain a minimum
setback of five feet from the street right-of-way. Exception—city-sponsored events;
c) A food truck/trailer shall move and vacate the premises of the business location on a daily
basis;overnight parking is prohibited;
d) For purposes of this section,structures that are manufactured for a use other than mobile
vending may not be used.Examples of acceptable vehicles include,but are not limited to,
vehicle equipped with serving windows, merchandise display equipment, kitchen
preparation areas,and advertisement display section.Approved structures must adhere
to the following:
i. No cracked windows;
ii. No visible rust or disrepair;
iii. No offensive images or language may be on the concession or signs;
iv. No emission of noxious gases,odors,and/or fumes;
e) Shall not operate from a vehicle such as a passenger(pickup)truck,flatbed trailer,mobile
home,automobile,or passenger van;
f) A food truck/trailer must be able to relocate within four hours of an emergency
declaration by the city;
g) The food truck/trailer shall be maintained in a clean and sanitary manner and shall not
allow the accumulation of stagnant water;
h) Food trucks/trailers shall operate from a licensed commissary for food preparation,
storage,and disposal. A copy of the last commissary report shall be located on the food
truck/trailer and provided upon request.
i) Food preparation must meet the county health department regulations;
j) A food truck/trailer must have a water source as approved by the county health
department and provide a free-standing pole or on-board generator for electrical service;
k) A maximum of two signs shall be permitted at each food truck/trailer.The cumulative
square footage may not exceed the face of the structure. Flashing and/or intermittent
lighting signs are prohibited. No signage may exist within the city right-of-way. The
concession shall not use noise, lighting, or windblown devices as a means of attracting
attention to the business;
I) Shall not be permitted within 50 feet of an existing residential structure. Measurement
shall be from the window of the concession to the primary door of the residential
structure.
m) Must display the permit in a conspicuous location on the food truck/trailer;
n) Each food truck/trailer must have a litter receptacle available, clearly marked and
maintained for patron use.Emptying and disposal of litter receptacle is the responsibility
of the operator;
o) Shall be located within 100 feet of a restroom available for food truck/trailer staff;
6. Fire safety requirements.
a) Food trucks/trailers shall be inspected by fire department personnel prior to operating in
the city and,at a minimum,annually;
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b) Food trucks/trailers shall not be located where they may interfere with any fire lane,fire
department connections,fire hydrant,or entrance/exit access of any structure;
c) Food truck/trailer staff shall be trained on the use of fire extinguishers and exhaust hood
extinguishment systems, propane safety procedures, and refueling procedures, as
applicable;
d) Food trucks/trailers shall include one 10-BC fire extinguisher(general use)and other such
fire extinguishers, appropriate for the cooking situation, as required by the fire
department.All fire extinguishers shall include current inspections tags and be in working
order;
e) Concessions electrical system and power cords shall be safe and in good working
condition;
f) Generators shall be located at least ten feet away from buildings,structures,vehicles,or
other combustibles;
g) Fuels shall be properly stored in approved Underwriter's Laboratory approved containers,
away from heat sources;
h) Propane tanks shall be secured,stored upright,and be within hydrostatic test date;
i) All means of ingress/egress shall be clear and free from hazards.
7. The building official,or designee,reserves the right to deny,suspend,and/or revoke a permit
based on any,but not limited to the following:
a) Dangerous food truck/trailer placement or other threat to public health, safety and/or
welfare;and
b) Non-compliance with permit conditions or city Code provisions.
INSPECTION AUTHORITY
The city,the county health department,and/or state-agencies may inspect at any time to ensure
compliance with applicable codes,regulations,and/or requirements.
PENALTY
1. A violation under this section is a Class C misdemeanor offense punishable upon conviction
by a fine not to exceed$500.00 per offense.Each day shall constitute a separate offense.
2. A violation under this section may result in the temporary permit being revoked and an
applicant being unable to receive another permit for a minimum period of six months.
3. Pursuant to state law and this article,the maximum penalty for offenses arising under such
code or ordinance of the city governing fire safety,zoning,public health and sanitation,shall
not exceed the sum of$2,000.00.
4. If such maximum penalty provided for by this article or any such offense is greater than the
maximum penalty provided for the same or a similar offense under the laws of the state,then
the maximum penalty for violation as provided by state statute shall be the maximum penalty
under this Code.
5. Penalties provided for are in addition to any other enforcement remedies that the city may
have under city ordinances and state law.
NON-PROFIT CLUBS OR ORGANIZATIONS
Mobile vendors as a non-profit club or organization are allowed to sell merchandise and/or food
and drink only in commercial or industrial districts in the City of Nederland for no more than 14
consecutive days and no more than 30 total days per year. The above-listed regulations do not
apply to this category excluding the parking space requirement. No permit fee shall be charged.
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.
4
SECTION 4. The Ordinance shall be effective on January 1,2020. The Food Truck Pilot
Program term is 12 months.
PASSED AND APPROVED THE 16TH day of DECEMBER,2019.
a auiiiiu,u APPROVED:
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'...r.:7".'• Ian i Don Albanese,Mayor
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Gay Ferg ron,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
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Jes. is Attorney
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Nederland,Texas
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