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February 26, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 26, 2024 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 was led by Mayor Pro Tem Sonnier. 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. Councilmember Bret Duplant made a motion to remove Item 3.a - Minutes of February 12, 2024 from the Consent Agenda and consider separately. He stated that there were discussions at the February 12 meeting that were not included in the Minutes. These discussions were regarding the Doornbos Park Pond Improvements project Change Order agenda item and also on the root cause and analysis on the February water outage. This was not an agenda item on the February 12, 2024 City Council meeting agenda. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Item "b thru c" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Item 3.a - Minutes of February 12, 2024, was removed from the Consent Agenda and moved to the Regular Agenda. b. January 2024 Departmental Reports c. Tax Assessor Collection Report - January 2024 4. REGULAR AGENDA Item 3.a - Minutes of February 12, 2024. Mayor Pro Tem Sonnier stated that comments were made at the February 12, 2024 meeting regarding the water outage that should have been included in the Minutes. He stated that he still has concerns with the City running high with all the water leaks and asked what we are doing to move forward. Many businesses were inconvenienced and the City needs to be truly transparent for our citizens. Minutes continued, February 26, 2024 Councilmember Duplant stated that the City had approved an additional $140,000 for disposal on the pond sludge and he felt that the engineer should be responsible for this cost. Mayor Pro Tern Sonnier stated that he would like to have the engineer answer these questions on what procedure was done improperly to result in these additional expenses. City Attorney, Chris Leavins, stated that only the Minutes of February 12, 2024 could be discussed. City Manager, Chris Duque, stated that the Water Plant issue was not on the February 12, 2024 agenda to be discussed. Mayor Pro Tern Sonnier stated that the item was not on the last agenda but was discussed by the City Council as a recap of what took place and asked that this item be placed on the next agenda to discuss further. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to bring back the Minutes of February 12, 2024 to the March 11, 2024 Agenda for approval. a. Chris Duque stated that Nederland Independent School District has submitted a request related to street work by C.O. Wilson Middle School. NISD requests the City install "curb and gutter" on Helena Avenue (approximately 325 feet) and on 27th Street (approximately 475 feet). The estimated cost for this street work is approximately $125,600. Prior to the NISD bond work, there was a shell or road material parking area along Helena Avenue between the edge of the concrete street and the sidewalk that is on the school district property, and there was a similar material parking area along North 27th Street between the edge of the asphalt street and the sidewalk that is on the school district property. The NISD bond work addressed the drop-off/pick-up areas of the school, which included the elimination of vehicle parking along Helena Ave and 27th St. Following the bond work, NISD is still dealing with parents parking along Helena Ave, and NISD has expressed concerns with erosion issues along 27th St. Mayor Pro Tern Sonnier asked why the City would be doing this work when the problem was caused by the bond issue. Chris Duque stated that NISD had requested that we place this item on the agenda. Bill Jardell, NISD Assist. Superintendent, stated that the school district is asking for curb and gutter in these two areas due to people still parking in the grass area there. He stated that curb and gutters were not included in the H B Neild project. Chris Duque stated that something could be done for this area but not to the extent of curb and gutter. Rob Woods, Director of Public Works, stated that the area would be dressed up similar to other shallow ditch areas in town. Mayor Pro Tern Sonnier asked if NISD would be willing to split the cost of this project. Mr. Jardell stated that he would discuss this with NISD and let the City know. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to table the request from the Nederland Independent School District related to street work by C.O. Wilson Middle School and to bring this back to council at a future date. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. b. Chris Duque stated that Rickie Salenga, the owner of 2120 Helena Avenue, Minutes continued, February 26, 2024 requested the re-plat of this property (SW 4 of Lot 1, Block 2 of Cottage Groves Addition). The existing lot is located at the corner of Helena Ave and North 22nd Street. The re-plat would result in the creation of Tract 1-A and Tract 1-B; both lots would face N. 22nd St. The City Zoning Ordinance requires a minimum lot to be 50' by 100' with a total area of 5,000 square feet. The re-plat results in Tract 1-A being 28' short in depth and 752 square feet short in total area and Tract 1-B being 28' short in depth and 392 square feet short in total area. Mr. Salenga advised the Building Official that his intent is to construct two single-family homes on the re- platted tracts. The Planning & Zoning Commission met on February 20th and unanimously recommended approval. George Wheeler, Chief Building Official, stated that approval is contingent upon the floor plan of each dwelling meeting the ordinance lot set back requirements. Mayor Pro Tern Sonnier stated that, in the situation of another developer making the same request under the same conditions, the City should be consistent with their approval. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to approve the Re-Plat request of 2120 Helena Avenue described as the SW 4 Lot 1, Block 2 of Cottage Groves. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. c. Chris Duque stated that at their January 17th meeting, the NEDC Board authorized the purchase of 1111 Boston Avenue for the price of $200,000. Mrs. DeCuir indicated the property purchase would facilitate additional parking for the Atlanta Avenue development. This item was tabled at the February 12th City Council meeting due to the lack of answers to councilmembers' questions. The Council requested information regarding the proposed purchase price of $200,000. According to Mrs. DeCuir, the NEDC did not get an appraisal of the property. Mrs. DeCuir acknowledged the issues City staff identified with the current layout of the parking lot. This is the first required reading of the resolution. Councilmember Root asked about additional parking for employees of the new business at this location. Kay DeCuir, EDC Director, stated that the employees would park behind the building and that this area has access off of Twin City Highway. Councilmember Root also asked if an inspection was performed. Mrs. DeCuir stated that the only issue she was informed of was wind-blown rain coming into the very back of the building. She stated the property will not be surveyed until immediately before closing and that an appraisal was not conducted. The parking lot will strictly be for Off Boston usage. Boston Avenue is busy on any given night and could benefit from this additional parking. She also stated the building is 574 square feet. The parking lot will need to be redesigned but can be done with striping and taking in the new grass area. Mrs. DeCuir stated that the redesign needs to be further discussed with the City. She has talked to Commissioner Cary Erickson and was told that since the EDC is not a governmental entity, they cannot enter into a contract with the County. This work could be included when the City does the road improvements agreement with the County in June or July and this could be a part of this project. She has talked to N & T Construction and the cost for doing asphalt overlay on this parking lot and grassy area would be approximately $20,000-$25,000 which was calculated at today's prices. The expected closing date on this building will be sometime in April. She stated that she would be willing to go in 50/50 on these improvements and then donate the parking lot to the City. Chris Duque stated that his concern with the parking lot is the safety issue regarding the ingress/egress. He stated that all of the improvements should be completed before the insurance becomes effective. Mrs. DeCuir stated that she would take this to her board for Minutes continued, February 26, 2024 approval. Chris Duque stated that questions had been asked about how the $200,000 figure was calculated. Mrs. DeCuir stated that several businesses were interested in purchasing this property and she was told that she was second in line on the list of potential buyers. The first potential buyer, Construction Zone, is now moving, so the EDC became the first on the list and was able to acquire the property. Her board gave her the price of $175,000-$200,000 to work with. Chris Duque asked how the EDC determines whether or not they will obtain an appraisal on property they are buying. He stated that the EDC obtained an appraisal when acquiring 1215/1217 Boston Avenue last summer. Councilmember Duplant stated that this was done when the EDC was selling property, not buying property. Councilmember Duplant stated that if there are questions to be asked of the EDC board, the questions should be addressed with the EDC board members and not during a City Council meeting. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tem Sonnier to approve Resolution No. 2024-03, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1111 Boston Avenue, in the amount of$200,000. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. d. Chris Duque stated that at the September 11th meeting, the City Council established a temporary 10-member Food Truck Committee to discuss the City's Food Truck regulations and to possibly recommend revisions to said regulations. The Committee included the City Manager, the Building Official, Councilmember Sonnier, Councilmember Root, Keith Bass, Joe Oates, Al Judice, Remi Bryan, Lance Howell, and Nathan Huckaby. The committee met on September 26th, November 9th, November 27th, and December 14th. At the December 14th meeting, the Committee made the following recommendations: • Maintain the permits for special events with adjustments to the requirements - local business may secure this permit (one permit a month for a one-day special event) to utilize food truck businesses that are not located in Nederland; the $50 permit fee is not adjusted; • Add an Annual Food Truck Permit ($500) - limited to 8 permits for only applicants who have a brick-and-mortar business located in the City or are a resident utilizing a homestead exemption in the City; • Food truck shall not conduct business within 200 feet of the primary entrance of an operating food service establishment unless the owner of the food service establishment provides written approval; • Food truck shall not conduct business within 50 feet of a residential structure; • Non-profit clubs and organizations may sell merchandise and/or food and drink for no more than 14 consecutive days and no more than 90 days total per year. Additional terms of the ordinance include: • Pro-rating the Annual Food Truck Permit for 2024 ($417) due to the permit only being effective for 10 months; • No food truck will be allowed to operate during the week of the Nederland Heritage Festival (this does not apply to the non-profit organizations and clubs that have booths at the NHF's concession row); • Food truck permit applications require the submittal of a site plan to ensure the location standards of the ordinance are met; • The ordinance would be effective March 1, 2024. A joint public hearing was held on February 12th. The Planning & Zoning Commission met on Feb. 20th, and they unanimously recommended approval of the Minutes continued, February 26, 2024 revisions. The Planning & Zoning Commission and the Chief Building Official recommend approval of this item. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Ordinance No. 2024-04, amending Appendix A - Zoning of the Code of Ordinances, providing the zoning regulations of food trucks, and repealing Ordinance No. 2019-36. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. e. Chris Duque stated that staff solicited proposals for Windstorm Insurance. The City retained the RWL Group to assist with this RFP; they have assisted before. The RWL Group representative was attending the meeting via Zoom. The City's current one-year policy with USI Southwest, Inc. (USI) expires on March 1st. The current cost is approximately $1,182,303.33, which represents the annual premium of $789,403.27+$392,900.06 (buydown option for a $250,000 deductible with a loss limit of $30,000,000). Staff anticipated a windstorm insurance price increase based on the windstorm insurance market and inflation. The City's total insured schedule of values has increased from $65,361,291 to $76,953,362, an increase of $11,592,071 or 17.7%. The increase was based mainly on inflation related to construction costs. The City received two proposals - USI Southwest, Inc. (USI) and Victor Insurance Managers, Inc. (VICTOR). Included in USI's proposal were two options with varying coverage and costs, and Victor's proposal included three options with varying coverage and costs, as well as tiered coverage between the commercial markets and the Texas Windstorm Insurance Association (TWIA). The RWL Group recommends utilizing VICTOR's Option 2 with an annual premium of $1,063,490.17. This premium includes the primary coverage in the amount of $636,158, the TWIA coverage in the amount of $240,822, the Public Safety Complex excess coverage in the amount of $31,563.50 (the insured value of this facility exceeds coverage limits for any one structure; thus, the excess coverage is necessary), the primary coverage deductible "buydown" (from 3% to a $25,000 deductible) in the amount of $130,304.86, and the TWIA coverage deductible "buydown" (from 3% to a total $25,000 deductible) in the amount of $24,641.81. In comparing the cost of each option, it is necessary to focus on the annual premium and the max deductible, which combined create the total potential cost. Employing VICTOR's Option 2, in the event of a hurricane striking Nederland and causing extensive damage to City facilities, the potential deductible for the damage is $50,000 for the disaster, not per facility. However, the maximum loss limit does not cover the City's total schedule of values (approximately $27,853,362 or 36.19% is not covered). Last year's coverage only included a maximum of $30,000,000. When we discussed the maximum loss limit issue with RWL, they explained that based on their experience with other cities' losses/damages, the $49.1M option may be sufficient for our potential damages. Catastrophic hurricanes in recent years have greatly impacted the Gulf coast states signaling the need to be adequately prepared. In addition, FEMA has continued to tighten their purse strings. Fortunately, the premium cost of VICTOR's Option 2 is lower than the current by $118,813.16 or 10.04%. With the lower costs, the maximum coverage has increased from the current $30,000,000 to $49,100,000, an increase of $19,100,000 or 63.66%, and the potential cost for one event has decreased from $1,432,303.33 to $1,113,490.17, a potential savings of $318,813.16 or 22.25%. Minutes continued, February 26, 2024 The RWL Group and Mrs. Guidry recommend awarding the windstorm insurance bid to Victor Insurance Managers, LLC utilizing Option 2. It is important to note the City's last windstorm claim was in 2008 following Hurricane Ike. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to award bid for the Windstorm Insurance to Victor Insurance Manager's LLC utilizing Option 2. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • Chris Duque thanked the NPD and Public Works Department for their prompt response to the vandalism issue of February 18th. 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:11 p.m. g ttm Don Alb nese, Mayor City of Nederland, Texas ATTEST: :401A; thaeAkid23 Joni Underwood, City Clerk City of Nederland, Texas \00,111 In1111/4' _ 10 Vii) a OF J�`� \\•��` Il! CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V Bret Duplant Council Member—Ward I Sylvia Root Council Member—Ward II Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV V Chris Duque City Manager Joni Underwood City Clerk Chris Leavins City Attorney V Heather Stucker Director of Finance / Gary Porter Police Chief J Terry Morton Fire Chief Robert Woods Director of Public Works / George Wheeler Building Official i/ Molli Hall Librarian / Holly Guidry Human Resources Director Toby Latiolais Parks Director ✓ 0,,, ao,"„a„, Don Albanese, Mayor \\oI111111i1111//,Ii,,' �J � OF A," ,1 Jon' nderwood, City Clerk 'z ie x�^,0,/ �' 2-26-24 "'' °4-FFERS�,� Date /,/,,,III I I I III,N�, fi"s0NCo „ \ t `'(,, `lam ,..4, TERRY WUENSCHEL, PCC /t . -int ' 44 ‘ +--. ; / INTERIM TAX ASSESSOR-COLLECTOR *?,�- * JEFFERSON COUNTY,TEXAS ?--EXP STATE OF TEXAS COUNTY OF JEFFERSON I I, Terry Wuenschel, P.C.C.,. the Tax Assessor-Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $2,449,474.82, represents all taxes collected for CITY OF NEDERLAND during the month of January 2024. 1 itit-V,IAAMLAa Terry Wuenschel,P.C.C. I I MAILING ADDRESS • P.O. BOX 2112 • BEAUMONT,TEXAS 777042112 PHYSICAL ADDRESS '• 1 149 PEARL • BEAUMONT,TEXAS 77701. PHONE:409-835-8516 • FAX:409-835-8589 RESOLUTION NO. 2024-03 A RESOLUTION OF THE NEDERLAND CITY COUNCIL RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION WHEREAS,the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises;and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments,welfare, and prosperity of its citizens;and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment,economic activity,and stability;and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described;and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law,its charter,bylaws and by board approval,to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to the acquisition of 1111 Boston Avenue in an aggregate maximum amount of not more than Two Hundred Thousand dollars($200,000.00),in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 26th day of February 2024 at which meeting a quorum was present and voting. 09-1/ agey-c42.40, Don Albanese,Mayor City of Nederland,Texas ATTEST: OArtsd ``��tuunuuga� Joni nderwood,City Clerk `,.�`OF.NEQF",, City of Nederland,Texas .�`,� •• • ti o �l APPRO RM AND LEGALITY: = o .c Ni CCD Ch ' eavins,City Attorney OF.jEFF`O�,`� City of Nederland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 11T—"day of March 2024 at which meeting a quorum was present and voting. Don Albanese,Mayor City of Nederland,Texas ATTEST: 4 tiAldekalal 1Joni Unperwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Chris Leavins,City Attorney City of Nederland,Texas \,0111111 III of NCD " - :i 7fi OF.JEFF ••,,,1/,l,H11I1111111\\\ ORDINANCE NO. 2024-04 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 FOOD TRUCKS; MAKING FINDINGS OF FACT; REPEALNG ORDINANCE NO. 2019-36 THAT ESTABLISHED A FOOD TRUCK PILOT PROGRAM; 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 WHERAS,the Nederland City Council approved Ordinance No. 2019-36 that adopted a "food truck pilot program"and an amendment to Ordinance No.2019-36 that extended the pilot program;and WHEREAS,a joint public hearing before the Nederland City Council was held on February 12, 2024, 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 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. iR1R�2'"R-3I;:R=4'+�� _.._._. �.. � _. -� - -- ---� -EUC-1�.�:C-2.";G3"�3-P ;,I_g� tI=3 C 'CU' 'E ? 1 . (13 is' U. { _ —tai ' l _ ; a NA;ICS PERMITTED PARKING j E :t"of E': �l v j I' .j �' !-'�: �PRIMARY�'USES' Group, ;' °E.�l ;' o ;; -o�'f ' c, aE' ' �� ms ;p i 7f -71 CJS , ,3, Ol'! a) •mi �; �. E-i Q • . Zi E • Food Trucks PP PPPP B. Amend SUBCHAPTER C. USE REGULATIONS,Section 15.Temporary Use Permits: 1 Section 15.1.8. Food Trucks/Trailers. 8. Following the conditions and requirements outlined below,food trucks/trailers are allowed to sell food and drink in the City of Nederland in the zoning districts listed in the Schedule of Permitted Uses. NON-PROFIT CLUBS AND ORGANIZATIONS Food trucks/trailers operating as a non-profit club or organization are allowed to sell merchandise and/or food and drink only in the City of Nederland zoning districts listed in the Schedule of Permitted Uses for no more than 14 consecutive days and no more than 90 total days, per year. The below-listed regulations,excluding the parking space requirement,do not apply to this category. No permit fee shall be charged. DEFINITIONS Food truck/trailer means a mobile food truck/trailer that is equipped with approved commercial cooking equipment and is self-sufficient and readily moveable. 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; in which,the setup is completely on the establishment's private property. ANNUAL FOOD TRUCK PERMIT PERMIT REQUIREMENTS 1. No person shall conduct a concession in the City without an Annual Food Truck Permit. 2. An Annual Food Truck Permit may be obtained annually(January 1st—December 319. The application and required documents shall be submitted to the building official at least ten (10)business days prior to the first date the food truck/trailer is to be set up. 3. The Annual Food Truck Permit is valid upon payment of the permit fee and necessary inspection(s). 4. The City shall only issue eight(8)Annual Food Truck Permits during a calendar year. A food truck owner may own multiple units; each unit would fall under one annual permit. The annual permit is subject to one unit in operation at any one time and at any one approved location. During the annual permit issuance,the food truck owner with multiple units shall submit for permit review details of all units that may operate at any one time within any one location. 5. The Annual Food Truck Permit shall be issued to the food truck owner or principal owner and such application must have a brick-and-mortar business located in the City limits or such owner must be a resident of the City living at a home utilizing a homestead exemption within the City limits. 6. The Annual Food Truck Permit fee is set$500.00. For permits issued during the 2024 calendar year ONLY,the Annual Food Truck Permit fee is pro-rated to$417. 7. The Annual Food Truck Permit holder shall be fully responsible for full compliance to the location standards and regulations listed in this ordinance. Should the Annual Food Truck Permit holder move from one location to another,each single location shall have the same standards of this ordinance and shall be upheld by the food truck/trailer owner. If found to be out of compliance with ordinance,the food truck/trailer shall be required to immediately stop operation until compliance is obtained. 8. NO Food Truck shall be allowed to operate at any location within the City limits during the week of the Nederland Heritage Festival. 2 ANNUAL FOOD TRUCK PERMIT FEE—$500 ANNUAL FOOD TRUCK PERMIT STANDARDS 1. The food truck/trailer owner or principal owner 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 submittal may include,but not limited to the following: a) Completed written application; b) Valid legal identification; c) Proof of liability insurance on the food truck/trailer; d) Site plan (a plan of the food truck location drawn to approximate scale indicating the setbacks and yards,the safe design of pedestrian and vehicle traffic,etc.); e) Proposed signage; f) A,Jefferson County Health Department permit is required at the time of application.Any food truck/trailer must adhere to all county health department requirements; g) Copy of the current signed and notarized lease or approval from the property owner for each property is required to be submitted for review prior to utilizing the property from which the food truck/trailer is to be operated; h) State sales tax identification number and the city shall be indicated as the origin of sales; i) A statement as to whether or not the applicant have been convicted of any crime, misdemeanor or violation of any municipal ordinance (the City reserves the right to perform a criminal background check prior to the issuance of a permit);and j) The approval by the Nederland Fire Department and the Chief Building Official. 3. 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 200 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) Shall be located within 100 feet of a restroom available for food truck/trailer staff; e) A food truck/trailer shall not obstruct any entrances to or exits from a structure; f) 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; g) The food truck while in operation as a food truck,may not be moved from the approved food truck location as designated on the site plan; h) The proposed site of the food truck/trailer 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;and i) 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. The only exceptions shall be for City- sponsored events or certain events that include street closures as approved by the City Council,such as the NEDC's fall market event. 4. The following regulations shall apply: a) A food truck/trailer shall move and vacate the premises of the business location on a daily basis;overnight parking is prohibited; b) For purposes of this section, structures that are manufactured for a use other than an approved food truck/trailer may not be used. Examples of acceptable vehicles include, but are not limited to, vehicles equipped with serving windows, menu, and kitchen 3 commercial cooking equipment including a commercial vent hood with fire suppression system installed in the hood, 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 food truck/trailer or signs; iv. No emission of noxious gases,odors,and/or fumes; c) Shall not operate from a vehicle such as a passenger(pickup)truck,flatbed trailer,mobile home,automobile,or passenger van; d) A food truck/trailer must be able to relocate within four hours of an emergency declaration by the city; e) The food truck/trailer shall be maintained in a clean and sanitary manner and shall not allow the accumulation of stagnant water; f) 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. g) Food preparation must meet the county health department regulations; h) 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; i) 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; j) Must display the Annual Food Truck Permit in a conspicuous location on the food truck/trailer; k) 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; 5. 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; b) 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; c) 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; d) Food truck/trailer's electrical system and power cords shall be safe and in good working condition; e) Generators shall be located at least ten feet away from buildings,structures,vehicles,or other combustibles; f) Fuels shall be properly stored in approved Underwriter's Laboratory approved containers, away from heat sources; g) Propane tanks shall be secured,stored upright,and be within hydrostatic test date; h) All means of ingress/egress shall be clear and free from hazards and shall be clearly marked to indicate the pedestrian crossings and lanes of vehicle traffic. 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. 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. 4 The City of Nederland reserves the right to revoke permits if the City deems it is necessary to protect the interests and welfare of the City and City residents. 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 annual 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. • SPECIAL EVENT OR TEMPORARY FOOD TRUCK PERMITTING PERMIT REQUIREMENTS 1. No person shall operate a food truck/trailer in the City without a permit. 2. For special events with a food truck/trailer,the property owner or business owner/occupant shall make application by filling out the event application stating the date,times,and purpose of the special event. The applicant shall also be responsible for having their invited food truck/trailer fill out a City-compliance application. The special event shall meet description in the definition of this ordinance. 3. 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 15t 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. 4. Food truck/trailers for specialevents are exempt from the homestead requirements and from the brick-and-mortar business requirements listed for Annual Food Truck Permit holders. 5. The application shall be submitted to the Chief Building Official at least ten(10)business days prior to the first date the planned special event is scheduled to take place. 6. The permit is valid upon payment of the permit fee and necessary inspection(s). 7. NO Food Truck shall be allowed to operate at any location within the City limits during the week of the Nederland Heritage Festival. SPECIAL EVENT/TEMPORARY PERMIT FEE—$50 SPECIAL EVENT/TEMPORARY PERMIT STANDARDS 1. The application submittal may include,but not limited to the following: a) Completed written application; b) Valid legal identification; 5 c) Proof of liability insurance on the food truck/trailer; d) Site plan (a plan of the food truck location drawn to approximate scale indicating the setbacks and yards,the safe design of pedestrian and vehicle traffic,etc.); e) Proposed signage; f) A Jefferson County Health Department permit is required at the time of application.Any food truck/trailer must adhere to all county health department requirements; g) Copy of the current signed and notarized lease or approval from the property owner for each property is required to be submitted for review prior to utilizing the property from which the food truck/trailer is to be operated; h) State sales tax identification number and the city shall be indicated as the origin of sales; i) A statement as to whether or not the applicant have been convicted of any crime, misdemeanor or violation of any municipal ordinance (the City reserves the right to perform a criminal background check prior to the issuance of a permit);and j) The approval by the Nederland Fire Department and the Chief Building Official. 2. 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 200 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) Shall be located within 100 feet of a restroom available for food truck/trailer staff; e) A food truck/trailer shall not obstruct any entrances to or exits from a structure; f) 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; g) The food truck while in operation as a food truck,may not be moved from the approved food truck location as designated on the site plan; h) The proposed site of the food truck/trailer may not include or be located within any required parking space(s)for a permanent business(es),unless written consentis 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;and i) 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. The only exceptions shall be for City- sponsored events or certain events that include street closures as approved by the City Council,such as the NEDC's fall market event. 3. The following regulations shall apply: a) A food truck/trailer shall move and vacate the premises of the business location on a daily basis;overnight parking is prohibited; b) For purposes of this section, structures that are manufactured for a use other than an approved food truck/trailer may not be used. Examples of acceptable vehicles include, but are not limited to, vehicles equipped with serving windows, menu, and kitchen commercial cooking equipment including a commercial vent hood with fire suppression system installed in the hood, preparation areas, and advertisement display section. Approved structures must adhere to the following: v. No cracked windows; vi. No visible rust or disrepair; vii. No offensive images or language may be on the food truck/trailer or signs; viii. No emission of noxious gases,odors,and/or fumes; c) Shall not operate from a vehicle such as a passenger(pickup)truck,flatbed trailer,mobile home,automobile,or passenger van; d) A food truck/trailer must be able to relocate within four hours of an emergency declaration by the city; 6 e) The food truck/trailer shall be maintained in a clean and sanitary manner and shall not allow the accumulation of stagnant water; f) 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. g) Food preparation must meet the county health department regulations; h) 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; i) 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; j) Must display the Special Event/Temporary Permit in a conspicuous location on the food truck/trailer; k) 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; 4. 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; b) 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; c) 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; d) Food truck/trailer's electrical system and power cords shall be safe and in good working condition; e) Generators shall be located at least ten feet away from buildings,structures,vehicles,or other combustibles; f) Fuels shall be properly stored in approved Underwriter's Laboratory approved containers, away from heat sources; g) Propane tanks shall be secured,stored upright,and be within hydrostatic test date; h) All means of ingress/egress shall be clear and free from hazards and shall be clearly marked to indicate the pedestrian crossings and lanes of vehicle traffic. INSPECTION AUTHORITY The city,the county health department,and/or state agenciesmay inspect at any time to ensure compliance with applicable codes, regulations, and/or requirements. 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: c) Dangerous food truck/trailer placement or other threat to public health, safety and/or welfare;and d) Non-compliance with permit conditions or city Code provisions. The City of Nederland reserves the right to revoke permits if the City deems it is necessary to protect the interests and welfare of the City and City residents. 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. 7 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. SECTION 3. Ordinance No.2019-36 and the amendment to Ordinance No.2019-36 are repealed. SECTION 4. 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 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 on March 1,2024. PASSED AND APPROVED THE 26th day of FEBRUARY,2024. APPROVED: 310-1,t 6a4cw- Don Albanese,Mayor City of Nederland,Texas ATTEST: 0/kol et Joni derwood,City Clerk City of Nederland ‘��„ Nca ,, APPROVED AS TO FORM AND LEGALITY: � J�'"" .43 °:, rjo •, rpZ� / Chris Leavins,City Attorney City of Nederland,Texas 8