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February 13, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P_m_ February 13, 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: "PURS DANT TO SECTION 30_07, PENAL CODE TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER No CHAPTER 411, GOVERNMENT CODE CHANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2_ INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and the Pledge of Allegiance were led by Chris Duque, City Manager. 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 Neal and seconded by Mayor Pro Tem Albanese to approve the Consent Agenda Items a-d as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire_ Noes: None. a. Minutes — January 23, 2017 regular meeting b. Tax Assessor Collection Report - January 2017 c. Consider action authorizing the closure of various City streets for the Nederland Heritage Festival activities d. Consider action regarding a request from First Baptist Church to utilize Ooornbos Park for their annual Easter Fest. 4_ REGULAR AGENDA a. The Jefferson County Master Gardeners were recognized for their volunteer gardening work on Boston Avenue. The Master Gardeners planted tulip bulbs along Boston Avenue, which were donated by Thompson's Florist, to beautify the street for the Nederland Heritage Festival. Minutes Continued, February 13, 2017 b. Shannon Hemby, Executive Director of the Nederland Heritage Festival, made grant presentations to Nederland Police, Fire, Parks, and Animal Control departments. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to accept donations from the Nederland Heritage Festival Foundation in the total amount of $16,216.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept the Hotel Occupancy Tax fund quarterly report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to accept a grant from the 2017 Wilton and Effie Mae Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the solicitation of bids for water inventory items. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to authorize the submission of the Sanitary Sewer Overflow Agreement Annual Progress Report (year 3) to the Texas Commission on Environmental Quality. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2017-04, establishing hours of operation, procedures, facility rental fees, pool rental/passes, and league fees for the Nederland Recreation and Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve the Final Plat for the Nelson Place, a private subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. i. Chris Duque, City Manager stated there were 2 options presented to City Council regarding the proposed Nederland Avenue Study: Option 1 is a full-scale project addressing the road surface; underground utilities; overhead utilities and light poles; and functional improvement and drainage at a cost of approximately $17 - 18 million that would take up to 30 months to complete. Option 2 is a narrowed- Minutes Continued, February 13, 2017 scope project addressing the road surface and drainage at an approximate cost of $6.33 million taking 4-6 months to complete. Mr. Duque said he felt Council is leaning toward the Option 2 approach and the City would utilize certificates of obligation to fund the project and not place the item on the ballot for a special bond election. Mr. Duque recommended issuing certificates of obligation in the amount of$5.5 million with the General Fund balance covering the remaining costs. He reported the project would be broken into two components - first the drainage improvements would be completed then the road resurfacing work would be done. No action is necessary. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:04 by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Consultation with City Attorney and Chapter 551.087 Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 5:31 by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION: City Manager's Report: a. Miscellaneous - • Chamber of Commerce will be in the morning at the Festival Pavilion • City offices will be closed on Monday, February 20th in observance of President's Day 8. ADJOURN There being no further business a motion was made by Councilmember Austin and seconded by Councilmember Neal to adjourn the meeting at 5:32 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. '4fi1- R. A. Nugent,/ayor City of Nede q=nd, Texas ATTEST: G..y Fergus:n, City Cler$ 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 \f/ Chris Duque City Manager \.7 GayFergusonFer CityClerk v Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief v Gary Collins Fire Chief v Steve Hamilton Director of Public Works V George Wheeler Building Official v Victoria Klehn Librarian \/ Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director V ig '1,Z/I ' -------- R.A. Nugent, M. '.r dA i , i hi li G.17 ergu '•n, City Clerk February 13, 2017 Date ,. SON�. ALLISON NATHAN GETZ -;, 1, - TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR CHIEF DEPUTY • * 41- 41- i of TEXAS STATE OF TEXAS COUNTY OF JEFFERSON I, Allison Nathan Getz, 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 $2,086,272.71, represents all taxes collected for CITY OF NEDERLAND during the month of January 2017. Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 ORDINANCE NO. 2017-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING HOURS OF OPERATION, PROCEDURES, FACILITY RENTAL FEES, POOL RENTAL/PASSES, AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AND THE NEDERLAND SWIMMING POOL AS SHOWN IN EXHIBIT "A"; REPEALING ORDINANCE NO. 2015-05; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Nederland Parks&Recreation Board has reviewed the presented revisions to the parks schedule of fees ordinance and recommends its adoption to the Nederland City Council;and WHEREAS,the City Council of the City of Nederland has been presented with hours of operation, procedures, and a schedule of fees for the Nederland Recreation Center and the swimming pool for its acceptance and adoption;and WHEREAS,the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the hours of operation,procedures,and fee schedule for the Nederland Recreation Center and the swimming pool as shown in Exhibit "A" attached;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The hours of operation,procedures,and fee schedules as shown in Exhibit"A" attached, which is incorporated herein by reference, is hereby approved and adopted; and Section 2. Ordinance No. 2015-05 shall be repealed when this Ordinance becomes effective;and Section 3. This ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 13TH day of FEBRUARY,2017. 1414/4/-1( R.A.Nugent p ayor City of Ned land,Texas ATTEST: Gay Fergu n,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jess- :ranick C yAttorney City .f Ned- land,Texas RECREATION BUILDING FACILITY USE HOURS OF OPERATION Open for Public Use Business hours Private use/After hours Monday—Thursday 10 a.m.—8 p.m. N/A Friday 10 a.m.—5 p.m. 5:00 p.m.— 10 p.m. Saturday 11 a.m.—5 p.m. 5:00 p.m.— 10 p.m. Sunday Closed 11:30 a.m.— 8 p.m. RECREATIONAL FACITILTY USE FEES Any and all fees may be waived at any time by City Council action. RECREATION BUILDING NON-RESIDENT FEES NISD Students (under 19 with valid School ID) No charge D�lv Monthly QuarterlyAnnual Other Non-residents (full building use) $8.00 $30.00 $80.00 $200.00 College Students $5.00 Monthly Quarterly Annual Hoop-N-Spike Club(Gym& Weight Room use only) $20.00 $50.00 $120.00 Racquetball Club(racquetball court only) $20.00 $50.00 $120.00 All patrons,resident and non-resident,must register at front desk to be granted use of facility I.D. Required for entry—no one under the age of 12 will be granted admittance without adult supervision. RECREATION BUILDING RENTAL FEES All activities and applications must be approved by the Parks&Recreation Director before transaction is finalized. The Parks&Recreation Director retains the right to refuse facility rental to any individual or organization for any reason. All after-hour functions must be reserved five business days before desired date. RESIDENT Hourly rates Business hours After hours Deposit Racquetball(per player,max two hours) $2.00 N/A N/A Gymnasium(2-hour minimum)—After hours only N/A $40.00 $100.00 Game room—After-hours ony N/A $40.00 $40.00 Van Gogh(Rooms 111/122) $30.00 $40.00 $20.00 Rembrandt(Room 129) $30.00 $40.00 $20.00 Kitchen $5.00 $5.00 N/A Three rooms N/A $120.00 $160.00 Vermeer(Room 124) N/A N/A N/A Outdoor facilities (permit issued) N/A N/A $100.00 **Functions exceeding 75 up to 100 persons will be charged$1.00 per person over 75 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. NON-RESIDENT Hourly rates Business hours After hours Deposit Racquetball(per player,max.two hours,must be with resident) $5.00 N/A N/A Gymnasium(2-hour minimum)—After hours only N/A $55.00 $100.00 Game room—After hours only N/A $55.00 $40.00 Van Gogh(Rooms 111/122) $40.00 $55.00 $20.00 Rembrandt(Room 129) $40.00 $55.00 $20.00 Kitchen(in conjunction with any room) $10.00 $10.00 N/A Three rooms N/A $165.00 $160.00 Vermeer(Room 124) N/A N/A N/A Outdoor facilities (permit issued) N/A N/A $100.00 **Functions exceeding 75 up to 100 persons will be charged$2.50 per person over 75 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. LEAGUE FEES Softball $325.00/team Includes Affiliation dues&official's fees Basketball-Residents $125.00/team Teams pay officials(referees,scorekeeper) Basketball—Non-Residents $175.00/team Teams pay officials(referees,scorekeeper) Volleyball $50.00/team Teams pay officials(referees,scorekeeper) Random Draw volleyball tournaments $5.00/participant Vendor Fees for City of Nederland Parks&Recreation Special Events Electrical Spaces Non-Electrical Spaces Events lasting 1-5 hours $25 $15 Events lasting 5 or more hours $45 $20 The Director of Parks&Recreation has the right to limit number of spaces available based on the need of each event. The City of Nederland reserves the right to refuse vendors for any event for any reason.No water services or other facilities are guaranteed with any vendor set up or reservation.All vendors must sign a hold harmless agreement to participate. All vendors are responsible for their own permits to participate. Non profits willing to participate may have one non-electrical vendor space at no cost with the Director of Parks&Recreation approval. Code of Conduct • A resident is considered any person that leases, rents or owns property within the city limits of Nederland. Proof of residency is required. This includes a VALID Texas Driver's License or ID card issued by the Texas Department of Public Safety which shows and current address and proof of current address is also required and includes a water bill or utility bill. These items must be dated within the most recent thirty(30)days. Failure to comply will result in non-resident fee payment for services. ALL THOSE WISHING TO USE THE FACILITY MUST PRESENT AN ID • Active members of the United States Armed Forces, with valid military I.D., will be given resident status for facility use and rental fees. • Neither alcoholic nor tobacco products of any kind are allowed in building, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • Only residents are allowed reserve racquetball courts. Non-resident must be with resident to play racquetball, unless a non-resident membership is purchased. Minimum age for racquetball participants without adult supervision is 16-years-old. • No children under the age of 12 will be allowed in the facility without A PARENT OR GUARDIAN PRESENT AT ALL TIMES. Rental Stipulations • Applications—Rental applicants are required to provide all pertinent information relating to function at time of application. Fees for an event must be paid in full(including the deposit)in order fora date to be reserved. • Deposits—A clean-up/damage deposit is required on any room rented for private use. The deposit amount will be combined when renting more than one room. Applicants are required to clean up after use of the facility. • Chaperones—For every seven (7)children under the age of 18 in attendance at any private function, one(1)adult must be designated by the applicant to monitor facility use. Applicants are responsible for the behavior of all guests using the facility. Failure to meet this stipulation will result in forfeiture of deposit. • Approved activities—Only approved activities will be allowed in the facility.The Parks and Recreation Director reserves the right to define what is or is not acceptable.The attendant on duty will provide answers to questions about clean-up, outline building usage, screen other patrons entering building during private functions and grant access to a telephone for emergencies only.The gym is available for athletic/recreational use only. Failure to meet this stipulation will result in forfeiture of deposit. • Time Allotment—For all functions the attendant on duty will conduct building inspections and allow admittance into reserved room(s) 15 minutes before scheduled time of function. Any extra preparation time must be included in rental application and reservation. All clean-up and restoration must be included in allotted time of reservation. Failure to meet this stipulation will result in forfeiture of deposit. • Decorations— No glitter or confetti are allowed as decoration. No thumbtacks or hot-glue may be used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit. • Security—Security shall be defined as an off-duty law-enforcement officer appointed or approved by the Nederland Police Department Assistant Chief of Police,to be on the Recreation Building premises for duration of scheduled function. o All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. o Any function that includes the use of a disc jockey or dance-club-type music is subject to security arrangements. o All functions exceeding 75 people are subject to security arrangements. o Applicants are responsible for security arrangements when relevant, and must be confirmed within 24 hours of application,otherwise the function will be cancelled. • Merchant Fee—Anytime the facility is used for an event that is staged for profit or fund raising, a $200 merchant fee will be charged. This fee is in addition to all regular fees and deposits. o The Director of Parks&Recreation reserves the right to deny use of the facility;such action may be appealed to the City Council. o Food vendors are required to secure permits needed for sale of food items. o City sponsored or co-sponsored events shall not be subject to Merchant Fee. • Non-profit Organizations All Nederland-based non-profit organizations (youth league board, Chamber of Commerce committees, Scout organizations, etc.) may apply for and use the Vermeer meeting room at no charge, but are subject to Recreation Building schedules. • Renter of any facility of the City of Nederland Parks& Recreation Department must be on site at all times, otherwise deposit will be forfeited and the party will be asked to leave the premises. RENTERS MUST PROVIDE ID UPON ARRIVAL. NEDERLAND SWIMMING POOL HOURS OF OPERATION Times Monday Tuesday 'Wednesday 'Thursday 'Friday Saturday Sunday 9:00 AM 9:15 AM Senior Swim:9:00-9:45 9:30AM 9 Closed A5 AM 10:00 AM 10:15 AM 10:30 AM Swim Lessons: 10:45 AM 9:45-11:45 11:00 AM Pool Party: Closed 11:15 AM 10:30-12:00 11:30 AM _ 11:45 AM 12:00 PM 12:15 PM Cleaning:12:00-12:30 12:30 PM 12:45 PM C 1:00 PM 1:15 PM 1:30 PM 1:45 PM 2:00 PM 2:15 PM Open Swim: Open Swim: 2:30 PM 12:30-4:30 12:30-4:30 2:45 PM 3:00 PM O Open Swim: 3:15 PM 1:00-5:30 3:30 PM 3:45 PM w 4:00 PM `J 4:15 PM 4:30 PM 4:45 PM 5:00 PM 5:15 PM Pool Party: Swim Lesson:5:00-6:00 5:30 PM 4:45-6:15 5:45 PM 6:00 PM 6:15 PM Pool Party: 6:30 PM Pool Party: Pool Party: Pool Party: 5:45-7:15 6:45 PM 6:00-7:30 6:00-7:30 6:00-7:30 7:00 PM Family Night Swim: Pool Party: 7:15 PM 6:00-8:30 6:30-8:00 Party Add On: 7:30 PM 7:15-7:45 7:45 PM 8:00 PM 8:15 PM Pool Party: Pool Party: Pool Party: 8:30 PM 7:45-9:15 7:45-9:15 7:45-9:15 8:45 PM Pool Party: 9:00 PM _ 8:15-9:45 9:15 PM Party Add On: Party Add On: Party Add On: 9:30 PM 9:15-9:45 9:15-9:45 9:15-9:45 9:45 PM 10:00 PM POOL FEES CURRENT PROPOSED Non- Non- Resident Resident Resident Resident PRIVATE POOL PARTY 1-30 swimmers $ 150 $ 200 $ 150 $ 200 31-50 swimmers $ 175 $ 225 $ 175 $ 225 51-75 swimmers $ 200 $ 250 $ 200 $ 250 76-125* swimmers - - $ 225 $ 275 *125 is capacity PARTY ADD ON+ 1-50 swimmers - - $ 35 $ 45 51-125 swimmers - - $ 45 $ 60 +For last party of the day only OPEN SWIM 49 inches and up $ 4.00 $ 8.00 $ 4.00 $ 10.00 41-48 inches with adult admin $ 2.00 $ 5.00 $ 2.00 $ 7.00 Under 41 inches with adult admin Free Free Free $ 3.00 Senior Citizen (over age of 55) - $ 3.00 - $ 3.00 Adult with Military ID - $ 1.00 - $ 1.00 SWIM LESSON Swim Lesson Group $ 60 $ 70 $ 60 $ 70 Swim Lesson Private 4 days $ 75 $ 85 $ 75 $ 85 Swim Lesson Private 8 days $ 130 $ 150 $ 130 $ 150 Season Swim Passes Single(resident): $80 Single(non-resident): $120 Family of 4(resident): $160 add$10 per additional members up to seven total Family of 4(non-resident): $200 add$10 per additional members up to seven total Replacement Pass $10 A total of 100 family passes and 50 individual passes will be available for purchase each season. Notes: Open Swim: o During the daily Open Swim,the fee for admission for residents and non-residents is half the normal price for the final hour of open swim(3:30-4:30pm Tuesday-Saturday,4:30-5:30pm on Sunday. Single pass o Only valid for swimmers over the age of 10. o Parent consent and emergency contact information required at application. o No admission/attendance requirements. Family passes o All children under age of 10 require parent/guardian/adult supervision at all times, no exceptions. o Non-relative adults(baby-sitters,neighbors,etc) may be listed on application. o Additional members may be added up to seven (7)family members Swimming Pool Code of Conduct: • The normal swim season is from Memorial Day to Labor Day. • Rental applicants are required to provide all pertinent information relating to function at time of application. The deposit amount must be submitted with application before any party slot is reserved. All reservations must be made in person, no dates will be held without application and deposit. • Rental applicants are responsible for the behavior of all guests using the facility. • Renter of any facility of the City of Nederland Parks& Recreation Department must be on site at all times,otherwise deposit will be forfeited and the party will be asked to leave the premises. RENTERS WILL BE ASKED TO PROVIDE ID UPON ARRIVAL. • No private parties are allowed during public swim hours. • Neither alcoholic nor tobacco products of any kind are allowed on premises, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • No glass containers of any sort, kind or variety allowed; no exceptions. • Public swim patrons are allowed to bring ONE hydrating-style beverages—such as bottled water, tap water in exercise-style personal drinking bottle, sports drinks, etc.—all of which are subject to pool management and staff inspection. • No outside food allowed, except for Family Night and private rental events. No cooking or open flame allowed on pool grounds or within 50 feet of facility entrances. A COOLER FEE OF$10 MAY BE ASSESSED PER DAY FOR PATRONS WISHING TO BRING IN OUTSIDE FOOD OR DRINK. COOLERS WILL BE SUBJECT TO STAFF INSPECTION. • No Re-Entry—once a patron leaves the pool,they must pay another admission fee to re-enter. • One parent,grandparent,or guardian per family regardless whether a resident or non-resident may enter the facility free of charge to supervise their minor child(ren)if the parent, grandparent,or guardian shall not swim for any children ages six and older.Children five and younger must be accompanied by an adult in the water. If the parent,grandparent,or guardian who entered the facility free of charge leaves the facility,then they shall not be allowed re-entry without payment.