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June 10, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P.m. Jurie 10, 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. 12z. 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 HANDGIJN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAWS, 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 Austin and seconded by Councilmember Horner to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - May 20, 2019 regular meeting b. Consider action regarding a request from Nederland Independent School District to utilize the Nederland Swimming Pool for the summer recreation program. 4. REGULAR AGENDA a. Recognition of retiree: Paul Gallier, Firefighter. The meeting was recessed at 4:35 p.m. until 4:40 p.m. in order to congratulate Mr. Gallier_ b. The regular meeting was recessed and a public hearing was called to order at 4:41 p.m. by Mayor Albanese for the purpose of receiving comments regarding the request for a Specific Use Permit for the property located at 1815 Nederland Avenue for a expansion to the existing non-conforming automobile repair shop located in a C-2 (Neighborhood Retail) zoning district. Chris Duque, City Manager, stated the public hearing was being held to receive comments regarding a request for a Specific Use Permit for property located at Minutes Continued, June 10, 2019 1815 Nederland Avenue. The existing use is for an automobile repair shop and they are proposing building two (2) additional vehicle lifts . George Wheeler, Building Official, reported three (3) businesses responded to the property owner letters and only one had an issue with the proposed project; however, it has since been worked out. The Planning & Zoning Commission will meet on June 18th and it will come back before City Council on June 24th. No action was necessary. There being no further questions and/or comments, the public hearing was adjourned and the regular meeting was reconvened at 4:48 p.m. by Mayor Albanese. c. The regular meeting was recessed and a public hearing was called to order at 4:49 p.m. by Mayor Albanese for the purpose of receiving comments regarding the rehabilitation or condemnation and demolition of an abandoned and/or dilapidated structure at the following address: 523 N. 10th Street, Lot 18, Block 1 of Burson Addition. Chris Duque, City Manager, said the public hearing was being held to receive comments regarding a substantial structure located at 523 N. 10th Street. Notice of the public hearing was published and the property owner was sent notice. As per Ordinance No. 2001-07 this property is eligible for demolition since the cost of the repairs exceeds 50% of the appraised value. Robin Sawyer spoke in favor of the demolition of the property located at 523 N. 10th Street. She says the owner, who is disabled, took a Small Business Loan after Tropical Storm Harvey and never repaired the home. She lives next door and says the property is hazardous. George Wheeler, Building Official, recommended giving the property owner 45 days to demolish the structure or within the same 45 days the property owner (or any lienholder or mortgage company) must submit a copy of the written appeal to the appropriate Court of Record. There being no further questions and/or comments the public hearing was adjourned and the regular meeting was reconvened at 4:58 p.m. by Mayor Albanese. d. A motion was made by Councilmember Hollier and seconded by Councilmember Root to order the owner of the vacant structure at, 523 N. 10th Street, to demolish the structure within 45 days or within the same 45 days the property owners or any lien or mortgage holder must submit a copy of the written appeal to the appropriate Court of Record. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root to approve the re-plat request of Jose Becerra, owner of the property located at 2904 Avenue H, described as Tract 1-A, Block 3, Hillcrest 2nd Addition. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, June 10, 2019 f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Neal to approve the re-plat request of Sharon Severson, owner of the property described as Lot 0-A, Block 4, Hillcrest 1st Addition. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tern Neal to approve the preliminary plat of the Nederland Pointe Subdivision described as part of Lots 3 and 4, Block 18H, Port Arthur Land Company. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to amend Ordinance No. 2013-08 in response to House Bill 852. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. i. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Hollier to approve the by-laws of the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. j. A motion was made by Councilmember Austin and seconded by Councilmember Root to authorize the acceptance of a Hazard Mitigation Grant Program from the Texas Division of Emergency Management. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. k. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tern Neal approving an Advisory Services Managed Accounts Services Agreement with ICMA-RC. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. I. A motion was made by Councilmember Austin and seconded by Councilmember Hollier to approve a Master Agreement, Engagement Letter and Business Associate Agreement with Gabriel, Roeder, Smith & Company (OPEB Valuation and GASB 75 Valuation Reports for fiscal years ending 2019 and 2020). MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. m. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Neal to appoint Wathen, DeShong & Junker, L.L.P. to perform the city's audit for the fiscal year 2018-2019. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. n. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Hollier to approve an Interlocal Agreement between the City of Nederland and the Minutes Continued, June 10, 2019 South East Texas Regional Planning Commission related to the Planning, Development, Operation, and Provision of 9-1-1 service and the use of 9-1-1 funds. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:29 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss Personnel Appointments: City Clerk, Director of Finance, Police Chief, City Attorney, and City Judge. 6. RECONVENE The regular meeting was reconvened at 5:48 p.m. by Mayor Albanese. 7. APPOINTMENTS A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Neal to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden, Director of Finance; Gary Porter, Police Chief; Jesse Branick, City Attorney and Larry Dowden, City Judge. Mr. Branick will receive a pay increase to $4,550 a month beginning July 1, 2019 and Judge Dowden will receive a pay increase to $1,966.50 a month beginning July 1, 2019. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 8. COMMUNICATION a. Miscellaneous: • Chamber Coffee is in the morning at 8:00 a.m. at JK Chevrolet • Construction schedules are being prepared for the asphalt street project, the concrete street project, the Library roof project, and the wastewater improvements main line rehabilitation project. 9. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Mayor Pro Tern Neal to adjourn the meeting at 5:54 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. "Don Albanese, Mayor City of Nederland, Texas 9 'Cntinued1 _lune 10, 2019 ''c ay'Fet u•r,n, City Clerk 0 City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V Talmadge Austin Council Member-Ward I V Billy Neal Council Member-Ward II \/ Emmett Hollier Council Member-Ward III v Sylvia Root Council Member-Ward IV v Chris Duque City Manager v Gay Ferguson City Clerk V Jesse Branick City Attorney / Cheryl Dowden Director of Finance v Gary Porter Police Chief v Terry Morton 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 v D aluvi„ Don Albanese, Mayor Cl` ay erg on, Ceity CI k June 10, 2019 Date AMENDMENT TO ORDINANCE NO. 2013-08 AN AMENDMENT TO ORDINANCE NO. 2013-08 OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT ADOPTED THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING AND GOVERNING THE CONDITIONS, MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES THEREFORE; REPEALING ARTICLES 1 IN GENERAL AND ARTICLE 2 BUILDINGS, IN CHAPTER 18° • OF THE' CITY OF NEDERLAND CODE OF ORDINANCES. WHEREAS,the Nederland City Council on May 20, 2013 approved Ordinance No. 2013- 08,which adopted the 2012 edition of the International Building Code;and WHEREAS, House Bill 852 stipulates that when determining the amount of a building permit or inspection fee in connection with the construction or improvement of a residential dwelling, a city may not consider the value of the dwelling nor the cost of constructing or improving the dwelling and that a city not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling as a condition of obtaining a building permit except as required by FEMA. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. Ordinance No.2013-08 is hereby revised with the following revisions: A. Section 105.1 Permits required.is amended as follows: Section 105.1 Permits required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace and electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause and such work to be done, shall first make application to the Inspection Department and obtain the required permit. RESIDENTIAL BUILDING PERMIT FEES: • New residential single-family, two-family (duplex), and town home construction: issuance fee$30.00 plus$0.54/square foot in the living area; • Additions: issuance fee $30.00 plus $0.54/square foot in the living area; • Manufactured homes: flat fee of$100.00; • Garage attached or detached, shops, cabanas, sun rooms and storage buildings (over 400 square feet): issuance fee $30.00 plus $0.26/square foot; • Remodels/Renovation: issuance fee of$30.00 plus$0.08/square foot of each room or rooms involving the work of completely demolishing the interior veneer and exposing the framing to install any one of the numbered items below: 1) Installing new interior veneer, 2) Replacing or adding windows, 3) Replacing or adding a fireplace, 4) For build-outs involving work of adding walls, stairways for creating new rooms to be used as living areas under the existing roof and within the existing conditioned space or non-conditioned space (ex. garage or attic area) with or without exposing the framing, and 5) Completely removing and replacing kitchen cabinets or countertop space. • For adding or replacing windows, fireplace without the remodel demolition: issuance fee $30.00 plus $2.00 per window; • Permits for replacing an asphalt or metal residential roof: issuance fee of$30.00 plus $2.00 per roofing square; • Foundation repair (concrete or pier and beam foundations): flat fee of$20.00 • Attached or detached carports, patio covers, porches: issuance fee of$30.00 plus $0.08/square foot; • Portable storage buildings(120 square feet to 400 square feet), gazebos, decks, driveways, above ground swimming pools, fences: flat fee of$30.00; • Building moving, Building demolition: flat fee of$50.00; • Inground swimming pools and spas: issuance fee of $30.00 plus $0.02/gallon of the swimming pool and/or spa • Inspection and permit issuance fee $30.00 *The Building Official reserves the right to determine whether an inspection should be required for work not fully described above and in doing so,the permit fee shall include the permit issuance and inspection fee of$30.00 plus $10.00 for each additional inspection as required. Electrical permit: per electrical application Plumbing permit: per plumbing application HVAC permit: per application B. Section 109.2 Schedule of permit fees.is amended as follows: Section 109.2 Schedule of non-residential building permit fees. On buildings, structures, additions, remodels, alterations and any other item required to obtain a building permit, a fee for each permit shall be paid in accordance with the following schedule: Permit issuance fee $20.00 Inspection $10.00 Total Valuation Fee Up to$999.99 $10.00 dollars for any amount up to$999.99 $1,000.00 to$49,999.99 $15.75 for the first $1,000.00 plus $5.25 for each additional thousand or fraction thereof,to and including$49,999.99 • $50,000.00 to$99,999.99 $273.00 for the first$50,000.00 plus$4.20 for each additional thousand or fraction thereof, to and including$99,999.99 $100,000.00 to$499,999.99 $483.00 for the first$100,000.00 plus$3.15 for each additional thousand or fraction thereof,to and including$499,999.99 $500,000.00 and up $1,743.00 for the first$500,000.00 plus $2.10 for each additional thousand or fraction thereof. Permit issuance and Inspection fee: Unless a permit is required through other sections of Chapter 18, a separate fee designated as a permit issuance fee shall be added to every permit issued. If a permit only requires an inspection or Certificate of Occupancy inspection, the inspection fee is added to the permit issuance fee. Plan check fees: When the valuation of the proposed construction exceeds one hundred thousand dollars ($100,000.00) and a plan is required to be submitted, a plan check fee shall be paid to the City in addition to the building permit fee. Said plan checking fee shall be equal to one-half(1/2) of the building permit fee. C. Section 109.3 Building permit valuation.is amended as follows: Section 109.3 Building permit valuation. The permit valuation shall be calculated by the Square Foot Construction Cost for each group shown in the following chart: GROUP TYPE I li Ill IV V A-1 Assembly,theaters,with stage 191.00 179.00 163.00 173.00 148.00 A-1 Assembly,theaters,without stage 173.00 160.00 145.00 154.00 129.00 A-2 Assembly,nightclubs 147.00 137.00 126.00 132.00 113.00 A-2 Assembly,restaurants,bars,banquet halls 146.00 136.00 125.00 131.00 112.00 A-3 Assembly,churches 176.00 163.00 148.00 158.00 132.00 A-3 Assembly,general,community halls, libraries,museums 147.00 135.00 120.00 129.00 104.00 A-4 Assembly,arenas 172.00 159.00 144.00 153.00 128.00 B Business 147.00 136.00 119.00 131.00 104.00 E Educational 162.00 150.00 134.00 145.00 119.00 F-1 Factory and industrial,moderate hazard 88.00 80.00 69.00 77.00 56.00 F-2 Factory and industrial,low hazard 87.00 79.00 68.00 76.00 55.00 H-1 High Hazard,explosives 82.00 75.00 63.00 71.00 N.P. H234 High Hazard 82.00 75.00 63.00 71.00 50.00 H-5 HPM 147.00 136.00 119.00 131.00 104.00 I-1 Institutional,supervised environment 148.00 138.00 125.00 139.00 112.00 1-2 Institutional,hospitals 252.00 241.00 N.P. 235.00 N.P. 1-2 Institutional,nursing homes 174.00 163.00 N.P. 158.00 N.P. 1-3 Institutional,restrained 170.00 159.00 142.00 153.00 126.00 1-4 Institutional,day care facilities 148.00 138.00 125.00 139.00 112.00 M Mercantile 108.00 98.00 87.00 94.00 75.00 R-1 Residential,hotels 150.00 140.00 127.00 141.00 114.00 R-2 Residential,multiple family 125.00 115.00 102.00 116.00 89.00 149.00 11300 106.00 111:00 96:00 448:00 138700 126:00 139.00 1122.00 S-1 Storage,moderate hazard 81.00 74.00 62.00 70.00 49.00 S-2 Storage,low hazard 80.00 73.00 61.00 69.00 48.00 6300 66.00 46.00 6240 37.00 . .: :. . -: - - - - to - . SECTION 3. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act,Texas Government Code,Chapter 551. SECTION 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a regular meeting this the 10TH day of JUNE,2019. p0unu 1111111, • on Albanese, Mayor =r)•rV .� City of Nederland, Texas ciciV ,!S A �i�►,,�_.lig ay Fe'uson, Ci erk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse :ranic ity Attorney City if Ned nd, Texas