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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. l% Zo- Gam" •�9��„�s✓ = Q. }V� Don Ana-nese, Mayor 'v '� a��' City of Nederland, Texas Idi 1, A 4 _ l . All ay Fergu n, City Clerk $ 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 cssi4 0,12-LAL.Q...---- on Albanese, Mayor IA.' . , 11 4/ Ad , A_// 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. R-1 R.-2 R-3; R-4 C-1 C-2 0-3 1-1 1-2 1-3 ui m 7,3 -ci- PERMITTED PARKING E E 5 e NAILS• o E v u- PRIMARY USES Group E., o" o v rn ` u` o ..� "C C E iu w'. a c E. �u .cm .c � to Food Trucks PPPPPP 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 1 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; 2 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; 3 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: ,\c):LAND i PI* )•("2-11/11 u_u-.,-:= 4f);•er, gegei 51_4 (2 ____ '...r.:7".'• Ian i Don Albanese,Mayor (6%."7r!.".., Off, City of Nederland,Texas ','/,, CON ,,,` AT1 ESfi \ I .lt ...- /4 Ai.. ..1.1 1 Gay Ferg ron,City Clerk City of Nederland APPROVED AS TO FORM AND LEGALITY: 2 /QI� Jes. is Attorney Ci O Nederland,Texas 5 1