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Nacogdoches City Council May 18,2021
Minutes—Regular Session
Nacogdoche
the oldest town in Texas
Regular Session
Nacogdoches City Council
May 18, 2021 — 4:30 p.m.
City Council Room — City Hall
202 East Pilar Street
City Council present in person: Mayor Jimmy Mize, Council Members Roy Boldon, Amelia Fischer,
Jay Anderson and Kathleen Belanger.
1. Called to order at 4:31 p.m.
2. Pledge of Allegiance.
3. WORK SESSION:
A. Receive an update, hold a discussion and give staff direction regarding a list of planning studies
and strategies to assist the City's planning and economic development efforts.
During the December 15, 2020 and January 19, 2021 City Council meetings staff presented a list of
long range studies and strategies to help the City create long-term plans regarding engineering,
planning and economic development. City Manager Mario Canizares stated that based on City
Council's direction staff has been moving forward with advancing these initiatives including conducting
the procurement process for the Downtown Master Plan and the City's Comprehensive Plan.
City Planner Alaina Chafin discussed the scope of each plan, estimated costs, importance of the public
engagement process and Request for Qualification (RFQ) process. Of the RFQ's that were submitted
staff interviewed three finalists for each study.
City Manager Mario Canizares recommended a public meeting on June 8, 2021 to explain the process,
where we are in said process and future actions to the public and receive feedback. Because public
engagement is so important, Mr. Canizares also recommended that City Council appoint a 9-member
task force for each study that would work directly with the consultant and staff. Other recommendations
included the contract award in mid June 2021 and kick-off projects in July or August 2021. Mr.
Canizares reviewed timeline and consultants who submitted RFQ's.
During public comment Nancy Neihaus stated she is glad to see community engagement in the
process. Dr. Mikhail Kouliavtsev, Chairman of Economics and Finance Department at SFASU, was on
the panel that interviewed the consultants. Dr. Kouliavtsev stated the community has not changed
much in the fourteen years he's lived in Nacogdoches. He also stated the City's current plans are dated
and should be updated. Dr. Kouliavtsev assured City Council that the proposals were carefully vetted
and all the firms brought a lot of expertise with them
Mayor Mize discussed the history of downtown and the City of Nacogdoches, and the need to make
downtown viable again.
Council Member Fischer expressed the need for robust community engagement during the process of
creating the Downtown Master Plan and the Comprehensive Plan. Mrs. Fischer stated that once a
consultant was chosen she would like to see details of the community engagement portion of the
process.
Council Member Anderson agreed the updated plans are needed and a crucial first step in having
direction regarding development in Nacogdoches. Mr. Anderson also asked that City Council is given
time between the public meetings and consultant selection to digest the public's comments prior to
making a consultant selection.
Council Member Belanger stated multiple public meetings were needed prior to choosing a consultant
and public input is important in determining the qualifications staff will seek in a consultant. She also
stated that staff should go into the communities for input rather than just expecting citizens to come to
City Hall. Council Member Belanger also asked to see the information submitted by the consultants as
part of the RFQ.
Nacogdoches City Council May 18. 2021
Minutes—Regular Session
Council Member Boldon stated he does not believe this project should move quickly. He also believes
multiple public forums should take place once the consultant is chosen. Council Member Boldon
believes the City needs to close the gap on getting information out to all communities.
City Council recommended two public meetings in late May or early June. A Work Session will be
scheduled for the June 15, 2021 City Council meeting to receive feedback from both public meetings.
Staff will present a consultant contract for approval at a City Council meeting in July, 2021.
4. No one spoke during Open Forum.
5. No items removed from Consent Agenda.
6. CONSENT AGENDA: Items included under Consent Agenda require little or no deliberation
by Council. Approval of Consent Agenda authorizes the City Manager or his designee to
proceed with conclusion of each in accordance with staff recommendations as reflected in
the minutes of this meeting.
A. Minutes from May 4, 2021 regular meeting and May 11, 2021 special meeting.
B. Consider approval of an interlocal agreement between the City of Nacogdoches and Nacogdoches
County related to COVID-19 vaccine administration, outreach and assistance.
C. Consider an ordinance establishing temporary maximum speeds of motor vehicles in certain areas
associated with the TxDOT US 59 Direct Connect Project.
D. Consider approving a gift/donation to the City of Nacogdoches, for the exclusive benefit of the City
of Nacogdoches Animal Shelter, from the Estate of Glenda Herbert Wafters, deceased.
E. Consider a resolution designating an authorized official and signatory for contractual documents
pertaining to a multiple use agreement with Texas Department of Transportation to permit the City
of Nacogdoches to construct, maintain, and operated a public speed and camera trailer within US
Hwy 59 right-of-way.
Council Member Roy Boldon moved approval; motion duly seconded by Council Member Jay Anderson
and carried by unanimous vote.
7. REGULAR AGENDA:
A. Public Hearing — Discuss and consider a request for approval of historic overlay for Lots 29 and
5-B, City Block 35, located at 500 Forbes Street. Historic Overlay#2021-002.
This application was submitted by David W. Peterson, Jr. who is the property owner. Hanna Andersen,
Assistant Community Services Director, stated this residence was constructed in 1899 and qualifies for
historic overlay because it embodies the distinctive characteristics of a type or period of architecture, or
method of construction. Notification letters were sent to surrounding property owners in April 2021 and
the Historic Landmark Preservation Committee recommended approval on May 3, 2021. The request
was heard by the Planning and Zoning Commission on May 10, 2021 with a recommendation to
approve.
Mayor Mize opened the public hearing. No one spoke for or against and the public hearing was closed.
Council Member Kathleen Belanger moved approval; motion duly seconded by Council Member
Amelia Fischer and carried by unanimous vote.
B. Public Hearing — Consider an ordinance amending the boundaries of a zoning district within the
City of Nacogdoches from B-2 General Business to R-1 Single Family for Lot 2, Block 2 of the
Linden Grange Addition, located at 120 Katie Street. This request has been submitted by Linda
Holmes Sisk. Case File ZON2021-03.
This property is located at the intersection of North and Karle Streets in the Linden Grange Addition
which was established as a residential subdivision. City Planner Alaina Chafin stated that when the
City adopted its first zoning map the properties with frontage along North Street were rezoned to B-2
General Commercial. The Linden Grange Addition is primarily zoned R-1 and developed as single
family except two of the lots that front North Street which are owned and maintained by the
homeowners association.
Mrs. Chafin stated that during the building permit review staff realized the property was zoned B-2
General Business and property owner was notified. All work on the property has stopped until the
request was heard by the Planning and Zoning Commission and City Council.
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Nacogdoches City Council May 18,2021
Minutes—Regular Session
Notices were sent to surrounding properties and staff received three responses, two written and one
verbal, in support of the request.
Planning and Zoning Commission heard this request on May 10, 2021 and recommended approval
unanimously.
Mayor Mize opened the Public Hearing. No one spoke for or against and the public hearing was
closed.
Council Member Anderson stated there is a need for processes that will remind our local contractors to
confirm zoning before work begins.
Council Member Belanger noted a grammatical error in body of the staff report. Mrs. Chafin did verify
the agenda item was correct as were all legal advertisements.
Council Member Roy Boldon moved approval; motion duly seconded by Council Member Amelia
Fischer and carried by unanimous vote.
C. Public Hearing: Consider an ordinance amending the boundaries of a zoning district within the
City of Nacogdoches from R-1 Single Family to B-2 General Business for Lot OL 49, City Block 43,
as described in a deed dated July 17, 2020, recorded in Document Number 2020-4460 of the Real
Property Records of Nacogdoches County, located on the south side of West Main Street,
approximately 200 feet west of Bremond Street. This request has been submitted by Brent Ivy of
Ivy Gott Property LLC. Case File ZON2021-04.
City Planner Alaina Chafin stated the property owner is planning for a potential restaurant on the
subject property. The area consists of a mix of land uses and furthers the goals and objectives of the
comprehensive plan by encouraging inward growth.
Notices were mailed to eight property owners in the 200 foot notification area, courtesy notices mailed
to property owners within 500 feet of the subject property and a zoning sign was posted on subject
property. Staff received two responses to the notification letters both in favor of the request.
Planning and Zoning Commission heard this request at their regular meeting on May 10, 2021 and
unanimously recommends approval.
Council Member Amelia Fischer moved approval; motion duly seconded by Council Member Jay
Anderson and carried by unanimous vote.
D. Public Hearing: Consider an ordinance amending the boundaries of a zoning district within the
City of Nacogdoches from R-1 Single Family to B-2 General Business, for approximately 10.9
acres, being Lot 10A, City Block 64, located at 2827 Railroad Street. This request has been
submitted by Warren Sparks. Case File ZON2021-01.
This item was heard on April 20, 2021 where City Council voted unanimously to postpone the public
hearing to May 18, 2021 in order to explore alternatives for the development. The applicant has been
operating a business on subject property for over 10 years and the subject property is zoned R-1 single
family.
The Planning and Zoning Commission heard this item on April 12, 2021 and recommended denial of
the zone request with a vote of 4 to 1.
Warren Sparks, property owner, stated he has been operating his business at this location for eighteen
years. He has spent many years developing the property and maintaining the lake on the property. Mr.
Sparks also stated he'd like to continue operating his business at 2827 Railroad Street and continue to
keep his equipment at the same location.
Alex Thurman, neighbor, stated that Mr. Sparks consistently helps the neighborhood. Mr. Thurman
stated he is in favor of the zone change.
David Connelly who lives at 2620 Railroad Street stated he was the one who filed the complaint against
Mr. Sparks. Mr. Connelly's primary complaint is the noise the trucks make as they drive down the
roads early in the morning.
City Council discussed spot zoning, planned development application, relocating the business, and
alternative access to the business.
Council Member Jay Anderson moved denial; motion duly seconded by Council Member Kathleen
Belanger and carried by unanimous vote.
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Nacogdoches City Council May 18,2021
Minutes—Regular Session
City Council convened into Executive Session at 6:30 p.m.
8. Executive Session:
A. Consultation with City Attorney — Pursuant to Texas Government Code Section 551.074,
deliberation regarding attorney's advice concerning pending or contemplated litigation or a
settlement offer, or on a matter in which the duty of the attorney to the governmental body
under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly
conflicts with this chapter. The subject of this Executive Session relates to Shannon Williams
versus The City of Nacogdoches, Texas, its former police officer Josh Anders, and The
Overlook at Nacogdoches (apartment complex).
9. City Council convened in open session at 7:15 p.m. taking no action.
10. Meeting adjourned at 7:15 p.m.
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Jan V` son, City Secretary