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Nacogdoches City Council November 16,2021
Minutes—Regular Session
Nacogdoches
the oldest town in leers
Regular Session
Nacogdoches City Council
November 16, 2021 —4 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 p.m.
2. Pledge of Allegiance.
3. WORK SESSION:
A. Discuss and consider development of redistricting plans for the City Council wards.
The City contracted with Bickerstaff Heath Delgado Acosta LLP to provide redistricting services. Phillip
Arnold, attorney with Bickerstaff Heath Delgado Acosta LLP, was present to discuss the initial
assessment. He discussed population of each ward, ideal size of each ward and deviation
percentages. Mr. Arnold presented two draft plans to redraw the wards creating balance in all four
wards. The Southeast and Southwest Wards will see the most change.
City Council discussed proposed ward changes.
City Council recessed at 4:52 p.m. and returned at 5:30 p.m.
4. Anne Keehnan (609 East Hospital Street) spoke during Open Forum about climate change. Ms.
Keehnan requested that City Council consider the effects of climate change when making decisions.
She also suggested City Council appoint a Mayor's Committee on Sustainability to review these
types of issues.
5. Council Member Fischer requested that Consent Agenda Item 6.D be pulled for discussion. Mayor
Mize requested that Consent Agenda Item 6.F be pulled for discussion.
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 November 2, 2021 regular meeting.
B. Quarterly Investment Report for quarter ended September 30, 2021.
C. Consider confirmation of hiring Bonita Hall as the Human Resource Director.
D. Consider tax resale authorization for Lot 18-2, Block 43 outlet, in the City of Nacogdoches, as
described in warranty deed, Record Volume 104, Page 547, on instrument filed May 14, 1927,
in Nacogdoches County, Texas under Parcel Number 23669. (17-043-1018-020000).
E. Consider approval o City of Nacogdoches Boards/Commissions Handbook amendment.
F. Consider purchase of six (6)fleet vehicles.
G. Consider approval of an interlocal agreement between the City of Nacogdoches, the County of
Nacogdoches and Stephen F. Austin State University to allow SFA's University Police
Department to share servers and data.
Council Member Jay Anderson moved approval of Consent Agenda Items 6A, 6B, 6C, 6E and 6G;
motion duly seconded by Council Member Roy Boldon and carried by unanimous vote.
Item 6.D - City Attorney Steve Kirkland spoke regarding Consent Agenda Item 6D which was pulled by
Council Member Amelia Fischer. Mr. Kirkland stated the bid for Lot 18-2, Block 43 outlet was a very low
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Nacogdoches City Council November 16,2021
Minutes—Regular Session
bid at $900. This property is appraised at $8,000 and the past due taxes are $11,000. He stated that
staff needs more time to fully vet this tax resale therefore asked City Council to defer consideration.
Mayor Mize tabled Item 6.D.
Item 6.F — Mayor Mize asked staff about what is being done to involving local dealerships when
purchasing City fleet vehicles. Finance Director Pam Curbow stated that staff has been working with
the fleet manager at Tipton Ford on a process to purchase locally. Due to budget and time constraints
the City will need to purchase six vehicles through state contract now and a bid process will follow
where local vendors can submit bids for the additional vehicles.
Council Member Kathleen Belanger moved approval of Consent Agenda Items 6.F; motion duly
seconded by Council Member Jay Anderson and carried by unanimous vote.
7. REGULAR AGENDA:
A. Consider a resolution casting votes for the Nacogdoches Central Appraisal District Board of
Directors.
City Manager Mario Canizares discussed the process for casting votes for the City's representative on
the Board of Directors. Council Member Jay Anderson was nominated at a previous City Council
meeting to be the City of Nacogdoches representative for a two-year term beginning January 1, 2022.
Council Member Roy Boldon moved approval to cast all 750 votes for Jay Anderson; motion duly
seconded by Council Member Amelia Fischer and carried by unanimous vote.
B. Public Hearing: Consider a resolution directing City staff to file an application under Code of
Ordinance 118-137(c)(1) to amend the boundaries of a zoning district within the City of
Nacogdoches from R-4 Multi-Family to R-2 Single Family, for Lot 12 City Block 41 located at
1102 Logansport Street which was previously considered by the City Council at the request of
R.J. Bohac, on August 18, 2020. (AT THE OCTOBER 12, 2021 MEETING THIS ITEM
DELAYED TO THE NOVEMBER 16, 2021 MEETING).
Mayor Mize opened the Public Hearing.
Council Member Kathleen Belanger stated she requested this public hearing to represent the residents
of Logansport Street, her constituents and other citizens who were opposed to the rezoning of 1102
Logansport Street. Council Member Belanger discussed the timeline and summary of the original
rezoning from R-2 Single Family to R-4 Multi-Family, conflict of interest, preferential treatment,
comprehensive plan, staff report, adverse impact and spot zoning. Council Member Belanger is
requesting City Council to restore the zoning of this property back to R-2.
R.J. Bohac, property owner, stated he offered compromise which included Planned Development and
R-3 but was met with opposition each time. He discussed why R-4 rezoning was originally requested,
what he plans to build on the property and who might rent the units. He stated he is not willing to go
through the rezoning process again.
City Council discussed possibility of going through the rezoning process again and what structures
would be built on the property.
Betty Shinn spoke during public comment stating she is concerned the City is going against the
comprehensive plan and that Logansport Street should remain R-2.
Pat Castella, who lives at 1009 Logansport Street, spoke in favor of rezoning the property back to R-2.
She also spoke about Planning and Zoning Commission processes which she believes were done
incorrectly during the initial rezoning. Ms. Castella stated the residents of Logansport will not
compromise on this matter.
Diana Walker stated she worked on the current comprehensive plan and the two previous
comprehensive plans. She believes Logansport Street should remain residential and historic
neighborhoods should be kept intact.
Ron Johnson stated he lives within the 200 foot notice area of this property. Mr. Johnson discussed
preliminary plans for the property and increased traffic. He stated that the charm of the street would be
affected.
Sammy Smith stated he is appalled at the process taken to rezone this property to R-4 and that based
on the presentation Council Member Belanger gave there could be civil action brought against the City.
He suggested the City pay Mr. Bohac for the property and make it part of Pecan Park.
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Nacogdoches City Council November 16,2021
Minutes—Regular Session
Zeke Martinez lives on the corner of King and Logansport Streets, and spoke in favor of changing the
zoning back to R-2. Mr. Martinez discussed traffic and safety issues.
Nancy Collins discussed City Council voting to rezone the property back to R-2.
Varon McLemore spoke stated the property should remain R-4 allowing Mr. Bohac to build what he
intended on the property.
George Barham is concerned that rezoning properties like this would happen to others. He stated a
decision was made and it should be honored. He also discussed City Council Members who currently
on Logansport Street.
David Connelly suggested that Mr. Bohac could divide the property and create two or three R-1 or R-2
homes.
Ron Collins stated changing this rezoning will set a terrible precedence and asked City Council to stand
firm in their original decision.
Philip Blackburn stated he offered to buy the property at 1102 Logansport Street but was giving an
unfair price by the owner. He also stated the process to rezone the property was not done correctly
and if City Council allows the rezoning to stand it would be a disgrace.
Maggie Forbes stated the property should be rezoned back to R-2.
Susie Lower stated that people come to Nacogdoches for the history. She believes the Planning and
Zoning Commission should make sure they do their job carefully and judiciously. She also stated the
zoning should be corrected back to R-2.
Council Member Kathleen Belanger moved approval; motion duly seconded by Council Member Amelia
Fischer.
City Council discussed deficiencies in Planning and Zoning processes, R-3 versus R-4 zoning, zoning
of other lots on Logansport Street, legality of the original rezoning to R-4 and compromise between
landowners.
Motion failed by the following vote:
Ayes — Council Members Belanger and Fischer
Nays— Mayor Mize, Council Members Boldon and Anderson
Mayor Mize closed the Public Hearing.
C. Public Hearing: Consider an ordinance establishing a PD, Planned Development District and
approving a Concept Plan for Lots 1, 1-A & 1-B, City Block 64, located at 2827 Railroad Street.
This request has been submitted by Warren Sparks. Case File PD2021-04.
Mayor Mize opened the Public Hearing.
City Planner Alaina Helton discussed the request for a Planned Development District and the
associated concept plan for approximately 27 acres submitted by Warren Sparks. This property is
currently zones R-1 Single Family and R-3 Two Family, and has been used as a single family residence
and a contractor's yard for over ten years.
Ms. Helton stated the proposed land uses will be limited to the existing single family residence, existing
workshop and office, and contractor yard. Ms. Helton stated no new commercial buildings or
expansions will be allowed, equipment and materials will be relocated to the north side of the existing
shop, the outdoor storage area will be screened, there will be a limit on equipment and materials stored
on the property, and the property owner will assist with maintenance of Railroad Street. The applicant is
proposing that the development will be phased out over a ten year period.
Planning and Zoning Commission recommended approval of the Planned Development District and
Concept Plan at their meeting on November 8, 2021 with the following added conditions: 1) As part of
the shared maintenance agreement of Railroad Street, the applicant will repair the hump (or raised
mass) located in the right of way immediately in front of the residence located at 2620 Railroad Street.
2) A 6-foot mesh screening fence will be installed along the southern boundary of the property to block
the views of commercial activity from the existing residents located on the south side of Railroad Street.
Additional staff recommendations include that the Planned Development expire on January 1, 2032 and
upon expiration the zoning of the property will revert back to R-1 Single Family and R-3 Two Family
zoning.
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Nacogdoches City Council November 16,2021
Minutes—Regular Session
Warren Sparks, property owner, discussed improvements he has made on the property and he spoke
in favor of the ten year phase out.
David Connelly, who lives on Railroad Street, discussed excessive noise made by the trucks operated
by Mr. Sparks' business.
Council Member Amelia Fischer moved approval of the ordinance establishing a PD, Planned
Development District and approving a Concept Plan for Lots 1, 1-A & 1-B, City Block 64, located at
2827 Railroad Street including the Planning and Zoning Commission conditions and City staff
recommendations; motion duly seconded by Council Member Roy Boldon.
City Council discussions included reducing the number of years for phase out, owner leasing another
property for his business and consequences of violating the Planned Development.
Council Member Kathleen Belanger made a motion to amend the original motion to limit the phase out
from ten years to seven years; motion duly seconded by Mayor Jimmy Mize.
Motion passes by the following vote:
Ayes— Mayor Mize and Council Members Belanger and Anderson
Nays— Council Members Fischer and Boldon
Council Member Fischer made a motion to amend the phase out term to ten years; motion duly
seconded by Council Member Kathleen Belanger and carried by unanimous vote.
Mayor Mize closed the Public Hearing.
8. No Executive Session was held.
9. Adjourned 8:40 p.m. \`,,,u++++++rr,�,��
-Qi 9 y Mayor Jimmy Mi e
(„ irnE City Council
ATTES � 1 ' = City of Nacogdoches
Jan Vi on, City Secretary