city commission agenda 5/19/09

8/14/2019 City Commission Agenda 5/19/09

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ITEM NO. 3

CITY OF NACOGDOCHESAGENDA INFORMATION SHEET:

PROJECT: Administer Oath of Office to City Commissioners representing the NorthwestWard, Northeast Ward and At Large (Mayor) positions.

MEETING DATE: May 19, 2009

DESCRIPTION: The City Attorney will administer the Oath of Office to Mayor Van Horn,Commissioner Don Partin and Commissioner Shelley Brophy.


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ITEM NO. 4-A


PROJECT: PRESENTATIONS AND RECOGNITION: Recognize Gary Henry for hisretirement after 34 years with the City of Nacogdoches


ATTACHMENTS: None

Presentation will be madeAt Tuesday's meeting


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ITEM NO. 4-B


PROJECT: PRESENTATIONS AND RECOGNITION: Consider proclamation designatingMay as Preservation Month


DESCRIPTION: May 2009 is National Preservation Month. The Main Street Program is co-Sponsoring the event this year with the National Trust for Historic Preservation.

CITY CONTACT: Sarah OBrien936-559-2501

[email protected]

ATTACHMENTS: Proclamation
mailto:[email protected]:[email protected]:[email protected]


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ITEM NO. 6-A


PROJECT: CONSENT AGENDA: Consider approval of minutes from regular session of May5, 2009 and special session of May 12, 2009.


CITY CONTACT: Lila Fuller, City Secretary - 559-2504

ATTACHMENTS: Minutes


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Nacogdoches City Commission May 5, 2009Minutes Regular Session

DRAFTMINUTES

Regular SessionNacogdoches City Commission

May 5, 2009 5:30 p.m.City Commission Room City Hall

202 E. Pilar Street

Regular Session:

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Those Present:

Mayor Roger Van Horn, Commissioners Randy Johnson, Billy Huddleston, Jr. and DonPartin; City Manager Jim Jeffers, City Secretary Lila Fuller and City Attorney RobAtherton.

1. Call to Order.

Mayor Van Horn at 5:30 p.m. A quorum was established. Commissioner Sanders wasabsent.

2. Invocation.

Mayor Van Horn gave the invocation.

3. Presentations and Recognitions:

None.

4. Items to be removed from the Consent Agenda.

None.

5. CONSENT AGENDA: Items included under the Consent Agenda require littleor no deliberation by the Commission. Approval of the Consent Agendaauthorizes the City Manager or his designee to proceed with conclusion ofeach in accordance with staff recommendations as reflected in the minutes ofthis meeting.


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Commissioner Johnson moved to approve the request for a Specific Use Permit for the

placement of an oil or natural gas well site on Lots 91-V and 91-R, City Block 42 locatedat 1414 Douglass Highway as requested. The motion was seconded by CommissionerPartin and unanimously passed.

7. PUBLIC HEARING: consider the request for a zoning change from M, Medicaland B-1 Local Business District to R-4, Multi-Family Residential located at 702and 706 East Starr Street. This request has been made by Jameson Properties.ZON 2009-01.

The public hearing was opened by Mayor Van Horn.

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Louellen Fain 1315 Garner Street appeared and inquired about sewer issues andelectrical issues and requested consideration of these issues by the city commission.Ms. Fain stated Garner Street was a very narrow street with no parking on one side ofthe street and was concerned about the traffic flow from the complex onto Garner Street.

Larissa Philpot, city planner explained that the applicant owns the two apartmentcomplexes to the east of the subject property. The applicant has requested this zoningchange to construct a new multi-family apartment complex.

The surrounding properties are zoned R-4, Multi-Family Residential and are developedas single-family homes, and duplexes and apartments converted from single-family

homes. She further stated the Comprehensive Plans Land Use Schedule recommendssingle-family development for the property. She stated several nearby residentsappeared at the Planning and Zoning Commission meeting and spoke in opposition tothe request, citing concerns about additional traffic issues and sewer capacity for theproperty. The Planning and Zoning Commission recommended approval of the request,but the vote was not unanimous. City Planner Philpot passed out preliminary plansprovided by the developers for informational purposes.

Guy Moskowitz and Shannon Solly representing Jameson Properties appeared andexplained their plans to develop a 45-unit apartment complex targeted to collegestudents.

Commissioner Partin asked Ms. Fain if Garner Street was designated as no parking,would that resolve the traffic concerns, to which Ms. Fain stated it could be aconsideration.

Ms. Philpot stated that issues could be considered during the development of theproperty, but could not be considered as part of the zone change.


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8. PUBLIC HEARING: Consider an ordinance amending Chapter 118 Zoning,

Article Article III and I In General, Section 118-1 Definitions. DistrictRegulations, Section 118-273 Land Use Schedule of the Code of Ordinancesto allow for the development of microbrewery facilities.

The public hearing was opened by Mayor Van Horn.

Larissa Philpot, city planner stated the request was to define microbrewery facilities anddefine what zones they could be allowed in. Ms. Philpot stated the definition ofmicrobrewery was a facility that produced not more than 15,000 barrels per year. Shestated the facilities could only distribute their product on a wholesale basis either onlineor in permitted package, convenience and grocery stores. She stated the proposedchange was based on Texas Alcoholic Beverage Code definitions, as well as definitionsutilized by other cities in Texas. Ms. Philpot further stated the zone change would allowmicrobrewery facilities in Industrial zoned areas or by specific use permit in generalbusiness districts.

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Ralph Gruebel appeared in favor of the ordinance and stated he had witnessed

microbreweries in other areas and were an asset to the communities.

There being no one else desiring to speak, Mayor Van Horn closed the public hearing.

Commissioner Partin moved to approve the ordinance amending Chapter 118 Zoning,Article Article III and I In General, Section 118-1 Definitions. District Regulations,Section 118-273 Land Use Schedule of the Code of Ordinance to allow for thedevelopment of microbrewery facilities. The motion was seconded by CommissionerJohnson and unanimously passed. (Ordinance No. 1516-5-09)

Commissioner Partin left the meeting at 6:07 p.m.

9. Consider significance of 720 Bois d Arc to the Zion Hill Historic District.

Brian Bray, historic sites manager gave a brief history of the residence at 720 Bois dArcand its historical significance. He stated that it had previously been determined that thestructure was not historic and should be demolished. He stated that some citizens feel

the property should not be demolished based on a misconception that the house was aformer parsonage for the Zion Hill Church.

Rev. Larry Wade appeared representing citizens concerned with the preservation of ZionHill Historic District. Rev. Wade requested a delay in the demolition of the structure at720 Bois d Arc Street to allow discussion between the citizens and the city commissionbefore a final decision is made


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Mr. Clements further stated that Chicago Bridge and Iron was an industry leader in

elevated tank construction and previously constructed the SFA elevated tank for the Cityof Nacogdoches. He stated funds were available for the project.

Commissioner Johnson moved to award the bid to Chicago Bridge and Iron in theamount of $1,233,000. The motion was seconded by Commissioner Huddleston andunanimously passed.

Commissioner Johnson asked if plans could be made to paint a nice welcome on thetank. Mr. Clements stated it would be open for discussion and would be a minimalchange order in the process. Mr. Clements was directed to receive quotes to addsignage to the tank.

11. Consider approval of an Affiliate City Agreement with the Texas Round-UpHealth and Fitness Initiative.

Mike Kelly, assistant police chief stated the Texas Round-Up was a statewide health andfitness initiative whose mission was to improve the health of Texas through education,

promotion of physical activity and healthy living. He stated the benefits would bestatewide recognition for health improvements efforts; increased sense of communitythrough teamwork and goal setting; and tools and best practices for creating a city-widehealth program.

Chief Kelly stated there was no cost to the city and the city met all requirements forparticipation.

Commissioner Johnson moved to approve participation in the Texas Round-Up Healthand Fitness Initiative. The motion was seconded by Commissioner Huddleston andunanimously passed.

12. FYI. For your Information):A. Job List (April 26)B. March FinancialsC. Quarterly Investment ReportD. Municipal Court monthly report (March)

E. Thank you family of Lillian MeltonF. Thank you family of Stuart W Bass

Mayor Van Horn recognized Commissioner Randy Johnson who was attending his lastfull meeting as Commissioner Northeast Ward. Commissioner Johnson took a fewminutes to state he had been blessed and privileged by the opportunity to serve in thecapacity of city commissioner and extended his thanks to the citizens fellow


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Nacogdoches City Commission May 12, 2009Minutes Special Session

MINUTES

Special SessionNacogdoches City Commission

---May 12, 2009 - 4:00 p.m.

City Commission Room City Hall202 E. Pilar Street

Those Present:

Mayor Roger Van Horn, Commissioners Randy Johnson and William Sanders, Jr.,Deputy City Manager Victoria LaFollett-Koenig, City Secretary Lila Fuller and DeputyCity Secretary Stacy Corley.

1. Call to Order.

Mayor Van Horn at 4:01 p.m. A quorum was established.

2. Consider adoption of a Resolution canvassing the results of the GeneralElection held on May 9, 2009 to elect City Commissioners for the NortheastWard, Northwest Ward and the At Large position.

City Secretary Lila Fuller presented the tally sheets and return sheets from the election.

The City Commission reviewed the tally sheets and return sheets.

Commissioner Johnson noted an error on the Northeast Election Day tally sheet thatshowed 13 tally marks for Laterrious L. Starks, but showed a total of 113. It was notedthat the total should have read 13.

Commissioner Johnson made a motion that a Resolution be adopted canvassing theresults of the May 9, 2009 election and declaring the results as follows:

FOR CITY COMMISSIONER NORTHEAST WARD

Shelley Brophy 659

Laterrious Starks 51

David W. Crawford 143


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Nacogdoches City Commission May 12, 2009Minutes Special Session

4. Adjourn.

Mayor Van Horn at 4:03 p.m.

_____________________________Mayor Roger Van HornChairman City CommissionCity of Nacogdoches

ATTEST:

__________________________________Lila Fuller, City Secretary


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ITEM NO. 6-B


PROJECT: CONSENT AGENDA: Consider co-sponsorship of the 2009 Freedom Fest


DESCRIPTION: The sixth annual Freedom Fest will be held on Saturday, July 4, 2009. This festivalhas the largest 4th of July fireworks display in East Texas. The festival has made a

positive impact on our local economy by attracting some 10,000 people last year and

encouraging local residents to stay in town instead of traveling for the holiday.

The CVB and Nacogdoches Jaycees are requesting that the City continue to co-sponsor this festival. Through co-sponsorship the City agrees to the following: (1)

hosting the event in the Downtown Festival Plaza; (2) Use of the City parking lot

located south of City Hall between Pecan and Fredonia Streets; (3) On-site support

from City Electrician; (4) Use, at no cost, of City water and electric services in the

park; (5) authorization for an outdoor fireworks display in the city limits in

accordance with City policy.

COST:

BUDGET AMENDMENT REQUIRED?: No

FUNDING: Acct. Name & No. Original Budget Requested

SCHEDULE: Pecan and Fredonia Streets, and Cox Street, surrounding Festival Plaza, will need tobe closed from 4:00 p.m. 10:30 p.m.

RECOMMENDED Consider co-sponsoring the 2009 Freedom Fest.ACTION:

CITY CONTACT: Sarah OBrien, City of Nacogdoches Main Street Manager 559-2573 andA hl i h E di tt C ti d Vi it B 564 7351


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ITEM NO. 6-CCITY OF NACOGDOCHESAGENDA INFORMATION SHEET:

PROJECT: CONSENT AGENDA: Consider approval of Consultant Contract (GeneralServices Agreement Authorization Number 27) for Performance of theengineering services necessary to develop plans and specifications for certain

improvements at the Wastewater Treatment Plant.


DESCRIPTION: The improvements to be designed under this contract are as follows:

Replacement of Clarifier A Mechanism and grouting of floor Improvements to the electrical feed and supply system for the addition of

floating mixers at the oxidation ditch. Electrical improvements associated with repair of Clarifier A. Structures, electrical/control improvements, piping and meters for two

locations associated with measuring of RAS flows.These improvements are critical to the proper operation of the wastewatertreatment, and will be required for the city to remain in compliance with TexasCommission of Environmental Quality Regulations.

COST: $34,200.00

BUDGET AMENDMENT REQUIRED: No

FUNDING FROM CURRENT BUDGET

FUNDING: Acct. Name & No. Adopted Budget Balance Requested30 17070 $500,000.00 $500,000.00 $34,200.00

SCHEDULE: Immediate after approval.

RECOMMENDEDACTION It i d d th t th lt t t t (G l S i A t


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ITEM NO. 6-D


PROJECT: CONSENT AGENDA: Consider the adoption of a resolution for reimbursement

from the issuance of the City of Nacogdoches Water and Sewer RevenueCertificates of Obligation Bonds, Series 2006.


DESCRIPTION. The adoption of the resolution will allow the City to be reimbursed from theproceeds of the Water and Sewer Revenues Certificates of Obligation Bonds.

Series 2006 for expenses that have been paid for which the bonds were intended

for.COST:


RECOMMENDEDACTION: Approval of the resolution for reimbursement from the issuance of the City of

Nacogdoches Water and Sewer Revenue Certificates of Obligation Bonds, Series2006.

CITY CONTACT: Jack C. Sparks Finance Director 559-2533.

ATTACHMENTS: A copy of the Resolution for Reimbursement is available from the City Secretary


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ITEM NO. 6-E


PROJECT: CONSENT AGENDA: Consider authorization for tax resale for propertydescribed as Lot I, James E. Fore Subdivision, City Block 61, City ofNacogdoches, Nacogdoches County, Texas located on Fore Street

MEETING DATE: May 19, 2009DESCRIPTION: The City of Nacogdoches, as a taxing entity, has been requested on behalf of

Nacogdoches ISD to approve the sale of property described above.COST: None

SCHEDULE: Upon approval, a Tax Resale Deed will be executed by all taxing entities.

RECOMMENDEDACTION: Approve sale of property as presented.CITY CONTACT: Jim Jeffers, City Manager 559-2501ATTACHMENTS: Description of Property


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ITEM NO. 7


PROJECT: Public Hearing: Consider the request for a zoning change from B-2, GeneralBusiness, to R-3, Two-Family Residential, for lots 19 & 19-L, City Block 56,located on the corner of Lynn and Johnson Streets. This request has beenmade by Randy Johnson. ZON 2009-002.

MEETING DATE: May 11, 2009DESCRIPTION: This property was the subject of a zoning change from R-3, Two Family

Residential to B-2, General Business, to allow for construction of a warehouse.The lot is currently vacant.

The property to the west is zoned R-3, Two-Family Residential, and the

property to the east is zoned B-2, General Business. The surroundingproperties are a mixture of residential and commercial development. TheComprehensive Plans Land Use Schedule recommends single family developmentfor the property.

SCHEDULE: If the zoning change is approved, it will become effective 10 days afterpublication in the newspaper.

RECOMMENDEDACTION: Conditions for approval to be considered:

o Compatibility The proposed rezoning will not be injurious to the use andenjoyment of nearby property.

nt of nearby properties.this property.

each street frontage.

abide by city nuisance ordinances.

neighboring properties

o Orderly growth and development This request will not impede the orderlygrowth and developme

o Supporting facilities Water and sewer service is available too Drives and parking The Citys driveway regulations will allow one driveway on

o Nuisances The zoning ordinance does not require screening from adjacentresidential properties with the same zoning classification. The property ownermust

o Lighting The outdoor lighting ordinance ensures lighting will not disturb

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ITEM NO. 8


PROJECT: Consider a request for a variance to Section 78-100 of the sign ordinance toplace wall signs on a building frontage without street frontage at 1105 N.

University Street. (SV 2009-002)Applicant: Adfab SignsProperty Owner: Brad FontenotBusiness: Edward Jones

MEETING DATE: May 19, 2009DESCRIPTION: The applicant has applied for a sign variance to place 2 foot 4 inch by 14 foot (32.66

square feet) and a 1 foot 6 inch by 1 foot 6 inch (2.25 square feet) wall sign on aside of the building that does not have street frontage.

The signs require a variance because the sign ordinance does not allow signage on

sides of the building without street frontage.

COST: None

SCHEDULE: Staff will notify the applicant as to the outcome of the City Commission meeting.

RECOMMENDEDACTION: The Sign Ordinance states that variances should be granted where the

Ordinance would create an undue hardship for the sign user, and severalcriteria are met.These criteria include:

o A literal application of this chapter would not allow the property to beused.

o The granting of the requested variance would not be materiallydetrimental to the property owners in the vicinity.

o Any hardship is not in any way the result of the applicants own actionor the result of a self-created or personal hardship or for financial

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to the business owner. The granting of the variance would be contrary to thegeneral objectives of this chapter.

CITY CONTACT: Larissa Philpot, City Planner; 559-2572; [email protected]

ATTACHMENTS: (Provided by applicant)
mailto:[email protected]:[email protected]


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ITEM NO. 9


PROJECT: Receive Presentation on the Nacogdoches Farmers Market


DESCRIPTION: The Nacogdoches Main Street Program has successfully revitalized theNacogdoches Farmers Market and the old hitch lot. It has become a community-

gathering place on Saturday mornings as well as providing an avenue for residents

and visitors to shop local and have access to a variety of fresh foods. The FarmersMarket Committee successfully operates underneath the Economic Restructuring

committee of the Nacogdoches Main Street Program. Staff will present to the

Commission a report on the progress that has been made on this very important

addition to downtown and to the community.

COST: None


FUNDING: Acct. Name & No. Original Budget Requested

SCHEDULE: None

RECOMMENDED.

ACTION:

CITY CONTACT: Sarah OBrien, City of Nacogdoches Main Street Manager 559-2573

ATTACHMENTS: None


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ITEM NO. 10


PROJECT: Receive the Nacogdoches Police Department Annual Report


DESCRIPTION: Present the Police Annual Report for 2008 including crime, traffic, andpertinent statistics as well progress toward department goals.

RECOMMENDEDACTION: None. Information purposes only.

CITY CONTACT: Jim Sevey, Chief of Police, 936-559-2601

ATTACHMENTS: Copies of the annual report to be given to Commission.


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FFoorrYYoouurrIInnffoorrmmaattiioonnMay 19, 2009


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city commission agenda 5/19/09

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