Minutes unofficial until accepted by City Commission
MINUTES
Regular Session
Nacogdoches City Council
March 15, 2011 – 5:30 p.m.
City Council Room – City Hall
202 E. Pilar Street
Regular Session:
Those Present: Council members Shelley Brophy, William Sanders, and David T. Norton; City Manager Jim Jeffers and City Secretary Lila Fuller.
1. Call to Order.
Mayor Pro Tem Brophy at 5:30 p.m. Mayor Van Horn and Council member Partin were not present. A quorum was established.
2. Invocation.
Council member Sanders gave the invocation.
3. Presentations and Recognitions – Recognize Keith Kiplinger for being awarded the Texas Fire Chief’s Association “Fire Chief of the Year”.
Chief Kiplinger was unable to attend and will be honored at a later date.
4. Items to be removed from the Consent Agenda.
None.
5. CONSENT AGENDA: Items included under the Consent Agenda require little or no deliberation by the Commission. Approval of the 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. Consider approval of minutes from the regular session of March 1, 2011.
Approved as presented.
B. Consider Agreement to Conduct Joint Elections with Nacogdoches ISD to share a common polling place as authorized by Texas Election Code Section 271.002.
Approved as presented.
C. Consider amendment to Bylaws of the Nacogdoches Industrial Development Authority addressing the time for the annual meeting.
Approved as submitted.
Council member Sanders moved to accept the Consent Agenda as presented. The motion was seconded by Council member Norton and unanimously passed.
REGULAR AGENDA:
6. PUBLIC HEARING: Consider the request for Zone Change from R-2, Single Family Residential to R-4, Multi-Family Residential for Lot 7E, City Block 42 and Lot 8E, City Block 43 located on Herbert Street. This request has been submitted by Samuel Wright. ZON2011-003.
Larissa Philpot, city planner appeared and stated the property owner, Samuel Wright wanted to build multi-family or duplex homes on the property. Ms. Philpot stated all other properties on Herbert Street were zoned R-4. She said there had been several calls received in opposition, one only wanting single family dwellings on the street, and another who stated he was representing other property owners who were in opposition due to the possibility of rental property being developed. Ms. Philpot stated the Planning and Zoning Commission voted unanimously to approve the zone change request.
Mayor Pro Tem Brophy opened the public hearing.
Sam Wright, property owner for the lots in question appeared and said he would like to build four single-family houses or 2-3 duplexes on these lots. He stated he had no intention to construct apartments.
There being no one else present desiring to be heard, Mayor Pro Tem Brophy closed the public hearing.
Council member Sanders moved to approve the request for a Zone Change from R-2 to R-4 for Lot 7E, City Block 42 and Lot 8E, City Block 43 located on Herbert Street as requested by Samuel Wright. The motion was seconded by Council member Norton and unanimously passed. (Ordinance No. 1569-3-11)
7. Consider suggested amendment to the Disorderly Conduct by Noise statute, described as Section 42.01 of the Texas Penal Code.
Police Chief Jim Sevey explained they get numerous loud noise complaints, mostly from parties with loud music and vehicles that drive by with loud music. He said the State statute was difficult to enforce because of the decibel level requirement and the fact that current law requires a notice be given before charges can be filed.
Chief Sevey explained staff had developed a suggested amendment that would be submitted to the City’s Legislative representatives in an attempt to have the current State law amended to provide better tools for law enforcement to address the situation. He reviewed the proposed amendment that would eliminate the decibel level reference and prior notice requirement and add that noise is presumed unreasonable if it could be plainly heard outside of a moving or stationary vehicle from a distance of 25 feet with unaided hearing, or if it emanates from a structure that can be plainly heard on adjacent properties or further with unaided hearing. He stated the proposed amendment also sets a time for an offense between the hours of 9:00 p.m. and 7:00 a.m. or at other times, such as during church, school, a funeral, etc. that could disrupt the participants in the activity.
Council member Norton moved to support the suggested amendment to the Disorderly Conduct by Noise statute described as Section 42.01 of the Texas Penal Code as presented and authorize staff to present to the Texas Municipal League for endorsement. The motion was seconded by Council member Sanders and unanimously passed.
8. Receive presentation regarding the 2010 Census results.
Larissa Philpot, city planner briefly reviewed the results of the 2010 Census for the City of Nacogdoches. She stated the City increased in population by 10.3% over the previous decade to a current population of 32,996, a growth rate slightly higher than any other city or town in Nacogdoches or Angelina County. She stated Nacogdoches County increased in population 9.0% to 64,524, a rate ranked third in the DETCOG region behind Polk County and San Jacinto County. She stated City of Nacogdoches residents comprised of 50.5% of the total county population, a slight increase over the previous decade.
Ms. Philpot reviewed the racial and ethnic makeup showing a current population of 51.3% White, 28.5% Black, 16.8% Hispanic, and 1.8% Asian.
Ms. Philpot reviewed the concern of accuracy on the census and stated she was pleased with the 67% return rate for the City of Nacogdoches. She reviewed possible inaccuracies for the Nacogdoches population to include non-respondents, SFA students who were counted in their parent’s cities rather than Nacogdoches, and Census forms being filled out incorrectly, which is similar to other entities and considered by the Census Bureau demographers in the final population county.
Ms. Philpot stated the census figures will be used to analyze demographic information for each of our current City Council wards and determine if the ward boundaries should be redrawn, as well as being used to update planning documents for the City such as the Comprehensive Plan and the Hazard Mitigation Action Plan.
No action necessary.
9. Consider approval of a loan modification to the Texas Water Development Board (TWDB) Drinking Water State Revolving Fund (WSRF) Loan No. 61250.
City Engineer Steve Bartlett explained the City of Nacogdoches received a loan to install a 24” water transmission main from the Southwest Pump Station on FM 225 to the Post Oak Pump Station north of the City on CR 213, intended to improve water pressure and supply to the northern part of the City. City staff, with the assistance of KSA Engineers had identified other alternative projects that can accomplish these goals at a much lower cost. The DWSRF loan of $11,520,000 could be reduced to $8,210,000 for a total reduction in debt of $3,310,000. This includes money already spent on all of the original projects and the newly identified projects.
Council member Sanders moved to authorize approval of a loan modification to the Texas Water Development Board Drinking Water State Revolving Fund Loan No. 61250 as presented. The motion was seconded by Council member Norton and unanimously passed.
10. Consider Resolution in support of the low cost Spay/Neuter Conic at the Animal Shelter specifying responsibilities of the City of Nacogdoches and the Nacogdoches County Humane Society.
This item was not considered by the City Council.
11. Consider Resolution supporting legislation to eliminate the request for the adoption of State approved Model Subdivision Regulations as part of the Texas Capital Fund program.
City Manager Jim Jeffers explained that Nacogdoches County had solicited the assistance of Representative Christian to author a bill in the Texas Legislature to eliminate the request for adoption of State approved model subdivision regulations as a prerequisite to a city or county receiving funds administered by the Department of Agriculture for economic development. He explained the model subdivision regulations currently required by the State for programs such as the Texas Capital Fund were unduly burdensome on cities and counties and would hinder economic development.
Council member Sanders moved to adopt a resolution supporting legislation to eliminate the request for the adoption of State approved model subdivision regulations as part of the Texas Capital Fund program as presented. The motion was seconded by Council member Norton and unanimously passed. (Resolution No. 1103-3-11)
12. FYI (For Your Information)
A. None.
No action necessary.
13. Adjourn.
Mayor Pro Tem Brophy adjourned the meeting at 5:59 p.m.
