City of Gatesville

Spur Capital of Texas
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Minutes from March 27, 2007

REGULAR CITY COUNCIL MEETING

CITY OF GATESVILLE

MARCH 27, 2007

COUNCIL CHAMBERS, 110 NORTH 8TH STREET

5:30 P.M.

PRESENT:   Mayor Byrom, Council Members Inmon, Knox, Pruitt, and Lee 

ABSENT:   Council Member Keller and Cain

OTHERS PRESENT:   City Manager Mumby, Assistant City Manager Lobo, City Secretary Karasek, City Attorney Bob Salter, Larry Kennedy, Nathan Gohlke, Roy M. Holden, Sandy Gately, Susan Ballow, Brandon Belt, Dan Almon, Elizabeth Taylor, Daren Moore, Randy Hitt, Kaleb Hitt, Parker Boyd, Peter Wasson, David Mitchell, Angie Burdett, Ben Johnson, Marsha Johnson and Rodney Kroll                   

OPEN MEETING:

AN OPEN MEETING WAS HELD CONCERNING THE  FOLLOWING SUBJECTS:

1)   CALL TO ORDER AT  5:35 P.M., THIS  27th   DAY OF MARCH, 2007

2)   PROOF OF NOTICE AND POSTING OF COUNCIL MEETING AGENDA

Mayor Byrom directed question to City Secretary Karasek if the notice of the meeting was posted at the proper place and time pursuant to the Texas Open Meeting Act. (Tex. Rev. Civ. Stat. Ann. Art. 6252-17) (Vernon’s Supp. 1990).  City Secretary Karasek assured Mayor Byrom that the notice was posted at the proper place and time.

POSTED:
DAY:   FRIDAY
DATE: 03-23-07
TIME:  3:00  P.M.
BY:      Kathy Karasek

3)   APPROVAL OF MINUTES FROM PREVIOUS MEETING

 Motion by Lee, seconded by Pruitt, all voting "Aye" to approve Resolution Number 2007-40

RESOLUTION NUMBER 2007-40    -  approve Minutes of  March 13th, 2007  Regular City Council Meeting.

4)   HEAR VISITORS:

Visitors present were  only concerned with an Agenda item.

5)   RECESS REGULAR MEETING AND CALL A -----------------------------------

                                                                  PUBLIC HEARING

                                       Hear comments concerning vehicles that do not
                                       have current registration and inspection stickers
                                       and/or are not in operable condition which are located at:

                                                                1719 Barnes Street
                                                                4703 S. Highway 36

 

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Susan Ballow, Code Enforcement Officer, stated the vehicle at 4703 S. Highway 36 has been moved.  She stated the vehicles at 1719 Barnes Street are still there.  She noted the vehicle owners and property owners were sent notification that the vehicles need to be removed.

6)   END PUBLIC HEARING AND RECONVENE REGULAR MEETING
            
7 )  CONSIDER AWARDING THE BID FOR THE SALE OF CITY PROPERTY LOCATED AT 401-403 N. 9TH STREET
 
City Manager Mumby stated the City advertised for bids for the old city gym and this property on N. 9th Street.  He said no bids were received on the city gym property and one bid was received for the old well site located on N. 9th Street.  Mumby stated that bid was from Randy Hitt in the amount of $1,000.  He said Mr. Hitt also offered a quick claim deed for a portion of N. 8th Street that is currently a road easement on his property.  Mumby said Gaye Sadler from Tejas Real Estate looked at this property and indicated that $1,000 was a fair price since it was not really buildable.  Mr. Mumby recommended accepting Mr. Hitt’s offer of $1,000 and the quick claim deed.  He said the City would provide the deed, but Mr. Hitt would have to pay for title insurance if he wants it.

Randy Hitt stated he had property adjoining this property.  He plans to fence it off to keep people from dumping on the property.

Motion by Inmon, seconded by Knox, all voting “Aye” to approve resolution Number 2007-41

RESOLTION NUMBER 2007-41  -  accept Randy Hitt’s offer of $1,000 for 401-403 N. 9th Street and the quick claim deed of the portion of N. 8th Street.

8)   CONSIDER CHANGING THE CIAC PAYMENT FROM APRIL 1ST  TO APRIL 30TH
 
City Manager Mumby stated when the Atmos Energy Franchise agreement was approved, the date for the annual franchise payment was April 30th but the Contributions In Aid Construction (CIAC) payment date was April 1st.  He said Atmos has asked that both payments be due on April 30th.  He recommended changing this date to April 30th.

City Attorney said he gave Kathy Karasek a suggested ordinance today that would amend this since the agreement was originally done by ordinance.  He said the City Council could approve it on the first reading tonight.

Motion by Knox, seconded by Pruitt, all voting “Aye” to approve Resolution Number 2007-42

RESOLUTION NUBMER 2007-42  -  approve ordinance Number 2007-06 on the first reading.
ORDINANCE NUMBER 2007-06

                 AN ORDINANCE AMENDING ORDINANCE NUMBER 2006-12 CHANGING DUE DATE FROM APRIL 1 TO APRIL 30
  
9)   CONSIDER APPROVING THE 2007-2008 BUDGET CALENDAR

City Manager Mumby  proposed the City Council approve the budget calendar he presented. 

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PAGE  3


He noted this had not be done in the past though most of the items were statutory or legal and must be done by a specified time.  Mr. Mumby said he proposed  a goal setting session on May 8th which is a new event for this Council.  He said this would be held after a regular City Council meeting.  He said department heads will be present at this meeting and all budget meetings.  Mumby recommended holding a budget workshop on July 24th .  He thinks only one budget workshop will be necessary , but additional workshop can be held if necessary.

Motion by Knox, seconded by Lee, all voting “Aye” to approve Resolution Number 2007-43

RESOLTION NUMBER 2007-43  -   approve the Budget Calendar for Fiscal Year 2007/08 as presented.

10)  CONSIDER CONDEMNATION OF STRUCTURE LOCATED AT 207 N. 18TH STREET, BEING LOT 3, BLOCK 1, NEW ADDITION  

City Manager Mumby stated photographs are enclosed in the council book.  He recommended condemning this structure.

Council Member Lee asked if the City received the certified receipt back from the property owner.  City Manager Mumby stated the City did.

Motion by Lee, seconded by Knox, all voting “Aye” to approve Resolution Number 2007-44

RESOLUTION NUBMER 2007-44   -  proceed with condemnation of structure located at 207 N. 18th Street, being Lot 3, Block 1, New Addition.

11)  CONSIDER THIRD AND FINAL READING OF ORDINANCE NUMBER
2007-03 AMENDING THE CODE OF ORDINANCES AT SECTION  8-27 (A) BY INCREASING THE TAX RATE ON THE OCCUPANCY OF A HOTEL ROOM
 
City Manager Mumby stated the maximum tax the city  can place on hotel/motel tax is 7%.  After this third reading, he noted this ordinance would go into effect in 30 days.

Motion by Inmon, seconded by Lee, all voting “Aye” to approve Resolution Number 2007-45

RESOLUTION NUMBER 2007-45  -  approve Ordinance Number 2007-03 on the third and final reading.
ORDINANCE NUMBER 2007-03

                AN ORDINANCE AMENDING THE CODE OF ORDINANCES
                AT SECTION 8-27 (a) INCREASING THE TAX RATE ON THE 
                OCCUPANCY OF A HOTEL ROOM

12)  CONSIDER THIRD AND FINAL READING OF ORDINANCE NUMBER
 2007-04 AMENDING THE CODE OF ORDINANCES AT  SECTION 22-16 (C) BY CHANGING SUBDIVISION REQUIREMENTS 

City Manager Mumby stated this ordinance was changed at the last meeting to include 30’ wide streets and curbs and gutters and sidewalks.  He noted nothing had changed since the second reading.

Motion by Knox, seconded by Inmon, all voting “Aye” to approve Resolution Number 2007-46


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PAGE  4


RESOLUTION NUMBER 2007-46  -   approve ordinance number 2007-04 on the third and final reading.
ORDINANCE NUMBER 2007-04

AN ORDINANCE AMENDING THE CODE OF ORDINANCES
                   AT SECTION 22-16 (c) BY CHANGING SUBDIVISION
                   REQUIREMENTS

13)  CONSIDER ORDINANCE NUMBER 2007-05 DECLARING UNOPPOSED CANDIDATES IN THE MAY 12, 2007 GENERAL CITY ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION ON EMERGENCY CLAUSE     

City Secretary Karasek stated this ordinance was done on an emergency clause, so it will not require three readings.  City Attorney Salter stated the meeting will need to be recessed to get the votes from Council Members Cain and Keller in order to approve the ordinance on an emergency clause.

Motion by Pruitt, seconded by Knox, all voting “Aye” to approve Resolution Number 2007-47.  ( Meeting was recessed after the last agenda item until the votes could be received from Council Members Cain and Keller.  Cain and Keller voted “Aye” on March 28th , 2007).  Motion carried to approve Resolution Number 2007-47

RESOLUTION NUMBER 2007-47  -  approve Ordinance Number 2007-05 on an emergency clause.
ORDINANCE NUMBER 2007-05

                               AN ORDINANCE DECLARING UNOPPOSED CANDIDATES
                               IN THE MAY 12, 2007 GENERAL CITY ELECTION, 
                               ELECTED TO OFFICE; CANCELING THE ELECTION;
                               PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
                              AN  EFFECTIVE DATE.

14)   CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF  “CITY OF GATESVILLE, TEXAS, GENERAL  OBLIGATION REFUNDING BONDS, SERIES 2007”, INCLUDING THE ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF SUCH BONDS

City Manager Mumby stated Dan Almon with Southwest Securities was present to discuss these bonds.  Dan Almon presented a summary of the $660,000 General Obligation Refunding Bonds Series 2007.  Mr. Almon stated the city issued some tax notes for library financing in 2002 with the intent of refinancing before the final maturity in May 1, 2007.  He said the City wanted to stretch the payments out so they are lower.  Almon noted this would require the city to issue $660,000 in new refunding bonds and contribute $125,000 cash in lieu of paying $750,000 in principal plus $15,000 in interest on May 1st.  At the request of the City staff Almon said they contacted the six area banks to see if they would be interested in bidding on the bonds.  He stated the banks were told the bonds would be Bank Qualified.  He said two banks responded.  Almon noted Extraco Banks had a bid of 4.35% and Texas First State Bank had a bid of 4.09%.  He recommended selling the bonds as a private placement to Texas First State Bank.  He noted the bonds were not callable prior to their scheduled maturities.  Mr. Almon stated he thought this was a very good bid.

Dan Almon stated the repayment period on the bonds would be extended five years from 2008 through 2012.  He said this is a refunding for structure resulting in a Future Value debt service loss of $104,141 with a Present Value loss of $20,516 after all expenses.

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He noted the bonds would be sold without a rating and without bond insurance.  He recommended accepting the bid from Texas First State Bank.  He noted representatives from Texas First State Bank were present if the Council wanted to talk to them.

Rodney Kroll, Texas First State Bank, stated they were pleased to be of service to the City and they were ready to help the City in any way they can.

Motion by Knox, seconded by Lee, all voting “Aye” to approve Resolution Number 2007-48

RESOLUTION NUMBER 2007-48  -  approve all matters incident and related to the issuance and sale of “City of Gatesville, Texas, General Obligation Refunding Bonds, Series 2007”, including the adoption of an Ordinance Number 2007-07 authorizing the issuance of such bonds.

15)   CONSIDER APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF GATESVILLE TO PARTICIPATE IN TEXAS BUILDING AND  PROCUREMENT COMMISSION COOPERATIVE PURCHASING PROGRAM

City Manager Mumby stated this was a cooperative purchasing arrangement with the state which the City has participated in the past.  He noted it only costs $100 to join  and it allows the city to purchase items without going through the bidding process because the state has already done that.

Motion by Pruitt, seconded by Inmon, all voting “Aye” to approve Resolution Number 2007-49

RESOLUTION NUMBER 2007-49  -

WHEREAS,  the Texas Building and Procurement Commission is authorized to provide services for local governments pursuant to TITLE 8. SUBTITLE C. Chapter 271, Subchapter D. sections 271.082 an 271.083 of the Local Government Code;

and WHEREAS,  the City Council of City of Gatesville, is a municipality defined as an entity qualified to participate in the Cooperative Purchasing Program of the Texas Building and Procurement Commission pursuant to section 271.081 of the Local Government Code; and

WHEREAS,  in accordance with the requirements of section 113.85 (a) of the Texas Building and Procurement Commission administrative rules, the Agent (s) of Record,
Roger L. Mumby, City manager and Nathan Gohlke , Police Chief are authorized to execute any and all documentation for City of Gatesville pertaining to its participation in the Texas Building and Procurement Commission Cooperative Purchasing Program; and

WHEREAS,  City of Gatesville acknowledges its obligation to pay participation fees established by the Texas Building and Procurement Commission.

NOW, THEREFORE BE IT RESOLVED,  that request be made to the Texas Building and Procurement Commission to approve City of Gatesville for participation in the Texas Building and Procurement Commission Cooperative Purchasing Program.

16)  CONSIDER ACCEPTING RESIGNATION FROM CITY ATTORNEY BOB SALTER

City Manager Mumby stated the minutes show Bob Salter has been City Attorney since May 14, 1974. 

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Bob Salter presented his letter of resignation to the Mayor and City Council.  Mayor Byrom read the letter of resignation to the Council and visitors.  Mayor Byrom stated the council has appreciated Mr. Salter’s years of service to the City.

Motion by Knox, seconded by Pruitt, all voting “Aye” to approve Resolution Number 2007-50

RESOLUTION NUMBER 2007-50  -  accept the resignation from City Attorney Bob Salter.

17)  CONSIDER HIRING SANDY GATELY AS CITY ATTORNEY

City Manager Mumby stated Sandy Gately has been serving as the City Prosecutor in municipal court for some time as part of the transition to take the whole job.  He said Ms. Gately is a very capable replacement for Mr. Salter.  Mumby noted Ms. Gately has proposed the city pay her a salary rather than her billing the City for each item she performs for us.  He said the city is currently  paying the City Judge $18,000 per year plus approximately $6,000 per year in medical benefits.  Mumby said Ms. Gately does not need the medical insurance so he proposes a salary of $20,000 per year which is acceptable to her.  He said Ms. Gately is present if the Council wishes to speak to her.

Bob Salter recommended appointing Sandy Gately as City Attorney.

Motion by Inmon, seconded by Knox, all voting “Aye” to approve Resolution Number 2007-51

RESOLUTION NUBMER 2007-51  -  appoint Sandy Gately as City Attorney with the guidelines as presented by City Manager Mumby.

18)  CONSIDER APPROVAL OF CITY MANAGER JOB DESCRIPTION AND PERFORMANCE PLAN

City Manager Mumby stated the city staff was building  a performance management plan for all city employees.  He said part of that process was approving job descriptions and performance plans for each employee.  He said he would approve all performance plans for employees he supervises and they will approve job descriptions and performance plans for their subordinates.  Since the City Council is his boss, City Manager Mumby asked the City Council to approve his job description and performance plan.

Motion by Lee, seconded by Knox, all voting “Aye” to approve resolution Number 2007-52

RESOLUTION NUMBER 2007-52  -  approve the City Manager job description and performance plan.

19)  CITY MANAGER REPORT

The 911 dispatch consolidation obstacles have been overcome.  Copperas Cove does not want to be involved in this consolidation.  Hopefully work will begin soon on this project.

We finally received the Fort Hood contracting lawyer’s changes to the North Fort Hood Wastewater Treatment contract last Friday.  After Bob Salter and Bury + Partners reviewed them, there are a few minor changes the City wants to make.  We will be meeting with every one at 10:00 on Thursday and hopefully we will have a completed contract at that time to be presented at the next Council Meeting.


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PAGE  7


No bids were received on the old gymnasium so we will look for other alternatives for its use.

The swimming pool rehab is on track.

Walker and Associates is doing the necessary survey work for the River Place Annexation which is south and west of the golf course.  He hopes he will be ready to start this process at the next meeting.

The farmers market should be open in April on the Foxworth Galbraith parking lot.  He noted the same procedure would be used as the old farmers market.  He noted the City would not build sun shades for the farmers market.  This will be open to farmers, arts and crafts vendors, and automobiles.   Automobiles for sale will be charged $2.00 per day.

He presented his “State of the City” program to the Lions Club last Wednesday.  He hopes it went well.  Mayor Byrom said he heard a lot of compliments on it.

The poles have been placed in the Stoneridge Subdivision.  One pole is lit, the other three still require some trenching.  This should be complete this week.  The Council had approved some lights on Chicktown Road and those should be installed soon.  He is working on a street light plan to identify lights that are not working.  He now has a map of all City street lights.

He said the County has some interest in purchasing the Foxworth Galbraith property.

20)   POLICE DEPARTMENT REPORT


Police Chief Gohlke presented the Police Department Report for the month of February 2007.  He noted they had 859 calls for service.  Gohlke stated the police department investigated 10 accidents, 2 arrests for assault, 6 arrests for DWI, 9 arrests for DWLI and 6 drug arrests.  He stated 22 warrant arrests were also made.  He noted 156 criminal reports were written, 154 citations, and 201 warnings were issued.  Gohlke stated work had begun on the parking lot next to the Police department.  He said burglaries were up this month.

21)  FIRE DEPARTMENT REPORT

Fire Chief Billy Vaden presented the Gatesville Fire Department Report.  He stated the fire department answered 770 alarms in 2006, 589 alarms in 2005 and 391 in 2004.  Each year the alarms increased by around 200 calls, but Vaden said he didn’t expect them to go up 200 this year because 2006 was an extremely dry year.  He said during January and February 2007 the fire department answered 107 alarm.  He noted that included 27 fires, 22 rescues, 12 haz mat, 6 service calls, 36 good intent and 4 false alarms.  He said 39% of those calls were in the city and 61% of the calls were in the county.

Chief Vaden stated the ISO rating was dropped to a 4 last year and he is very proud of that.  He said training was a big part of that and they try to provide a lot of training for their firefighters.  He stated the Gatesville Fire Department has dropped from 35 firefighters to 27 active firefighters.  He said they need more volunteers.  At some point, he may be asking the Council for something to encourage people to volunteer.  Council Member Lee asked how long he could continue with volunteers.  Vaden said he was not sure.  Mayor Byrom asked when the last volunteer drive was held.  Vaden said about two years ago.  City Manager Mumby stated they would like to help with that.

22)  UTILITY DEPARTMENT REPORT

Buck Holden, Street Superintendent, presented the utility department report.

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He stated his department has been working on the police department parking lot, working on getting the seal coat program started and mowing.  He noted one crew of inmates is working on the swimming pool. Holden said they took out the culvert at Lovers Lane and Golf Course to help prevent flooding.  Mr. Mumby said this was at the request of the property owner and the property owner will pour a concrete bridge over this ditch which should help the water flow.  Mr. Mumby stated they repaired the road in Faunt Le Roy Park so the road is now open and Christmas in the Park will be held in the park.

23)   FINANCE DEPARTMENT REPORT
 
Finance Director Brenda Kiphen presented the February 2007 Finance Department Report.  She stated the revenue in the General Fund was $394,083.29 and actual expenditures were $221,823.80.  She noted the expenses are running around 41% which is exactly where they should be at this point.  She stated the Enterprise Fund had revenues on the amount of $456,496 and expenditures of $463,004.69.  She noted alot of chemicals for the water department were purchased during February.  Kiphen stated $702,787 were in the investment fund at Tex Pool which is earning 5.28% interest.  She noted the Tex Pool account was moved from the fund it was in back to the General Fund where it should be.

24)  Recessed meeting at 6:55 P.M. pending the votes from Council Members Cain and Keller to pass Ordinance Number 2007-05 on an emergency clause. (Note: Council Members Cain and Keller voted “Aye” on March 28th , 2007)

ATTEST:                                                                  APPROVED


_____________________                                        ____________________                                    
Kathy Karasek                                                                 David K. Byrom
City Secretary                                                                       Mayor


City of Gatesville- The Spur Capital of Texas!