City of Gatesville

Spur Capital of Texas
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Minutes from June 10, 2008

REGULAR CITY COUNCIL MEETING

CITY OF GATESVILLE

JUNE 10, 2008

COUNCIL CHAMBERS, 110 NORTH 8TH STREET

5:30 P.M.

PRESENT:  Mayor David K. Byrom, Council Members Inmon, Woodlock, Cain, Knox  Chumley, and Wasson

OTHERS PRESENT:  City Manager Roger Mumby, Assistant City Manager Luis Lobo, City Attorney Sandy Gately, City Secretary Kathy Karasek, Larry Kennedy, Nathan Gohlke, Judi Borth, Ginny Moreno, Rachel Edwards, Michaela Moreno, John Austin Moreno, Leah Perez, Alex Nini, and Annette Brown

AN OPEN MEETING WAS HELD CONCERNING THE FOLLOWING SUBJECTS:

1)  CALL TO ORDER AT 5:35 PM, THIS 10th DAY OF JUNE 2008

2)  PROOF OF NOTICE AND POSTING OF COUNCIL MEETING AGENDA

Mayor Byrom directed a question to City Secretary Karasek if the notice of the Meeting was posted at the proper place and time pursuant to the Texas Opening 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.

    Posted:
    Day:  FRIDAY
    Date:  06-06-08
    Time:  3:00 p.m.
    By:  Kathy Karasek

3)  APPROVAL OF MINUTES FROM PREVIOUS MEETING

Motion by Wasson, seconded by Woodlock, all voting “Aye” to approve Resolution Number 2008-74     

RESOLUTION NUMBER 2008-74   - approve Minutes of the May 27th, 2008 Regular City Council Meeting.

4)  RECOGNIZE EMPLOYEE OF THE MONTH

Mayor Byrom recognized Jim Bettge as May 2008 Employee of the Month for his superior performance to the City of Gatesville.

5)  HEAR VISITORS  
     
Judi Borth presented information about the World Strides Program to the City Council.  She stated this was a program where parents and leaders are partnering with World Strides Corporation to provide world travel for children.  She said Gatesville’s first trip is scheduled for the Inauguration on January 18-21, 2009 for high school students.  She noted this was not sponsored by Gatesville Independent School District, but they do recognize this event so the kids will receive excused absences to attend.  She said a trip has also been scheduled for junior high kids on March 16-19, 2009.  She wanted the City Council to be aware of this program and stated they would be deciding on a name for the local group and doing fund raising in the near future. 


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JUNE 10, 2008
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6)  CONSIDER THIRD AND FINAL READING OF ORDINANCE NUMBER 2008-08 SETTING A CURFEW FOR CHILDREN UNDER THE AGE OF 17 YEARS  

Ginny Moreno stated she was surprised the City needed a curfew since her children and their friends are respectful and good students.  Their parents know where they are.  She said she thought the curfew ordinance was too restrictive on several points.  She had a problem with requiring a child to have a note from a parent to be out with another adult after curfew.  She was also concerned new drivers would be pulled over by the police if they were out past curfew since this would be traumatic to them.  She also voiced concerns about other parts of the ordinance.

Rachel Edwards asked the Council several questions.  One question was whether this applied to children under 17 from out of town who were driving through Gatesville or did it apply just to Gatesville residents?  City Attorney Gately stated the issue of curfew violation would not come up unless another offense has occurred and it is discovered  during that investigation that the child is in violation of the curfew ordinance.

Michaela Moreno stated she was concerned about the curfew during the summer.  She thought these hours in the ordinance were too early since children are allowed to stay out later during the summer.  Mayor Byrom asked what she thought an acceptable time would be.  Michaela stated she thought the curfew should be between the parent and the child.

Leah Perez stated she was concerned about students who work early in the morning or late at night where they would be in violation of curfew.  She was concerned these students would be in trouble if they are seen out after curfew a lot due to work.

City Attorney Gately stated there were defenses in the ordinance which include being employed, attending school, religious or other activities being supervised by adults, attending entertainment events and accompanied by an adult.  She noted children would not be in trouble as long as they come into compliance with the curfew as soon as they leave these events.

Alex Nini stated she did not agree with the curfew ordinance.  She stated the parents should be allowed to set curfews and children should not be punished if they are not doing anything wrong.  She said as the child earns trust with their parent, the parent should be allowed to give the child a later curfew.

John Austin Moreno stated he thought the curfew was written for children who are doing things they shouldn’t be doing.  He said he thought those people would not be concerned about violating the curfew ordinance so he doesn’t think it will affect the people it was meant to affect.

Mayor Byrom thanked everyone for their input.

Police Chief Nathan Gohlke stated he also appreciated the comments from the parent and these children.  He said to be in violation of the curfew ordinance, the child must be in a public place.  He also noted a police officer must have probable cause in order to stop a vehicle.  He said believing the driver may be under 17 years of age is not probable cause.  Gohlke presented some statistics on juvenile crime to the Council.

Mayor Byrom stated he did not think this curfew ordinance would reduce crime, vandalism or manpower on the Police Department.  He noted this was a Council decision and he does not get  a vote.  Byrom said here is concerned this is sending a negative message to the young people in the community.



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After lengthy discussion, the Council expressed a desire to review this ordinance each year rather than every three years.

Motion by Chumley, seconded by Know.  Chumley, Knox, Inmon, Woodlock, and Wasson voted “Aye”. Cain voted “Nay”.  Motion carried to approve Resolution Number 2008-75.

RESOLUTION NUMBER 2008-75  - approve  Ordinance Number 2008-08 on the third and final reading with the change that the ordinance will be reviewed every twelve months.

7)  CONSIDER SECOND READING OF ORDINANCE NUMBER 2008-09 REGULATING THROUGH TRUCKS ON DEPOT STREET  

City Manager Mumby stated no changes have been made to this ordinance since the first reading.

Motion by Knox, seconded by Woodlock, all voting “Aye” to approve Resolution Number 2008-76

RESOLUTION NUMBER 2008-76  -  approve Ordinance Number 2008-09 on the second reading.
ORDNANCE NUMBER 2008-09

AN ORDINANCE REGULATING THROUGH TRUCKS
ON DEPOT STREET

8)  CONSIDER ORDINANCE NUMBER 2008-10 PROVIDING FOR A CURFEW AT THE SKATE PARK ON AN EMERGENCY CLAUSE    

City Manager Mumby stated there had been quite a few problems at the skate park at night.  This includes graffiti, fights, etc.  He noted there is a curfew in Raby Park which closes the park at 11:00 p.m. and opens at daylight.  This ordinance would put the same curfew at the skate park.  He noted this was presented on an emergency clause since there has been vandalism to the swimming pool late at night.  He said the Council could approve this ordinance on three readings if they want.

Motion by Wasson, seconded by Knox, all voting “Aye” to approve Resolution Number 2008-77

RESOLUTION NUMBER 2008-77  -  approve Ordinance Number 2008-10 on an emergency clause.
                                                           ORDINANCE NUBMER 2008-10

AN ORDINANCE PROVIDING FOR A CURFEW AT THE SKATE PARK,
ENFORCING SAID CURFEW, AND DECLARING AN EMERGENCY.
    
9)  CONSIDER APPROVAL OF A LEASE OF PROPERTY TO THE BOYS AND GIRLS CLUB OF GATESVILLE

City Manager Mumby stated the City Council approved a lease for the piece of property across from the Fitness Center to the Boys and Girls Club in 2005.  He noted that lease expired since they did not begin construction within three years and complete construction within five years.  Mumby said the Boys and Girls Club tried to buy the old Ford building, but that did not work out so it delayed their building timeframe. 


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He said the Boys and Girls Club is still interested in leasing this property and wants the City to approve this same lease which requires them to begin construction within three years and complete construction within five years from now.

Motion by Inmon, seconded by Cain, all voting “Aye” to approve Resolution Number 2008-78

RESOLUTION NUMBER 2008-78  -  approve the lease agreement with the Boys and Girls Club of Gatesville.

10) CITY MANAGER REPORT

The contractor is working on the lift station and force main at North Fort Hood.  They should begin the bore under the Leon River next week.

The anti-freeze recycle center is now in operation.

The SCADA System should be put out to bid in July and awarded in August.

The first Summer In the Park Concert was held in conjunction with the Shivaree.  The next Summer In the Park concert will be  on July 5th and the last concert will be held on August 8th .

The swimming pool is open and very busy.

The City has been issuing violations to Coryell Iron and Metal for not having the fence installed.  A violation is written for each day the fence is not built.  They have begun construction of the eight fool fence.

Advertisement for the HOME Program should begin shortly.

Household Hazardous Waste Day will be held on June 21st from  9 a.m. - 2 p.m.

The City Coryell County and Gatesville Independent School District now own the old “Rotunda” Nursing Home Property.  The City will begin tearing this down soon.  An asbestos survey has been conducted and the staff is coordinating with the State of Texas to demolish the building.  The plan is to clear the land and put it on the market for development for single family homes.

Council Member Cain

----  Senior Center is needing funding, so if anyone knows of anyone willing to donate let
       her know.

----  Read an apology letter to Police Chief Gohlke.

Council Member Inmon

----  The Shivaree had a great turnout and was a successful event.

----  Raby Park is very dark at night.  He said more light needs to be added.






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JUNE 10, 2008
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11)  ADJOURN AT 6:50 P.M., THIS 10th DAY OF JUNE 2008

ATTEST:                            APPROVED:

_______________________                                                 ____________________
Kathy Karasek                                                 David K. Byrom
City Secretary                                                Mayor





















































































ATTEST:                            APPROVED:

_______________________                                                 ____________________
Kathy Karasek                                      David K. Byrom
City Secretary                                     Mayor


























































City of Gatesville- The Spur Capital of Texas!