City of Gatesville

Spur Capital of Texas
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Minutes from February 12, 2008

       REGULAR CITY COUNCIL MEETING

CITY OF GATESVILLE

FEBRUARY 12, 2008

COUNCIL CHAMBERS, 110 NORTH 8TH STREET

5:30 P.M.

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

OTHERS PRESENT:   City Manager Roger Mumby, Assistant City Manager Luis Lobo, City Attorney Sandy Gately, City Secretary Karasek, Larry Kennedy, Andy Lella, Shauna Adams, Mickey Lella, Robbie Clarke, Robert Gilbert, Leslie Ortega, Paulette Knox, Willie Knox, Bill Davis, Claudia Carroll, Nathan Gohlke, Dennis Fueston, Chelsea Gorschboth, and Linda Fueston

AN OPEN MEETING WAS HELD CONCERNING THE FOLLOWING SUBJECTS

1)  CALL TO ORDER AT  5:35 P.M., THIS 12th DAY OF FEBRUARY,  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:  02-08-08
Time:  3:00 p.m.
By:     Kathy Karasek      

3  APPROVAL OF MINUTES FROM PREVIOUS MEETING

Motion by Inmon, seconded by Cain, all voting “Aye” to approve Resolution Number 2008-20

RESOLUTION NUMBER 2008-20  – approve Minutes of the January 22nd, 2008 Regular City Council Meeting.

4)   RECOGNIZE EMPLOYEE OF THE MONTH      

Mayor Byrom recognized Dennis Fueston as January 2008 Employee of the Month for his superior performance to the City of Gatesville.

5)  HEAR VISITORS   
      
Visitors present were only concerned with an Agenda item.

6)   CONSIDER THIRD AND FINAL READING OF ORDINANCE NUMBER 2008-01 ABANDONING A PORTION OF DEPOT STREET

City Manager Mumby stated a number of residents voiced their concerns about the operation of the recycle plant on Depot Street during the second reading of this ordinance.  The City Council asked the staff to take a look at those issues and report back to the residents.  Mumby reviewed a short presentation addressing those concerns. 

 

REGULAR CITY COUNCIL MEETING
FEBRUARY 12, 2008
PAGE  2


He noted the metal recycling business is operating in an Industrial Zone. The operator of this business requested a portion of Depot Street be abandoned in order to put up a gate and fence around the facility as well as use the scales located in the street.  He noted this portion of the road was platted but never developed. 

City Manager Mumby stated this area was zoned Industrial in 1975.  Zoning was updated in 1995 and this area remained Industrial.  Industrial Zoning allows this type of operation.  He noted this type of business must be fenced with a fence of at least 8 feet and materials can be stacked no higher than one foot above the fence.  Mr. Mumby stated a wrecking yard is not allowed in the City, but this business does not  meet the definition of a wrecking yard under the City’s zoning ordinance.  This business is a metal recycling yard.  The staff has asked TCEQ for the definition of a metal recycling yard, but has not received a response from them. 

City Manager Mumby stated several issues were identified at the January 22, 2008 City Council Meeting.  One concern was dust he and other staff members have made frequent visits to the operation during the last two weeks and they have not observed a significant amount of dust he said TCEQ will do a formal dust evaluation if a complaint is filed with them.  Another concern was the hours of operation.  Mumby noted the City does not control hours of operation, but he contacted them and was told their hours were 8 to 5 Monday thru Saturday.  He said there was one day they operated on Sunday but they said they would not be operating on Sunday again.  The facility appears to be operating within the ordinance specified noise limits.  Mumby said he will continue to monitor the noise level and will purchase a decibel meter if it is necessary.  Residents were also concerned about Depot Street being blocked by trucks while waiting to get on the scales.  City Manager Mumby stated a driveway has been installed in the metal recycling yard and the trucks now wait inside the yard.  Mumby said a fence is required so that should do away with the unsightly appearance.  City Manager Mumby stated the City has no desire to extend and maintain Depot Street.  He noted the scales were installed within the road in the 1950’s.  By the city allowing  the scales, this was a defacto abandonment by the City.  Abandonment allows a gate across the street, but a gate could be allowed without abandoning the street.  Mumby said disapproving the abandonment does not prevent the metal recycling yard from operating  within the Industrial Zone.  The area could be re-zoned to possibly Business Commercial Zone.  Even if re-zoned, the metal recycling yard would be allowed to operate.  Future use would need to conform to new zoning limits.  City Manager Mumby recommended allowing a gate across Depot Street; monitoring air quality, noise levels and traffic congestion; and requiring the 8 feet fence.  Mr. Mumby stated the City does not issue business licenses.  A business can operate in a zone which allows that type of business.  TCEQ does regulate a salvage metal yards for solid waste and clean water.

Mayor Byrom stated the issue on the agenda was abandoning Depot Street, not the operation of the metal recycling business.  Several residents voiced their opposition to abandoning Depot Street.

Willie Knox asked why this was being considered now.  Mayor Byrom stated the property owner requested the road be abandoned.  City Attorney Gately stated the City effectively abandoned this portion of Depot Street in the 1950’s by not developing the street and allowing the scales to be placed in the roadway.  She said the City had never taken formal action to abandon the street which could raise liability issues. 

Andy Lella stated he appreciated the concerns of these citizens and he would do anything he could to make the situation more acceptable to the residents. 

After lengthy discussion, Mayor Byrom called for a motion.

 

REGULAR CITY COUNCIL MEETING
FEBRUARY 12, 2008
PAGE  3


Motion by Woodlock, seconded by Knox.  Woodlock and Knox voted “Aye”.  Inmon and Cain voted “Nay”.  Wasson abstained.  Mayor Byrom voted “Nay”.  The motion failed to approve the third and final reading  of Ordinance Number 2008-01.

7)  CONSIDER APPROVAL OF PLAT AMENDMENT OF BLOCK 103, ORIGINAL
TOWN ADDITION

City Manager Mumby stated this property was located next to the old City Gym.  The property owner wants to plat this into five lots.  She wants to build a house on one of these lots.

Motion by Knox, seconded by Cain, all voting “Aye” to approve Resolution Number 2008-21

RESOLUTION NUMBER 2008-21  -  BE IT RESOLVED by the City Council of the City of Gatesville, Texas that the plat of Block 103 of the Original Town of Gatesville, Texas is hereby amended as reflected by Exhibit A, a copy of the newly amended plat, attached and incorporated herein.

8)  CONSIDER AUTHORIZING THE PURCHASE OF TWO NEW POLICE CARS

Police Chief Gohlke stated the City received a grant from the State for the purchase of two new police cars.  He noted the Council was informed that the grant would fund 100% of the cost, but he has been told that is not the case.  The City will be required to pay a $5200 cash match.  Gohlke said this amount had been included in the budget, so he recommended approving the purchase of these two cars through the Houston Galveston-Area Council contract to prevent having to bid out the cars. 

Motion by Wasson, seconded by Inmon, all voting “Aye” to approve Resolution Number 2008-22

RESOLUTION NUMBER 2008-22  -  authorize the purchase of two new police cars.

9)   CONSIDER FIRST READING OF ORDINANCE NUMBER 2008-02 AMENDING THE CODE OF ORDINANCES BY SETTING THE MAXIMUM SPEED LIMITS FOR SCHOOL ZONE PURPOSES ON S. 27TH STREET

Police Chief Gohlke stated S. 27th Street was originally not a through street.  When the intermediate school was built, the street was extended to Business Hwy 36.  He noted the City never created a school zone ordinance for that portion of the street.  The current ordinance created a school zone for the first 500 feet of S. 27th Street and this proposed ordinance extends the school zone for the remaining portion of S. 27th Street.  He recommended approving this ordinance.

Motion by Knox, seconded by Cain, all voting “Aye” to approve Resolution Number 2008-23

RESOLUTION NUBMER 2008-23  -  approve Ordinance Number 2008-02 on the first reading.
ORDINANCE NUMBER 2008-02

AN ORDINANCE AMENDING THE CODE OR ORDINANCES OF
                   THE CITY OF GATESVILLE, TEXAS, BY SETTING THE MAXIMUM 
                   SPEED LIMITS FOR SCHOOL ZONE PURPOSES IN CERTAIN AREAS
                  OF THE CITY OF GATESVILLE


REGULAR CITY COUNCIL MEETING
FEBRUARY 12, 2008
PAGE  4

10)  CONSIDER FIRST READING OF ORDINANCE NUMBER 2008-03 AMENDING CHAPTER 21, WATERS AND SEWERS SEC. 21-16, SERVICE RATES AND CHARGES, CODE OF ORDINANCES, BY CHANGING THE WATER RATES AND CONSIDER RESOLUTION INCREASING WATER RATES TO WHOLESALE CUSTOMERS  

City Manager Mumby stated the $.25 per thousand gallons of water increase for City customers must be approved by ordinance and the $.25 increase in water rates for wholesale customers can be approved by resolution.  He noted these increases to wholesale customers would be effective the same time the ordinance would go into effect.  A letter has been sent to all wholesale customers about a meeting at the end of February.

Motion by Cain, seconded by Woodlock, all voting “Aye” to approve Resolution Number 2008-24

RESOLUTION NUMER 2008-24  -  approve Ordinance Number 2008-03 on the first reading and approve resolution increasing the rate charged to wholesale customers by $0.25 per one thousand (1000) gallons of water sold to such wholesale customers.

ORDINANCE NUMBER 2008-03

AN ORDINANCE AMENDING CHAPTER 21, WATERS AND SEWERS SEC. 21-16, SERVICE RATES AND CHARGES, CODE OF ORDINANCES OF THE CITY OF GATESVILLE, TEXAS, BY CHANGING THE WATER RATES

11)  CONSIDER APPROVAL OF RESOLUTION PREVENTING MINING AND DRILLING ON CITY PROPERTY BEING UTILIZED FOR A TEXAS PARKS AND WILDLIFE DEVELOPMENT PROJECT

City Manager Mumby stated the City had submitted a grant application for a splash park to Texas Parks and Wildlife.  One of the requirements is the City must approve a resolution preventing mining and drilling on City property receiving a grant.

Motion by Inmon, seconded by Knox, all voting “Aye” to approve Resolution Number 2008-25

RESOLUTION NUMBER 2008-25   -

A RESOLUTION OF THE CITY OF GATESVILLE, TEXAS, RESOLVING TO
PREVENT MINING AND DRILLING ON CITY PROPERTY BEING
UTILIZED FOR A TEXAS PARKS AND WILDLIFE PARK DEVELOPMENT
PROJECT.

WHEREAS,  the City of Gatesville is applying to the Texas Parks and Wildlife Department for a park development grant project; and

WHEREAS,  the Texas Parks and Wildlife Department grant program requires assurances that mining and drilling will not take place on property utilized for park development purposes;

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Gatesville declares and determines that no mining or drilling will take place in perpetuity on City park land, if Texas Parks and Wildlife grant funds are utilized for its development.

12) CENTRAL TEXAS COUNCIL OF GOVERNMENTS REPORT

 

REGULAR CITY COUNCIL MEETING
FEBRUARY 12, 2008
PAGE  5

Council Member Cain stated she serves as an executive member of the Central Texas Council of Governments Board (CTCOG).  She presented a summary of the Central Texas Council of Governments (CTCOG) meetings for 2007.

13) CITY MANAGER REPORT

The staff has responded to all complaints as a result of the TCEQ inspections.  All findings have been corrected and the City is waiting for a response back from TCEQ.  The approval of the proposed antifreeze recycle center should be on the Commission’s agenda in March or April.

Bury + Partners plan to be ready to advertise two projects for North Fort Hood Wastewater Treatment for bid within the month.

The staff is working with Southwest Securities to develop the $5M bond issue.

Chicktown Lift Station should be finished by the end of this month.

He will attend the Texas Military Preparedness Commission meeting on February 21st and make a proposal for the $630k grant to build the two facilities and repair the river bank, matching the grant with money from ORCA, NRCS and in-kind work from the City.

The splash park grant application was submitted in January 31st.

The staff is planning to have the concert in Coryell County Activities Complex.  We are currently selecting a band and have a contract for the fireworks.

The City has started construction of the police pistol range at the old landfill site.

City Hall will be closed on February 18th in honor of President’s Day.

14)   ADJOURN  AT 6:50  PM, THIS  12th  DAY OF FEBRUARY, 2008


ATTEST:        APPROVED:


___________________________     ________________________
Kathy Karasek,       David K. Byrom
City Secretary                          Mayor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

City of Gatesville- The Spur Capital of Texas!