The City Council of the City of Columbus, Texas met in regular session on Monday, September 25, 2000 at 6:30 P.M., in the Council Chambers of City Hall located at 605 Spring Street, Columbus, Texas, with the following present :

1. Call to Order:

Mayor Frnka called the meeting to order at 6:30 P.M., September 25, 2000.

2. Invocation: Mayor Frnka led the Lord’s Prayer

3. Consent Agenda:

a. Approval of invoices.

b. Approval of minutes from September 11, 2000.

c. Approval of financial statements.

Councilman Churchill moved to approve the consent agenda. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, and Councilwoman Chandler

NOES: Councilmen Rogers and Kotrla

The motion passed.

City Manager Brasher reported the following:

5. Presentation by Citizens:

Mrs. Nancy Habermacher asked what council’s vision is for Columbus. She said council needs to think about where and if they want to allow mobile homes to be placed within city limits. Mrs. Habermacher also said there needs to be a better way for citizens to know what is going to be discussed at city council meetings.

Mr. Dwight Mazac explained the roll of the existing fire pension board and the qualifications and steps that must be followed to enter the state plan. He also reported that the department as a whole had voted to join the state pension plan and it passed unanimously. Mr. Mazac said he was not overly concerned about the financial stability of the existing plan, but felt that it would be wise for the department to take advantage of this opportunity to move into the state plan. Mr. Mazac stated that the city will buy into the state plan at the minimum amount and later, if the department wishes to increase the amount, the contract can be amended.

Mayor Frnka thanked Mr. Mazac for his hard work on this project. Councilman Rogers moved to join the State Fire Pension Plan for retirement purposes for members of the Columbus Volunteer Fire Department. Councilman Frnka seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

Mr. Dwain Dungen was present to discuss the Columbus Community and Industrial Development Corp. budget. He explained that it is not as detailed or accurate as the City’s budget because many of the expenditures are not predictable. Councilman Frnka moved to approve the adoption of the Columbus Community and Industrial Development Corporation budget for fiscal year 2000-2001. Councilman Kotrla seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

Councilman Rogers moved to appoint Doak Hartley, Larry Hoelscher, and Barry Rutta to serve a two-year term on the CCIDC Board of Directors. Councilman Churchill seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

Mayor Frnka presented a plaque of appreciation to Dwain Dungen for his service on the CCIDC Board of Directors and thanked him for his dedication and leadership.

10. Consider and Act to Execute a Deed of Dedication for City Right-of-Way in the Texas Crossroads Business Park:

Mayor Frnka recommended that council table action on this item at this time. Councilman Frnka moved to table action on a deed of dedication for city right-of-way in the Texas Crossroads Business Park until additional paperwork is available. Councilman Rogers seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla, and Councilwoman Chandler

The motion passed.

Councilman Churchill questioned if naming a street after a business would set a precedent forfuture businesses. Mr. Dungen stated that this was a normal procedure to name a street after the first business to locate in the park. Councilwoman Chandler moved to approve naming the streets in the Texas Crossroads Business Park Crossroads Boulevard and Great Southern Way. Councilman Rogers seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

12. Consider and Act on a Variance and an Application to Permit a Manufactured Home to be Located at 1505 Sunset:

The property owner was present to answer questions from council. This application contains a request for a variance that had not been included on the previous application. Councilman Rogers moved to approve the application to permit a manufactured home to be located at 1505 Sunset and grant the variance as requested on this permit application. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Rogers, Kotrla and Councilwoman Chandler

ABSTAIN: Councilman Churchill

The motion passed.

Councilman Frnka recommended the manufactured home ordinance be reworked with consideration given to a square footage area rather than strict dimensions, so long as setback requirements are met.

13. Consider and Act on an Application to Permit a Manufactured Home to be Located at 208 Smith Street:

The applicant and the property owner were present to answer questions from council. Councilman Kot rla moved to approve the application to permit a manufactured home to be located at 208 Smith Street.

Councilman Frnka seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Rogers, Kotrla and Councilwoman Chandler

ABSTAIN: Councilman Churchill

The motion passed.

14. Audience to John Axel Regarding the City Ordinance on Permitting Manufactured Homes:

Mr. John Axel appeared before council to discuss the city ordinance on permitting manufactured homes in the city. He stated that some people do not want to live in historical homes even though they could afford it. He also stated that landowners should be able to put any type of home on their land that they choose so long as they keep it up, and there are already laws on the books to take care of property not properly maintained. He said that the City of Columbus is not a plantation where a few people can tell others how and in what to live.

15. Discussion and Action Regarding a Request of the Property Owner Located at 405 Wallace Street to Have His Property Zoned District R Rather Than the Current Zoning Status of District P:

Richard and Beverly Green appeared before council to request having their property at 405 Wallace zoned District R rather than the current District P. Councilman Churchill moved to submit the proposed revision to the Planning and Zoning Commission. Councilman Frnka seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

16. Public Hearing for the Purpose of Receiving Comments on the Water Conservation and Drought Contingency Plan:

The council meeting was recessed and Mayor Frnka opened the public hearing at 7:25 P.M. No one appeared before council to make comment on the Water Conservation and Drought Contingency Plan. There being no comments, the public hearing was declared closed by Mayor Frnka at 7:26 P.M.

Councilman Frnka moved to adopt Ordinance No. 7-00 adopting a Water Conservation and Drought Contingency Plan. Councilman Kotrla seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

18. Consider and Act on the Recommendation of the Nesbitt Memorial Library Advisory Board to Appoint Bob Pickens to the Board:

Councilwoman Chandler moved to approve the appointment of Bob Pickens to the Nesbitt Memorial Library Advisory Board. Councilman Rogers seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

Councilman Rogers moved to appoint Leroy Sebesta as a temporary director to represent the City of Columbus on the Colorado County Water Conservation District Board of Directors. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

20. Consider and Act on the Appointment of Judy Barrett to Fill an Unexpired Term on the Planning and Zoning Commission:

Councilman Frnka moved to appoint Judy Barrett to fill an unexpired term on the Planning and Zoning Commission. Councilman Churchill seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

21. Consider and Act to Conduct the First Council Meeting in October on Tuesday, October 10, 2000 Due to the Columbus Day Holiday:

Councilman Rogers moved to conduct the first council meeting in October on Tuesday, October 10, 2000. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

City Manager Brasher explained that this is a required administrative change being made by the State to all of their contracts. Councilman Kotrla moved to adopt Resolution No. 13-00 authorizing the submission of a contract amendment request for the Community Development Fund contract between the City of Columbus and the Texas Department of Housing and Community Affairs. Councilman Churchill seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

23. Items From Council:

Councilman Churchill stated that he saw the city’s police force in action near his house this week.

Councilman Frnka encouraged everyone to attend the St. Anthony’s Fall Festival on October 8, 2000.

City Manager Brasher reported that the Texas Economic Development Council awarded the City of Columbus and the Columbus Community and Industrial Development Corporation an award for the Texas Crossroads Business Park.

At this time, 7:31 P.M., Mayor Frnka recessed the regular meeting and entered into executive session.

25. Executive Session for Deliberations Regarding Consultation With the City Attorney Pursuant to the Provisions of the Open Meetings Law, Chapter 551, Government Code, Vernon’s Texas Code Annotated, in Accordance with the Authority contained in Chapter 551.071, Regarding Litigation Before the Texas Railroad Commission Involving Gas Utilities Docket:

The executive session was recorded on audio tape and sealed in an envelope marked "September 25, 2000 - Executive Session With the City Attorney Regarding Litigation Before the Texas Railroad Commission Involving Gas Utilities Docket".

26. Return to Open Session for the Purpose of Taking Action Relative to the Executive Session in Reference to a Conference With the City Attorney Regarding Litigation Before the Texas Railroad Commission Involving Gas Utilities Docket:

The executive session was adjourned at 8:35 P.M. and the City Council meeting reconvened in open session. Councilman Rogers moved to authorize the City Attorney to negotiate the terms of the settlement agreement with six other cities in which Columbus would accept $0.10 on the dollar on the audit docket from the Railroad Commission, Columbus would participate with Kleco for the purchase of gas, and Columbus does not and did not incur any legal fees on the settlement negotiation other than the city attorney’s fees. Councilman Kotrla seconded the motion. The vote was as follows:

AYES: Councilmen Frnka, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

There being no further business, Mayor Frnka declared the meeting adjourned at 8:36 P.M.