The City Council of the City of Columbus, Texas met in regular session on Monday, July 9, 2001 at 6:30 p.m., in the Council Chambers of City Hall located at 605 Spring Street, Columbus, Texas, with the following present:

Mayor - Paula Frnka
Mayor Pro-Tem - Ester Chandler
Councilman - Leroy Sebesta
Councilman - Donald T. Churchill
Councilman - Ronnie Rogers
Councilman - DeWayne Kotrla
City Manager - David Stall
City Secretary - Jill Ready

1. Call to Order:

Mayor Frnka called the meeting to order at 6:30 P.M., July 9, 2001.

2. Pledge of Allegiance: Led by Mayor Frnka

3. Consent Agenda:

a. Approval of invoices.
b. Approval of minutes from June 25, 2001 Council Meeting.
c. Approval of financial statements.

Councilman Churchill moved to approve the consent agenda excluding the invoice to Gall’s, Inc. for a digital camera in the amount of $1,244.88. Councilman Sebesta seconded the motion. The vote was as follows:

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

The motion passed.

Councilman Sebesta requested that his suggestion to use the high school football field restrooms and portable toilets during future swim meets be added to the minutes.

4. City Manager's Report:

City Manager Stall reported the following:

The Columbus Police Department participated in the State’s Project ChildSafe on June 30th and distributed approximately eighty free gun locks.

Crime Stoppers has been reorganized into the Colorado County Crime Stoppers.

Installation of stormwater drainpipe resumed on King Drive with 1,374 feet of pipe being laid.

The wastewater treatment plant headworks project is underway. Construction should not have an adverse impact to the continuing operation of the plant.

An application for preliminary plat approval was filed requesting subdivision of a tract of land at Charter and Dewees. The Planning and Zoning Commission approved the preliminary plat as proposed.

The Texas Parks & Wildlife Department is currently reviewing the Mid-Town Park plans and should be finished next week.

The July Fourth Picnic sponsored by the Columbus Chamber of Commerce was a big success. Approximately 125 people were in attendance and participated in the events.

5. Citizen Presentations and Comments:

Ms. Bernice Kahlden requested that council take some type of action to clean up and improve the properties along Fannin between the North River Bridge and the railroad underpass.

Mr. Richard Greene read a prepared statement concerning the proposed gymnasium at the First Baptist Church. He stated that this facility would be over-expansion in the neighborhood and expressed concern about parking problems, boundary setbacks, utility easements, drainage problems, and growth problems.

Ms. Lil Stallman suggested that the First Baptist Church consider buying additional land for the new recreational facility.

Mr. Tom Etheridge stated that he has a strong love for Columbus and believes that the construction of a gymnasium in his neighborhood would cause property values to decrease.

6. Consideration and Approval of Mayor’s Appointment of Maury Stiver, P.E. as City Engineer:

Mr. Maury Stiver, P.E. was present to answer questions from Council. Councilman Kotrla moved to approve the appointment of Maury Stiver, P.E. as City Engineer. Councilwoman Chandler seconded the motion. The vote was as follows:

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

NOES: Councilman Sebesta

The motion passed.

7. Consideration and Approval of Request to Close Washington Street Between Milam and Travis to Vehicular Traffic During the Hours of 5:00 P.M. to 9:00 P.M. Each Day From July 16th to and Including July 20th:

Cynthia Engstrom was present to make the request for street closure and answer questions from Council. She stated that the First United Methodist Church would be having Vacation Bible School with 75 to 100 children in attendance. They would like to close the street between the church and the fellowship hall. Councilwoman Chandler moved to approve the request to close Washington Street between Milam and Travis to vehicular traffic during the hours of 5:00 p.m. to 9:00 p.m. each day from July 16th to and including July 20th. Councilman Rogers seconded the motion. The vote was as follows:

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

The motion passed.

8. Consideration and Statement of Support to the Colorado County Appraisal District for Amendment of the FY-2001 CAD Budget to Include the Purchase of Recommended Computer System Under a Plan Proposed in a Letter Dated June 14, 2001; and Authorizing the Mayor to Send a Letter of Support to the Appraisal District:

Mr. Bill Youens, Chief Appraiser, was present to answer questions from Council. He explained that the Appraisal District has had basically the same system since it’s inception. The new program is currently being used by 24 other districts. According to Mr. Youens, those using this system were very pleased with it. Mr. Youens reported that this expenditure would be paid with the reserve funds that have been built up over the years and then the reserves will be replenished over the next few years.

Councilman Sebesta questioned the need for such a large expenditure and asked if the appraisal district was getting everything out of the existing computer system possible. He also questioned whether other districts were getting everything out of the new system they expected. Councilman Rogers moved to authorize the Mayor to send a letter of support to the Colorado County Central Appraisal District for amendment of the FY-2001 CAD budget to include the purchase of the recommended computer system. Councilwoman Chandler seconded the motion. The vote was as follows:

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

The motion passed.

9. Consideration and Statement of Support to the Colorado County Appraisal District for the Adoption of the FY-2001/2002 CAD Budget as Presented May 8, 2001, a Budget Totaling $606,854.00:

Chief Appraiser Bill Youens reported that the proposed budget shows a 3% increase over the previous year’s budget. Engineering fees and insurance costs are major contributors to this increase. Councilman Sebesta questioned the Chief Appraiser’s salary and asked for a comparison with estimated actual numbers for FY-2000/2001. Councilman Kotrla moved to approve the issuance of a statement of support to the Colorado County Appraisal District for the adoption of the FY-2001/2002 CAD budget totaling $606,854.00. Councilman Sebesta seconded the motion. The vote was as follows:

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

The motion passed.

10. Consideration of an Ordinance to Prohibit Oil or Gas Drilling Operations in the City of Columbus Within 1,500 Feet of Any Property That is Zoned Residential:

City Manager Stall explained that this ordinance is quite common, provides protection for subdivisions, and may be needed to acquire financing for future subdivisions. The ordinance will also be effective in the city’s extra-territorial jurisdiction.

Mr. Bobby Hammond was present to answer questions from council. He stated that he had brought this issue to the City Manager’s attention because the City of Columbus’s ordinance relating to oil and gas drilling is out-dated. He felt it would be beneficial to everyone to include the prohibition of oil and gas drilling operations within the city. Councilman Sebesta spoke against the ordinance stating that he looked upon this ordinance as taking away the mineral rights from owners. Councilman Kotrla said a company could still drill under the city, but this ordinance would just limit placement of the rig and well.

11. Consideration and Approval of a Resolution Approving a Request for an Amendment to Contract #714502 Between the City and the Texas Department of Economic Development as it Pertains to Increasing the Building Size From 4,000 Square Feet to 14,500 Square Feet for Hydro-Test, Inc. at Texas Crossroads Business Park:

Mr. Scott Barley, grant administrator, reported that this Resolution is required by the State. Mr. Barley reported that a larger amount will have to be financed due to the larger building, but the City will have a more marketable asset if Hydro-Test, Inc. were to default. The amounts contributed by the State, the City, and the Industrial Corporation (CCIDC) would all remain the same.

Mr. Larry Hoelscher, treasurer for the CCIDC, gave a brief history of the development of the industrial park and reported that the CCIDC would have enough funds to make the note payments for the Hydro-Test building in case of default.

Mr. David Norborge and Mr. Ray Bartels were present to answer questions from council concerning the cylinder cleaning process.

Councilwoman Chandler moved to approve the Resolution approving a request for an amendment to Contract #714502 between the City and the Texas Department of Economic Development as it pertains to increasing the building size from 4,000 square feet to 14,500 square feet for Hydro-Test, Inc. at the Texas Crossroads Business Park. Councilman Kotrla seconded the motion. The vote was as follows:

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

The motion passed.

12. Consideration and Approval of a Tri-Party Agreement Between Hydro-Test, Inc., Their Project Lender, and the City of Columbus; Such Agreement to Require Notification in the Event of Borrower Default; Providing the City With the Opportunity to Retire Outstanding Balance; Authorizing Lien Not to Exceed Original Amount for Real Estate Improvement; and Providing for Distribution of Foreclosure Sale Proceeds; and, Authorizing the Mayor to Execute Such Agreement:

Councilman Rogers moved to approve a tri-party agreement between Hydro-Test, Inc., their project lender, and the City of Columbus and authorize the Mayor to execute such agreement which requires notification of borrower default, provides the city with the opportunity to retire outstanding balances, authorizes the lien not to exceed the original amount for real estate improvement, and provides for distribution of foreclosure sale proceeds. Councilman Sebesta seconded the motion. The vote was as follows:

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

The motion passed.

13. Consideration and Approval of Amendment to Lease Agreement With Hydro-Test, Inc. to Add Additional Default Provisions Providing That if the Tenant is in Default of the Community and Business Agreement for Economic Development Project or Loans, That the City May Declare the Lease Terminated and Retake Possession of the Premises; and Authorizing the Mayor to Execute Such Agreement:

Councilwoman Chandler moved to approve an amendment to the lease agreement with Hydro-Test, Inc. and authorize the Mayor to execute such agreement to add additional default provisions providing that if the tenant is in default of the community and business agreement for economic development project or loans, that the city may declare the lease terminated and retake possession of the premises. Councilman Rogers seconded the motion. The vote was as follows:

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

The motion passed.

14. Consideration and Approval Authorizing the City Attorney to Take Legal Action Including But Not Limited to Bringing Suit or Seeking Injunctive Relief to Force the Removal of Fencing, Dirt, and Other Obstructions That Are Causing the Diversion of Storm Water From a Drainage Ditch Behind 129 Burford:

Councilman Churchill moved to authorize the City Attorney to take legal action including but not limited to bringing suit or seeking injunctive relief to force the removal of fencing, dirt, and other obstructions that are causing the diversion of storm water from a drainage ditch behind 129 Burford Drive. Councilman Sebesta seconded the motion. The vote was as follows:

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

The motion passed.

15. Items from Councilmembers:

Councilman Sebesta stated that he did not like the notation on the agenda of "limited to statements, items cannot be deliberated by Council". He stated that he looks upon this as a gag order.

Councilman Sebesta also reported that the newspaper had misquoted or misinterpreted what he said at the last meeting concerning taking measurements in the proposed subdivision off of Montezuma. He wants the City to take the measurements not the property owner or subdivider.

16. Announcements:

There were no announcements.

17. Adjournment:

There being no further business, Mayor Frnka declared the meeting adjourned at 8:20 P.M.

 

______________________________

Mayor

ATTEST:

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City Secretary