The City Council of the City of Columbus, Texas met in regular session on Tuesday, October 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., October 9, 2001.

The invocation was given by Pastor John Hunsicker of St. Paul Lutheran Church and the Pledge of Allegiance was led by Mayor Frnka.

3. Consent Agenda:

a. Approval of invoices.
b. Approval of minutes from September 24, 2001 Council Meeting.
c. Approval of financial statements.

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

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

The motion passed.

City Manager Stall reported the following:

An agreed temporary restraining order was issued restraining the First Baptist Church from constructing their proposed building or interfering with their neighbor’s utilities. The restraining order does not interfere with the City’s review of the plans, which is on hold pending First Baptist Church providing additional information that was requested. No permit will be issued until the additional information is provided and reviewed.

On October 5^th an appeal was received addressed to the Board of Adjustments concerning the First Baptist Church, but at this time, there is no order, requirement or decision to appeal.

The City has the opportunity to make the private road easement between Columbus Ford and the Pizza Hut/Guadalajara strip center into a public street. It meets all requirements for a city street and would immediately cost $2,000 to repair the street surface. Then the City could maintain the street.

Mr. Harry Henkhaus has advised the Appraisal District that he is not interested in serving another term as the city and school’s representative. A replacement will need to be found for this position.

City crews were able to enter the Voskamp property during the past week and cleaned out the drainage ditch from Montezuma to Columbus Loop.

The screen auger installation was completed last week and will be a real benefit once all of the kinks are worked out.

A MidTown Park meeting will be held tomorrow and questions will be asked concerning increases in project costs.

5. Citizen Presentations and Comments:

No citizens appeared before council at this time.

6. Consider and Act on Application to Permit a Manufactured Home to be Located at 1037 Bonham Street:

Councilman Kotrla moved to approve the application to permit a manufactured home to be located at 1037 Bonham Street. Councilman Sebesta seconded the motion. The vote was as follows:

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

The motion passed.

7. Presentation to City Council by Dennis Hartley of the Baseball Field Restoration Requesting Funding and Assistance for Installation of Field Lights on the City’s Memorial Park Baseball Field:

Mr. Hartley informed council that the restoration committee had been approached by a donor who would like to contribute $65,000 toward the lighting project. The total turnkey cost of the project would be about $109,000. With in-kind services to project could be reduced to about $89,000. The School Board has agreed to contribute $23,000 toward the project and do some of the electrical work. San Bernard Electric has agreed to remove the existing light poles. Mr. Hartley asked for a commitment from the city toward this project. It was the consensus of council to provide the trenching and conduit for the project at an approximate cost of $5,000.

8. Consideration and Action to Enter Into a Contract Between the City and the Columbus Convention and Visitors Bureau to Administer Local Hotel Occupancy Taxes to Develop and Promote Tourism:

City Manager Stall reported that this is the same contract as in the previous year with dates changed. Councilman Sebesta moved to authorize city management to enter into a contract between the City and the Columbus Convention and Visitors Bureau to administer local hotel occupancy taxes to develop and promote tourism. Councilman Rogers seconded the motion. The vote was as follows:

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

The motion passed.

9. Consideration and Action to Enter Into a Contract Between the City and Cleco Energy for the Purchase of Wholesale Natural Gas:

City Manager Stall reported that he had met with the City Attorney and had made minor changes to the contract as presented at the previous meeting. City management is satisfied with the contract as changed. Councilman Rogers moved to authorize city management to enter into a contract between the City and Cleco Energy for the purchase of wholesale natural gas. Councilman Kotrla seconded the motion. The vote was as follows:

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

The motion passed.

10. Consideration and Action to Approve the Columbus Community and Industrial Development Corporation Budget for FY 2001/2002:

Councilwoman Chandler moved to approve the Columbus Community and Industrial Development Corporation budget for fiscal year 2001/2002. Councilman Sebesta seconded the motion. The vote was as follows:

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

The motion passed.

11. Consideration and Action to Adopt an Ordinance Settling and Releasing Claims Against Central Power and Light Company Concerning Franchise Fee Payment; Providing No Pass Through of Settlement Amounts; and, Specifying Terms for Future Franchise Payments:

City Manager Stall informed council that the City of Edinberg challenged Central Power and Light on a class action suit concerning franchise fees. As a result of this suit the City of Columbus would received $35,493.15. If the City accepts this settlement it agrees to release Central Power and Light of any further liability related to this claim. Also, future franchise tax calculations will be based on kilowatts used instead of revenue earned. Councilman Rogers moved to adopt an Ordinance settling and releasing claims against Central Power and Light Company concerning franchise fee payment; providing no pass through of settlement amounts; and specifying terms for future franchise payments. Councilwoman Chandler seconded the motion. The vote was as follows:

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

The motion passed. A copy of the Ordinance follows these minutes.

Councilwoman Chandler thanked City Manager Stall for working with the school district on their crisis management plan.

Mayor Frnka reported that a letter had been sent to clubs and other organizations asking for participation in "Make a Difference Day" on October 27^th to improve the appearance of Columbus. Mayor Frnka reminded council of a driving tour sponsored by the Columbus Convention and Visitors Bureau on October 20^th and the Tri-Cities meeting in Weimar on October 25^th.

City Manager Stall invited council to the Guadalupe Valley Utility Association meeting to be held at the Columbus Fire Station on October 18^th.

14. Adjourn Into Executive Session as Authorized by Texas Government Code Section 551.071 for Private Consultation With Attorney to Seek Advice on Pending Litigation and Legal Matters; and, Section 551.074 for Deliberations About Personnel Matters (Six-Month Review of City Manager’s Performance):

Mayor Frnka recessed the regular council meeting at 6:57 p.m. and entered into executive session.

The executive session was recorded on audio tape and sealed in an envelope marked "Executive Session for deliberations about personnel matters (six-month review of city manager’s performance)".

The executive session adjourned at 7:31 p.m. and Mayor Frnka returned to open session. No action was taken concerning the executive session.

There being no further business, Mayor Frnka declared the meeting adjourned at 7:33 p.m.

______________________________

Mayor

ATTEST:

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City Secretary