REGULAR MEETING OF THE TEMPLE CITY COUNCIL

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1 Page 1 of 7 REGULAR MEETING OF THE TEMPLE CITY COUNCIL APRIL 5, 2007 The of the City of Temple, Texas conducted a Regular Meeting on Thursday, April 5, 2007 at 5:00 PM in the Council Chambers, Municipal Building, 2nd Floor, 2 North Main Street. Present: Councilmember Tony Jeter Mayor Pro Tem Martha Tyroch Councilmember Patsy E. Luna Councilmember Russell Schneider Mayor William A. Jones, III I. CALL TO ORDER 1. Invocation Father Tom Chamberlain, Our Lady of Guadalupe Catholic Church, voiced the Invocation. 2. Pledge of Allegiance Mr. Judson Quicksall led the Pledge of Allegiance. II. PROCLAMATIONS & SPECIAL RECOGNITIONS: 3. (A) Absolutely Incredible Kid Day April 11, 2007 Mayor Jones presented a proclamation to Karen Allmen & Camp Fire USA Tejas Council Boys and Girls. Mrs. Allman introduced the Campfire boys and girls present at the meeting. She provided details regarding the Absolutely Incredible Kid Day Luncheon that will be held on April 11, 2007 at the Bell County Expo Center. (B) Recognition of the 12th Anniversary of the Exchange between Temple High School and Gymnasium der Stadt Kerpen and presentation of honorary citizen certificates to visiting German Exchange students. Mayor Jones presented this proclamation in recognition of the German Exchange Student Program. Mayor Jones also presented each student with an Honorary Citizen Certificate and lapel pin from the City of Temple. (C) Recognition of individuals and businesses for their support of various fall and winter events sponsored by the Parks and Leisure Services Department.

2 Page 2 of 7 Ken Cicora, Director of Parks and Leisure Services, recognized the following businesses, individuals and organizations for their support of various Parks events and programs during the fall and winter. He also recognized his staff for their hard work and dedication. Schlotzsky s Deli & Maggie Moos Temple Chamber of Commerce, Jim Thigpen, Kendall Young, Tony Hennes, Amateur Radio Club, Red Carpet Ambassadors, Community Emergency Response Team (Christmas Parade) Senior Citizens, Inc. (Jack Morris) HEB CAC (Terri Matthew) Bekah Alcozer - 9 year old athlete taking part in the Punt, Pass & Kick Competition and took 3rd place in the national competition III. PUBLIC COMMENTS There were no public comments. IV. CONSENT AGENDA 4. Consider adopting a resolution approving the Consent Agenda items and the appropriate resolutions for each of the following: (A) March 15, 2007 Regular Meeting (B) R: Consider adopting a resolution authorizing a one year renewal to the professional services agreement with City-County Benefits Services (CCBS) for employee benefits consulting services at an annual cost of $25,200. (C) R: Consider adopting a resolution authorizing a professional services agreement with Kasberg, Patrick & Associates, LP, (KPA) for engineering services required to construct Rail Spur Phase Two within the proposed industrial rail park in an area north of NW Loop 363 within the TIF Reinvestment Zone #1 for a total proposed fee of $298,400 and declare an official intent to reimburse this expenditure made prior to the issuance of taxexempt obligations for this project. (D) R: Consider adopting a resolution authorizing a contract with Black Topper of Blanco for the FY 2007 Seal Coat Program based upon a unit price of $1.599 per square yard. (E) R: Consider adopting a resolution authorizing a construction contract with Dixon Paving, Inc. of Temple for construction of Pepper Creek Drainage Improvements (Westfield Detention Pond) in the amount of $401,356. (F) R: Consider adopting a resolution authorizing a construction

3 Page 3 of 7 contract with Alpha Constructors of Temple to repair and renovate the hot tubs at the Summit Fitness and Recreation Center in the amount of $31,557. (G) R: Consider adopting a resolution authorizing a contract with Leslie Sagar & Associates, LLC for professional planning and design services to assist the City of Temple with the following tasks in the not to exceed amount of $78,441: 1. Development planning of the Western Aviation Campus of the Reinvestment Zone located adjacent to the east side of Draughon- Miller Central Texas Regional Airport; and 2. Planning for the undeveloped property at the Airport, particularly on the east side of the Airport, so that it is coordinated with the development of the Aviation Campus of the Reinvestment Zone. (H) : SECOND READING - Consider adopting an ordinance reestablishing a curfew for minors. (I) : SECOND READING - Z-FY-07-26: Consider adopting an ordinance authorizing an amendment to the South Temple Comprehensive Plan to reflect regional commercial uses on a 0.56 acre and a acre tract of land in Lot 1, Block 1, Green Acres, located at SE H K Dodgen Loop and 3305 Little River Road : SECOND READING - Z-FY-07-21: Consider adopting an ordinance authorizing a zoning change from Agricultural District to Commercial District on a 0.56 acre and a acre tract of land in Lot 1, Block 1, Green Acres, located at SE H K Dodgen Loop and 3305 Little River Road. (J) : SECOND READING - Z-FY-07-25: Consider adopting an ordinance authorizing an amendment to the West Temple Comprehensive Plan s Future Land Use Map from Agriculture to Neighborhood and Community Retail on a acre tract of land in Outblock 1102-D, City Addition, located on the north side of F.M (West Adams Avenue), west of the planned Outer Loop (Hilliard Road) and north of Meadowbrook Drive : SECOND READING - Z-FY-07-22: Consider adopting an ordinance authorizing a zoning change from Agricultural District to General Retail District on a acre tract of land in Outblock 1102-D, City Addition, located on the north side of F.M (West Adams Avenue), west of the planned Outer Loop (Hilliard Road) and north of Meadowbrook Drive. (K) : SECOND READING - Z-FY-07-24: Consider adopting an ordinance authorizing an amendment to the South Temple Comprehensive Plan

4 Page 4 of 7 to reflect Regional Commercial uses on a 3.08 acre tract of land in Outblocks 1058-A and 1060-A, City Addition, located on the west side of State Highway 95, north of Barnhardt Road, and across from the John Deere Tractor and Equipment Store on State Highway : SECOND READING - Z-FY-07-23: Consider adopting an ordinance authorizing a zoning change from Agricultural District to Commercial District on a 3.08 acre tract of land in Outblocks 1058-A and 1060-A, City Addition, located on the west side of State Highway 95, north of Barnhardt Road, and across from John Deere Tractor and Equipment Store on State Highway 95. (L) R: Consider adopting a resolution dedicating an approximate acre tract of City owned land at Freedom Village, off Old Waco Road, as City park land. (M) R: Consider adopting a resolution dedicating one City owned lot in Echo Vista Development, off of South 5th Street, as City park land. (N) R: Consider adopting a resolution declaring the candidates for the May 12, 2007 District 1 member and District 4 City Councilmember election as unopposed and elected to office, thereby canceling the May 12, 2007 City general election. (O) R: Consider adopting a resolution authorizing continuing participation with the Steering Committee of Cities Served by TXU; and authorizing the payment of 10 cents per capita, $5,451.40, to the Steering Committee to fund regulatory and other activities related to TXU Electric Delivery. (P) R: Consider adopting a resolution authorizing a $2,500 contribution to a steering committee of cities studying the effects of sexuallyoriented businesses that do not provide on-premise entertainment. (Q) R: Consider adopting a resolution authorizing budget amendments for fiscal year Motion by Councilmember Russell Schneider to adopt resolution approving Consent Agenda, seconded by Mayor Pro Tem Martha Tyroch. V. REGULAR AGENDA ORDINANCES

5 Page 5 of : FIRST READING - PUBLIC HEARING - Z-FY-07-04: Consider adopting an ordinance amending an existing Planned Development District (PDD, Ordinance No ) with a zoning change from Single Family One (proposed Lot 1, Block 2, Stonegate III Subdivision) and Two Family (proposed Lot 1, Block 1, Stonegate III Subdivision) to a PDD Neighborhood Service (NS) on ± 2.11 acres in Outblock 6060-B, City Addition in the proposed Stonegate III Subdivision. Tim Dolan, Planning Director, gave a brief presentation of this item to the City Council. He explained that Single Family One and Two Family was previously approved for this property. The request is now for consideration of a Planned Development District Neighborhood Service. He explained the site plan evaluation criteria and the adequacy of public faciliites and thoroughfares. Three notices were sent to surrounding properties, with one being returned in favor of the rezoning request and none in opposition. Mr. Dolan recommended approval of the rezoning, including the 15 foot rear yard setback. Mayor Jones declared the public hearing open with regard to agenda 5 and asked if anyone wished to address this item. There being no comments, Mayor Jones closed the public hearing. Motion by Mayor Pro Tem Martha Tyroch to adopt ordinance, with second reading set for April 19, 2007, seconded by Councilmember Patsy E. Luna : FIRST READING - PUBLIC HEARING - Consider adopting an ordinance amending the Tax Increment Financing Reinvestment Zone No. 1 Financing Plan for FY to include redesignation of projects within the Project Plan, bond proceeds, future year bond payments, and the following new projects: (A) Railroad spur extension to Wendland Road to enable the development of rail sites along Wilsonart Drive; (B) Bioscience Park infrastructure development to enable the recruitment of bioscience businesses to the park; (C) Airport Park infrastructure development to facilitate development of the area east of the airport; (D) Southeast Industrial Park infrastructure development in the area of Lorraine Avenue to open up sites in this park. Traci Barnard, Finance Director, gave a brief presentation of this item to the Council.

6 Page 6 of 7 She introduced Perry Cloud, Chair of the Tax Increment Financing Reinvestment Zone No. 1 Board of Directors, to provide an overview of the projects. Mr. Cloud reviewed the following projects: Railrod spur extension to Wendland Road; Bioscience Park infrastructure development; Airport Park infrastructure development; and Southeast Industrial Park infrastructure development. He discussed the project timelines and costs, noting completion of these projects will provide shovel ready lots for Temple Economic Development Corporation to market to prospective clients. Following that review, Mrs. Barnard reviewed the components of the financing plan amendment being proposed to fund these projects. The financing plan focuses on 4 years, although the plan covers the life of the Zone, through She discussed the proposed bond issue, a $9.1M Combination Tax & Revenue Bond issue, which includes issuance costs and project contingencies. The closing date for the sale of the bonds would be October Mrs. Barnard also summarized other proposed amendments to the financing plan for non-bond projects, as well as fund balance projections through Mayor Jones declared the public hearing open with regard to agenda 6 and asked if anyone wished to address this item. There being no comments, Mayor Jones closed the public hearing. Motion by Mayor Pro Tem Martha Tyroch to adopt ordinance, with second reading set for April 19, 2007, seconded by Councilmember Patsy E. Luna. RESOLUTIONS R: Consider adopting a resolution authorizing a contract with a consultant to assist the City in preparing an application for "Pass Through Financing" with the Texas Department of Transportation (TxDOT), and to serve as project manager for a related construction project for improvements to Loop 363 in west Temple, and declare an official intent to reimburse this expenditure made prior to the issuance of tax-exempt obligations for this project. David Blackburn, City Manager, stated the staff is still negotiating with the two firms interviewed. He recommended this item be tabled until the next Council meeting. Motion by Councilmember Patsy E. Luna to table agenda item 7, seconded by Councilmember Russell Schneider. BOARD APPOINTMENTS

7 Page7 of R: Consider adopting a resolution appointing members to the following City boards and commissions: (A)Tree Board - five members and two ex officio members The following appointments were recommended: Keep Temple Beautiful - Allen Einboden (2 year term) Blackland Research and Extension Center - Dr. Dennis Hoffman (2 year term) Parks & Leisure Services Advisory Board - Jack Barton (1 year term) Planning & Zoning Commission - Lloyd Thomas (1 year term) At large - David Lockwood (3 year term) Motion by Councilmember Patsy E. Luna to adopt resolution, seconded by Mayor Pro Tem Martha Tyroch. (B) Temple Public Safety Advisory Board - one member to fill unexpired term through September 1, 2008 (C) Civil Service Commission - one member to fill unexpired term through September 1, 2008 Mayor Jones asked that items 8 (B) and (C) be deferred to the next Council meeting. Before the meeting was adjourned, Mayor Pro Tem Tyroch thanked Mr. Bruce Butscher and the Public Works staff for their efforts during the recent water line break. She also congratulated Councilmember Jeter and Councilmember Schneider for their re-election to the. ATTEST: William A. Jones, III, Mayor Clydette Entzminger City Secretary

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