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75 Regular Meeting March 24, 1997 Page 7 MATTERS; AND DECLARING AN EFFECTIVE DATE. Mr. Mihalkanin moved for adoption of the Resolution and Ms. Hughson seconded the motion. Ms. Hughson asked how this was being funded. Mr. Taylor stated this was being funded with surface water bond funds. Mr. Guerra asked how much money had been paid since 1989. Mr. Taylor stated approximately $400,000. Mayor Moore stated due to the total expense of this lawsuit for everyone involved, $400,000 is a minimal amount of money. Mr. Guerra stated he feels everyone loses. On roll call the following vote was recorded: AYE: Mihalkanin, Hughson, Hart, Moore. NAY: Guerra. ABSTAIN: None. Mayor Moore introduced for consideration removing a Resolution from the table, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE WAIVER OF CERTAIN DEVELOPMENT FEES FOR HABITAT FOR HUMANITY-SAN MARCOS, AND DECLARING AN EFFECTIVE DATE. Ms. Hughson moved to remove the Resolution from the table and Mr. Hart seconded the motion, which passed unanimously. Ms. Hughson moved for adoption of the Resolution and Mr. Hart seconded the motion. Mr. Guerra asked who owned the property. Mr. Gilley stated Habitat for Humanity. Mr. Guerra asked why Andy Zamora's name was on the form. Mr. Taylor stated it was a mistake and Mr. Zamora's name should not have been mentioned on the form. Larry Hanson, President-Habitat for Humanity, stated Mr. Zamora had no interest in Habitat for Humanity and he would simply purchase the property upon completion. Mr. Gilley explained the permit application could be changed administratively to show the owner of the property as Habitat for Humanity. Mayor Moore asked if the property purchased by Habitat for Humanity was City owned property. Mr. Gilley stated that was correct; however, the City could not donate property by state law, and had to sell the property by due process. Mr. Hanson stated Habitat for Humanity could not accept government funds; however, they could accept local and government funds for the specific purpose of obtaining land for utilities. Mr. Guerra asked if 315 Armstrong Street was owned by the City or had been in the past. Mr. Hanson stated that property-is owned by Habitat for Humanity and was purchased from the City. Discussion ensued. Mr. Mihalkanin asked if the ownership of the property was identified during the permit application process. Mr. Patterson stated the application has a statement of property ownership and staff checks the information for accuracy. Mayor Moore stated the staff recommended the impact fees and the new account fee deposits not be waived because they go toward future water/wastewater infrastructure for the City. Mr. Hart suggested request for waiver of fees be made prior to completion of the permit process. The Council then voted unanimously for adoption of the Resolution. Mayor Moore introduced for consideration approval to change the date of the Regular Council Meeting in May due to Memorial Day Holiday. Ms. Hughson moved to change the date of May 26, 1997 to May 19, 1997, and Mr. Mihalkanin seconded the motion, which passed unanimously. Mayor Moore introduced for consideration approval of the fiscal year 1995-1996 Audit. Ms. Hughson moved for approval of the Audit and Mr. Mihalkanin seconded the motion. Mr. Gilley stated he felt this was a very good report. The Council then voted unanimously for approval of the 1995-1996 Audit. Mayor Moore introduced a discussion regarding Board and Commission meeting attendance requirements. Ms. Hughson stated she requested this item be reviewed by the City Council because of the quarterly meeting dates for CTHEA. Ms. Hughson recommended if a Board or Commission meets quarterly and the members miss more than one meeting a year, they will be removed from the Board. Mr. Taylor stated he would make the amendment to the Ordinance and bring it to the Council for approval at the next scheduled meeting.