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1998-03-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF —�. PEARLAND, TEXAS, HELD ON MARCH 9, 1998 AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Richard Tetens Larry Wilkins Kevin Cole William Berger Paul Grohman Amy McCullough Young Lorfing Others in attendance: Project Coordinator Alan Mueller; City Engineer John Hargrove; Director of Finance David Castillo; Parks & Recreation Director Ed Hersh; Assistant City Attorney Darrin Coker; Assistant Director of Finance Cindy Soto; Planning and Community Development Director Dennis Smith; Public Works Director Jerry Burns; Assistant Chief of Police Chris Doyle; Purchasing Officer Gordon Island; and Advanced Intern Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Councilmember Berger. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve the minutes of the February 23, 1998 Joint Public Hearing held at 6:30 p.m., the minutes of the February 23, 1998 Regular Council Meeting held at 7:30 p.m., and the minutes of the March 2, 1998, Special Council Meeting held at 7:00 p.m. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Page 1 of 13 - 3/9 MAYOR'S ACTIVITY REPORT: Mayor Reid and Mayor Pro -Tem Beckman presented a proclamation to members of the Association of Retarded Citizens "ARC" proclaiming the month of March "Mental Retardation Month". President of the Pearland Historical Society, John "Mickey" Marks presented a $1300 donation to the City for memorial oak trees to be planted in the "Old Settlers" cemetery. Mayor Reid reported that on February 26 he attended the Deer Park Chamber Luncheon where State Comptroller John Sharp was the speaker; February 27 he attended the St. Andrews Episcopal Church Community Meeting regarding a community survey of the City's needs and he attended Court Bailiff Joe Barnett's Retirement Party; March 2 he attended the AARP monthly meeting; March 4 he attended the Chamber Luncheon and the "Men Who Cook" planning meeting; March 5 he attended the Texas Association of Regional Councils and on March 6 he attended Quarterly Board of Directors Meeting. COUNCIL'S ACTIVITY REPORTS: Councilmember Wilkins reported that on February 28 the Lion's Club had a Casino Night and through the great participation of the citizens they raised over $12,000 for Lion's Club Charities; March 4 he attended the "Men Who Cook" planning meeting and stated that he is fixing his famous green beans and urged everyone to come out to the fund raiser on April 24 at the Community Center. Councilmember Tetens stated that he does not have anything to add. He said he was cooking shrimp etoufee for the fund raiser. Mayor Pro -Tem Beckman reported that on February 24 she attended the planning committee meeting for the Household Hazardous Material Collection Day which will be on April 18; February 25 she was interviewed by a high school student who was doing a paper on local government; February 26 she attended the Retirement Reception for Joe Barnett; March 2 she attended the PEDC Board Meeting; March 5 she attended the United Way of Brazoria County Annual Meeting. Councilmember Berger congratulated the Pearland High School Varsity Basketball Team for making the state playoffs. Councilmember Cole suggested that the City have an article on how economic development works in the next quarterly newsletter. Page 2 of 13 - 3/9 CITY MANAGER'S REPORT: City Manager, Paul Grohman, stated that March is "Amnesty Month" in the Municipal Court and reported that the new 800 trunking radio system is up and running. Mr. Grohman introduced the Purchasing Officer for the City, Gordon Island and gave a brief presentation regarding economic development. CITIZEN'S: Sherrie Nelson, 1505 Sweet Gum Court, addressed Council regarding the turning lane at Dixie Farm Road and 518. She stated that it has been widened on one side, but it is not wide enough on the Exxon and Chevron side. She stated as a result, cars back up about a half of a mile. She further stated that there is only enough room for two vehicles. The police department has been giving tickets for illegal passing when crossing the double yellow stripes. She stated that fhe road needs some adjustment at that area, and asked if there is anything that could be done. UNFINISHED BUSINESS: COUNCIL ACTION MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO. 509-182. Councilmember Cole made the motion, seconded by Councilmember Berger to remove from the table, Ordinance No. 509-182. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING A PARCEL OF LAND CONTAINING 9.901 ACRES, A PORTION OF LOT 40 OF THE ALLISON RICHEY GULF COAST HOME CO. AND FROM THE H.T.&B.R.R. SURVEY, SECTION 85, A-304, AS RECORDED IN VOL. 2, PG 107, OF THE DEED RECORDS OF BRAZORIA CO, TX. (APPLICATION NO. 242) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF KIM DURRETT, OWNER, PROVIDING FOR Page 3 of 13 - 3/9 �3 AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Cole made the motion, seconded by Councilmember Berger to amend Ordinance No. 509-182 (Application No. 242) to reflect the new classification of zoning from Suburban Development (SD) to be General Business (GB) at the request of Kim Durrett, owner. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 242). Planning and Development Director, Dennis Smith, addressed Council and stated that an alternative to zoning this property Commercial would be to zone it as General Business, because of the office building, and the concrete works would be classed as a non -conforming use. He further stated that the applicant wants to change her application to General Business. City Attorney, Amy McCullough stated that she would amend the Ordinance to reflect the General Business classification for its second reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. X. NEW BUSINESS: RESOLUTION NO. R98-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 AUTHORIZING THE ISSUANCE OF $4,140,000.00 UNLIMITED TAX REFUNDING BONDS, SERIES 1998A. Councilmember Berger made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-26. Craig Rathman with Dane Rauscher, Inc. addressed Council and stated that they are interested in proceeding with financing of the bonds. He said they can save a significant amount of money; about six percent. He further stated that the market conditions are very favorable for the savings. The savings will result in excess of a two cent reduction Page 4 of 13 - 3/9 on the tax rate for the district. Mr. Rathman requested Council's approval of this Resolution. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1997, BY LAIRSON, STEPHENS, REIMER, P.C., AND ACCEPTANCE OF AUDIT INTO THE RECORDS OF THE CITY. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to accept the Audit into the records of the City for fiscal year ending September 30, 1997 as presented by Bob Stephens with Null Lairson Certified Public Accountants, P.C. Bob Stephens with Null Lairson Certified Public Accountants addressed Council and stated that the firm has changed. They have recently bought another firm in Pearland and will now have an office here. Mr. Stephens presented the Audit to Council, and stated that they gave the City an unqualified opinion, which means that the Auditor did not find any material differences between the financial information the City presented and the information that was reported in the audit. Mr. Stephens said that this is the first time in six or seven years that there is not any negative management to report. He said they continue to see solid growth in both revenues and fund balance for the City and that means the City is on very sound financial grounds. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "Non None. Motion Passed 5 to 0. RESOLUTION NO. R98-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT") FOR PURPOSES OF INVESTING CITY FUNDS IN STATE AUTHORIZED SECURITIES. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve Resolution No. R98-27. Page 5 of 13 - 3/9 M Director of Finance, David Castillo, reviewed the Investment Policy and addressed the minor changes in the policy. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. RESOLUTION NO. R98-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILROAD FOR PURPOSES OF CONSTRUCTING THE MYKAWA ROAD -MAIN STREET CONNECTOR OVERPASS. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-25. City Manager, Paul Grohman, stated that this is an agreement with Burlington Northern and Santa Fe Railroad that will allow us to construct over their right of way with our new overpass. It also provides that they give $225,000 to the City for the construction of that overpass. Upon completion of the overpass they will assist us with the cost to closing Knapp Road. He further stated that it is a reasonable documents and recommended its approval. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BRACKET DRIVE IN A SOUTHWESTERLY DIRECTION AT ITS INTERSECTION WITH GATECREEK DRIVE, UPON BRACKET DRIVE IN A NORTHEASTERLY DIRECTION AT ITS INTERSECTION WITH GATECREEK DRIVE (OAKBROOK ESTATES, SECTION 3); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT Page 6 of 13 - 3/9 INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Cole made the motion, seconded by Councilmember Berger to approve Ordinance No. 839 on its first and only reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. City Attorney, Amy McCullough, informed Council that Ordinance No. 509-185 (Application No. 246) and Ordinance No. 509-186 (Application No. 250) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-185 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING A PARCEL OF LAND IN THE SOUTH '/ OF LOT 18, ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TX (13619 MAX ROAD) (APPLICATION NO. 246) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JUAN JORGE & MARIA A. RODRIGUEZ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. FIRST READING OF ORDINANCE NO. 509-186 - AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING LOT 16, BLOCK 1, OF SKYWAY MANOR SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOL 7, PG. 67, OF THE PLAT RECORDS OF BRAZORIA CO., TX (3011 PIPER ROAD)(APPLICATION NO. 250) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF BEVERLY RUFFIN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING Page 7 of 13 - 3/9 A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance No. 509-185 (Application No. 246) and Ordinance No. 509-186 (Application No. 250) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 246). Mayor Reid called for the vote on Ordinance 509-185 (Application No. 246) pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. Mayor Reid called for the vote on Ordinance 509-186 (Application No. 250) pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-187 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING AN 84.00 ACRE TRACT LOCATED IN THE H.T.&B.R.R. CO. SURVEY, A-309 AND BEING OUT OF A CALLED 160 ACRE TRACT DESCRIBED IN VOL. 1144, PG. 590, BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 275) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF PATRICIA D. KNUDSON & ASSOCIATES, AGENT FOR BEAZER HOMES TEXAS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Page 8 of 13 - 3/9 Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-187 (Application No. 275) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 275). Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-188 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING A 0.25 ACRE TRACT OUT OF LOT 74, FIGLAND ORCHARD SUBDIVISION, IN THE H.T.&B.R.R. CO. SURVEY, A-240, BRAZORIA CO., TX (15031 HARKEY ROAD)(APPLICATION NO. 255) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOSE R. DELACERDA, JR., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Councilmember Cole to approve Ordinance No. 509-188 (Application No. 255) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 255). Mayor Pro -Tem Beckman asked if this was the property where there was some discussion about the activity blocking the view of the school children. City Manager, Paul Grohman, stated that it is the property, however, zoning is not the issue; the issue is the number of cars and how they park. Mr. Grohman stated he was by there today and it looked real good. The problem is when they use the right -of- way for parking; there are several ways to enforce the proper zoning. So far, a good word of encouragement has helped. Voting "Aye" Councilmembers Cole, Beckman, Tetens, and Wilkins. Page 9 of 13 - 3/9 Voting "No" Councilmember Berger. Motion passed 4 to 1. City Attorney, Amy McCullough, informed Council that Ordinance No. 509-189 (Application No. 238) and Ordinance No. 509-190 (Application No. 239) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-189 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON A TRACT OF LAND, OUT OF LOT 19, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H.T. & B. R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4808 MAIN STREET)(APPLICATION NO. 238) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF THOMAS W. & CANDACE M. DEWEY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. FIRST READING OF ORDINANCE NO. 509-190 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON A 3.0 ACRE TRACT OF LAND, OUT OF LOT 19, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H.T.&B.R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4818 MAIN STREET)(APPLICATION NO. 239) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF THOMAS W. & CANDACE M. DEWEY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinance No. 509-189 (Application No. 238) and Ordinance No. 509-190 (Application No. 239) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation Page 10 of 13 - 3/9 to approve (Application No. 238). Mayor Reid called for the vote on Ordinance 509-189 (Application No. 238) pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. Mayor Reid called for the vote on Ordinance 509-190 (Application No. 239) pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 254) AT THE REQUEST OF ALEJANDRO & CARMEN JASSO, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: BEING 0.155 ACRES SITUATED IN THE WEST % OF THE NORTHWEST % OF THE NORTHEAST % , SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TX (2721 MORENCI STREET). Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to table action on this item until the staff can contact the property owner to see if they would like to revise their application to an R-1. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: Page 11 of 13 - 3/9 Council adjourned into Executive Session under Texas Government Code at 9:08 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING ACQUISITION OF REAL PROPERTY FOR PARKS AND/OR DETENTION AND OTHER PUBLIC FACILITIES. 2. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION OF CITY COUNCIL EMPLOYEES. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:31 p.m. COUNCIL ACTION -ADDITIONAL DIRECTION TO STAFF REGARDING ACQUISITION OF REAL PROPERTY FOR PARKS AND/OR DETENTION AND OTHER PUBLIC FACILITIES. Councilmember Cole made the motion, seconded by Councilmember Berger to authorize the City Manager or his designee to negotiate the acquisition of real property for parks and/or detention and other public facilities not to exceed amounts discussed in executive session. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - REGARDING CITY COUNCIL EMPLOYEES AS A RESULT OF DISCUSSION IN EXECUTIVE SESSION. Councilmember Cole stated that he would be making three motions. Councilmember Cole made the motion, seconded by Councilmember Berger to accept City Attorney Amy McCullough's resignation in accordance with the terms discussed in executive session and authorize the Mayor to finalize the agreement on behalf of the City Council for the City. Page 12 of 13 - 3/9 Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" Councilmember Tetens. Motion passed 4 to 1. Councilmember Cole made the motion, seconded by Councilmember Tetens to authorize the Mayor on behalf of the City Council to advertise for the position of City Attorney. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None. Motion passed 5 to 0. Councilmember Cole made the motion, seconded by Councilmember Tetens to authorize the Assistant City Attorney to assume all duties and responsibilities of the City Attorney on an interim basis. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None. Motion passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:34 p.m. Minutes approved as submitted and/or corrected this the March , A.D., 1998. ATTEST: 23rd Tom Reid Mayor Page 13 of 13 - 3/9 day of