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184. Regular Meeting August 12, 2002 Page 11 and the City does not have right-of-way, and if Burkett was to move these benches back, then they are affected by the Sign Ordinance. Randy Burkett, President of Burkett Transit Advertising, Inc., stated on state roads they have moved the benches off the State right-of-way and now on private right- of-way. Mr. Mihalkanin stated he has received several complaints regarding the placement of the benches and the lack of shade. Mayor Habingreither inquired as to the ramification of the agreement. Ms. Russell stated the agreement has a thirty day ramification, and the agreement also calls for a ten day period to correct a location. Mr. O'Leary stated the agreement was for fifty shelters and seventy benches. Mr. Burkett stated presently there are nine shelters and seventy benches. Mr. Mihalkanin stated he would like to discuss this item with legal staff in Executive Session. Mr. Mihalkanin also stated if Mr. Burkett has other alternatives to the agreement, then he would like them in writing. Mr. Burkett stated he is willing to work with the Council and Staff to come up with alternatives to comply with the agreement. Mayor Habingreither introduced the City Council's Report. Ms. Narvaiz stated she wished to thank Ms. Tatum for the great job she and the Boys and Girls Club did on National Kids Day. Mayor Habingreither introduced for consideration an addendum, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DESIGNATING THE PLANNING AND ZONING COMMISSION AS THE CITY'S CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FOR IMPACT FEES; AND DECLARING AN EFFECTIVE DATE. Mr. Taylor moved for adoption of the Resolution, and Ms. Tatum seconded the motion. Mr. Patterson stated the City is facing deadlines with the new State Law for impact fee study. He also stated this Resolution would provide the City's Planning and Zoning Commission to act as the capital improvement advisory committee, and appoint a ad hoc voting member who is representative of real estate, development or building industry. The Council then voted unanimously for the adoption of the Resolution. Mayor Habingreither introduced Item S.C., a temporary appointment to the Planning and Zoning Commission (regarding the Impact Fees Advisory Committee). Mr. Taylor moved to appoint Randy Rogers. Mr. Patterson stated he was not sure Dr. Rogers would qualify as a developer since he was primarily a medical doctor. Mr. Taylor withdrew his motion. Ms. Narvaiz moved to appoint Fred Terry (real estate) and Mr. Taylor seconded the motion, which passed unanimously. Mayor Habingreither introduced an Executive Session pursuant to the Government Code, Section 551.071, to seek the City Attorney's advice regarding pending litigation, contemplated litigation, a settlement offer, or a matter involving attorney-client privilege (Ethics Review Commission).