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Home My WebLink About08/27/1998 - Workshop Minutes City CouncilCITY OF COLLEGE STATION Mayor Lynn Mcllhaney Mayor Pro Tempore David Hickson City Manager George K. Noe City Council Steve Esmond Ron Silvia Swiki Anderson Larry Madott Anne Hazen MINUTES WORKSHOP MEETING COLLEGE STATION CITY COUNCIL Thursday, August 27, 1998 at 3:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Hickson, Councilmembers Hazen, Silvia, Esmond, Anderson COUNCILMEMBER ABSENT: Mariott STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, City Attorney Cargill, Jr., City Secretary Hooks, Interim Budget Director Kersten, Finance Director Cryan, Management Assistant Broussard, Personnel Director Pavlinski, Fire Chief Giordano Mayor Mcllhaney opened the meeting at 3:10 p.m. Agenda Item No. 1 -- Discussion of consent and statutory agenda items listed for regular council meeting. Councilman Anderson removed for discussion Item No. 5a, the minutes for special meeting of August 12th. He made comments at the evening meeting. Agenda Item No. 2 -- Discussion and possible action on proposed Citizen Committee Capital Improvement Program. Finance Director Charles Cryan came forward to present a summary of the projects recommended for a proposed ballot for an election in November. Members of the audience who served on the committee addressed the Council: Gale Touchstone, Scoff Shafer, Robert DeOtte, Jr., Norma Miller, Mike McMichen, and George Davis. Mayor Pro Tem Hickson made a motion to proceed with the bond election calendar and direct staff to proceed with preparation of an ordinance to call an election for November 3, 1998. Motion seconded by Councilman Silvia which carried unanimously, 6-0, Councilman Madott absent. Council discussed the appropriate language for the ballot propositions. Discussion was held about the proposed land acquisition for a new city center. Propositions were decided as follows: City Of College Station, Texas Providing Customer Service Excellence Council Workshop 8/27/98 Street Projects Traffic Signals/Management Fire Station Projects Land Acquisition Parks and Athletic Facilities GreenbeltJDrainage $8,539,000 2,980,000 2,477,000 1,835,000 4,769,000 3,640,000 Page 2 Mayor Mcllhaney thanked the citizens for their service on the CIP Committee. She also thanked Councilman Esmond and Chairman Bill Fox. Agenda Item No. 3 -- Discussion and possible action on the design of the Teen Center. Assistant Parks and Recreation Director Eric Ploeger presented a progress report toward the implementation of this project. Local architect Fred Patterson presented a new design which was slightly larger and more appealing in design and finish. Members of the Teen Advisory Board, Mitzi Mariott, Haley Waltman, and Tory Porter emphasized the need for this facility. The council discussed details of the structure and asked questions of the architect. Mayor Pro Tem Hickson made a motion to move forward with the design presented. Motion seconded by Councilman Esmond which carried 6-0. Agenda Item No. 4 -- Committee Reports Councilman Esmond reported on the Health Department Board meeting. Discussion related to the possibility of a regional health authority. He added that the Health Dept. will be celebrating its 60th anniversary next September and a public information campaign effort will begin soon. On another subject, the Engineering Committee met and will bring forward recommendations on a policy on selection of engineering services. Agenda Item No. 5 -- Agenda Request by Councilmembers General Policy on open meetinqs Review existing council policy on executive sessions. Councilman Anderson made a motion to place both items on a future council meeting for discussion. Motion seconded by Councilman Esmond. Mayor Pro Tern Hickson made a substitute motion to vote on each issue separately. Motion seconded by Councilman Anderson. Council Workshop 8/27/98 Page 3 Motion was made to proceed with placing an item on a future agenda on a policy for open meetings for committees. Motion carded unanimously, 6-0. Mayor Pro Tem Hickson made comments about the executive session statutes provided within the Open Meetings Handbook published by the Attorney General. In his opinion, the city has conducted executive sessions properly. Councilman Anderson referred to the Open Meetings Handbook. He requested that the executive sessions be tape recorded rather than the certified agenda. After reviewing a certified agenda, he noted that the council may be violating the law. He stated that he will not attend executive sessions until the sessions are recorded by tape or have a certified agenda that addresses all the topics that are discussed. Councilman Esmond indicated that he also viewed the certified agendas. He felt the council has a duty to inform itself of the law and the facts concerning executive meetings. He also indicated that he had concern about the brevity of the minutes and lack of detail on the certified agenda. Council should leave a legacy on record of being open and forthcoming and providing information to the public. He realized that the agenda is not open, but the council should have a clean record of what is said and done. City Attorney Cargill, Jr., explained that certified agendas or tape recordings are for items of discussion which relate to the personnel exception or the real estate exception. He added that the litigation exception does not require either a tape or certified agenda. Reports that are given by staff or by definition not meetings. On page 45 of the handbook, the Attorney General states that while the agenda does not have to be a verbatim transcript it must at least provide a summary of each deliberation on exceptions that are required to be recorded on tape or certified agenda. The purpose of a certified agenda is intended to be used in the case of litigation and it is a question of whether or not the item that was discussed was propedy discussed. It is not for public record and it is intended to be discussed in pdvate. Mayor Mcllhaney reported that the City Secretary and City Attorney are responsible for ensuring compliance with the law with regard to posting and notice text. She also states an announcement prior to executive session of the items. Councilman Esmond asked what the limitations are for councilmembers to obtain a certified agenda. Mr. Cargill responded that the Attorney General ruled that each governmental body is authorized to decide for itself whether to permit a member who participated in a closed meeting to review the certified agenda or tape recording of the meeting as well as a procedure for allowing such review. Mayor Mcllhaney stated that the council does not have a wdtten policy due to the fact that it has not been an issue before. Council Workshop 8/27/98 Page 4 Councilman Hazen made a substitute motion to direct the City Secretary to draft a policy on executive session agendas and bring back a future meeting for further discussion. Motion seconded by Mayor Pro Tern Hickson. Motion carried unanimously, 6-0. Aflendaltem No. 6-CouncilCalendam. Budget Workshops, Sept. 1 and Sept. 3 TML Region 10 meeting in Georgetown, September 24 Citizen Recognition Banquet, September 15 Councilman Esmond urged council to dispense the investigation of Councilman Anderson. He asked council to discuss this issue as soon as possible. Agenda Item No. 7 -- Executive Session The council did not have an executive session. Agenda Item No. 8 -- Adjourn. The workshop meeting was adjourned at 5:20 p.m. PASSED AND APPROVED this 10th day of September, 199_.~8. f'I~TEST: City ~ocret~¥ C~n~e Hooks APPROVED: Lynn Mcllhaney j