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145. Regular Meeting May 13, 2002 Page 2 Mayor Chiu introduced a discussion regarding the duties and responsibilities of the City Council related to direction provided to Staff. Mr. Mihalkanin stated he and Mr. Mayhew requested this discussion item to be placed on the agenda. He stated citizens have contacted him concerning the process Council uses when interacting with the City Manager and Staff. Mr. Mihalkanin asked Mr. Taylor for the correct process a Council Member should go through if interested in changing the Service Plan to the newly annexed area. Mr. Taylor stated to change any Service Plans would require an Ordinance being brought before Council, although a suggestion could arise from a public hearing on the Capital Improvement Program or Staff could make a recommendation to Council. Mr. Mihalkanin asked Mr. Taylor for the process of a Capital Improvement Program approval. Mr. Taylor stated the process begins at the Staff level. The next step would be to take that recommendation to the Planning and Zoning Commission who would hold public hearings for citizen input, and the final step would be for the CIP to be brought to the Council to vote on during the budget process. Mr. Mihalkanin inquired whether a Council Member would need a majority vote from Council to obtain a second legal opinion when dealing with a conflict of interest. He stated this Council Member has been advised by the City Attorney to abstain from a particular issue on occasion. Mr. Taylor stated any member of the Council can retain outside legal advice in matters pertaining to personal conflicts of interest. This would be done at their own personal expense. However, they would need a majority vote from Council if this member were asking the Council to pay for the outside legal advice. Mr. Mihalkanin then asked Mr. Gilley for rules and/or laws regulating Council Members' abilities to interact with Staff and provide direction. Mr. Gilley stated the City Charter states a Council Member can only provide direction to an individual City employee through the City Manager, and that should be by a majority vote or consensus from Council. Mr. Mihalkanin then stated he wished to discuss this matter further during the Executive Session. Mayor Chiu introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING LOT 28, BLOCK 1, OF THE SOUTH END ADDITION LOCATED AT 604 ALABAMA STREET, FROM "M" SINGLE-FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT TO "R-1" SINGLE-FAMILY DWELLING DISTRICT (LOW DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Chiu opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Chiu closed the public hearing. Mr. Cox moved for adoption of the Zoning Ordinance, and Mr. Mayhew seconded the motion, which passed unanimously. Mayor Chiu introduced for consideration a public hearing and approval of an Ordinance on first reading, the caption which was read as follows: