HomeMy WebLinkAbout09/09/2004 - Regular Minutes City Council
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MayorCity Council
Ron SilviaJames Massey
Mayor Pro Tempore
John Happ
Dennis MaloneyRobert Wareing
City Manager
Susan Lancaster
Thomas E. BrymerNancy Berry
College Station, Traditional Values,,
Progressive Thinking in the Research
Valley
Draft Minutes
City Council City Council
Workshop and Regular Meetings
Thursday, September 9, 2004 at 2:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT:
Mayor Silvia, Mayor Pro Tem Maloney, Massey, Happ, Wareing, Lancaster,
Berry
STAFF PRESENT:
City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill Jr., City Secretary
Hooks, Assistant City Secretary Casares, Transportation Planner Fogle,
Mayor Silvia called the meeting to order at 2:11 p.m.
Commissioner Ben White called the Planning and Zoning Commission meeting to order at 2:12 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting.
No items were removed for discussion.
Workshop Agenda Item No. 2 -- Strategic Planning discussion, and possible action regarding street
connectivity in College Station.
The Planning and Zoning Commission members present were: John Fedora, John Nichols, Marilyn Hooten, Ben
White and Ken Reynolds.
Transportation Planner Ken Fogle remarked that connectivity is a measure of the ability to easily move vehicles
bicycles and pedestrians within a community directly and efficiently. Street connectivity provides mobility,
emergency responses, and public considerations. Mr. Fogle defined cut-through traffic as traffic traveling from a
non-residential area to another through a residential area. He provided examples and citizen’s perceptions of cut-
through traffic.
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Mr. Fogle described high and low levels of connectivity and discussed specific advantages and disadvantages of
each. He highlighted methods that connectivity could be increased while mobility, neighborhood integrity, and
quality of life are maximized. He described the connectivity index.
Street connectivity could be improved through the following:
Regulation – Internal Connectivity, External Connectivity
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Incentives
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Capital Improvements
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Decision making
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Mr. Fogle noted that on the regular agenda there are two items related to street connectivity.
Director of Public Works Mark Smith presented an update on Pebble Creek Parkway extension.
The City Council and Planning and Zoning Commission discussed street connectivity at length.
City Manager Tom Brymer suggested removing Regular Agenda Items 14.2 and 14.3 from the regular agenda until
staff has more time to study the issues.
After a brief discussion, the consensus of the City Council and the Planning and Zoning Commission was to delay
Regular Agenda Items 14.2 and 14.3, on the regular agenda.
Commissioner White adjourned the Planning and Zoning Commission meeting at 3:20 p.m.
No formal action was taken.
Council recessed for a short break at 3:20 p.m. and returned to the workshop meeting at 3:39 p.m.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action on City Identification Program
Director of Public Communications and Marketing Becky Nugent remarked that following a presentation to Council
in February 2004, planning for a City Identification Program began and was based on the creation of an updated City
logo that more accurately reflects the progressive, traditional, and values of the City of College Station. It had been
approximately 20 years since the current logo was introduced and replacement of it has been under consideration for
the past year. A visual identity works intrinsically to inspire trust, project confidence and communicate value. A
strong, distinctive brand serves to enhance, elevate and support the City and its services to the citizens.
Incorporating it in an identification program allows the City to market under a brand umbrella, not single efforts, by
optimizing and coordinating its usage.
Upon approval, the new logo would be implemented throughout the City on a gradual basis. Specific graphics and
style guidelines regarding use of the logo would be developed and distributed to each city department to enhance the
identity and professional image of our city government.
Ms. Nugent introduced Mr. Stanton Ware, Graphics Designer. Mr. Ware described the steps used in designing the
new city logo.
Council member Lancaster moved to adopt the proposed City logo and the City Identity Program as proposed.
Council member Wareing seconded the motion, which carried unanimously, 7-0.
FOR: Silvia, Maloney, Massey, Wareing, Lancaster, Berry
AGAINST: None
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Workshop Agenda Item No. 4 -- Presentation, discussion and possible action concerning the annual review of
the City’s Comprehensive Plan and Unified Development Ordinance.
City Planner Jane Kee remarked that the City’s Unified Development Ordinance provides for an annual review of the
City’s Comprehensive Plan and Unified Development Ordinance. Ms. Kee described the amendment adoption
process, comprehensive plan update, land use analysis and comprehensive plan amendments per year. Ms. Kee
presented major categories of land uses showing the planned zones and whether their in compliance with the
Comprehensive Plan and which was zoned or vacant, and available for development.
Development Manager Natalie Ruiz remarked that over the last year staff has made six amendments to the Unified
Development Ordinance. The proposed amendments are clerical in nature; however, staff has identified four major
changes to the Unified Development Ordinance as well. The four proposed changes to the Unified Development
Ordinance are:
Attached Sign Regulations
Allowing additional signage for buildings on corner lots including the endcaps of shopping centers if a public
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entrance is provided.
Establishing commercial banner provisions to allow one banner per commercial building, tenant lease space
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or multi-family development not to exceed 4’ x 12’and maintenance is required. Also banners would be
prohibited in the Wolf Pen Creek and Overlay Districts.
Retail Sales and Service
A change to the specific use standards that will allow limited storage in C-1 and limited retail sales in C-2.
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Driving Ranges
Driving ranges are currently allowed in the existing code; however, the proposed standards will provide
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additional buffering, screening, lighting and parking requirements.
Sexually-Oriented Business (SOB)
The Unified Development Ordinance currently regulates sexually-oriented businesses. However, through the annual
review, staff determined that alternative sites need to be made available to comply with federal case law. The
Supreme Court has held that cities cannot totally ban Sexually-Oriented Businesses; however, they can regulate the
location, limiting to 5% of the City’s geographic area. The overall concept is to allow Sexually-Oriented Businesses
in commercial and industrial zoning districts with buffering of protected uses, residential zoning districts and
portions of major roadways. In order to achieve this concept, the following modifications were recommended:
In addition to C-2 Commercial Industrial and M-2 Heavy Industrial zoning districts, SOB’s will be permitted
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uses in C-1 General Commercial, M-1 Light Industrial and R&D Research and Development zoning districts.
Adding these additional zoning districts still did not provide for 5% of the City’s area.
As a result, three additional areas or tracts of land were added to reach the 5% requirement. The following
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tracts were selected based on their proposed land use according to the City’s Land Use Plan, access to major
roadways and distance from existing residential areas. The Unified Development Ordinance includes an
amendment what will allow SOB’s as a permitted use on three specific tracts regardless of distance separation
requirements. Ms. Ruiz displayed a map identifying the proposed permitted uses for SOB’s.
The protected uses from SOB’s has been modified to only include the following:
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Elementary and Secondary schools
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Public neighborhood Parks
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Day Care Enters
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Colleges and Universities
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Distance separation requirements from SOB’s and protected uses or residential districts have been modified
to 400’.
Prohibited locations along major roadways have been modified to include a 400’ setback from the rights-of-
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way of the following thoroughfares:
Texas Avenue – This includes the portion of Texas Avenue from the northern city limits line with the
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City of Bryan to the Harvey Mitchell Parkway intersection.
University Drive – This includes the portion of University Drive from Texas Avenue intersection to
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Earl Rudder Freeway.
After a brief discussion, Mayor Pro Tem Maloney and Council member Massey expressed their desire to prohibit
banners in College Station.
No formal action was taken.
Workshop Agenda Item No. 5 -- Presentation, discussion and possible action on the City of College Station
2004-2005 proposed budget.
Finance and Strategic Planning Director Jeff Kersten presented an overview of the Fiscal Year 2004-2005 proposed
Budget. Mr. Kersten described the key decision points in the FY 2004-2005 budget. The key budget decision points
were:
1.Tax Rate – The Council has provided direction to consider a tax rate not higher than 46.40 cents per $100
assessed valuation.
Staff recommended to adopt the tax rate of 46.40 cents per $100 assessed valuation and reserve the additional
$68,165 for public safety budget needs.
2.Utility Rates – The proposed budget includes utility rate increases in the Wastewater Fund and in the
Sanitation Fund. The proposed rate increase in the Wastewater Fund is 3%; and the proposed residential
sanitation rate increase is 5%.
Staff recommended approval of the 3% wastewater rate increase in the Wastewater Fund and the 5%
residential sanitation rate increase in the Sanitation Fund.
3.Outside Agency Funding – The City Council has received recommendations from the Joint Relief Funding
Review Committee and the Arts Council of Brazos Valley regarding funding request for outside agencies and
arts and cultural related organizations from the General Fund.
Staff recommended that Council consider the recommendations received and determine what level of funding
to provide to these groups.
Mayor Pro Tem Maloney expressed opposition of funding the Alzheimer’s Association; he suggested applying the
funds to another agency.
No formal action was taken.
Workshop Agenda Item No. 6 – Presentation, discussion and possible action on televising the City of College
Station workshops.
City Manager Tom Brymer noted that on September 26, 2002 Council approved a contract to outsource televising of
Council meetings which established that this vendor would broadcast twenty four (24) Council meetings yearly.
This established the parameter at that time that only the Council’s regular meetings would be broadcast. Since that
time, Council, as a part of its strategic planning, moved to bring televising of Council meetings in-house through
funding of equipment purchase and additional staff to run our own televising system. Included in this decision was
Council’s intent to expand the City’s programming on its cable television channel. This system is now operational.
For that reason, it is recommended that Council revisit the issue of whether they wish to televise the regular
meetings, or televise the workshops and special meetings as well.
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Staff recommended that the workshop and special meeting be broadcast live only, not rebroadcast.
Mayor Pro Tem Maloney moved to televise the workshop and special meetings with staff recommendations.
Council member Berry seconded the motion, which carried unanimously, 7-0.
FOR: Silvia, Maloney, Massey, Wareing, Lancaster, Berry
AGAINST: None
Workshop Agenda Item No. 7 -- Discussion and possible action on future agenda items – A Council Member
may inquire about a subject for which notice has not been given. A statement of specific factual information
or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
No items were submitted.
Workshop Agenda Item No. 8 – Council Calendars
Agenda Planning Calendar as of August 31, 2004
Sept. 15 Research Valley Partnership, 3:00 p.m.
Sept. 20 Intergovernmental Committee Meeting, Noon
Sept. 21 Chamber of Commerce Board Meeting, 8:00 a.m.
Sept. 22 Exploring History Lunch Lecture, 11:30 a.m., CS Conf. Ctr.
Sept. 23 City Council Workshop/Regular Meeting, 3:00 p.m./7:00 p.m.
Sept. 24 Joint Retreat - Bryan/College Station-G. Rollie White Conference Center
Sept. 28 Neighborhood Special Workshop, 5:00 p.m. Chambers
Workshop Agenda Item No. 9 – Executive Session
At 5:20 p.m., Mayor Silvia announced in open session that the City Council would convene into executive session
pursuant to Section 551.071 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending
and contemplated litigation.
Cause No. 52,434-361, Brazos County – College Station v. Wolf Pen Creek, Ltd.,et al.
Case No. G-02-108, U.S. District Court – Lester v. College Station and Piersall.
TCEQ Docket No. 2002-1147-UCR; Applications of Brushy Water Supply and College Station (Westside/Highway
60)
TCEQ Docket No. 2003-0544MWD; Application of Nantucket, Ltd.
TXU Lone Star Gas Rate Request.
Cause No. 03-002098-CV-85, Brazos County – College Station v. Wellborn Special Utility District
Cause No. 04-000708-CV-361, Brazos County – College Station v. Westfield Addition, Ltd., et al.
Civil Action No. H-04-1921, U.S. District Court (Houston) – Blue Dolphin, Inc. v. College Station
Council returned from executive session at 6:15 p.m. Mayor Pro Tem Maloney made a motion to have staff present
additional sites, specific approaches to the Sexually-Oriented Businesses for the September 23, 2004 City Council
Meeting providing the City Council alternatives for consideration. Council member Happ seconded the motion,
which carried unanimously, 7-0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Regular Meeting
Mayor Silvia called the regular meeting to order at 7:00 p.m. with all council members present. He led the audience
in the pledge of allegiance.
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Ms. Nugent introduced Mr. Stanton Ware, Graphics Designer. Mr. Ware described the steps in designing the new
city logo.
Mayor Silvia presented a proclamation for Constitution Week to Helen Cluck and Joan Teer.
Mayor Silvia presented a proclamation for Save Our Streets to J.J. Ramirez.
Mayor Silvia and City Manager Tom Brymer recognized the City of College Station Community Programs Division,
for winning the 3CMA Savvy Award for Citizen Participation in their population category. This award was received
for the program entitled “Destination Prosperville” coordinated between the City of College Station and the A&M
Consolidated High School to promote student understanding of municipal government. Project Manager Mike
Mullen, Peggy Calliham and Bobby Slovak accepted the award for the City of College Station and A&M
Consolidated High School.
Mayor Silvia and City Manager Tom Brymer recognized Olivia Burnside, Director of OTIS and Erich Hafenmaier,
E-Government Coordinator for winning the 3CMA Award of Excellence for the City of College Station Web-site.
Mayor Silvia and City Manager Tom Brymer recognized Becky Nugent, Public Communications and Marketing
Manager and the Public Information Team for winning the 3CMA Award of Excellence for the City of College
Station Annual Report.
11. Hear Visitors
Davis Young, 5204 W Street, addressed the council regarding the removal of Regular Agenda Items 12.2 and 12.3
on the September 9, 2004 Regular Meeting.
Carol Holtzapple, 1805 Southwood Drive, encouraged financial support for The Children’s Museum.
Consent Agenda
13.1Approved by common consent minutes for City Council Workshop and Regular Meeting August 09, 2004.
Resolution No. 9-9-2004-13.02
13.2Bid No. 04-80, Contract No. 04-179. Approved by common consent
approving a construction contract for the Bulk Material Handling Facility Project to JaCody, Inc. in the
amount of $71,537.00.
13.3Bid #04-85. Approved by common consent an annual agreement for purchase of concrete and street light
poles/fixtures maintained in inventory.
13.4Bid #04-87. Approved by common consent an annual price agreement for purchase of pre-stressed spun cast
concrete poles maintained in inventory.
13.5Contract #03-033. Approved by common consent additional expenditures for the purchase of diesel fuel and
gasoline with Brenco Marketing.
Resolution No. 9-9-2004-13.06
13.6Contract 04-161. Approved by common consent approving a professional
services contract with JMP Land Services, LLC in the amount of $65,000.00 for right-of-way and real
property acquisition agent to assist in the acquisition of property for Electric Capital Improvement Projects.
Resolution No. 9-9-2004-13.07
13.7Contract 04-146. Approved by common consent approving a construction
contract for the rehabilitation of Water Wells 4 & 5 to Weisinger Water Wells in the amount of $113,000.00.
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13.8Approved by common consent an agreement with College Station Independent School District to share fiber
optic cable and space for the location of wireless communication equipment.
13.9Approved by common consent renewal insurance premium for Excess Worker’s Compensation and Liability
policy renewal date 10-01-04 in the amount of $223,660.00.
13.10Approved by common consent the renewal of a contract with Young Contractors for Type D hot mix asphalt.
Resolution No. 9-9-2004-13.11-aResolution No. 9-9-2004-13.11-b
13.11Approval by common consent , and
Resolution No. 9-9-2004-13.11-c
for consideration at Texas Municipal League Annual Conference.
Ordinance No. 2744
13.12Approved by common consent adopting and approving the revised City of College
Station Employee Handbook.
13.13Approved by common consent Renewal Agreement for a Landscape Maintenance Contract for eighteen (18)
municipal sites.
13.14Approved by common consent Renewal Agreement for a Landscape Maintenance Contract for nine (9)
municipal sites.
Resolution No. 9-9-2004-13.15
13.15Approved by common consent approving a contract to grant federal HOME
Investment Partnership Program (HOME) set-aside funds to a local Community Housing Development
Organization or CHDO (the Brazos Valley Community Action Agency – BVCAA) in the amount of
$203,057, for construction of affordable housing, and $67,686 in CHDO operating
Regular Agenda Item No. 14.1 -- Public hearing, discussion, and possible action on a rezoning ordinance of
12.49 acres, generally located near the southeast intersection of Harvey Mitchell Parkway and the future
Dartmouth Street extension, from R-1 Single Family Residential to P-MUD Planned Mixed Use Development
with the OV Overlay District. (04-161)
City Planner Jennifer Prochazka remarked that approval of the rezoning was recommended. Staff also supported the
application of the overlay district on the property because of the proximity to the City Center project.
Approximately 4.5 acres at the south end of the proposed rezoning area lies within the 100-year floodplain and the
Greenways Program endorsed approval of the P-MUD, with the 100-year floodplain reserved as designated
greenway on the Concept Plan. The Concept Plan is required to be approved by the Design Review Board prior to
development of this property. The Parks and Recreation Board, the Greenways Program Manager, and Development
Services staff will review the Concept Plan and make recommendations to the Design Review Board. She noted that
if the City Council should approve the rezoning with the OV Overlay district, they have to determine that the subject
property is located along a gateway or major corridor to the City.
Mayor Silvia opened the public hearing.
The following citizen addressed the council regarding the rezoning.
Veronica Morgan, Mitchell and Morgan Engineering
Mayor closed the public hearing
Ordinance No. 2745
Council member Happ moved to approve rezoning 12.49 acres from R-1 Single Family
Residential to P-MUD Planned Mixed Use Development with the OV Overlay District and determined that the
subject property is located along a gateway or major corridor to the City. Council member Berry seconded the
motion, which carried unanimously, 7-0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
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AGAINST: None
Regular Agenda Item No. 14.2 -- Public hearing, discussion, and possible action on an Ordinance amending
the Comprehensive Plan by amending the Land Use Plan and the Thoroughfare Plan, for an area generally
described as Pebble Creek Subdivision.
Director of Development Services Joey Dunn requested that the City Council remove Items 14.2 and 14.3 from the
Regular Agenda. Staff will reschedule item 14.2 for the September 28, 2004 Special Meeting.
Regular Agenda Item No. 14.3 -- Public hearing, discussion, and possible action on an Ordinance amending
the comprehensive plan by amending the land use plan and thoroughfare plan elements for a 1,282.09 acre
tract and vicinity located east of State Highway 6, between the Pebble Creek subdivision and the College
Station city limits.
Director of Development Services Joey Dunn requested that the City Council remove Items 14.2 and 14.3 from the
Regular Agenda. Staff will reschedule item 14.2 for the September 28, 2004 Special Meeting.
Regular Agenda Item No. 14.4 -- Presentation, discussion and possible action on the City of College Station
2004-2005 proposed strategic plan.
Finance and Strategic Planning Director Jeff Kersten remarked that the Strategic Plan was designed to align the
priorities and the resource of the organization. The Strategic Plan was developed in conjunction with the proposed
budget. Many of the budget issues discussed for next year are included in the strategic plan. In August, the draft
Strategic Plan was presented to Council, and the budget was prepared using the Strategic Plan as a framework.
Council member Lancaster moved to adopt the 2004-2005 Strategic Plan. Mayor Pro Tem Maloney seconded the
motion, which carried unanimously 7-0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Regular Agenda Item No. 14.6 -- Presentation, discussion and possible action on an ordinance for the City of
College Station 2004-2005 proposed budget.
Director of Fiscal Services and Strategic Planning Jeff Kersten remarked that the City Council received the proposed
budget on August 9, 2004 and held three budget workshops meetings. The City Council held a public hearing on the
proposed budget on August 26, 2004. The key goal of the proposed budget was to maintain and improve quality of
life in College Station. The proposed FY 2004-2005 annual budget totaled $177,315,603 for all funds. Of this
amount, $132,914,750 was proposed for operations and maintenance expenditures and $44,440,853 was proposed for
capital improvements projects. This represents an increase over the FY 2003-2004 revised budget of 3.84%.
Council member Happ abstained from voting on a portion of the budget; Outside Agency Funding pertaining to the
Easterwood Airport in the amount of $16,700. (Correction to the minutes for the insertion of this sentence was
approved by Council, November 9, 2004).
Council member Massey moved to add the Children’s Museum funding in an amount of $30,000 to the FY 2004-
2005 budget. Mayor Pro Tem Maloney seconded the motion, which carried unanimously, 7-0.
Council member Lancaster moved to approve the budget as recommended by staff, the Arts Council request, and the
Joint Funding Relief Committee to include the Children’s Museum funding. Council member Wareing seconded the
motion, which carried unanimously, 7-0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
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Regular Agenda Item No. 14.5 -- Public hearing, discussion and possible action on an ordinance for the City of
College Station 2004-2005 ad valorem tax rate.
Director of Fiscal Services and Strategic Planning Jeff Kersten remarked that the proposed tax rate of $0.4640 per
$100 valuation is estimated to generate approximately $15.3 million. The debt service portion of the tax rate is
$0.2698 per $100 valuation and will generate approximately $8.8 million. This portion of the tax rate is used to fund
the general debt service requirements of the City. The operations and maintenance portion of the tax rate is proposed
to be $0.1942 per $100 valuation and will generate approximately $6.3 million. This portion of the tax rate is used to
fund a portion of the operations and maintenance costs in the General Fund. An additional $210,000 in tax revenue
is generating for the tax increment finance districts the City has established.
Mayor Silvia opened the public hearing.
Charles Lamb, 3203 Salzburg Court, encouraged the City Council to adopt the proposed tax rate of $0.4640 per $100
valuation.
Mayor closed the public hearing.
Council member Wareing moved to reduce the FY 2004-2005 ad valorem tax rate from $0.4653 per $100 valuation
to $0.4640 per $100 valuation. Council member Lancaster seconded the motion which carried by a vote of 5-2.
FOR: Silvia, Massey, Happ, Wareing, Lancaster
AGAINST: Maloney and Berry
Regular Agenda Item No. 15 -- Discussion, review and possible action regarding the following meetings:
Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, Cemetery
Committee, City Center, Façade Improvement Program Advisory Committee, Fraternal Partnership, Historic
Preservation committee, Intergovernmental Committee and School District, Joint Relief Funding Review
Committee, Library Committee, Metropolitan Planning Organization, Parks and Recreation Board, Planning
and Zoning Commission, Sister City Association, TAMU Student Senate, The Research Valley Partnership,
Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments
Mayor Silvia presented highlights of the Brazos Animal Shelter and Brazos Valley Council of Governments
meetings.
City Manager Tom Brymer suggested moving the Committee Reports to the workshop agenda since the workshop
meetings are going to be televised. The City Council concurred with the City Manager suggestion.
Regular Agenda Item No. 16 -- The City Council may convene the executive session following the regular
meeting to discuss matters posted on the executive session agenda for September 9, 2004.
Council members completed the execution session prior to the regular meeting.
Regular Agenda Item No. 17 -- Final action on executive session, if necessary.
No action was taken.
Regular Agenda Item No. 18 -- Adjourn.
Hearing no objections, the meeting adjourned at 8:30 p.m. on Thursday, September 9, 2004.
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PASSED and APPROVED on the 9 day of November, 2004.
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APPROVED:
_______________________
Mayor Ron Silvia
ATTEST:
________________________
City Secretary Connie Hooks
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Mayor
Ron Sdvm
Mayor Pro Tempore
Denms Maloney
City Manager
Thomas E B~ymer
Cit7 Council
James Masse)'
John Happ
Robert Wa~n8
Susan Lancas~r
Nancy Berry
College Station City Council
Regular Meeting
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John Happ
Robert Warelng
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College Station City Council
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Thursday, September 9, 2004 at 6:00 p.m.
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Mayor Pro Tempore
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Cit7 Manager
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City Council
James Massey
John Happ
Robert Ware~ng
Susan Lancaster
Nancy Berry
College Station City Council
Regular Meeting
Sign In Sheet
Thursday, September 9, 2004 at 6:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
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