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HomeMy WebLinkAbout09/26/2002 - Regular Minutes City Council Mayor City Council Ron Silvia John Happ Mayor Pro Tempore Winnie Gamer 'toy Mayor Massey Scott Mears COLLEGE STATION City Manager Dennis Maloney Tom Brymer Anne Hazen College Station, Embracing the Past, Exploring the Future MINUTES College Station City Council Workshop Meeting and Regular Meeting Thursday, September 26, 2002 at 3:00 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 Massey, Council members Maloney, Hazen, Mears, Garner COUNCIL MEMBER ABSENT: Happ STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Development Services Templin, Budget and Strategic Planning Director Kersten, Director of Fiscal Services Cryan, City Planner Kee, Forestry Superintendent Albrecht, Fire Chief Giordano, Fire Marshal Mies, Assistant to the City Manager Rapelye and Assistant City Secretary Casares Mayor Silvia called the workshop session to order at 3:00 p.m. Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting. Consent Agenda Item No. 11.11 Fire Chief Dave Giordano provided a brief explanation of insurance requirements for ordinance amendment related to circuses, sideshows, etc. Workshop Agenda Item No. 2 -- Presentation, discussion and possible action concerning a proposed Urban Management Plan for College Station. Forestry Superintendent Ross Albrecht noted that the Urban Forest Management Plan was listed as Strategy #1, under Vision Statement #2 of the proposed Fiscal year 2003 Strategic Plan. Mr. Albrecht introduced Charles Burdett of Burdett & Associates and Jack Dill. Mr. Burdett informed the Council that the intent of the Urban Forest Management Plan was to provide long range, community -wide guidelines for urban forest management including tree inventory, maintenance, preservation, and renewal. He also explained the benefits and accomplishments of ,,,, implementing the long -term plan. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 2 The report determined that the overall condition of the urban forests in College Station were excellent. Implementation of this plan over a multi -year period would provide a policy change for the City from r current tree operations, which are reactive in response, to a more proactive approach for urban forest management. To accomplish this implementation, the following items were highlighted by Mr. Burdett: • Additional resources will be required to support municipal tree operations • Tree planting initiative should encourage species diversity • Continued interdepartmental communications and coordination • Develop a tree inventory for streets, parks, greenways and municipal facilities Staff recommended the development of policy recommendations to pursue a more proactive Urban Forest Management Program for College Station. Council members thanked the staff and consultant for their time and effort on this project. No formal action was taken. Workshop Agenda Item No. 3 — Presentation, discussion and possible action regarding proposed user fees for the College Station Parks and Recreation Department for FY 2003. Parks and Recreation Superintendent Peter La Mont presented the proposed user fees for the College Station Parks and Recreation Department in FY 2003. He noted that no major overall changes to fee or changes to existing policies were proposed. The following included new categories of fees for FY 2003: • Lincoln Center Special Event Fee - a new category that combines several of the fees into one category with no increase in revenue. • Exit Teen Center Room Rentals - new fees that will generate approximately $300 in new revenue. • Pool Party and Special Program Fees - are not new fees and did not change from FY 2002. They have not been itemized on the Parks and Recreation Department Fee Schedule that is approved by the Parks and Recreation Advisory Board and the City council annually. • Field Rental Fees - provide a fee structure for the baseball fields at the Wayne Smith Complex and other areas. • Race Equipment Rental Fees - the department expects ten to fifteen rentals per year, generating approximately $1,000. • Softball Fees - an additional increase was recommended due to a request from the Brazos Valley Softball Umpires Association for an increase in officiating fees. Staff recommended approval of the proposed fees by resolution at the October 10, 2002 City Council meeting. No formal action was taken. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 3 Council recessed at 4:15 p.m. for a short break and returned to the workshop meeting at 4:33 p.m. Sise Workshop Agenda Item No. 4 -- Presentation, discussion and possible action regarding code enforcement activities and ordinances pertaining to: weeds and grass, junk vehicles and parking of trailers in residential areas. Fire Marshal Jon Mies presented this item. He noted that the FY 2003 Strategic Plan Vision Statement #1 Strategy #3 implementation calls for staff to review City Ordinances and State Statutes with the legal department to ascertain how time lines and notification requirements may be altered to hasten compliance. If ordinance amendments are recommended by council, staff will conduct a public education/awareness programs in January 2003. Staff reviewed the following ordinances and recommended the following changes: Chapter 7 Health & Sanitation, Section 1 C, Weeds and Grass Keep height at twelve inches Notify owner and occupant Notice via regular mail service Publication once, post on or near door, post on stake driven into ground Twelve -month notice Chapter 10 Traffic Code, Section 5 Junk Motor Vehicle Regulations Draft amendment to mirror State Statute Chapter 10 Traffic Code, Section 6 Parking, Standing, or Storing of Recreational Vehicles, Trailers or Trucks in Residential Areas Draft ordinance to allow RV's and Non - Commercial trailers to be stored on property as long as they do not encroach into required off street parking spaces Require RV's and Non - Commercial trailers to be stored on an approved surface unless they are screened from public view. Council directed staff to draft an ordinance amending Chapter 7 Health & Sanitation, Section 1 C, Weeds and Grass with staff recommendation, with a 6 month notice and a seven day compliance. Council also directed staff to remove the appeal process through the Zoning Board of Adjustment. Council directed staff to draft an ordinance amending Chapter 10 Traffic Code, Section 5 Junk Vehicle regulations to mirror state statute. Council also directed staff to draft an ordinance amending Chapter 19 Traffic Code, Section 6 Parking, Standing, or storing of Recreational vehicles, trailers or trucks in residential area following staff recommendations. Workshop Agenda Item No. 5 -- Presentation, discussion and possible action on a timetable for implementing a new capital improvements program. t Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 4 Director of Public Works Mark Smith presented a proposed action plan to develop and finalize a list of capital improvements projects. The plan called for the appointment of a citizen advisory committee to further develop and prioritize the Capital Improvements projects. Council will consider the final projects to be placed on the ballot. The city will have adequate debt capacity to manage approximately $30 million in General Obligation Bonds over a 5 -year period. Mr. Smith identified the project timeline and council action dates. No formal action was taken. Workshop Agenda Item No. 6 -- Discussion, review and possible action regarding the following meetings. Planning and Zoning Commission, Parks and Recreation Board, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments, Metropolitan Planning Organization, Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, College Station Business Development Corporation, Historic Preservation Committee, Joint Relief Funding Review Committee, Library Committee, Intergovernmental Committee, and the Transportation Committee. This item was postponed until after the regular meeting. Workshop Agenda Item No. 7 -- Council Calendars City Council Workshop and Regular Meetings, 10 /10, 10/24 Council Transportation Committee, 10/1, Public Hearing- Annexation Proceedings, Council Chambers, 7:00 p.m. TML Annual Conference, 10/16- 10/19, Fort Worth Annual Employee Banquet, 10/25, Brazos Center, 6:00 p.m. Congress of Cities, Salt Lake City, Utah, 12/3 -12/7 Agenda Item No. 8 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. At 6:05 p.m., Mayor Silvia announced in open session that the City Council would convene into executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to consider the purchase of real property and to consider economic development negotiations. Cause No. 43,098 -85, Brazos County - Bryan v. College Station Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 98- 13391, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 96- 06940, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 97- 07000, Travis County — TMPA v. PUC (intervention) Cause No. 98- 11817, Travis County — TMPA v. PUC (intervention) Cause No. GN002343, Travis County — San Antonio v. PUC (intervention) Cause No. GN002513, Travis County — San Antonio v. PUC (intervention) Cause No. GN000152, Travis County — TMPA v. PUC (intervention) t i t Cause No. 49,367 -CCL2, Brazos County — Wilkerson v. College Station Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 5 Cause No. 52,434 -361, Brazos County — College Station v. Wolf Pen Creek, Ltd., et al. Cause No. 28,765, Grimes County - Harold & Rosalie Trant v. Grimes County, City of College Station and City of Bryan. Cause No. GN200090; Travis County - Reliant Energy, Inc. v. Big Country Electric Cooperative, Inc., et al. Cause No. GN200100, Travis County - City of San Antonio, etc. v. Brazos Electric Power Cooperation, et al. Cause No. G -02 -108, U.S. District Court — Catherine Lester v. College Station and Sonja Piersall. Docket Nos. TX96 -2 -000 & TX96 -2 -001, FERC — College Station, applicant Docket No. 25197, Public Utility Commission — College Station request to set rates. Docket No. 25395, Public Utility Commission — College Station (intervention) Cause No. 02- 0012920- CV -85, Brazos County — Brazos Paving, Inc. v. Municipal Drilling Services, Evergreen National Indemnity Co., and City of College Station Cause No. 02- 001154- CV -85; Brazos County — Weisinger Water Well, Inc. v. Municipal Drilling Services, Evergreen National Indemnity Company and City of College Station Cause No. 02- 001291 -CV -361, Brazos County — Sonja Piersall v. City of College Station and Edgar Feldman Seek advice regarding City's legal rights regarding Cox Cable. See advice regarding TXU /Oncor proposed settlement Economic Incentive Negotiations {Gov't Code Section 551.087 }; possible action The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in conducting economic development negotiations may deliberate k on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: The proposed city conference center and associated privately developed hotel. Real Estate {Gov't Code Section 551.072 }; possible action Kapchinski property Workshop Agenda Item No. 9 -- Final action on Executive Session, if necessary. Council recessed from executive session at 6:55 p.m. No action was taken. Regular Meeting: Item No. 10 Mayor Silvia called the regular meeting to order at 7:01 p.m. He led the audience in the pledge of allegiance. Danny Duron, College Station Police Department Chaplain, provided the invocation. Council member Maloney moved to approve the absence request from Council member Happ. Mayor Pro Tem Massey seconded the motion, which carried unanimously, 6 -0. Mayor Pro Tem Massey presented the proclamation for "Walk Our Little Texans to School Day" to k r Ken Fogel. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 6 Mayor Silvia announced that the proclamation for Domestic Violence Awareness Month was removed 4 00 due to a conflict in schedule with the recipient. Item No. 10.1: Hear Visitors Council did not receive any public comment. Consent Agenda 11.1 Approved by common consent the minutes for City Council workshop and regular meeting, September 12, 2002. 11.2 Contract No. 02 -171 — Discussion and possible action on a resolution approving a consultant contract for engineering evaluation work to be performed by Freese and Nichols, Inc. (FNI), as part to the Southside Water Study. Council member Maloney moved to approve Resolution No. 9 - 2002 - 11.02 approving a consultant contract for engineering evaluation work to be performed by Freese and Nichols, Inc. (FNI), as part of the Southside Water Study. Motion seconded by Council member Hazen, which carried unanimously, 6 -0, with Council member Happ absent. 11.3 Discussion and possible action on an ordinance amending Chapter 10, "Traffic Code," Section 4E (3) (b) of the Code of Ordinances of the City of College Station prohibiting parking on certain streets. Council member Hazen moved to approve Ordinance No. 2577 amending Chapter 10, "Traffic Code ", Section 4E (3) (b) of the City of College Station prohibiting parking on certain streets. Motion seconded by Council member Garner, which carried unanimously, 6 -0, with Council member Happ absent. 11.4 Approved by common consent Change Order #2 in the amount of $150,000.00 to the HDR Engineering, Inc., BVSWMA Landfill Siting Contract. 11.5 Approved by common consent items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 (a)(4) and 252.022 (a)(7). 11.6 Approved by common consent Resolution No. 9 - 26 - 02 - 11.6 supporting the creation and confirmation of the Brazos Valley Groundwater Conservation District for Brazos and Robertson Counties. 11.7 Approved by common consent Resolution No. 9 - 26 - 02 - 11.7 approving a contract for the construction of a new, affordable single - family residence at 111 Luther Street using Federal HOME Grant Funds in the amount of $71,690.00. 11.8 Approved by common consent Resolution No. 9 -26 -02 -11.8 approving a Comprehensive Selective Traffic Enforcement Program grant contract for fiscal year 2003. 11.9 Discussion and possible action on a resolution approving a contract for televising City Council meetings and video taping on location special events. Council member Maloney moved approval of Resolution No. 9 - 2002 - 11.09 approving a contract for televising City Council Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 7 meetings and video taping on location special events. Council member Garner seconded the motion, which carried unanimously, 6 -0, with Council member Happ absent. 11.10 Approved by common consent Ordinance No. 2578 setting sanitation rates and fees for FY 2003. 11.11 Approved by common consent Ordinance No. 2579 amending Chapter 4, Section 4 of the Code of Ordinances dealing with "Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events ". 11.12 Approved by common consent Ordinance No. 2580 amending Chapter 11, "Utilities" Section 2, "Water and Sewer Service," of the Code of Ordinances of the City of College Station, Texas by amending certain sections as set out in Exhibit A; providing a severability clause; and providing an effective date. This ordinance revised water and sewer rates. Regular Agenda Regular Agenda Item No. 12.1 -- Public hearing, discussion and possible action regarding proposed annexation. City Planner Jane Kee described the 2002 annexation service plan. The plan included six areas. She noted that the plan was prepared in accordance with the law and all services outlined in the plan will be provided within the time frames provided in Texas local Government Code Section 43.056(H). The plan outlined how services will be provided over the 10 -year service plan period. Mayor Silvia opened the public hearing. The following citizens addressed the council regarding the proposed 2002 annexation service plan. Persons opposed in order of appearance: Linda Ray, 15590 Whites Creek Lane Area 2 Lawrence Wolken, 5703 Rock Prairie Road Area 4 Steven Steele, 15670 Whites Creek Lane Area 2 Jerry Windham, 2000 Windham Ranch Road Area 2 Hoy Richards, 1835 Greens Prairie Road W. Area 2 Jason Barger, 1714 California, Houston rep. Mable Barger Area 1 Phyllis Alvarez, 1771 Greens Prairie Road W. Area 2 Evelyn Medlock, 15632 Whites Creek Lane Area 2 James Christiansen, 2280 East Placid Drive Area 4 Shelly Janac, 17141 Rock Prairie Road Area 5 Kelly Durham, 15709 Whites Creek Lane Area 2 Steve Lumpee, 1419 Harpers Ferry Road Area 3 Randall Pratt, 3100 Haupt Area 1 Randy Rogers, 3200 Freneau Area 4 Steven Cast, 15613 Whites Creek Lane Area 2 John Olden, 2088 Olden Lane Area 5 t Jim Carll, 8601 Rock Prairie Road Area 5 Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 8 In favor of annexation: Pat Kultgen, 1503 Fairhaven Cove Area 3 A petition presented by Ms. Kultgen included the following names: Joyce Thorn, 1502 Fairhaven Cove Domingo Munoz, 154 Fairhaven Cove Charles Boyd, 1506 Fairhaven Cove Charles Slisher, 1510 Fairhaven Cove Emily Zolin, 1514 Fairhaven Cove Olive Paden, 1513 Fairhaven Cove The citizens mentioned above voiced the following concerns: The service level of police and fire protection Paying city taxes without receiving city services Continuation of burning trash Legal requirements for utility services Floodplain Uses — is it developable and why the boundary for area 4 &5 A -O Zoning — permitted uses and exemptions from codes Mayor Silvia and Council members expressed their appreciation for the public comments. It was noted that the next public hearing was scheduled on October 2, 2002 at 7:00 p.m. 46 , No formal action was taken. Council recessed at 8:25 p.m. for a short break and returned to the regular meeting at 8:43 p.m. Regular Agenda Item No. 12.2 -- Public hearing, discussion and possible action on an ordinance rezoning 18.33 acres from R -1 Single Family Residential to C -B Business Commercial located at 2520 Earl Rudder Freeway South. Director of Development Services Kelly Templin noted that the applicant requested a rezoning of 18.33 acres to prepare the land for commercial business. The 18 -acre tract is located at the intersection of State Highway 6 and Krenek Tap Road. Mr. Templin explained that at the August 8, 2002 City Council meeting, the applicant requested a C -B rezoning, which was denied and returned to the Planning and Zoning Commission for recommendation. In addition, the applicant offered the following conditions as a compromise for commercial zoning on mixed -use designated land: • No parking is allowed along the Central Park Lane or Krenek Tap Road frontage. Parking is allowed along State Highway 6 up to 50% of the State Highway 6 frontage. All other parking is shared and interior parking. The building shall be sited along Central Park Lane and Krenek Tap Road. • The facades of the buildings facing Krenek Tap road will have architectural treatments on the Krenek Tap Road side of the building complementary to the front face of the building. • With the exception of a hotel /motel user, the first floor footprint of any building shall not 4110, exceed 25,000 square feet. • A 25 ft. building setback on Krenek Tap Road. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 9 The Land Use Plan shows the subject property to be Mixed Use Development and this rezoning request does not encompass the residential component necessary to meet the definition of a mixed -use r development. Staff and the Planning and Zoning Commission recommended denial of the rezoning. Mayor Silvia opened the public hearing. Veronica Morgan of 511 University Drive, addressed key issues regarding the C -B and PDD zoning. Thomas Madison, P.O. Box 150365, Austin, Texas, spoke in favor of the rezoning. Mayor Silvia closed the public hearing. Phil Trapani, 5012 Augusta Circle, representing the Planning and Zoning Commission recommended denial due to the contradiction of the existing land use plan. Council member Garner moved approval of Ordinance 2581 rezoning 18.33 acres from R -1 Single Family Residential to C -B Business Commercial, with conditions specified by the applicant. Motion seconded by Mayor Pro Tem Massey, which carried by a vote of 4 -2 FOR: Massey, Maloney, Garner, Mears AGAINST: Silvia, Hazen ABSENT: Happ Regular Agenda Item No. 12.3 -- Presentation, discussion and possible action on the proposed ad valorem tax rate of $0.4777 for Fiscal year 2002 -2003. Budget and Strategic Planning Director Kersten made a brief presentation on the proposed tax rate necessary to support the FY 2002 -2003 budget. The rate included $0.1946 for support of the general fund operation and maintenance and $0.2831 for support of the general debt service fund. Council held a public hearing on the proposed tax rate on September 12, 2002 and scheduled the vote on the tax rate for this date. Council member Mears moved approval of Ordinance No. 2582 adopting the tax rate of $0.4777 per $100 taxable valuation. Council member Hazen seconded the motion, which carried by a vote of 6 -0. FOR: Silvia, Massey, Garner, Mears, Maloney, Hazen ABSENT: Happ Workshop Agenda Item No. 6 -- Discussion, review and possible action regarding the following meetings. Planning and Zoning Commission, Parks and Recreation Board, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments, Metropolitan Planning Organization, Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, College Station Business Development Corporation, Historic Preservation Committee, Joint Relief Funding Review Committee, Library Committee, jit Committee, and the Transportation Committee. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 10 Council member Hazen presented highlights of the Board of Health Meeting. She noted the family A clinic currently being held at the Health Department would move to 1301 Memorial Drive. The services provided by the Family Practice Residency Program will remain the same. Mayor Pro Tem Massey reported that the Intergovernmental Committee discussed the following topics: Metro Emergency Medical System, Health Insurance Options, sharing the design cost for University Drive widening, a joint resolution regarding formal student housing bill that would allow a tax exempt status of private property, 4 -B and the Bryan Business Council Meetings. The October 16, 2002 Intergovernmental Committee meeting will be rescheduled to October 23, 2002, due to the TML Conference. Council member Garner remarked that John Happ would replace her as the chair on the Council Transportation Committee. The Transportation Committee will be charged with designating transportation priorities and discussing topics for the next Transportation Summit. Mayor Silvia suggested a Council retreat to update council member regarding current transportation issues. Council member Maloney presented key issues regarding the Marketing Plan of the Economic Development Corporation. Workshop Agenda Item No. 7 -- Council Calendars City Council Workshop and Regular Meetings, 10 /10, 10/24 Council Transportation Committee, 10/1 Public Hearing- Annexation Proceedings, Council Chambers, 7:00 p.m. TML Annual Conference, 10/16- 10/19, Fort Worth Annual Employee Banquet, 10/25, Brazos Center, 6:00 p.m. Congress of Cities, Salt Lake City, Utah, 12/3 -12/7 Regular Agenda Item No. 13 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for 9/26/02. At 10:16 p.m., Mayor Silvia announced that the Council would reconvene into executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to consider the purchase of real property and to consider economic development negotiations. Regular Agenda Item No. 14 -- Final action on executive session, if necessary. Council concluded its executive session at 11:09 p.m. They returned to open session. No action was taken. 410 Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 9/26/02 Page 11 Regular Agenda Item No. 15 -- Adjourn. 4 116•0 Hearing no objections, the meeting adjourned at 11:09 p.m. on Thursday, September 26, 2002. PASSED AND APPROVED this 10` day of October, 2002. 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