HomeMy WebLinkAbout09/23/2003 - Regular Minutes City CouncilCOLLEGE STATION
College Station, Embracing the Past,
Exploring the Future
Mayor City Council
Ron Silvia John Happ
Mayor Pro Tempore Robert Wareing
Anne Hazen Scott Mears
City Manager Dennis Maloney
Thomas E. Brymer James Massey
Minutes
College Station City Council
Workshop and Regular Meetings
Tuesday, September 23, 2003 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 Hazen, Council members Massey,
Happ, Wareing, Mears, Maloney
Staff Present: Assistant City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks,
Director of Development Services Templin, Development Services Engineer McCully, Director
of Economic Development Foutz, Director of Budget and Strategic Planning Kersten, Director of
Fiscal Services Cryan, Director of College Station Utilities Woody, Assistant Director of Parks
and Recreation Ploeger, Senior Planner Battle, Assistant to the City Manager Alexander,
Assistant City Secretary Casares
Mayor Silvia called the workshop meeting to order at 3:02 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular
Council Meeting.
10.2 — Bid No. 03 -51 — Discussion and possible action on a resolution approving a construction
contract for the replacement of lights at the Jane Pulley Softball Fields at Bee Creek Park to
Liteco Electric, Inc., in the amount of $87,565.00. Mayor Pro Tem Hazen expressed concern
regarding the cost of the replacement of lights. Director of Parks and Recreation Steve Beachy
described the cost factor for the replacement of the lights, the new pole controls and wiring.
Funds are available in the 2003 Parks Capital Improvement Projects budget and the 1998 Bond
Issue.
Workshop Agenda Item No. 2. -- Presentation, discussion and possible action on a status
report for the activities of the Brazos Valley Groundwater Conservation District.
Director of Public Utilities John Woody introduced Bill Riley, Manager of the Brazos Valley
Groundwater Conservation District for Brazos and Robertson Counties. Mr. Riley presented an
overview on the activities of the district since it was established. The purpose of the district was
to provide for the conservation, preservation, protection, recharging and prevention of waste of
Council Meeting 9/23/03 Page 2
the groundwater, and groundwater reservoirs of their subdivisions. The goals focused on the
current issues, specifically, groundwater availability, well spacing, and community participation.
No formal action was taken.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action on a study of
the City's growth, trends and projections.
Senior Planner Jane Kee, Senior Planner Lee Battle and Staff Planner Trey Fletcher presented an
overview of the recent growth trends, impacts and urbanization patterns and projections. The
current Comprehensive Plan established a southerly growth pattern in line with infrastructure
investments. The areas identified for growth are currently developing and the City needs to
consider future growth directions. The study analyzed the efficiency of the City's physical
growth patterns and its impact on the City's costs of service.
Several policy issues have been identified that the City will need to address in the near future to
determine future growth patterns. In order to address the policy issues, staff proposed the
development of a City Growth Strategy. A Growth Strategy would coordinate policies on issues
such as annexation, land use planning, utility extensions, redevelopment and physical growth
patterns. Also, the policies established in the strategy would guide staff', boards, commissions
and Council in making consistent decisions related to the growth of the community.
Council directed staff to proceed with the development of the Growth Policy Strategy and receive
progress reports during the process.
Council recessed at 4:20 p.m. for a short break and returned to the workshop meeting at 4:40
p
.m
Workshop Agenda Item No. 4 -- Presentation, discussion and possible action regarding
plans for a community information center.
Assistant City Manager Glenn Brown noted that during the recent joint retreat, University
President, Robert Gates, announced that the University was interested in beginning the process to
develop an information center to benefit the entire community. President Gates indicated that the
University has property, located on Texas Avenue, north of University Drive that could be used
for the information center. The Community Information Center is proposed to house the
Convention and Visitors' Bureau, the Research Valley Partnership, the Chamber of Commerce,
and the Texas A &M University Visitors Center.
After a brief discussion, council member Massey moved to appoint Mayor Silvia, Council
members Wareing and Mears to represent the council on the task force. Council member
Wareing declined due to time constraints. Council member Massey modified the motion to
appoint Mayor Silvia, Mayor Pro Tem Hazen and Council member Mears. Council member
Maloney seconded the motion, which carried unanimously, 7 -0.
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FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Massey
AGAINST: None
Workshop Agenda Item No. 5 -- 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.
Mayor Pro Tem Hazen suggested Bee Creek drainage project for a future workshop agenda item.
Council member Maloney suggested rezoning the Viking Apartments to C -1 or C -2, and the
older development along Harvey Road. Maloney remarked if the City initiated the rezoning, it
would help expand the commercial base in College Station.
Council member Happ suggested a major thoroughfare from College Main to Wellborn behind
Northgate.
Workshop Agenda Item No. 6 -- Council Calendars
2003 Council Meeting dates
Council Planning Calendar as of September 19, 2003
September 22 13 Annual Chamber of Commerce Golf Classic
September 23 "Exploring College Station History" Lecture Series, 7:00 p.m., College Station
Conference Center
September 23 -25 Texas Association of Regional Councils Conference and Exhibition, Hilton
College Station & Conference Center
September 25 Special Council Meeting
September 29-30 & October 1, Trip to Washington D.C.
October 7 Transportation Committee Meeting, 5:00 p.m. City Hall
October 9 City Council Workshop and Regular Meeting
October 15 "Exploring College Station History" featuring former Mayor Gary Halter, 11:30
a.m., CS Conference Center
October 15 Research Valley Partnership Board of Directors Meeting, 3:00 p.m.
October 16 2003 Youth Career Fair, Reed Arena
October 18 City of College Station 65 Birthday Tree Planting
October 19 City of College Station 65 Birthday Main Event VIP Reception, 1:00 p.m., P.
David Romei Arts Center
Council reviews the upcoming events.
Workshop Agenda Item No. 7 -- Executive Session will immediately follow the workshop
meeting in the Administrative Conference Room.
At 5:15 p.m., Mayor Silvia announced in open session that the City Council would convene into
executive session pursuant to Sections 551.071, 551.074, 551.087 of the Open Meetings Act, to
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seek the advice of the city attorney with respect to pending and contemplated litigation, the
evaluation of a public officer 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. 98- 11815, Travis County - Texas -New Mexico Power Co. v. PUC (intervention)
Cause No. 97- 12392, Travis County - Central Power & Light Co. v. PUC (intervention)
Cause No. 97- 12405, Travis County - Bryan v. PUC (intervention)
Cause No. 97- 12401, Travis County - TMPA v. PUC (intervention)
Cause No. 97- 12402, Travis County - San Antonio v. PUC (intervention)
Cause No. 97- 10792, 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)
Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al.
Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al.
Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention)
Cause No. GN300714, Travis County - TMPA v. PUC and City of Bryan (intervention)
Case No. 03 -02- 00462 -CV, Court of Appeals -TMPA v. PUC (continued intervention)
Case No. 03 -02- 00701 -CV, Court of Appeals - TMPA v. PUC (continued intervention)
Docket Nos. TX96 -2 -000, TX96 -2 -001, TX96 -2 -002, TX96 -2 -003, TX96 -2 -004, TX96 -2 -005,
TX96 -2 -006, TX96 -2 -007, 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)
Docket No. 26950, Public Utility Commission - College Station (intervention)
PUC Project No. 21927 - College Station request to maintain current certification
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.
Causes No. 02- 001154- CV -85; Brazos County - Municipal Drilling vs. College Station
Cause No. 02- 001291 -CV -361, Brazos County - Piersall v. College Station and Feldman
Cause No. 02- 002445 -CV -272, Brazos County - Evelyn L. Bruce v. College Station, C.D.
Henderson, Inc., and Scott Elliott, d/b /a Elliott Construction
Cause No. 03- 000617 -CV -272, Brazos County - TCA Holdings, et al. v. College Station
Cause No. 03 -CV- 129115, Fort Bend County - College Station v. Contract Land Staff, Inc.
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.
Wellborn Special Utility District, Cease and Desist
McDougal Claim.
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Personnel {Gov't Code Section 551.0741; possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer. After executive session discussion, any final action or
vote taken will be in public. The following public officer(s) may be discussed:
1. City Council Evaluation
Economic Incentive Negotiations {Gov't Code Section 551.0871; 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 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:
1. Office Building/ Performing Arts Center/ Hotel Conference Center
Workshop Agenda Item No. 8 -- Final action on Executive Session, if necessary.
Council recessed from executive session at 6:59 p.m. No action was taken.
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. Pastor Chris Snidow from Parkway Baptist
Church provided the invocation.
Mayor Silvia presented the proclamation for Public Power Week to David Massey and the City
of College Station electric line employees.
Mayor Silvia presented the Professional Planning Award to Ken Fogle, Jane Kee and Lee Battle.
9.1 Hear Visitors:
Kenneth Bonnet, 17155 Rock Prairie Road, addressed the council regarding the proposed change
to the water supply provisions in Chapter 5 of the International Fire Code.
Christopher Foust, 1003 Walton Dr., addressed the council regarding sustainability.
Consent Agenda
10.1 Approved by common consent minutes for the workshop and regular meeting of August
11, 2003.
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10.2 Bid No. 03 -51 — Approved by consent Resolution No. 9 -23- 2003 -10.02 approving a
construction contract for the replacement of lights at the Jane Pully Softball Fields at Bee
Creek Park to Liteco Electric, Inc, in the amount of $87,565.00.
10.3 Approved by common consent a purchase requests for FY 04 items exempt from
competitive bidding as described more fully in Texas Local Government Code, Chapter
252.022 (a) (7).
10.4 Approved by common consent Resolution No. 9 -23- 2003 -10.04 amending Chapter 14,
College Station Code of Ordinances, by waiving the application fee for the Construction
Board of Adjustments and Appeals in certain situations.
10.5 Approved by common consent to extend contract insurance coverage for one year on
Excess Workers' Compensation and Liability.
10.6 Approved by common consent to ratify Change Order #1 to consultant contract 02 -160
with TruGreen Land Care doing business as Land Design Studio for consulting services
for the Northgate Redevelopment Implementation Plan, increasing the contract by
$800.00.
10.7 Approved by common consent a contract insurance coverage with TML for Real &
Personal Property, Mobile Equipment, Boiler & Machinery, Auto Fleet Catastrophic and
Employee Dishonesty.
Regular Agenda
Regular Agenda Item No. 11.1 -- Public hearing, discussion and possible action on an
ordinance amendment to the Comprehensive Plan — Land Use Plan from Office to Retail
Regional for Lots G -2A and G -2B, Ponderosa Place, consisting of 2.63 acres, and located at
1745 and 1751 Rock Prairie Road at the northwest corner of Rock Prairie Road and
Longmire Drive.
Director of Development Services Kelly Templin noted that the Land Use Plan amendment to
Retail Regional is required in order to make possible rezoning to C -1 General Commercial. With
the adoption of the Unified Development Ordinance rezonings are required to be in compliance
with the Land Use Plan. The property was annexed in 1980 and rezoned from A -O Agricultural
Open to C -2 Commercial Industrial that same year. The property was platted as a part of
Ponderosa Place Section 2 in 1982 and 1989 and replatted into Lots G2 -A and G2 -B in 2002.
Walgreens and Whataburger were developed on the lots in 2003 under the regulations of the
previous zoning regulations.
Staff determined that this property is more suitable for a `Retail Regional' designation on the
Land Use Plan due to new development and changing conditions in the area. This designation
would be consistent with the policy of locating commercial at major intersections.
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The Planning and Zoning Commission and staff recommended approval of the Comprehensive
Plan amendment.
Mayor Silvia opened the public hearing. No one spoke. Mayor closed the public hearing.
Council member Mears made a motion to approve Ordinance No. 2665 approving an
amendment to the Comprehensive Plan — Land Use Plan from `Office' to `Retail Regional' for
Lots G -2A and G -2B. Council member Happ seconded the motion, which carried unanimously,
7 -0.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Massey
AGAINST: None
Regular Agenda Item No. 11.2 -- Public hearing, discussion and possible action on an
ordinance rezoning 2.63 acres from C -2 Commercial Industrial, to C -1 General
Commercial, for Lots G -2A and G -2B, Ponderosa Place located at 1745 and 1751 Rock
Prairie Road at the northwest corner of Rock Prairie Road and Longmire Drive.
Director of Development Services Kelly Templin remarked the applicants are requesting a
rezoning from C -2 Commercial Industrial to C -1 General Commercial in order to bring the
current uses of the properties into compliance with the Unified Development Ordinance. C -1
General Commercial is the only zoning category that allows both retail and restaurant (with a
drive -thru) uses. In the Unified Development Ordinance retail and restaurant are no longer
permitted uses in C -2. The adoption of the Unified Development Ordinance made these
businesses legally non - conforming in their current zoning district.
Mayor Silvia opened the public hearings. No one spoke. Mayor closed the public hearing.
Council member Mears made a motion to approve Ordinance No. 2666 rezoning 2.63 acres
from C -2 Commercial Industrial, to C -1 General Commercial. Council member Happ seconded
the motion, which carried unanimously, 7 -0.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Massey
AGAINST: None
Regular Agenda Item No. 11.3 -- Public hearing, discussion and possible action on an
ordinance rezoning 71.37 acre -tact from A -O Agricultural Open to R -1 Single - Family and
R -2 Duplex located between Graham and Baron Roads near Wellborn Road.
Director of Development Services Kelly Templin remarked that the applicant requested the
rezoning in order to prepare the property for future phases of Edelweiss Gartens Subdivision.
The 63.53 acre -tract is currently zoned A -O Agricultural Open and proposed for rezoning to R -1
Single- Family. The 7.84 acre -tract is currently zoned A -O Agricultural Open and proposed for
rezoning to R -2 duplex. The Land Use Plan shows this area as Single Family Residential
Medium Density. The proposed R -1 Single- Family in compliance with the Land Use Plan and
since the R -2 Duplex falls within the medium density range, staff supports the rezoning request.
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The Planning and Zoning Commission and staff recommended approval.
Mayor Silvia opened the public hearings.
Steve Arden, 311 Cecilia Loop, the developer, answered questions of the City Council.
Mayor Silvia closed the public hearing.
Council member Wareing moved to approve Ordinance No. 2667 rezoning 71.37 acres from
A -O Agricultural Open to R -1 Single - Family and R -2 Duplex. Council member Mears seconded
the motion, which carried unanimously, 7 -0.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Massey
AGAINST: None
Regular Agenda Item No. 11.4 -- Public hearing, discussion and possible action on an
ordinance rezoning 113.201 acres from A -O Agricultural Open to C -1 General Commercial
and PDD Planned Development District for the Villas at Harvey near the intersection of SH
30 and FM 158 area.
Director of Development Services Kelly Templin noted that the applicant is requesting the
rezoning in order to prepare 7.367 acres of land with frontage on FM 158 for commercial
development and 105.834 acres off of SH 30 for high- density residential. In additional, a PDD -H
was pursued for the residential development for duplexes on individually platted lots that will
meet the density reflected in the Land Use Plan. He explained the process for a PDD as defined
in the Unified Development Ordinance. The proposed commercial rezoning is in compliance
with the Land Use Plan.
Mayor Silvia opened the public hearing.
Bill Lero, 4421 Nottingham Lane, representing the developer, addressed the Council regarding
the 30/60 Plan and explained the concept of the Villas at Harvey.
Mayor Silvia closed the public hearing.
Council member Maloney moved to deny. Council member Happ seconded the motion.
Council member Maloney expressed concerns regarding the land usage.
Council member Massey displayed positive comments and conveyed his support of the proposed
rezoning.
Council member Mears discussed factors associated with the review of the concept plans and
meritorious modifications under the duties of the Design Review board and conveyed his support
of the proposed rezoning.
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After a brief discussion, Council member Maloney withdrew his motion. Council member Happ
seconded the motion, which carried unanimously, 7 -0.
Council member Happ moved to approve Ordinance No. 2668 rezoning 113.201 acres from A-
O Agricultural Open to C -1 General Commercial and PDD Planned Development District for the
Villas at Harvey. Council member Maloney seconded the motion, which carried unanimously.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Massey
AGAINST: None
Regular Agenda Item No. 11.5 -- Public hearing, discussion and possible action on
institution of impact fees for the proposed Steeplechase Sanitary Sewer Impact Fee Area.
Assistant Engineer Brett McCully remarked that this is the final hearing before the City Council
required enacting the City's fifth utility impact fee area. Mr. McCully reported on the
background process of the Impact Fee, noting that the purpose was to recuperate the significant
investment made by the City.
Staff recommended setting the impact fee at $300.00 per living unit equivalent, and adopting the
creation of the impact fee area.
Mayor Silvia opened the public hearing. No one spoke. Mayor closed the public hearing.
Council member Maloney moved to approve the $300.00 per living unit equivalent, and adopting
the Steeplechase Sanitary Sewer Impact Fee area. Council member Massey seconded the motion,
which carried unanimously, 7 -0.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Maloney
AGAINST: None
Regular Agenda Item No. 11.6 -- Bid No. 03 -101— Presentation, discussion and possible
action on a resolution approving a construction contract for the development of a Zone 10
neighborhood park to Orion Construction in the amount of $237,033.27.
Assistant Director of Parks and Recreation Eric Ploeger presented a brief overview of the
proposed development of a 14.5 -acres neighborhood park in the Shenandoah Subdivision.
Included in the park development project was the installation of conduit along the perimeter of
the park to provide service for future developments. The proposed neighborhood park would
include a covered play ground unit, swings, picnic units, small shelter, sidewalks, area lighting,
additional trees, full basketball court and irrigation system. The funding available in the Fiscal
Year 2003 Zone 10 Park Land Dedication Capital Improvement Project Fund in the amount of
$160,728.00; and the Electrical Fund in the amount of $76,305.27.
Staff recommended approval of the resolution awarding the construction contract to Orion
Construction in the amount of $237,033.27.
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Council member Massey moved to approve Resolution No. 9 -23- 2003 -11.06 awarding the
construction contract to Orion Construction in the amount of $237,033.27. Council member
Happ seconded the motion, which carried unanimously, 7 -0.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney, Massey
AGAINST: None
Regular Agenda Item No. 11.7 -- Discussion and possible action on two appointments to the
Brazos Valley Convention & Visitors Bureau to fill expired terms.
Director of Economic Development Kim Foutz noted that Lynn Mcllhaney, Glenda Mariott and
Joe O'Leary, were appointed in 2002, represented College Station on the Brazos Valley
Convention & Visitors Bureau Board. Mrs. Glenda Mariott and Mr. O'Leary were originally
appointed for a one -year term, which expire on September 30, 2003. Mrs. Lynn Mcllhaney was
pointed for a two -year term, which ends September 30, 2004. The nominating committee of the
Brazos Valley Convention & Visitors Bureau recommended Mrs. Mariott and Mr. O'Leary for
re- appointment for two years beginning October 1, 2003 . and ending September 30, 2005.
Mayor Pro Tem Hazen moved to re- appoint Glenda Mariott and Dr. Joseph T. O'Leary to the
Brazos Valley Convention and Visitors Bureau for a two year term beginning October 1, 2003
and ending September 30, 2005. Council member Maloney seconded the motion, which carried
unanimously, 7 -0.
FOR: Silvia, Hazen, Happ, Wareing, Mears, Maloney
AGAINST: None
Regular Agenda Item No. 11.8 -- Discussion, review and possible action regarding the
following meetings: Brazos County Health Department, Brazos Animal Shelter, Brazos
Valley Council of Governments, Capital Improvement Program Citizen Advisory
Committee, Cemetery Committee, College Station Business Development Corporation,
Facade Improvement Program Advisory Committee, Historic Preservation Committee,
Intergovernmental Committee, 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 and
Zoning board of Adjustments.
Council member Maloney presented highlights of the Research Valley Partnership meeting.
Council member Mears conveyed comments regarding the Planning and Zoning Commission
meeting.
Council member Happ informed the Council that the Transportation Committee selected two
dates for the upcoming Transportation Summit.
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Council member Massey thanked council members for their participation in the
Intergovernmental retreat.
Mayor Silvia noted that the Brazos Animal Shelter is in the process of recreating their budget in
order to meet the requirements of the City of College Station, City of Bryan and Brazos County
budgets.
Regular Agenda Item No. 12 -- The City Council may convene the executive session
following the regular meeting to discuss matters posted on the executive session agenda for
September 23, 2003.
At 8:40 p.m., Mayor Silvia announced in open session that the City Council would reconvene
into executive session pursuant to Sections 551.071, 551.074, 551.087 of the Open Meetings Act,
to seek the advice of the city attorney with respect to pending and contemplated litigation, the
evaluation of a public officer and to consider economic development negotiations.
Regular Agenda Item No. 13 -- Final Action on executive session, if necessary.
Council returned to the regular meeting at 9:45 p.m. No action was taken from executive
session.
Regular Agenda Item No. 14 -- Adjourn.
Hearing no objections, the meeting adjourned at 9:46 p.m., Thursday, September 23, 2003.
PASSED and APPROVED this 13 day of November, 2003.
APPROVED:
A EST:
City Secretary Connie H ooks
Mayor ion Silvia
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September 23, 2003
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